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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. � ���[)-0�O-0�[) \ `^`'~" "^_. - _ - \ � | / )OO OO' N 51�O 35' . W m ?~ m cn ro PFA b ll� CA � i \ \ | _ FA AOL ^ � ^~� | � Rk) ` . i 1b[i22 \ � iz ��������� -��������� � ! 150.24 . N 51 '00'33" W ALL HATCHED AREAS REPRESENT ORDER OF CONDEMNATION RECORDED IN DEED 3759 RECORDED APR. 2O, 1966 AND DEED 3457 RECORDED WAY 9. 1966 � � 11. 50" > - — -- — -- — - CA co LLJ co ol rMI. --s- ,/ 1b[i22 \ � iz ��������� -��������� � ! 150.24 . N 51 '00'33" W ALL HATCHED AREAS REPRESENT ORDER OF CONDEMNATION RECORDED IN DEED 3759 RECORDED APR. 2O, 1966 AND DEED 3457 RECORDED WAY 9. 1966 � � Ok I q1' RAT IN r'A'I',.' r, mnr I _. 11 mmm��W 1. DEC r_ 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 MY FMOPAL KAM Cr BUS94M ES W 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 ATLAMiC, LL.C. Ok MA:V 20, 200,3. i � STATE RUNT IM FKAl lAP SUBSTAMIALLY W RNE Y TWTARK , THAT THE MMOAM30M Z d P. AND tCASM0 SM AP£ W PLACE THAT SAID - RS AR£ �T 4O W SAWY TO OE RETRACEA; pm EIS: 6-30-2` aTyamoogMS STAMm84: 1 NSIS ' SUIF INATI NAK EXANOWD TINS YAP MMSIM !9F' 2_ .3SMINAT IWE 510M IFS SVBSTAN 77V Y TIC SNdE ASJY' AM St IW 1 SW&WWSM TEWTATwmAPAw ANT l=ALTERA 77,W At�#.1ArbiTALL PRONFAW V, %W ACT AND OF MY LOCI MIM40XF APPIOCA&C A 7d# UK AF APf* WAL &F VW RNZAMC MAP HA YE BEET1 WPM. AM9ER ;RX :25903 DAIS olygkowm EXP. ifA+]E9/SOf2B05 OTT OERA,9C V, i ffMWT CERWY lM T All SR64AL ASSESSWEX S IEWED 4009P THE 4F W CITY OF BALPW PARS 3D *WXHnC4.AWAQA4W AY IW 0I Mt SM40M OP. A0e1PmT74VlE0F IS SU96CT, AND ANICH SAY PAID AV RAL44AVE 'iN PAB!Bt ftk L. 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 FD SWAT aCE 31g3 ao AccErTED As � aarcwA aaD I a we ra L# E DATA MBLE RI: R.fLf Wa 9a6 86 77/7I LX Dce£CMBV D[STRNrE ax aucr �. 6ms, �.. ai aa. aFJ98, ue lau/ss -x a+: erer 6F Pamr eENTEnxrE 7r NA ses I j 4F. 13r st.'r o.ari as ! AW 93 nun I tV 6Mo x xi /ALL' 6 fa 6iwCT ttT3977J'E 6a0_rZ' r�6.AaT• t1, X64' Rr) Tis, M /7/i9 j X432 oitY dM6' LP li9T 66. WACT 914 0 9 j AM fVWM�M,� ! 7, £1496. ftl j« e i6 i I MY !' 6 T em ICAM MW j $ QWM ffi678�912 N9591'13°E limos• MM76• $ a, 5ft 77 fj) i Sty WD AND 16. sty 4Aw�wwr 17, NUCT Mialm RW A2 w j MS'REYS E 377.x' [379.98' �J Km599s'ISi ml.fi' [x.77' R?) � � m sa.6o•(JLW rs aa•u+r4 Baer a asa l sags [sags as .4wT2•w 6� 6gaaa EASaa Or �: xm (Mm, *V ire¢ 2 g a DEC N999t9S'E X151' (330 'M) ^8 arF f deT, R0. 274" to- 0A _ \ orm-"s'r mow' 1 \ LNtr es 6 for FACT bi /*a LOT CA576. 6i P�NAAOV NO \\ AEt1Fb AgAE f4k Ra awlroTss tSO +$ 0 T6"S'7 der \ r frMr T 27b.g`i es T 1� °2. a Ste. fl�fO.FiA .- & i .t\ ' PEN Ra $ \\ d j $�.' \• £1r or OF I=a 4-91 WJV7 t "ifs �'.: j'• j ffi/?QV;". Or on iris, �4r 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. 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Ln d' c C6 d' C c6 N 4-1 (Q 1 6-, 4- L Qi ) O 4- > n (1) 4- 4-J C) 4-1 - _® y- -W ® < O C:) ® 0) N Ln O O ° N ra \ Z U Lr) ® L!) 2 O Ln `� O Q) O Q) e-I U) , -I ss Ln .-; Lt) Ln Ln C m Ln C ro s a ru Ln C Q �_ L (3) s-s �_ a 7 U OC m (1) (3) C ® Q) Q LL ® _0 m m IB 4-J 0 Q) ® 4-1 4-J 4-J 0 4-1 0) J ro Q LL •� m 4-J > a. d(n E Q U (n J (Q) c X c C C: x> x X .p v a) 2:O C ^ F-- Z W • • 1 , MAI s F9 0 wJ w t W5 0 0 1� e' ■ 4—J E °'..n 4—J 4— 4—J 4—J .® .® c C: 0) L- > U) u .® O-T 0 C _0 u ro c 4-J fu y_ 1�j . 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 i fie -------- -- — LL 7"-- , L),. 0 cz:) cli Ul CL. LLI x cn .-A n "m oz I Eno= Vz LO 0 IN z EE M [Em x �3C (INV Z. 10q 'I I Od t'e- . 1—�'L SVIIIA SO,-LIVW OOVIINVS 90L 16 VD 'lltd -1 IWO anm,v aIiVIN Lo ED s.Jjvw -Pad IN IN z EE M [Em x O CL LL lilf�: C-) Lu O;a' C/) 00- O "1 N V0,Lsno SVI41A SO,--LlvSNO71(.1-13. - fN 1 OOV LLNVS %71 996V .J[q�,T -PPd 'IN al Irl" al 11 U.1 MOM I pF mi c') i5 0 z i3a. I 1 -- p \ j I I il> ' LEI z 0 ^U c� z 0 d W a w w EJD [7 C] I LE, =E-1 =3 l z 0 h w .-7 W I z 0 7Oj1 l l Dd'blbE -> lOe�,L -in r } 1 z !;:r, s.vol I laa n3aow:ix IvoJ.sn� '(��7" -11A 1 U 0 1f7 V l ,lv 9�lA2IZS � i L 2I ROlS3Q 0JdI NtlS - _ 90L16 VD'l;td -Wq anuany'auley,18566 � a _.I I � CL F � O1PadIN ;A p p m fie: XJ13 r "Y3 rte- I os �i � U f'a ir I 1 -- p \ j I I il> ' LEI z 0 ^U c� z 0 d W a w w EJD [7 C] I LE, =E-1 =3 l z 0 h w .-7 W I z 0 CD C"i U CL AGP -108, Z -542, DR -28 and TM -62166 December 1, 2004 Paae 13 0 1 BALDWIN AVENUE 495 AGP -108, Z -542, DR -28 and TM -62166 December 1, 2004 Paae 14 rVill 1 024 5025 4 4959 5022 55018 501 X02 5025 5019 5013 5007 14389 ® I 1018 5019 4950 012 5013 008 5009 5002 5003 4949 4938 453 5 4939 4934 134,143,V 1435,14360 > Q 437C 4975 ry 4960 4961 4954 4955 ® � 4948 4951 4944 4947 4938 4941 School 4934 4935 � Y4931 I 4925 4918 4921 4914 4917 4910 4911 435 436 4903 ii 1 01�1'1 - ; =pop 4952 �..1 ..; . '•_e 1512145181145204530538, 13 4956 4 4959 • • 4950 495 4953 4944 c 4949 4938 453 5 4939 4934 nmirs I m • • Iii 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 134,14M 143 14360 > Q 1437C 4975 UJ 4960 4961 4955 4948 4951 4944 4947 , 4938 4941 School 4934 - ' ° 4935 49 4931 49 4925 4918 4921 4,914 4917 4910 4911 FTJ4i 436 4903 .• it • � �' •h , � r 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 El El 0 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 El 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 El N 11 quality standard (including releasing emissions which exceed quantitative thresholds for ozone precursors)? d) Expose sensitive receptors to substantial pollutant concentrations? 11 El 1:1 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, 1:1 El 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: El El 11 a) Cause a substantial adverse change in the significance of a adverse historical resource as defined in Section 15064.5? El El El 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? El 11 El C) Directly or indirectly destroy a unique paleontological resource or site or unique geological feature? El 11 El 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. El 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? El 1:1 El 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? El 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 11 El 11 N 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. r • • #'•- 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? El a) Fire protection? E C) Displace substantial numbers of people, necessitating the housing C) Schools? construction of replacement elsewhere? e) Other public facilities? r • • #'•- 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 lj$KAX" MCI H I 'T No rupwatiol" t ,-7 AGENDA FTEM #1* -TIVY"T RM =4- Jack Wong, Director • Community i 11 111 11111villill 11111 1111 1 1111 . 1. -9.1 1 1 il ;111111111 $oil 1111 ; . 0 0 WEM29M 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 • � i; � UA 9 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 MITATU v o0 ele s. cr >, r zm 0 CL >, 0 L- CL cL 'D (D E 0 (D 0 a) 0 0 -0 0 CL cm O.S co > E 0 L= Lo- a) o D- tm i i •. • ii iiii lli:lilli � 111111111111�� •� ��: 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. mollo,R.A,l� 11 1 1 A I rew.1 0 0 L"JWfi0fAJJq§L @JfJ§J 0 L" I It"; fil M-1111112A 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