HomeMy WebLinkAbout2004 12 01X01 N I N I Sm Lei ki F-A 10 1
NOTICE IS HEREBY GIVEN that a Special Meeting of the aforementioned agencies is
hereby called to be held WEDNESDAY, DECEMBER 1, 2004, at 6:00 P.M. in the Council
Chamber, 14403 E. Pacific Avenue, Baldwin Park, CA 91706.
Said Special Meeting shall be for the purpose of conducting business in accordance
with the attached Agenda.
Dated: November 24, 2004
"Original Signed"
Manuel Lozano
Mayor
AFFIDAVIT OF POSTING
1, Rosemary M. Ramirez, Chief Deputy City Clerk, certify that I caused the Notice and
Call of the aforementioned agencies to be held Wednesday, December 1, 2004, at 6:00 p.m.,
in the Council Chamber, 14403 E. Pacific Ave., Baldwin Park, CA, to be delivered via email
(hard copy to follow) to each Council/Commission Member, and the San Gabriel Valley
Tribune, and that j- posted said notice as required by law on Thursday, November 24, 2004.
RosemaA M. R�aez, CMC
Chief Deputy City Clerk
BALDWIN PARK
CITY COUNCIL
COMMUNITY DEVELOPMENT COMMISSION
SPECIAL MEETIRG
CITY HALL COUNCIL CHAMBER
6:00 P.M.
'BALDWIN
K
Manuel Lozano, Mayor/Chair
Nicardo Pacheco, Mayor Pro TernNice Cha?-,-
Marlen Garcia, Councilmember/Member
David J. Olivas, Councilmember/Member
Bill Van Cleave, Councilmember/Member
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed five (5) minutes
speaking time. A Spanish speaking interpreter is
available for your convenience.
A • A •
COMENTARIOS DEL PUBLIC
Se invita al pOblico a dirigirse al Concitio o cualquiera
otra de sus Agencias nombradas en esta agenda,
Para hablar sobre cualquier asunto publicado en la
agenda o cualquier terra que est6 bajo su jurisdicci6n.
Si usted desea la oportunidad de dirigirse al Concilio o
a1guna de sus Agencias, podr6 hacerlo durante el
periodo de Comentarios del POblico (Public
Communications) anunciado en la agenda. A cada
persona se le permite hablar por cinco (5) minutos.
Hay un int6rprete para su conveniencia.
i
all
Five (5) minute speaking time limit
Cinco (5) minutos sera el limite para habiar
THIS 1S THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future
meeting. [Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista
alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder
brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar
asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.2]
1. PUBLIC EiUIPLOYEE APPOINTMENT (GC §54957)
Title: Finance Director
Title: Chief Executive Officer
•, D 1 •
.• .• • •
• •
ADJOURNMENT
I 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 24th day of November, 2004.
PLEASE (VOTE: 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 via e -mail at rramirez@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 ll)
Special Meeting Agenda — December 1, 2004
4
AGENDA
BALDWIN PARK CITY COUNCIL
DECEMBER 1, 2004
REGULAR MEET1r1,G
CITY HALL COUNCIL CHAMBER
7:00 P.M.
BALDWIN
P A 11, - K
Manuel Lozano, Mayor
'Okicardo Pacheco, Mayor Pro Tern
Marlen Garcia, Councilmember
David J. Olivas, Councilmember
Bill
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed five (5) minutes
speaking time. A Spanish speaking interpreter is
available for your convenience.
COMENTARIOS DEL PUBLIC
Se invita al pOblico a didgirse al Concilio o cuaIquiera
otra de sus Agencias nombradas en esta agenda,
Para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que est6 bqJ6 su jurisdicci6n.
Si usted desea la oportunidad de didgirse al Concilio o
a1guna de sus Agencias, podr6 hacerlo durante e/
periodo de Comentarios del POblico (Public
Communications) anunciado en la agenda. A cada
persona se le permite hablar por cinco (5) minutos.
Hay un int6rprete para su conveniencia.
aIUNI- 1m:&I" -.
Members: Marlen Garcia, David J. Olivas, Bill Van Cleave, Mayor Pro Tern Ricardo
Pacheco and Mayor Manuel Lozano
/_1-il,Iil, [all 10[$ 04 4'klk]W
Presentation by WalMart of Baldwin Park of Safe Neighborhood Heroes Grant Fund
Appropriation in the Amount of $1,500
Presentation of Certificates of Recognition to 2004 Flag Football Program Participants
Five (5) minute speaking time limit
Cinco (5) minutos sera el limite Para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) Direct staff to investigate and /or schedule matters for consideration at a future meeting.
[Government Code §54954.2]
ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO
FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar 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: 1) Responder brevemente a
declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos Para tomar en
consideraci6n en juntas proximal. [Codigo de Gobierno §54954.2]
City Council Agenda — December 1, 2004
4
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. PROPOSED RECOGNITIONS BY THE MAYOR AND CITY COUNCIL FOR THE
PERIOD OF DECEMBER 1, 2004 TO DECEMBER 14,2004
Staff recommends City Council approve the preparation an• presentation of
proposed proclamations an• plaques.
2. CLAIM REJECTION — MARIA RICHARD PIZANO (10.20.04)
Staff recommends City Council reject the claim of Richard Pizano (10.20.04) and direct
staff to send the appropriate notice of rejection to claimant.
3. RESOLUTION OF NECESSITY AUTHORIZING THE CONDEMNATION OF
ri = ► t ► •
Staff recommends City Council waive further reading, read by title only and adopt
Resolution No. 2004 -091 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF BALDWIN PARK FINDING AND DETERMINING THE PUBLIC INTEREST
AND NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION OF
CERTAIN REAL PROPERTY - MARLINDA AVENUE."
AVENUE; 4. APPROVAL OF FINAL TRACT MAP NO. 60138; LOCATION: 3755 BRESEE
•* •• ATLANTIC
Staff recommends City Council •• • - Final Tract Map No. 61
5. SECOND READING OF ORDINANCE NO. 1252
Staff recommends City Council adopt on • • reading, Ordinance No. 1252 entitled,
ZONING "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
APPROVING AN AMENDMENT TO SECTION 153.227 AND 153.339 OF THE CITY'S
•D TO ALLOW AN • PARKING FACILITY 300 'OF
APPROVED, THE PRIMARY PARCEL/USE WITHIN THE 1, INDUSTRIAL ZONE IF A CONDITIONAL
USE PERMIT IS TO SECTION 153.630 OF
ZONING CODE (APPLICANT: SANDERS CANDY FACTORY; CASE NO. AZC-150)."
• APPROVAL OF CONTRACT BAR. CLARK ENVIRONMENTAL FOR ,
11 PAINT ASSESSMENT AND '
Staff recommends City Council approve the contract between the
City of • Park • Barr & Clark Environmental for -.• -• Paint Testing,
Risk Assessment and Lead Clearance.
7. APPROVE PLANS AND SPECIFICATIONS AND AUTHORIZE STAFF TO
ADVERTISE AND SOLICIT BIDS FOR MAINE AVENUE IMPROVEMENTS, CIP 632
Staff recommends Cit• approve the plans and specifications and authorize
to advertise and solicit bids for • • phase of - project.
8. INDEPENDENT CITIES RISK MANAGEMENT AUTHORITY (ICRMA) — APPROVAL
OF • JOINT EXERCISE OF POWERS AGREEMENT FOR
INSURANCE AND RISK MANAGEMENT PURPOSES AND APPOINTING
REPRESENTATIVES TO THE AUTHORITY'S GOVERNING BOARD
Staff recommends City Council waive further reading, read by title only and adopt
City Council Agenda — December 1, 2004
3
a •; •a�a � a a ��• •a,
City Council Agenda — December 1, 2004
0
MARTHA MALTOS; CASE NO.: DR-28 AND TM-62166; LOCATION: 4958 MAINE
AVENUE; and 4) Approve Tentative Tract Map 62166 to subdivide two (2) lots into s
• lots for residential purposes.
W a go] aki K01 &•1; U; I us]
1. REQUEST COUNCIL DIRECTION REGARDING RECREATION AND COMMUNITY
SERVICES COMMISSIONER'S ABSENCE FROM MEETINGS
Staff recommends City Council declare Office No. 4 of the Recreation and Community
Services Commission vacant and, either: 1) Reinstate Mr. Conde to that office, OR 2)
Direct the City Clerk's Department to initiate the selection process to fill said vacancy.
CLOSES •
ADJOURNMENT
I 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 24th day of November, 2004.
//,Z—
Rosemary KA. Ra z, CMC
Chief Deputy City Clerk
PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are
available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public
Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of
the City Clerk at 626.960.4011, ext. 108 or via e -mail at rramirez@baldwinpark.com
In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this
meeting, please contact the Public Works Department or Risk Management at 626.960.4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this
meeting. (28 CFR 34.102.104 ADA TITLE II)
City Council Agenda — December 1, 2004
D,er-. 1, zooq
S�APAEPORT-
I-
1.6160614hirifA
i
FROM: Sid Mousavi, Interim Chief Executive Officer 01
DATE: December 1, 2004
SUBJECT: Proposed Recognitions • the Mayor and City Council for the period
December 1, 2004 to December 14, 2004
PURPOSE
The purpose of this report is to seek approval of the City Council of requests for
plaques, proclamations and certificates; and to recap approved emergency requests.
REQUESTS/RECAP
As of December 1, 2004, the following request has been received for the period from
December 1, 2004 to December 14, 2004.
"I'll
• , a• •
It is recommended that the City Council approve the preparation and presentation of the
above certificate.
Prepared By: Sharon Thompson, Executive Secretary to CEO
Time/Date/Place of D
Date Needed
Requested By L
List of Honorees P
Presentation
City Clerk's H
Housing Commissioner 7
7:00 pm, Wednesday, C
Certificate
Office S
Sally Wieck D
December 15, 2004 1
12/15/04
City Council Meeting
• , a• •
It is recommended that the City Council approve the preparation and presentation of the
above certificate.
Prepared By: Sharon Thompson, Executive Secretary to CEO
FROM: Sid Mousavi, Interim Chief Executive Officer'
DATE: December 1, 2004
c
CITY COUNCIL AGENDA
1
This report requests that the City Council reject the claim(s) filed against the City by
claimant Richard Pizano (10.20.04).
In order for the statute of limitations to begin on subject claims, it is necessary for the
City Council to reject the claims by order of a motion and that the claimant be sent
written notification of said action.
It is recommended that the City Council reject the above referenced claim and direct
staff to send the appropriate notice of rejection to claimant.
Report prepared by: Michelle Alves, Personnel Analyst I
�i
WIL •
CITY COUNCIL AGENDA
D LE U' 1 2004
ITEM NO, J
BALDWIN
P A, R, K
TO: Honorable Mayor and Members of the City Council
FROM: Shafique Naiyer, Director of Public Works
DATE: December 1, 2004
SUBJECT: RESOLUTION OF NECESSITY AUTHORIZING THE
CONDEMNATION OF MARLINDA AVENUE RIGHT-OF-WAY
ew:_�
This report requests that the City Council consider the attached Resolution of Necessity
authorizing the condemnation of Marlinda Avenue right-of-way.
On October 1, 2003, the Zoning Administrator of the City of Baldwin Park approved
Tentative Tract Map No. 60438 (five lots). During preparation of the Final Tract Map, the
developer discovered that a 11.5 foot wide strip of land (remnant parcel) along Marlinda
Avenue is owned by another party, therefore the developer is unable to complete the final
map.
The developer has attempted to locate the owner of the remnant parcel along Marlinda
Avenue to purchase the property. In addition, counsel for the City has searched on-line
telephone data bases and County Assessor's records in an effort to locate addresses for
the owner of the remnant parcel but no information was available.
In order to authorize condemnation of property, the City Council must make certain
findings required by the Eminent Domain Law. Those findings, which are contained in the
attached Resolution of Necessity are as follows:
a) That the public interest and necessity require the proposed project;
b) That the project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury;
c) That the hereinafter described real property is necessary for the proposed project;
and
d) That the offer required by Section 7267.2 of the Government Code has not been
made to the owner or owners of record because the owner (s) connot be located
with reasonable diligence.
Condemnation of the property in question will serve the public interest and necessity by
establishing an adequate public right-of-way for traffic on Marlinda Avenue.
The City has obtained an appraisal for the fair market value of the remnant parcel from
Lea Associates. The appraisal concludes that the fair market value of the remnant parcel
is $2,700.00 and the value is affected by the fact that the remnant parcel has already
been effectively incorporated into Marlinda Avenue's right-of-way. The property has an
easement for power lines on it and is not of a size and shape that would permit
development. Ordinarily, an offer to purchase the remnant parcel at the appraised fair
market value would be made to the owner before the Resolution of Necessity was
adopted. However, because the owner of the remnant parcel cannot be located, it is not
possible nor is it required, to make such an offer. Pursuant to Article 19, Class 1,
Subsection c of the California Environmental Quality Act, the proposed adoption of a
Resolution of Necessity to condemn a remnant parcel for public street purposes is
exempt. The developer has agreed to pay all costs for the condemnation of the Marlinda
Avenue right-of-way.
Adoption of the Resolution of Necessity requires four affirmative votes.
This report has been reviewed by the City Attorney's office.
The developer has agreed to pay all costs for the condemnation of the remnant parcel and
has deposited $10,000 with the City to cover the expenses. There is no impact on the
General Fund.
It is recommended that the City Council adopt the Resolution of Necessity authorizing the
condemnation of the Marlinda Avenue right-of-way.
-P a !k 0 • . 0 1 0 10 ".
Arjan Idnani
Assistant Director of Public Works
SN/AI/In
A Resolution of the City Council of the City of Baldwin Park
Finding and Determining the Public Interest and Necessity for
Acquiring and Authorizing Condemnation of Certain Real
Property (Marlinda Avenue)
THE CITY COUNCIL • THE CITY • BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
WHEREAS, the City Council of the City of Baldwin Park ("City") by vote of not
less than two-thirds of its members, does hereby resolve and determine as follows:
SECTION 1. The real property described in Exhibit A attached hereto and
incorporated herein by this reference ("Property"), is located within the City.
SECTION 2. The Property is to be acquired for a public use, namely, for
widening of Marlinda Street, a public street. The City is authorized to acquire the
hereinafter described real property pursuant to Government Code § 37350, 37350.5,
37351 and the Eminent Domain Law of the State of California (Code of Civil
Procedure, Title 7, Chapters 1-12, including, without limitation, Section 1240.010-
1240.700).
SECTION 3. On the basis of the information contained in that certain staff
report to the Mayor and Members of the City Council dated December 1, 2004,
which is incorporated herein by this reference, and all other written and oral
information, evidence and testimony presented to the City Council, the City Council
declares, finds and determines:
(a) That the public interest and necessity require the proposed project;
(b) That the project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
(c) That the hereinafter described real property is necessary for the
proposed project; and
(d) That the offer required by Section 7267.2 of the Government Code has
not been made to the owner or owners of record because the owner(s) cannot
be located with reasonable diligence.
SECTION 4. The City is hereby authorized and empowered to acquire by
condemnation the fee title to the Property.
SECTION 5.The City Attorney and/or the law firm of Kane, Ballmer & Berkman
are hereby authorized to prepare and prosecute in the name of the City such
proceeding or proceedings in the proper court having jurisdiction thereof, as are
necessary for such acquisition, and to prepare and file all pleadings, documents,
briefs, and other instruments, and to make such arguments and to take such actions
as may be necessary in their opinion to acquire the real property. The City Attorney
and/or the law firm of Kane, Ballmer & Berkman are specifically authorized to take
whatever steps and/or procedures are available to it under the Eminent Domain Law
of the State of California (Code of Civil Procedure, Title 7, Chapters 1-12, Sections
1230.010-1273.050).
PASSED, APPROVED and ADOPTED this day •
Mayor
UAW U 16% a
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS:
CITY OF BALDWIN PARK )
1, ROSEMARY RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing Resolution was duly and regularly approved and adopted
by the City Council of the City of Baldwin Park at its regular meeting of the City Council on
, 2004 by the following vote:
AYES:
NOES:
ROSEMARY RAMIREZ, CIVIC,
CHIEF DEPUTY CITY CLERK
r■
NORTHWEST THE I FEET OF • T 13, IN BLOCK AA@ •; .. •
09 OF . LDWIN PARK, COUNTY OF •
STATE OF . •' A AS ••D D IN BOOK • PAGES ..
COUNTY. AND 45 OF MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
ALSO EXCEPT THEREFROM: • AND ORES
WILLIAM THEREOF, EXCEPTED FROM THE PARTITION BETWEEN JOHN ROWLAND,
•• . N, IN THE PARTITION DEED RECORDED
BOOK 10, PAGE 39 OF DEEDS.
ALSO EXCEPT: ALL THE OIL, GAS, ASPHALTUM AND OTHER
HYDROCARBON C
DEVELOPED ` l USED IN CONNECTION '' OF - 9
ABOVE • MINERALS, OF
THE DEED FROM ANITA M. BALDWIN, RECORDED IN BOOK 1729, PAGE
OFFICIAL RECORDS.
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ALL HATCHED AREAS REPRESENT ORDER OF
CONDEMNATION RECORDED IN DEED 3759
RECORDED APR. 2O, 1966 AND DEED 3457
RECORDED WAY 9. 1966
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ALL HATCHED AREAS REPRESENT ORDER OF
CONDEMNATION RECORDED IN DEED 3759
RECORDED APR. 2O, 1966 AND DEED 3457
RECORDED WAY 9. 1966
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ITEM NO.
STAFF REPORT
lom
This report requests that the City Council approve Final Tract Map No. 60139 pursuant
to the State Subdivision Map Act and Section 152.09 of the City of Baldwin Park
Municipal Code.
The proposed tract map is for a single-family unit subdivision. This project is located at
3755 Bresee Avenue. The project area is approximately 35,000 square feet as part of
this subdivision. The developer needs to install all off site improvements along the
properties at 3755 Bresee Avenue. The developer has provided a bond of $12,033 for
this work and has agreed to complete this work before the buildings are given a final for
occupancy. The attached map shows the proposed subdivision.
The developer for this project is Meiloon Atlantic of Duarte, California. The developer
has satisfied all the conditions established for this project.
NERO=
The final map and the following documents are in order and on file with the Engineering
Division:
1. A copy of the subdivision agreement executed by the subdivider
2. Final Tract Map No. 60139
3. Subdivision guarantee
4. Performance bond in the amount of $8,000.00
5. Labor and materials bond in the amount of $4,033.00
The Engineering Division staff reviewed the final map and found it to be substantially
the same as it appeared on the tentative map, including any approved alterations. The
Planning Commission conditionally approved the tentative map on September 24, 2003.
None
It is recommended that the City Council approve Final Tract Map No. 60139.
Tim Blair
Assistant Engineer
SN/TB/In
T NO. 60139
IN THE CITY OF BALDWI+N PARK
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
BEING A !AWIViSI,ON OF LOT 1,8 OF TRACT 6285, AS PER MAP RECORDED IN BOOK fig,
PAGE 40 OF MAPS, IN THE OFFICE OAF %E COUNTY RECORDER OF SAID COUNTY.
FOR CONDOMINIUM PURPOSES
OWNER'$ STATDIIENT
WE HEREBY SfAir *WOE AW BF Oev�RS 1� � /0�' B(TERESTED IN THE
IaAwS rK wBM BE > YAP wTw THE
OISTikCnAE t S. MID BE' CdPSCNT TO nE RMPARATWN AM nUAC
ON sw YAP ANO
YANG, idT
SUIE OF CNFOPJWA )
COUNTY OF LOS ANGLES ) SS
NAY: PRINTED
Mlr CON!l890N EXPIRES
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LOS AN6k3E5 C0414TT.
SIGNATURE OMIS OTES: _.
'RE SRWAT4ME3 GF JQM ROXMD AW MUM AY, NOLDO OF OIL, I;AS
OR WMkAL NDM BY b= (TEASE) REC=ED IN BOW. 50, PAGE 30 OF OMM,
WAS SSA QWTTED PORSUANT TO ME PROYMORS OF SECTTQT 86436 (a) 3 (c) tV
TIE SWINAUMN 404P ACT.
SURVEYOR'S STATE44ZNT
MIS MAP WAS PREPsAW 8Y ME OR 4M ER MY OBEC7M AND IS BASED UPON A.
nELD "VEY W CoWaSUMM WAH IW TS IF 'RIE MAP
ACT AND LOCAL QRWalW AT TIdE OF YAHC OF .Cot
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DATE tlA AONMRAS OTYO'BAUM. PAW
CITY TREA4IRER
OTY CLEWS CMTFiCATE.
1TOF LOS ANIiS I.S.
i tiMMY CERTffY THAT THIS MAP WAS PRESENTED fOR
$1- Wy
OMOM O•' THE CITY OF SALDU N PARK AT A tAE:9 4I
ft DAY OF 2003, NO THAT VOMANM SW 1.
BY AR. M)M OIA.Y PASSED 00 ETITEMM. APPMW 'SAM MAP "00 AOOEPT ON
80VU OF THE CITY OF BNOAWf PAW Tim 0MOTT . W WARY SMW AS
CATEO HEREON.
GATED "S DAY OF
IMEMARY RAMMU
0 TY CLEFK. CITY Of eftDW PAA&K
IN THE CITY OF BALDWIN PARK
COUNTY OF LOS ANGELES, STATE OF CALIFORNIA
FOR CONDOMINIUM PURPOSES
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i
AGREEMENT
THIS AGREEMENT, made and entered into this L day of
,�92,v"�,by and between the CITY OF BALDWIN PARK, a Municipal Corporation,-
(hereinafter "CITY "), in the County of Los Angeles, State of California and
m kit [ cw / "`f( re f! C ; L L C _
(hereinafter "Subdivider ")
WITNESSETH
The parties hereto do agree as follows:
FIRST: That the Subdivider, for and in consideration of approval by City of
Baldwin Park and acceptance of any streets, easements or other property, offered for
dedication pursuant to the approval, of said ([� 6,-olvt Map, hereby agrees at this
sole cost and expense, to furnish all equipment, material and labor necessary to perform
and complete within twelve (12) months from the date hereof, in a good and workmanlike
manner, the following work and improvements, to wit:_LL al 'l
(hereinafter "improvements ") and to pay for all materials, provisions, or other supplies
used in, upon, for or about the performance of the work contracted to be done, and for
any work and labor done thereon of any kind.
Said improvements shall be accomplished in conformity with applicable provisions
of the Baldwin Park Municipal Code, the plans, profiles, and specifications filed in the °
1
office of the Director of Public Works, under the supervision of, and to,the satisfaction of
the Director of Public Works. Said improvements, shall not be deemed complete until
approved and accepted by the City. The estimated cost of said work and improvements
is the sum of $.
SECOND: That Subdivider shall hold City, its officers, employees and agents free
and harmless from any claim, demand or judgement arising out of Subdividers
performance pursuant to this Agreement.
THIRD: That it is further agreed that said Subdivider will at all times prior to the
acceptance of said improvements by said City, give good and adequate warning to the
traveling public of each and every dangerous condition caused by construction of said
improvements, and will take the steps necessary to protect the traveling public from such
defective or dangerous conditions. That it is understood and agreed that until the
acceptance of all the improvements to be constructed, each of said streets offered for
dedication shall be under the charge of said Subdivider for the purposes of this
Agreement and said Subdivider may close all or a portion of any street whenever it is
necessary to protect the traveling public during the construction of the improvements
herein agreed to be constructed. The Subdivider hereby agrees to pay all costs for such
inspection of streets as may be established by Resolution of the City Council.
FOURTH: It is further agreed that said Subdivider has filed with the City a cash
deposit, surety bonds, or instruments of credit, in the sum of $
and
$ 0 beiiig respectively 100% of the estimated cost of said improvements,
as a guarantee for faithful performance pursuant to this Agreement and 50% of the
2
estimated cost of said improvements for securing payment to the contractor, his
subcontractors, and to persons furnishing labor, material and/or equipment to them for
the performance of said improvements. -
If the Subdivider shall well and truly do and perform all of the covenants and
obligations of this Agreement on his part to be done and performed, at the times and
manner specified herein, then the said faithful performance security shall be released;
otherwise the City shall have the right to move against said security in such manner as
it deems lawful and appropriate and shall cause such covenants and obligations to be
performed using such security.
Any faithful performance security in the form of a cash deposit or instrument of
credit may be released in increments of no less than $1,000 upon partial compliance with
the covenants and obligations of this Agreement as determined by the Director of Public
Works and upon receipt of such a request, in writing, from the Subdivider. The security
payment to the contractor, his subcontractors and to persons furnishing labor, materials
or equipment may, six months after completion and acceptance of work, be reduced to
an amount not less than the total of all claims on which an action has been filed and
notice thereof given in writing, and if no such actions have been filed, the security may
be released in full.
FIFTH: Should the Subdivider default in his obligation to construct such
improvements, he further agrees to reimburse the City for the full and actual cost of such
improvements and the payment of all bills for labor and material, should it exceed the
amount of the security. Should litigation be reasonably necessary to collect such sum,
3
the Subdivider agrees to pay reasonable attorney's fees and court costs thereof. Should
there be an excess of funds from the security after such construction is accomplished,
the same shall be returned to the Subdivider.
SIXTH: It is further agreed by and between the parties hereto, that in the event
it is deemed necessary to extend the time of completion of the work contemplated to be
done under this Agreement, said extension shall be requested in writing and may be
granted by the City, which shall in no way affect the validity of this Agreement.
IN WITNESS WHEREOF, the parties hereto have affixed their names on the date
above first written.
SUBDIVIDER CITY OF BALDWIN PARK
�oc G i 7 Hc1 I C; (-L � By
Name of Business Mayor
By
'10HI'v 0%1 Ar�7
Title Piz , 5107
4
TO: Honorable Mayor and Members of the City Council
FROM: Jack Wong, Director of C %l it Development
DATE: December 1, 2004
SUBJECT: Adopt • second reading, Ordinance 1252, approving an amendment to
Chapter 153.227 and 153.339 • the City's Zoning Code to allow an off-stree',
parking facility within 300'of the primary parcel/use within the 1, Industrial
Zone if a conditional use permit is approved, pursuant to Section 153.630 of
the City's Zoning Code (A•• licant: Sanders Candy Factory; Case No.: AZC-
150).
ra": uaciL�
The purpose of the staff report is to request the City Council to adopt on second reading, Ordinance
1252, approving an amendment to the City's Zoning Code to allow an off-street parking facility
within 300' of the primary parcel/use within the Industrial Zone, pursuant to Section 153.630 of the
City's Zoning Code.
At the City Council meeting on November 17, 2004, Ordinance 1252 was introduced for first
reading, read by title only and further reading was waived thereof. It is now appropriate to adopt
the ordinance on second reading. Once adopted, the subject ordinance will take effect 30 days
from the date of adoption.
i 0
4N Iflus] - [xi abu&j
* Ordinance 1252
Report Prepared by: Salvador Lopez Jr., Assistant Planner
■: 11 _ `,
• �
ORDINANCE NO. 1252
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN
PARK APPROVING AN AMENDMENT TO SECTION 153.227 AND
153.339 OF THE CITY'S ZONING CODE TO ALLOW AN OFF-STREET
PARKING FACILITY WITHIN 300' OF THE PRIMARY PARCEL/USE
WITHIN THE 1, INDUSTRIAL ZONE IF A CONDITIONAL USE PERMIT IS
APPROVED, PURSUANT TO SECTION 153.630 OF THE CITY'S
ZONING CODE (APPLICANT: SANDERS CANDY FACTORY; CASE
NO. AZC-150).
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. That the City Council of the City of Baldwin Park does hereby
find, determines and declares as follows:
WHEREAS, Sanders Candy Factory (hereinafter "Applicant") heretofore filed
an application ("Application") requesting approval of an amendment to the Municipal
Code Sections 153.227 and 153.339 allowing an off-street parking facility within
300' of the primary parcel/use within the Industrial Zone with an approval of a
conditional use permit; and
WHEREAS, on November 17, 2004, the City Council conducted a duly
noticed public hearing upon said application; and
WHEREAS, many profitable and expanding businesses in the City have
found it difficult to provide additional space for expansion and are desirous in
effectively dealing with an expansion at the same time keeping the business in
Baldwin Park; and
WHEREAS, allowing these parking lots will help in addressing some of the
blighted lots existing throughout the Industrial Zones; and
WHEREAS, the proposed changes provide for the protection of health,
safety, and welfare of the residents of Baldwin Park; and
WHEREAS, the permit requirements and restrictions imposed by these
regulations are reasonably necessary to protect the health, safety, and welfare of
the citizens of the City; and
WHEREAS, the Planning Commission upon giving the required notice did
conduct a duly noticed public hearing on October 27, 2004 as prescribed by law, at
which time the Planning Commission adopted Resolution No. PC 04-22
recommending that the City Council approve the Negative Declaration of
Environmental Impact and the amendment to the City Municipal Code (AZC-150);
and
WHEREAS, the City Council conducted a duly noticed hearing upon said
matter, and based upon the evidence presented, it was determined that the public
Ordinance 1252 - Page 2
interest, necessity, convenience and general welfare require the approval of the
amendments to the Municipal Code.
SECTION 2. That the proposed Zoning Code Amendment will add
Subsection 11 to Section 153.227 (Conditional Uses) of Part 9, Industrial Zone of the
Commercial and Industrial Zone Requirements and will add Subsection (C) to
Section 153.339 Location of Off-Street Parking Facilities of the Off-Street Parking
and Loading Requirements to read as follows:
(11) Off-Street Parking Facility within 300' of the primary parcel/use
(C) An Off-Street Parking Facility within 300' of the primary parcel/use is
allowed in the 1, Industrial Zone provided that a conditional use permit is
approved.
SECTION 3. The City Council at the time of the public hearing on the above
matter reviewed and considered the proposed Negative Declaration of
Environmental Impact. The City Council, based upon its public review, does hereby
find that said Negative Declaration has been prepared and was considered pursuant
to the provisions and guidelines of the California Environmental Quality Act and
hereby adopts the Negative Declaration since there is no substantial evidence that
the project will have a significant impact on the environment.
SECTION 4. That this ordinance shall go into affect and be in full force and
operation from and after thirty (30) days after its final reading and adoption.
I JTA fAJ
11 J
Ordinance 1252 - Page
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 was regularly introduced and placed upon
its first reading at a regular meeting of the City Council on November 17, 2004. That
there after said Ordinance No. 1252 was duly approved and adopted at a regular meeting
of the City Council on December 1, 2004 by the following vote:
AYES: COUNCILMEMBER:
FAI 6- •
ROSEMARY M. RAMIREZ,
CHIEF DEPUTY CITY CLERK
70 :11'bll
oil
=1111WIl
� �1'll�j 11
DEC 12004
ITEM NO.
SUBJECT: Approval of Contract Between the City of Baldwin Park and Barr
& Clark Environmental for Lead-Based Paint Testing, Risk
Assessment and Lead Clearance
The purpose of this staff report is to request the City Council to consider the approval
of a contract between the City of Baldwin Park and Barr & Clark Environmental for
Lead-Based Paint Testing, Risk Assessment and Lead Clearance.
On September 15, 2000, federal regulations were enacted to help reduce the hazard
of lead-based paint in the environment. These regulations impact programs offered
by the City of Baldwin Park such as the Residential Rehabilitation Programs and the
First Time Homebuyer Program that are funded through HOME Investment
Partnership (HOME) and Community Development Block Grant (CDBG) Funds.
The City must conduct lead testing and risk assessments for properties that are
participating in the City's Rehabilitation Programs. If lead is detected, it must be
addressed and clearance testing must then be conducted.
The City is also required to conduct a clearance test of properties participating in the
City's First-Time Homebuyer Program where peeling paint has been identified.
On March 27, 2002, the City Council approved a contract for a maximum of three-
years with HomeSafe, Inc to conduct the lead-based paint testing, risk assessment
and lead clearance. This three-year contract expired on June 30, 2004.
The City issued a Request for Proposals (RFP) to qualified firms to conduct lead
testing, risk assessment and clearance testing in accordance with federal regulations.
Lead Based Paint Contract
December 1, 2004
Page 2 of 2
The RFP did not include the abatement of lead. Homeowner's whose properties
require the abatement of lead are provided with a grant through the City's Lead
Abatement Grant Program funded with CDBG funds.
A public notice was published in the San Gabriel Valley Tribune seeking RFP's. The
Table below summarizes the eight proposals received, including references,
verification of contractor's licenses and HUD debarment list and fees.
M
Risk
Number
Barr & Clark
Amount not to
Unrestricted
Amount not to
Unrestricted
$565
Environmental
exceed - $370
exceed - $195
HomeSafe
$450
6
$120
4
$570
Allstate
$475
0
$275
0
$750
GLE
$890
13
$390
3
$1,280
CTL Environmental
$900
7
$480
0
$1,380
Services
Komex
$1,250
3
$500
3
$1,750
PSI
$1,600
9
$525
8__$2,125
Golder Assoc
$3,000
0
$2,000
0
$5,.000
Barr & Clark Environmental is the lowest bidder and also submitted an amendment to
the proposal providing a "not to exceed" amount for cases in which additional samples
are required.
The lead testing program is funded with CDBG funds. The approved budget for FY
04/05 is $20,000. The term for the proposed contract will be a three-year period
commencing on December 1, 2004 expiring on December 1, 2007. The budget for
the remaining two years will be based on the CDBG Annual Action Plan budgets
approved by City Council.
It is recommended that the City Council approve the contract between the City of
Baldwin Park and Barr & Clark Environmental for Lead-Based Paint Testing, Risk
Assessment and Lead Clearance.
Attachments
Attachment 1 — Proposed Contract
Staff Report prepared by Suzie Ruelas, Housing Programs Coordinator
r�
Lead Testing, Assessment an
Clearance Proposed Contract I
ATTACHMENT 1
CONSULTANT SERVICES AGREEMENT WITH
BARR & CLARK, INC.
This Consultant Services Agreement ("Agreement") is made and entered
into December 1, 2004 by and between the City of Baldwin Park ("City") and Barr
& Clark, Inc. ("Contractor") for lead testing and risk assessment services.
93-20TESIZI M -.91*411IF-11
This Agreement is made and entered into with respect to the following facts:
a. The City is desirous of obtaining the services of a qualified
consultant to provide lead testing, risk assessment and clearance
testing services in compliance with federal Housing and Urban
Development ("HUD") and Environmental Protection Agency
("EPA") regulations. In connection therewith, the City has issued a
Request for Proposals ("RFP") which is attached hereto as
Attachment A and incorporated herein by this reference.
b. Contractor has submitted a proposal in response to the RFP, which
is attached hereto as Attachment B and incorporated herein by this
reference. Contractor has been selected by the City as the most
qualified to provide such services and Contractor has agreed to
perform such services, subject to the terms and conditions set forth
in this Agreement.
NOW, THEREFORE, in consideration of performance by the parties of the
covenants and conditions herein contained, the parties do hereby agree as
follows:
Contractor shall provide professional services required to complete proper
lead testing, risk assessment and clearance testing for federally-funded projects,
as such projects are presented to Contractor by City. The services required by
this Agreement are set forth more fully in the RFP and are to • in compliance
with HUD Regulation 24 CFR Part 35.930.
This Agreement shall commence • December 1, 2004 and shall expire
on November 30, i1 sooner terminated as hereinafter provided. This
Agreement may be extended for an additional two years upon mutual written
agreement • the parties. In no event shall this Agreement extend beyond the
expiration date without the prior written agreement of the parties.
SECTION IV — PERFORMANCE
a. Contractor shall, at all times, faithfully, competently and, and to the
best of his/her ability experience and talent, perform all tasks
described in Attachment "A."
b. Contractor shall be knowledgeable of and subject to all City rules
and regulations, standard operating procedures and the
supervisory chain of command.
Contractor hereby agrees that all work products produced and provided by
Contractor during and upon completion of this Agreement shall be the sole
property of the City and ownership of said work product shall be retained by the
City.
Contractor shall render no extra services beyond the scope of services
described under this Agreement unless such extra services first shall have been
duly authorized in writing by the Chief Executive Officer ("CEO"). Additional
services shall be subject to terms agreed to in writing by the City and Contractor.
a. City agrees to pay Contractor fees for performing each combined
inspection/assessment and fees for performing each clearance test
on a per job cost in the amounts set forth in the Proposal.
Notwithstanding the foregoing, Contractor understands and agrees
that the total reimbursement under this Agreement in any one year
will not exceed the approved allocation of Community Development
Block Grants approved for such year. Fees for any subsequent
services agreed to by the City and Contractor shall be mutually
agreed to in writing by the parties.
b. Contractor shall not be entitled to any additional benefits such as
health insurance, uniform allowance, retirement benefits, sick leave
or vacation.
•
City shall have the right to terminate this Agreement, with or without
cause, for any reason, with thirty (30) days written notice. Termination shall
become effective thirty (30) days after delivery of written notice by city to
Contractor. In the event City does not exercise the right to terminate as set forth
herein, the Agreement shall automatically terminate on the expiration date,
unless extended by mutual agreement.
2
SECTION X — NON-LIABILITY OF OFFICIALS, AGENTS AND EMPLOYEES
OF THE CITY
No official, employee or agent of the City shall be personally liable to
Contractor in the event of any default or breach by the City, or for any amount
that may become due to Contractor.
Contractor is and shall, at all times, remain as to the City a wholly
independent contractor. Neither the City nor any of its officers, employees or
agents shall have control over the conduct of Contractor except as expressly set
forth in this Agreement. Contractor shall not at any time or in any fashion
represent that Contractor is in any manner an officer, employee or agent, of the
City. No employee benefits shall be available to Contractor in connection with
performance of this Agreement. Except as provided in this agreement, City shall
not pay salary, wages or other compensation to Contractor for performance
hereunder for City. City shall not be liable for compensation to Contractor for
injury or sickness arising out of performance services hereunder. Also, City does
not provide Workers' Compensation to Contractor.
AM"
Contractor shall at all times observe and comply with all applicable laws,
ordinances, codes and regulations of the federal, state and local governments
including, but not limited to, the Baldwin Park Municipal Code. The City, and its
appointed or elected officers, employees or agents shall not be liable at law or in
equity occasioned by failure to Contractor to comply with this section.
SECTION XIII — INDEMNIFICATION; INSURANCE
Contractor agrees to and shall defend, indemnify, and hold harmless, the
City, its elected and appointed boards, officers, officials, employees, agents and
volunteers from and against any and all claims, demands, lawsuits, defense
costs, civil penalties, expenses, causes of action and judgments at law or in
equity or liability of any kind or nature which the City, its elected and appointed
boards, officers, officials, employees, agents and volunteers may sustain or incur
or which may be imposed on them for injury or deaths of persons or damage to
property arising out of Contractor's negligent or wrongful act, or omission under
this Agreement. This section does not apply to liability arising out of the sole
negligence of the City.
Prior to the beginning of and throughout the duration of this Agreement,
Contractor shall maintain insurance in the amounts and of the type set forth
below. Contractor may use existing coverage to comply with these requirements,
provided that if existing coverage does not meet the requirements set forth
herein, Contractor agrees to amend, supplement or endorse the existing
coverage to do so. Contractor acknowledges that the insurance coverage and
policy limits set forth in this section constitute the minimum amount of coverage
3
required. Any insurance proceeds available to City in excess of the limits and
coverage required in this Agreement and which is applicable to a given loss, will
be available to City.
1. Commercial General Liability Insurance in an amount not less than
$2,000,000. There shall be no cross-liability for claims or suits by one
insured against another.
2. Business Auto Coverage in an amount not less than $1,000,000 per
accident. If Consultant or Consultant's employees will use personal autos
in any way on work under this Agreement, Consultant shall provide
evidence of personal auto liability coverage for each such person.
3. Workers' Compensation on a state-approved form providing statutory
benefits as required by law.
4. Professional Liability or Errors and Omissions Insurance as appropriate shall
be written on a policy form coverage specifically designed to protect acts, errors
or omissions of Contractor and "Covered Professional Services" as designated in
the policy must specifically include all services performed under this Agreement.
The policy limit shall be no less than $ 1,000,000 per claim and in the aggregate.
The policy must "pay on behalf of" the insured and must include a provision
establishing the insurer's duty to defend. The policy retroactive date shall be on
or before the effective date of this Agreement.
This Agreement contains the entire understanding between City and
Contractor. Any prior agreements, promises, negotiations, or representation not
expressly set forth herein are of no force or effect. Subsequent modifications to
this Agreement shall be effective only if in writing and signed by each party. If
any term, condition or covenant of this Agreement is held by a Court of
competent jurisdiction to be invalid, void or unenforceable, the remaining
provisions of this Agreement shall be valid and binding.
Waiver by any party hereto of any term, condition, or covenant of this
Agreement shall not constitute the waiver of any other term, condition or
covenant hereof.
This Agreement shall be binding upon and shall inure to the benefit of the
successors of each of the parties hereto.
E
SECTION XVII — GOVERNING LAW
This Agreement shall be interpreted and construed according to the laws
of the State of California and venue shall be in the County of Los Angeles, State
of California.
zq�• Mlili 5 '111 i
If litigation is reasonably required to enforce or interpret the provisions of
this Agreement, the prevailing party in such litigation shall be entitled to an award
of reasonable attorney's fees in addition to any other relief to which it may be
entitle.
All notices shall be personally delivered or mailed to the addresses listed below:
CONTRACTOR Barr& Clark, Inc.
22850 Crenshaw Blvd. Suite 200
Torrance, CA 90505
CITY City of Baldwin Park
14403 East Pacific Avenue
Baldwin Park, CA. 91706
6*1210 1 Is] LIq DIAMMAM
Neither party may assign any right or obligation under this Agreement
without the express written approval of the other party.
IN WITNESSETH WHEREOF, the parties hereto have caused this
Agreement to be executed the day and year first written above.
City of Baldwin Park
Sid Mousavi
UMA�U.�
5
Barr & Clark, Inc.
Matt Crochet, President & CEO
0 -. - 0 1 JILIN
REQUEST FOR PROPOSALS
TESTING
,•il •
The City of Baldwin Park is seeking proposals for a qualified Risk
Assessor/Inspector to perform paint testing and risk assessments for the City's
Community Development Block Grant-funded Residential Rehabilitation Program
and other related CDBG and City of Baldwin Park programs/projects. The term
of the contract is anticipated to be in effect from October 20, 2004 through June
30, 2007.
The requested services will be conducted in accordance with federal regulations
24 CFR Part 35, HUD Guidelines for Lead-Based Paint Inspections (Chapter 7
[revised]) and California regulations (Title 17, CCR, Division 1, Chapter 8) or as
amended.during the term of the contract.
The successful applicant must have the following qualifications:
Demonstrated ability and staffing resources to undertake the lead -based
testing activities and prepare reports as described in the attached General
Scope of Services;
Comprehensive experience in conducting lead-based paint testing
activities under the federal regulations governing the program's funding
source;
Appropriate State licenses and continuing education required to provide
said services; and
Ability to promote an effective working relationship with program
applicants, contractors and City staff.
rRar.ma-i-YA"
IN,! V I P1191i • 34 r" � I I I 11,11
- MUM
City of Baldwin Park
Jaime Sanchez
Baldwin Park Housing Department
4141 N. Maine Ave.
Baldwin Park, CA 91706
1
Requirement to meeting all Proposal Revisions — Each applicant shall meet
all of the specifications and Proposal terms and conditions. By virtue of the
Proposal submission, the applicant acknowledges agreement with, and
acceptance of, all provisions of the specifications except as expressly qualified in
the proposal. Non-substantial deviations may be considered provided that the
applicant submits a full description and explanation of and justification for the
proposed deviations. The City in its sole discretion will determine whether any
proposed deviations are non-substantial.
Communications regarding Proposal — If a prospective applicant is in doubt as
to the true meaning and/or intent of any part of the documents or discovers
discrepancies and/or omissions, the applicant may submit to the City a request
for interpretation or correction thereof. Interpretations or corrections of the
documents shall be made only by addendum duly issued by the Baldwin Park
Housing Department. A copy of such addendum will be mailed or delivered to
each potential applicant receiving a Proposal. Such addendum will be considered
a part of and incorporated into the proposal documents.
Proposal Submission — Each Proposal must be submitted in the format
required in this Proposal. The Proposal shall be enclosed in an envelope that
shall be sealed and addressed to:
City • Baldwin Park
Jaime Sanchez
Baldwin Park Housing Departme
4141 N. Maine Avenue
Baldwin Park, CA 91706
The Proposal shall be clearly labeled with the Proposal name, name of applicant,
and submission date and time.
Submission of one Proposal only — No individual or business entity of any kind
shall be allowed to make of file more than one Proposal, except an alternative
Proposal when specifically requested. However, an individual or business entity
which has submitted a sub-proposal to an applicant that is submitting a Proposal
or who has quoted prices on materials to such applicant is not disqualified from
submitting a sub-proposal or to quoting prices to other applicants submitting
Proposals.
Proposal Withdrawal — An applicant may withdraw its Proposal without
prejudice prior to the time specified for the Proposal opening by submitting a
written request to the City. The Proposal will be returned to the applicant. No
Proposal received after the time specified or at any place other than the place
stated in the Proposal will be considered. Late submissions and postmarks will
not be accepted.
2
Proposal Retention and Award — The City retains the right to retain all
proposals for a period for 45-days after the Proposal opening date for
examination and comparison. The City also reserves the right to determine and
waive non-substantial irregularities in any proposal, to reject any and all
proposals, to reject one part of a proposal and accept the other, except to the
extent that the proposals are qualified by specific limitations and to make award
to any responsible applicant or applicants as the interest of the City may require.
Contract Requirement — The applicant to whom award is made shall execute a
written contract with the City within ten (10) calendar days after notice of award
has been sent by mail to the address given in the proposal or within ten (10)
calendar days after receipt by applicant of oral communication of the intent to
award, whichever comes first. The contract shall be made in the form of the
warrants that s/he possesses or has arranged to possess through subcontracts,
all capital and other equipment, labor and materials to carry out and complete the
work hereunder in compliance with all Federal, State, County and local laws and
ordinances that are applicable.
Failure to Accept Contract — If on notification of intent to award the contract by
the City, the applicant fails to enter into the Contract within the specified period of
time, the pending award will be annulled. An award may be made to the next
responsible applicant that will fulfill every term and condition of the Proposals.
Term of Contract — The term of contract is anticipated to be from October 20,
2004 through October 20, 2007.
Non-exclusive Contract — The City reserves the right to purchase items listed in
the Proposal, as well as any supplemental items, from other vendors during the
Contract term. This is especially true if a chosen firm does not supply clearance
testers for the City.
Insurance — The Contractor shall provide general liability insurance in the
minimum amount of $2,000,000. In addition, the City, its officers, agents and
employees shall be included as additional insured in all liability insurance policies
and endorsements thereto, except for Workers' Compensation and Professional
Errors and Omissions. Such insurance shall be primary with respect to any
insurance maintained by City and shall not call on City's insurance for
contributions. The Contractor's insurance shall not be canceled nor reduced in
coverage or limits until after thirty (30) days written notice shall have been sent
by certified mail (return receipt) to the City of Baldwin Park, 4141 N. Maine
Avenue, Baldwin park, CA 91706.
91
Workers Compensation — The Contractor shall procure and maintain,
during the life of the contract, workers' compensation insurance or a valid
certificate of consent to self-insure for all its employees. In case any of the work
is subcontracted, the Contractor shall require all subcontractors to similarly
provide workers' compensation insurance for all the latter's employees unless
such employees are covered by protection afforded by workers' compensation
insurance carried by the Contractor.
Failure to Procure or Maintain Insurance — Contractor's failure to procure
or maintain required insurance shall constitute a material breach of contract
under which the City may immediately terminate the contract.
Professional Liability (Errors and Omissions) — Must be in the amount not
less than $1,000,000 and shall be in continuous force from the date of contract
award until one year after final acceptance of the last project.
Delivery of Records in Case of Termination — If the contract is terminated
pursuant to any provision set forth in the contract, the Contractor shall deliver
and transfer to the City all materials including all applicant files, written reports,
documents or notices, studies, photographs, correspondence, data and
materials, regardless of type. Said delivery shall occur within ten (10) calendar
days after receipt by either party of said Notice of Termination or as mutually
agreed by the parties.
GENERAL SCOPE OF WORK
The City recognizes the danger posed by lead-based paint hazards and that
such hazards can be reduced by identifying the existence of lead-based paint
and in providing assistance for safe work practices, interim controls and, where
necessary, limited or total abatement.
Proposed lead testing and risk assessment activities will be conducted in
accordance with federal and State regulations, as stated above, or any
amendments thereto.
Lead testing, risk assessment and clearance testing activities will only be
conducted by an independent lead testing contractor and only personnel who are
experienced and who hold required State licenses may conduct activities.
The applicant shall not be affiliated with any painting, remodeling or abatement
firm or any firm that poses a conflict of interest or the potential for conflict of
interest.
Lead testing will be conducted using an approved spectrum analyzer X-ray
Fluorescence Analyzer, or comparable federally approved testing or sampling
technique that meets or exceeds federal requirements (HUD/EPA). Selected
applicant shall be required to provide proof that testing was conducted by a State
of California certified inspector using an approved instrument and that calibration
tests were conducted in conformance with requirements and with the Product
Characterization Sheet from the manufacturer.
The City shall provide a written list of projects to be inspected and identify
whether testing shall be limited or full and whether it covers exterior and/or
interior surfaces.
The contractor shall conduct inspections within five (5) business days of
receiving a written request from the City.
Each inspection report provided by the Contractor shall include:
1. Sampling plan that outlines the testing to be done:
2. Tests are required by regulations on each room equivalent and testing
component, with room equivalents and testing components to be
determined by the inspector:
3. Proof that testing was conducted according to the sampling plan and
written report explaining the results of said investigation.
If the inspection results equal or exceed the action level of 0.7 milligrams per
centimeter squared (or subsequent action level adopted by State or federal
regulations), the Contractor shall provide written notification to the City within 24-
hours of the test results and address of the project tested.
If the inspection results equal or exceed the action level of 0.7 milligrams per
centimeter squared, the contractor will include a statement in a written report
regarding worker safety protocols as prescribed by the California Occupational
Safety and Health Agency (Cal-Osha).
For any project where a lead hazard has been identified, the Contractor's report
will provide recommendations regarding interim controls, safe work practices,
abatement and post remediation clearance testing.
Contractor will provide two (2) copies of the written combined testing and risk
assessment within five (5) business days after tests are conducted and test
results are received. The City will distribute one copy to the owner- occupant of
the property.
5
In accordance with federal regulations, the persons conducting the initial testing
and risk assessment may not provide clearance testing of the same property.
However, a firm with more than one certified assessor/inspector may provide
clearance testing in conjunction with this contract.
Clearance testing will be conducted in accordance with federal and State
regulations. At a minimum, contractor must wait one (1) hour before beginning
clean-up and the clearance inspection may not take place until one (1) hour after
clean-up has been completed. Clearance testing will consist of the required dust
samples in the interior and exterior as required under the regulations. Except for
soil samples, dust samples shall not be composite samples.
The Contractor shall take action to ensure that the program is fully operational as
detailed in the Specifications within ten (10) days after execution of contract and
Notice to Proceed.
The Contractor shall allocate sufficient staff and resources to accomplish the
estimated 25 annual projects (or estimated 75 projects over the life of the
contract).
Billing shall be made one time per month at the completion of the work. Billing
shall include back-up documentation to support billing. Payment shall be made in
accordance with the City's Warrant Register schedule.
I a 11 it : i i, W.0 1 1 A
Submitted proposals shall be organized in the following manner and ' contain all of
the following requirements. Where a section is not applicable, there should be a
written statement regarding why the section is not included. Incomplete
proposals will not be considered. Proposals must be submitted by October 7,
2004. Late submittals and postmarks will not be considered.
1. Cover page including the name of the firm, the address, telephone, fax
and email information, and name and number of a contact person
2. Statement of Qualifications
3. Statement of Applicant's Training/Certificates
on
4. Copies of valid State Lead Risk Assessor/Inspector Certifications for
personnel to be assigned to the project
5. A minimum of three references, at least one of which must be from a unit
of local government. References need to include name of
firm/government, contact person and telephone number, address, type of
work performed.
6. Proof of Insurance coverage requirements
7. Statement of Understanding of the Scope of Work, including combined
Risk Assessment/inspection and Clearance Testing
8. Description of Standard Operating Procedures, including a sample report,
type of XRF and name and address of NLLAP-approved laboratory used
by the company
9. A statement regarding pending or completed litigation or settlements
regarding services provided by the company, including professional
liability for errors and omissions.
10. Any exceptions to the Project specifications
11. Fees for performing each combined inspection/assessment and fees for
performing each clearance test. Fees should be based on a per job cost
12. Schedule of standard hourly rates
13. Federal certifications
Submitted proposals will be evaluated on the basis of the following criteria:
1. Demonstrated understanding of the Scope of Services and specifications
2. Demonstrated professional/technical skills and credentials of all staffs to
be assigned to the project
3. Applicant's related experiences and references and the number of staff
persons assigned to the project
4. General Quality of completeness of the proposal submitted
5. Cost to the City for services contracted
7
The City reserves the right to invite any and all applicants to attend an oral
interview and/or to request additional clarifying information from any or all
applicants.
The recommendation of the Review Committee will be submitted to the City
Council for award of the contract for the project: award of contract will be based
on a combination of criteria stated above.
N.
A M�'
Proposal for Lead Testing, Risk
Assessment and Clearance Inspectioni
J
BARR & CLARK
Independent Environmental Testing
ASBESTOS - LEAD • PHASE I
Proposal For Lead-Rased Paint Consulting Servicel
""=jM
October 6, 2004
City of Baldwin Park
Jaime Sanchez
Baldwin Park Housing Department
4141 N. Maine Avenue
Baldwin Park, CA 91760
Dear Mr. Sanchez:
As the impact of the recent changes to the HUD requirements are becoming apparent to municipalities
and community based organizations all across the country, we have carefully studied the relevant
sections of 24 CFR 35.930 (d) (Title X), California's DHS Title 17, CCR, Division 1, Chapter 8, and
the relevant chapters of the current version of the HUD Guidelines to better serve our clients. It is
important to be in compliance with the regulations and to reduce complications to an already burdened
project. Our knowledge and experience can help to minimize the impact of lead related considerations
affecting your programs. Barr & Clark is pleased to bid on the ongoing Lead-Based Paint (LBP)
consulting work for the City of Baldwin Park. The following has been provided per your submission
requirements:
Consultant Information
Barr & Clark, Incorporated
22850 Crenshaw Blvd., Suite 200
Torrance, CA 90505
Phone: (310) 517-0805
Fax: (310) 517-0822
Cell: (310) 760-2112
Contact Person: Matt Crochet
Email: matt( i
— bctesting.com
22851 Crenshaw Blvd., * Suite 200 * Torrance, California 9054
(310) 517-0805 * Fax: (310) 517-0822 1
_D &
Lead Based Paint Consulting Services -October 6, 2004 ***REVISEDH/] 7104*** IC
Proposal for Services — City of Baldwin Park
20 Statement of Qualifications
Barr & Clark Environmental was founded in 1992 on one basic premise: provide 1st quality
environmental consulting services at afair and reasonable price. Today's property owners and
managers are impacted with an ever-increasing number of environmental regulatory requirements in the
day-to-day management of their assets. Barr & Clark offers affordable and practical alternatives to
comply with these regulations and requirements.
Barr & Clark is recognized by its peers as a leader in performing Lead-Based Paint Inspections,
Asbestos Containing Materials Surveys, and Phase I Reports. If your proj ect requires an abatement
specification, project design, monitoring, clearance testing, or overall project management, our
qualified staff is prepared to meet any of your environmental needs. Clients from over 25,000 projects
have included airport facilities, military bases, financial institutions, health departments, housing
authorities, correctional facilities, manufacturing plants, renovation/abatement contractors, large
apartment complexes, property management companies, and private homeowners. Barr & Clark offers
its clients comprehensive and integrated environmental consulting services.
Barr & Clark specializes in providing these services in an integrated manner when construction or other
events are in progress. It is recognized that the environmental project is often just one of many
priorities for the building owner. Whether the other priorities are construction, a loan, or government-
assisted funding, the environmental project will always be catered to meet the needs of the client.
Barr & Clark's consulting services are designed to facilitate decision-making. Our client's time factors,
budget constraints, and overall plan for the property will be considered. Barr & Clark is proud of its
"on time and no surprises" completion of projects. Strict quality control procedures and responsive
customer service have earned the devotion of a broad base of clients. When the need for environmental
testing or consulting arises, property owners know that Barr & Clark will provide them with a I"
quality, integrated, and cost effective strategy.
BARR & CLARK e 22850 Crenshaw Blvd., ® Suite 200 ® Torrance, California 90505 e (310) 517-0805 e Fax: (110) 51-7 -E 822
Lead Based Paint Consulting Services -October 6, 2004 ** *REVISED 11/17/04 * **
Proposal for Services — City of Baldwin Park
Robert Clark - President
Twelve years experience in environmental assessments and eight years experience in lead -based
paint and asbestos related fields. He is an instructor in California and Arizona for the
certification of inspectors, contractors and workers. He has participated in a wide range of
projects from single family residences and apartments to commercial and industrial structures.
His primary efforts are now in the areas of project analysis and abatement design. Certifications
include:
State of California Certified Lead Inspector /Risk Assessor (I 8) — 8' h in California!
State of California Certified Lead Project Designer (D 8) — 8th in California!
California Registered Environmental Assessor ( #06167)
Matthew Crochet - Vice President & Project Director, Lead Operations
Eleven years experience in lead -based paint field inspections, project designs, project
monitoring, operations and maintenance plans, and clearance testing. Range of properties dealt
with include single family residences, multi - family dwellings (apartments), commercial,
industrial, and government owned facilities (military bases, post offices, prisons). Mr. Crochet
is a member of the National Lead Abatement Council and the California Association of
Certified Lead Professionals (Board Member). Certifications include:
State of California Certified Lead Inspector /Risk Assessor (I 12) —12th in California!
State of California Certified Lead Abatement Project Monitor (M 12) —12th in California!
Alex Romani - Project Director, Lead Operations
Six years experience in lead and asbestos- related consulting, field inspections, and project
designs for single family residences, apartment complexes, commercial structures, industrial
sites, and school facilities. Certifications include:
State of California Certified Lead Inspector /Risk Assessor (I 10575)
DOSII Certified Asbestos Site Surveillance Technician (SST# 03 -3447)
Chris hale — Lead -Based Paint Inspector /Risk Assessor
Four years experience in lead- related consulting, field inspections, and project monitoring for
single family residences, apartment complexes, commercial structures, industrial sites, and
school facilities. Certification includes:
State of California Certified Lead Inspector /Risk Assessor (I 12099)
BARR & CLARK e 22850 Crenshaw Blvd., e Suite 200 ® Torrance, California 90505 ® (310) 517 -0805 " Fax: (3,11 (3,11 ��'�'k �� 2
Lead Based Paint Consulting Services -October b, 2004 ** *REVISED 11/17104***
Proposal for Services — City of Baldwin Park
4. Copies of Valid California Lead Inspector/Risk Assessor Certifications
Robe r1t C -1 a r1f,
Lw
�LJ
State o" il',-eUkforll a "of He, Ith Senmces
W2012005
1675
M
State of California Departmew of Health Serwlices
OVI'312005
0' iect Monitor 06i'll 312005,
State of California Department Of Heaftorl Serv.cs,
inspec,torl'A ssessc�r 04108P2005
C4,,ris.,J, Ha-le
1 0112 NMI �I
I Rtlkl,�'L
1 120991
BARR & CLARK • 22850 Crenshaw Blvd., e Siite 200 ® Torrance, California 90505 ® (310) 517-0305 e Fax: (3
aw,
Lead Based Paint Consulting Services - October 6,2004 'REVISED 11117104*** D&
Proposal for Services — City of Baldwin Park Ic
Bill Pro (323) 890-7240
County of Los Angeles — Community Development Commission
2 Coral Circle
Monterey Park, CA 91755
Contract amount: $ 98,000.00
Year: 1999 to Present
Description: Lead-Based Paint Inspections, Risk Assessments, Project Designs, Abatement
Specifications, and Clearance Testing
Sergio Tejadillo (213) 808-8935
City of Los Angeles — Housing Department
111 N. Hope Street, 7th Floor
Los Angeles, CA 90012
Contract amount: $ 53,500.00 + $ 144,000 for Handyworker Program
Year: 1994 to Present
Description: Lead-Based Paint Inspections, Risk Assessments, Project Designs, Abatement
Specifications, Project Monitoring, and Clearance Testing
Tim Esparza (626) 580-2075
City of El Monte — Community Development Housing Division
11333 Valley Boulevard
El Monte, CA 91731
Contract amount: $ 45,000.00
Year: 2000 to Present
Description: Lead-Based Paint Inspections, Risk Assessments, Project Designs, Abatement
Specifications, Project Monitoring, and Clearance Testing
e.
Additional Re renceslReLerralb.
Paul Mesa (213) 922-9673
City of Los Angeles — Housing Department
1 1 1 N. Hope Street, 7`h Floor
Los Angeles, CA 90012
Gary Flora (310) 458-2232
City of Santa Monica — MERL Program
2121 Cloverfield Blvd., Suite 100
Santa Monica, CA 90404
Ben Phillips (714) 550-5083
Mercy Charities Housing (Non-Profit Organization)
500 S. Main. Street, Suite 100
Orange, CA 92868
BARR & CLARK v 22850 Crenshaw Blvd., a Suite 200 e Torrance, California 905:5 ® (310) 517-0805 � Fax: (31 �) 7-0822
Lead Based Paint Consulting Services -October 6, 2004 ***REVISED 11/17104***
Proposal for Services — City of Baldwin Park
Mark Lazzaretto (714) 562-3538
City of Buena Park
6650 Beach Boulevard
Buena Park, CA 90622-5009
Terri King (714) 960-8831
City of Huntington Beach
2000 Main Street
Huntington Beach, CA 92648
Janet Comey (323) 869-7061
L. A. County Department of Health Services
Childhood Lead Poisoning Prevention Program
5555 Ferguson Drive, Room 210-02
City of Commerce, CA 90022
Tony Cruz
(818) 786-3900
City of Los Angeles — Housing Department
Rehabilitation Construction Specialist/Construction Estimator
8121 Van Nuys Blvd. Suite 420
Van Nuys, CA 91402
Dianne Cotto (714) 744-7214
City of Orange — Economic Development Department
230 East Chapman
Orange, CA 92866-1506
Eric Berg (714) 754-5023
City of Costa Mesa — Housing and Community Development
P.O. Box 1200
77 Fair Drive
Costa Mesa, CA 92628-1200
Insurance Company:
Coverage:
Expiration Date
Hudson Insurance Company
Commercial General Liability
Professional Liability
Automobile Liability
$ 2, 000, 000.00 aggregate
$ 1, 000, 000.00 each occurrence
March 9, 2005
$1, 000, 000.00 Claims Made Basis
BARR & CLARK ® 22850 Crenshaw Blvd., e Suite 200 ® Torrance, California 90505 e (311 0) 517-0805 e Fa--: 517
a
Lead Based Paint Consulting Services -October 6, 2004 ** *REV1SED 11/17/04
Proposal for Services — City of Baldwin Park
i' l
All services provided by Barr & Clark will conform to the requirements as described in the RFP.
Combination Lead -Based Paint Inspection and Risk Assessment - The inspection will be in
compliance with 24 CFR 35.930 (d) (Title X), California DHS Title 17, CCR, Division 1, Chapter 8,
and the relevant chapters of the current version of the HUD Guidelines. Paint testing will be performed
using XRF methodology, which is non - destructive. All laboratory samples (dust and soil) will be
analyzed for lead content by Patriot Envirommental Laboratory Services which is accredited by the
American Industrial Hygiene Association (AIHA), National Voluntary Laboratory Accreditation
Program (NVLAP), NLLAP, and the California Department of Health Services (DHS).
LBP Clearance Testing - Conduct clearance inspection and issue abatement certification in
compliance with 24 CFR 35.930 (d) (Title X) and the relevant chapters of the current version of the
HUD Guidelines.
. Standard OyeratinLy Procedures (Sample Reports Located in Appendices 2 and 3)
Scheduling of the inspection will be immediately upon receipt of the request from the City of Baldwin
Park (a request form will be provided upon selection). Two written reports will be available in
approximately 5 working days (usually less!) from the completion of the field inspection.. Verbal XRF
results are available immediately upon completion of the field inspection (if necessary).
Barr & Clark utilizes state -of -the- art- practices, equipment, and techniques in accordance with all
regulatory standards while performing LBP inspections. The method employed is X -ray fluorescence
(XRF) using a Radiation Monitoring Device Lead Paint Analyzer (RMD LPA -1). It is a non-
destructive, non - evasive means of testing. Soil and dust samples collected are analyzed for lead content
by an approved laboratory which is accredited by the American Industrial Association (AIHA), the
National Institute for Standards and Technology (NVLAP), NLLAP, and the California Department of
Health Services (ELAP).
Our office utilizes "state -of -the —art" equipment in order to process all data, laboratory results, and
generate inspection reports. Our new computer system and customized software operate with the latest
Microsoft Operating System (XP Professional) and Office XP Professional Suite (which includes
Microsoft Word, Excel, Outlook, PowerPoint, and Access). Other special equipment utilized includes a
digital image copier, high speed /capacity fax machine, and an automated mailing system.
Combination Lead -Based Paint Inspection and Risk Assessment (including visual assessment and
cost effective treatments) - The inspection will be in compliance with 24 CFR 35.930 (d) (Title X),
California DHS Title 17, CCR, Division 1, Chapter 8, and the relevant chapters of the current version
of the HUD Guidelines. Paint testing will performed using XRF methodology. All laboratory samples
(dust and soil samples) will be analyzed for lead content by Patriot Environmental Laboratory
Services which is accredited by the American Industrial Association (AIHA), the National Institute for
BARR & CLARK e22850 Crenshaw Blvd., - Suite 200 ® Torrance, California 90505 ® (3-10') 517-0805
Lead Based Paint Consulting Services -October 6, 2004 ** *REVISED 11/17/04 * **
Proposal for Services — City of Baldwin Park
Standards and Technology (NVLAP), NLLAP, and the California Department of Health Services
(ELAP).
Type of XRF: Radiation Monitoring Devices, Inc. - RMD LPA -1 (currently own 3 XRF's).
LBP Clearance Testing - Conduct clearance inspection and issue abatement certification in
compliance with 24 CFR 35.930 (d) (Title X), California DHS Title 17, CCR, Division 1, Chapter 8,
and the relevant chapters of the current version of the HUD Guidelines.
9. Statement of Litigation /Settlement
Barr & Clark is proud to never have had any litigation or settlements regarding any of our services
provided.
l �
None.
All of the following items are not -to- exceed fee quotes. All pricing includes travel (no additional cost
for mileage) and laboratory samples. The date to start work is immediate. The following lists the
requested cost estimates per your proposal:
Combination Lead -Based Paint Inspection and Risk Assessment (including visual assessment)
The comprehensive inspection will be in compliance with 24 CFR 35.930 (d) (Title X), California
DHS Title 17, CCR, Division 1, Chapter 8, and the relevant chapters of the current version of the
HUD Guidelines. Paint testing to be performed. using XRF methodology. All laboratory samples will
be analyzed for lead content by Patriot Environmental Laboratory Services which is accredited by the
American Industrial Hygiene Association (AIHA), NLLAP, National Voluntary Laboratory
Accreditation Program (NVLAP) and the California Department of Health Services (DHS).
LBP Inspection - Single Family Residence $ 325.00 (includes 3 lab samples)
* * *LBP Inspection cost will trot exceed $370 if additional lab samples are taken***
0 "Limited" LBP Inspection Residence
Scheduling of the inspection will be immediately upon receipt of the request from the City of
Baldwin Park. The written report will be available in approximately 5 working days from the
completion of the field inspection. Verbal XRF results are available immediately upon completion
of the field inspection (if necessary).
BARR & CLARK e 22850 Crenshaw Blvd., a Suite 200 ®'Torrance, California 90505 e (310) 517 -0805 a Fax: (310) 517- 2
Lead Based Paint Consulting Services -October 6, 2004- ** *REVISED 11/17/04. * **
Proposal for Services — City of Baldwin Park
Lead -Based Paint Clearance Inspection
Conduct clearance inspection and issue abatement certification in compliance with 24 CFR 35.930 (d)
(Title X), California DHS Title 17, CCR, Division 1, Chapter 8, and the relevant chapters of the
current version of the HUD Guidelines.
• Per job site visit $ 150.00
• Laboratory samples for dust wipe or soil $ 15.00 each*
( *Typically 3 to 4 laboratory samples are taken.)
** *Total LBP Clearance Inspection will not exceed $115.00 '
Scheduling of the clearance inspection will be immediately upon receipt of the request from the City of
Baldwin Park. The written report will be available in approximately 3 working days from the
completion of the clearance inspection.
12. Hourly Rates (only if requested)
Hourly rates typically do not apply to lead inspections or clearance testing. The above pricing listed in
section 11 includes all services as described and do not require any hourly fees.
Schedule of Standard Hourly Rates Per the RFP:
• Certified Inspector /Risk Assessor $ 65/hour (4 hour minimum)
• XRF Cost $ 65.00 /site
Additionally, Barr & Clark can monitor an abatement project (if necessary and requested). The rates
for lead project monitoring are as follows:
• Certified Project Monitor $ 65/hour (4 hour minimum)
• Certified Project Monitor/Principal $ 85/hour (4 hour minimum)
Please keep in mind that on -site monitoring is not required and usually not necessary. A quality,
experienced lead abatement contractor should not need constant monitoring. Final clearance testing
will determine if proper abatement methods and cleanup procedures were followed.
California's DHS Lead -Based Paint Inspector/Risk Assessor, Project Designer, and Project Monitor
requirements for certification are much more stringent than the federal certification. Thus, Federal
certification is not applicable. However, our Lead -Based Paint Inspector /Risk Assessors, Project
Designers, and Project Monitors have complete a 40 -hour, EPA approved training course.
BARR & CLARK a 22850 Crensbaw Blvd., e Suite 200 a Torrance, California 90505 - (310) 517 -0805 o Fax: (3 "") 5t7 -0822
Lead Based Paint Consulting Services -October 6i2004 +*xREVISE�D//>17>D4***
Pr000xu//or Services —City of Baldwin Park c
Barr &Clark is proud of our past accomplishments and vvo are co:fidcn1that we can provide timely
and cost uffioievfservices 10 the City of Baldwin Park. If you have any questions oz need additional
information, please call me.
Sincerely,
Matt Crochet, t
Barr & Clark, Incorporated
2Z85O Crenshaw 8lvd, Suite 2OA
Torrance, C/\gO5O5
Phone: (3lC) 5l7-O8O5
Fax: (3lO)5l7-0O22
Cell: (3l0) 76O-2ll2
Email: matt��bctesting.com
8ADR &CLARK e 2285 Crccubaw Bbvd.,*Soilc20O=7orraoue, California 985O5e(31#)D7-8805° Fax: (3 10)517X822
71ki
BALDWIN
P A, R, K
TO:
FROM:
DATE:
SUBJECT:
PURPOSE
1111-ki1 l"? IfflWITITUP IM
DEC 12004
1TV NO.
STAFFREPOR
The purpose of this report is to request that the City Council approve the plans and
specifications and authorize staff to advertise and solicit bids for the construction of Maine
Avenue Improvements, CIP 632.
Presently Maine Avenue between Ramona Boulevard and Clark Street is a two -lane road
with a concrete median in the center. It causes traffic congestion and creates a serious
problem for emergency vehicles to pass through.
The Maine Avenue improvements include the removal of concrete median and widening of
the street on both sides to provide two lanes in each direction (four lanes total) to relieve
traffic congestion, create additional parking, the construction of a new traffic signal,
landscaping, streetlights and striping.
Advanced Applied Engineering, Inc. has completed the design and construction documents
for this project. Under this project, the City is soliciting bids for three options, as follows:
1. Demolition and construction during regular hours; or
2. Demolition during the night time and construction during regular hours; or
3. Demolition and construction during the night time.
After the bid opening, staff will analyze all three options and recommend to the City Council
that it award a contract to the most economical option which meets the City's needs.
This project is part of the Capital Improvement Projects for FY 2004-05 and the Engineer's
Estimate is $1,190,000. Plans and specifications are available at the Public Works counter
for review.
10 -01
Prop "C" and Gas Tax funds will be utilized for the construction of this project. There is no
impact on the General Fund.
RECOMMENDATION
It is recommended that the City Council approve the plans and specifications and authorize
staff to advertise and solicit bids for the construction phase of the project.
REPORT PREPARED BY
Arjan Idnani
Assistant Director of Public Works
Al/In
TO: Honorable Mayor and City Council Members
FROM: Sid Mousavi, Interim Chief Executive Officer 0". )
0
DATE: December 1, 2004
SUBJECT: Independent Cities Risk Management Authority (ICRMA) - Approval
of Amended Joint Exercise of Powers Agreement for Insurance and
Risk Management Purposes
The purpose of this report is to request the approval of City Council to adopt the new
ICRMA JPA Bylaws and revised ICRMA Joint Exercise of Powers Agreement (JEOPA).
MISIXe-Iffelilm
The City of Baldwin Park has been a member of the Independent Cities Risk
Management Authority (ICRMA), which is a Joint Powers Authority, since August 8,
1986. The ICRMA provides separate Risk Management Programs for liability, workers'
compensation, property and earthquake, health, and other coverages for the twenty-
nine (29) Member Cities.
The Joint Exercise of Powers Agreement for Insurance and Risk Management
Purposes ("JPA") was last amended in 1998. When ICRMA was formed as a pool,
bonds (known as Certificates of Participation (COP)) were issued to begin the program.
Over the years fees were collected from the various participating cities to pay down
their portion of the original debt created by the bonds. Eventually the pool had
collected enough money to pay off the remaining balance of $18 million. Therefore, the
bond was paid off and there was no need to reference them. The Certificates of
Participation ("COP") have been retired and, due to the creation of JPA Bylaws, other
changes are necessary to reflect the manner in which the ICRMA conducts its
business. The ICRMA Governing Board, at its meeting on October 13, 2004, approved
a Fifth Amended JPA (Exhibit A) which deletes references to the COP and makes other
changes as shown on the "Comparison of 1998 Joint Powers Agreement and October
2004 Amended Joint Powers Agreement," which accompanies this report (Exhibit B).
The Fifth Amended JPA will become effective after it is approved by two-thirds of the
ICRMA members. The ICRMA Governing Board is requesting that the City Council of
the City of Baldwin Park approve the amended JPA by adopting Resolution No. 2004-
090, which accompanies this staff report. It would also be appropriate to reconfirm
Baldwin Park's appointees to the ICRMA Governing Board. Currently, the City Council
has appointed Councilmember David Olivas to serve as the primary Governing Board
representative and Councilmember Marlen Garcia and Georgina Knight,
Personnel/Risk Manager to serve as the alternate and substitute alternate
representatives. The Governing Board provides policy direction for all of the ICRMA
committees and, among its duties, appoints the General Manager, admits, sanctions
and expels members, adopts the budget, approves and amends Program Bylaws,
establishes, amends and terminates programs, approves the Memorandum of
Coverage, elects members to committees, settles claims and approves dissolution of
ICRMA.
It is recommended that the City Council adopt Resolution No. 2004-090; designate its
representatives to the ICRMA Governing Board and the separate Risk Management
Programs in which this City participates; and direct staff to forward a certified copy of
the Resolution to ICRMA's General Manager.
• • • Ifs /`1
A RESOLUTION OF THE BALDWIN PARK CITY COUNCIL APPROVING
THE FIFTH AMENDMENT TO THE JOINT EXERCISE OF POWERS
AGREEMENT FOR INSURANCE AND RISK MANAGEMENT PURPOSES
AND APPOINTING REPRESENTATIVES TO THE INDEPENDENT CITIES
RISK MANAGEMENT AUTHORITY'S GOVERNING BOARD AND ITS
SEPARATE RISK MANAGEMENT PROGRAMS
WHEREAS the City of Baldwin Park is a member of the Independent Cities Risk
Management Authority ( "ICRMA ") and a signatory to its Joint Exercise of Powers
Agreement for Insurance and Risk Management Purposes ( "JPA "); and
WHEREAS the original JPA provided forthe issuance of Certificates of Participation
( "COP ") which have been retired and contained other provisions for the governance of
ICRMA; and
WHEREAS the ICRMA's Governing Board has approved a Fifth Amendment to the
JPA ( "Fifth Amended JPA ") which deletes references to the COP and makes other
changes to the JPA as shown on the "Comparison of 1998 Joint Powers Agreement and
October 2004 Amended Joint Powers Agreement" which has been provided to this City
Council along with a staff report; and
WHEREAS, the Fifth Amended JPA will become effective upon approval by the city
councils of two - thirds of the ICRMA members; and
WHEREAS, the Fifth Amended JPA and the individual risk management program
bylaws require the City Council to appoint an elected official to serve as the designated
representative on the ICRMA Governing Board along with an alternate and substitute
alternate if the City determines to do so.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby find,
determine and declare as follows:
1. This City Council does approve the Fifth Amendment to the JPA as
recommended for approval by the ICRMA Governing Board and as
presented to this City Council;
2. The City Council does hereby appoint Councilmember David Olivas to serve
as the primary Governing Board representative and Councilmember Marlen
Garcia and Georgina Knight, Personnel /Risk Manager to serve as the
alternate and substitute alternate representatives. These persons shall also
act as the City's representatives to the individual Risk Management
Programs in which this City participates.
RESOLVED, FURTHER that the appointed city representatives are authorized and
empowered to take such action as is deemed appropriate, as provided in the Fifth
Amended JPA and the ICRMA Bylaws and the bylaws of the separate Risk Management
Programs and such decision(s) shall be binding upon this City.
RESOLVED, FURTHER, that the City Clerk shall certify to the adoption of this
resolution and the same shall be in full force and effect.
RESOLVED, FURTHER, that a certified copy of this resolution shall be forwarded to
the ICRMA, to the attention of its General Manager.
ATTEST:
[01 W" I V0 -014
Exhibit A
This Fifth Amendment To Joint Exercise Of Powers Agreement For Insurance
and Risk Management Purposes ("Agreement") is executed by and among the
public entities, hereafter referred to as Member or Members, each of which is
organized and existing under the laws of the State of California and is a signatory
to this Agreement and listed in Appendix "A", which is attached hereto and made
a part hereof. This Agreement, dated October 13, 2004, for identification
purposes, amends the Joint Exercise of Powers Agreement For Insurance and
Risk Management Purposes dated August 12, 1998.
me
This Agreement is predicated upon the following facts:
The following State laws, among others, authorize the Members to enter into this
Agreement:
1. Labor Code Section 3700, permitting a Member to fund its own Workers'
Compensation claims;
2. Government Code Section 990, permitting a Member to insure itself
against tort or inverse condemnation liability;
147448.4 (MS WORD) 000602-9000
1
Exhibit A
3. Government Code Section 990.4, permitting a Member to provide
insurance and self-insurance in any desired combination;
4. Government Code Section 990.6, permitting the proper costs for self-
insurance to be charged against each Member and authorizing the
Governing Board to make premium payments for such coverage in an
amount such Governing Board determines to be necessary to provide
such coverage;
5. Government Code Section 990.8, permitting two or more Members to
enter into an agreement to jointly fund such expenditures under the
authority of Government Code Sections 6500 et §Le�-;
6. Government Code Section 6500 et seq., permitting two or more Members
to jointly exercise, under an agreement, any power which is common to
each of them.
NOW, THEREFORE, for and in consideration of the mutual benefits, covenants,
and agreements set forth in this Agreement, the Members agree as follows:
ARTICLE 1. CREATION OF THE INDEPENDENT CITIES RISK
MANAGEMENT AUTHORITY.
1.1 Pursuant to Article I (commencing with Section 6500) of Chapter 5 of
Division 7 of Title 1 of the Government Code of the State of California, the
147448.4 (MS WORD) onoonzoonu
2
Exhibit A
Members hereby create a public entity, separate and apart from the
Members, to be known as the Independent Cities Risk Management
Authority, hereinafter referred to as 1CRMX or the "Authority". Pursuant
to Government Code Section 6508.1, the debts, liabilities, and obligations
of the Authority shall not constitute debts, liabilities, or obligations of any
Member.
0�11111�11111 lll�oz 0 �611
2.1 The purpose of creating this Authority is to exercise the powers of the
Members to jointly accomplish the following:
2.1.1 Develop effective Risk Management Programs to reduce the
amount and frequency of their losses.
2.1.2 Develop Risk Management Programs of insurance to protect
Members from the effects of catastrophic or unexpected
losses. Such programs shall include, but not be limited to,
coverages for losses arising out of Tort Liability, Workers'
Compensation, Health Benefits, and the ownership or use of
real or personal property.
2.1.3 Design Risk Management Programs of the Authority on a
pooled or self-funded basis whereby the Members share
some portion, or all, of the costs of the program losses.
147448.4 (MS WORD) 000602-9000
3
Exhibit A
2.1.4 Jointly purchase insurance, excess insurance, or
reinsurance and/or develop alternative financial
arrangements for the purpose of transferring risk of loss to
commercial insurers.
2.1.5 Assist Members to the maximum extent authorized by law to
secure long term solutions enabling the Authority to provide
adequate protection to Members against catastrophic, or
greater than expected, claims and to attract major reinsurers
for the purpose of transferring risk.
2.1.6 Jointly secure administrative and other services including,
but not limited to, general administration, underwriting, risk
management, loss prevention, claims adjusting, data
processing, brokerage, accounting, and legal services when
related to any of the other purposes.
3.1 The following definitions shall apply to the provisions of this Agreement
and the By-Laws of the Authority and Risk Management Programs:
3.1.1 "Agreement" shall mean this Agreement, as it may be
amended from time to time, creating the Independent Cities
Risk Management Authority.
147448.4 (MS WORD) 000602-9000
4
Exhibit A
3.1.2 "Board" or "Governing Board" shall mean the governing body
of the Authority.
3.1.3 "By-Laws" shall mean the rules governing the management
of the Authority and each individual Risk Management
2�
3.1.4 "Claim(s)" shall mean demand(s) complying with the
requirements of California Government Code Section 910
and made against the Member arising out of occurrences
which are covered or alleged to be covered by the
Authority's Memorandums of Coverage, or policies of
insurance.
3.1.5 "Fiscal Year" shall mean the period of time commencing on
July 1 of each year, and thereafter ending on June 30 each
following year.
3.1.6 "Governing Documents" shall mean this Agreement, the By
Laws of the Authority and each Risk Management Program,
the Memorandum of Coverage and any other document
stipulated as a Governing Document in the By-Laws or by
action of the Governing Board.
3.1.7 "Insurance" shall mean insurance or reinsurance purchased
by the Authority to cover losses for its Members.
147448.4 (MS WORD) 000602-9000
5
Exhibit A
3.1.8 "Member" shall mean any Municipal Corporation or public
entity authorized to be a member of a Joint Powers
Authority, which is a party to this Agreement and is
participating in one or more Risk Management Programs.
3.1.9 "Memorandum of Coverage" shall mean the document or
documents issued by the Authority specifying the types of
coverages and limits provided to the Members.
3.1.10 "Program Year" shall mean a period of time in which each
program shall be segregated for ease in determining
coverage premiums.
3.1.11 "Participation" or "Participating" shall mean a Member has
elected to jointly participate in the management of a specific
risk and is a member of that Risk Management Program.
3.1.12 "Risk Management" shall mean the process of identifying,
evaluating, reducing, transferring, and eliminating risks. Risk
Management includes, but is not limited to, various methods
of funding claims
payments,
purchasing
insurance, legal
defense of claims,
controlling
losses, and
determining self-
insured retention
levels and
the amount
of reserves for
potential claims
147448.4 (MS WORD) 000602-9000
6
3.1.13 "Risk Management Program " shall mean those coverage
programs of risk sharing, insurance, and risk management
services created by the Authority to manage specific Risk
Management Programs, i.e. "Liability Risk Management
MGM
ARTICLE4. PARTIES TO THE AGREEMENT AND RESPONSIBILITIES OF
MEMBERS.
4.1 Each Member represents and warrants that it intends to, and does hereby,
contract with all other Members listed in Appendix "A", and any new
members admitted to the Authority pursuant to Article 16. Each Member
also represents and warrants that the withdrawal or expulsion of any
Member, pursuant to Article 14 or 15, shall not relieve any Member of its
rights, obligations, liabilities or duties under this Agreement or the
individual Risk Management Programs in which the Member participates.
4.2 Each Member agrees to be bound by and to comply with all of the terms
and conditions of the Governing Documents and any Resolution or other
action adopted by the Governing Board as they now exist or may
hereinafter be adopted or amended. Each Member assumes the
obligations and responsibilities set forth in the Governing Documents.
5.1 The Authority shall be governed by a Governing Board the composition of
which shall be set forth in the Authority's By-Laws. Immediately upon
admission of a new Member pursuant to Article 16, the Member shall be
147448.4 (MS WORD) 000602-9000
7
Exhibit A
entitled to appoint a Representative to the Governing Board and an
alternate Representative and, if desired, a substitute alternate
Representative, each of whom shall meet the parameters set forth in the
Authority's By-Laws. Decisions of the Member representative, or the
Governing Board in his/her absence, shall be binding on the Member.
5.2 The Member Representative and/or alternate Representative or substitute
alternate Representative shall be removed from the Governing Board
upon the occurrence of any one of the following events: (1) the expulsion
or withdrawal of the Member from the Authority; (2) the death or
resignation of the Member Representative; (3) the Authority receives the
written notice from the Member that the Member Representative is no
longer a member of the governing body of the Member or as otherwise
provided in the Authority's By-Laws.
5.3 Pursuant to Government Code Section 6505.6, the Governing Board shall
designate an officer or employee, or officers and employees, to receive,
deposit, invest, and disburse the property of the Authority pursuant to
Government Code Sections 6505 and 6505.5. The Governing Board shall
fix the amount of the fidelity bond to be filed by such public officer(s)
and/or employee(s).
ARTICLE 6. BOARD MEETINGS AND RECORDS
6.1 Regular Meetings. The Governing Board and all standing committees
shall hold meetings at the location and time set forth in the By-Laws of the
147448.4 (MS WORD) 000602-9000
8
Exhibit A
Authority and each individual Risk Management Program.
6.2 Ralph M. Brown Act. All meetings of the Governing Board, and appointed
committees, including without limitation, regular, adjourned regular, and
special meetings, shall be called, noticed, held, and conducted in
accordance with the Ralph M. Brown Act (Section 54950 et. seq. of the
Government Code).
6.3 Minutes. Minutes of regular, adjourned regular, and special meetings of
the Authority shall be kept under direction of the Secretary. As soon as
possible after each meeting, the Secretary shall forward copies of the
minutes to each Governing Board member.
6.4 Quorum. A majority of the members of the Governing Board is a quorum
for the transaction of business. However, less than a quorum may adjourn
from time to time. A vote of the majority of a quorum at a meeting is
sufficient to take action.
mallsing"Weia
7.1 The Governing Board shall elect a president, vice-president, Treasurer
and Secretary from among its members. The manner of election and term
of office of elected officers and their authority and responsibilities shall be
as set forth in the Authority By-Laws. If any of the officers cease to be a
Member's representative, the resulting vacancy shall be filled as provided
in the Authority By-Laws. The Governing Board may appoint such other
officers as it considers necessary.
147448.4 (MS WORD) 000602-9000
9
ARTICLE 8. POWERS.
8.1 The Authority shall have the powers common to its Members and is
authorized in its own name, to do all acts necessary and to exercise such
common powers to fulfill the purposes of this Agreement referred to in
Article 2 including, but not limited to, each of the following:
8.1.1 Finance through the issuance of Bonds or other financial
instruments of indebtedness, self-insurance reserve funds
necessary or convenient for the implementation of this
Agreement,
8.1.2 Incur debts, liabilities, and obligations.
8.1.3 Acquire, hold, or dispose of real and personal property.
8.1.4 Receive contributions and donations of property, funds,
services, and other forms of assistance from any source.
8.1.5 Sue and be sued in its own name.
8.1.6 Employ agents and employees.
8.1.7 Acquire, construct, manage, maintain, or operate buildings,
works, or improvements.
8.1.8 Lease real or personal property, including that of a Member.
8.1.9 Receive, collect, and disburse monies.
147448.4 (MS WORD) 000602-9000
10
Exhibit A
8.1.10 Invest money in the treasury of the Authority in the same
manner and on the same conditions as local agencies
pursuant to Government Code Section 53601.
8.1.11 Exercise all other powers necessary and proper to carry out
the provisions of this Agreement.
8.1.12 Develop and implement Risk Management Programs.
8.1.13 Jointly purchase for the benefit of Members, insurance,
excess insurance, reinsurance, and enter into agreements
for the benefit of Members, for the purpose of transferring
risk of loss to commercial insurers or reinsurers or other
insurance pools.
9.1 The Governing Board shall establish Risk Management Programs as
provided in the Authority's By-Laws.
9.2 No Risk Management Program shall become operational, or possess any
authority, until the proposed Risk Management Program By-Laws have
been approved by the Governing Board. The voting on the approval of
By-Laws shall be restricted to Governing Board Member representatives
NAB=
any amendments thereto shall be as provided in the By-Laws of the
147448.4 (MS WORD) 000602-9000
11
various Risk Management Programs shall become operational and will
have all of the powers specifically delegated to them by the Governing
•. S
ARTICLE 10. BUDGET
10.1 The Governing Board shall adopt an annual budget not later than 30 days
prior to the beginning of each Fiscal Year.
11.1 The Governing Board shall cause an annual financial audit of the accounts
and records to be made and filed as provided in the Authority's By-Laws
and the laws of the State.
UNK61 ! i III Ill ;!j � 11 1 �11 !III ! 11 ! iiciii�
12.1 Funds of the Authority may be commingled for investment and
administration purposes. However, each Risk Management Program shall
be accounted for separately on a full accrual basis.
12.2 The Governing Board shall establish the policy for warrants drawn to pay
demands against the Authority.
12.3 The coverage for each Program Year of each Risk Management Program
shall be as specified in the Memorandum of Coverage or policies of
insurance for that Program Year of the Risk Management Program.
mnfrsjffizffi��Ty fiNg!WMN
13.1 Any Member which enters a Risk Management Program may withdraw
147448.4 (MS WORD) 000602-9000
12
Exhibit A
from that Risk Management Program and may at a later time seek to
renew participation in said Program subject to the terms and conditions as
set forth in the By-Laws of that particular Risk Management Program.
13.2 A Member is no longer a party to the Authority or this Agreement upon its
withdrawal from all of the Authority's Risk Management Programs.
J*A-211mawagn
14.1 The Governing Board may expel any Member from the Authority and/or
from a Risk Management Program at any time for material breaches of the
Governing Documents. Such expulsion shall be as provided in the By-
Laws of the Authority or each Individual Risk Management Program.
15.1 This Agreement shall continue until terminated by vote or written consent
of two-thirds of the Members provided, however, that this Agreement and
the Authority shall continue to exist for the purposes of disposing of all
claims, the distribution of assets, and any other functions necessary to
conclude the affairs of the Authority.
15.2 Upon termination of this Agreement, all assets of the Authority shall be
distributed only among the Members that have been participants in its
Risk Management Programs, including any of those Members which
previously withdrew or were expelled pursuant to Articles 13 and 14 of this
Agreement, in accordance with and proportionate to their net premium
payments made during the term of this Agreement. The Governing Board
147445.4 (IMS WORD) 000602-9000
13
Exhibit A
shall determine such distribution within six months after the last claim
covered by this Agreement has been finalized.
15.3 The Governing Board is vested with all powers of the Authority for the
purpose of concluding and dissolving the business affairs of the Authority.
These include the power to require those Members which were Risk
Management Program participants at the time of any particular occurrence
which was covered or alleged to be covered under the Memorandum(s) of
Coverage or policies of insurance to pay their share of any additional
amount of premium deemed necessary by the Governing Board for the
final disposition of all claims and expenses associated with such loss.
16.1 Any governmental agency, organized and operating under the laws of the
State of California which is authorized to participate in a joint powers
authority under the Government Code may become a member of the
Authority by complying with the requirements of the Authority By-Laws.
17.1 Each Member agrees to indemnify, save and defend the Authority and all
other Members harmless from and against all claims, losses, and
damages, including legal fees and expenses, arising out of any breach or
default on the part of such Member in performance of any of its obligations
under this Agreement, or any act or negligence of such Member or any of
its agents, contractors, servants, employees or licensees with respect to
147448.4 (MS WORD) 000602-9000
14
this Agreement. No indemnification is made under this Section for claims,
losses or damages, including legal fees and expenses, arising out of the
willful misconduct, negligence or breach of duty under this Agreement by
the Authority or a Member or their officers, employees, agents or
17.2 The Representatives to the Governing Board and to each of the Risk
Management Programs and any officer, employee, contractor, or agent of
the Authority shall use ordinary care and reasonable diligence in the
exercise of their power and in the performance of their duties under this
'
17.3 Funds of the Authority may be used to defend, indemnify, and hold
harmless the Authority and any member of the Governing Board, any
member of a Risk Management Program, and any employee of the
Authority for their actions taken within the scope of their duties while
acting on behalf of the Authority. Nothing herein shall limit the right of the
Authority to purchase insurance to provide such coverage as is
hereinabove set forth.
18.1 Notices to each Member under this Agreement shall be sufficient if mailed
to its respective address on file with the Authority. Any Member may
designate any other address in substitution of the foregoing address to
which such notice will be given at any time by giving five days written
147448.4 (MS WORD) 000602-9000
15
Exhibit A
notice to the Authority and all other Members.
19.1 This Agreement may be amended at any time by vote of two-thirds of the
Members acting through their governing body. Amendments to the
individual Risk Management Program By-Laws require the two-third vote
of the Governing Board members representing Members of that Risk
Management Program.
ARTICLE 20. SEVERABILITY.
20.1 Should any portion, term, condition, or provision of this Agreement be
decided by a court of competent jurisdiction to be illegal or in conflict with
any law of the State of California, or be otherwise rendered unenforceable
or ineffectual, the validity of the remaining portions, terms, conditions, and
provisions shall not be affected thereby.
21.1 The foregoing constitutes the full and complete Agreement of the parties.
There are no oral understandings or agreements not set forth in writing
herein.
147448.4 (MS WO") 000602-9000
16
Exhibit A
ARTICLE 22. TERM OF AGREEMENT.
22.1 This fifth amended Agreement shall become effective upon the Authority
receiving notice of the approval by the governing body of two-thirds of the
ILYA "I I _07M
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the day and year first written above.
City of
go
Title
Executed before me this
day of 200
(City Seal)
City Clerk
City of
147448.4 (MS WORD) 000602-9000
17
Exhibit A
1 .
Alhambra
16.
Hermosa Beach
2.
Arcadia
17.
Huntington Park
3.
Azusa
18.
Inglewood
4.
Baldwin Park
19.
La Habra
5.
Bell
20.
Lynwood
6.
Buena Park
21.
Manhattan Beach
7.
Chino
22.
Monrovia
8.
Colton
23.
Monterey Park
9.
Culver City
24.
Redondo Beach
10.
Downey
25.
San Fernando
11.
El Monte
26.
South Gate
12.
El Segundo
27.
Upland
13.
Fullerton
28.
Vernon
14.
Glendora
29.
Whittier
15.
Hawthorne
147448.4 (MS WORD) 000602-9000
(.'irk%: /_ 11 �iM, hIT�If �� t� ► �3F►`7 �73o olMx:Z+"MMNO�
147448.4 (MS WORD) 000602 -9000
ICRMA - Proposed Changes to Joint Powers Agreement
Existing Joint `'
Terms in Existing Joint Powers
Terms in Proposed Amendment to Joint
Article of
Powers
Agreement (Dated 8112/1998)
Powers Agreement (Draft of 9/17/2004)
Authority By-
Agreement
Laws
Section
Opening
States agreement is executed by
States agreement is executed by public
paragraph
Municipal Corporations, referred
entities, referred to as "Member or
to as "Member Cities"
Members"
Recital A.
* Reference to Member or Members
being organized and existing under laws
of State of California incorporated into
opening paragraph instead of under
"Recitals" heading.
Recital B.1 -6
Recitals I throw. Same as prior
State Laws
Agreement except substitutes "Member"
for " Cities."
Paragraphs in Proposed Amendment are numbered differently.
"Member Cities" replaced in Proposed Amendment by "Member or Members"
Article I
Includes provisions that:
Article 1.1. Same as Article I, except
Creation of
(1) Member City may separately
these provisions were omitted from
ICRMA
contract for or assume
proposed amendment.
responsibility for specific debts,
f
liabilities, or obligations of
Authority.
(2) Pursuant to Govt code 6509
Authority shall be restricted in
exercise of powers in same
manner as City of Manhattan
Beach is restricted; or if
Manhattan Beach ceases to be
Member City, then Authority
shall be restricted in exercise of
power in same manner as City of
San Fernando; if City of San
Fernando ceases to be a Member
City, Governing Board shall
designate appropriate Member
City.
149402.1 000602 -9000 09/2012004 - 527 pm
ICRMA - Proposed Changes to Joint Powers Agreement
Existing Joint
Terms in Existing Joint Powers
Terms in Proposed Amendment to Joint
Article of
Powers
Agreement (Dated 8/12/1998)
Powers Agreement (Draft of 9/17/2004)
Authority By-
Agreement
Laws
Section'
Article 11.
Article 2. 1.1 through 2.1.3. Same as
Purpose
prior Agreement
A. - C
Article II.
Article 2.1.4. Same as prior Agreement,
Purpose
except adds authorization to "Jointly
D
purchase insurance...and /or develop
alternative financial arrangements for
the purpose of transferring risk of
loss..."
Article II.
Provides for Member Cities to
Article 2.1.5. Omits language regarding
Purpose
secure long -term financial base
Certificates of Participation. States
E.
from issuance of Certificates of
instead, "Assist Members to the
Participation, revenues from
maximum extent authorized by law to
which will be used for
secure long term solutions enabling the
establishing financial reserves to
Authority to provide adequate protection
enable Authority to provide
to Members" against catastrophic claims
protection to Member Cities
and to attract major reinsurers for
against catastrophic claims and to
purpose of transferring risk.
attract major reinsurers for
purpose of transferring risk.
Article II.
Article 2.1.6. Same as prior Agreement
Purpose
except adds "Jointly secure
F.
administrative and other services
including... general administration,
underwriting, risk management...."
Article III.
Agreement
Articles 3.1.1 - 3.1.5. Same as prior
Definitions
Board or Governing Board
Agreement.
A. - C.
By -Laws
Article III.
Claim(s)
Article 3.1.4. Adds: "'Claim(s)' shall
Definitions
mean demands complying with the
D.
requirements of California Government
Code Section and made against the
Member arising out of occurrences..."
149402.1 000602 -9000 09/20/2004 - 5:27 pm
rpm
ICRMA - Proposed Changes to Joint Powers Agreement
Existing Joint :
Terms in Existing Joint Powers
Terms in Proposed Amendment to Joint
Article of
Powers?
Agreement (Dated 8/12/1998)
Powers Agreement (Draft of 9/17/2004)
Authority By-
Agreement
Laws
Section''
Article Ill.
Fiscal Year
Article 3.1.5. Same as prior Agreement.
Definitions
E.
Article III.
Provides: "`ICRMA "' shall mean
"ICRMA" is defined in Article I.I.
Definition F.
the Independent Cities Risk
Management Authority created
by this Agreement"
"Governing Documents" not
Article 3.1.6. Provides: "`Governing
defined in proposed Agreement.
Documents' shall mean this Agreement,
the By -Laws of the Authority and each
Risk Management Program, the
Memorandum of Coverage and any
other document stipulated as a
Government Document in the By -Laws
or by action of the Governing Board."
Article III.
Insurance
Article 3.1.7. Same as III.G. except
Definition G.
adds that "`Insurance' shall mean
insurance or reinsurance purchased by
Authority...'
Article III.
Defines "Member City" as any
Article 3.1.8. Defines "Member" as any
Definition H.
Municipal Corporation or any
Municipal Corporation or public entity
Joint Powers Authority whose
authorized to be a member of a Joint
Powers Authority, which is a party to
membership consists only of
Municipal Corporations, which is
this Agreement
a party to this Agreement
Article III.
Memorandum of Coverage
Articles 3.1.9 -3.1.11. Same as prior
Definition
Agreement.
I.
Article III.
Program Year
Article 3.1.10. Omitted "usually twelve
Definition
months" in definition of program year.
J.
149402.1 000602 -9000 09/20/2004 - 5:27 Pm
imrow
ICRMA - Proposed Changes to Joint Powers Agreement
Existing Joint
Terms in Existing Joint Powers
Terms in Proposed Amendment to Joint
Article of
Powers
Agreement (Dated 8/12/1998)
Powers Agreement (Draft of 9/17/2004)
Authority By-
Agreement
Laws
Section';
Article III.
Participation
Article 3.1.11. Same as prior
Definition
Agreement.
K.
Article III.
Risk Management
Article 3.1.12. Same as prior
Definition
agreement, except adds that Risk
L.
Management includes "but is not limited
to" various methods of funding claims
payments, etc.
Article III.
Risk Management Program
Article 3.1.13. Same as prior
Definition
Agreement.
M.
Article IV.
Article 4.1. Same as prior agreement,
Parties to
except adds at end of paragraph,
Agreement
"...rights, obligations, liabilities, or
duties under this Agreement or the
individual Risk Management Prorams
in which the Member participates."
Article 4.2 added. "Each Member
agrees to be bound by and to comply
with all of the terms and conditions of
the Governing Documents and any
Resolution or other action adopted by
the Governing Board as they now exist
or may hereinafter be adopted or
amended. Each Member assumes the
obligations and responsibilities set forth
in the Governing Documents."
149402.1 000602 -9000 09/20/2004 - 5:27 pm
Exhibit B
ICRMA - Proposed Changes to Joint Powers Agreement
Existing Joint
Terms in Existing Joint Powers
Terms in Proposed Amendment to Joint
Article of
Powers(
Agreement (Dated 8/12/1998)
Powers Agreement (Draft of 9/1712004)
Authority By-
Agreement
Laws
Section`
Article V.
Provides that Authority shall be
Article 5.1. Provides that Authority
Article 5.1 -
Governing
governed by a Governing Board
shall be governed by a Governing Board
Governing
Board
comprised of one Representative
"the composition of which shall be set
Board
from each Member City and sets
forth in the Authority's By- Laws." Also
forth terms for appointment of
provides that New Member admitted
same and of alternate
pursuant to Article 16 shall be entitled to
Representatives and substitute
appoint Representative and alternate
alternate Representatives by
Representative per Authority By -Laws.
Cities and voting.
Article V.
Provides in part for Member City
Article 5.2. Section is same as in prior
Governing
Representative's (+ alternate's,
agreement, except this language re City
Board
and substitute alternate's)
Representative's removal from
second ¶
removal from Governing Board if
Government Board was omitted.
Authority (1) receives written
notice from Member Citv of
removal of the Member City
Representative or alternate
Representative or substitute
alternate Representative.
Article V.
Provides Member City
F This language was omitted from
Governing
Representative, alternate or
proposed Amendment.
Board
substitute Representative are not
third ¶
entitled to compensation;
however, Governing Board may
authorize reimbursement may
authorize reimbursement of
expenses.
Article V.
Article 5.3. Same as prior agreement,
Governing
except instead of "The Authority shall
Board
fix the amount of the fidelity bond... ", it
fourth ¶
reads, "The Governing Board shall affix
the amount of the fidelity bond..."
Article VI.
States Governing Board shall
Article 6.1. Refers to By-Laws for
Article 5.2 -
Regular
hold at least one regular meeting
location and time for Governing Board
Meetings of the
Meetings
each quarter of each year. Date,
and all standing committees to hold
Governing
A.
place and time to be fixed by
meetings.
Board
Governing Board resolution.
149402.1 000602 -9000 09/20/2004 - 5:27 pm
ICRMA - Proposed Changes to Joint Powers Agreement
Existing Joint
Terms in Existing Joint Powers
Terms in Proposed Amendment to Joint
Article of
Powers
Agreement (Dated 8/12/1998)
Powers Agreement (Draft of 9/17/2004)
Authority By-
Agreement
Laws
Section'
Article VI.
Provides "Each meeting of
Article 6.2. Same as prior agreement,
B.
Governing Board" to be
except provides that "All meetings of
Ralph M.
conducted in accordance with the
the Governing Board, and appointed
committees" be conducted in accordance
Brown Act
Ralph M. Brown Act.
with the Ralph M. Brown Act.
Article VI.
Article 6.3. Same as prior agreement,
C. Minutes
except omits provision that Secretary
forward to each Governing Board
member and each City Clerk copies of
the minutes.
Article VI.
Article 6.4. Same as prior agreement.
D. Quorum
Article VII
Provides that Governing Board
Article 7.1. Provides that the Governing
Article 6 -
Officers
shall elect president and vice
Board shall elect a President, Vice-
Officers of the
president; provides for filling of
president, Treasurer and Secretary, and
Governing
vacancy in the event the
the manner of election, term of office of
Board
president or vice present ceases
elected officers, their authority and
6.1 -6.4.5
to be a member; provides that
responsibilities, and filling of vacancy of
vice president act in president's
any officer who ceases to be a Member's
absence or president's inability to
representative shall be set forth in
act, and provides for appointment
Authority B -Laws.
of secretary and treasurer and
other officers Governing Board
considers necessary.
Article VIII.
Finance through issuance of
Article 8.1.1. Same as prior agreement,
A.
Certificates of Participation
except instead of "Certificates of
Powers
Participation," provides for Finance
through issuance of "Bonds or other
financial instrument of indebtedness."
Articles VIII.
Articles 8.1.2 - 8.1.13. Same as prior
B. - M.
agreement.
Powers
149402.1 000602 -9000 09/20/2004 - 5:27 pm
fo
ICRMA - Proposed Changes to Joint Powers Agreement
Existing Joint '
Terms in Existing Joint Powers
Terms in Proposed Amendment to Joint
Article of
Powers <
Agreement (Dated 8/12/1998)
Powers Agreement (Draft of 9/17/2004)
Authority By-
Agreement
Laws
Section'
Article IX
Provides that Governing Board
Article 9.1. Refers to By -Laws for
Article 13
first ¶
shall by resolution establish a
establishment of Risk Management
Risk
Risk
Risk Management Program for
Programs.
Management
Manage-
each Coverage Program
Programs
ment
implemented by Authority.
Programs
Article IX
Provides for a two - thirds vote of
Article 9.2. Provides that "Approval of
Article 13
second
members of Governing Board
the By -Laws and any amendments
Risk
Risk
representing cities which are
thereto shall be as provided in the By_
Management
Manage -
members of a particular Risk
Laws of the individual Risk
Programs
ment
Management Program for
Management Program."
Programs
approval of proposed Risk
Management Program By -Laws
Article IX
Provides that when entering into
Article 9.2. This provision was omitted
second
transactions authorized by
from proposed amendment.
Risk
Government Board, the Risk
Manage-
Management Program shall use
ment
the Risk management Program
Programs
title and refer to Authority, i.e.,
contract entered into by Workers'
Compensation Risk Management
Program of ICRMA.
Article X.
Provides that each Member City
This provision was omitted from
[Addressed in
Member City
participating in Risk
proposed amendment.
By -Laws for
Responsi-
Management Program has
Separate Risk
bilities (Risk
responsibility to: (A) Appoint or
Management
Manage-
remove its member of Governing
Program
ment
Board, (B) Appoint or remove its
Programs)
member to the Risk Management
Program(s), and (C) Approve
amendments to this Agreement.
Article XI.
Article 10. Same as Article XI in prior
Budget
agreement.
149402.1 000602 -9000 09/20/2004 - 5:27 pm
ICRMA - Proposed Changes to Joint Powers Agreement
Existing Joint '
Terms in Existing Joint Powers
Terms in Proposed Amendment to Joint
Article of
Powers
Agreement (Dated 8/1211998)
Powers Agreement (Draft of 9/17/2004)
Authority By-
Agreement
Laws
Section'
Article XII.
Requires Governing Board to
Article 11. Refers to By -Laws for
Article 8. -
Annual
cause an annual financial audit of
annual financial audit.
Financial Audit
Audit and
accounts and records and
Review
includes requirements for
preparation and filing of same.
Article XIII.
Article 12.1. Same as Article XIII in
first ¶
prior agreement.
Establish-
ment and
Adminis-
tration of
Funds
Article XIII.
Provides warrants to pay
Article 12.2. Provides that Governing
second �
demands against Authority to be
Board shall establish policy for warrants
Establish-
signed by both President,
drawn to pay demands against
ment and
Secretary or Treasurer or an
Authority.
Adminis-
agent, employee or general
tration of
manager of Authority.
Funds
Article XIII.
Provides that subject to approval
Article 12.3. Same as third ¶ of Article
third �
by Governing Board, Member
XIII, except this provision was omitted
Establish-
City shall have ability to
from proposed amendment.
ment and
determine in which Risk
Adminis-
Management Program(s) it
tration of
wishes to participate.
Funds
Article
Article 13.1. Same as Article XIV.A,
XIV.A.
except provides that Member "may at a
Withdrawal
later time seek to renew participation in
said Program...."
Article
Article 13.2. Same as Article XIV.B.
XIV.B
Withdrawal
149402.1 000602 -9000 09/20/2004 - 5:27 pm
ICRMA - Proposed Changes to Joint Powers Agreement
Existing Joint
Terms in Existing Joint Powers
Terms in Proposed Amendment to Joint
Article of
Powers;
Agreement (Dated 8/12/1998)
Powers Agreement (Draft of 9/17/2004)
Authority By -4
Agreement
Laws
Sectioni
Article
Provides that any Member City
Article 13.1. Provides that a Member
[Addressed in
XIV.C.
which withdraws from any Risk
withdrawing from a Risk Management
By -Laws for
Withdrawal
Management Program pursuant
Program may seek to renew
Separate Risk
to XIV.A. shall not be permitted
participation subject to terns set forth in
Management
to renew participation in that
the By -Laws of the Risk Management
Program]
Risk Management Program until
Program.
expiration of 3 years from date of
withdrawal.
Article XV.
Article 14.1. Same as XV first ¶, except
Section 13.5 -
first ¶
provides that Governing Board may
Program
Expulsion
expel "any Member from the Authority
Withdrawal or
and /or from a Risk Management
Expulsion
Program for material breaches of the
Governing Documents." Refers to By_
Laws of Authority or each individual
Risk Management Program.
Article XV.
Provides withdrawal or expulsion
This provision is addressed in Article
second ¶
of any Member City after
4.1.
Expulsion
inception of its participation in a
Risk Management Program shall
not terminate its responsibility
for years that Member City
participated in any Risk
Management Program.
Article XVI.
Provides in part that Agreement
Article 15.1. Same as XVI, first ¶,
first ¶
cannot be terminated until such
except this provision was omitted from
Termination
time as all principal for
proposed amendment.
Certificates of Participation shall
have been retired.
Article XVI.
Articles 15.2 -15.3. Same as XVI.,
second and
second and third ¶s.
third �s
Termination
149402.1 000602 -9000 09/20/2004 - 527 pm
ICRMA - Proposed Changes to Joint Powers Agreement
Existing Joint
Terms in Existing Joint Powers
Terms in Proposed Amendment to Joint
Article of
Powers
Agreement (Dated 8/1211998)
Powers Agreement (Draft of 9/17/2004)
Authority By-
Agreement
Laws
Section`
Article XVII.
Provides that with approval of
Article 16. Refers to By -Laws for new
Article 4
New
two - thirds of Governing Board,
member requirements.
Member
Members
any qualified city which is
Entities
member of Independent Cities
Association, inay become a party
to this Agreement; city must
present City Council resolution
approving Agreement; date
applying city will become
Member City to be determined by
Governing Board.
Article
Articles 17.1 -17.3. Same as XVIII.
XVIII.
Liability of
the Authority
Article XIX.
Provides that notices shall be
Article 18. Provides that notices to each
Notices
sufficient if delivered to office of
Member shall be sufficient "if mailed to
City Clerk of Member Cities.
its respective address on file with
Authority. Any Member may designate
anv other address in substitution of the
foregoing address... by giving five days
written notice to the Authoritv and all
other Members ".
Article XX.
Provides amendment by vote of
Article 19. Provides for amendment to
Amendments
two - thirds of Member Cities
Agreement by vote of two - thirds of
to this
acting through their City Council
Members acting through their governing
Agreement
body. Also provides for amendment to
and Program
individual Risk Management Program
By -Laws
By -Laws by vote of two - thirds of
Governing Board members representing
Members of that Risk Management
Program.
Article XXI.
Article 20. Same as XXI.
Severability
Article XXII.
Article 21. Same as XXII.
Agreement
Complete
149402.1 000602 -9000 09/20/2004 - 5:27 pm 10
ICRMA - Proposed Changes to Joint Powers Agreement
Existing Joint
Terms in Existing Joint Powers
Terms in Proposed Amendment to Joint
Article of
Powers
Agreement (Dated 8/12/1998)
Powers Agreement (Draft of 9/17/2004)
Authority By -`
Agreement
Laws
Section`
Article
Provides amended Agreement to
Article 22. Same as Article XXIII,
XXIII.
be effective upon Authority
except provides amended Agreement to
Term of
receiving notice of approval by
be effective upon Authority receiving
Agreement
City Council of two - thirds of
notice of approval by governing body of
Member Cities.
two- thirds of the Members.
149402.1 000602 -9000 09/20/2004 - 5:27 pm I I
FaM.T.1-elff-51
The purpose of this report is to provide Community Development Commissioners with an
update regarding potential development procedures related to housing projects within all
residential zones.
At the Special meeting of the City Council on November 22, 2004, staff provided a basic
overview of the various approval procedures for various residential developments within
all residential zones and discussed deficiencies within the current zoning code.
As the Commissioners are aware, approvals vary depending upon the type of residential
development and corresponding zone, R-1, R-G or R-3. Staff level approval is reserved
for projects that are permitted uses within the Zoning Code and that meet the Zoning
Code requirements and requisite Design Guidelines. The Design Review Committee
reviews most projects within all residential zones except a single-family residence and a
tract of four or less dwelling units. The Planning Commission and City Council reviews
occur mostly if an applicant has filed an appeal on a decision by a lower body, such as
the Design Review Committee, or a planned unit development.
As a result of this study session, the Council directed staff to review and bring back to
the City Council, for the December 15, 2004 meeting, a review procedure that includes
CDC review of most all housing projects and a modified planned unit development
ordinance which includes specific minimum requirements for overall development area,
minimum lot size, lot width, open space area, lot coverage, etc...
Staff recommends that the Community Development Commission receive and file this
report.
ATTACHMENT
*PowerPoint Presentation
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SUBJECT: Baldwin Park Financing Authority Tax Allocation Refunding Bonds
(Central Business District Redevelopment Project Area) Series 2004
1211=611,
The purpose of this report is for the City Council, Community Development Commission
and Financing Authority to consider the adoption of resolutions authorizing the issuance of
a tax allocation bond Series 2004 in the amount not to exceed $5,500,000.
MUNZONOMM
In January, 1990, the Authority issued the Baldwin Park Financing Authority Revenue (Tax
Allocation) Bonds, 1990 Series A (the "Prior Obligations") and loaned the proceeds thereof
to the Community Development Commission of the City of Baldwin Park, formerly the
Baldwin Park Redevelopment Agency (the "Commission").
The Commission has determined that it would be in the best interests of the Commission
and the City to refund the Prior Obligations at this time to take advantage of present value
savings by lowering the interest rate paid by the Commission.
The refunding is expected to result in a net present value savings of approximately
$985,570. The total gross savings is estimated at $1.4 million. The average annual gross
savings is approximately $93,360, ranging from $26,900 in year 2005 to $170,000 in year
2019. The underwriter is seeking a rating • the prospective bonds from Standard &
Poor's. The cost • issuance, which includes bond/disclosure counsel, fiscal consultant,
rating agency, printing, trustee, excluding insurance, will be approximately $110,000. The
underwriters' fee, including underwriters' counsel is approximately $65,000. The cost of
issuance and underwriters fee is paid out of the bond proceeds. We estimate the
City/Commission would recoup its costs from the annual savings in 2008.
Page 2 of 3
Central Business District Series 2004
December 1, 2004
The following table summarizes the estimated annual savings by year:
Period
Ending
Gross
Savings
8/1/2005
26,898.68
8/11/2006
37,752.50
8/1/2007
42,165.00
8/1/2008
51,197.50
8/1/2009
59,682.50
8/1/2010
67,855.00
8/1/2011
80,455.00
8/1/2012
91,980.00
8/11/2013
102,122.50
8/11/2014
110,942.50
8/11/2015
123,142.50
8/11/2016
133,132.50
8/11/2017
146,207.50
8/1/2018
156,812.50
8/1/2019
169,987.50
TOTAL
1,400,333.68
The prospective bonds would be entitled the Baldwin Park Financing Authority Tax
Allocation Refunding Bonds (Central Business District Redevelopment Project) Series 2004
(the "Bonds") and would be issued in an amount not to exceed $5,500,000. The amount of
the Prior Obligations currently outstanding is approximately $5,265,000. The proceeds of
the Bonds will be applied solely to pay the Prior Obligations in full on February 1, 2005 and
to provide for costs of issuance and a reserve fund.
Bond counsel has prepared bond documents, which are on file with the Commission sta-N.
The Bonds would be issued on December 30, 20 4.
Staff recommends approval of the Bonds at this time by adoption of the following
resolutions:
MIN-We
M41 I #.' -*Y2 4 • NIVATM 1 1;1 mmm a I rm io L61we
NWI
I
Page 3 of 3
Central Business District Series 2004
December 1, 2004
// 111 . . � . i • � ;i � ''
• DOW a Me] W 21 11, •
3) Waive further reading, read by title only and adopt Resolution No. 2004-002, entitled
"A RESOLUTION OF THE BALDWIN PARK FINANCING AUTHORITY
AUTHORIZING OF i t IN AGGREGATE
$5,500,000 TAX ALLOCATION REFUNt BONDS
ISTRICT REDEVELOPMENT P.O, 11. AND APPROVING
FORM OF . DOCUMENTS RELATED THERETO AUTHORIZING
DIRECTING •• •••A • N, EXECUTION AND DELIVERY OF •
• • • • 1/ 1•
• C - • 51 1 Lei • 1
IM11flem HEMS M • • i/ It
Lm, Mel A i LAN
WHEREAS, the City of Baldwin Park (the "City") is a public corporation
organized and existing pursuant to the laws of the State of California; and
WHEREAS, the Baldwin Park Financing Authority (the "Authority") is a
public body corporate and politic organized and existing under the laws of the
State of California; and
WHEREAS, the Authority previously issued the Baldwin Park Financing
Authority Revenue (Tax Allocation) Bonds, 1990 Series A (the "Prior
Obligations") and loaned the proceeds thereof to the Community Development
Commission of the City of Baldwin Park formerly the Baldwin Park
Redevelopment Agency (the "Commission"); and
WHEREAS, the Commission has requested that the Authority, and the
Authority desires to, refund the Prior Obligations with the issuance of the
Authority's not to exceed $5,500,000 Tax Allocation Bonds Refunding Bonds
Series 2004 (Central Business District Redevelopment Project) (the "Bonds");
and
WHEREAS, the Bonds will be issued pursuant to the Indenture of Trust
dated as of December 1, 2004 (the "Indenture"), and the Bonds shall be secured
by Tax Revenues (as the term Tax Revenues is defined in the Indenture) and
certain other revenues of the Commission as defined in the Indenture; and
WHEREAS, Banc of America Securities LLC, as underwriter of the Bonds
(the "Underwriter") has informed the Authority that it intends to submit an offer to
purchase the Bonds and shall cause the Disclosure Counsel (as herein defined)
to prepare a Preliminary Official Statement and an Official Statement relating to
such Bonds, as may be necessary in the sale and marketing of the Bonds, the
form of which Preliminary Official Statement is presently on file with the City
Clerk; and
WHEREAS, the City has considered the terms of the transaction as
contemplated herein and desires at this time to approve the terms • said
transaction in the public interests.
4838-2733-5680.1 1
Section 1. Issuance of the Bonds; Approval of Form of Indenture. The
City authorizes the issuance of the Bonds under and pursuant to the Indenture in
the aggregate principal amount of not to exceed $5,500,000.
Section 2. Official Action. The Mayor, Chief Executive Officer, City Clerk
and any and all other officers of the City are hereby authorized and directed, for
and in the name and on behalf of the City, to do any and all things and take any
and all actions, including execution and delivery of any and all assignments,
certificates, requisitions, agreements, notices, consents, instruments of
conveyance, warrants and other documents, which they, or any of them, may
deem necessary or advisable in order to consummate the lawful issuance and
sale of the Bonds as described herein, including the distribution of the
Preliminary Official Statement to any prospective purchasers when the same
shall become available for distribution. Whenever in this Resolution any officer of
the City is authorized to execute or countersign any document or take any action,
such execution, countersigning or action may be taken on behalf of such officer
by any person designated by such officer to act on his or her behalf in the case
such officer shall be absent or unavailable. The City hereby appoints its Mayor
and Chief Executive Officer as agents of the City for purposes of executing any
and all documents and instruments, which any officer of the City is authorized to
execute hereunder.
Section 3. Effective Date. This Resolution shall become effective
immediately upon adoption.
ADOPTED and APPROVED this 1st day of December, 2004.
i I
. 0 A •
Lei I WA Lei = 0-HAI 4 MITI I ON I=
1, Rosemary Ramirez, Chief Deputy City Clerk of the City of Baldwin Park,
do hereby certify that the foregoing resolution was duly and regularly approved
and adopted by the City Council of the City of Baldwin Park at its regular meeting
held on December 1, 2004, by the following vote:
4838-2733-5680.1 2
• 31mommuelell WIL ollomX111,010
NOES: COUNCILMEMBERS:
ABSENT: COUNCILMEMBERS:
ABSTAIN: COUNCILMEMBERS:
ROSEMARY RAMIREZ
CHIEF DEPUTY CITY CLERK
4838-2733-5680.1
s
r �,
�, �, �,
P
WHEREAS, the Community Development Commission formerly the Baldwin Park
Redevelopment Agency (the "Commission") is a public body corporate and politic
organized and existing under the laws of the State of California; and
WHEREAS, the Baldwin Park Financing Authority (the "Authority") is a public
body corporate and politic organized and existing under the laws of the State of
California; and
WHEREAS, the Authority, previously issued the Baldwin Park Financing
Authority Revenue (Tax Allocation) Bonds, 1990 Series A (the "Prior Obligations") and
loaned the proceeds thereof to the Commission pursuant a loan agreement; and
WHEREAS, the Commission desires to refund the Prior Obligations, and has
requested that the Authority issue its not to exceed $5,500,000 Tax Allocation
Refunding Bonds (Central Business District Redevelopment Project) Series 2004 (the
"Bonds") and loan the proceeds thereof to the Commission pursuant to the Loan
Agreement (the "Loan Agreement") dated as of December 1, 2004; and
WHEREAS, the Bonds will be issued pursuant to the Indenture of Trust dated as
of December 1, 2004 (the "Indenture"), and the Bonds shall be secured by Tax
Revenues (as that term is defined in the Indenture) and certain other revenues of the
Commission as defined in the Indenture; and
WHEREAS, Banc of America Securities, LLC, as underwriter of the Bonds (the
"Underwriter") has informed the Commission that it intends to submit an offer to
purchase the Bonds and shall cause the Disclosure Counsel (as herein defined) to
prepare a Preliminary Official Statement and an Official Statement relating to such
Bonds, as may be necessary in the sale and marketing of the Bonds, the form of which
Preliminary Official Statement is presently on file with the Secretary of the Commission;
and
WHEREAS, the Commission has considered the terms of the transaction as
contemplated herein and desires at this time to approve the terms of said transaction in
the public interests of the City, Commission and community.
4838-1062-4000.1
NOW, THEREFORE, THE COMMUNITY DEVELOPMENT COMMISSION OF
THE CITY OF BALDWIN PARK HEREBY FINDS, DETERMINES, RESOLVES AND
ORDERS AS FOLLOWS:
I Section 1. Issuance of Bonds; Approval of Loan Agreement. The Commission
hereby authorizes the issuance of the Bonds under and pursuant to the laws of the
State of California and the Indenture in the aggregate principal amount of not to exceed
$5,500,000 and the preparation of certain financing documents related thereto which
are necessary to carry out the issuance of the Bonds. The Commission hereby
approves the Loan Agreement in the form presently on file with the Secretary of the
Commission with such changes thereto as may be approved by the Chairman or
Executive Director of the Commission and as necessary to incorporate the principal
amount, interest rate, maturity and redemption dates and such other terms and
conditions with respect to the Bonds when such terms and conditions have been
ascertained. The Commission hereby further authorizes and directs that the form of the
Loan Agreement presently on file with the Secretary be converted into the final form of
Loan Agreement together with such changes or modifications as deemed necessary or
desirable by the Chairman or Executive Director of the Commission, upon the
recommendation of Lewis Brisbois Bisgaard & Smith LLP ("Bond Counsel"). The
Chairman, Vice-Chairman, Executive Director or such other authorized officer of the
Commission is hereby authorized and directed to execute and deliver, and the
Secretary or Assistant Secretary is hereby authorized and directed to attest to, the final
form of the Loan Agreement when the same has been prepared for and in the name of
the Commission, and such execution and delivery shall be deemed to be conclusive
evidence of the approval thereof. The Commission hereby authorizes the delivery and
performance of the obligations under the Loan Agreement to accomplish the financing
as contemplated herein.
Section 2. Approval of Bond Purchase Contract The Commission hereby
approves the purchase of the Bonds by the Underwriter in the aggregate principal
amount of not to exceed $5,500,000 pursuant to that certain Bond Purchase Agreement
on file with the Secretary of the Commission (the "Purchase Agreement"). The
Commission hereby further authorizes a form of Purchase Agreement as presently on
file with the Secretary, together with any changes therein or additions thereto approved
by the Chairman, Executive Director or an authorized representative of the Chairman
and as necessary to incorporate the principal amount, the interest rate, the purchase
price and such other terms and conditions when such terms and conditions have been
ascertained.
Section 3. Official Statement; Continuing Disclosure. The Commission hereby
approves the form of the Preliminary Official Statement (the "Preliminary Official
Statement") presently on file with the Secretary. The Commission further authorizes the
distribution of the Preliminary Official Statement as shall be necessary or required in
connection with the sale of the Bonds to prospective purchasers thereof. The
Commission hereby authorizes and directs that the Preliminary Official Statement be
converted to a final Official Statement either as a single document or in several
4838-1062-4000.1 2
documents as may be required under the circumstances to fully provide for the sale and
delivery of the Bonds, together with such changes or modifications as deemed desirable
or necessary in the sale and marketing of the Bonds and as approved by the Chairman
or Executive Director upon the °recommendation of Bond Counsel and the Underwriter.
The Commission hereby authorizes distribution of the Preliminary Official Statement
and the final Official Statement by the Underwriter when the same have been prepared.
The Chairman or Executive Director are hereby authorized and directed to execute the
final form of said Official Statement in the name and on behalf of the Commission and to
deliver the same to the Underwriter upon execution thereof, together with the changes
or modifications approved by the Chairman or the Executive Director. Execution of said
final Official Statement shall be conclusive evidence of approval thereof, including any
such changes and additions.
The Commission hereby approves the form of the Continuing Disclosure
Agreement (the "Agreement") presently on file with the Secretary with such changes
thereto as may be approved by the Chairman or Executive Director of the Commission.
The Commission hereby further authorizes and directs that the form of Continuing
Disclosure Agreement presently on file with the Secretary be converted into the final
form of Continuing Disclosure Agreement, together with such changes or modifications
as deemed necessary or desirable by the Chairman or Executive ' Director of the
Commission, upon the recommendation of Lewis Brisbois Bisgaard & Smith LLP ("Bond
Counsel"). The Chairman, Vice-Chairman, Executive Director or such other authorized
officer of the Commission is hereby authorized and directed to execute and deliver, and
the Secretary or Assistant Secretary is hereby authorized and directed to attest to, the
final form of the Continuing Disclosure Agreement when the same has been prepared
for and in the name of the Commission, and such execution and delivery shall be
deemed to be conclusive evidence of the approval thereof.
Section 4. Official Action. The Chairman, Executive Director, Secretary, Bond
Counsel and any and all other officers of the Commission are hereby authorized and
directed, for and in the name and on behalf of the Commission, to do any and all things
and take any and all actions, including execution and delivery of any and all
assignments, certificates, requisitions, agreements, notices, consents, instruments of
conveyance, warrants and other documents, which they, or any of them, may deem
necessary or advisable in order to consummate the lawful issuance and sale of the
Bonds as described herein. Whenever in this Resolution any officer of the Commission
is authorized to execute or countersign any document or take any action, such
execution, countersigning or action may be taken on behalf of such officer by any
person designated by such officer to act on his or her behalf in the case such officer
shall be absent or unavailable. The Commission hereby appoints its Chairman and
Executive Director as agents of the Commission for purposes of executing any and all
documents and instruments which any officer of the Commission is authorized to
execute hereunder.
Section 5. Effective Date. This Resolution shall become effective immediately
upon adoption.
4838-10624000.1
00 il , 11 111 1 q, Jill 1111pill
ATTEST:
STATE
• CALIFORNIA
COUNTY • LOS ANGELES) SS.
CITY
• BALDWIN PARK )
1, Rosemary Ramirez, Chief Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing resolution was duly and regularly approved and
adopted by the Community Development Commission of the City of Baldwin Park at its
regular meeting held on December 1, 2004, by the following vote:
1,06106"IMMEMAMM
ROSEMARY RAMIREZ
4838-1062-4000.1 4
I It. 4; ioll Loy ffel Z a Us- • I W Ll
WHEREAS, the Baldwin Park Financing Authority (the "Authority") is a public
body corporate and politic organized and existing under the laws of the State of
California; and
WHEREAS, the Authority previously issued the Baldwin Park Financing Authority
Revenue (Tax Allocation) Bonds, 1990 Series A (the "Prior Obligations") and loaned the
proceeds thereof to the Community Development Commission of the City of Baldwin
Park, formerly the Baldwin Park Redevelopment Agency (the "Commission"); and
WHEREAS, the Commission has requested that the Authority, and the Authority
desires to, refund the Prior Obligations with the issuance of the Authority's not to
exceed $5,500,000 Tax Allocation Bonds Refunding Bonds (Central Business District
Redevelopment Project) Series 2004 (the "Bonds"); and
WHEREAS, the Bonds will be issued pursuant to the Indenture of Trust dated as
of December 1, 2004 (the "Indenture"), and the Bonds shall be secured by Tax
Revenues (as the term Pledged Tax Revenues is defined in the Indenture) and certain
other revenues of the Commission as defined in the Indenture; and
WHEREAS, Banc of America Securities, LLC, as prospective underwriter of the
Bonds (the "Underwriter") has informed the Authority that it intends to submit an offer to
purchase the Bonds and shall cause the Disclosure Counsel (as herein defined) to
prepare a Preliminary Official Statement and an Official Statement relating to such
Bonds, as may be necessary in the sale and marketing of the Bonds, the form of which
Preliminary Official Statement is presently on file with the Secretary of the Authority; and
WHEREAS, the Authority has considered the terms of the transaction as
contemplated herein and desires at this time to approve the terms of said transaction in
the public interests of the Authority.
V:K0JJLTJ:&"VAJJJ P 1 1,
M I
Section 1. Issuance of the Bonds; Approval of Form of Indenture; Authorization
of and Direction for Preparation of Final Form Thereof. The Authority hereby authorizes
4818-1413-5296.1
the issuance of the Bonds under and pursuant to the laws of the State of California and
the Indenture in the aggregate principal amount of not to exceed $5,500,000 and the
preparation of certain financing documents related thereto which are necessary to carry
out the issuance of the Bonds. The Authority hereby approves the form of Indenture as
presently on file with the Secretary of the Authority with such changes thereto as may
be approved by the Chairman or Executive Director of the Authority and as necessary to
incorporate the principal amount, interest rate, maturity and redemption dates and such
other terms and conditions with respect to the Bonds when such terms and conditions
have been ascertained. The Authority hereby further authorizes and directs that the
form of Indenture presently on file with the Secretary be converted into the final form of
Indenture, authorizing the issuance of the Bonds together with such changes or
modifications as deemed necessary or desirable by the Chairman or Executive Director
of the Authority, upon the recommendation of Lewis Brisbois Bisgaard & Smith LLP
("Bond Counsel"). The Chairman, Vice-Chairman, Executive Director or such other
authorized officer of the Authority is hereby authorized and directed to execute and
deliver, and the Secretary or Assistant Secretary is hereby authorized and directed to
attest to, the final form of the Indenture when the same has been prepared for and in
the name of the Authority, and such execution and delivery shall be deemed to be
conclusive evidence of the approval thereof. The Authority hereby authorizes the
delivery and performance of the obligations under the Indenture to accomplish the
financing as contemplated herein.
Section 2. Sale of the Bonds. The Authority hereby approves the sale of the
Bonds by negotiated purchase with the Underwriter, pursuant to that certain Bond
Purchase Agreement on file with the Authority (the "Purchase Agreement"), and the sale
of the Bonds pursuant to the Purchase Agreement is hereby approved. The Authority
hereby further authorizes a form of Purchase Agreement as presently on file with the
Secretary, together with any changes therein or additions thereto approved by the
Chairman, Executive Director or an authorized representative of the Chairman and as
necessary to incorporate the principal amount, the interest rate, the purchase price and
such other terms and conditions when such terms and conditions have been
ascertained. The Authority hereby authorizes and directs the Underwriter to cause the
preparation of the final Purchase Agreement of which such terms are a part, and the
Chairman, the Vice-Chairman, Executive Director or such other authorized officer of the
Authority is hereby authorized and directed to evidence the Authority's acceptance of
the offer made by the Purchase Agreement by executing and delivering the Purchase
Agreement in said form as on file with such changes therein as the officer or the officers
executing the same may approve, such approval to be conclusively evidenced by the
execution and delivery thereof.
final Official Statement either as a single document or in several documents as may be
required under the circumstances to fully provide for the sale and delivery of the Bonds,
together with such changes or modifications as deemed desirable or necessary in the
sale and marketing of the Bonds and as approved by the Chairman or Executive
Director upon the recommendation of Bond Counsel and the Underwriter. The Authority
hereby authorizes distribution of the Preliminary Official Statement and the final Official
Statement by the Underwriter when the same have been prepared. The Chairman or
Executive Director are hereby authorized and directed to execute the final form of said
Official Statement in the name and on behalf of the Authority and to deliver the same to
the Underwriter upon execution thereof, together with the changes or modifications
approved by the Chairman or the Executive Director. Execution of said final Official
Statement shall be conclusive evidence of approval thereof, including any such changes
and additions.
The Authority hereby approves the form of the Continuing Disclosure Agreement
(the "Agreement") presently on file with the Secretary with such changes thereto as may
be approved by the Chairman or Executive Director of the Authority. The Authority
hereby further authorizes and directs that the form of Continuing Disclosure Agreement
presently on file with the Secretary be converted into the final form of Continuing
Disclosure Agreement, together with such changes or modifications as deemed
necessary or desirable by the Chairman or Executive Director of the Authority, upon the
recommendation of Lewis Brisbois Bisgaard & Smith ALP ("Bond Counsel"). The
Chairman, Vice-Chairman, Executive Director or such other authorized officer of the
Authority is hereby authorized and directed to execute and deliver, and the Secretary or
Assistant Secretary is hereby authorized and directed to attest to, the final form of the
Continuing Disclosure Agreement when the same has been prepared for and in the
name of the Authority, and such execution and delivery shall be deemed to be
conclusive evidence of the approval thereof.
Section 4. Official Action. The Chairman, Executive Director, Secretary, Bond
Counsel and any and all other officers of the Authority are hereby authorized and
directed, for and in the name and on behalf of the Authority, to do any and all things and
take any and all actions, including execution and delivery of any and all assignments,
certificates, requisitions, agreements, notices, consents, instruments of conveyance,
warrants and other documents, which they, or any of them, may deem necessary •
advisable in order to consummate the lawful issuance and sale of the Bonds as
described herein, including the distribution of the Preliminary Official Statement to any
prospective purchasers when the same shall become available for distribution.
Whenever in this Resolution any officer • the Authority is authorized to execute •
countersign any document or take any action, such execution, countersigning or action
may be taken on behalf of such officer by any person designated by such officer to act
on his or her behalf in the case such officer shall be absent or unavailable. The
Authority hereby appoints its Chairman and Executive Director as agents of the
Authority for purposes • executing any and all documents and instruments which any
officer of the Authority is authorized to execute hereunder.
4818-1413-5296.1 3
The Authority hereby authorizes the payment of all costs of issuance in
connection with the issuance of the Bonds including all legal fees of Bond
Counsel/Disclosure Counsel, bond printing and Trustee's fees. Bills for all such items
shall be submitted to and approved by the Executive Director of the Authority.
Section 5. Approval of Financing Team. The Authority hereby has previously
approved Chilton & Associates, Inc. as underwriter of the Bonds. The Authority hereby
approves the following entities for the respective category of services in connection with
the transactions contemplated by this Resolution:
Bond Counsel: Lewis Brisbois Bisgaard & Smith ALP
Trustee: U. S. Bank National Association
Disclosure Counsel: Lewis Brisbois Bisgaard & Smith, LLP and
Messerli & Kramer
Section 6. Effective Date. This Resolution shall become effective immediately
upon adoption.
PASSED, APPROVED AND ADOPTED this 1 st day of December, 2004.
ATTEST:
STATE OF CALIFORNIA
COUNTY • LOS ANGELES) SS.
CITY
• BALDWIN PARK )
1, Rosemary Ramirez, Chief Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing resolution was duly and regularly approved and
adopted by the Financing Authority of the City of Baldwin Park at its regular meeting
held on December 1, 2004, by the following vote:
FA
rNEW TJA jakflj
FWAI .,I N I F.11 101 M & 11: a L71 1 1011 A
ROSEMARY RAMIREZ
4818-1413-5296.1 4
TO: Honorable Mayor and Members of the City Council
FROM: Jack Wong, Director of Community Developmen t
DATE: December 1, 2004 '
SUBJECT: A request for consideration of a Negative Declaration of
Environmental Impact, an amendment to the General Plan
(AGP-108), a Zone Change 4 Development Plan (DR-
28), and a Tentative Tract Map (TM-62166) — Location: 4958
Maine Avenue; Applicant: Pedro and Martha Maltos.
FUHR-8-0-a
This report requests City Council consideration of a request for approval of:
A Negative Declaration of Environmental Impact; and
2) An Amendment to the City's General Plan Land Use Element to
redesignate a portion of the subject property from Single-Family
Residential to Garden Multi-Family Residential; and
3) A Zone Change from R-1, Single-Family Residential to R-G(PD),
Residential Garden Multi-Family Planned Development for the
entire property; and
4) A Development Plan to allow the construction of a five (5) unit
single-family detached planned development and common lot,
pursuant to Section 153.270 et seq. of the Baldwin Park Municipal
Code; and
5) A Tentative Tract Map to subdivide two (2) lots into six (6) lots for
residential purposes, pursuant to Chapter 152 of the Baldwin Park
Municipal Code.
Lag
A Notice of Public Hearing was published in the San Gabriel Valley Tribune and mailed
to all property owners within a 300-foot radius of the subject properties on October 20,
2004.
AGP-108, Z-542, DR-28 and TM-62166
December 1, 2004
Page 2
The Planning Division has completed an environmental analysis, and has determined
that the project will not have a significant impact upon the environment. Pursuant to that
information, a Draft Negative Declaration of Environmental Impact has been prepared
pending approval by the City Council.
I -MAN 1."M
Half of one lot of the subject property has a current General Plan Land Use designation
of Single-Family Residential and is consistently zoned R-1, Single-Family Residential;
the other has a General Plan Land Use designation of Garden Multi-Family Residential
and is consistently zoned R-G, Residential Garden. The property is irregular in shape
and contains approximately 19,571 square feet (45 acres) of area. The total site area
is essentially flat and contains an existing single-family residence, which will eventually
be demolished. The adjacent zoning and land uses are listed in the table below.
Table 1
Adiacent Zoning & Land Use
Adjacent Pr'o"Oert'y,-
Pro' perty, Use�l
North
R-G
Attached Multi-Family Units
South
R-G
Single-Family Residences
East
R-1
Single-Family Residences
West
R-G
Attached Multi-Family Units
The General Plan Amendment and Zone Change are prerequisites to the preparation
of the subject property for the proposed construction of a five (5) unit single-family
detached planned development and common lot. Currently, the subject property has
two zoning designations. In order for the development to take place, the half portion to
the rear of the property that is zoned R-1, single-family residential will need to be
rezoned to RG, Residential Garden Multi Family, which corresponds to the existing
zoning designation of the front portion. In addition to the change in zoning designation
for that portion of the subject property, the applicant is requesting an additional zone
change for the entire site to add the planned development (PD) overlay. The R-G
zoning of the property does allow for residential developments but the Planned
Development (PD) designation allows for flexible development standards to encourage
and achieve innovative developments exhibiting a superior architecture and site design
quality. Planned Development projects have been proven in the past to be successful
because they provide quality housing with a sense of community, which is compatible
with, and enhances the surrounding neighborhood.
AGP -108, Z -542, DR -28 and TM -62166
December 1, 2004
Page 3
This overall zone change will be beneficial to the City in that it will provide additional
moderate density housing stock, take advantage of the underutilized deep lots and
potentially eliminate blight in the area with a high quality multi - family moderate. density,
single - family detached development. In addition, because this property is in close
proximity to public transportation and within walking distance to commercial retail
centers, this zone change request will be beneficial to the City. The Land Use Element
of the City's General Plan sets goals and policies to address the relationship between
development and land use activity and to provide integration between existing
community qualities and the vision for the future. Maintaining a balanced mix and
distribution of land uses provides opportunities for housing developments at a range of
densities and housing types that accommodate the varied interests and needs of
present and future residents.
The Planned Development Zone contains a provision that requires approval of a
Development Plan before building permits can be issued. Where such a Plan has been
approved, inconsistent development standards of the underlying zone shall be excluded
and superceded by the conditions and standards of the Development Plan.
r •-
The applicant is proposing to construct a five (5) unit single - family detached housing
development with a common lot. According to the plans submitted to the Planning
Division, the five (5) single - family homes will have access from a private driveway
entering from Maine Avenue. Each residential unit will have its own enclosed private
open space, ranging between 530 square feet and 1,564 square feet, which will be
directly accessible from within that unit. This particular design will orientate one the
homes toward Maine Avenue, thus, creating a residential presence. Additional features
of the project include: colored stamped concrete within the driveway area, decorative
block walls and landscaping within common open space areas.
According to the floor plans and elevations, all residential units will be two -story with
livable floor areas ranging from 1,522 square feet to 1,597 square feet (excluding the
garages and balconies) and consist of three (3) bedrooms, three (3) bathrooms and a
two -car garage.
The table below provides detailed information on unit floor areas (including garages)
and private open space areas:
Table 2
Floor Area and ORen Space
Lot Number
Poor Area
Private Open
$ ace Area
1
2,033 s.f.
530 s .ft.
2
2,033 s.f.
650 s .ft.
AGP-1 08, Z-542, DR-28 and TM-62166
December 1, 2004
Paae 4
Number
area~
ki Floot-
Private 0066�,_,
Ir a:�
S'Pace A-e
3
1,774 s.f.
929 sq.ft.
4
2,046 s.f.
1,260 sq.ft.
5
2,046 s.f.
1,660 sq.ft.
- Building Height and Architectural Design
The applicant has proposed to employ different designs and materials that will provide
variety and aesthetic interest throughout the project. The exterior elevations of the
proposed homes will have a mix of classic Spanish Mediterranean style architectural
design. Design elements include a mixture of stucco-finished elevations, faux shutters,
wrought iron and decorative veneers. Roofing material will consist of concrete tile.
Although there are only three different floor plans proposed, each of the proposed units
has been designed to avoid a "monolithic" appearance. The exterior walls and rooflines
are staggered along both the vertical and horizontal planes. The roof and wall
variations, along with the subtle changes in colors, help to visually reduce the mass and
bulk of the buildings. Varying materials are utilized along the front elevation to
emphasize an appealing view from the common areas.
The project will involve the construction of six (6) foot high block walls around the
perimeter of each unit to enclose the private open space areas. Any walls that are
visible from the public right-of-way will be decorative block with a cap. Wall material
and any treatment shall be subject to Planning Division review and approval.
Staff is of the opinion that this project meets the purpose and intent of the Planned
Development Overlay Ordinance and the City's adopted Design Guidelines for Single-
Family Detached Planned Residential Developments. Approval of this project will result
in the improvement of the overall neighborhood.
As a prerequisite for the proposed development, approval of a tentative tract map to
subdivide two (2) lots into six (6) lots for residential purposes is required. The
Tentative Tract Map illustrates the five (5) building footprints for the residential units and
private rear yards. The sixth lot represents the common areas accessible to all owners
within the development such as the guest parking stalls, common driveway, front yard
areas and common open space areas.
The table below provides the total square footage on unit building footprints with their
respective private open space areas and the square footage of the sixth common lot.
AGP-108, Z-542, DR-28 and TM-62166
December 1, 2004
Page 5
Table 3
Common Lot and Individual Lot Sizes
Lot Number
Lot ,Slizb"'
1
2,156 sq.ft.
2
2,123 sq.ft.
3
2,413 sq.ft.
4
2,584 sq.ft.
5
3,038 sq.ft.
6
(Common Lot)
7,249 sq.ft.
ME=
At the November 10, 2004 Planning Commission Meeting, the Commission discussed
the various attributes of the project proposal and expressed concern regarding the
density of the project, limited open space areas, and emergency access. As a result,
the Commission voted to recommend that the City Council approve the general plan
amendment and zone change as requested by the Applicant and develop the project
with four (4) dwelling units, instead of five (5). They reasoned that the reduction of one
unit would allow for more common and private open space areas and easier ingress
and egress while still allowing for a slight increase in the density. Furthermore, the
Commission recommended that the Council adopt the Negative Declaration of
Environmental Impact and approve the tentative tract map with the corresponding
reduction in the number of lots.
Staff also explained to the Commissioners that if this project did not seek the Planned
Development Overlay and developed the project as a typical multi-family development,
the developer could re-propose a five (5) unit attached apartment/condominium style
project, which would not require Planning Commission or City Council review. Adding
the Planned development Overlay allows each of the units to be developed in a
detached manner creating more of a single-family environment and compatibility with
the surrounding neighborhood.
Staff and the Planning Commission recommend that the City Council:
1) Adopt the Negative Declaration of Environmental Impact; and
■
AGP-108, Z-542, DR-28 and TM-62166
December 1, 2004
Paae 6
4) Approve a Tentative Tract Map (TM-62166) to subdivide two (2) lot into six (6)
lots for residential purposes.
Julinflul
1. That the site for the proposed development is physically suitable as the
topography of the site is essentially flat and will be developed with five (5) single-
family detached residential dwelling units at a density allowed by the City's
Zoning Code provided that an Amendment to the City's General Plan (for a
portion of the site), a Development Plan and Zone Change (to RG(PD)
Residential Garden Planned Development for the entire site) are approved; and
2. That the design of the subdivision will not be a threat to the Health, Safety and
Welfare of the citizens of Baldwin Park as the proposed project is a five (5) unit
single-family detached residential dwelling units which is compatible with the
surrounding single-family and multi-family residential zoning designations; and
3. That the Tentative Tract Map will be consistent with the City of Baldwin Park's
General Plan, provided the General Plan amendment is approved; and
4. That development of the sites in accordance with the Tentative Tract Map will not
affect future passive or natural heating or cooling opportunities for the area as
the natural topography of the site is flat and the future development of five (5) 2-
story dwelling units will therefore not affect said opportunities; and
5. That the proposed Tentative Map is in an area serviced by Valley County Water
District and the District has indicated that the proposal will not violate any water
quality standards for the Water District.
AGP-1 08, Z-542, DR-28 and TM-62166
December 1, 2004
Paae 7
1 That the subject Property shall be developed and maintained in substantial
compliance with Exhibit "A", dated November 10, 2004, except as modified
herein by these conditions; and
2. That electric garage door openers shall be provided for each unit; and
3. That sectional roll-up garage doors shall be provided for each unit; and
4. That all landscaped areas must be separated from vehicular areas by a 6"
continuous concrete curb; and
5. That a decorative block wall shall be provided surrounding the property.
Decorative block walls with brick cap will be required along all exterior property
lines that are visible from the public right-of-way and the common driveway,
proposed materials are subject to Planning Division approval. Interior property
line delineator walls shall be precision block with a brick cap; and
6. Each of the homes shall be provided with decorative motion sensor lights at each
garage and main level entrance door. Exterior lighting shall be decorative and
automatically controlled. Manufacturer's literature shall be submitted to the
Planning Division for review and approval when plan are submitted to the
Building Division for plan check; and
7. Each unit shall be pre-wired for an alarm system; and
8. A detailed landscaping plan shall be provided indicating the size, location, and
species of all trees, shrubs, ground cover, and any other plan life proposed.
This plan shall be submitted during plan check phase; and
9. All Landscaping shall be automatically irrigated and a detailed irrigation plan
shall be submitted during the plan check phase; and
10. That the applicant shall submit a copy of the proposed covenants, conditions and
restrictions to the Planning Division prior to obtaining building permits; and
11. That the CC&R's shall reflect that any future addition to individual units shall be
limited to a patio cover which shall not exceed 25% of the rear yard area and
shall meet all zoning code requirements; and
12. That the CC&R's shall reflect that vehicular parking within identified guest
parking stalls shall not exceed seven (7) continuous days within a thirty (30) day
period; and
AGP-1 08, Z-542, DR-28 and TM-62166
December 1, 2004
Page 8
13. That all utilities shall be undergrounded. This includes utility connections to each
individual unit, as well as along the frontage of the property along Maine Ave;
and
14. Provide the following information upon the Plan Check submittal:
A. Three (3) architectural plans and one (1) extra site plan for the Fire
Department
B. Three (3) complete sets of Plans for the City.
C. Two sets of the following are required:
i. Soil Reports
ii. Structural Calculations
iii. Title 24 Energy Calculations
15. That the applicant shall comply with all Los Angeles County Fire Department
comments; and
16. All conditions of the State Map Subdivision Act and City's Subdivision Ordinance
must be met prior to recordation; and
17. All conditions of the Los Angeles County Fire Department must be met prior to
recordation. A written notification or approval plan from the Fire Department
must be submitted to the City; and
18. All special assessments and utilities or sewer connection fees are to be paid
prior to recording the final map; and
19. The developer shall be responsible for the relocation of existing utilities as
necessary. Provide separate utility services to each parcel including water, gas,
electricity, telephone, and cable TV (all underground) in accordance with the
respective utility companies' standards. Easements shall be provided as
required; and
20. Prior to recordation of the final map, a written certification from the Water District,
GTE, SCE, SCG and Adelphia Cable stating that adequate facilities are or will be
available to serve the proposed development shall be submitted to the City.
Such letter must be issued by the utility company at least 30 days prior to
approval of the final map; and
21. A title report/guarantee showing all fee owners and interest holders must be
submitted when a final map is submitted for plan check. This account must
remain open until the final map is filed with the County Recorder. An updated
title report/guarantee must be submitted ton (10) working days prior to approval
of final map; and
22. The final map shall be based on a field survey; and
AGP-1 08, Z-542, DR-28 and TM-62166
December 1, 2004
Page 9
23. All surveying for the proposed development will be done by the developer,
including the establishment of centerline ties; and
24. The surveyor's closure sheets must be enclosed with the final map.
25. New boundary monuments must be set in accordance with the City standards
and subject to approval by the City Engineer.
26. All easements existing prior to final map approval must be identified. If an
easement is blanket or indeterminate in nature, a statement to that effect must
be shown on the final map in lieu of its location.
27. All site grading, landscaping, irrigation, street improvements, sewer and storm
drain improvement plans shall be coordinated for consistency prior to final map
approval.
28. Grading plan (24" x 36") must be designed in compliance with recommendations
of the final detailed soils and engineering geology reports. All remedial
earthworks shall be incorporated on the City's standard mylar. Plans shall be
submitted on the City's standard mylar.
29. Grading plan must be signed and stamped by a registered Civil Engineer.
30. Provide a sewer plan signed by a registered Civil Engineer, designed and drawn
to the satisfaction of the City Engineer. Must be submitted if an on-site main line
facility is proposed. Each building must have a separate and independent
connection to a main line sewer
31. Submit to this office a Soils Report signed by a Registered Soils
Engineer/Registered Civil Engineer.
32. The following off-site improvements must be existing or guaranteed for:
a) Parcel must have separate and independent connections to the main
sewer separate connection of line.
b) Install new 8" sewer line and manhole for the 6" laterals going in each
separate unit.
c) Remove and replace sections of broken curb and gutter along the
frontage of proposed property.
d) Provide streetlights for proposed street per City Master Plan.
e) Remove existing driveway approaches not being utilized and replace
with full height (8" curb).
f) All proposed driveway approaches shall meet the ADA requirements.
g) Install water services and gas services for the proposed development
area.
AGP-1 08, Z-542, DR-28 and TM-62166
December 1, 2004
Page 10
h) Grind 1 1/2 AC and overlay 1 1/2 AC from curb to curb along Maine
Avenue.
i) Plant two trees along Maine Avenue per City Standard.
j) Install landscaped parkway and irrigation system along Maine Avenue
(frontage of proposed development area).
33. The developer shall submit to the City Engineer the total cost estimate for
bonding purposes of all off-site improvements prior to approval of the final map;
and
34. If the City accepts approval of the final map prior to the completion of all required
public improvements, the developer shall enter into a subdivision agreement with
the City and shall post the appropriate security; and
35. A copy of the final map reduced to 8 1/2" x 11" shall be submitted to the
Engineering Division prior to meeting with the Zoning Administrator for the
subject parcel map; and
36. Approval of this tentative map does not constitute approval of the site plan or
building footprints; and
37. The City is being served by a cable TV franchise awarded to Adelphia Cable. All
residential units constructed shall be prewired and made ready for cable TV
connections; and
38. After the final map records, a mylar and two blue line prints shall be submitted to
the Engineering Division at no cost to the City. Final occupancy will not be
granted until the recorded map is received by the Engineering Division; and
39. CC & R must be reviewed and approved by the City Attorney prior to map
recordation; and
40. Provide maps in digital format to the County of Los Angeles per County
requirement; and
41. The final map must be recorded within 24 months or all proceedings shall be
terminated; and
42. That the applicant shall sign a notarized affidavit within twenty (20) days of the
date of this resolution stating that the applicant has read and accepts all of the
conditions of approval.
AGP-1 08, Z-542, DR-28 and TM-62166
December 1, 2004
Page 11
#1 - Exhibit "A" - Development Plan, dated December 1, 2004
#2 - Exhibit "B" - Existing Zoning and Land Use Designations
#3 - Exhibit "C" - Proposed Zoning and Land Use Designation
#4 - Environmental Data — Draft Negative Declaration and Initial Study
#5 - Ordinance 1253
#6 - Resolution 2004-092
AGP -108, Z -542, DR -28 and TM -62166
December 1, 2004
Page 12
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AGP -108, Z -542, DR -28 and TM -62166
December 1, 2004
Paae 13
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AGP -108, Z -542, DR -28 and TM -62166
December 1, 2004
Paae 14
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AGP -108, Z -542, DR -28 and TM -62166
December 1, 2004
Page 15
R I lit �;
1. Project Title:
A request for approval of an amendment to the
City's G8D8[8| Plan Land Use Map, to
redesignate o portion Of the subject pnnpgMv
from Single-Family Residential to K4u/h-F8rni|y
Residential; G zone change from R-1' Single-
Family Residential and R-G' Residential Garden,
to FlG(PD)' K8u/ti'F8noi|y R8S|U8Dtia| Planned
Development; a Development Plan to allow the
construction of a five /5\ unit single-family
detached planned development and common lot;
and 8 tentative tract nnop to subdivide two /2\
lots into six (6) lots for residential purposes.
City of Baldwin Park
144O3E. Pacific Avenue
Baldwin Park, CA 91706
Salvador Lopez J[' Assistant Planner
(626) 813-5261
4958 Maine Ave.
Pedro and Martha M8|tos
3841 St. James Circle
Baldwin Park, CA 91706
Garden K8uKi'Rannik/ RgSidgDd8| / Single-Family
Residential (current)
Garden Multi-Family Residential (o0poSed)
RG/R-1 (current)
RG(PD) (proposed)
9. Surrounding Land Uses Incorporated in 1956' the City Of Baldwin Park is located
and Settings: approximately 17 miles eea[ of downtown LOS ADQ8|aa. The
intersection Of the 1'10 (San Bernardino) and 1'805 /88O Gabriel
River) freeways |igo near the southwest corner ofthis 6.8 square
mile City. Although Baldwin Park is predominantly 8 residential
bedroom CO0rnuDitv, recent efforts have placed 8 greater
emphasis on promoting ConnnOgn:i8| and industrial land uses.
However, the City is near "build-out", focusing efforts on the
Rgd8v8|Op[nnnt of |ond, especially within close proximity t0 the
freeway.
According to the 2000 CenuuS, Baldwin Park has approximately
75'900 persons. This is more than double the population in 1960.
B8|dvviO Pork is predominantly 8 Hispanic working o|euS
onnnnnunitv, although between the 1890 and 2000 Census has
experienced o recent increase in its Asian population. Furthermore,
the City has a considerably larger than average household size
than the County average, suggesting increased pressure on the
City's housing stock and the provision of services.
City of Baldwin Park
1024
5025
5022
5025
1018
5019
5018
5019
012
5013
501
X13
008
5009
it
•
5007
5002
5003
5002
14389
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143
14360
>
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1437C
4975
UJ
4960
4961
4955
4948
4951
4944
4947
,
4938
4941
School
4934
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4935
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4931
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4917
4910
4911
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10. Description of Project:
Introduction, Purpose and Need for the Project:
Recently, the Planning Division has received an application for a Development Plan to develop a
five (5) unit single - family detached residential development. Currently, the zoning for the subject
property is half RG, Residential Garden and half R -1, Single - Family Residential. In order for the
development to take place, an Amendment to the City's General Plan and a zone change will be
required to redesignate the property from a dual zoning to multi - family residential garden.
Additionally, a Zone Change to add a Planned Development (PD) overlay is required. The project
will provide additional quality housing stock within the City.
Project Characteristics:
A request for approval of an amendment to the City's General Plan Land Use Element, to
redesignate a portion of the subject property from Single - Family Residential to Multi - Family
Residential and a zone change from R -1, Single - Family Residential and R -G, Residential Garden, to
R- G(PD), Multi - Family Residential Planned Development. A Development Plan is required to allow
the construction of a five (5) unit single - family detached planned development and common lot,
pursuant to Section 153.271 of the City's Zoning Code. A related request is for approval of a
tentative tract map to subdivide two (2) lots into six (6) lots for residential purposes.
11. Other public agencies whose approval is required (e.g., permits, financing approval,
or participation agreement)
No additional public approvals beyond Planning Commission and City Council will be required for
this project.
12. References
The following are also referenced where appropriate in the Environmental Checklist Form:
a. General Plan
b. Municipal Code
C. Zoning Code
d. Emergency Operations Coordinator
e. Geological Map — Liquefaction Zones
1) A brief explanation is required for all answers, except "No Impact" answers that are
adequately supported by the information sources a lead agency cites in the parentheses
following each question. A "No Impact" answer is adequately supported if the referenced
information sources show that the impact simply does not apply to projects like the one
involved (e.g., the project falls outside a fault rupture zone). A "No Impact" answer should
be explained where it is based on project- specific factor as well as general standards (e.g.,
the project will not expose sensitive receptors to pollutants, based on a project - specific
screening analysis.)
2) All answers must take account of the whole action involved, including offsite as well as
onsite, cumulative as well as project - level, indirect as well as direct, and construction as well
as operational impacts.
3) Once the lead agency has determined that a particular physical impact may occur, then the
checklist answers must indicate whether the impact is potentially significant, less than
significant with mitigation, or less than significant. "Potentially Significant Impact" is
appropriate if there is substantial evidence that an effect may be significant. If there are one
or more "Potentially Significant Impact" entries when the determination is made, an EIR is
required.
4) "Negative Declaration: Less Than Significant With Mitigation Incorporated" applies where
the incorporation of mitigation measures has reduced an effect from "Potentially Significant
Impact" to a "Less Than Significant Impact." The lead agency must describe the mitigation
measures, and briefly explain how they reduce the effect to a less than significant level
(mitigation measures from Section XVII, "Earlier Analyses," may be cross - referenced).
5) Earlier analyses may be used where, pursuant to the tiring, program EIR, or other CEQA
process, an effect has been adequately analyzed in an earlier EIR or negative declaration.
Section 15063(c)(3)(D). In this case, a brief discussion should identify the following:
a) Earlier Analysis Used. Identify and state where they are available for review.
b) Impacts Adequately Addressed. Identify which effects from the above checklist were
within the scope of and adequately analyzed in an earlier document pursuant to
applicable legal standards, and state whether such effects were addressed by
mitigation measures based on the earlier analysis.
c) Mitigation Measures. For effects that are "Less than Significant with Mitigation
Measures Incorporated," describe the mitigation measures, which were incorporated
or refined from the earlier document and the extent to which they address site -
specific conditions for the project.
6) Lead agencies are encouraged to incorporate into the checklist references to information
sources for potential impacts (e.g., general plans, zoning ordinances). Reference to a
previously prepared or outside document should, where appropriate, include a reference to
the page or pages where the statement 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.
I(a). No Impact. The project will not have an adverse affect on a scenic vista or result in
the obstruction of any scenic views.
I(b). No Impact. This project will not result in the damage or destruction of scenic
resources or historical buildings.
I(c). No Impact. This project will not substantially degrade the existing visual character
and quality of the City of Baldwin Park. Through the Design Review process, the
project has been designed so as to ensure no aesthetic offensive site, building or
mechanical equipment will be open to public view. Furthermore, the project is
compatible with the surrounding adjacent properties and consistent with the Design
Guidelines developed by the City.
I(d). No Impact. This project will not create any new source of substantial light or glare
which would adversely affect day or nighttime views in the residential zones.
Less Than
Less Than
Potentially
Significant
Potentially
Significant
Less Than
Significant
I
AESTHETICS
Significant
With
Significant
No Impact
Impact
Impact
Mitigation
Impact
In determining whether impacts to agricultural resources are
Incorporation
Would the project:
a) Have a substantial adverse effect on a scenic vista?
b) Substantially damage scenic resources, including, but not
limited to, trees, rock outcroppings, and historic buildings
(1997) prepared by the California Dept. of Conservation as an
within a state scenic highway?
optional model to use in assessing impacts on agriculture and
C) Substantially degrade the existing visual character or
farmland. Would the project:
quality of the site and its surroundings?
a) Convert Prime Farmland, Unique Farmland, or Farmland of
d) Create a new source of substantial light or glare
which would adversely affect day or nighttime views in the
area?
Program of the California Resources Agency, to non-
I(a). No Impact. The project will not have an adverse affect on a scenic vista or result in
the obstruction of any scenic views.
I(b). No Impact. This project will not result in the damage or destruction of scenic
resources or historical buildings.
I(c). No Impact. This project will not substantially degrade the existing visual character
and quality of the City of Baldwin Park. Through the Design Review process, the
project has been designed so as to ensure no aesthetic offensive site, building or
mechanical equipment will be open to public view. Furthermore, the project is
compatible with the surrounding adjacent properties and consistent with the Design
Guidelines developed by the City.
I(d). No Impact. This project will not create any new source of substantial light or glare
which would adversely affect day or nighttime views in the residential zones.
II(a). No Impact. The proposed project will not convert any type of farmland to a non - agricultural
use.
Less Than
Potentially
Significant
Less Than
II AGRICULTURE RESOURCES
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
In determining whether impacts to agricultural resources are
significant environmental effects, lead agencies may refer to the
California Agricultural Land Evaluation and Site Assessment Model
(1997) prepared by the California Dept. of Conservation as an
optional model to use in assessing impacts on agriculture and
farmland. Would the project:
a) Convert Prime Farmland, Unique Farmland, or Farmland of
Statewide Importance (Farmland), as shown on the maps
prepared pursuant to the Farmland Mapping and Monitoring
Program of the California Resources Agency, to non-
agricultural use?
b) Conflict with existing zoning for agricultural use, or a
Williamson Act contract?
11
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C) Involve other changes in the existing environment which,
due to their location or nature, could result in conversion of
Farmland, to non-agricultural use?
II(a). No Impact. The proposed project will not convert any type of farmland to a non - agricultural
use.
II(b). No Impact. The proposed project will not conflict with the existing residential zoning
designation, agricultural use or a Williamson Act contract.
II(c). No Impact. The project will not result in the conversion of farm land to non - agricultural
uses.
III(a). No Impact. The proposed project does not conflict with any applicable air quality plan. The
City of Baldwin Park is located within the South Coast Air Basin which is a non - attainment
area for selective pollutants. Air pollution is a regional problem. Pollution levels in Baldwin
Park are a result of not only local emissions, but also of those throughout the region.
lll(b). No Impact. The project will not result in a cumulative net increase of pollutants for which the
region is in non - attainment.
III(c). Less Than Significant Impact. The proposed project will not result in a cumulatively
considerable net increase of any criteria pollutant for which the region is in non - attainment.
The Southern California Association of Governments and the South Coast Air Quality
Management District have adopted a South Coast Air Quality Management Plan (SCAQMP).
The proposed project is consistent with that plan and will not have a significant impact upon
air quality. However, there will be temporary increases in air pollutant emissions during the
construction phase. Construction dust and air pollution, however, will be reduced with the
following procedures.
Procedures to reduce air pollution include the following:
1) That the applicant adhere to the SCAQMD Rule 403 insuring the clean up construction
related dirt on approach routes to the site.
2) The watering techniques shall be employed to partially mitigate the impact of
construction generated dust particles.
3) Maintenance and servicing of construction equipment to minimize exhaust emissions.
4) Halting of construction activities during Stage 1 and Stage 2 smog alerts.
Potentially
Less Than
Less Than
III
AIR QUALITY
Significant
Significant With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Where
available, the significance criteria established by the
applicable air quality management or air pollution control district
may be
relief upon to make the following determinations. Would the
project:
El
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11
a) Conflict with or obstruct implementation of the applicable air
quality plan?
El
b) Violate any air quality standard or contribute substantially to
an existing or projected air quality violation?
C) Result in a cumulatively considerable net increase of any
criteria pollutant for which the project region is non -
attainment under an applicable federal or state ambient air
El
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11
quality standard (including releasing emissions which
exceed quantitative thresholds for ozone precursors)?
d) Expose sensitive receptors to substantial pollutant
concentrations?
11
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e) Create objectionable odors affecting a substantial number
of people?
III(a). No Impact. The proposed project does not conflict with any applicable air quality plan. The
City of Baldwin Park is located within the South Coast Air Basin which is a non - attainment
area for selective pollutants. Air pollution is a regional problem. Pollution levels in Baldwin
Park are a result of not only local emissions, but also of those throughout the region.
lll(b). No Impact. The project will not result in a cumulative net increase of pollutants for which the
region is in non - attainment.
III(c). Less Than Significant Impact. The proposed project will not result in a cumulatively
considerable net increase of any criteria pollutant for which the region is in non - attainment.
The Southern California Association of Governments and the South Coast Air Quality
Management District have adopted a South Coast Air Quality Management Plan (SCAQMP).
The proposed project is consistent with that plan and will not have a significant impact upon
air quality. However, there will be temporary increases in air pollutant emissions during the
construction phase. Construction dust and air pollution, however, will be reduced with the
following procedures.
Procedures to reduce air pollution include the following:
1) That the applicant adhere to the SCAQMD Rule 403 insuring the clean up construction
related dirt on approach routes to the site.
2) The watering techniques shall be employed to partially mitigate the impact of
construction generated dust particles.
3) Maintenance and servicing of construction equipment to minimize exhaust emissions.
4) Halting of construction activities during Stage 1 and Stage 2 smog alerts.
III(d). No Impact. The proposed project will not expose any nearby sensitive receptors to
substantial pollutant concentrations.
III(e). No Impact. The proposed project will not create objectionable odors affecting a substantial
number of people.
IV(a). No Impact. The project will not have any effect on any species identified by the California
Department of Fish and Game or the US Fish and Wildlife Service.
IV(b). No Impact. The project will not have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in any local or regional plans, policies
regulations or by the California Department of Fish and game or by the U.S. Fish and
Wildlife Service.
IV(c). No Impact. The project will not have a substantial effect on federally protected wetlands as
defined by Section 404 of the Clean Water Act. There are no federally protected wetlands
within the City of Baldwin Park.
IV(d). No Impact. The project will not interfere with the movement of any native resident or
migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites as the City of Baldwin Park is
within an urbanized area and not within five (5) miles of a wildlife corridor.
IV(e). No Impact. The proposed project does not conflict with any local policies or ordinances
protecting biological resources as the City of Baldwin Park does not have any ordinances
protecting trees, wildlife, etc...
Less Than
Potentially
Significant
Less Than
IV
BIOLOGICAL RESOURCES
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
a) Have a substantial adverse effect, either directly or through
habitat modifications, on any species identified as a
candidate, sensitive or special status species in local or
regional plans, policies, or regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service.
b) Have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in local or
regional plans, policies, regulations, or by the California
Department of Fish and Game or U.S. Fish and Wildlife
Service.
C) Have a substantial adverse effect on federally protected
wetlands as defined by Section 404 of the Clean Water Act
(including, but not limited to, marsh, vernal pool, coastal,
etc.) through direct removal, filling, hydrological interruption,
or other means?
d) Interfere substantially with the movement of any native
resident or migratory fish or wildlife species or with
established native resident or migratory wildlife corridors, or
impede the use of native wildlife nursery sites
e) Conflict with any local policies or ordinances protecting
biological resources, such as a tree preservation policy or
ordinance?
f) Conflict with the provisions of an adopted Habitat
Conservation Plan, Natural Community Conservation Plan,
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or other approved local, regional, or state habitat
conservation plan?
IV(a). No Impact. The project will not have any effect on any species identified by the California
Department of Fish and Game or the US Fish and Wildlife Service.
IV(b). No Impact. The project will not have a substantial adverse effect on any riparian habitat or
other sensitive natural community identified in any local or regional plans, policies
regulations or by the California Department of Fish and game or by the U.S. Fish and
Wildlife Service.
IV(c). No Impact. The project will not have a substantial effect on federally protected wetlands as
defined by Section 404 of the Clean Water Act. There are no federally protected wetlands
within the City of Baldwin Park.
IV(d). No Impact. The project will not interfere with the movement of any native resident or
migratory fish or wildlife species or with established native resident or migratory wildlife
corridors, or impede the use of native wildlife nursery sites as the City of Baldwin Park is
within an urbanized area and not within five (5) miles of a wildlife corridor.
IV(e). No Impact. The proposed project does not conflict with any local policies or ordinances
protecting biological resources as the City of Baldwin Park does not have any ordinances
protecting trees, wildlife, etc...
IV(f). No Impact. The project proposal 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.
• •' • •
V(a). No Impact. The project will not cause a substantial adverse change in the significance of a
historical resource.
V(b). No Impact. The project will not cause a substantial adverse change in the significance of an
archaeological resource.
V(c). No Impact. The project will not directly or indirectly destroy a unique paleontological
resource or geological feature.
V(d). No Impact. The project is not expected to disturb any human remains. The City of Baldwin
Park does not have any cemeteries.
Less Than
Potentially
Significant
Less Than
V
CULTURAL RESOURCES
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
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a) Cause a substantial adverse change in the significance of a
adverse
historical resource as defined in Section 15064.5?
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b) Cause a substantial adverse change in the significance of
i) Rupture of a known earthquake fault, as delineated on
the most recent Alquist- Priolo Earthquake Fault Zoning Map
an archaeological resource pursuant to Section 15064.5?
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C) Directly or indirectly destroy a unique paleontological
resource or site or unique geological feature?
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substantial evidence of a known fault? Refer to Division of
d) Disturb any human remains, including those interred
formal
outside of cemeteries?
Mines and Geology Special Publication 42.
• •' • •
V(a). No Impact. The project will not cause a substantial adverse change in the significance of a
historical resource.
V(b). No Impact. The project will not cause a substantial adverse change in the significance of an
archaeological resource.
V(c). No Impact. The project will not directly or indirectly destroy a unique paleontological
resource or geological feature.
V(d). No Impact. The project is not expected to disturb any human remains. The City of Baldwin
Park does not have any cemeteries.
Less Than
Potentially
Significant
Less Than
VI
GEOLOGY AND SOILS
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
a) Expose people or structures to potential substantial
adverse
effects, including the risk of loss, injury, or death involving:
i) Rupture of a known earthquake fault, as delineated on
the most recent Alquist- Priolo Earthquake Fault Zoning Map
issued by the State Geologist for the area or based on other
substantial evidence of a known fault? Refer to Division of
Mines and Geology Special Publication 42.
ii) Strong seismic ground shaking?
iii) Seismic - related ground failure, including liquefaction?
iv) Landslides?
b) Result in substantial soil erosion or the loss of topsoil?
C) Be located on a geologic unit or soil that is unstable, or that
would become unstable as a result of the project, and
potentially result in on or offsite landslide, lateral spreading,
subsidence, liquefaction or collapse?
d) Be located on expansive soil, as defined in Table 18 -1 -B of
the Uniform Building Code (1994), creating substantial risk
to life or property?
e) Have soils incapable of adequately supporting the use of
septic tanks or alternative wastewater disposal systems
where sewers are not available for the disposal of
wastewater?
Explanation of Checklist Judgements:
VI(a). No Impact. The proposed project will not expose people or structures to potential
substantial adverse effects involving the rupture of a known earthquake fault. According to
the City's General plan, there are no active faults within the City of Baldwin Park, therefore
no Alquist - Priolo Special Study Zones are within the City.
Although there are no active faults within the City of Baldwin Park, there are several major
faults surrounding the City, which have the potential for causing major damage; however,
the occurrence of direct ground rupture is not likely according to the City's General Plan.
Potential for this type of activity is similar throughout Southern California and no unique or
unusual risk is posed by the proposed project.
According to the Seismic Hazard Zones Map dated 3/99 from the State Department of
Geology and Mines, the project area is not within a liquefaction zone.
VI(b). No Impact. The City is located in a relatively flat urbanized area with a very low potential for
wind and water erosion of soils.
VI(c). No Impact. The City is not located on a geological unit or soil that is unstable and could
result in landslide, spreading liquefaction or collapse according to the Seismic Hazards Zone
Map dated March 25, 1999 from the State geologists Office.
VI(d). No Impact. The City and the project area are located on a very low to low expansive soil as
defined in Table 18 -1 -B of the UBC (1997). Therefore the project will not create any risk to
life or property.
VI(e). No Impact. The proposed project's location does have sewers available for the disposal of
wastewater. Furthermore, the soils at the proposed location can adequately support the use
of the sewers.
Less Than
VII
HAZARDS AND
Potentially
Significant
Less Than
HAZARDOUSMATERIALS
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
a) Create a significant hazard to the public or the environment
through the routine transport, use, or disposal of hazardous
materials?
b) Create a significant hazard to the public or the environment
through reasonably foreseeable upset and accident
conditions involving the release of hazardous materials into
the environment?
C) Emit hazardous emissions or handle hazardous or acutely
hazardous materials, substances, or waste within one-
quarter mile of an existing or proposed school?
d) Be located on a site which is included on a list of hazardous
materials sites compiled pursuant to Government Code
Section 65962.5 and, as a result, would it create a
significant hazard to the public or the environment?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
result in a safety hazard for people residing or working in
the project area?
f) For a project within the vicinity of a private airstrip, would
the project result in a safety hazard for people residing or
working in the project area?
g) Impair implementation of or physically interfere with an
Less Than
adopted emergency response plan or emergency
VIII
HYDROLOGY AND WATER
evacuation Ian?
Significant
Less Than
h) Expose people or structures to a significant risk of loss,
injury or death involving wildland fires, including where
Significant
With
Significant
wildlands are adjacent to urbanized areas or where
Impact
residences are intermixed with wildlands?
Impact
W.M. • - y--
VII(a). No Impact. The project will not create a significant hazard to the public through the routine
transport use or disposal of hazardous materials. It is not anticipated that there will be any
hazardous materials associated with the proposed project.
VII(b). No Impact. There will be no significant hazard to the public or the environment regarding the
upset or release of hazardous materials into the environment.
VII(c). No Impact. The 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 that is included on a list of
hazardous materials sites.
VII(e). No Impact. The project is not located within an airport land use plan or within two miles of a
public airport, and therefore would not create a hazard to people residing or working in the
area.
VII(f). No Impact. Since the project is not within the vicinity of a private airstrip, the project would
not create a safety hazard for people residing or working in the project area.
VII(g). No Impact. According to the City's Emergency Operations Coordinator, the project proposal
will not impair implementation or physically interfere with the City's adopted emergency plan
or emergency evacuation plan.
VII(h). No Impact. The project proposal is within a highly urbanized area and will therefore not
expose people or structures to a significant risk of loss, injury or death involving wildland
fires.
Less Than
VIII
HYDROLOGY AND WATER
Potentially
Significant
Less Than
QUALITY
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project,
a) Violate any water quality standards or waste discharge
requirements?
b) Substantially deplete groundwater supplies or interfere
substantially with groundwater recharge such that there
would be a net deficit in aquifer volume or a lowering of the
local groundwater table level (e.g., the production rate of
pre- existing nearby wells would drop to a level which would
not support existing land uses or planned uses for which
permits have been granted)?
C) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, in a manner which would result in
substantial erosion or siltation on or offsite?
d) Substantially alter the existing drainage pattern of the site or
area, including through the alteration of the course of a
stream or river, or substantially increase the rate or amount
of surface runoff in a manner which would result in flooding
on or offsite?
VIII(a). No Impact. The proposed project will not violate any water quality standards or waste
discharge requirements, as the facility will generate minimal amounts of solid waste typical
for this particular residential use. In addition, the applicant will be required to implement the
requirements of the National Pollution Elimination Discharge System (NPDES), which
regulates water quality runoff.
VIII(b). No Impact. The proposed project will not deplete groundwater supplies or interfere with
groundwater recharge.
VIII(c). No Impact. The proposed project will not substantially alter the course of an adjacent
stream or river, which would result in erosion, or siltation of the site as there is no stream or
river running through the City, which the exception of the channelized San Gabriel River.
VIII(d). No Impact. The proposed project will not substantially alter the drainage patterns of the City
and will not alter the course of a stream or river, as there are no streams or rivers in the City
with the exception of the channelized San Gabriel River.
VIII(e). No Impact. The proposed project will not create or contribute run -off, which would exceed
the capacity of the existing storm drain system. Nor will the proposed project provide any
polluted run -off.
VIII(f). No Impact. The project will not degrade the existing water quality because of the limited
amount of impervious surfaces associated with the project.
VIII(g). No Impact. The project proposal will not place housing within a 100 -year flood hazard area.
Furthermore, the City is not within a Flood Zone. Federal Emergency Management
Association (FEMA) has the City of Baldwin Park classified as Zone C- 060100.
VIII(h). No Impact. The proposal is not within a 100 -year flood hazard area. FEMA has classified
the City of Baldwin Park as Zone C- 060100.
VIII(i). No Impact. The project proposal will not expose people or structures to a significant risk of
loss involving flooding as a direct result of the failure of a levee or dam. Although the Santa
Fe dam is located directly adjacent to the City across Arrow Highway, large -scale flooding as
a result of failure of this particular dam is negligible due to the design of the dam in that
water is present in the dam only a few months of the year.
Less Than
VIII
HYDROLOGY AND WATER
Potentially
Significant
Less Than
QUALITY
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
e)
Create or contribute runoff water which would exceed the
capacity of existing or planned storm water drainage
systems or provide substantial additional sources of
polluted runoff.
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f) Otherwise substantially degrade water quality?
g) Place housing within a 100 -year flood hazard area as
mapped on a federal Flood Hazard Boundary or Flood
Insurance Rate Map or other flood hazard delineation map?
h) Place within a 100 -year flood hazard area structures which
would impede or redirect flood flows?
i) Expose people or structures to a significant risk of loss,
injury or death involving flooding, including flooding as a
result of the failure of a levee or dam?
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j) Inundation by seiche, tsunami, or mudflow?
VIII(a). No Impact. The proposed project will not violate any water quality standards or waste
discharge requirements, as the facility will generate minimal amounts of solid waste typical
for this particular residential use. In addition, the applicant will be required to implement the
requirements of the National Pollution Elimination Discharge System (NPDES), which
regulates water quality runoff.
VIII(b). No Impact. The proposed project will not deplete groundwater supplies or interfere with
groundwater recharge.
VIII(c). No Impact. The proposed project will not substantially alter the course of an adjacent
stream or river, which would result in erosion, or siltation of the site as there is no stream or
river running through the City, which the exception of the channelized San Gabriel River.
VIII(d). No Impact. The proposed project will not substantially alter the drainage patterns of the City
and will not alter the course of a stream or river, as there are no streams or rivers in the City
with the exception of the channelized San Gabriel River.
VIII(e). No Impact. The proposed project will not create or contribute run -off, which would exceed
the capacity of the existing storm drain system. Nor will the proposed project provide any
polluted run -off.
VIII(f). No Impact. The project will not degrade the existing water quality because of the limited
amount of impervious surfaces associated with the project.
VIII(g). No Impact. The project proposal will not place housing within a 100 -year flood hazard area.
Furthermore, the City is not within a Flood Zone. Federal Emergency Management
Association (FEMA) has the City of Baldwin Park classified as Zone C- 060100.
VIII(h). No Impact. The proposal is not within a 100 -year flood hazard area. FEMA has classified
the City of Baldwin Park as Zone C- 060100.
VIII(i). No Impact. The project proposal will not expose people or structures to a significant risk of
loss involving flooding as a direct result of the failure of a levee or dam. Although the Santa
Fe dam is located directly adjacent to the City across Arrow Highway, large -scale flooding as
a result of failure of this particular dam is negligible due to the design of the dam in that
water is present in the dam only a few months of the year.
VIII(j). No Impact. Since Baldwin Park is an inland City, it could not experience a tsunami and the
few bodies of water in Baldwin Park are small enough that they would not be able to produce
a seiche large enough to cause any damage. Furthermore, Baldwin Park is an urbanized
City with no hillsides to speak of and therefore, damage caused by mudflow would be
negligible.
Explanation of Checklist Judgements:
IX(a). Less Than Significant Impact. The proposed Zone Change and General Plan Amendment
will not physically divide an established community but will increase the allowable density
previously allowed in the single - family residential zone. The maximum permitted density for
the current single - family zoning is 0 to 8.7 du /ac. The maximum permitted density for the
newly created residential garden zoning will be 8.8 to 12 du /ac. This increase in moderate
density will allow for the construction of a five (5) unit residential planned development
provided that the development meets all standards and criteria set forth in the City's Zoning
Code and Design Guidelines.
Once the zoning on the said parcel is changed, pursuant to this approval, the lots will share
a common rear lot line with an R -1 zoned lot. In order to lessen the effects of multi - family
developments, the City's Zoning Code requires, as part of the development standards, a
rear yard depth of not less than twenty (20) feet. This project provides for the minimum
twenty foot setback as required of the City's Zoning Code.
IX(b). No Impact. The proposed project is not in conflict with any land use plan, policy or
regulation of an agency that has jurisdiction over the project, in that the City has initiated an
amendment to the City's General Plan Land Use Element to redesignate the adjacent
properties from single- family residential to multi - family residential garden. Thus, not creating
any conflict with the land use map (proposed to be amended) once the City initiated request
is approved.
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 project.
Less Than
Less Than
Potentially
Significant
Potentially
Significant
Less Than
Significant
IX
LAND USE AND PLANNING
Significant
With
Significant
No Impact
Impact
Impact
Mitigation
Impact
Would the project.
Incorporation
Would the project.
of the State?
a) Physically divide an established community?
b) Conflict with any applicable land use plan, policy, or
plan, specific plan, or other land use plan?
regulation of an agency with jurisdiction over the project
(including, but not limited to the general plan, specific plan,
local coastal program, or zoning ordinance) adopted for the
purpose of avoiding or mitigating an environmental effect?
C) Conflict with any applicable habitat conservation plan or
natural community conservation plan?
Explanation of Checklist Judgements:
IX(a). Less Than Significant Impact. The proposed Zone Change and General Plan Amendment
will not physically divide an established community but will increase the allowable density
previously allowed in the single - family residential zone. The maximum permitted density for
the current single - family zoning is 0 to 8.7 du /ac. The maximum permitted density for the
newly created residential garden zoning will be 8.8 to 12 du /ac. This increase in moderate
density will allow for the construction of a five (5) unit residential planned development
provided that the development meets all standards and criteria set forth in the City's Zoning
Code and Design Guidelines.
Once the zoning on the said parcel is changed, pursuant to this approval, the lots will share
a common rear lot line with an R -1 zoned lot. In order to lessen the effects of multi - family
developments, the City's Zoning Code requires, as part of the development standards, a
rear yard depth of not less than twenty (20) feet. This project provides for the minimum
twenty foot setback as required of the City's Zoning Code.
IX(b). No Impact. The proposed project is not in conflict with any land use plan, policy or
regulation of an agency that has jurisdiction over the project, in that the City has initiated an
amendment to the City's General Plan Land Use Element to redesignate the adjacent
properties from single- family residential to multi - family residential garden. Thus, not creating
any conflict with the land use map (proposed to be amended) once the City initiated request
is approved.
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 project.
Less Than
Potentially
Significant
Less Than
MINERAL RESOURCES
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project.
a) Result in the loss of availability of a known mineral resource
that would be of future value to the region and the residents
of the State?
b) Result in the loss of availability of a locally- important
mineral resource recovery site delineated on a local general
plan, specific plan, or other land use plan?
Explanation of Checklist Judgements:
X(a). No Impact. The project will not result in the loss of a known mineral resource that would be
of future value to the region or the residents of the State. There are no known mineral
resources located within the City of Baldwin Park according to the City's General Plan.
X(b). No Impact. The project will not result in the loss of a locally important mineral resource
recovery site, as the City's General Plan does not indicate any known mineral resources.
Explanation of Checklist Judgements:
XI(a). Less Than Significant Impact. The proposed project will not result in the exposure of
persons to or generation of noise levels in excess of standards established in the City's
General Plan, noise ordinance or applicable standards of other agencies.
Noise levels would increase temporarily during the construction phase of the project.
Construction is regulated by the City and is addressed in the Municipal Code to limit overall
noise levels to an acceptable range. Increased population and development will result in
increasing noise from a variety of sources commonly found in an urban environment (human
activities, mechanical equipment, automobiles, pets, etc.). This increase is considered to be
less than significant.
XI(b). No Impact. The project will not result in the exposure of persons to generation of excess
ground borne vibration or ground borne noise levels.
XI(c). No Impact. The project will not result in a substantial permanent increase of ambient noise
levels.
XI(d). No Impact. The project will not result in a substantial or periodic increase in ambient noise
levels above levels that exist.
XI(e). No Impact. The City of Baldwin Park is not located within an airport land use plan not within
two miles of an airport. Therefore, the amendment will not expose people to excessive
noise levels.
Less Than
Potentially
Significant
Less Than
XI
NOISE
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project result in:
a) Exposure of persons to or generation of noise levels in
excess of standards established in the local general plan or
noise ordinance, or applicable standards of other agencies?
b) Exposure of persons to or generation of excessive ground
borne vibration or ground borne noise levels?
C) A substantial permanent increase in ambient noise levels in
the project vicinity above levels existing without the project?
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d) A substantial temporary or periodic increase in ambient
noise levels in the project vicinity above levels existing
without the project?
e) For a project located within an airport land use plan or,
where such a plan has not been adopted, within two miles
of a public airport or public use airport, would the project
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expose people residing or working in the project area to
excessive noise levels?
f) For a project within the vicinity of a private airstrip, would
the project expose people residing or working in the project
area to excessive noise levels?
Explanation of Checklist Judgements:
XI(a). Less Than Significant Impact. The proposed project will not result in the exposure of
persons to or generation of noise levels in excess of standards established in the City's
General Plan, noise ordinance or applicable standards of other agencies.
Noise levels would increase temporarily during the construction phase of the project.
Construction is regulated by the City and is addressed in the Municipal Code to limit overall
noise levels to an acceptable range. Increased population and development will result in
increasing noise from a variety of sources commonly found in an urban environment (human
activities, mechanical equipment, automobiles, pets, etc.). This increase is considered to be
less than significant.
XI(b). No Impact. The project will not result in the exposure of persons to generation of excess
ground borne vibration or ground borne noise levels.
XI(c). No Impact. The project will not result in a substantial permanent increase of ambient noise
levels.
XI(d). No Impact. The project will not result in a substantial or periodic increase in ambient noise
levels above levels that exist.
XI(e). No Impact. The City of Baldwin Park is not located within an airport land use plan not within
two miles of an airport. Therefore, the amendment will not expose people to excessive
noise levels.
XI(f). No Impact. The City of Baldwin Park is not within the vicinity of a private airstrip. Therefore,
the amendment will not expose people to excessive noise levels.
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XII(a). Less Than Significant Impact. The provision of five (5) residential units will increase the
population of the area, which may result in higher levels of traffic and increased demands on
municipal agencies. The increase in population will not create a significant impact.
According to the Population and Housing Estimates for Individual Counties from the
Department of Finance, a slight increase would be expected to occur with an average of 4.4
persons per dwelling, which creates an approximate increase of twenty -two (22) persons.
The potential result of increased manpower and equipment needed to serve citywide
demands are evaluated annually. The provision of five (5) residential units is considered a
beneficial impact. The project is in compliance with the City's General Plan.
XII(b). No Impact. The proposed project will not displace any existing housing units that will
necessitate the replacement or construction of residential units.
XII(c). No Impact. The proposed project will not displace substantial number of individuals /families
necessitating the construction of replacement housing as the development will be in
compliance with the General Plan and applicable zoning regulations.
Less Than
Less Than
Potentially. S
Significant L
Potentially
Significant
Less Than
Significant W
XII
POPULATION AND HOUSING
Significant
With
Significant
No Impact
Impact
Impact
Mitigation
Impact
Would the project: result in substantial adverse physical impacts
Incorporation
Would the project:
a) Induce substantial population growth in an area, either
directly (for example, by proposing new homes and
governmental facilities, the construction of which could cause
businesses) or indirectly (for example, through extension of
significant environmental impacts, in order to maintain acceptable
roads or other infrastructure)?
service ratios, response times or other performance objectives for
b) Displace substantial numbers of existing housing,
necessitating the construction of replacement housing
any of the public services?
elsewhere?
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a) Fire protection? E
C) Displace substantial numbers of people, necessitating the
housing
C) Schools?
construction of replacement elsewhere?
e) Other public facilities?
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XII(a). Less Than Significant Impact. The provision of five (5) residential units will increase the
population of the area, which may result in higher levels of traffic and increased demands on
municipal agencies. The increase in population will not create a significant impact.
According to the Population and Housing Estimates for Individual Counties from the
Department of Finance, a slight increase would be expected to occur with an average of 4.4
persons per dwelling, which creates an approximate increase of twenty -two (22) persons.
The potential result of increased manpower and equipment needed to serve citywide
demands are evaluated annually. The provision of five (5) residential units is considered a
beneficial impact. The project is in compliance with the City's General Plan.
XII(b). No Impact. The proposed project will not displace any existing housing units that will
necessitate the replacement or construction of residential units.
XII(c). No Impact. The proposed project will not displace substantial number of individuals /families
necessitating the construction of replacement housing as the development will be in
compliance with the General Plan and applicable zoning regulations.
• •
E#: •
XIII(a). Less Than Significant Impact. The proposed project should not result in the additional need
for new or altered fire protection and will not alter acceptable service ratios or response
Less Than
Potentially. S
Significant L
Less Than
XIII PUBLIC SERVICES S
Significant W
With S
Significant N
No Impact
Impact M
Mitigation I
Impact
Incorporation
Would the project: result in substantial adverse physical impacts
associated with the provision of new or physically altered
governmental facilities, need for new or physically altered
governmental facilities, the construction of which could cause
significant environmental impacts, in order to maintain acceptable
service ratios, response times or other performance objectives for
any of the public services?
El
a) Fire protection? E
b) Police protection?
C) Schools?
d) Parks?
e) Other public facilities?
E#: •
XIII(a). Less Than Significant Impact. The proposed project should not result in the additional need
for new or altered fire protection and will not alter acceptable service ratios or response
times. Whether or not the project would require additional police service or fire staff
depends on the total requirements of the City and County. Currently the City is served by
Station 29, which is located at Los Angeles Street and Maine Avenue.
XIII(b). Less Than Significant Impact. Public services are already in place to serve this
development. An increase in public services would be considered less than significant. The
project may result in some increase in police calls.
XIII(c). Less Than Significant Impact. The net impact of the project on the school facilities will be
minimal. There would be a slight increase in local school enrollment. If viewed as an
isolated occurrence, the project would result in an estimated increase in population of up to
22 persons (5 units x 4.4 persons per unit) with up to nine (9) school -aged children (40% of
the total between the ages of 0 -20). School impact fees collected prior to occupancy are
intended to offset any potential demand for new school facilities.
School Development fees in the amount of $2.14/s.f. shall be paid to the Baldwin Park
Unified School District prior to obtaining building permits. These fees are considered to
provide full and complete school facilities.
XIII(d). Less Than Significant Impact. Although residential development for this proposed project
will increase the population, the project is not expected to significantly impact the City's
existing parks or recreational facilities. The City's Development Tax collected prior to
occupancy is intended to offset any potential demand for recreational facilities.
XIII(e). No Impact. The proposed project will not require the need for new or physically altered
public facilities.
XIV(a). No Impact. The proposed project is not expected to significantly impact the City's existing
parks or recreational facilities.
XIV(b). No Impact. The proposed project 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
Significant
Potentially
Significant
Less Than
Significant
XIV
RECREATION
Significant
With
Significant
No Impact
Impact
Impact
Mitigation
Impact
Would the project:
Incorporation
a)
Would the project increase the use of existing
El
0
El
vehicle trips, the volume to capacity ratio on roads, or
neighborhood and regional parks or other recreational
El
El
1:1
congestion at intersections)?
facilities such that substantial physical deterioration of the
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways?
facility would occur or be accelerated?
b) Does the project include recreational facilities or require the
construction or expansion of recreational facilities which
might have an adverse physical effect on the environment?
XIV(a). No Impact. The proposed project is not expected to significantly impact the City's existing
parks or recreational facilities.
XIV(b). No Impact. The proposed project does not require the construction or expansion of
recreational facilities, which might have an adverse physical effect on the environment.
Less Than
Potentially
Significant
Less Than
XV TRANS PO RTATIO N/TR FFIC
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would the project:
a) Cause an increase in traffic which is substantial in relation
to the existing traffic load and capacity of the street system
(i.e., result in a substantial increase in either the number of
El
0
El
vehicle trips, the volume to capacity ratio on roads, or
congestion at intersections)?
b) Exceed, either individually or cumulatively, a level of
service standard established by the county congestion
management agency for designated roads or highways?
C)
Result in a change in air traffic patterns, including either an
increase in traffic levels or a change in location that results
Less Than
XVl
in substantial safety risks?
Potentially
Significant
Less Than
d) Substantially increase hazards due to a design feature
(e.g., sharp curves or dangerous intersections) or
SYSTEMS
incompatible uses (e.g., farm equipment)?
With
Significant
No Impact
e) Result in inadequate emergency access?
f) Result in inadequate parking capacity?
g) Conflict with adopted policies, plans, or programs
supporting alternative transportation (e.g., bus turnouts,
Impact
bicycle racks)?
Incorporation
Explanation of Checklist Judgements:
XV(a). Less Than Significant Impact. The proposed project will result in an estimated increase in
traffic generated by the net gain of 5 residential units, which will be less than a significant
impact.
XV(b). No Impact. The proposal 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 proposal 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 proposal will not increase hazards due to a design feature or incompatible
uses, as the project does not include new construction of streets.
XV(e). No Impact. The project will not result in inadequate emergency access.
XV(f). No Impact. The proposed project will not have an impact on existing parking facilities or
create a need for new parking as the site meets the required parking standards contained
within the Municipal Code. Private parking areas contained within the required two car
garages will be provided for each dwelling unit as well as guest parking.
XV(g). No Impact. The proposed project will not conflict with adopted policies, plans or programs
supporting alternative transportation.
Less Than
XVl
UTILITIES AND SERVICE
Potentially
Significant
Less Than
SYSTEMS
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Would
the project:
a) Exceed wastewater treatment requirements of the
applicable Regional Water Quality Control Board?
b) Require or result in the construction of new water or
wastewater treatment facilities or expansion of existing
facilities, the construction of which could cause significant
environmental effects?
C) Require or result in the construction of new storm water
drainage facilities or expansion of existing facilities, the
construction of which could cause significant environmental
effects?
d) Have sufficient water supplies available to serve the project
from existing entitlements and resources, or are new or
expanded entitlements needed?
e) Result in a determination by the wastewater treatment
provider which serves or may serve the project that it has
F-1
11
11
adequate capacity to serve the project's projected demand
in addition to the provider's existing commitments?
f) Be served by a landfill with sufficient permitted capacity to
accommodate the project's solid waste disposal needs?
r • � s�-
XVI(a). No Impact. The proposed project will not exceed wastewater treatment requirements of the
Regional Water Quality Control Board.
XVI(b). No Impact. The proposed project will not require the construction of new water or
wastewater treatment facilities or the expansion of existing facilities.
XVI(c). No Impact. The project site is not within a flood zone area. The increase in impervious
surfaces primarily due to the proposed street will marginally increase runoff from the project
area. The project will be required to provide satisfactory drainage to available storm drains.
XVI(d). No Impact. The project 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). Less Than Significant Impact. A net gain in 5 residential units will increase the demand for
solid waste disposal; however, the level of solid waste generation is small in comparison to
total solid waste disposal on a regional level. The City in an effort to reduce the amount of
solid waste disposed, currently provides recycling containers to residents for the recycling of
paper, glass, plastic and aluminum. Waste Management, the City waste hauler utilizes the
Puente Hills landfill which has enough permitted capacity to accommodate the proposed
project's waste disposal needs.
XVI(g). No Impact. The proposed project will comply with all federal, state and local statutes relating
to solid waste.
Less Than
Less Than
XVII UTILITIES AND SERVICE
Potentially
Significant
Less Than
Significant
SYSTEMS
Significant
With
Significant
No Impact
With
Impact
Mitigation
Impact
Impact
Mitigation
Incorporation
g) Comply with federal, state, and local statutes and
regulations related to solid waste?
r • � s�-
XVI(a). No Impact. The proposed project will not exceed wastewater treatment requirements of the
Regional Water Quality Control Board.
XVI(b). No Impact. The proposed project will not require the construction of new water or
wastewater treatment facilities or the expansion of existing facilities.
XVI(c). No Impact. The project site is not within a flood zone area. The increase in impervious
surfaces primarily due to the proposed street will marginally increase runoff from the project
area. The project will be required to provide satisfactory drainage to available storm drains.
XVI(d). No Impact. The project 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). Less Than Significant Impact. A net gain in 5 residential units will increase the demand for
solid waste disposal; however, the level of solid waste generation is small in comparison to
total solid waste disposal on a regional level. The City in an effort to reduce the amount of
solid waste disposed, currently provides recycling containers to residents for the recycling of
paper, glass, plastic and aluminum. Waste Management, the City waste hauler utilizes the
Puente Hills landfill which has enough permitted capacity to accommodate the proposed
project's waste disposal needs.
XVI(g). No Impact. The proposed project will comply with all federal, state and local statutes relating
to solid waste.
Less Than
XVII
MANDATORY FINDINGS OF
Potentially
Significant
Less Than
SIGNIFICANCE
Significant
With
Significant
No Impact
Impact
Mitigation
Impact
Incorporation
Does the project:
a) Does the project have the potential to degrade the quality of
the environment, substantially reduce the habitat of a fish or
wildlife species, cause a fish or wildlife population to drop
below self- sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range
of a rare or endangered plant or animal or eliminate
important examples of the major periods of California
history or rehisto ?
b) Does the project have impacts that are individually limited,
but cumulatively considerable? ( "Cumulatively
considerable" means that the incremental effects of a
project are considerable when viewed in connection with the
effects of past projects, the effects of other current projects,
and the effects of probable future projects.)
C) Does the project have environmental effects which will
cause substantial adverse effects on human beings, either
directly or indirectly?
Explanation of Checklist Judgements:
XVII(a). No Impact. The proposed project does not have the potential to degrade the quality of the
environment, substantially reduce the habitat of a fish or wildlife species, cause a fish or
wildlife population to drop below self- sustaining levels, threaten to eliminate a plant or
animal community, reduce the number or restrict the range of a rare or endangered plant
or animal or eliminate important examples of major periods of California history or
prehistory.
XVII(b). No Impact. The project does not have impacts that are individually limited by cumulatively
considerable. A majority of the environmental factors analyzed within this initial study will
have an impact by the proposed project.
XVII(c). No Impact. The project does not create environmental effects, which will cause
substantial adverse effects on human beings, either directly or indirectly.
AGP -108, Z -542, DR -28 and TM -62166
December 1, 2004
Paae 16
•'t ilk T\ 01101N RNI
AN ORDINANCE OF • OF BA
PARK ADOPTING THE NEGATIVE DECLARATION CYF
ENVIRONMENTAL IMPACT AND APPROVING AN AMENDMENT TO
THE CITY'S GENERAL PLAN LAND USE ELEMENT, REDESIGNATING
PORTION OF THE SUBJECT PROPERTY FROM
RESIDENTIAL ARDEN MULTI-FAMILY RESIDENTIAL AND
ZONE CHANGE FROM R-1, SINGLE-FAMILY RESIDENTIAL O
RG(PD), RESIDENTIAL GARDEN
DEVELOPMENT O' THE ENTIRE PROPERTY i ' l AT 4958
MAINE AVENUE (APPLICANT: PEDRO AND MARTHA MALTOS; CASE
• 08
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN
AS FOLLOWS:
SECTION 1. That the City Council of the City of Baldwin Park does hereby find,
determine and declare as follows:
a) That the City of Baldwin Park filed an application for an amendment
to the City's General Plan Land Use Element and a zone change from R -1, Single -
Family Residential RG, Residential Garden for real property located at 4958 Maine
Avenue shown as Parcels 2 and 35 on page 11 of Map Book 8414 of the Los
Angeles County Assessor's Records, described more particularly in the said
application which is on file in the office of the Secretary of the Planning
Commission of the City; and
b) That pursuant to the applicable provisions of the Planning and
Zoning Law (Sections 658000 et seq. of the Government Code of the State of
California), studies were commenced for the purposes of amending the Zoning
Map of the City of Baldwin Park; and
c) That a duly noticed public hearing was held upon said matter by the
Planning Commission, and based upon the evidence presented, it was determined
that the public necessity, convenience, and general welfare warranted that it
recommend approval of the reclassification to RG(PD); and
• ) That the City Council conducted a duly noticed • g on said
matter • based •• n the evidence presented and each member of the Council
being familiar with the site, it was determined that the public
convenience • general welfare warrant the approval of •.
Commission recommendation and approval of an amendment to the General Plan
• a change • • described from R-1 to D
SECTION • • • the provisions of • ns 153.630-153.646 of
1'aldwin Park Municipal Code, the Zoning Classification of property be and is hereb
-• from R-1 to zone '!'
Ordinance 1253
SECTION 3. That the City Council at the time of the public hearing on the above
matter reviewed and considered the proposed Negative Declaration of Environmental Impact,
and comments relating thereto. That the City Council, based on its public review, does hereby
approve the proposed Negative Declaration, since there is no substantial evidence that the
project will have a significant impact upon the environment.
SECTION 4. That the City Clerk shall certify to the adoption of this Ordinance and
shall cause a copy of the same to be published in a manner prescribed by law, and shall forward
a copy of the same to the Secretary of the Planning Commission. The Secretary of the Planning
Commission shall file the Notice of Determination and Negative Declaration of Environmental
Impact.
0-
ATTEST:
i go 0 0 0
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, ROSEMARY RAMIREZ, Deputy City Clerk of the City of Baldwin Park, do hereby certify that
the foregoing Ordinance was regularly introduced and placed upon it's first reading at a regular
meeting of the City Council on December 1, 2004. That there after said Ordinance 1253 was
duly approved and adopted at a regular meeting of the City Council on , 2004 by
the following vote:
•
s
AGFc1O8,Z-5W2'DH'28 and TM-6218G
December 1-20O4~------~�--- --- ----- -~^ - ------�-------
Pape 17
RESOLUTION 2004-092
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK ADOPTING THE NEGATIVE
DECLARATION OF ENVIRONMENTAL IMPACT AND
APPROVING A DEVELOPMENT PLAN ALLOWING THE
CONSTRUCTION OF A FIVE (5) UNIT SINGLE-FAMILY
DETACHED PLANNED DEVELOPMENT (APPLICANT:
PEDRO AND MARTHA MALTOS; CASE NO.: DR-28 AND
TM-62166; LOCATION: 4958 MAINE AVENUE)"
THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY
RESOLVE AS FOLLOWS:
SECTION 1. That the City Council of the City of Baldwin Park does
hereby find, determine, and declare as follows:
a) That an application ("Application") for a Development Plan
was submitted on behalf of the owners of certain real property, located at
4958 Maine Avenue in the City of Baldwin Park, described more
particularly in the Applications on file with the Planning Division; and
b) That the Development Plan is requesting approval to allow
the construction of a five (5) unit Single-Family Detached Planned
Development pursuant to Government Code Section 65450; and
c) That on November 10, 2004, a duly noticed public hearing
was held on said Applications by the Planning Commission, and based
upon evidence presented including applicable staff reports and each
member of the Commission being familiar with the properties, the Planning
Commission recommended that the City Council approve the Development
Plan; and
d) That a duly noticed public hearing was held on said
Applications by the City Council, and based upon evidence presented
including applicable staff reports and each member of the Council being
familiar with the properties, it was determined that the facts as required by
the Baldwin Park Municipal Code for the granting of such Applications are
present and that the Development Plan should be approved.
SECTION 2. That the Development Plan, as herein described by and the
same hereby is approved subject to the following conditions of approval.
a) That the subject Property shall be developed and maintained
in substantial compliance with Exhibit "A", of the staff report dated
December 1, 2004, except as modified herein by these conditions; and
b) That electric garage door openers shall be provided for each
unit; and
flu so
c) That sectional roll-up garage doors shall be provided for each
unit; and
d) That all landscaped areas must be separated from vehicular
areas by a 6" continuous concrete curb; and
e) That a decorative block wall shall be provided surrounding
the property. Decorative block walls with brick cap will be required along
all exterior property lines that are visible from the public right-of-way and
the common driveway, proposed materials are subject to Planning Division
approval. Interior property line delineator walls shall be precision block
with a brick cap; and
f) Each of the homes shall be provided with decorative motion
sensor lights at each garage and main level entrance door. Exterior
lighting shall be decorative and automatically controlled. Manufacturer's
literature shall be submitted to the Planning Division for review and
approval when plan are submitted to the Building Division for plan check;
and
g) Each unit shall be pre-wired for an alarm system; and
h) A detailed landscaping plan shall be provided indicating the
size, location, and species of all trees, shrubs, ground cover, and any other
plan life proposed. This plan shall be submitted during plan check phase;
and
i) All Landscaping shall be automatically irrigated and a
detailed irrigation plan shall be submitted during the plan check phase; and
j) That the applicant shall submit a copy of the proposed
covenants, conditions and restrictions to the Planning Division prior to
obtaining building permits; and
k) That the CC&R's shall reflect that any future addition to
individual units shall be limited to a patio cover which shall not exceed 25%
of the rear yard area and shall meet all zoning code requirements; and
1) That the CC&R's shall reflect that vehicular parking within
identified guest parking stalls shall not exceed seven (7) continuous days
within a thirty (30) day period; and
m) That all utilities shall be undergrounded. This includes utility
connections to each individual unit, as well as along the frontage of the
property along Maine Ave; and
n) Provide the following information upon the Plan Check
submittal:
Resolution 2004-092
Page 3
1. Three (3) architectural plans and one (1) extra site plan for the
Fire Department
2. Three (3) complete sets of Plans for the City.
3. Two sets of the following are required:
i. Soil Reports
ii. Structural Calculations
iii. Title 24 Energy Calculations
o) That the applicant shall comply with all Los Angeles County Fire
Department comments; and
p) All conditions of the State Map Subdivision Act and City's
Subdivision Ordinance must be met prior to recordation; and
q) All conditions of the Los Angeles County Fire Department must be
met prior to recordation. A written notification or approval plan from the Fire
Department must be submitted to the City; and
r) All special assessments and utilities or sewer connection fees are
to be paid prior to recording the final map; and
s) The developer shall be responsible for the relocation of existing
utilities as necessary. Provide separate utility services to each parcel including
water, gas, electricity, telephone, and cable TV (all underground) in accordance
with the respective utility companies' standards. Easements shall be provided as
required; and
t) Prior to recordation of the final map, a written certification from the
Water District, GTE, SCE, SCG and Adelphia Cable stating that adequate
facilities are or will be available to serve the proposed development shall be
submitted to the City. Such letter must be issued by the utility company at least
30 days prior to approval of the final map; and
u) A title repo rt/guarantee showing all fee owners and interest holders
must be submitted when a final map is submitted for plan check. This account
must remain open until the final map is filed with the County Recorder. An
updated title report/guarantee must be submitted ten (10) working days prior to
approval of final map; and
v) The final map shall be based on a field survey; and
w) All surveying for the proposed development will be done by the
developer, including the establishment of centerline ties; and
x) The surveyor's closure sheets must be enclosed with the final map;
Um
y) New boundary monuments must be set in accordance with the City
standards and subject to approval by the City Engineer; and
Resolution 2004-092
Page 4
z) All easements existing prior to final map approval must be
identified. If an easement is blanket or indeterminate in nature, a statement to
that effect must be shown on the final map in lieu of its location; and
aa) All site grading, landscaping, irrigation, street improvements, sewer
and storm drain improvement plans shall be coordinated for consistency prior to
final map approval; and
bb) Grading plan (24" x 36") must be designed in compliance with
recommendations of the final detailed soils and engineering geology reports. All
remedial earthworks shall be incorporated on the City's standard mylar. Plans
shall be submitted on the City's standard mylar; and
cc) Grading plan must be signed and stamped by a registered Civil
Engineer; and
dd) Provide a sewer plan signed by a registered Civil Engineer,
designed and drawn to the satisfaction of the City Engineer. Must be submitted
if an on-site main line facility is proposed. Each building must have a separate
and independent connection to a main line sewer; and
ee) Submit to this office a Soils Report signed by a Registered Soils
Engineer/Registered Civil Engineer; and
for:
ff) The following off-site improvements must be existing or guaranteed
1. Parcel must have separate and independent connections
to the main sewer separate connection of line.
2. Install new 8" sewer line and manhole for the 6" laterals
going in each separate unit.
3. Remove and replace sections of broken curb and gutter
along the frontage of proposed property.
4. Provide streetlights for proposed street per City Master
Plan.
5. Remove existing driveway approaches not being utilized
and replace with full height (8" curb).
6. All proposed driveway approaches shall meet the ADA
requirements.
7. Install water services and gas services for the proposed
development area.
8. Grind 1 1/2 AC and overlay 1 1/2 AC from curb to curb
along Maine Avenue.
9. Plant two trees along Maine Avenue per City Standard.
10.Install landscaped parkway and irrigation system along
Maine Avenue (frontage of proposed development area).
gg) The developer shall submit to the City Engineer the total cost
estimate for bonding purposes of all off-site improvements prior to approval of
the final map; and
Resolution 2004-092
Page 5
hh) If the City accepts approval of the final map prior to the completion
of all required public improvements, the developer shall enter into a subdivision
agreement with the City and shall post the appropriate security; and
ii) A copy of the final map reduced to 8 1/2" x 11" shall be submitted to
the Engineering Division prior to meeting with the Zoning Administrator for the
subject parcel map; and
jj) Approval of this tentative map does not constitute approval of the
site plan or building footprints; and
kk) The City is being served by a cable TV franchise awarded to
Adelphia Cable. All residential units constructed shall be prewired and made
ready for cable TV connections; and
11) After the final map records, a mylar and two blue line prints shall be
submitted to the Engineering Division at no cost to the City. Final occupancy will
not be granted until the recorded map is received by the Engineering Division;
and
mm) CC & R must be reviewed and approved by the City Attorney prior
to map recordation; and
nn) Provide maps in digital format to the County of Los Angeles per
County requirement; and
oo) The final map must be recorded within 24 months or all
proceedings shall be terminated; and
pp) That the applicant shall sign a notarized affidavit within twenty (20)
days of the date of this resolution stating that the applicant has read and accepts
all of the conditions of approval.
SECTION 3. That the City Council at the time of the public hearing on the
above matter reviewed and considered the proposed Negative Declaration of
Environmental Impact. That the City Council, based upon its public review, does hereby
find that said Negative Declaration has been prepared and was considered pursuant to
the provisions and guidelines of the California Environmental Quality Act, and hereby
adopts the Negative Declaration since there is no substantial evidence that the project
will have a significant impact on the environment.
SECTION 4. The City Clerk shall certify to the adoption of this Resolution
and forward a copy hereof to the Secretary of the Planning Commission and the
Applicant.
'Oiesolution 2004-092
Page *
PASSED AND APPROVED this 1 st day of December 2004.
• A 0
STATE OF CALIFORNIA
COUNTY • LOS ANGELES SS.
CITY
• BALDWIN PARK
1, ROSEMARY RAMIREZ, Chief Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing resolution was duly and regularly approved and adopted
by the City Council of the City of Baldwin Park at a regular meeting of the City Council on
December 1, 2004, by the following vote:
F-Al-,
16083 04 1 ="�§] 0 Eel IN
Is
WVLOTTITI CITY • BALMUVKL.`
CITY COUNCIL AGENDA
TO: Honorable Mayor and Members of the City Council
A
FROM: Sid Mousavi, Interim Chief Executive Officer
DATE: December 1, 2004
SUBJECT: Request Council Direction Regarding Recreation and Community
Services Commissioner Absence from Meetings
The purpose of this report is to request Council direction on the handling of a
Commission Member's absence from Commission meetings.
On August 7, 2004, Mr. Conde notified Program Supervisor Moreno that he would be
out of the country visiting the Philippines. At that time, Mr. Conde did not specify the
length of time he would be absent from Commission meetings.
On November 16, 2004, Executive Secretary Beverly Hernandez notified Chief Deputy
City Clerk Ramirez that Commissioner Conde has missed three (3) successive
meetings.
In an effort to verify Mr. Conde's continued absence from the country, on November 22,
2004, Executive Secretary Beverly Hernandez called his residence. Mr. Conde
responded, stating that he had returned to the states approximately two (2) weeks ago.
In accordance with Baldwin Park Municipal Code Section 32.05(a) which states, "Any
member of any commission who is absent, without cause, from three (3) successive
regular meetings of the commission, shall be deemed automatically, to have vacated
his /her office, " Mr. Conde has effectively vacated his office.
N.• 0 �,,k r• •
It is recommended that the City Council declare Office No 4 of the Recreation and
Community Services Commission vacant and either: 1) reinstate Mr. Conde to that
office OR 2) Direct the City Clerk's Department to initiate the selection process to fill
said vacancy.
Report prepared by: Rosemary M. Ramirez, Chief Deputy City Clerk
FAUSERLIS! ReporW2004'02,01,04 Staff Rapod re CO3V41DF-'VararcV,doC
BALDWIN PARK
COMMUNITY DEVELOPMENT COMMISSION
0 zl*cill WTI j � I gm, gem
Uf]rT AALL_GUI1]%-G1L_G6A_11T61J
7:00 P.M.
BAILMNIN'
P ok_ 'it, K,
Manuel Lozano, Chair
Ricardo Pacheco, Vice-Chair
Marlen Garcia, Member
David J. Olivas, Member
Bill Van Cleave, Member
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed five (5) minutes
speaking time. A Spanish speaking interpreter is
available for your convenience.
COMENTARIOS DEL PUBLIC
Se invita al p6blico a dirigirse al Concifio o cualquiera
otra de sus Agencias nombradas en esta agenda,
para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que est6 bajo su jurisdicci6n.
Si usted desea la oportunidad de difigirse al Concilio o
a1guna de sus Agencias, podra hacerlo durante el
periodo de Comentarios del P(iblico (Public
Communications) anunciado en la agenda. A cada
persona se le permite hablar por cinco (5) minutes.
Hay un int6rprete para su conveniencia.
M8FDb8[8: M@rleO Garcia, David j.[)livaKs, Bill Van Cleave, Vice-Chair Ricardo
Pacheco and Chair Manuel Lozano
Five KDminute speaking time limit
Cinoo(5)minutosyer6 el|\mhoperahabkar
THIS IS THE TIME SET ASIDE T0 ADDRESS THE COMMISSION
No action may be taken on o 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 m
questions asked by persons; or 2) Direct staff to investigate andlor schedule matters for consideration at a
future meeting, [Government Code§54A54.2Y
ESTE ES ELp£RIODQDESIGAAD0PARADIRIGIRSE AL
No oo poohy b7o/araooi6m nn a6z6n eaunhn a nnonua que see /ncI/ido en /a agenda, o e /nonoa qu* exisba
e176na omerQonciy o oirnunobyncie especial. El ouerpo keQislativo y ou personal podnan: 1) Responder
brovo/nonte a dembnym0neo o pomgunbyo hoohaa porporaonas; o 2} Dirigirpenyona/ e /nvooboar}1d f�ar
oounbxopanyb7/narenoonnkdenyci6non juntas pncximao. [Cnoi/odeGob/ennu§54Q54.2]
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, inwhiohcose.theitem
will be removed from the general order of business and considered in its normal sequence on the agenda.
Community Development Commission Agenda — December 1.2004
K1
IN 1,11111111 1 1 4k We]
WTAI 122k,14
CLOSED SESSION
ADJOURNMENT
I hereby certify UOd8[ penalty of perjury under the laws of the State of California, that the
foregoing agenda was posted on the City Hall bulletin bO@Rj not less than 72 hOUFS prior to
the meeting. [)8fHd this 24"' day Of November, 2004.
Rosemary M. CIVIC
Chief Deputy City'-C�'rk
PLEASE NOTE: Copies nf staff reports and supporting documentation pertaining to each item on this agenda
are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Lon Angeles County
Public Library in the City of Baldwin Park. For further information regarding agenda darno, please contact the
office of the City Clerk at02O.S00.4O11. ext. 1U8or via e-mail at
In compliance with the Americans with Disabilities Aot, if you need special assistance to participate in this
meetng, please contact the Public VVorhn Department or Risk Management at 626.960.4011. Notification 48
hours prior to the meeting will enable staff to make reasonable arrangements to nneuno accessibility to this
meeting. (28 CFF<34.1O2.104ADATITLE 11)
Community Development Commission Agenda — December 1.2004
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AGENDA
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Jack Wong, Director • Community
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2nd Housing '1LV1
Tt6 purpose of this report is for the Commission to consider the adoption of a Resolution of
Necessity to acquire, through eminent domain, privately owned real property needed for the
implementation of the Sierra Expansion Project.
UM 1610
10011,11,1410
The Sierra Expansion Project is located on the north side of Baldwin Park Boulevard,
between Francisquito Avenue and Tracy Street. The site consists of approximately 4.2
acres and is comprised of 18 individual parcels.
The developer, M&A Gabaee, owns nine of the eighteen properties and is currently closing
escrow on one property. The Commission owns the property at 3145 Baldwin Park
Boulevard.
The Commission has made written initial and final purchase offers to the owners' of record
for the 7 remaining properties in accordance with Section 7267.2 of the Government Code,
Each offer was based on an appraisal of fair market value as determined by an
independent appraiser. The Commission's acquisition consultant has had discussions with
all the property owners. Agreements have been reached regarding the acquisition of two of
the seven properties.
DISCUSSION:
In order to obtain the necessary real properties and assemble land for the implementation
of the Sierra Expansion Project, the Commission is requested to consider the adoption of a
Resolution of Necessity authorizing the filing of an eminent domain action to acquire the
remaining subject properties.
The properties are further identified in Exhibit "A" as attached to the proposed Resolution of
Necessity and are shown on the site map accompanying this report as Exhibit "B".
Elmo
Page 2 of 3
Sierra Expansion Project- Resolution of Necessity
December 1, 2004
informed that the adoption of the Resolution of Necessity, if adopted, would authorize the
acquisition of the subject properties through eminent domain.
During the public meeting, comments would be received from the property owners and
anyone else wishing to speak with regard to the adoption of the resolution.
Pursuant to the Eminent Domain Law, Title 7 of the California Code of Civil Procedure, the
Commission is requested to make the following factual findings:
1. The public interest and necessity require the proposed project;
2. The proposed project is planned or located in the manner that will be most
compatible with the greatest public good and the least private injury;
3. The property sought to be acquired is necessary for the proposed project;
4. The offer required by Section 7267.2 of the Government Code has been
- made to the owner or owners of record; and
5. That the offer required by Section 7267.2 of the Government Code has been
made in the form and substance required by law
The acquisition of the subject properties enables the Commission to assemble the subject
properties for redevelopment and reuse consistent with the Redevelopment Plan for the
Sierra Vista Redevelopment Project, contributing to the elimination of blight and
redevelopment of the Project Area. The condemnation of real property as provided for in
the Redevelopment Plan is necessary for its implementation. This acquisition will meet the
goals of the Redevelopment Plan and further the public interest through the following:
• Consolidation of properties into a functionally useful site and potential
assemblage with other properties
• Reuse of vacant and underutilized land
• Installation of new public improvements
• Creation of new employment opportunities, both construction jobs and
permanent employment
• Provision of new uses and the beautification of Baldwin Park Boulevard
• Encouragement of strengthened property values and investments
• Improved social and economic climate
The project for which the subject properties are to be taken is necessary for the
implementation of the Sierra Expansion Project.
The Commission's Counsel will, upon Commission approval, cause the filing of a complaint
in eminent domain in the Superior Court for the County of Los Angeles. Staff and the
acquisition consultant will continue to negotiate to reach settlements with the property
owners throughout the process.
Page 3 of 3
Sierra Expansion Project - Resolution of Necessity
December 1, 2004
A Resolution of Necessity must be approved by two- thirds of the membership of the
Commission, rather than the usual majority of a quorum. Since there are five Commission
members this means at least four members must vote to adopt the Resolution.
Staff recommends that the Community Development Commission:
1) Waive further reading, read by title only and adopt Resolution No. 404, entitled "A
RESOLUTION OF THE A PARK COMMUNITY E ELOPMENT
COMMISSION FINDING AND DETERMINING
NECESSITY FOR ACQUIRING AND AUTHORIZING CONDEMNATION OF
CERTAIN REAL PROPERTY LOCATED IN THE SIERRA VISTA
REDEVELOPMENT R AREA" •
2) Authorize the filing of a complaint in eminent domain in the Superior Court for the
County of Los Angeles and prosecution of the eminent domain action.
ww"Ma►iI1��`1
Exhibit "A" — Resolution of Necessity
Exhibit "B" — Sierra Expansion Project Site Map
Exhibit "C" — Notices of Intent dated November 15, 2004
Report prepared by Melecio Picazo, Senior Redevelopment Project Coordinator
i • �
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A
A
il U-11WIN "Ti�l -4 ffiJ WA -4
The Baldwin Park Community Development Commission (the "Commission"), by
vote of not less than two-thirds of its Members, DOES HEREBY RESOLVE AND
DETERMINE as follows:
1. The hereinafter described real properties are located within the Sierra
Expansion Project (the "Project Area"), which is a part of the Merged Redevelopment
Project. The Redevelopment Plan for the Sierra Vista Redevelopment Project, which
comprises the redevelopment plan for the Project Area and which was adopted on July
2, 1986, by Ordinance No. 947 and amended on January 15, 1995, December 3, 1997,
December 15, 1999, April 26, 2000 and November 19, 2003 by Ordinances No. 1098,
1128, 1154, 1158 and 1221 respectively, are incorporated herein by this reference and
made a part hereof as though fully set forth herein.
2. The hereinafter described real properties are to be acquired for the public
uses of redevelopment and the elimination of blight in the Project Area. The
Commission is authorized to acquire the hereinafter described real properties pursuant
to the Community Redevelopment Law of the State of California (Code of Civil
Procedure, Title 7, Chapters 1-12, including, without limitation, Section 1240.010 —
1240.700).
3. On the basis of the information contained in that certain staff report to the
Chairman and Members of the Commission dated December 1, 2004, which is
incorporated herein by this reference, and all other written and oral information,
evidence and testimony presented to the Commission, the Commission declares, finds
and determines:
(a) That the public interest and necessity require the proposed project;
(b) That the project is planned or located in the manner that will be most compatible
with the greatest public good and the least private injury;
(c) That the hereinafter described real properties are necessary for the proposed
project;
(d) That the offer required by Section 7267.2 of the Government Code has been
made to the owner or owners of record; and
(e) That the offer required by Section 7267.2 of the Government Code has been
made in the form and substance required by law.
4. The Commission is hereby authorized and empowered to acquire by
condemnation the fee title to the hereinafter described real properties, unless a lesser
estate is expressly described, excepting and reserving to the owner thereof all oil, gas
and mineral substances, together with the right to explore for and extract such
substances, provided that the surface opening of any well, hole, shaft or other means of
exploring for, reaching or extracting such substances shall not be located within the
Project Area and shall not penetrate any part or portion of the Project Area within 500
feet of the surface thereof. The real properties to be acquired are described in Exhibit 1
attached hereto and incorporated herein by this reference.
5. The law firm of Kane, Ballmer & Berkman is hereby authorized to prepare and
prosecute in the name of the Commission, such proceeding or proceedings in the
proper court having jurisdiction thereof, as are necessary for such acquisition, and to
prepare and file all pleadings, documents, briefs and other instruments, and to make
such arguments and to take such actions as may be necessary in their opinion to
acquire the real properties. The Commission is specifically authorized to take whatever
steps and procedures are available to it under the Eminent Domain Law of the State of
California (Code of Civil Procedure, Title 7, Chapters 1-12, Sections 1230.010-
1273.050).
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES) SS.
CITY OF BALDWIN PARK )
1, Rosemary Ramirez, Chief Deputy City Clerk of the City of Baldwin Park, do
hereby certify that the foregoing resolution was duly and regularly approved and
adopted by the Community Development Commission of the City of Baldwin Park at its
regular meeting held on December 1, 2004, by the following vote:
FAY
ROSEMARY RAMIREZ
A"
EXHIBIT "I"
1. No site address; Assessor Parcel Number 8551- 020 -055
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AND 1S DESCRIBED AS FOLLOWS:
THE NORTHWESTERLY 26 FEET OF THE SOUTHWESTERLY 56 FEET OF LOT 9 IN BLOCK A OF TRACT
11007, IN THE CITY OF BALDWIN PARK, AS PER MAP_ RECORDED IN BOOK 193 PAGES 22 AND 23 OF
MAP RECORDS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
2. 9 Baldwin Park Boulevard; • •- r 8551-020-059
THAT PORTION OF LOT 10 IN BLOCK "A" OF TRACT NO. 11007, IN THE
CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AS PER MAP RECORDED IN BOOK 193 PAGES 22 AND 23 OF
MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY,
DESCRIBED AS FOLLOWS:
BEGINNING AT THE MOST WESTERLY CORNER OF SAID LOT 10, THENCE
SOUTH 480 33' 41" EAST ALONG THE SOUTHWEST LINE A DISTANCE OF
149.00 FEET; THENCE AT RIGHT ANGLES TO SAID SOUTHWEST LINE
NORTH 410 26' 19" EAST 71.00 FEET TO THE SOUTHWEST LINE OF THE
NORTHEAST 9.00 FEET MEASURED AT RIGHT ANGLES OF SAID LOT 10;
THENCE SOUTHEASTERLY ALONG LAST MENTIONED SOUTHWESTERLY LINE A
DISTANCE OF 125.00 FEET TO THE SOUTHEAST LINE THEREOF; THENCE
NORTHEASTERLY, NORTHWESTERLY AND SOUTHWESTERLY ALONG THE
SOUTHEAST, NORTHEAST AND NORTHWEST TO THE POINT OF BEGINNING,
AS SHOWN IN A CERTIFICATE OF COMPLIANCE RECORDED MAY 6, 1981
AS INSTRUMENT NO. 81- 452646, OFFICIAL RECORDS.
EXCEPT THEREFROM ALL OIL, GAS, MINERALS AND OTHER HYDROCARBON
SUBSTANCES IN AND UNDER SAID LAND AS RESERVED IN DEED RECORDED
FEBRUARY 1, 1967 AS INSTRUMENT NO. 2278, OF OFFICIAL RECORDS.
3. 3139 Baldwin Park Boulevard; Assessor Parcel Number 8551 - 020 -065
THE SOUTHWESTERLY 50 FEET OF THE SOUTHEASTERLY 227 FEET OF THE
NORTHEASTERLY ONE -HALF OF LOT 35 OF TRACT NO. 718, IN THE CITY
OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 17 PAGE 17 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
THE ABOVE DESCRIBED PROPERTY BEING A PORTION OF PARCEL 4, AS
SHOWN ON LICENSED SURVEYOR'S MAP FILED IN BOOK 22 PAGE 19 OF
RECORD OF SURVEYS.
EXCEPT THEREFROM THE "PRECIOUS METALS AND ORES THEREOF" AS
EXCEPTED FROM THE PARTITION BETWEEN JOHN ROWLAND, SR. AND
WILLIAM WORKMAN IN THE PARTITION DEED RECORDED IN BOOK 10 PAGE
39 OF DEEDS.
4. 3153 Baldwin Park Boulevard; Assessor Parcel Number 8551 -020 -068
THE LAND REFERRED TO HEREIN IS SITUATED IN THE COUNTY OF LOS ANGELES, STATE OF
CALIFORNIA, AND IS DESCRIBED AS FOLLOWS:
THE SOUTHEASTERLY 227 FEET OF THE NORTHEASTERLY 50 FEET OF THE SOUTHWESTERLY 200
FEET OF THE NORTHEASTERLY ONE -HALF OF LOT 35 OF TRACT NO. 718, IN THE CITY OF BALDWIN
PARK, AS PER MAP RECORDED IN BOOK 17, PAGE 17 OF MAPS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
EXCEPTING THEREFROM THE PRECIOUS METALS AND ORES THEREOF, AS EXCEPTED FROM THE
PARTITION BETWEEN JOHN ROWLAND, SR. AND WILLIAM WORKMAN, IN THE PARTITION DEED
RECORDED IN BOOK 10, PAGE 39 OF DEEDS.
THE ABOVE DESCRIBED PROPERTY IS SHOWN AS A PORTION OF PARCEL 3 ON LICENSED
SURVEYOR'S MAP FILED IN BOOK 22, PAGE 19, RECORD OF SURVEYS, IN THE OFFICE OF THE COUNTY
RECORDER OF SAID COUNTY.
/ ` Exhibit 1- Page 2 of 4
5. 3159 Baldwin Park Boulevard; Assessor Parcel Number 8551-020-069
THE SOUTHWEST 50 FEET OF THE NORTHEAST 240 FEET OF THE
SOUTHEAST 227 FEET OF LOT 35 OF TRACT NO. 718, IN THE CITY OF
BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 17, PAGE(S) 17 OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
THE ABOVE DESCRIBED PROPERTY IS IN THE SOUTHWESTERLY 50 FEET OF
PARCEL NO. 2, AS SHOWN ON LICENSED SURVEYOR'S MAPS, FILED IN
BOOK 22, PAGE 19, OF RECORD OF SURVEYS.
EXCEPT THEREFROM THE PRECIOUS METALS AND ORES THEREOF, AS
EXCEPTED FROM THE PARTITION BETWEEN WILLIAM WORKMAN AND JOHN
ROWLAND SR., IN THE PARTITION DEED RECORDED IN BOOK 10, PAGE
39, OF DEEDS.
THE SOUTHWESTERLY 50 FEET OF THE NORTHEASTERLY 190 FEET OF THE
SOUTHEASTERLY 227 FEET OF LOT 35 OF TRACT NO. 718, IN THE CITY
OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF.CALIFORNIA, AS
PER MAP RECORDED IN BOOK 17, PAGE(S) 17 OF MAPS, IN THE OFFICE
OF THE COUNTY RECORDER OF SAID COUNTY.
THE ABOVE DESCRIBED PROPERTY IS SHOWN AS A PORTION OF PARCEL 2
ON LICENSED SURVEYOR'S MAPS, FILED IN BOOK 22, PAGE 19, RECORDS
OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID
COUNTY, EXCEPT THEREFROM THE "PRECIOUS METALS AND ORES THEREOF"
AS EXCEPTED FROM THE PARTITION BETWEEN JOHN ROWLAND, SR. AND
WILLIAM WORKMAN IN THE PARTITION DEED RECORDED IN BOOK 10 PAGE
39 OF DEEDS.
Exhibit 1- Page 3 of 4
7. No site address; Assessor Parcel Number 8551- 020 -225
THE NORTHWESTERLY 75 FEET OF THE SOUTHEASTERLY 227 FEET OF THE
NORTHEASTERLY 140 FEET OF LOT 35 OF TRACT NO. 718, IN THE CITY
OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS
PER MAP RECORDED IN BOOK 17 PAGE 17 OF MAPS, IN THE OFFICE OF
THE COUNTY RECORDER OF SAID COUNTY.
THE ABOVE DESCRIBED PROPERTY IS SHOWN AS A PORTION OF PARCEL 1
ON LICENSED SURVEYOR'S MAP FILED IN BOOK 22 PAGE 19 OF RECORD
OF SURVEYS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.
EXCEPT ALL PRECIOUS METALS AND ORES,
OF PARTITION OF THE RANCHO LA PUENTE,
AND JOHN ROWLAND, RECORDED IN BOOK 10
DEEDS.
AS CONTAINED IN THE DEED
BETWEEN WILLIAM WORKMAN,
PAGE 39, ET SEQ., OF
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November 15, 2004
Jose L. Dominguez
4909 Sereno Drive
Temple City, CA 91780
Re: Final Offer and Notice of Intent to Adopt Resolution of Necessity.-- Vacant
Lot, Baldwin Park, CA & APN: 8551-020-055
Dear Mr. and Mrs. Dominguez:
On September 21, 2004, the Community Development Commission of the City of
Baldwin Park (the "Commission") made an offer to purchase the property described above.
The Commission reiterates its previous offer to purchase the property for $34,000,
subject to the Commission's receipt of fee simple title to the property, free and clear of any
encumbrances except as approved by the Commission in writing. The offer was and remains
subject to and conditioned upon the City's ratification of the offer by execution of a contract
of acquisition or adoption of a resolution of necessity or both, and upon acceptable soils
conditions and the absence from the property of toxic or hazardous substances, and any other
kind of soil or water contamination.
You are also hereby notified the Commission's Board intends to consider the adoption
of a resolution of necessity to acquire the property by condemnation. The Board will
consider that resolution at a hearing to be held at the following time and place:
Date: December 1, 2004
Time: 7:00 pm
Location: City Hall
City of Baldwin Park
14403 E. Pacific Ave.,
Baldwin Park, CA 91706
"Al
You have the right to appear at the hearing and be heard on the following issues:
I Whether the public interest and necessity require the project;
2. Whether the project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the project;
4. Whether the offer required by Section 7267.2 of the Government Code has
been made to the owners(s) of record; and
5. Whether the offer required by Section 7267.2 of the Government Code was
made in the form and substance required by law.
NOTICE: If you fail to file a written request to be heard at the hearing within 15
days after the date of this letter, then the Commission may determine not to hear or consider
any evidence you may want to present. Please also be advised, if you do not appear and
present information to the Commission at the hearing, then you may be precluded from later
challenging the Commission's authority to acquire the property through its use of the power
of eminent domain.
If you have any questions regarding the hearing on the resolution of necessity, please
contact Mel Picazo at 626.960.4011, extension 495.
Sincerely,
6 � �-7 , /, - -//, - --
Sid Mousavi
Interim Executive Director
November 15, 2004
Jesus R. & Bertha L. Sicairos
3119 Baldwin Park Boulevard
Baldwin Park, CA 91706
Re: Final Offer and Notice of Intent to Adopt Resolution of Necessity -- 3119
Baldwin Park, Boulevard Baldwin Park, CA & APN: 8551-020-059
Dear Mr. and Mrs. Sicairos:
On September 21, 2004, the Community Development Commission of the City of
Baldwin Park (the "Commission") made an offer to purchase the property described above.
The Commission reiterates its previous offer to purchase the property for $340,000,
subject to the Commission's receipt of fee simple title to the property, free and clear of any
encumbrances except as approved by the Commission in writing. The offer was and remains
subject to and conditioned upon the City's ratification of the offer by execution of a contract
of acquisition or adoption of a resolution of necessity or both, and upon acceptable soils
conditions and the absence from the property of toxic or hazardous substances, and any other
kind of soil or water contamination.
You are also hereby notified the Commission's Board intends to consider the adoption
of a resolution of necessity to acquire the property by condemnation. The Board will
consider that resolution at a hearing to be held at the following time and place:
Date: December 1, 2004
Time: 7:00 pm
Location: City Hall
City of Baldwin Park
14403 E. Pacific Ave.,
Baldwin Park, CA 91706
You have the right to appear at the hearing and be heard on the following issues:
I Whether the public interest and necessity require the project;
2. Whether the project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the project;
4. Whether the offer required by Section 7267.2 of the Government Code has
been made to the owners(s) of record; and
5. Whether the offer required by Section 7267.2 of the Government Code was
made in the form and substance required by law.
NOTICE: If you fail to file a written request to be heard at the hearing within 15
days after the date of this letter, then the Commission may determine not to hear or consider
any evidence you may want to present. Please also be advised, if you do not appear and
present information to the Commission at the hearing, then you may be precluded from later
challenging the Commission's authority to acquire the property through its use of the power
of eminent domain.
If you have any questions regarding the hearing on the resolution of necessity, please
contact Mel Picazo at 626.960.4011, extension 495.
Sincerely,
Sid Mousavi
Interim Executive Director
November 15, 2004
Mr. & Mrs. Leroy and Sandra Lucas
Leroy & Sandra Lucas Trust
165 Azure
Morro Bay, CA 93442
Re: Final Offer and Notice of Intent to Adopt Resolution of Necessity -- 3139
Baldwin Park Boulevard, Baldwin Park CA & APN- 8551-020-065
Dear Mr. and Mrs. Lucas:
On September 22, 2004, the Community Development Commission of the City of
Baldwin Park (the "Commission") made an offer to purchase the property described above.
The Commission reiterates its previous offer to purchase the property for $278,000,
subject to the Commission's receipt of fee simple title to the property, free and clear of any
encumbrances except as approved by the Commission in writing. The offer was and remains
subject to and conditioned upon the City's ratification of the offer by execution of a contract
of acquisition or adoption of a resolution of necessity or both, and upon acceptable soils
conditions and the absence from the property of toxic or hazardous substances, and any other
kind of soil or water contamination.
You are also hereby notified the Commission's Board intends to consider the adoption
of a resolution of necessity to acquire the property by condemnation. The Board will
consider that resolution at a hearing to be held at the following time and place:
You have the right to appear at the hearing and be heard on the following issues:
I Whether the public interest and necessity require the project;
2. Whether the project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the project;
4. Whether the offer required by Section 7267.2 of the Government Code has
been made to the owners(s) of record; and
5. Whether the offer required by Section 7267.2 of the Government Code was
made in the form and substance required by law.
NOTICE: If you fail to file a written request to be heard at the hearing within 15
days after the date of this letter, then the Commission may determine not to hear or consider
any evidence you may want to present. Please also be advised, if you do-not appear and
present information to the Commission at the hearing, then you may be precluded from later
challenging the Commission's authority to acquire the property through its use of the power
of eminent domain.
If you have any questions regarding the hearing on the resolution of necessity, please
contact Mel Picazo at 626.960.4011, extension 495.
Sincerely,
Sid Mousavi
Interim Executive Director
November 15, 2004
Teresa W. Tan & Abe Hing
1116 S. Gretta Ave.,
West Covina, CA 91790
Re: Final Offer and Notice of Intent to Adopt Resolution of Necessity -- 3153
Baldwin Park Boulevard, Baldwin Park, CA & APN: 8551-020-068
Dear Ms. Tan and Mr. Hing:
On September 21, 2004, the Community Development Commission of the City of
Baldwin Park (the "Commission") made an offer to purchase the property described above.
The Commission reiterates its previous offer to purchase the property for $297,000,
subject to the Commission's receipt of fee simple title to the property, free and clear of any
encumbrances except as approved by the Commission in writing. The offer was and remains
subject to and conditioned upon the City's ratification of the offer by execution of a contract
of acquisition or adoption of a resolution of necessity or both, and upon acceptable soils
conditions and the absence from the property of toxic or hazardous substances, and any other
kind of soil or water contamination.
You are also hereby notified the Commission's Board intends to consider the adoption
of a resolution of necessity to acquire the property by condemnation. The Board will
consider that resolution at a hearing to be held at the following time and place:
You have the right to appear at the hearing and be heard on the following issues:
I Whether the public interest and necessity require the project;
2. Whether the project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the project;
4. Whether the offer required by Section 7267.2 of the Government Code has
been made to the owners(s) of record; and
5. Whether the offer required by Section 7267.2 of the Government Code was
made in the form and substance required by law.
NOTICE: If you fail to file a written request to be heard at the hearing within 15
days after the date of this letter, then the Commission may determine not to hear or consider
any evidence you may want to present. Please also be advised, if you do not appear and
present information to the Commission at the hearing, then you may be precluded from later
challenging the Commission's authority to acquire the property through its use of the power
of eminent domain.
If you have any questions regarding the hearing on the resolution of necessity, please
contact Mel Picazo at 626.960.4011, extension 495.
Sincerely,
Sid Mousavi
Interim Executive Director
November 15, 2004
Nonato H. Elazegui
3163 Baldwin Park Boulevard
Baldwin Park, CA 91706
Re: Final Offer and Notice of Intent to Adopt Resolution of Necessity -- 3163
Baldwin Park Boulevard, Baldwin Park & APN: 8551-020-070
Dear Mr. Elazegui:
On September 22, 2004, the Community Development Commission of the City of
Baldwin Park (the "Commission") made an offer to purchase the property described above.
The Commission reiterates its previous offer to purchase the property for $293,000,
subject to the Commission's receipt of fee simple title to the property, free and clear of any
encumbrances except as approved by the Commission in writing.. The offer was and remains
subject to and conditioned upon the City's ratification of the offer by execution of a contract
of acquisition or adoption of a resolution of necessity or both, and upon acceptable soils
conditions and the absence from the property of toxic or hazardous substances, and any other
kind of soil or water contamination.
You are also hereby notified the Commission's Board intends to consider the adoption
of a resolution of necessity to acquire the property by condemnation. The Board will
consider that resolution at a hearing to be held at the following time and place:
You have the right to appear at the hearing and be heard on the following issues:
I Whether the public interest and necessity require the project;
2. Whether the project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the project;
4. Whether the offer required by Section 7267.2 of the Government Code has
been made to the owners(s) of record; and
5. Whether the offer required by Section 7267.2 of the Government Code was
made in the form and substance required by law.
NOTICE: If you fail to file a written request to be heard at the hearing within 15
days after the date of this letter, then the Commission may determine not to hear or consider
any evidence you may want to present. Please also be advised, if you do not appear and
present information to the Commission at the hearing, then you may be precluded from later
challenging the Commission's authority to acquire the property through its use of the power
of eminent domain.
If you have any questions regarding the hearing on the resolution of necessity, please
contact Mel Picazo at 626.960.4011, extension 495.
Sincerely,
Sid Mousavi
Interim Executive Director
November 15, 2004
Nonato H. Elazegui
3159 Baldwin Park Boulevard
Baldwin Park, CA 91706
Re: Final Offer and Notice of Intent to Adopt Resolution of Necessity -- 3159
Baldwin Park Boulevard, Baldwin Park & APN: 8551-020-069
Dear Mr. Elazegui:
On September 22, 2004, the Community Development Commission of the City of
Baldwin Park (the "Commission") made an offer to purchase the property described above.
The Commission reiterates its previous offer to purchase the property for $313,000,
subject to the Commission's receipt of fee simple title to the property, free and clear of any
encumbrances except as approved by the Commission in writing. The offer was and remains
subject to and conditioned upon the City's ratification of the offer by execution of a contract
of acquisition or adoption of a resolution of necessity or both, and upon acceptable soils
conditions and the absence from the property of toxic or hazardous substances, and any other
kind of soil or water contamination.
You are also hereby notified the Commission's Board intends to consider the adoption
of a resolution of necessity to acquire the property by condemnation. The Board will
consider that resolution at a hearing to be held at the following time and place:
- -1-1 — --, 111-- —, — — — I'll 1-14-1k�
You have the right to appear at the hearing and be heard on the following issues:
I Whether the public interest and necessity require the project;
2. Whether the project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the project;
4. Whether the offer required by Section 7267.2 of the Government Code has
been made to the owners(s) of record; and
5. Whether the offer required by Section 7267.2 of the Government Code was
made in the form and substance required by law.
NOTICE: If you fail to file a written request to be heard at the hearing within 15
days after the date of this letter, then the Commission may determine not to hear or consider
any evidence you may want to present. Please also be advised, if you do not appear and
present information to the Commission at the hearing, then you may be precluded from later
challenging the Commission's authority to acquire the property through its use of the power
of eminent domain.
If you have any questions regarding the hearing on the resolution of necessity, please
contact Mel Picazo at 626.960.4011, extension 495.
Sincerely,
Sid Mousavi
Interim Executive Director
November 15, 2004
Mr. Hung Kwong Wong
Mrs. Linda You Mui Wong
607 S. Grandridge Avenue
Monterey Park, CA 91754
Re: Final Offer and Notice of Intent to Adopt Resolution of Necessity -- Vacant
Lot, Baldwin Park, & APN: 8551-020-225
Dear Mr. and Mrs. Wong:
On September 21, 2004, the Community Development Commission of the City of
Baldwin Park (the "Commission") made an offer to purchase the property described above.
The Commission reiterates its previous offer to purchase the property for $244,000,
subject to the Commission's receipt of fee simple title to the property, free and clear of any
encumbrances except as approved by the Commission in writing. The offer was and remains
subject to and conditioned upon the City's ratification of the offer by execution of a contract
of acquisition or adoption of a resolution of necessity or both, and upon acceptable soils
conditions and the absence from the property of toxic or hazardous substances, and any other
kind of soil or water contamination.
You are also hereby notified the Commission's Board intends to consider the adoption
of a resolution of necessity to acquire the property by condemnation. The Board will
consider that resolution at a hearing to be held at the following time and place:
You have the right to appear at the hearing and be heard on the following issues:
I Whether the public interest and necessity require the project;
2. Whether the project is planned and located in the manner that will be most
compatible with the greatest public good and the least private injury;
3. Whether the property sought to be acquired is necessary for the project;
4. Whether the offer required by Section 7267.2 of the Government Code has
been made to the owners(s) of record; and
5. Whether the offer required by Section 7267.2 of the Government Code was
made in the form and substance required by law.
NOTICE: If you fail to file a written request to be heard at the hearing within 15
days after the date of this letter, then the Commission may determine not to hear or consider
any evidence you may want to present. Please also be advised, if you do not appear and
present information to the Commission at the hearing, then you may be precluded from later
challenging the Commission's authority to acquire the property through its use of the power
of eminent domain.
If you have any questions regarding the hearing on the resolution of necessity, please
contact Mel Picazo at 626.960.4011, extension 495.
Sincerely,
Sid Mousavi
Interim Executive Director
TO THE MEMBERS OF THE FINANCING AUTHORITY AND CITY CLERK OF THE CITI
OF BALDWIN PARK
NOTICE IS HEREBY GIVEN that a Special Meeting of the aforementioned agency is
hereby called to be held on WEDNESDAY, DECEMBER 1, 2004, at 7:00 P.M. in the Council
Chamber, 14403 E. Pacific Avenue, Baldwin Park, CA 91706.
Said Special Meeting shall be for the purpose of conducting business in accordance
with the attached Agenda.
NO OTHER BUSINESS WILL BE DISCUSSED
Dated: November 24, 2004 "Original Signed"
Manuel Lozano
Mayor
F-1110 a I RY-11TJ Idle] & 0611- iPLr
1, Rosemary M. Ramirez, Chief Deputy City Clerk, certify that I caused the Notice and
Call of a Special Meeting of the aforementioned agency to be held Wednesday, December 1,
2004, at 7:00 p.m., in the Council Chamber, 14403 E. Pacific Ave., Baldwin Park, CA, to be
delivered via email (hard copy to follow) to each Council/Commission/Board Member, and the
San Gabriel Valley Tribune, and that I posted said notice as required by law on Thursday,
November 24, 2004.
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BALDWIN
Manuel Lozano, Chair
Ricardo Pacheco, Vice-Chair
Marlen Garcia, Member
David J. Olivas, Member
Bill Van Cleave, Member
PUBLIC COMMENTS
The public is encouraged to address the City
Council or any of its Agencies listed on this
agenda on any matter posted on the agenda or
on any other matter within its jurisdiction. If you
wish to address the City Council or any of its
Agencies, you may do so during the PUBLIC
COMMUNICATIONS period noted on the
agenda. Each person is allowed five (5) minutes
speaking time. A Spanish speaking interpreter is
available for your convenience.
COMENTARIOS DEL PUBLIC
Se invita al p6blico a dirigirse al Concilio o cualquiera
otra de sus Agencias nombradas en esta agenda,
para hablar sobre cualquier asunto publicado en la
agenda o cualquier tema que est6 bajo su jurisdicci6n.
Si usted desea la oportunidad de dirigirse al Concitio o
a1guna de sus Agencias, podrj hacerlo durante e/
periodo de Comentarios del POblico (Public
Communications) anunciado en la agenda. A cada
persona se le permite hablar por cinco (5) minutos.
Hay un int6rprete para su conveniencia.
• kTj I IVA I j I k1 I A •
Five (5) minute speaking time limit
Cinco (5) minutos sera e/ limite para hablar
THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL
PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER
No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special
circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions
asked by persons; or 2) 61rect 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 NO TIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE
No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista
algOna emergencia o circunstancia especial. El cuerpo legislativo, y su personal podran: 1) Responder
brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fjar
asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2]
[ONO 1 :[.11 A i!
04 001:416M61 areiJ a Is] MW
N • :1111 :M �Mj I MR-3
CLOSED SESSION
ADJOURNMENT
Financing Authority Special Meeting Agenda — December 1, 2004
0
I hereby certify under penalty of perjury under the laws of the State of California, that the
foregoing agenda was posted on •'•r • not less than 72 hours prior to
meeting. the D.,''• this 24 day of • ' •e` 004
PEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda
are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County
Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the
office of the City Clerk at 626.960.4011, ext. 108 or via e -mail at rramirez(a- )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
Financing Authority Special Meeting Agenda - December 1, 2004
3
t
AGENDA
ITEM #10