HomeMy WebLinkAbout2018 295 CC RESO RESOLUTION NO. 2018-295
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK
APPROVING AN EXTENSION TO THE DEVELOPMENT AGREEMENT FOR
BULLETIN DISPLAYS, LLC
WHEREAS, on December 7, 2016, the City Council approved a Development
Agreement (DA) with Bulletin Displays, LLC to replace a prior Development Agreement
dated May 17, 2001 in order to install six (6) new double-sided billboard advertising
structures along the north and south side of the 1-10 Freeway; and
WHEREAS, the Schedule of Performance for the December 7, 2016 DA (Exhibit
B-1) states that the Developer shall have one (1) year from the 30th day after the second
reading of the DA to get either (a) Caltrans to agree to declassify the landscaping near
one or more of the Sites referenced in the DA or (b) Caltrans to agree to enter into a
relocation agreement for any one or more of the Sites referenced in the DA; and
WHEREAS, on January 4, 2018, the City's Chief Executive Officer granted the
Developer a sixty (60)-day extension to the DA to complete the declassification of the
freeway landscaping within the site locations; and
WHEREAS, per the Developer, Caltrans is working with the City's Lobbyist and
Assembly Member Rubio's office regarding the landscaping on the wall and Caltrans
billboard permits. Caltrans stated they were agreeable to declassify the ivy and to work
with the City on wall enhancements if Caltrans received the following two items: (1) The
City had to issue a resolution indicating their desire to have the ivy removed and wall
enhancements installed and that (2) Caltrans' Outdoor Advertising Department needed
to issue a Preliminary Determination report that there are no other issues remaining other
than the ivy preventing the issuance of billboard permits; and
WHEREAS, the City approved Resolution 2018-225 on January 30, 2018 to fund
the installation and maintenance of the redesigned enhancements of the sound walls,
and then re-approved the action on February 21, 2018 via Resolution 2018-229 when
Caltrans requested corrections to the resolution; and
WHEREAS, Caltrans' Outdoor Department finished their Preliminary Review
Requests and issued Preliminary Determinations that the ivy landscaping was the only
remaining issue. The City's Lobbyist and the Assembly Member's office met with Caltrans
to inform them that they have fulfilled Caltrans' two requests; and
WHEREAS, on June 20th, 2018, the City Council granted the Developer an
extension to September 21, 2018 to complete the declassification of the freeway
landscaping within the site locations; and
WHEREAS, the Secretary of Caltrans' office requested that the City submit an
application for declassification and requested that the Developer submit sign applications;
and the City submitted a request for declassification on August 8, 2018. The Developer
submitted their signed applications on August 2, 2018. Both applications are pending
and have maximum time limits on when the applications have to be reviewed by the State;
and
WHEREAS, the staff from the Secretary of Caltrans' recently told the Assembly
Member's office that the declassification application may be denied, but they will continue
to work with the City during the appeal; and
WHEREAS, on September 29, 2018, Governor Brown signed the Assembly
Member's bill AB 3168. The Developer and City Lobbyist drafted the first version of the
bill and it passed through the Assembly and Senate with unanimous support; and
WHEREAS, it is important that the Developer and City Lobbyist continue working
with the Assembly Member to explain to the Secretary how AB 3168 now requires
Caltrans to declassify the ivy on the wall and that Caltrans should not deny the City their
declassification requests.
NOW THEREFORE, IT IS NEARBY RESOLVED AS FOLLOWS:
SECTION 1. The City Council of the City of Baldwin Park adopts CC Resolution
No.2018-295 to grant the Developer a six (6)-month extension to the DA from September
21, 2018 to June 30, 2018 to give the Developer additional time to obtain Caltrans
approval for the landscaping declassification.
SECTION 2. This Resolution shall go into effect immediately upon adoption by the
City Council.
PASSED, APPROVED, AND ADOPTED t is 3rd day of October 2018.
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,..tea_•—
MANUEL OZA 0
MAYOR
ATTEST:
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify
that the foregoing Resolution No. 2018-295 was duly adopted by the City Council of the
City of Baldwin Park at a regular meeting thereof held on October 3, 2018 and that the
same was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS:: Lozano, Rubio
NOES: COUNCIL MEMBERS:: Garcia
ABSENT: ' OUNCIL MEMBERS:: Baca, Pacheco
AB A OUNCIL// MEMBERS:: None
.i.. 41 .
ALEJ A NDA'AO ILA
CITY CLER
PASSED, APPROVED, AND ADOPTED th's rd day of October 2018.
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MANUE'�e / •
MAYOR
ATTEST:
STATE OF CALIFORNIA }
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, Deputy City Clerk of the City of Baldwin Park do hereby certify
that the foregoing Resolution No. 2018-295 was duly adopted by the City Council of the
City of Baldwin Park at a regular meeting thereof held on October 3, 2018 and that the
same was adopted by the following vote to wit:
AYES: COUNCIL MEMBERS:
NOES: COUNCIL MEMBERS:
ABSENT: COUNCIL MEMBERS:
AB': • IN: ) / COUNCIL MEMBERS:
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ALEJAN•!'AVILA
CITY CL RK