crisis. Understanding how to recognize and respond appropriately to these situations is essential for ensuring the safety and well -being of all involved. Through proper training, officers can learn to de -escalate individuals experiencing a mental health cr isis, provide support, and connect individuals with the necessary resources and assistance.
Performa Labs' training modules on de -escalation and mental health decision -making are designed to equip officers with the knowledge and skills needed to handle th ese challenging situations effectively. The interactive, scenario-based training allows officers to practice their skills in a safe and controlled environment, better preparing them for real-world encounters.
Traditionally, officers attend in-person training classes to fulfill these requirements. However, this approach can be costly for law enforcement agencies, as it involves course fees, travel costs, and overtime pay to back -fill for officers absent from their scheduled work shifts to attend training.
Performa Labs offers a cost-effective alternative to traditional in-person training. Their mobile app-based solution allows officers to complete POST -approved training courses at their own pace while on duty. This self -paced approach eliminates the need for officers to miss scheduled workdays to attend training classes, reducing overtime costs and minimizing the need for back-filling shifts.
By leveraging Performa Labs' training solution, the Baldwin Park Police Department can provide its officers with the required perishable skills training more efficiently and cost -effectively. Officers can access the training modules through mobile devices, completing courses during downtime or while on duty. This flexibility saves on training costs and ensures officers maintain regular work schedules, reducing the strain on department resources.
Furthermore, Performa Labs' training courses are POST-approved, ensuring that the content meets the California Commission on Peace Officer Standards and Training standards. This guarantees officers receive high -quality, relevant training that complies with state requirements.
By investing in this training, the Baldwin Park Police Department ensures its continued commitment to promoting a safer community and fostering positive interactions between law enforcement and the public. The ultimate goal is to enhance officers' ability to respond to critical situations with empathy, understanding, and a focus on de - escalation, ultimately leading to better outcomes for all parties involved.
ALTERNATIVES
1. Approve the authorization for the Chief Executive Officer to enter into the SaaS agreement with Performa Labs.
2. Do not approve the authorization and provide alternate direction to staff.
LEGAL REVIEW
The SaaS agreement has been reviewed by the City Attorney as to form.
ATTACHMENTS
1. Performa Labs SaaS Agreement
2. Performa Labs Price List and Service Fee Calculation
3. Performa Labs Sole Source Documentation Letter
1 Performa SaaS Agreement
PERFORMA SOFTWARE-AS-A-SERVICE AGREEMENT
THIS PERFORMA SOFTWARE-AS-A-SERVICE AGREEMENT (together with all attachments hereto, the “Agreement”), is made effective as of (the “Effective Date”) and supersedes any previous agreements regarding PERFORMA SOFTWARE-AS-A-SERVICE, by and between PERFORMA LABS, INC., a Delaware corporation having its principal place of business at 19600 Fairchild Rd, Suite 300, Irvine, CA 92612 (“PERFORMA”) and the City of Baldwin Park, a municipal corporation, having its principal place of business at 14403 E Pacific Avenue, Baldwin Park, CA 91706 (“Client”).
Recitals
WHEREAS, PERFORMA's App (as defined below) and proprietary training material provide to California peace officers self -study training that is approved and certified by the California Commission on Peace Officer Standards and Training (“POST”); WHEREAS, the California state legislature requires California peace officers to complete certain POST-certified training courses during each POST Mandate Cycle (as defined below) (completion of each such training course, “POST Credit”); WHEREAS, the App allows law enforcement agencies to train peace officers using realistic scenarios based on actual body worn camera footage, allows App users flexibility to complete training at their convenience and in accordance with an agency’s policy, schedule, and allows agencies to monitor the progress and completion of training; and WHEREAS, Client desires to utilize the App in conjunction with in -person and other training programs to comply with POST requirements, to simplify and decrease the effort, time, and cost of training, and to increase the efficacy of Client’s training program.
NOW THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, PERFORMA and Client agree as follows:
1. Definitions. As used in this Agreement, the following capitalized terms have the meanings set forth below:
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“Admin Console” is a function provided in connection with the App to allow designated Client Admin(s) to access Admin Reports electronically. “Admin Report ” means data provided in electronic form created and compiled by PERFORMA for Client Admin(s) concerning the progress and completion of Modules by Users. “Anonymized Data ” means electronic data or information compiled or derived by PERFORMA based on User Data that has been deidentified, aggregated or anonymized such that it cannot reasonably be linked to Client or a particular User. “App” means the iOS and Android mobile application that PERFORMA provides to Client Admins and Users to access the Service.
“Client Admins ” means the persons employed by Client who shall be PERFORMA’s primary points of contact regarding the Service. Client shall have at least one designated Client Admin. Each Client Admin shall have access to Admin Reports. “Module” means a proprietary self -study training module consisting of four (4) Training Courses available to authorized Users through the App.
“POST Mandate Cycle” means each two-year training period established by the California state legislature during which peace officers shall complete certain POST-certified training content for POST Credit, if applicable. A POST Mandate Cycle runs from January 1, 2021 through December 31, 2022; January 1, 2023 through December 31, 2024; and so on and so forth every two (2) calendar years thereafter.
“Seat” means access to the Service via the App by a single unique User for the completion of one (1) Training Course or Module (as set forth on Attachment A), and such Training Course’s or Module’s associated POST Credit, if applicable, during the Subscription Term or Renewal Term then in effect.
“Service” means providing (i) those Training Courses and Modules set forth on Attachment A to Users via the App and (ii) Admin Reports to Client Admins via the App or
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electronically. The Service includes PERFORMA’s storing, hosting, managing, maintaining , and supporting the Software, App, and Admin Console.
“Service Fees” means the total fees charged for all Seats purchased during the Term of this Agreement.
“Software” means PERFORMA’s proprietary software (including algorithms and domain expertise) and associated third-party software used by PERFORMA to provide the Service. “Subscription Term” means the period during which PERFORMA shall make the Software available for use by Users as set forth on Attachment A. “Term of this Agreement ” means the period commencing on the Effective Date and terminating upon termination of this Agreement. The Term of this Agreement shall include the Subscription Term together with all Renewal Terms (as defined below), if any. “Training Course” means a single training course completed by a User during the Subscription Term or Renewal Term then in effect.
“Users” means those Client personnel authorized to use the App and the Service. “User Data” means all electronic data or information submitted by Client and Users to the Service, as well as any electronic data or information generated or recorded by Performa concerning Client or Users’ use of the Service.
2. Provision of the Service. PERFORMA shall make the Service available to Client and Users during the Subscription Term pursuant to the terms and conditions set forth in this Agreement.
3. Use of the Service.
3.1 POST Reporting. When a User completes or passes a Training Course or Module eligible for POST Credit, Client authorizes PERFORMA to report to POST the name of the User and the results of the Training Course or Module.
3.2 Client Responsibilities.
3.2.1 Client Admins. Client shall notify PERFORMA in writing of the name, title, telephone number, and email address of each of its Client Admins.
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Client shall keep this information up to date during the Term of this Agreement. Client shall have at least one designated Client Admin at all times during the Term of this Agreement.
3.2.2 User Eligibility and Conduct . Client shall provide the names and email addresses (departmental or Client web domain email addresses only) of those persons who shall be Users of the Service. Client shall submit User information in an electronic format provided or specified by PERFORMA.
3.2.1.1 Client is responsible for determining the eligibility of persons who it designates as Users under this Agreement.
Users shall be employees of Client and at least 18 years of age.
3.2.1.2 Client shall be liable for any conduct or actions of its Users that violates this Agreement.
3.2.1.3 Client shall notify PERFORMA within five (5) days of any User who is no longer eligible or authorized to be a User, including but not limited to ineligibility by reason of termination of employment with Client.
3.2.2 Client Policies . Client shall establish a training schedule and policies governing its Users’ use of the Service, which policies shall not conflict with the terms set forth in this Agreement. As between Client and PERFORMA, Client shall be solely responsible for scheduling permitted times that Users may access the Service and ensuring that its Users complete all training in a timely manner (e.g., prior to the termination of a POST Mandate Cycle, the Subscription Term, or a Renewal Term, as applicable).
3.2.3 Client-Determined Responses. From time to time Client may, in its sole and reasonable discretion, determine and assign responses to
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questions posed to its Users in Training Courses; provided, that Client shall ensure any such responses comply with Client policies, practices, and guidelines; provided further, that Client acknowledges PERFORMA undertakes no obligation to review or confirm the accuracy of any such responses, and disclaims all liability in connection with any such responses; and provided further, that Client shall indemnify, hold harmless, and defend PERFORMA from any liability, losses, suits, claims, damages, and expenses which arise out of any such responses.
3.3 Usage Guidelines.
3.3.1 Permitted Use. Client and Users shall use the Service solely for training Users and monitoring Users’ training progress through the Admin Console as contemplated by this Agreement.
3.3.2 License Grant and Restrictions.
3.3.2.1 PERFORMA hereby grants a license to one (1) Seat to each User of the Service. Once a Seat is assigned to a User, (i) the User shall create a User ID and password, (ii) such Seat license may not be transferred to another User . Access to that Seat and its related training content , and the license granted thereto, shall automatically terminate upon the earlier of (A) the termination of the Subscription Term or Renewal Term then in effect, and (B) the date such User is no longer permitted to access the Service , including as a result of Client’s termination of User’s employment.
3.3.2.2 Upon commencement of a Renewal Term, each User shall be granted a new license to one (1) Seat to access the
Service, complete the associated Training Course or Module (as set forth on Attachment A), and obtain associated POST Credit, if applicable; provided that Client shall remit to
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PERFORMA Service Fees for each Seat during the Renewal
Term in accordance with Section 4.1.
3.3.3 Additional Seat Purchases . Client may, from time to time during the Term of this Agreement, elect to assign Seats in excess of that number of Seats purchased on Attachment A to Users through the Admin Console (such Seats, the “ Additional Seats ”). Each Additional Seat assigned to a User shall be subject to PERFORMA’s prices then - prevailing rates and Client shall remit payment for all such Additional Seats upon receipt of PERFORMA’s invoice therefor in accordance with Section 4. Users of Additional Seats shall be subject to those terms and conditions set forth herein that are applicable to Seats.
3.3.4 Prohibited Uses.
3.3.4.1 Client, Client Admins, and User s shall not copy, reverse engineer, license, sublicense, sell, resell, rent, transfer, lease, assign, distribute, time share , or otherwise
commercially exploit or make the Service, App, Admin
Console, and Modules available to any third party. Without limiting the generality of the foregoing, Users and Client Admins may not take screenshots or screen captures or any other reproduction of the App or Modules.
3.3.4.2 Client, Client Admin(s), and Users shall not attempt to gain unauthorized access to the Service , App Modules, Admin Console, and related systems or networks.
3.3.4.3 Client, Client Admin(s), and Users shall not share their login information to access the App, including User IDs and
passwords, with any other persons or display any content of the Modules to any other persons.
3.3.5 Compliance with Guidelines . Client shall be responsible for ensuring that all Client Admins and Users comply with the use guidelines set
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forth in this Section 3.3, as well as any additional reasonable guidelines and policies established by Client for their personnel regarding use of the App and Service as communicated to PERFORMA by Client from time to time during the Term of this Agreement. PERFORMA reserves the right to block access to the Service by any person who violates the terms of this Agreement or otherwise interferes with PERFORMA’s ability to provide the Service to any Client, Client Admin, or User.
3.3.6 Accessing the App. Client, Client Admins, and Users shall download the App using a private link provided by PERFORMA. Client, Client Admins, and Users shall provide their own Internet service and mobile devices operating on either iOS or Android operating systems. No other operating systems are supported at this time. The Service is not available through a web browser.
3.3.7 Supported Software . PERFORMA supports use of the App only on devices using the most current version of the iOS or Android operating systems and the prior two versions of such operating systems. New releases of the iOS or Android operating systems may not be supported for up to three months after their public release.
4. Service Fees and Payments.
4.1 Minimum Purchase . Client shall pay in advance the Service Fees specified in Attachment A based on the number of Seats purchased by Client. Client shall purchase one (1) Seat during the Subscription Term and each Renewal Term, if applicable, for each of Client’s sworn peace officers and peace officer trainees or cadets. Client may purchase additional Seats for anticipated hiring during the Term of this Agreement.
4.2 Refunds. Service Fees are not refundable in whole or in part in the event that Users do not use, complete, or pass the Training Course or Module for which the Seat was purchased.
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4.3 Invoicing & Payment. The Service Fees shall be invoiced by PERFORMA as set forth on Attachment A . Payments are due within 30 days of Client’s receipt of the invoice. Any invoices unpaid after 30 days will be subject to interest at the rate of ten percent (10%) per annum.
4.4 Automatic Renewal. At the end of the Subscription Term, this Agreement may be renewed for additional terms at the sole and absolute discretion of Client. Client shall provide written notice of renewal for an additional one (1) year term (“Renewal Term”) Client shall advise PERFORMA of changes to the aggregate number of Client’s sworn peace officers and/or peace officer trainees or cadets employed by Client upon commencement of the Renewal Term and the information set forth in Section 3.2.2 so that each such person may have a ccess to the App extended or removed as an authorized User.
4.5 Service Fee Adjustments. Service Fees shall adjust upon commencement of each Renewal Term to reflect PERFORMA’s then-prevailing rates. In addition, from time to time during the Term of this Agreement PERFORMA may adjust its Service Fees for all Seats purchased after the effective date of such adjustment upon written notice to Client.
4.6 Multi-Year Discount. Notwithstanding the terms set forth in Section 4.5, in the event PERFORMA has agreed to a multi-year Service Fee discount in exchange for Client’s agreement to commit to a Term of this Agreement in excess of one (1) year (a “ Multi-Year Discount ”), such Multi-Year D iscount shall remain in effect and any Service Fee price adjustments shall not take effect until the term for which such Multi-Year Discount applies terminates (the “Multi-Year Discount Term ”).
The Multi-Year Discount and Multi-Year Discount Term, if any, shall be set forth in Attachment A. If Client terminates this Agreement pursuant to Section 9.1 prior to termination of the Multi -Year Discount Term, PERFORMA shall be entitled to receive a true -up amount equal to the difference between (i) the Service Fees PERFORMA would have earned (including as a result of any price adjustments) had
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the Multi-Year Discount not been in effect, and (ii) the Service Fees subject to the Multi-Year Discount.
4.7 Suspension of Service . If the Service Fees (except fees then subject to Client’s good faith dispute) are 45 days or more overdue , then, in addition to any of its other rights or remedies, PERFORMA may suspend Client’s access to the Service, without liability to Client, until all such amounts are paid in full.
4.8 Taxes. Unless otherwise stated, PERFORMA’s fees do not include any local, state, federal, or foreign taxes, levies or duties o f any nature ( “Taxes”). Client is responsible for paying all Taxes, excluding taxes based only on PERFORMA ’s income. If PERFORMA has the legal obligation to collect or remit Taxes for which Client is responsible under this section, the amount of such Taxes shall be invoiced to and paid by Client unless Client provides PERFORMA with a valid Tax exemption certificate authorized by the appropriate taxing authority.
5. Proprietary Rights.
5.1 Reservations of Rights. Client acknowledges that in providing the Service, PERFORMA utilizes (i) the PERFORMA name, the PERFORMA logo, the PERFORMA- LABS.com domain name, the product and service names associated with the Service, and other registered or unregistered trademarks and service marks; (ii) certain audio and visual information, documents, software and other works of authorship; and (iii) other technology, software, hardware, products, processes, algorithms, user interfaces, know -how, and other trad e secrets, techniques, designs, inventions and other tangible or intangible technical material or information (collectively, “PERFORMA Technology ”) and that the PERFORMA Technology is covered by intellectual property rights owned or licensed by PERFORMA (collectively, “PERFORMA IP Rights ”). Other than as expressly set forth in this Agreement, no license or other rights in or to the PERFORMA Technology or PERFORMA IP Rights are granted to Client, Client Admins, or Users, and all such licenses and rights are and shall remain with PERFORMA and its licensors and are hereby expressly reserved.
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5.2 License Grant. PERFORMA grants Client and its Users a worldwide, non-exclusive, non-transferable, non-sublicensable right to access and use the App and Software hosted by PERFORMA in connection with PERFORMA’s provision of the Service in accordance with the terms of this Agreement.
5.3 Restrictions. Client and Users shall not (i) modify, copy, or create derivative works based on the Service or the PERFORMA Technology; (ii) create Internet “links” to or from the Service, or “frame” or “mirror” any content forming part of the Service; (iii) bypass or breach any security device or protection used by the Service or access or use the Service other than by a User through the use of his or her own then-valid access credentials; (iv) remove, delete, alter, or obscure any trademarks, specifica tions, documentation, end -user license agreement, warranties, or disclaimers, or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the Service; or ( v) disassemble, reverse engineer, decode, or decompile the Service or PERFORMA Technology, or otherwise attempt to derive or gain access to it, for any reason whatsoever, including to (A) build a competitive product or service, (B) build a product or service using similar ideas, features, functions or graphics of the Service, or (C) copy any ideas, features, functions or graphics of the Service. Client, Client Admins, and Users may not create, store, or disseminate screenshots or capture screen images from the App, Module(s), or Admin Console.
5.4 Suggestions. PERFORMA shall have a royalty-free, worldwide, perpetual license to use or incorporate into the Service any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by Client or its Users relating to the operation of the Service.
5.5 User Data and Anonymized Data. Client Admin(s) and User(s) may access electronically certain User Data and Anonymized Data that PERFORMA derives therefrom. The parties agree that all such User Data and Anonymized Data are the exclusive property of PERFORMA; provided, however, that PERFORMA shall maintain the confidentiality of all User Data and shall not disclose User Data to
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any third party without the written consent of Client unless required to do so in response to a subpoena, discovery request, document request, Public Records Act request, or any other valid court order, or as otherwise required by applicable law or regulation.
5.6 Compelled Disclosure. In the event PERFORMA is required by law, regulation, or a valid and effective subpoena or order issued by a court of competent jurisdiction to disclose User Data or any other information (with the exception of Anonymized Data) related to this Agreement (any such request, a “ Compelled Disclosure”), PERFORMA shall promptly notify Client in writing of the existence, terms and circumstances surrounding such Compelled Disclosure so that Client may take any measures, at Client’s expense, that it deems appropriate to oppose or respond to the request. At Client’s request, PERFORMA shall provide all cooperation and assistance as may reasonably be requested by Client in responding to the Compelled Disclosure, or seeking a protective order or other appropriate remedy to prevent or limit the scope of any su ch Compelled Disclosure. Client shall promptly reimburse PERFORMA for all costs or expenses of whatever kind, including personnel -related costs, reasonable attorneys’ fees, court costs and expenses, and court sanctions or penalties, incurred by PERFORMA in responding to any Compelled Disclosure.
6. Warranties, Limitations, and Disclaimers.
6.1 PERFORMA Warranty. PERFORMA warrants that it will provide the Service in a manner substantially consistent with this Agreement and any documentation provided by PERFORMA in connection with the Service.
6.2 Sole Remedy for PERFORMA Warranty. In the event that PERFORMA provides the Service on the terms set forth in this Agreement in a manner that significantly affects the use of the Service , the App, or Admin Console and Client so notifies PERFORMA with a written report of such failure via email to [email protected], PERFORMA's sole obligation shall be to use commercially reasonable efforts to correct such failure promptly.
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6.3 Limitations. Although PERFORMA has used its diligent efforts to ensure the accuracy, completeness, timeliness, and accessibility of the Service, Module(s), App, and Admin Console, Client agrees that neither PERFORMA nor PERFORMA's third-party software or service providers shall have any liability whatsoever for the accuracy, completeness, timeliness, or accessibility of the Service, Module(s), App, and Admin Console, or for any decision made or action taken by Client or Users in rel iance upon information or data conveyed through the Service, Module(s), App, and Admin Console, or for interruption of any aspect of the Service, Module(s), App, and Client Console. Client agrees and acknowledges that PERFORMA shall in no event be held res ponsible for any problems with the Service, Module(s), App or Admin Console attributable to the public or private Internet infrastructure or Client’s and Users’ ability to connect to the Internet.
6.4 Authorization. PERFORMA is either (i) the owner of the Software , App, Admin Console, and Module(s) or (ii) authorized to provide the Service pursuant to the terms of this Agreement, and has sufficient right, title, and interest in the Software, App, Admin Console, and Module(s) to grant the license contemplated by this Agreement, and (iii) PERFORMA is not currently engaged in any litigation or legal proceeding of any kind, the subject of which is the Service, Software, App, Admin Console, and Module(s) ; and to the knowledge of PERFORMA, no legal action pertaining in any manner to the Service, Software, App, Admin Console, and Module(s) is threatened.
6.5 Open-Source Software. The Service, Software, and App do not make use of Open- Source Software in any way that would otherwise make the Service, Software, or App Open-Source Software.
6.6 Disclaimer. EXCEPT AS EXPRESSLY PROVIDED IN SECTION 7.1, THE SERVICES ARE
PROVIDED BY PERFORMA AND ITS THIRD -PARTY SOFTWARE AND SERVICE
PROVIDERS WITH NO WARRANTIES OF ANY KIND EXCEPT THOSE EXPRESSLY SET FORTH IN THIS SECTION 6 , AND PERFORMA AND ITS THIRD -PARTY SOFTWARE
AND SERVICE PROVIDERS HEREBY DISCLAIM ANY AND A LL OTHER EXPRESS
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AND/OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND ANY
WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. PERFORMA DOES NOT WARRANT THAT THE SERVICE, MODULE(S), APP,
AND ADMIN CONSOLE WILL BE UNINTERRUPTED, ERROR FREE, OR COMPLETELY SECURE.
7. Limitation of Liability.
7.1 Limitation of Action. Except for actions for non-payment or breach of intellectual property rights, no action (regardless of form) arising out of this Agreement may be commenced by either party more than two (2) years after the cause of action has accrued.
7.2 Limitation of Liability. EXCEPT FOR ACTIONS FOR NON -PAYMENT, BREACH OF INTELLECTUAL PROPERTY RIGHTS, OR BREACHES OF SECTIONS 3.3 OR 5.3, IN NO
EVENT SHALL EITHER PARTY BE ENTITLED TO INCIDENTAL, INDIRECT ,
CONSEQUENTIAL, OR RELIANCE DAMAGES, INCLUDING DAMAGES FOR LOST
PROFITS, UNDER ANY CLAIM OR CAUSE OF ACTION, WHETHER BASED ON LEGAL OR EQUITABLE DOCTRINES. IN NO EVENT WILL PERFORMA’S LIABILITY TO CLIENT
ARISING OUT OF, RELATING TO, OR IN CONNECTION WITH THIS AGREEMENT,
FROM ALL CAUSES OF ACTION AND UNDER A LL THEORIES OF LIABILITY, EXCEED THE ACTUAL AMOUNT PAID TO PERFORMA BY CLIENT IN THE 12 MONTHS
PRECEDING THE ACCRUAL OF THE CAUSE OF ACTION THAT GIVE S RISE TO THE CLAIM.
7.3 Data Charges. In no event shall PERFORMA be liable for data or connection charges incurred by Client, Client Admin(s), and Users to download, access, or use the App, Admin Console, or Service.
7.4 Basis of Bargain; Failure of Essential Purpose . Client acknowledges that PERFORMA has furnished access to the Service , App, Admin Console, and Module(s)in reliance upon the limitations of liability and the disclaimers of warranties and damages set forth herein, and that the same form an essential
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basis of the bargain between the parties. Client agrees that the limitations and exclusions of liability and disclaimers specified herein will apply and survive termination even if found to have failed their essential purpose.
8. Insurance.
8.1 Without limiting Client’s right to indemnification, it is agreed that PERFORMA shall secure, prior to commencing any activities under this Agreement, and maintain, during the term of this Agreement, insurance coverage as follows:
8.1.1 Workers’ Compensation Insurance as required by California law and Employers Liability Insurance in a minimum amount of One Million Dollars ($1,000,000) per occurrence.
8.1.2 Commercial General Liability Insurance, including coverage for Premises and Operations, Contractual Liability, Personal Injury Liability, Products/Completed Operations Liability, and Independent Contractor’s Liability, in an amount not less than $2,000,000 per occurrence, $4,000,000 annual aggregate, written on an occurrence form. Excess/Umbrella insurance may be used to satisfy this requirement.
8.1.3 Professional Liability Insurance in an amount not less than $2,000,000 per occurrence, and PERFORMA shall maintain such coverage for at least one (1) year from the termination of this Agreement. Such insurance shall be written on a primary basis, but may include a deductible or self-insurance retention of not more than $10,000 per occurrence, provided that such deductible is disclosed to Client, in writing, at the inception of this Agreement.
8.2 Each insurance policy required by this Agreement shall contain the following clause or shall otherwise provide for the following conditions: “This insurance shall not be cancelled, or limited in scope or coverage, until after thirty (30) days prior written notice has been given to the City Clerk, City of Baldwin Park, except in the
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event of cancellation for non- payment of premium which shall provide for not less than ten (10) days’ notice.”
8.3 Each insurance policy required by this Agreement, except those policies for Professional Liability and Workers’ Compensation, shall contain the following clauses or shall otherwise provide for the following conditions:
8.3.1 “It is agreed that any insurance maintained by PERFORMA, pursuant to this Agreement, shall be primary to, and not contribute with, any insurance or self-insurance maintained by the City of Baldwin Park.”
8.3.2 “The City of Baldwin Park , its officers, agents, employees, representatives and City -designated volunteers are added as additional insureds as respects the acts, omissions, operations and activities of, or on behalf of, the named insured, in regard toproducts supplied to, or work or services performed f or, or related to, the City of Baldwin Park.”
8.4 Prior to commencing any work under this Agreement, PERFORMA shall deliver to Client insurance certificates confirming the existence of the insurance required under this Agreement, and including the applicable clauses referenced above. Also, within thirty (30) days of the execution date of this Agreement, PERFORMA shall provide Client: (i) endorsements to the insurance policies which add to these policies the applicable clauses referenced above; or (ii) in lieu of said endorsements, documentation acceptable to Client evidencing that the coverage, terms, and conditions set forth in the above-referenced clauses are otherwise included in said insurance policies. Insurance required hereunder shall be placed with insurers: (i) admitted to write insurance in California; (ii) possessing an A. M.
Best’s rating of A VII or higher; or (iii) otherwise acceptable to Client, with prior written permission from Client. In the event that a claim or other legal action is filed against Client, and if Client, in its good fai th opinion, believes it may have coverage under any of the insurance required herein, then Client has the right to demand, and to receive within a reasonable time period, copies of the insurance
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policies related to such required insurance; provided, however, that this provision shall not apply if the Parties agree that PERFORMA shall fully defend, hold harmless, and indemnify Client against any such claim or other legal action.
8.5 In addition to other remedies Client may have if PERFORMA fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, Client may, at its sole option:
8.5.1 Instruct PERFORMA to stop work under this Agreement and/or withhold any payment(s) which become due to PERFORMA hereunder until PERFORMA demonstrates compliance with the requirements hereof; or
8.5.2 Terminate this Agreement.
8.5.3 Exercise of any of the above remedies, however, is an alternative to other remedies Client may have and is not the exclusive remedy for PERFORMA’s failure to maintain insurance or secure appropriate endorsements.
8.6 Nothing herein contained shall be construed as limiting in any way the extent to which PERFORMA may be held responsible for payments of damages to persons or property resulting from PERFORMA’s (or PERFORMA’s
contractors/subcontractor, if any) performance o f the work covered under this Agreement.
8.7 In the event PERFORMA hires other persons or firms to perform some of the work related to this Agreement, PERFORMA shall ensure, and certify to Client in writing that: (i) the acts or omissions of such persons or firms are covered under the above-referenced liability insurance; or (ii) such firms maintain insurance equal to or better than, and subject to the same limits, terms and conditions as, the insurance required of PERFORMA under this Agreement (except for firms which are not performing professional services-such firms shall not be required to carry the above-referenced professional liability insurance); and in either instance,
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PERFORMA shall provide, or cause to be provided, evidence of such insurance coverage, reasonably acceptable to Client.
8.8 Client’s Risk Manager is hereby authorized to amend the requirements set forth herein in the event he or she determines that such reduction is in Client’s best interest.
9. Indemnification.
9.1 Client Indemnification . Subject to PERFORMA’s indemnification obligations in Section 8.2, and in addition to Client’s indemnification obligations set forth in Section 5.6, Client shall indemnify PERFORMA against, and hold PERFORMA harmless from, any claim, demand, cause of action, damage, liability, or expense, including reasonable attorneys ’ fees incurred by PERFORMA arising out of: (i) Client’s, Client Admins’ or Users’ use of the Service and App , or (ii) the acts or omissions of Client and its Client Admins, Users, employees, or agents.
9.2 PERFORMA Indemnification. PERFORMA expressly agrees to defend, save, hold harmless, and indemnify Client from any and all third party claims, suits, actions, losses, damages, liabilities, statutory penalties, costs and expenses of any nature whatsoever resulting from, arising out of or relating to any claims that the Service and App or use thereof infringe any patent, copyright, trade secret, trademark, trade dress, mask work, utility design, or other proprietary right (collectively, "Intellectual Property Rights") of any third party , provided that Client gives PERFORMA prompt notice of such claim, suit or proceeding, and gives PERFORMA the full information and reasonable assistance in the defense or settlement of such claim, suit, or proceeding. PERFORMA shall be entitled to direct such defense and to settle or otherwise dispose of such claim, suit or proceeding as it sees fit, provided that PERFORMA shall not be entitled to agree to any judgment or settlement that imposes any monetary obligation on Client w ithout the prior written consent of Client . If PERFORMA believes at any time that the services infringe a third party's Intellectual Property Rights, PERFORMA may, (i) replace an infringing item with a non-infringing item that meets or exceeds the performance
18 Performa SaaS Agreement
and functionality of the replaced item; or (ii) obtain for Client the right to continue to use the infringing item; (iii) modify the infringing item to be non -infringing, provided that, following any replacement or modification made pursuant to the foregoing, the services continue to function in conformance with this Agreement, and (iv) if (i) through (iii) are not commercially practicable, PERFORMA may terminate the Agreement and refund on a pro rata basis any unused portion of the Service Fees paid upfront.
9.2.1 Notwithstanding anything herein to the contrary, PERFORMA shall not be liable under this Article 8.2 for any claim for infringement based on the following:
9.2.1.1 Client’s modification of the Service , Software, Modules, App, or Admin Console without the written permission of PERFORMA.
9.2.1.2 Use of the Service , Software, Modules, App, or Admin Console in a manner other than as contemplated by this
Agreement, or as authorized in writing by PERFORMA.
10. Termination.
10.1 Termination for Convenience. Client shall have the right to partially or completely cancel the Service upon thirty (30 ) days’ written notice to PERFORMA.
Termination for convenience does not entitle Client to a refund of any fees paid for the Service, whether or not the Service has been used in full or in part.
10.2 Termination for Cause. Either party may terminate this Agreement upon 30 days' written notice of a material breach to the other party if such breach remains uncured at the expiration of such period.
10.3 Surviving Provisions . The following provisions shall survive the termination or expiration of this Agreement for any reason and shall remain in effect after any such termination or expiration for a period of three (3) years: Sections 5 (excluding Section 5.2), 6, 7, 8, 9, 10, and 11.
19 Performa SaaS Agreement
10.4 User Data after Termination. PERFORMA may retain User Data after termination, subject to the provision of Section 5.5 and 5.5.1 above. Client may request to receive an electronic copy of User Data upon termination.
11. Dispute Resolution.
11.1 Negotiation. The parties shall attempt in good faith to resolve any dispute arising out of or relating to this Agreement by negotiation directly between executives of each party who have authority to settle the controversy . Any party may give the other party written notice of any dispute that arises under this Agreement. Within 15 days after delivery of the written notice, the receiving party shall provide a written response. The notice and response shall include with reasonable particularity (a) a statement of each party’s position and a summary of arguments supporting that position, and (b) the name and title of the executive who will represent that party at the negotiation and of any other person who will accompany the executive. Within 30 days after delivery of the initial written notice, the designated executives of both parties shall meet at a mutually acceptable time and place.
11.1.1 Unless otherwise agreed in writing by the negotiating parties, the above-described negotiation shall end at the close of the meeting of designated executives (“ Meeting”). Ending the Meeting without a resolution shall not preclude further negotiation or mediation , if mutually desired by the parties.
11.1.2 All offers, promises, conduct and statements, whether oral or written, made in the course of the negotiation and the Meeting by any of the parties, their agents, employees, experts and attorneys are confidential, privileged , and inadmissible for any purpose, including impeachment, in an arbitration or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the negotiation.
20 Performa SaaS Agreement
11.1.3 At no time prior to the conclusion of the Meeting shall either side initiate an arbitration or other legal proceeding related to this Agreement except to pursue a provisional remedy that is authorized by law or by the JAMS Rules or by agreement of the parties. However, this limitation is inapplicable to a party if the other party refuses to comply with the requirements of Paragraph 10.1 above.
11.1.4 All applicable statutes of limitation and defenses based upon the passage of time shall be tolled while the procedures specified in Paragraphs 10.1 and 10.1.1 above are pending and for 15 calendar days thereafter. The parties will take such action, if any, required to effectuate such tolling.
11.1.5 If a party refuses to participate in the procedures and processes set forth in this Section 10.1, that party forfeits any right to recover prevailing party attorney’s fees and costs in any subsequent arbitration or legal proceeding.
11.2 Arbitration. If the procedure set out in section 10.1 above does not resolve the dispute, a ny dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation , or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Orange County, California before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures . The arbitrator shall issue a written decision setting forth the bases for the arbitrator’s ruling, and judgment on the arbitration a ward may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
11.2.1 Except for claims for violation or breach of PERFORMA IP Rights, in any arbitration arising out of or related to this Agreement, the arbitrator
21 Performa SaaS Agreement
may not award any incidental, indirect , consequential, or reliance damages, including damages for lost profits.
11.2.2 In any arbitration arising out of or related to this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, except where permitted by statute, and the parties waive any right to recover any such damages.
11.2.3 In any arbitration arising out of or related to this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration, unless the party failed to comply with the resolution procedures as set forth in section 10.1 above and as specified in section 10.1.5. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration.
12. General Provisions.
12.1 Records Requests; Audits. From time to time during the Term of this Agreement, Client or its nominee, authorized agent, or representative may, in Client’s reasonable discretion, (a) request documentation or records regarding Client’s or its Users’ use of the Service or User Data , including for Client to comply with governmental or regulatory requests or requirements (any such request, a “Records Request”); and (b) on at least three (3) business days’ notice, inspect and audit PERFORMA’s records solely as they relate to this Agreement (an “Audit” and, together with a Records Request, an “ Inspection”). All Audits shall be conducted during regular business hours and no more frequently than once in any 12-month period (except as otherwise required to comply with applicable law), and in a manner that does not unreasonably interfere with PERFORMA’s business
22 Performa SaaS Agreement
operations. PERFORMA shall make available its books, records, equipment, information, and personnel as may be reasonably necessary to cooperate with any Inspection. Client shall only have access to and examine information directly related to Client’s or it s Users’ use of the Service, and shall comply with all reasonable instruction communicated by PERFORMA in completing its Inspection.
Client shall promptly reimburse PERFORMA for all expenses incurred by PERFORMA in connection with any Inspection, including but not limited to time and materials costs incurred to comply with any such request.
12.2 Choice of Law. This Agreement shall be governed by, and construed in accordance with, the laws of the State of California, exclusive of conflict or choice of law rules.
Any action brought by either party to this Agreement to enforce any provision of this Agreement shall be brought in a venue in Los Angeles County.
12.2.1 The parties acknowledge that this Agreement evidences a transaction involving interstate commerce. Notwithstanding the provision in the preceding paragraph with respect to applicable substantive law, any arbitration conducted pursuant to the terms of this Agreement shall be governed by the Federal Arbitration Act (9 U.S.C., Secs. 1-16).
12.3 No Benefit to Third Parties . The representations, warranties, covenants, and agreements contained in this Agreement are for the sole benefit of the parties, and they are not to be construed as conferring any rights on any other persons.
12.4 Notices. All notices or other written communications required or permitted to be. given sent pursuant to this Agreement shall be sent by overnight delivery, registered, or certified U.S. mail (return receipt requested) and addressed to the parties at the addresse s first set forth above (or such other address as may be specified by like notice).
12.5 Waiver and Cumulative Remedies. No failure or delay by either party in exercising any right under this Agreement shall constitute a waiver of that right. Other than as expressly stated herein, the remedies provided herein are in addition to, and not exclusive of, any other remedies of a party at law or in equity.
23 Performa SaaS Agreement
12.6 Severability. If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, the provision shall be modified by the court and interpreted so as best to accomplish the objective of the original provision to the fullest extent permitted by law, and the remaining provisions of this Agreement shall remain in effect.
12.7 Assignment. Neither party may assign or transfer this Agreement or any right or obligation hereunder without the other party's prior written consent ; provided, that PERFORMA may assign this Agreement in connection with a sale or transfer of substantially all of the assets of, or a majority interest in the voting shares of, PERFORMA to, or the merger or consolidation of PERFORMA with or into, any other person or company. Any assignment made in violation of this provision shall be void. Client agrees that PER FORMA may subcontract the hosting and other services to be performed in connection with this Agreement, provided that any such subcontracting arrangement wi ll not relieve PERFORMA of any of its obligations hereunder.
12.8 Force Majeure. Except for the obligation to pay money, neither party will be liable for failure or delay in performance under this Agreement due to any cause beyond its reasonable control, including act of war, acts of God, earthquake, flood, embargo, riot, sabotage, labor shortage or dispute, civ il or military authority; terrorists, civil disturbance, fire or other catastrophe, parts shortages, governmental act, or failure of the Internet, provided that the delayed party: (a) gives the other party prompt n otice of such cause, and (b) uses its reasonable commercial efforts to correct promptly such failure or delay in performance.
12.9 Use of Client’s Name. Client agrees to allow PERFORMA to use Client’s name on client lists used for promotional purposes. PERFORMA is permitted to issue press releases or press statements concerning Client’s use of the service.
12.10 Entire Agreement. This Agreement and its attachments constitute the entire agreement between the parties as to its subject matter, and supersedes all previous and contemporaneous agreements, proposals, or representations,
24 Performa SaaS Agreement
written or oral, concerning the subject matter of this Agreement. No modification, amendment, or waiver of any provision of this Agreement shall be effective unless in writing and signed by the party against whom the modification, amendment, or waiver is t o be asserted. Notwithstanding any language to the contrary therein, no terms or conditions stated in a Client purchase order or in any other Client order documentation shall be incorporated into or form any part of this Agreement and all such terms or conditions shall be null and void.
12.11 Counterparts. This Agreement may be executed in counterparts, which taken together shall form one legal instrument.
[SIGNATURES ON FOLLOWING PAGE]
25 Performa SaaS Agreement
Dated: City of Baldwin Park
By: ________________________
__ Enrique C. Zaldivar_______
[Print Name]
__ Chief Executive Officer__
[Title]
Dated: PERFORMA LABS, INC.
By: ________________________
Anderee Berengian
Chief Executive Officer
APPROVED AS TO FORM:
____________________________
[City Attorney/County Counsel/Deputy Attorney General for Client]
26 Performa SaaS Agreement
ATTACHMENT A
PRICE LIST AND SERVICE FEE CALCULATION
SUBSCRIPTION TERM: 8/1/24 – 12/31/24
TRAINING MODULE DESCRIPTION INTERNAL ID SEATS UNIT PRICE TOTAL Administrator Dashboard Admin_Dash 46 $10.00 $460.00
De-escalation Awareness & Communication
Course (POST ID 1487-20185) CA_DE_23/24 46 $175.00 $8,050.00 Mental Health Decision Making Course (POST ID
1487-20908) CA_MH_23/24 46 $180.00 $8,280.00
SUBTOTAL $16,790.00
VIP DISCOUNT ($460.00)
TOTAL $16,330.00
Use of Force
*Plan 1 Reimbursable
(4 hours, PSP)
Strategic Communication
*Plan 4 Reimbursable
(2 hours, PSP)
Domestic Violence
(2 hours, CPT)
Vehicle Pursuits
(2 hours, CPT)
COURSE LIST + PRICING
POST APPROVED
COURSES DESCRIPTION
PRICE PER USER/YEAR
$125
$75
$90
$180
Mental Illness/ Mental
Health
(4 hours, CPT)
De-escalation
(4 hours, CPT)
Advanced De-escalation
(4 hours, CPT)
$90
$175
$175
CONFIDENTIAL. INTENDED SOLELY FOR THE USE OF THE RECIPIENT(S). www.performa-labs.com(888) 737-3522
This course provides updated legislative content of Penal Code Section 835a. This self-paced course is designed to improve students’ ability to observe, assess, and make appropriate real-time use of force decisions when required using body worn camera video. The course consists of practical, simulation-based, interactive training that in-service personnel can complete at the time and place of their choosing using their mobile phone. (POST ID 1487-29580) This self-paced course is designed to improve the students’ ability to achieve voluntary compliance and best possible resolutions using strategic communication across a wide variety of real-world, body worn camera scenarios. The course consists of practical, simulation- based, interactive training that in-service personnel can complete at the time and place of their choosing using their mobile phone. (POST ID 1487-29540)
This self-paced course fulfills the state-mandated requirements for in- service officers below the rank of supervisor assigned to patrol duties and responding to domestic violence calls. The training provides updated legislative content mandated under Regulation 1081 and Penal Code 13519(g), including recent changes to domestic violence laws and CA-POST’s Guidelines for Law Enforcement Response to Domestic Violence. (POST ID 1487-32343)
This self-paced course will provide the student with training on various Mental Health related topics outlined in California Penal Code Sections 13515.27, 13515.28, and 13519.2. The intent of the course is to enhance law enforcement’s awareness, responses, and interactions with persons suffering from mental health disorders, substance use disorders, and intellectual/developmental disabilities. (POST ID 1487-20908) This 2-hour, self-paced course meets the annual requirement for instruction in handling high-speed vehicle pursuits. The training provides updated legislative content mandated under Regulation 1081 and Penal Code 13519.8(a)-(e).(POST ID 1487-21122)
The intent of this more advanced course is to improve the student’s ability to keep themselves and the public safe, make appropriate force decisions when required, perceive mental health and medical situations, and assess the potential of generating voluntary compliance through strategic communication across a wide variety of real-world scenarios using body worn camera video. (POST ID 1487-20186)
The intent of this course is to improve the student’s ability to keep themselves and the public safe, make appropriate force decisions when required, perceive mental health and medical situations, and assess the potential of generating voluntary compliance through strategic communication across a wide variety of real-world scenarios using body worn camera video. (POST ID 1487-20185)
Performa Labs
Phone: 1.949.381.6200
19600 Fairchild Rd. Suite 300
t. +1.949.381.6200
Irvine, CA 92612
May 29, 2024
Captain Joshua Hendricks
Baldwin Park Police Department
14403 E. Pacific Avenue
Baldwin Park, CA 91706
Re: Performa Labs – Sole Source Training Provider:
Captain Hendricks,
My name is Anderee Berengian, and I am an authorized representative of Performa Labs, Inc. (“Performa”).
This letter is to confirm that the Performa Labs app (“Product”) is a sole-source product, developed, sold, and distributed exclusively by Performa. No company known to our firm, makes a similar or competing product due to our software product being a first-of-its-kind.
This Product provides POST-approved, self-paced, mobile training to the Baldwin Park Police Department. These services will allow Baldwin Park Police Department to complete interactive training on a mobile app on the users’ schedule, and at their discretion.
As there are no other like products available for purchase that serves the same function, this Product must be purchased directly from Performa at the address listed above. There are no agents or dealers authorized to represent this product.
If you desire additional information, don’t hesitate to contact me at (1) 949-381-6200 at any time. Thank you for your interest in our product.
Sincerely,
Anderee Berengian
CEO, Performa Labs Inc.
[email protected]
STAFF REPORT
ITEM NO. _____12____
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
PREPARED BY: Anthony Vazquez, Public Works Manager
DATE: June 19, 2024
SUBJECT: Approval for Repair to Damaged Railing of the Pedestrian Overcrossing Bridge Caused by Vehicle Collision
SUMMARY
This report seeks the City Council’s approval for repairs to damaged fencing, rails, and lighting fixtures on the I- 10/ Bess Ave. Pedestrian Overcrossing (POC). This damage was caused by a vehicle exiting the freeway traveling at high rates of speed. This repair will initially cost the City $72,395.00 and will be re -imbursed through a subrogation claim through the insurance company. The selected vendor, Greg Ruvolo, submitted the only qualified bid and is able to make repairs in a timely manner.
RECOMMENDATION
It is recommended that the City Council:
1. Approve the repair s to the Pedestrian Overcrossing (POC) on the I -10/ Bess Ave in the amount of $72,395.00 to Greg Ruvolo; and
2. Authorize the Director of Finance to make the necessary appropriation and budget adjustments for the proposed repair to the Pedestrian Overcrossing (POC); and
FISCAL IMPACT
There is no fiscal impact to the City. The following account will be used to process payment for repairs. A subrogation claim will be submitted to the third-party insurance carrier to recoup costs associated with this claim and reimburse the same account that is used to process the payment.
Funds Description Amount
#403 – Internal Insurance Acct #403-10-160-54100-00000 – General Liability Claims $72,395.00 Total $72,395.00
BACKGROUND
The City of Baldwin Park and the State of California Department of Transportation (Caltrans) signed and executed a Freeway Maintenance Agreement (FMA) on September 2nd, 2020. The FMA outlined specific areas of responsibility for both parties and provided specific technical information related to the post -construction maintenance of the improvements along the freeway frontage roads of Garvey Ave and Dalewood Street.
Under the FMA, the City and Caltrans agree to accept respective operational and maintenance responsibilities and related associated costs. Maintenance activities are limited and apply only to landscaping, litter control, graffiti abatement, lighting adjacent to soundwalls and crossing structures. The City is responsible for the maintenance of vehicular and pedestrian overcrossings above the deck wearing surface. This includes handrails, light fixtures, signs, litter, and drainage inlets.
DISCUSSION
On October 26th, 2023, a vehicle traveling westbound on the I-10 fwy exited on Frazier Street at a high rate of speed, colliding into the approach of the pedestrian overcrossing bridge causing significant damage to the bridge’s screening, fencing, rails, and lighting fixtures . The city of Baldwin Park and Caltrans both inspected the bridge to confirm the damage to the approach did not involve structural damage. In the meantime, maintenance staff straightened out some of posts and placed temporary supports to the damaged fencing.
The Public Works department met with three (3) prospective vendors to inspect the site and provide a quote. Out of the three (3), only one (1) submitted a responsive quote while the others, upon further consideration, decided to decline quoting on the job. The selected qualified vendor, Greg Ruvolo, has successfully completed various jobs for the City of Baldwin Park and is able to complete this repair in a timely manner.
A claim has been filed with State Farm, a third-party insurance company, to commence the subrogation process to recoup funds. A Claim Number has been identified to this incident. Pictures of the incident and the repair quote have also been submitted to State Farm for their review and approval. The Public Works Department will work with the Risk Management / Human Resources to ensure that all proper steps are taken to complete the subrogation process.
ALTERNATIVES
1. The City Council may choose not to approve moving forward with the repair of this overcrossing. This is not recommended as this repair is overdue and in need of immediate attention.
2. The City Council may direct staff with a desired alternative.
CEQA REVIEW
Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and are not statutorily or categorically exempt from CEQA. (Pub. Res. Code§ 21065.) To the extent that matters, it has been determined that the action does not constitute a “project” under CEQA.
LEGAL REVIEW
None
ATTACHMENTS
1. Copy of Requisition for Repair of I-10/ Bess Ave Pedestrian Overcrossing (POC) for Greg Ruvolo.
2. Quote from Greg Ruvolo in the amount of $72,395.00.
3. Pictures of damage to bridge
5. Copy of Staff Report Approving the Freeway Maintenance Agreement (FMA)
Fax #:
If yes, please attach proof that the vendor is in good standing and free of suspension and debarment on SAM.gov. x Telephone
x Email
Internet
Other (Please provide explanation):
Name of em
ployee who obtained / received quotes:
Vendors: Contact Person or Email:
Please provide justification for purchase below:
Repair required due to damage sustained to pedestrian overcrossing (POC) at I10 - Bess/Frazier caused by vehicle collision. Subrogation will be submitted to State Farm Insurance. Selected vendor, Greg Ruvolo, was the only vendor who submitted a quote and is able to perform work in timely fashion.
Greg Ruvolo
Stump Fence Co.
Method:
Greg Ruvolo
Matthew Stump
Nacho
Purchases of $5,000 or more require three quotes. Please provide the information requested below. Justification required for Sole Source.
Phone # or Web Address:
Nacho's Iron Works
$72,395.00
Declined Job
Quotes:
Anthony Vazquez/ Fernando Rubio
562-824-7725
888-90 - Fence
626-417-6682
Anthony Vazquez
Declined Job
to State Farm Insurance.
Total AmountUnit PriceItem Qty Unit Account No.Catalog/Item No./Description Phone #:
15021 Lashburn St.
Whittier, CA 90604
562-824-7725
Address:
Vendor:5.29.2024
Date Required: Order Date:
Vendor #:
CITY OF BALDWIN PARK
PURCHASE REQUISITION
Date:
Requisition #:
P.O. #:Greg Ruvolo
0.00 0.00
fabric, railing, and some lighting. Details listed on estimate No. 617.
0.00 Shipping:
Total: 72,395.00
Purchase Requisition for selected vendor, Greg Ruvolo, to make necessary repairs to damaged 403-10-160-54100-00000 72,395.00 collision that occurred on 10.26.2023. The area of damage includes multiple columns, fencing upon further consideration. This repair will be a subrogation claim. Claim has been submitted 0.00 pedestrian overcrossing (POC) located at I10-Bess Ave. Damage to bridge was due to traffic X
0.00 Selected vendor was the only vendor to submit a quote. Two (2) other vendors declined the 72,395.00Subtotal:
Are you using federal funds for this purchase? Yes No
Claim# 7558H099M
0.00 Division Head Approval Division Head Name (Printed) Department Head Approval
Tax:
Samuel Gutierrez
Department Head Name (Printed)
Revised 5-28-2024
($10,000.01 - $50,000.00 Requires CEO Approval)
CEO Approval
(Over $50,000.00 Requires City Council Approval)
CEO Name (Printed)
Estimate No: 617
Date: 05/05/2024
Estimate
For: City Of Baldwin Park
13165 Garvey Ave
Baldwin Park, CA, 91706-4627
Ship T o:Bridge walkway damage repair
Garvey ave. Baldwin park
Tracking No
Ship Via
FOB
Description Quantity Rate Amount
Dismantle and remove all damaged upright beams,cross supports,fencing,hand rails, light fixtures and cable1 $6,380.00$6,380.00 Fabricate 6 steel beams and all cross supports with all supports for top cover that incases lighting fixtures (galvanized steel)
1 $26,680.00$26,680.00
Cut out sections of damaged concrete and replace with new 4,000# concrete and 3/4” rebar to support new beams
1 $5,670.00$5,670.00
Install all new beams and light fixtures 1 $17,525.00$17,525.00 Stretch appropriately 30’ on one side and 20’ on the other side of walkway with 1” no climb chain link fencing1 $8,570.00$8,570.00 All paint,hardware,cable and other consumables 1 $1,320.00$1,320.00 Secure area of damage with temporary fencing and caution tape for safety while work is being performed 1 $650.00 $650.00 Any damaged lighting fixtures or wiring costs tbd after dismantling 1 $0.00 $0.00 Fabricate and install approximately 50’ of galvanized steel 1 1/2” continuous run Ada hand rail1 $5,600.00$5,600.00 Subtotal $72,395.00
Shipping $0.00
T otal $72,395.00
T otal $72,395.00
Greg Ruvolo15021 Lashburn St
Whittier Ca 90604
562-824-7725
1 / 7
Notes
***ALL POWER TO LIGHT FIXTURES WILL BE LOCKED OUT AND TAGGED BY CUSTOMER BEFORE ANY WORK ON BRIDGE BEGINS *** Greg Ruvolo - Estimate 617 - 05/05/2024
2 / 7
Photo 1
Greg Ruvolo - Estimate 617 - 05/05/2024
3 / 7
Photo 2
Greg Ruvolo - Estimate 617 - 05/05/2024
4 / 7
Photo 3
Greg Ruvolo - Estimate 617 - 05/05/2024
5 / 7
Photo 4
Greg Ruvolo - Estimate 617 - 05/05/2024
6 / 7
Photo 5
Greg Ruvolo - Estimate 617 - 05/05/2024
7 / 7
Pictures of Damage to Pedestrian Over-crossing _ I10 Bess Ave/ Frazier St. _ 10.26.2023
STAFF REPORT
ITEM NO. ________5_________
TO: Honorable Mayor and Members of the City Council
FROM: Sam Gutierrez, Director of Public Works
DATE: September 2, 2020
SUBJECT: Approval of a Freeway Maintenance Agreement with the State of California Department of Transportation (Caltrans) Covering Maintenance of City -Side Frontage Roads Along the I -10 Freeway from the I -605 Freeway to the East City Limit
SUMMARY
This report seeks City Council consideration for the approval of a Freeway Maintenance Agreement between the State of California Department of Transportation (Caltrans) and the City of Baldwin Park covering maintenance of City-side frontage roads along the I -10 Freeway from the I -605 Freeway to the east City Limit (Puente Avenue). The FMA will supersede the current agreement and incorporat e additional maintenance areas including the Puente Avenue underpass slopes.
RECOMMENDATION
It is recommended that the City Council approve the Freeway Maintenance Agreement (FMA) with the State of California Department of Transportation (Caltrans) and au thorize the Mayor to execute the agreement.
FISCAL IMPACT
There is no impact to the City’s General Fund related to the execution of the FMA . Maintenance operations costs will be absorbed by the various maintenance cost centers in future Public Works operations budgets throughout the term of the FMA.
BACKGROUND
On April 10, 1958, a Freeway Agreement was executed between City of Baldwin Park and Caltrans, agreeing on the maintenance of the local street s and roads system required for the development of State Highway Route (SR) 10 within the jurisdictional limits of the City of Baldwin Park as a freeway.
On April 16, 2008, the City and Caltrans executed an FMA commencing upon the completion of the High Occupancy Vehicle lane (HOV) Phase 1 Project. The FMA outlined specific areas of responsibility for both parties and provided specific technical information related to the post- construction maintenance of the improvements along the freeway frontage roads of Garvey Avenue and Dalewood Street. Since the constructio n limit s of the Phase 1 Project concluded westerly of Puente Avenue, it did not include maintenance of the Puente Avenue slopes.
The proposed FMA will supersede the agreement that is currently in place and includes additional maintenance coverage area related to the recent improvements constructed under Phase 2 .
Additionally, the proposed FMA provides clarification for the maintenance of areas previously agreed upon during Phase 1 under the current agreement . The agreement updates the entire legal and contract-related language specific to the areas of responsibility by Caltrans and the City.
Upon City Council approval , the City’s responsibilities carried over from Phase 1 will commence immediately while the added maintenance responsibilities for of the im provements from Phase 2 will commence upon acceptance of said improvements.
DISCUSSION
Under the FMA, the City and Caltrans agree to accept respective operational and maintenance responsibilities and related associated costs. Maintenance activities are limited and apply only to landscaping, litter control, graffiti abatement and lighting adjacent to soundwalls and crossing structures. These include keeping, inspecting and maintaining the agreed locations in a safe, clean and orderly condition. The City further agrees to repair or replace damaged the deck wearing surface and drainage inlets for the City side overcrossing and undercrossing. The City’s responsibilities are summarized as follows:
• Vehicular and Pedestrian Overcrossings – City will maintain the deck wearing surface and drainage inlets, lighting sidewalks, signs, pavement markings and bridge rails • Vehicular and Pedestrian Undercrossings – City will maintain the roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage, and lighting
• Walls and Columns – City will maintain City-side of any wall structure or column free of debris, dirt, and graffiti.
• Landscape Areas – City will maintain any plantings or other types of roadside development lying outside of the fenced right of way area reserved for exclusive freeway use including the landscape slopes along Puente Avenue
• Interchange Operations – City has no maintenance responsibilities dealing with the operations at interchanges. It is Caltrans’ responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads • Electrically Operated Traffic Control Devices – City and Caltrans agree to share responsibility for maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necessary electrically operated traffic control devices placed City streets and roads and at ramp connections
The FMA has been reviewed by staff and the City Attorney’s office and is recommended for City Council approval.
ENVIRONMENTAL
The action being considered by the City Council is exempt from the California Environmental Quality Act (CEQA) because it is not a “project” under Section 15378(b)(5) of CEQA Guidelines. The action involves an organizational or administrative activity of government that will not result in the direct or indirect physical change in the environment.
ALTERNATIVES
1. The City Council may choose to reject the Freeway Maintenance Agreement. This action is not recommended as it may delay crucial maintenance of City streets and roads adjacent to the freeway.
2. Provide Staff with alternative direction.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Freeway Maintenance Agreement
FMA City of Baldwin Park SR 10 PM 30.84/33.65
1 FREEWAY MAINTENANCE AGREEMENT
WITH
CITY OF BALDWIN PARK
THIS AGREEMENT is made effective this ______ day of ____________, 20__, by and between the State of California, acting by and through the Department of Transportation, hereinafter referred to as “STATE” and the C ity of Baldwin Park, hereinafter referred to as “C ITY” and collectively referred to as “PARTIES”.
SECTION I
RECITALS
1. WHEREAS, on April 10 , 1958 a Freeway Agreement was executed between CITY and STATE, wherein the PARTIES consented to certain adjustments of the local street and road system required for the development of that portion of STATE Highway Route (SR) 10 within the jurisdictional limits of the CITY as a freeway; and
2. WHEREAS, recent adjustments to said freeway have now been completed, and the PARTIES hereto mutually desire to identify the maintenance responsibilities for improvements to separation structures and landscaped areas lying within those modified freeway limits; and
3. The degree or extent of maintenance work to be performed, and the standards therefore, shall be in accordance with the provisions of Section 27 of the Streets and Highways Code and the then current edition of the State Maintenance Manual.
4. WHEREAS, under paragraph 5, page 3 of the above Freeway Agreement, CITY has resumed or will resume control and maintenance over each of the affected relocated or reconstructed CITY streets, except for those portions adopted as a part of the freeway proper.
5. WHEREAS, new improvements have been constructed within the limits of this previously executed April 16, 200 8 Freeway Maintenance Agreement, and the PARTIES desire to supersede such previously executed Freeway Maintenance Agreement.
NOW THEREFORE IT IS AGREED:
SECTION II
AGREEMENT
1. CITY agrees to continue its control and maintenance of each of the affected relocated or reconstructed CITY streets and roads as shown on that plan map attached hereto, marked Exhibit A, and made a part hereof by this reference.
2. The PARTIES agree to share the maintenance responsibilities on individual infrastructure items as provided in Exhibit C attached and made a part of this Agreement by reference, as long as it is not in conflict with the terms of this Agreement. In case of a conflict, the terms of this Agreement shall prevail.
FMA City of Baldwin Park SR 10 PM 30.84/33.65
2 3. STATE agrees to continue control and maintenance of those portions adopted as a part of SR 10 Freeway proper as shown in Exhibit A.
4. If there is mutual agreement on the change in the maintenance duties between PARTIES, the PARTIES can revise Exhibit A and Exhibit C by a mutual written execution of Exhibit A and C.
5. When another planned future improvement has been constructed and/or a minor revision has been affected within the limits of the freeway herein described which will affect the PARTIES’ division of maintenance responsibility as described herein, STATE will provide a new dated and revised Exhibit A which will thereafter supersede the attached original Exhibit A and become part of this Agreement.
6. CITY and STATE agree to accept their then respective operational and maintenance responsibilities and related associated costs thereof in the event jurisdictional boundaries of the PARTIES should change and Exhibit A is amended to reflect those changes.
7. CITY must obtain the necessary an annual No Fe e Ramp Closures T raffic Control and Encroachment Permits from STATE’s District 07 Encroachment Permit Office prior to entering STATE right of way to perform CITY maintenance responsibilities. This permit will be issued at no cost to CITY.
8. CITY shall use reasonable efforts to eliminate - in compliance with and subject to all applicable law - illegal encampments including waste, litter, and refuse of CITY locality outside of the fenced right of way areas including overcrossing and undercrossing within the STATE right of way.
9. VEHICULAR AND PEDESTRIAN OVERCROSSINGS
9.1. STATE will maintain, at STATE expense, the entire structure of any STATE constructed vehicular and pedestrian overcrossings of SR 10 below the deck wearing surface thereon.
9.2. STATE will NOT maintain any decorative bridge patterns and if damaged, STATE will NOT replace the patterns.
9.3. CITY will maintain, at CITY expense, the deck wearing surface and drainage inlets (and shall perform such work as may be necessary to ensure an impervious and/or otherwise suitable surface) and all portions of the structure above the bridge deck, including, but without limitation, lighting installations, as well as all traffic service facilities (sidewalks, signs, pavement markings, bridge rails, etc.) that may be required for the benefit or control of traffic using that overcrossing.
9.4. As directed by section 92.6 of the Streets and Highways Code, at locations determined by STATE, screening shall be placed on STATE freeway overpasses on which pedestrians are allowed. All screens installed under this program will be maintained by STATE, at STATE expense.
FMA City of Baldwin Park SR 10 PM 30.84/33.65
3 10. VEHICULAR AND PEDESTRIAN UNDERCROSSINGS
10.1. STATE will maintain the entire structure of all STATE-constructed vehicular and pedestrian undercrossings of STATE freeways except as hereinafter provided.
10.2. CITY will maintain the roadway sections, including the traveled way, shoulders, curbs, sidewalks, wall surfaces (including eliminating graffiti), drainage installations, lighting installations and traffic service facilities that may be required for the benefit or control of traffic using that undercrossing.
10.3. CITY will request STATE’s District Encroachment Permit Engineer to issue the necessary Encroachment Permit for any proposed change in minimum vertical clearances between CITY roadway surface and the structure that results from modifications to the roadway (except when said modifications are made by STATE). If the planned modifications will result in a reduction in the minimum clearance within the traveled way, an estimate of the clearance reduction must be provided to STATE’s Transportation Permit Engineer prior to starting work. Upon completion of that work, a vertical clearance diagram will be furnished to STATE’s Transportation Permit Engineer that shows revised minimum clearances for all affected movements of traffic, both at the edges of the traveled way and at points of minimum clearance within the traveled way.
11. WALLS AND COLUMNS – CITY is responsible for debris removal, cleaning, and painting to keep CITY’s side of any wall structure or column free of debris, dirt, and graffiti.
12. LANDSCAPED AREAS - CITY is responsible for the maintenance of any plantings or other types of roadside development lying outside of the fenced right of way area reserved for exclusive freeway use as shown on Exhibit “A”. CITY is responsible to maintain any plantings or other types of roadside development placed by CITY on the State’s right of way.
13. INTERCHANGE OPERATION - It is STATE’s responsibility to provide efficient operation of freeway interchanges, including ramp connections to local streets and roads.
14. ELECTRICALLY OPERATED TRAFFIC CONTROL DEVICES
14.1. The cost of installation, operation, maintenance, repairs, replacement and energy costs of safety lighting, traffic signals or other necess ary electrically operated traffic control devices placed at interchanges of SR 10 Freeway and CITY streets and roads and at ramp connections or SR 10 and CITY facilities shall be shared by the PARTIES . A separate “Shared Cost Electrical Agreement” executed on June 16, 2004 and amended on August 15, 2006, allocated these costs between the PARTIES.
14.2. Timing of traffic signals, which shall be coordinated with CITY to the extent that no conflict is created with freeway operations, shall be the sole responsibility of STATE.
15. LEGAL RELATIONS AND RESPONSIBILITIES
FMA City of Baldwin Park SR 10 PM 30.84/33.65
4 15.1. Nothing within the provisions of this Agreement is intended to create duties or obligations to or rights in third parties not PARTIES to this Agreement or to affect the legal liability of a PARTY to the Agreement by imposing any standard of care with respect to the operation and maintenance of STATE highways and local facilities different from the standard of care imposed by law.
15.2. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by STATE, under or in connection with any work, authority or jurisdiction conferred upon STATE and arising under this Agreement. It is understood and agreed that STATE shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation and other theories or assertions of liability occurring by reason of anything done or omitted to be done by STATE under this Agreement.
15.3. Neither STATE nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY under or in connection with any work, authority or jurisdiction conferred upon CITY and arising under this Agreement. It is understood and agreed that CITY shall fully defend, indemnify and save harmless STATE and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, including, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY under this Agreement.
16. PREVAILING WAGES:
16.1. Labor Code Compliance - If the work performed on this Project is done under contract and falls within the Labor Code section 1720(a)(1) definition of a "public work" in that it is construction, alteration, demolition, installation, or repair; or maintenance work under Labor Code section 1771. CITY must conform to the provisions of Labor Code sections 1720 through 1815, and all applicable provisions of California Code of Regulations found in Title 8, Chapter 8, Subchapter 3, Articles 1-7. CITY agrees to include prevailing wage requirements in its contracts for public work. Work performed by CITY 'S own forces is exempt from the Labor Code's Prevailing Wage requirements.
16.2. Requirements in Subcontracts - CITY shall require its contractors to include prevailing wage requirements in all subcontracts funded by this Agreement when the work to be performed by the subcontractor is a "public work" as defined in Labor Code Section 1720(a)(1) and Labor Code Section 1771. Subcontracts shall include all prevailing wage requirements set forth in CITY's contracts.
17. SELF-INSURED - CITY is self -insured. CITY agrees to deliver evidence of self -insured coverage providing general liability insurance, coverage of bodily injury liability and property damage liability, naming the STATE, its o fficers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million FMA City of Baldwin Park SR 10 PM 30.84/33.65
5 in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE that shall be delivered to the STATE with a signed copy of this Agreement.
17.1. SELF-INSURED using Contractor - If the work performed under this Agreement is done by CITY’s contractor(s), CITY shall require its contractor(s) to maintain in force, during the term of this agreement, a policy of general liability insurance, including coverage of bodily injury liability and property damage liability, naming the STATE, its officers, agents and employees as the additional insured in an amount of $1 million per occurrence and $2 million in aggregate and $5 million in excess. Coverage shall be evidenced by a certificate of insurance in a form satisfactory to the STATE and shall be delivered to the STATE with a signed copy of this Agreement.
18. TERMINATION - This Agreement may be terminated by timely mutual written consent by PARTIES, and CITY ’s failure to comply with the provisions of this Agreement may be grounds for a Notice of Termination by STATE.
19. TERM OF AGREEMENT - This Agreement shall become effective on the date first shown on its face sheet and shall remain in full force and effect until amended or terminated at any time upon mutual consent of the PARTIES or until terminated by STATE and/or CITY for cause.
PARTIES are empowered by Streets and Highways Code Section 114 and 130 to enter into this Agreement and have delegated to the undersigned the authority to execute this Agreement on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this Agreement.
FMA City of Baldwin Park SR 10 PM 30.84/33.65
6 I
N WITNESS WHEREOF, PARTIES hereto have set their hands and seals the day and year first above written.
THE CITY OF BALDWIN PARK STATE OF CALIFORNIA
DEPARTMENT OF TRANSPORTATION
B
y: __________________________
Manuel Lozano, Mayor
ADE
TOKUNBO TOKS OMISHAKIN
Director of Transportation
Initiated and Approved
B
y: ___________________________
Shannon Yauchzee
Chief Executive Officer
B
y: ___________________________
Deborah Prochnow
Deputy District Director
Division of Maintenance, District 07
ATTEST:
B
y: __________________________
CITY Clerk
B
y: __________________________
Robert N. Tafoya
CITY Attorney
As to
Form and Procedure:
By: ____David P. Harris_________
Attorney
Department of Transportation
STAFF REPORT
ITEM NO. ____13____
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Manuel Carrillo Jr., Director of Recreation and Community Services
DATE: June 19, 2024
SUBJECT: Letter of Support for Kaiser Permanente Application for a Proposed All-inclusive Care For the Elderly (PACE) Program Center
SUMMARY
Kaiser Permanente has requested the City’s support for the development of a PACE Program facility to be located in the neighboring City of West Covina, and which would be complementary to the KP Baldwin Park Medical Center service area.
RECOMMENDATION
It is recommended that the City Council:
1. Approve Issuing a Letter of Support for Kaiser Permanente’s application for a proposed PACE Program Center in the City of West Covina, to serve elderly KP members in part of the KP Baldwin Park Medical Center service area.
2. Authorize the Chief Executive Officer to prepare and issue the Letter of Support with City Council and CEO signatures addressed to:
California Health and Human Services Agency
Department of Health Care Services
Integrated Systems of Care Division
Attn: Elva Alatorre, PACE Unit Chief
PO Box 997413
Sacramento, CA 95899-7413
FISCAL IMPACT
Not Applicable
BACKGROUND AND DISCUSSION
Kaiser Permanente in partnership with Town Hall Ventures under the moniker Habitat Health, is applying to the State of California for approval of a PACE Center in the City of West Covina, which would service Baldwin Park and other cities in the KP Baldwin Park Medical Center service area. Habitat Health PACE services would be for senior residents age 55 or older, are in need of nursing-home type of care, and are members of Kaiser Permanente.
PACE services are provided in-home as an alternative to being admitted to a live-in nursing home, an option that may be more suitable for many residents. And in many cases, far more affordable for low-income, older seniors; and at no cost to anyone enrolled in Medicaid.
Accessibility and affordability of care for the City’s aging senior population is ever more critical. The development of the PACE in our vicinity would provide an affordable and convenient option for our senior community.
ALTERNATIVES
City Council can choose not to approve the Letter of Support
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Sample Letter of Support
2. PACE Program Information Sheet
California Health and Human Services Agency
Department of Health Care Services
Integrated Systems of Care Division
Attn: Elva Alatorre, PACE Unit Chief
PACE Unit, Mail Station 4502
PO Box 997413
Sacramento, CA 95899-7413
RE: Letter of Support for Habitat Health Program of All-Inclusive Care for the Elderly (“PACE”)
Dear Ms. Alatorre,
On behalf of [insert organization], I am delighted to offer our support in [Kaiser Permanente and Habitat Health] intent to develop PACE, a Program of All-inclusive Care for the Elderly (PACE), in [service area], California.
We believe they are well-positioned to offer this comprehensive Medicare and Medi-Cal integrated benefit to long-term care qualified individuals in the [service area] County region. PACE is a model of care which has consistently proven to deliver quality-based outcomes for people who are especially vulnerable and at highest risk for entry into institutional-based care. [Note: language here can be tailored as desired.]
Based on our organization's long-standing relationship with Kaiser Permanente, we fully support Kaiser Permanente’s joint application with Habitat Health to California Department of Health Care Services (DHCS). We look forward to collaborating with Kaiser Permanente and Habitat Health and DHCS in this endeavor and are excited to see the development of their PACE program. Should you have any questions about our organization and our support for the development of the PACE program, please feel free to contact me for further information.
Sincerely,
[Name]
[Title]
[Organization]
PACE in California
The Program of All-inclusive Care for the Elderly
Who Does PACE Serve?
55+ and Nursing Home Eligible
Live in a PACE Service Area
Can Live in Community Safely with PACE Support
72% Are Dually Eligible for Medicare & Medi-Cal
The Program for All-inclusive Care for the Elderly (PACE) is a fully integrated, community-based care program for adults 55 and older living with chronic illnesses and disabilities with services administered by an interdisciplinary care team. PACE provides individualized care to more than 15,000 frail seniors in California.
Where Does PACE Operate?
69 PACE Centers or
Alternative Care Sites
22 Counties
2 3 PACE Organizations
PACE Center and In-Community Services
PACE Outcomes
98% of participants live in community
92% are very satisfied with their care
91% would recommend PACE to a friend/relative
97% of caregivers would recommend PACE
Hospital utilization comparable to
general Medicare population
PACE is Cost-Effective
PACE Participants Have High Needs
28% are Over 80 Years of Age
100% are Nursing Home Eligible
Average of 18 Medical Conditions
55% have 3+ Limitations in Daily Living Activities
32% have Alzheimer’s or Related Dementia
Average Age
74 Up to 42%
Less Costly than Institutional Care
for ben/f_iciaries with comparable needs
$131 Million
Total Savings to California Taxpayers
from 2021 PACE Enrollment
PACE Serves a Diverse Population
Black 7% 43% Latino
Other 8%
White 20% 22% Asian
All Acute Medical
Care Services
Meals Transportation
Therapies
Home Care Prescription Drugs
SNF/RCFE
Other Services as Needed to Help Participant
Safely Remain in the Community
Prevalent Chronic Conditions
Vascular disease | Polyneuropathy
Major depressive, bipolar disorders
Congestive heart failure | Diabetes
25.6% Test Positive for COVID-19 —
Over 73% less than nursing homes
6.7% COVID-19 Hospitalizations
2.4% COVID-19 Deaths
Meeting the COVID-19 Challenge
CalPACE • 1315 I Street, Suite 100, Sacramento, CA 95814 • 855-921-PACE • [email protected] • www.calpace.org
STAFF REPORT
ITEM NO. _____14_____
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Ron Garcia, Director of Community Development
DATE: June 19, 2024
SUBJECT: Grant Application for Tobacco Program Enforcement Activities- California State Attorney General Office
SUMMARY
The Office of California State Attorney General Rob Bonta is offering grant funding for enforcement activities related to the retail sale of tobacco products., funded by Proposition 56, the California Health care, Research and Prevention Tax Act of 2016. The City of Baldwin Park adopted its own Flavored Tobacco Ban Ordinance No 1463 in November 2021. Staff is requesting approval to apply for the grant.
RECOMMENDATION
It is recommended that the City Council:
1. Authorize Staff to apply for the California Attorney General Tobacco Grant Program Fiscal Year 24/25 Cycle, by the deadline of June 28, 2024 in partnership with the Wellness Center of LA in accordance with guidelines.
FISCAL IMPACT
Grant funds will provide funding for city staff to conduct enforcement activities on an overtime basis and not impacting existing funding or workload. The dollar amount of the grant request will be within the guidelines and will be determined prior to submitting the application. There is no match funding requirement.
BACKGROUND AND DISCUSSION
The Office of the State Attorney General recently announced the availability of up to $28.5 million in grant funding for local enforcement efforts to reduce the illegal sale of tobacco products to minors. The City had partnered with the Wellness Center of LA (WCLA) in the development of the City’s Flavored Tobacco Ban Ordinance No. 1463, which the City Council adopted in November 2021. WCLA was also instrumental in assisting the City with education efforts and with helping us secure training courses for our Code Enforcement Group offered by the LA County Department of Public Health.
Staff similarly intends to partner with WCLA i n the subject grant application to present a more comprehensive and effective grant proposal. The City’s Code Enforcement Group will team up with WCLA and will provide enforcement activities which would range from friendly visits to retailers to issuance of citations if necessary if they are found to be making illegal sales. WCLA will develop a retail diversion program, organize a taskforce for tobacco enforcement coordination, and will coordinate enforcement of the tobacco retail license program. Of interest is the fact that the grant does not cover general education activities to youth groups or to the general public. It is strictly for enforcement-related activities.
ALTERNATIVES
City Council may choose to not approve the authorization to apply for the grant.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to form.
ATTACHMENTS
1. None
STAFF REPORT
ITEM NO. _____15_____
TO: Honorable Mayor and Members of the City Council
FROM: Enrique C. Zaldivar, Chief Executive Officer
Ron Garcia, Director of Community Development
PREPARED BY: Nick Baldwin, City Planner
DATE: June 19, 2024
SUBJECT: Grant Application- Single Jurisdiction Local Hazard Mitigation Plan- Governor’s Office of Emergency Services.
SUMMARY
In its efforts to enhance safety and resiliency at the community level, the Office of the Governor has offered grant funding to local jurisdictions to prepare Local Hazard Mitigation Plans. Local Hazard Mitigation Plans are planning documents intended to analyze natural occurring risks to communities, such as fire, flood, and earthquake, and prepare policies, action items, and plans so that jurisdictions can respond in an organized and effective manner. The deadline to apply for this grant application was June 10, 2024, and to make the cutoff, Staff submitted the application to the State.
RECOMMENDATION
It is recommended that the City Council:
1. Ratify actions taken by staff for submission of the grant application signed by the Chief Executive Officer (CEO) and prepared by Community Development Staff and its consultant for the Single Jurisdiction Local Hazard Mitigation Plan grant from the Governor’s Office of Emergency Services.
FISCAL IMPACT
There would be no fiscal impact to the city. The grant amount from the State of California would be in the amount of approximately $218,000 to cover the cost of plan preparation and the City’s matching contribution to the effort would be in the form of City Staff labor. It is anticipated that the grant amount would cover the full project costs including retention of the consultant, public outreach efforts, and plan creation.
BACKGROUND
The City’s existing Local Hazard Mitigation Plan that was prepared in 2004 is out of date. The recently approved Safety Element of the General Plan recommended an update to this plan.
DISCUSSION
City Staff only recently became aware of the opportunity to receive grant funding for the creation of a Local Hazard Mitigation Plan and Staff had to react quickly to maintain eligibility. It is for this reason that this request is for a ratification instead of an authorization to submit an application.
The grant application is more thoroughly described in the section below. This section details what the plan intends to achieve, the legal standards that it must meet, the contributors to the plan content, the organization of the planning team, and the consultant’s role in the project preparation.
The City of Baldwin Park, under the guidance of its Community Development Department, will complete a single jurisdiction local hazard mitigation plan (SJLHMP) plan. The SJLHMP will help the City identify policies and actions that can be implemented to reduce risk and future losses. The SJLHMP will focus on natural hazards and address climate change impacts pursuant to SB379 and SB1000. The planning team will comprise of representatives from the City’s Planning Division, Department of Public Works, the Office of the CEO, Finance Department and Police Department and key stakeholders intrinsic to the success of the SJLHMP will include but are not limited to the following: County of Los Angeles Fire Department; County of Los Angeles Library; Baldwin Park Unifi ed School District; and the County of Los Angeles Emergency Management Division. The City will hire a qualified consultant, in accordance with 2 CFR 200 and State regulations and its own procurement and purchasing policy. The consultant will collaborate di rectly with the Community Development Senior staff and help the planning team develop the plan through the required steps until the final plan is adopted and subsequently incorporated into the City’s Safety Element of its General Plan and comply with AB 21 40 . The consultant and the planning team will take into consideration demographics, geography, technical, vulnerabilities, and political characteristics into the planning process, demonstrate knowledge of land use, community development, and local, county, state and federal policies and guidance, ordinances, and regulations. Moreover, the consultant and planning team members will commit to FEMA guidance throughout the development of the local hazard mitigation plan. The final deliverable will be a FEMA- approved hazard mitigation plan, adopted by the City, and will follow FEMA’s mitigation planning requirements. The consultant will serve as the author of the SJLHMP.
Consultant Work
The Consultant will work alongside the City’s planning team and use the collected data, models, and public input to recommend mitigation policies and projects to be incorporated. These mitigation activities will be ranked based on effectiveness and efficiency in minimizing or eliminating the loss of property or life due to hazards identified in the City of Baldwin Park. The Hazard Identification phase will incorporate relevant research, investigation, and discussions, history of past hazard events, including the California State Hazard Mitigation Plan and Los Angeles County’s Emergency Response Plan with the planning team and the County’s Emergency Response Plan, to identify specific hazards. The planning team will review the State’s CalOES MyHazards tool, and federal systems such as FEMA’s National Risk Index for Natural Hazards a nd NOAA’s National Centers for Environmental Information Storm Events Database. Also, hazard probabilities will be considered by the planning team when evaluating hazards and identifying which hazards are considered to be significant for inclusion in the plan. Maps and data, and reports will demonstrate to the planning team members, policy makers, and residents, the potential intensity, the probability of occurrence of diverse types of identified hazards and consider variations across neighborhoods or geogr aphies. GIS be used to create new maps, as well as existing hazard maps from online state/federal sources. Furthermore, public and stakeholder outreach and feedback will be used to inform and engage the community in hazard identification. The County of LA in its most recent Emergency Response Plan, identified seven major hazards that can impact the City: 1. Earthquakes 2. Floods, 3. Wildfire 4. Liquefaction
5. Landslide 6. Tsunami 7. Dam Failure.
This new plan will, as one of its components, identify areas where resources are needed to keep the community safe in the event of an emergency, which is valuable in its own right. Additionally, it is valuable because it will allow the City to pursue further grant funding for future public safety projects, such as an Emergency Operations Center, that require a plan to be in place first.
ALTERNATIVES
Council can direct Staff to withdraw the grant application.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. None
STAFF REPORT
ITEM NO. _____16_____
TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
PREPARED BY: Michelle Bravo, Housing Programs Coordinator DATE: June 19, 2024
SUBJECT: Amendment to the Consultant Services Agreement between the City of Baldwin Park, and Lorraine Mendez and
Associates, Inc. For HUD reporting and consulting services.
SUMMARY
The purpose of this report is to request that the City Council consider approving a third amendment to the Consultant Services Agreement between the City of Baldwin Park and Lorraine Mendez and Associates, Inc. to extend the agreement for twelve months to continue completing various planning and reporting requirements per the Department of Housing and Urban Dev elopment (HUD) regulations and meet the agency’s deadlines to guarantee the City receives CDBG and HOME funds for a not to exceed amount of $55,000.
RECOMMENDATION
It is recommended that the City Council authorize the Chief Executive Officer to execute an amended Consultant Services Agreement with Lorraine Mendez and Associates, Inc., subject to any non-substantive changes made by the CEO and City Attorney and authorize the Director of Finance to appropriate the funds and budget amendments accordingly.
FISCAL IMPACT
The new contract agreement is $55,000, which will cover the upcoming HUD reporting requirements for the FY 2024 to 2025 fiscal years.
Staff is intending to use available CDBG, and HOME admin funds. The FY 2024 and FY 2025 reporting service costs are budgeted as part of the new fiscal year budgets.
BACKGROUND
Pursuant to the U.S. Department of Housing and Urban Development (HUD), all state and local governments receiving Federal funds are required to prepare a five -year strategy designed to address the needs of extremely low, low and moderate-income households within the community as well as the completion of an Annual Action Plan to be submitted 45 days prior to the beginning of the fiscal year. If any substantial changes must be made during the Program Years a Substantial Amendment must be prepared and submitted to HUD. These plans serve as an application for grant funding for Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) funds received by the City. At the end of each fiscal year the city is also required to submit a Consol idated Annual Performance Evaluation Report (CAPER) to report outputs and outcomes that provides an assessment of the City’s performance.
On August 6, 2021, the City entered into an agreement with Lorraine Mendez and Associates, Inc., under the Director of Community Services’ spending authority for the preparation of the City’s 2020/21 CAPER with the option that if additional services are needed by the City, an amendment to the agreement will be required to add such services.
On March 16, 2022 the City Council approved an amendment to the Consultant Services Agreement to prepare and complete the FY 2019/20 Annual Plan Cares Act Substantial Amendment, HOME ARP Allocation Plan, FY 2022-2023 Annual Action Plan, and provide assistance to Housing staff with HUD related matters.
On April 5, 2023, the City Council approved a second amendment to the Consultant Services Agreement to prepare and comp lete various planning and reporting requirements related to CDBG and Home ARP per the Department of Housing and Urban Development (HUD) regulations and meet the agency’s deadlines to guarantee the City receives CDBG and HOME funds.
DISCUSSION
The Housing Division manages all HUD funding allocated to the City of Baldwin Park, including CDBG, HOME, and manages the Baldwin Park Housing Authority, which is a separate entity from the City. The Housing Division has seven (7) fulltime and one (1) part time staff members; five (5) staff mainly work with the Housing Authority Section 8 and Public Housing programs, and one (1) staff member works with the CDBG and HOME Programs.
Due to key staff vacancies and changes within the department the professional services provided by Lorraine Mendez has been instrumental in assisting staff with completing the necessary plans and HUD requirements.
On March 15, 2023 the City Council approved the City’s HOME -ARP Allocation Plan. The HOME-ARP funds in the amount of $1,128,360 would be to perform two activities including homeless supportive services, and a Tenant Based Rental Assistance Program (TBRA). Moreover, the Housing Division is also tasked with managing the Rent Stabilization Ordinance (RSO), and Permanent Local Housing Allocation Program (PLHA). Since January 2020, the Housing Division has taken on nine (9) new programs that have been managed wi th existing housing staff.
The additional consultant services to the Housing Division would allow staff to maintain the continuity of the anticipated level of housing supportive service to the City. Moreover, due to the recent Housing Manager vacancy and two ongoing housing specialist vacancies a consultant services amendment is needed to provide as needed assistance to the Housing Division and management of CDBG and Home programs for FY 2024 and FY 2025 including preparation of the FY 2025/26 Annual Action Plan and 2023/24 CAPER.
ALTERNATIVES
The City may decide not to approve this amendment; in this case, the City would not meet the required deadlines to receive funding.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Lorraine Mendez and Associates, Inc. Proposal
2. Lorraine Mendez and Associates, Inc. Agreement
3. Lorraine Mendez and Associates, Inc. Amendment No.3
PROPOSAL
HUD GRANT MANAGEMENT
CONSULTANT SERVICES
Prepared for:
City of Baldwin Park
Community Development Department
Prepared by:
June 2024
⬧ 2205 Spyglass Trail W. , Oxnard CA 93036 ⬧ T: (805) 665 -7310 ⬧ ⬧ E: Lorraine [email protected] ⬧
May 3, 2024
City of Baldwin Park
Community Development Department
ATTN: Ron Garcia, Community Development Director
14403 E. Pacific Avenue
Baldwin Park, CA 91706
SUBJECT: PROPOSAL FOR CITY OF BALDWIN PARK HUD GRANT MANAGEMENT
SERVICES
Dear Mr. Garcia,
Thank you for the opportunity to provide services related to the administration of your HUD programs. I am pleased to offer my extensive experience in providing professional grant administration services, including those related to the Community Development Block Grant and Home Investment Partnerships Act programs. I provide professional and technical services to various cities in Orange and Los Angeles Counties . I assist them with the development and implementation of program activities to ensure they are within HUD compliance. My consultant services also include the preparation and analysis of reports such as the Annual Action Plan, Consolidated Plan Amendments, and the Consolidated Annual Performance and Evaluation Report (CAPER). I ensure that all projects and activities are reported timely and accurately in the Integrated Disbursement and Information System (IDIS).
As principal of LMA, I will coordinate directly with city staff on all assignments and will serve as the primary staff member responsible for the quality completion of all tasks. Maintaining a dedication to detail, accuracy, and adherence to schedules is essential for delivering successful outcomes.
All correspondence regarding this proposal can be addressed to:
Lorraine Mendez, Principal
Lorraine Mendez & Associates
2205 Spyglass Trail W.
Oxnard, CA 93036
(805) 665-7310
[email protected]
Thank you for your consideration. I look forward to the opportunity to work for the City of Baldwin Park.
Sincerely,
LORRAINE MENDEZ & ASSOCIATES
City of Baldwin Park | Proposal for HUD Grant Management Services 1 INTRODUCTION
Lorraine Mendez & Associates, LLC has been in operation for 18 years, however, Ms. Mendez has over 23 years of experience working in or alongside municipalities in the administration of HUD programs. Ms. Mendez has been under contract with other jurisdictions over the last 18 years assisting with similar services offered in Baldwin Park. In addition to Baldwin Park, Ms.
Mendez is currently under contract with the cities of Westminster, Huntington Beach, Anaheim, and Burbank. She has also contracted with the cities of Huntington Park, Garden Grove, El Monte, and Henderson, NV in the past, as well.
It is understood that the City of Baldwin Park is seeking a qualified firm/person (s) to assist staff with the development of the 2 023/24 Consolidated Annual Performance and Evaluation Report (CAPER), the 2025/26 Annual Action Plan (AAP), and on an as -needed basis, with the administration of their HUD entitlement program, Community Development Block Grant (CDBG), and Home Investment Partnership Act (HOME), in particular. It is also understood that Baldwin Park currently has staff assigned full -time to the management and administration of these programs; nonetheless, they desire to contract with a n experienced consultant to provide technical assistance and services when needed on such projects as the development of the AAP, CAPER, AAP and Consolidated Plan Amendments, IDIS, file management, HUD program policies and procedures, subrecipient monitoring, project eligibility reviews, and other tasks related to the management and implementation of HUD grants.
To achieve client satisfaction and satisfy the requirements of the scope of work, Ms. Mendez will ensure that city staff will be apprised of grant performance, the timely expenditure of grant funds, and critical dates for federal reports. Ms. Mendez will also provide the tools (analyses, spreadsheets, protocols, and guidelines) necessary to assist staff in their decision-making.
City of Baldwin Park | Proposal for HUD Grant Management Services 2 PROFESSIONAL EXPERIENCE
Lorraine Mendez of Lorraine Mendez & Associates brings over 23 years of professional experience working with local governments – first as an employee in a Community Development Department where she gained knowledge and experience in the fields of Redevelopment, housing, community development, fiscal management, goal setting, and performance trackin g, and as of 2006, as a consultant dealing exclusively with CDBG and HOME entitlement programs.
Lorraine Mendez has been under contract with local jurisdictions over the last 18 years, including the cities of Westminster, Huntington Beach, Garden Grove, Huntington Park, Burbank, Baldwin Park, Anaheim, El Monte, and Henderson, NV providing administrative services associated with the HUD Program, more fully described in the Qualifications section. Ms. Mendez has a B.A. in Economics with a minor in Business Administration from California State University, Northridge.
Ms. Mendez has experience managing the entire CDBG program, relying on staff only to receive direction, gather needed data, and attend Council meetings. Also, a major focus in some client cities has been to improve the overall administration and implementation of the City’s HUD programs as required by HOME and CDBG regulations. Ms. Mendez has been successful at addressing program deficiencies and has established improved administrative protocols for activities under the CDBG and HOME programs.
Overall, Ms. Mendez provides a variety of services on an as -needed basis. Main services provided include the setting up, funding, and maintenance of HUD activities in IDIS; the development and maintenance of Annual Action Plans, Consolidated Annual Performance and Evaluation Reports (CAPER’s), and AAP Amendments (both minor and substantial); analyses of HUD funding availability and timeliness commitment and expenditure of funds; Environmental Review Records; assistance with draws; research and analysis of p roposed projects; activity eligibility reviews; development of standardized quarterly reporting for CDBG subgrantees; area benefit analyses; and other tasks as requested.
City of Baldwin Park | Proposal for HUD Grant Management Services 3 QUALIFICATIONS
Lorraine Mendez & Associates is qualified to support the administration of Baldwin Park’s HUD Programs. As project principal, Lorraine Mendez will maintain responsibility for ensuring the overall quality of work and any subcontracted staff (if needed) for this project, and the timeliness of project deliverables.
Over the past 1 8 years working exclusively as a consultant for cities such as Westminster, Huntington Beach, Anaheim, Garden Grove, El Monte, Huntington Park, Baldwin Park, and Henderson, Ms. Mendez has provided various HUD-related services and work products as outlined below.
1. CDBG/HOME Programs Administration
a. Develop and Maintain a Project Filing System and Checklist, including all necessary eligibility documentation to ensure compliance with HUD and federal cross -cutting requirements.
b. Conduct environmental reviews and prepare environmental review records for all activities per NEPA and the implementing regulations at 24 CFR Part 58. c. Manage the federal Integrated Disbursement and Information System (IDIS) required to set up, revise, fund, and report upon accomplishments and beneficiaries for all CDBG and HOME activities.
d. Generate, format, download, and analyze IDIS Reports. e. Prepare agreements for subrecipients (both outside and intradepartmental). f. Assist in department budget preparation and work program. g. Jointly with the Finance Department, assume financial management responsibilities, including preparing draw requests, receipt and drawdown of program income, approving subrecipient payment requests, and monitoring CDBG/HOME expenditures. h. Provide contract administration of CDBG and HOME programs and projects. i. Develop quarterly subrecipient performance reports for quarterly submission. j. Ensure subrecipients submit quarterly reports and conduct desktop monitoring every quarter.
2. HOME Acquisition/Rehabilitation Program
a. Develop subsidy layering guidelines for rental and owner housing. b. Conduct financial analysis/layering review for Federally assisted residential acquisition and rehabilitation projects.
c. Assist City staff in drafting deal points and affordable housing agreements for federally assisted residential new construction, and acquisition/rehabilitation projects, and/or review of affordable housing agreements, exhibits, and documents as to compliance with established HUD HOME regulations.
d. Prepare environmental review records for proposed HOME affordable housing projects.
3. Respond to HUD and Single Audit Letters and/or Memorandums as Needed
City of Baldwin Park | Proposal for HUD Grant Management Services 4 a. Address and rectify all concerns and findings emanating from possible Agency or Federal Single Audit Reports.
4. CDBG and HOME Monitoring
a. Conduct desk and on-site CDBG subrecipient monitoring visits as required by regulation (monitoring typically occurs after the end of the program year). ✓ Prepare appointment letters.
✓ Conduct on-site visits with public service subrecipients, and gather needed financial, beneficiary, and other necessary documentation to prepare monitoring reports. ✓ Prepare a monitoring report outlining subrecipient strengths and weaknesses, concerns, findings, and corrective actions to be taken. ✓ Follow up with subrecipients on implementing recommended corrective actions and prepare monitoring close-out letters as needed.
✓ Provide technical assistance to staff and CDBG public service providers as needed. b. Conduct desk and on-site HOME monitoring of affordable housing projects. ✓ Prepare appointment letters to property owners or management. ✓ Schedule on-site inspections to determine housing compliance and local and state codes.
[Note: City may opt to use Building or Code Enforcement staff to conduct on -site inspections, or Lorraine Mendez & Associates, upon City’s request, may perform inspections.]
✓ Conduct on-site monitoring to include review of project documents and tenant files to ascertain project compliance with HOME requirements, e.g. rents, tenant income eligibility, occupancy eligibility, property standards, affirmative marketing and fair housing, and lease terms.
✓ Prepare monitoring reports and follow -up correspondence until monitoring closes out. The report will outline strengths and weaknesses, concerns, findings, and corrective actions to be taken.
5. Develop and Maintain HUD Grants Management Policies and Procedures Manual (Program Guidelines)
6. Prepare Annual Action Plans and Amendments to 5-Year Consolidated Plan a. Prepare draft and final Action Plan, amendments to the Action Plan and, if applicable, required amendments to 5-Year Consolidated Plan as needed, oversee public review, and submit to HUD via IDIS according to HUD regulations.
7. Prepare Consolidated Annual Performance and Evaluation Reports (CAPER) a. Preparation of draft and final CAPER document, oversight of public review, and submittal to HUD via IDIS under HUD regulations.
City of Baldwin Park | Proposal for HUD Grant Management Services 5 Lorraine M. Mendez
2205 Spyglass Trail West
Oxnard, CA 93036
(805) 665-7310
[email protected]
SUMMARY OF QUALIFICATIONS
• Twenty-three years of local government experience.
• B.A. degree in Economics with a minor in Business Administration.
EMPLOYMENT HISTORY
Principal, Lorraine Mendez & Associates
March 2010 – Present: City of Westminster
May 2013 – Present: City of Huntington Beach
December 2019 – Present: City of Anaheim
March 2021 – Present: City of Baldwin Park
December 2020 – December 2022: City of Henderson, Nevada January 2019 – December 2019: City of El Monte
July 2013 – December 2018: City of Garden Grove
July 2006 – November 2017: City of Huntington Park
• Assist in ongoing administration of HUD’s Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) programs, including:
→ Preparation of Annual Action Plan, Five Year Consolidated Plan, and Consolidated Annual Performance Evaluation Report (CAPER).
→ Preparation of department protocols and procedures.
→ Management of the federal Integrated Disbursement and Information System (IDIS) required to set up, revise, fund, and report on accomplishments and program beneficiaries for all CDBG and HOME activities.
→ On-site monitoring for, and technical assistance to, each CDBG public service subrecipient to ensure compliance with federal requirements and adherence to the entity’s subrecipient agreement with the City.
→ Assumption of financial management responsibilities, such as preparing draw requests, approving payment requests, and monitoring CDBG/HOME expenditures. → Preparation of CDBG and HOME fiscal budget.
→ Monitoring of City’s HOME -assisted affordable housing agreements including on -site monitoring of housing projects to ensure compliance with HOME regulations. → Assistance with special assignments as needed including the development a code enforcement strategy for use of CDBG funding, in-depth auditing of the City’s minor home repair program, and review of staff reports, requests for proposals, and other department reports and correspondence.
City of Baldwin Park | Proposal for HUD Grant Management Services 6 Principal, Lorraine Mendez & Associates
July 2012 – 2016: City of Burbank
• Prepared CDBG Procedures Manual as required by HUD.
Sub-Consultant on Various Assignments
January 2007 – May 2009: Cities of Bakersfield, Burbank, Indio, Garden Grove, Santa Clarita
• July 2014 – 2016: Assisted GRC Associates with the development of the City of Bakersfield’s Consolidated Plan, Annual Action Plan, Citizen Participation Plan, and Analysis of Impediments to Fair Housing Choice reports.
• September 2012 – March 2014: Assisted Karen Warner Associates with the development of Burbank’s Consolidated Plan using the new eCon Planning Suite, and the Analysis of Impediments to Fair Housing Choice reports.
• January 2009 – May 2009: Assisted Castaneda & Assoc with the development of Indio’s 2009-2013 Consolidated Plan and 2009 -2010 Annual Action Plan using both a written plan submission and HUD’s Consolidated Plan Management Process (CPMP). • August 2008 – February 2009 : Assisted Solomon & Associates with the monitoring of affordable housing agreements of the Garden Grove Redevelopment Agency to ensure compliance with Federal HOME regulations.
• January 2007 – June 2007: Drafted City of Santa Clarita’s 2007 Annual Action Plan.
Administrative Analyst II
October 2000 – June 2005: Community Development Department, City of Burbank • Division manager for Community Development Department Administration Division • Coordinated budget for the Department including General Fund, Special Revenue, Housing Authority, Redevelopment, CDBG, HOME, and CIP funds.
• Chaired the Budget Action Team (BAT), an intra -divisional committee responsible for recommending cost-reduction plans to include streamlining business processes, increasing revenues, and finding technological solutions to common business practices. • Prepared Housing and Redevelopment Division budget for 3 fiscal years. • Assisted in preparation of the Annual HCD Report, Implementation Plan, State Controllers Report, and other State and Federal mandated reports including gathering census data on population, ethnicity, households, housing occupancies, and income demographics.
City of Baldwin Park | Proposal for HUD Grant Management Services 7 KEY PERSONNEL
Lorraine Mendez & Associates is proposing to provide one staff person for the management and implementation of the scope of services. Ms. Mendez will assume responsibility for requested assignments under the scope of work with reliance on city staff to perform administrative support functions. Such functions to be performed by city staff include:
• Public and community meetings and presentations related to the adoption of the Consolidated Plan (or amendments to), Annual Action Plan, and CAPER. Ms. Mendez may, upon request, provide all written reports, staff reports, agenda bills, and public notices.
• City staff will have all signatory authority to approve draws, however , Ms. Mendez may work with the City’s Finance and program staff, if needed, to prepare the draw requests for approval.
City of Baldwin Park | Proposal for HUD Grant Management Services 8 CLIENT REFERENCES
References for Lorraine Mendez
City of Westminster
Contact Information: Michael Son, (714) 548-3170, [email protected]
Description of Services Provided : Management and implementation of CDBG and HOME programs, including the entire scope of services listed in this proposal.
Dates of Work Performed: 2010 to Present
City of Huntington Beach
Contact Information : Charles Kovac , Housing Manager , (714) 374 -1519.
Description of Services Provided : Annual Action Plan, CAPER, Amendments, IDIS, CDBG Monitoring, Environmental Review Records, Technical Assistance.
Dates of Work Performed: 2013 to Present
City of Baldwin Park
Contact Information: Michelle Bravo, Housing Programs Coordinator, (626) 960-4011 Ext. 354, [email protected]
Description of Services Provided : Annual Action Plan, CAPER, Amendments, Environmental Review Records, Technical Assistance.
Dates of Work Performed: March 2021 to Present
City of Baldwin Park | Proposal for HUD Grant Management Services 9 COST PROPOSAL
Lorraine Mendez & Associates, LLC proposes to provide any of the requested services outlined in this proposal , as needed, at an hourly rate of $135/hour, plus reimbursable expenses as described below. The Annual Action Plan (AAP) and the Consolidated Annual Performance and Evaluation Report (CAPER) are prepared at a fixed cost of $12,000 and $10,500, respectively.
Personnel Hourly Rate Average Weekly Hours
Lorraine Mendez $135/hour Assistance with Program
Administration
Lorraine Mendez $12,000 fixed fee for FY
2025/26 Annual Action
Plan
Lorraine Mendez $10,500 fixed fee for FY
2023/24 CAPER
The Consultant will not bill for overhead. The following expenses directly attributable to work performed under this agreement shall be reimbursed at cost:
• Printing and reproduction costs associated with document reproduction. • Mileage expenses at IRS rate, currently $.67 per mile; rate to be updated as necessary. • Other expenses related to document preparation.
Any subcontractors hired to serve under contract with Lorraine Mendez & Associates will serve as independent contractors, not Lorraine Mendez & Associates employees. Subcontractors and Lorraine Mendez agree to the following rights consistent with an independent contractor relationship:
• Subcontractors have the right to perform services for others during the term of the Agreement.
• Subcontractors have the right to control and direct the means, manner , and method by which the services required by the Agreement will be performed. • Lorraine Mendez & Associates shall not require the Subcontractor to devote full time to performing the services required by the Agreement.
• The subcontractor is not eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of Lorraine Mendez & Associates. • Subcontractors shall pay all income taxes and FICA (Social Security and Medicare taxes) incurred while performing under the Agreement.
• Subcontractors will maintain independent insurance as required by the City.
Authorized Signature:
Type Name: Lorraine M. Mendez
City of Baldwin Park | Proposal for HUD Grant Management Services 10 Title: Principal
Date: June 4, 2024
THIRD AMENDMENT
TO THE CONSULTANT SERVICES AGREEMENT
BETWEEN THE CITY OF BALDWIN PARK AND LORRAINE MENDEZ AND ASSOCIATES INC.
1. PARTIES AND DATE.
This Third Amendment to the Consultant Services Agreement ("Third Amendment") is made and entered into this June 19, 2024, by and between the City of Baldwin Park, ("City"), and Lorraine 'Mendez and Associates ("Consultant").
2. RECITALS.
2. I City and Consultant entered into that certain Consultant Services Agreement dated August 6 th , 2021, ("Agreement"), whereby Consultant agreed to provide professional services associated with the preparation and completion of Housing and Urban Development (HUD) reports as defined in the Scope of Services attached to the references agreement to develop the FY 2020/21 Consolidated Annual Performance and Evaluation Report (CAPER).
2.2 First Amendment. On March 16, 2022, the City Council approved a First Amendment to the Agreement whereby City and Consultant mutually amended the Consultant Services Contract by replacing Exhibit "A" - Scope of Services and Exhibit "B" _ Compensation.
2.3 Second Amendment. On April 5, 2023, the City Council approved a Second Amendment to the Agreement whereby the City and Consultant mutually amended the Consultant Services Contract Agreement by replacing Exhibit "A" - Scope of Services and "Exhibit B" — Compensation.
2.4 Third Amendment. City and Consultant mutually desire to amend the Consultant Services Contract Agreement for the third time to replace the Scope of Services attached to and incorporated into this Amendment as "Exhibit A" and Compensation attached to and incorporated into the Amendment as "Exhibit B".
2.5 Authorization. This Third Amendment is authorized pursuant to Section 21 of the Agreement.
NOW, THEREFORE, in consideration of the Recitals and the terms and conditions set forth in this Third Amendment, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties set forth their mutual covenants and understandings as follows:
3. TERMS.
3.1 Scope of Services . Section 1 of the Agreement is hereby amended by replacing Exhibit “A” – Scope of Services in its entirety with the Scope of Services as shown on Exhibit “A” attached to this Third Amendment.
3.2 Compensation." Section 2 of the Agreement is hereby amended by replacing Exhibit "B"- Schedule of Compensation in its entirety with the Schedule of Compensation as shown on Exhibit “B” attached to this Third Amendment . Total compensation for services performed by Consultant shall not exceed $55,000.
3. 3 Time for Performance. Section 3 of the Agreement is hereby amended to read as follows:
"Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices but in any event no later than June 30, 2025."
3.4 Continuing Effect of Agreement. Except as amended by this Third Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Agreement, whenever the term "Agreement" appears in the Agreement, it shall mean the Agre ement as amended by this Third Amendment.
3.5 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Agreement.
3.6 Counterparts. This Third Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument.
3.7 Corporate Authority. The persons executing this Third Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Third Amendment on behalf of said party, (iii) by so executing this Third Amendment, such party is formally bound to the provisions of this Third Amendment and (iv) the entering into this Third Amendment does not violate any provision of any other agreement to which said party is bound.
[SIGNATURES ON NEXT PAGE]
IN WITNESS WHEREOF, the parties have executed this Third Amendment to be executed the day and year first above written.
CITY OF BALDWIN PARK:
By:
Enrique C. Zaldivar, Chief Executive Officer
CONSULTANT: Lorraine Mendez and
Associates, Inc.
Approved as to Form:
By: ______________________________
Norma Tabares
City Attorney
Lorraine Mendez, Principal
EXHIBIT “A”
SCOPE OF SERVICES
Preparation of the following documents:
1. FY2025/2026 Annual Action Plan
2. FY2023/2024 CAPER
3. Other HUD-related tasks, as needed
EXHIBIT “B”
COMPENSATION
City of Baldwin Park | Proposal for HUD Grant Management Services 9 COST PROPOSAL
Lorraine Mendez & Associates, LLC proposes to provide any of the requested services outlined in this proposal , as needed, at an hourly rate of $135/hour, plus reimbursable expenses as described below. The Annual Action Plan (AAP) and the Consolidated Annual Performance and Evaluation Report (CAPER) are prepared at a fixed cost of $12,000 and $10,500, respectively.
Personnel Hourly Rate Average Weekly Hours
Lorraine Mendez $135/hour Assistance with Program
Administration
Lorraine Mendez $12,000 fixed fee for FY
2025/26 Annual Action
Plan
Lorraine Mendez $10,500 fixed fee for FY
2023/24 CAPER
The Consultant will not bill for overhead. The following expenses directly attributable to work performed under this agreement shall be reimbursed at cost:
• Printing and reproduction costs associated with document reproduction. • Mileage expenses at IRS rate, currently $.67 per mile; rate to be updated as necessary. • Other expenses related to document preparation.
Any subcontractors hired to serve under contract with Lorraine Mendez & Associates will serve as independent contractors, not Lorraine Mendez & Associates employees. Subcontractors and Lorraine Mendez agree to the following rights consistent with an independent contractor relationship:
• Subcontractors have the right to perform services for others during the term of the Agreement.
• Subcontractors have the right to control and direct the means, manner , and method by which the services required by the Agreement will be performed. • Lorraine Mendez & Associates shall not require the Subcontractor to devote full time to performing the services required by the Agreement.
• The subcontractor is not eligible to participate in any employee pension, health, vacation pay, sick pay, or other fringe benefit plan of Lorraine Mendez & Associates. • Subcontractors shall pay all income taxes and FICA (Social Security and Medicare taxes) incurred while performing under the Agreement.
• Subcontractors will maintain independent insurance as required by the City.
Authorized Signature:
Type Name: Lorraine M. Mendez
STAFF REPORT
ITEM NO. _____17_____
TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
PREPARED BY: Nick Baldwin, City Planner
DATE: June 19, 2024
SUBJECT: Second Reading and Adoption of Ordinance 1510, entitled, “AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
BALDWIN PARK REPEALING AND REPLACING
SECTION 153.170 OF THE MUNICIPAL CODE
RELATING TO SIGN REGULATIONS TO INCLUDE NEW
LANGUAGE REGARDING NEW STATIC OR DIGITAL
BILLBOARD CONSTRUCTION AND BILLBOARD
RELOCATION AGREEME NTS, INCORPORATION OF
PREVIOUSLY APPROVED SIGN REGULATIONS THAT
WERE NOT CODIFIED, AND REORGANIZATION OF
THE CHAPTER AS A WHOLE”.
SUMMARY
The purpose of this report is to adopt and approve for second reading Ordinance No. 1510.
This item was continued from the June 5, 2024, City Council Meeting.
RECOMMENDATION
It is recommended that the City Council waive further reading and adopt Ordinance 1510, entitled, “AN
ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK REPEALING AND REPLACING SECTION 153.170 OF THE MUNICIPAL CODE RELATING TO SIGN REGULATIONS TO INCLUDE NEW
LANGUAGE REGARDING NEW STATIC OR DIGITAL BILLBOARD CONSTRUCTION AND
BILLBOARD RELOCATION AGREEMENTS, INCORPORATION OF PREVIOUSLY APPROVED SIGN
REGULATIONS THAT WERE NOT CODIFIED, AND REORGANIZATION OF THE CHAPTER AS A WHOLE”.
FISCAL IMPACT
There would be no fiscal impact to the City’s General Fund as a result of adoption of this Ordinance.
BACKGROUND
On May 15, 2024, the City Council of the City of Baldwin Park held a Public Hearing to approve introduction of Ordinance 1510. The proposed changes to the sign regulations accomplish the following goals: (1) modernize existing signage regulations, (2) clarify existing regulations in sections where Staff felt additional language was necessary, (3) restructure the subsections of the Sign Regulations subchapter to improve readability and provide
better orientation to users and, (4) remove inconsistences in current regulations and previously adopted amendments.
Scope of Proposed Changes
As demonstrated in the Redlined version of Subchapter 153.170 (Attachment #5), the proposed changes will reorganize and insert new subsections as they relate to the installation and maintenance of billboards, electronic readerboard signs and signs that are installed within a comprehensive sign program area. Below is a summary of each subsection to be added and/or modified:
§153.170.050 Prohibited Signs
This section has been updated to refer to the revised regulations for Billboards and Electronic Readerboard Signs.
§153.170.080 Sign Regulations by Zone
This section now includes an addition subsection, §153.170.080(C), which now contains the regulations for all electronic readerboard signs. These regulations were originally adopted as a part of Ordinance No. 1405 and have been revised slightly to comply with current industry standards.
§153.170.110 New Static or Digital Billboard Construction
This section includes the regulations that were previously adopted as a part of both Ordinance No. 1394 and 1398, which contain the regulations that govern the installation and maintenance of Billboard Signs. The previously included regulations have been preserved in their entirety, with minor grammatical errors being revised as a part of this project.
§153.170.120 Billboard Relocation Agreements
This section is a new addition to the Sign Regulations subchapter. As noted in the drafted subsection, it is important to provide regulations that govern the relocation of existing billboards within the City, while respecting previously established development agreements and, most importantly, the visual character of the City.
§153.170.130 Comprehensive Sign Programs (formerly referred to as §153.170.107)
This section captures the missing updates that were previously adopted as a part of Ordinance No. 1359. The previously included regulations have been preserved in their entirety, with minor grammatical errors being revised as a part of this project.
§153.170.140 Other Applicable Regulations (formerly referred to as §153.170.110)
No changes have been made to this section itself, aside from the recategorization of this section from §153.170.110 to now be referred to as §153.170.140.
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to form.
ATTACHMENTS
1. Ordinance No. 1510
2. Staff Report Dated May 15, 2024
ORDINANCE NO. 1510
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
BALDWIN PARK REPEALING AND REPLACING SECTION
153.170 OF THE MUNICIPAL CODE RELATING TO SIGN
REGULATIONS TO INCLUDE NEW LANGUAGE REGARDING
NEW STATIC OR DIGITAL BILLBOARD CONSTRUCTION
AND BILLBOARD RELOCATION AGREEMENTS,
INCORPORATION OF PREVIOUSLY APPROVED SIGN
REGULATIONS THAT WERE NOT CODIFIED, AND
REORGANIZATION OF THE CHAPTER AS A WHOLE
WHEREAS, Section 153.170 of the Baldwin Park Municipal Code regulates the installation, appearance and maintenance of all private signage types to protect t he visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public; and
WHEREAS, it is the goal of the City to continue to promote the visual character of the City of Baldwin Park, including but not limited to regulating all public signage ; and
WHEREAS, it is the obligation of the City to publish approved ordinances and incorporate them into the Municipal Code to provide transparency in government and to provide clear direction to City Staff, the development community, and the general public regarding the regulations for signs; and
WHEREAS, it is in the City’s interest to allow sufficient flexibility in billboard advertising to meet the needs of commercial interests while at the same time protecting the City’s residents from an over saturation of new billboard signs; and
WHEREAS, as noted in the Staff Report dated May 15, 2024 from Ron Garcia, Community Development Director, there exists a need to update the current version of the City’s signage regulations to capture previously adopted regulations.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows:
SECTION 1. The recitals above are true and correct and incorporated herein by reference
SECTION 2. Subchapter 153.170 – Sign Regulations of the Baldwin Park Municipal Code is hereby amended as follows:
Section Contents:
§153.170.010 Intent and Purpose
§153.170.020 Applicability
§153.170.030 Permit Requirements
§153.170.040 Exempt Signs
§153.170.050 Prohibited Signs
Ordinance 1510 - Page 2
§153.170.060 Temporary Signs
§153.170.070 General Sign Standards
§153.170.080 Signs Regulations by Zone
§153.170.090 Sign Regulations for Specific Land Uses
§153.170.100 Sign Construction and Maintenance
§153.170.105 110 New Static or Digital Billboard Construction §153.170.106 120 Billboard Relocation Agreements
§153.170.107 130 Comprehensive Sign Programs
§153.170.110 140 Other Applicable Regulations
§ 153.170.010 – Intent and Purpose
The intent and purpose of these sign regulations are to:
A. Urban design and safety standards. Implement the city’s urban design and safety standards as set forth in the General Plan.
B. City appearance. Maintain and enhance the city’s appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs.
C. Pedestrian and vehicular traffic safety. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards.
D. Traffic safety hazards. Eliminate traffic safety hazards to pedestrians and motorists posed by off-site signs.
E. On-site signage. Generally limit private signage to on -site locations to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public.
F. Communication. Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages.
G. Free speech. Respect and protect the right of free speech by sign display, while reasonably regulating the structure, location and other non -communicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics.
H. Nearby effects . Minimize the possible adverse effects of signs on nearby public and private property.
Ordinance 1510 - Page 3
I. Visual quality. Serve the city’s interests in maintaining and enhancing its visual appeal by preventing the degradation of visual quality which can result from excess signage.
J. Protect investment and quality of life. Protect investments in property and lifestyle quality made by persons who choose to live, work or do business in the city.
K. Residential neighborhoods. Defend the peace and tranquility of residential zones and neighborhoods.
§ 153.170.020 – Applicability
A. Compliance. Signs or advertising displays that are erected or maintained within the city shall comply with the provisions of this subchapter and any other applicable federal, state and local statues or laws.
B. Additive requirements. The requirements of this subchapter, shall be applied in addition to any other requirements contained in the Zoning Code.
C. Conflicts. In the event of direct and irreconcilable conflict between any provisions of this subchapter and any other provisions of the Zoning Code or this code, the more restrictive requirements shall govern.
§ 153.170.030 – Permit Requirements
A. Sign permit required. Unless otherwise exempted by § 153.170.040, a sign permit shall be required prior to the placement, construction or physical alteration of the size, height or location of any sign or advertising display in the city. A sign permit may be obtained from the Planning Division pursuant to the provisions of subchapter 153.210, Administrative Procedures.
B. Variance. Signs that do not comply with the requirements of this subchapter, shall not be permitted unless a variance has been granted pursuant to the provisions of subchapter 153.210, Administrative Procedures.
§ 153.170.040 – Exempt Signs
A. Applicability. Unless otherwise specified, the signs listed in this subchapter are categorically exempt from the permit requirement. The signs listed in this section are subject to compliance with all other provisions of this subchapter and other applicable codes, regulations or rules.
B. Restrictions on illumination. All exempt signs shall be non -illuminated, externally illuminated, or internally illuminated.
C. Exempt signs. The following categories of signs do not require a sign permit:
1. Non-Residential Signs – On non-residential property
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(a) up to 20 flags or pennants with a combined area of no more than 80 square feet on a staff or pole of no longer than 20 feet, however, no individual flag or pennant may exceed 15 square feet in area;
(b) up to 15 permanent signs with a combined area of no more than 45 square feet and a height of no more than eight feet, however, no individual sign may exceed 15 square feet in area;
(c) Up to four temporary window signs with a combined area of no more than 24 square feet, however, no individual sign may exceed 12 square feet in area and no more than 40% of the area of any given window may be covered by window signs; and
(d) Up to eight other temporary signs with an combined area of no more than 30 square feet and a height of no more than four feet, however, no individual sign may exceed 15 square feet in area. Size limits for window signs with transparent backgrounds (instead of opaque backgrounds) placed on glass doors are doubled.
(e) Where properties include multiple tenants, each tenant may display two flags of no more than twelve square feet, and temporary or permanent signs with a combined area of no more than nine square feet, in addition to the non-residential exemption provided above.
2. Residential Signs- On residential property;
(a) up to three flags or pennants of up to 10 square feet on a staff or pole of no longer than eight feet;
(b) up to three permanent signs with a combined area of no more than 10 square feet and a height of no more than four feet;
(c) up to six temporary window signs with a combined area of no more than nine square feet, except that no more than 50% of the area of any given window may be covered by window signs; and
(d) up to four other temporary signs with a combined area of no more than 10 square feet and a height of no more than three feet. (e) Where residential properties include multiple dwelling units, each dwelling unit may display one flag of no more than 6 square feet, and temporary or permanent signs with a combined area of no more than six square feet, in addition to the basic residential exemption provide above.
§ 153.170.050 – Prohibited Signs
The following signs are prohibited on any property within the city:
A. Abandoned Signs.
B. Animated Signs, except as provided for electronic readerboard signs as permitted pursuant to Section 153.170.080(D).
C. Inflatable/Balloon Signs.
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D. Roof Signs.
E. Murals.
F. Can (Box) Signs.
G. Off-Site Signs (billboards), except as approved as a part of a Billboard Relocation Agreement pursuant to the terms of this Chapter or as provided for billboards or digital billboards permitted per in Section 153.170. 105110.
H. Off-Site Signs. Off-site identification signs, except government, civic signs as provided in this subchapter.
I. Portable Signs, including A-frame, sandwich board signs, and vehicle -mounted signs.
J. Cross-visibility area. Any sign located within a required clear cross -visibility area.
K. Permission not granted. Signs erected without the permission of the owner of the property on which the sign is located.
L. Signs in the public right-of-way. Signs within or projecting over a public right -of-way.
M. Imitation traffic signs. Signs which purport to be, are an imitation of, or resemble official traffic warning devices or signs, that by color, location or lighting may confuse or disorient vehicular or pedestrian traffic, impede the flow of traffic or create a traffic hazard, excluding authorized on-site directional sites.
N. Painted signs. Signs painted directly on an exterior wall, fence, fascia or parapet.
O. Signs attached to utility poles. Signs attached to utility poles, unless specifically approved by the utility company in writing.
P. Signs attached other features. Signs attached to trees, fences, bridges or light poles.
Q. Vehicle signs. Vehicle signs, where the primary purpose or use of the vehicle is the display of advertising material. This does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used.
R. Disrepair. Any sign that is in disrepair.
§ 153.170.060 – Temporary Signs
A Permitted Temporary Signs . In addition to exempt temporary signs pursuant to § 153.170.040(C), temporary signs may be permitted on the site of any business holding a Ordinance 1510 - Page 6
grand opening or promoting a special product, sale, or event. The following types of temporary signs are permitted under such circumstances, provided they comply with the applicable standards provided in in subsection B below:
1. Banners not exceeding 50 square feet.
2. Pennants, with the area on which the pennants are located not to be permitted not permitted to exceed 15 percent of the square footage of the lot upon which they are located.
B. Standard for Temporary Signs : Such Temporary signs under subsection A above shall comply with the following standards:
1. Maximum number. A maximum of 1 temporary sign may be displayed for each non-residential property at any given time.
2. Maximum duration. Each temporary sign may be displayed for a maximum of 30 consecutive days. Temporary signs may be displayed up to 4 nonconsecutive times within a 12-month period.
3. Location and attachment. Temporary signs shall be attached to the main building wall or fence and shall not extend above the roofline or height of the wall or fence on which they are located.
4. Balloons. Balloons shall not be used in conjunction with any temporary sign.
5. Attachment and illumination. Temporary signs shall not be freestanding or illuminated.
6. Safety and maintenance. Temporary signs shall be kept in a safe and presentable condition.
§ 153.170.070 – General Sign Standards
All signs, including exempt and temporary signs, located within all zones shall comply with the following regulations:
A. Sign Lettering and Numbering.
1. To facilitate emergency response by public safety personnel, the sign nearest to the public entrance of a business which utilizes any non -Roman alphabet letters, characters and/or symbols shall also contain a general description of the business and other entities occupying the building written in English. The English language portion of the sign shall be readable form the public right -of-way.
2. In all cases where a sign or other zoning permit is required by this chapter or other law, the applicant shall submit to the city a certification, issued under Ordinance 1510 - Page 7
penalty of perjury under the laws of the State of California, containing an English language translation of all non -Roman alphabet letters, characters and symbols proposed to be displayed on the sign. An application for such permit shall not be deemed complete until the applicant has provided such certification.
B. Sign Lighting and Illumination.
1. Unless otherwise specified for exempt and temporary signs, signs may be non - illuminated or internally illuminated. If internally illuminated, illumination of individual letters and logos is preferred. The Approving Authority of the sign permit may authorize external illumination.
3. All signs shall be arranged, operated, shielded and maintained to prevent any glare, reflection, nuisance, inconvenience or hazardous interference of any kind to abutting or adjacent properties, streets and walkways.
C. Sign Location.
No internally illuminated sign placed on any commercial or industrially zoned property shall be located within 50 feet of the lot line, if such line is shared with any residentially zoned lot, and if the sign face area is oriented toward the residentially zoned lot.
D. Sign Aesthetics.
1. All newly erected signs shall comply with the Sign Design Guidelines Manual.
2. All permanent signs located within any zone shall be compatible to the associated structure’s architecture and design features.
3. All permanent signs located on commercial and industrial structures shall be integrated within structure’s architecture.
§ 153.170.080 – Signs Regulations by Zone
Table 153.170.080 identifies the types of signs permitted by zone district and the development standards applicable to such signs. In addition to the requirements set forth in Table 153.170.080, the following criteria shall apply:
A. Freestanding Signs.
1. As indicated in Table 153.170.080, freestanding signs shall be permitted only in the FC, C-2 and I-C zones that have freeway frontage.
2. The base of all freestanding signs shall be landscaped at the time of sign installation such that the base is fully obscured by landscaping to a minimum height of 6 feet within 3 years of landscape installation. Such landscaping shall be maintained in a neat and healthy condition at all times.
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B. Monument Signs.
Monument signs may be located in planter medians abutting a driveway or within the project driveway.
Table 153.170.080
Sign Regulations by Zone
Zone Sign Type
Maximum
Number
Maximum
Sign Area
Maximum
Height Notes
R-G and
R-3
Monument 1 24 sf 4 ft
Wall 1 36 sf 4 ft
C-1
MU-2
Monument 1 per frontage 32 sf 6 ft
Wall 1 or more 50 sf 4 ft
C-2,
F-C,
I-C,
MU-1
without
freeway
frontage
Monument 1 per frontage 64 sf 12 ft In lieu of a monument sign, an Electronic
Readerboard Sign may be
permitted, subject to
approval of a Conditional
Use Permit and Design
Review, provided the sign
complies with the
provisions outlined in
§153.170.80.D.
Wall 1 or more 2 sf of sign area per
linear foot of primary
building frontage
6 ft
Secondary
Wall
1 or more 1 sf of sign area per
linear foot of primary
building frontage
4 ft
C-2,F-C,
I-C,
with
freeway
frontage
Freestanding 1 1 sf of sign area per 1
linear foot of street
frontage
80 ft 1. A maximum of 1
freestanding sign is
permitted for lots with less
than 800 linear feet of
street frontage. One
additional freestanding
sign is permitted for lots
with more than 800 linear
feet of street frontage. For
this purpose, a commercial
center is considered a
single lot.
2. Additional sign face
area for monument signs
may be granted in lieu of
use of freestanding signs,
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per criteria established by
the Director of
Community Development.
3. In lieu of a monument
sign, an Electronic
Readerboard Sign may be
permitted, subject to
approval of a Conditional
Use Permit and Design
Review, provided the sign
complies with the
provisions outlined in
§153.170.80.D
I
Monument 1 40 sf 8 ft In lieu of a monument
sign, an Electronic
Readerboard Sign may be
permitted, subject to
approval of a Conditional
Use Permit and Design
Review, provided the sign
complies with the
provisions outlined in
§153.170.80.D
Wall 1 or more 1 sf of sign area for
each linear foot of
primary building
frontage
6 ft
C. Wall Signs.
1. A maximum of 3 wall signs shall be permitted for each wall of a commercial unit that contains a main entrance or is adjacent to a street.
2. A maximum of 1 wall sign shall be permitted for each wall of a commercial unit that does not contain a main entrance.
3. Wall signs shall not project more than 18 inches from the building wall.
4. Sign height shall be measured from the bottom to the top of the sign.
D. Electronic Readerboard Sign.
1. Sign Defined. An Electronic Readerboard Sign is a sign that incorporates changeable messages which may be changed by remote or automatic means.
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2. Applicability and Review. Electronic Readerboard Signs are allowed, subject to approval of a Conditional Use Permit and Design Review, for businesses with a minimum of three (3) acres (for the overall business), within the C -2, F- C, I-C and I Zones and along a designated truck route. This sign type may be installed in lieu of, but not in addition to, freestanding and/or monument signage permitted on-site.
a. Design review shall include review of the following sign elements:
sign style, sign height, sign size, number of other signs on the site, sign placement and sign materials, subject to the criteria established in this subsection.
3. Orientation. Signs shall not face residentially zoned properties or residential uses, schools, hospitals, convalescent hospitals and other sensitive land uses as deemed appropriate through the Conditional Use Permit process.
4. Message Duration. Messages shall remain static for a minimum of eight (8) seconds. Message changes shall occur within a timespan of no more than one (1) second.
5. Activity. Messages on the Electronic Readerboard Sign shall rotate only during normal business hours or as deemed appropriate though the Conditional Use Permit process.
6. Contrast. Electronic Readerboard Signs shall be adjusted to maintain contrast between the sign face and surrounding areas, subject to review and approval through the Conditional Use permit Process.
7. Illumination. The following provisions apply to the illumination of Electronic Readerboard Signs:
a. Automatic dimming controls shall be installed, either by photocell (hardwire) or via software settings, in order to bring the lighting level down to avoid spillover and light trespass onto abutting or adjacent properties and to avoid glare at any time of the day.
b. Electronic Readerboard Signs shall be adjusted to minimize the degree of brightness and glare. Lighting levels should be sensitive to the environment and react with natural light sources, subject to review and approval through the conditional use permit process.
§ 153.170.090 – Sign Regulations for Specific Land Uses or Sign Types In addition to other standards set forth in this subchapter, the following land uses are subject to the following regulations:
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A. Service Stations.
1. Each service station may maintain a maximum of 4 canopy signs, each having no more than 50 square feet of sign face area.
2. Each service station may maintain 1 permanently installed sign not to exceed 40 square feet in area.
3. Each service station may maintain a maximum of 2 permanently installed or portable price signs not exceed 20 square feet in area.
B. Automobile Dealerships.
1. Each automobile dealership may display banners and pennants with a total area not to exceed 15 percent of the square footage of the lot upon which they are located.
2. Each automobile dealership may display a maximum of 20 banners attached to freestanding light standards. Each banner shall not exceed 50 square feet of area.
3. Each automobile dealership may display one pennant for every 2,500 square feet of lot area, up to a maximum of 12 such pennants. Each pennant shall not exceed 20 square feet in area.
C. Electronic Readerboard Signs.
Sign Defined. An Electronic Readerboard Sign is a sign that incorporates changeable messages which may be changed by electronic processes or by remote control.
Applicability and Review. Electronic Readerboard Signs are allowed, subject to approval of a Conditional Use Permit and Design Review, for businesses with a minimum of three (3) acres (for the overall business), within the C -2, F-C, I-C and I Zones and along a designated truck route. This sign type may be installed in lieu of, but not in addition to, freestanding and/or monument signage permitted on -site.
Design review shall include review of the following sign elements: sign style, sign height, sign size, number of other signs on the site, sign placement and sign materials, subject to the criteria established in this subsection.
Orientation. Signs shall not face residentially zoned properties or residential uses, schools, hospitals, convalescent hospitals and other sensitive land uses as deemed appropriate through the Conditional Use Permit process.
Message Duration. Messages shall remain static for a minimum of eight (8) seconds. Message changes shall occur within a minimum of two (2) seconds and a maximum of five (5) seconds.
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Activity. Messages on the Electronic Readerboard Sign shall rotate only during normal business hours or as deemed appropriate though the Conditional Use Permit process.
Contrast. Electronic Readerboard Signs shall be adjusted to maintain contrast between the sign face and surrounding areas, subject to review and approval through the Conditional Use Permit process.
Illumination. The following provisions apply to the illumination of Electronic Readerboard Signs:
Automatic dimming controls shall be installed, either by photocell (hardwire) or via software settings, in order to bring the lighting level down to avoid spillover and light trespass onto abutting or adjacent properties and to avoid glare at any time of the day.
Electronic Readerboard Signs shall be adjusted to minimize the degree of brightness and glare. Lighting levels should be sensitive to the environment and react with natural light sources, subject to review and approval through the Conditional Use Permit process.
Sign illumination during nighttime hours may not exceed a maximum luminance level of 750 cd/m2. or nits, regardless of the method of illumination.
Electronic Readerboard Signs with external illumination, whether the lighting is mounted above or below the sign face or panel, shall fully shield all lighting fixtures or luminaries .
§ 153.170.100 – Sign Construction and Maintenance
A. Compliance with codes and development standards. All signs shall comply with the appropriate provisions of the State Building Code, as adopted by the city, relative to design, construction, structural integrity, connections and safety. Signs shall also comply with the provisions of the applicable electrical code and the development standards.
B. Maintenance. All signs shall be maintained in a good structural condition at all times and be kept neatly painted, including all metal parts and supports that are not made of a rust resistant material. Any crack, broken surface, malfunction, missing sign copy or other damaged portion shall be repaired or replaced.
§ 153.170.105 110 New Static or Digital Billboard Construction Notwithstanding any other provision of this code, a Static Billboard or Digital Billboard (as defined below) may be installed with copy visible from within any Interstate Freeway Corridor (as defined below), subject to all the following:
(a) Digital Billboard shall mean any off -site Advertising Display (a Static Billboard), as defined in the California Business and Professions Code (BPC) § 5202, that uses state - of-the-art digital technology,
Ordinance 1510 - Page 13
(b) Interstate Freeway Corridor means the area comprised of any Interstate Highway (as defined in BPC § 5215) and within 200 feet from the edge of the right -of-way (as defined BPC § 5222) and within a commercial or industrial zoned property.
(c) Each Advertising Structure (as defined in BPC § 5203), whether a Static Billboard or an Advertising Display that is used to support a Digital Billboard shall be placed within an Interstate Freeway Corridor,
(d) The Static Billboard or the Digital Billboard owner must:
1) Receive Caltrans’ approvals, as necessary and
2) Execute an agreement with the City by which each billboard owner agrees to (i) indemnify, defend and hold harmless the City from any and all claims, lawsuits, awards and judgements, including any reasonable attorney’s fees and court costs, that may arise from the approval of a Static Billboard or a Digital Billboard and associated Advertising Structrue and removal of an applicable Advertising Structure that may or may not be required to be removed, in consideration for any one or more negotiated benefits, including but not limited to such items as new park signs, landscaping, sign removals, or development fees, pursuant to this section or to any other provision of this code, subject to the terms of that agreement and (ii) comply with any and all required mitigation measures, conditions of approval and all applicable provisions of this section and this code,
(e) The property owner upon which a Static Billboard or a Digital Billboard is to be erected executes an agreement with the City by which that owner consents to the City’s entry onto his/her/its property to remove that Static Billboard or a Digital Billboard and associated Advertising Structure, as permitted in the agreement between the billboard owner and the City, and by which that property owner releases and indemnifies the City from liability for that permitted removal,
(f) The new Advertising Structure cannot be used to support more than two (2) Digital Billboards with each one facing in different directions,
(g) The entire portion of an Advertising Structure that comprises the active display face of a Static Billboard or Digital Billboard shall not be more than forty -eight feet (48’) in width, fourteen feet (14’) in height nor six hundred and seventy -two (672) square feet in area; provided, that, in addition, an apron for a Static Billboard or Digital Billboard can extend up to a maximum of approximately thirty -six inches (36”) below that Digital Billboard face or 5.5 foot top extensions or 2 foot side extensions,
(h) The overall height of the Advertising Structure that is a Static Billboard or that includes a Digital Billboard, and excluding extensions, shall not be more than sixty - five (65’) feet, as measured from the highest point of the main road or Interstate Highway from which the advertising is to be viewed,
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(i) The distance between two Static Billboards or between a Static Billboard and Digital Billboard shall be at least five -hundred feet (500’). The distance between two Digital Billboards shall be at least one -thousand feet (1,000’). The distance requirements shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans) and as defined in BPC § 5222.
(j) A Digital Billboard shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre -set distance of two-hundred and fifty feet (250’) perpendicular to the display face of the Digital Billboard. Each Digital Billboard shall have a light sensing device that will automatically adjust the brightness of the Digital Billboard to meet that foot candle requirement, as ambient light conditions change,
(k) Only if the City agreement requires the removal of existing advertising structures, then if four or less Advertising Structures are being replaced by new Advertising Structures with Digital Billboards, then at least eight (8) additional display faces and the Advertising Structures supporting the eight (8) additional display faces must be permanently removed from the City by the Digital Billboard owner receiving the approval and the removal of all the display faces and their respective Advertising Structures to be removed shall be completed prior to construction by that owner of any Advertising Structure, including a Digital Billboard,
(l) Only if the City agreement requires the removal of existing advertising structures, then if five or more Advertising Structures are being replaced by new Advertising Structures with Digital Billboards, then for each new Advertising Structures, above four (4) new Advertising Structures, at least two (2) additional display faces must be permanently removed from the City by the Digital Billboard owner receiving the approval and the removal of all the display faces and their respective Advertising Structures to be removed shall be completed prior to construction by that owner of any Advertising Structure including a Digital Billboard.
(m) A Digital Billboard shall only display a series of still images and each still image must be displayed for a minimum of four consecutive seconds. No still image shall have animation, movement, or the appearance of an optical illusion of movement of any part of the Advertising Structure and each still image shall not include flashing, scintillating lighting or the varying of light intensity or any other means of not providing constant illumination. Transition time between one still image and the immediate next still image shall not exceed one second and
(n) (i) If a Digital Billboard installed pursuant to this section must be removed due to a final court order or judicially approved settlement resulting from a legal action brought by a third party, who is not related to the owner or operator of that Digital Billboard (the “Owner/Operator”), (ii) that Digital Billboard replaced a non -Digital Billboard (the “Replaced Non -Digital Billboard”) and (iii) the Replaced Non -Digital Billboard was the subject of a previous formal written agreement with the City, then Ordinance 1510 - Page 15
the Owner/Operator shall be permitted to reinstall a new state -of-the-art non-Digital Billboard (the “Replacement Non -Digital Billboard”) on the same Advertising Structure used to support that Digital Billboard; provided, that the reinstallation of the Replacement Non -Digital Billboard must occur before the date the previous formal agreement would have terminated (the “Previous Termination Date”), the Replacement Non -Digital Billboard and supporting Advertising Structure must be removed on or before the Previous Termination Date and the Replacement Non - Digital Billboard must comply with all the applicable criteria for Digital Billboards, as set forth in in this section and the agreement referred to in (D)(2), above.
(o) The following sections do not apply to signs approved per this Section 153.170.105:
Sections 153.050.030, 153.170.080(D)
§ 153.170.106 120 Billboard Relocation Agreements
Billboards are recognized as a legitimate form of commercial advertising in the City.
However, the size, number, location and illumination of billboards can have significant influence on the City's visual character, and can, without appropriate control, create or contribute to visual blight conditions. The purpose of this section is to provide the parameters under which existing billboards may be relocated and reconstructed subject to reasonable controls, while recognizing that community appearance is an important factor in ensuring the general community welfare. Nothing herein shall affect the right of any billboard in existence as of the date that this section becomes effective to continue to exist pursuant to an agreement or as a legal nonconforming use to be maintained pursuant to such agreement or in conformance with this chapter.
A. General Requirements.
1. The requirements of this section shall apply to any off -site sign (Billboard) project involving the installation or construction of relocated billboard, or the expansion, modification, or digitization of an existing billboard, or the addition of additional face(s) to an existing billboard within the City.
Relocated Billboards shall be permitted in the City only after an Agreement has been negotiated and executed between the billboard operator/owner and City and a permit has been issued in accordance with the terms of this section.
The Agreement may include compensation to be paid to the city or the provision of other public benefits to be provided as a result of the relocation, installation and operation of any billboard or modification of an existing billboard within the City. All relocated billboards constructed shall comply with this chapter and all applicable requirement of the California Business & Professions Code and the California Code of Regulations.
2. An owner or entity proposing an agreement for relocation shall establish that the relocated billboard meets one or more of the following eligibility requirements:
a. The billboard proposed for complete demolition and relocation is the subject of any eminent domain action or threat of eminent domain action by a legally created public entity possessing eminent Ordinance 1510 - Page 16
domain/condemnation authority and provides public benefits for such relocation ; or
b. The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location so as not to conflict with the proposed development or redevelopment of the property and provides public benefits for such relocation as negotiated in the agreement; or
c. The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location within the City that lessens the overall negative aesthetic impacts on the City and its residents and provides public benefits for such relocation; or
d. The applicant has previously removed and completely demolished one or more billboards and maintains credits for such removal by the California Department of Transportation pursuant to California Business & Professions Code, Section 5443.5 and such relocation benefits the City; or
e. The applicant proposes to enhance, improve and modify an existing billboard already established within the City for the purpose of modernizing and improving the aesthetic appearance of such billboard.
3. In the event of any conflict between any provision contained in this section and any other provisions contained elsewhere in this code, the provisions of this section shall govern.
4. No billboard shall be approved and no existing billboard shall be modified without the applicant first providing proof of legal or equitable interest in the site proposed for relocation or modification, including, but not limited to a lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property for the term desired.
Information to be provided shall including the written consent of the property owner if not readily ascertainable from the foregoing documents.
5. All billboard agreements shall include requirements that applicants obtain all additional federal and/or state permits for installation. Nothing contained in this section shall require the City to negotiate and/or approve an Agreement on terms that are unacceptable to the City Council.
B. Physical Requirements.
1. The minimum distance between two or more billboards shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans). All distances shall be measured from the vertical centerline of each billboard face.
2. All utilities for each billboard shall be underground.
3. No billboard shall have more than one face (display surface) oriented in the same vertical plane. Additional display face may be added if used for on - premise advertising only in accordance with approved site plan Ordinance 1510 - Page 17
4. All billboards shall plainly display, and be visible from no less than 100 feet, the name of the person or company owning or maintaining it and the billboard identification number.
5. All billboards shall be placed at least 100 feet from any single -family residential zone or single -family residential use. The measurement shall be from the closest edge of the billboard to the closest edge of the single -family residential zone or closest property line on which a single family residential use is located.
C. Application requirements; Review procedures.
1. Application requirements. In addition to the application requirements for sign permits required by this code, a person or entity wishing to enter into a billboard relocation agreement shall submit a request in writing for approval of an Agreement that includes the following:
a. The name, address phone number and other contact information of the person or entity proposing the Agreement.
b. Identification of the location proposed for a new or relocated or modified billboard and the billboard(s) being permanently removed or modified, where applicable;
c. Information that establishes that the person or entity proposing the Agreement has legal or equitable interest in the billboard being removed or modified and the site proposed for relocation or placement. d. Conceptual design drawings for the billboards that includes technical specifications to determine the billboard’s compliance with this chapter.
e. An explanation of the compensation to be paid or public benefits to be provided to the City.
f. The application must include photos of all existing signage or architectural renderings and elevations of proposed billboards as well as a scaled plot plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed billboard.
2. The applicant must pay a filing fee in accordance with an approved resolution.
This fee shall be in addition to any other required fees for permits relative to the development of the property and shall be for the purpose of defraying the costs associated with city review and action on the application.”
3. Review Process. All Agreements shall be reviewed by the Planning Commission at a duly notice public hearing. The public hearing shall be noticed in the same way that conditional use permits and variances are noticed pursuant to this chapter. The Planning Commission shall review the Agreement and, after a duly noticed public hearing, make a recommendation to City Council, based on current development standards, the location of the proposed relocated or modified billboard and whether the proposed relocated or modified billboard meets the findings contained in this section.
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At a City Council meeting held no later than forty -five (45) days after the Planning Commission makes its recommendation, the City Council shall review and consider the Agreement, at a duly noticed public hearing. The hearing before the City Council shall be noticed the same as any conditional use permit and may be continued from time to time. In order to approve a request for an Agreement, the City Council shall make the following findings for approval of an Agreement:
a. The proposed agreement is consistent with the goals, objectives, purposes and provisions of the General Plan, the Municipal Code and any applicable specific plans; b. The proposed agreement would promote installation of a billboard that is compatible with the uses and structures on the site and in the surrounding area, considering the scale and materials of adjacent buildings, the desired character of the neighborhood, district, or corridor where the billboard is located, and pedestrian orientation.; c. The proposed agreement authorizes the installation of a billboard that would not create a traffic or safety problem, including problems associated with onsite access circulation or visibility;
d. The proposed agreement for installation would not interfere with onsite parking or landscaping required by City ordinance or permit; and
e. The proposed agreement does not promote construction of a billboard that would not otherwise result in a threat to the general health, safety and welfare of City residents. f. The proposed billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation.”
§ 153.170.107 130 Comprehensive Sign Programs
A. Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential or mixed use project’s signs with the overall site design and the structures’ design into a unified architectural statement. A Comprehensive sign program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this subchapter. Approval of a comprehensive sign program may modify the standards provided in this subchapter as to the sign number, size, height, illumination, location, orientation, or other aspects or signs within the limits of this section.
B. Applicability. The approval of a comprehensive sign program shall be required whenever any of the following circumstances exist:
1. Whenever the floor areas is in excess of 25,000 square feet;
2. Whenever five or more separate commercial or industrial tenant spaces are present on the same site;
3. Whenever the City Planner determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of the proposed Ordinance 1510 - Page 19
signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.).
C. Approval Authority and Limitation. The Planning Commission shall be the review authority for a comprehensive sign program.
D. Application Requirements. A sign program application for a comprehensive sign program shall include all information and materials required by the Planning Division for a Sign Program Review including a filing fee. Said fee shall be established by resolution of the City. The applicant shall still be required to obtain applicable sign permits and pay the related fee.
E. Standards. A comprehensive sign program shall comply with the following standards:
1. The prosed sign program shall comply with the purpose and intent of this subchapter;
2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures and/or developments they identity, and to surrounding development when applicable;
3. They sign program shall address all signs, including permanent, temporary, and exempt signs;
4. The sign program shall accommodate future revisions that may be required because of changes in use or commercial tenants;
5. The sign program shall comply with the standards of the subchapter 153.170, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this subchapter;
6. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this subchapter; and
7. Review and approval of a comprehensive sign program shall not consider the signs’ proposed message content.
F. Findings. In order to approve a comprehensive sign program the following findings shall be made:
1. The comprehensive sign program complies with the purpose of this subchapter, and the Baldwin Park Design Guidelines;
Ordinance 1510 - Page 20
2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identity and with surrounding development;
3. The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and
4. The comprehensive sign program complies with the standards of this subchapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this subchapter.
G. Revisions to Comprehensive Sign Programs. The Community Development Director may approve revisions to the comprehensive sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised comprehensive sign program by the Planning Commission.
§ 153.170.110 140 – Other Applicable Regulations
In addition to the requirements contained this subchapter, regulations contained of this chapter may apply to signage in the following subchapters:
§ 153.210.090 – General Application Processing Procedures A. Application reviewed for completeness. All applications filed with the Planning Division shall be initially reviewed for application completeness. The City Planner shall determine whether or not the application is complete and shall notify the applicant in writing of the determination that:
a. All the submittal requirements have been satisfied and that the application has been accepted as complete; or
b. Specific information is still necessary to complete the application. For administrative permits and actions, and for sign permits, the applicant shall be notified within seven days and for all other permits and actions, the applicant shall be notified within 30 days.
§ 153.210.265 – Time for Determination
A. Temporary Signs
Permit applications for temporary signs shall be determined within 21 days of application submission unless the City Planner designates the application as one of extraordinary complexity or difficulty, in which case notification of such designation shall be mailed to the Ordinance 1510 - Page 21
applicant within 14 days of application submission. All applications shall be determined within 42 days of application submission. Notice of any determination shall be mailed within two business days after the determination is made (excluding Fridays when City offices are closed).
B. Permanent Signs
Permit applications for permanent signs shall be determined within 63 days unless the City Planer designates the application as one of extraordinary complexity or difficulty, in which case notification of such designation shall be mailed to the applicant within 356 days of application submission. All applications shall be determined within 91 days of application submission.
Notice of any determination shall be mailed within two business days after the determination is made (excluding Fridays when City offices are closed).
C. Mixed Applications
Applications seeking a permit for both temporary and permanent signs will be treated as applications for permanent sign permits; but he City Planner shall have discretion to make a partial determination as to the portion of an application concerning temporary signs at any time before a final determination is made for the whole application.
SECTION 3. California Environmental Quality Act (“CEQA”). The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines because the activity consists of a code amendment, which does not have the potential for causing a significant effect on the environment and does not meet the definition of a project as defined by the CEQA guidelines.
SECTION 4. Effective Date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption
SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
.
Ordinance 1510 - Page 22
PASSED AND APPROVED ON THE 19th day of June, 2024
____________________________________
EMMANUEL J. ESTRADA, MAYOR
ATTEST:
________________________
CHRISTOPHER SANEZ,
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, CHRISTOPHER SANEZ , 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 May 15th, 2024. Thereafter, said Ordinance No. 1510 was duly approved and adopted at a regular meeting of the City Council on June 19, 2024 by the following vote:
AYES:
COUNCILMEMBER:
NOES:
COUNCILMEMBER:
ABSENT:
COUNCILMEMBER:
ABSTAIN:
COUNCILMEMBER:
_________________________________________
CHRISTOPHER SANEZ,
CITY CLERK
STAFF REPORT
ITEM NO. ____11____
TO: Honorable Mayor and Members of the City Council
FROM: Ron Garcia, Director of Community Development
Nick Baldwin, City Planner
PREPARED BY: Jesus Astorga-Rios, Associate Planner
DATE: May 15, 2024
SUBJECT: A request for consideration of a Zoning Text Amendment to repeal and replace Subchapter 153.170 pertaining to Sign Regulations in the City of Baldwin Park to include new
language regarding new static or digital billboard construction and billboard relocation agreements, incorporation of
previously approved sign regulations that were not codified, and reorganization of the chapter as a whole. (Location:
Citywide; Applicant: City of Baldwin Park; Case Number:
AZC 24-02).
SUMMARY
This report requests that the City Council approve a Zoning Text Amendment for the repeal and replacement of the City’s Municipal Code, Subchapter 153.170 relating to Sign Regulations in the City of Baldwin Park. The amended changes to § 153.170 include the restructuring of sections relatin g to new static or digital billboard construction (§ 153.170.110), the addition of a new section relating to billboard relocation agreements (§ 153.170.120), and the revision of the prohibited signs (§ 153.170.050), comprehensive sign programs (§ 153.170.130) and other applicable regulations (§ 153.170.140) sections to include previously adopted language.
RECOMMENDATION
It is recommended that the City Council
1. Conduct a public hearing.
2. Find the proposed ordinance is exempt from environmental review under the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) (“CEQA”) and the State CEQA Guidelines (Cal.
Code Regs, tit. 14, §§ 15000 et seq.). Specifically, the ord inance is categorically exempt from CEQA under Guidelines Section 15061(b)(3) (Common Sense Exception) since the ordinance is not a “project” and can be seen with certainty that there is no possibility that the ordinance may have a significant effect on the environment, either directly or indirectly, and that therefore no environmental review under CEQA is required.
3. Introduce for first reading, by title only and waive further reading, Ordinance 1510, entitled, “AN
ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN PARK REPEALING AND REPLACING SECTION 153.170 OF THE MUNICIPAL CODE RELATING TO SIGN
REGULATIONS TO INCLUDE NEW LANGUAGE REGARDING NEW STATIC OR DIGITAL
BILLBOARD CONSTRUCTION AND BILLBOARD RELOCATION AGREEMENTS,
INCORPORATION OF PREVIOUSLY APPROVED SIGN REGULATIONS THAT WERE NOT
CODIFIED, AND REORGANIZATION OF THE CHAPTER AS A WHOLE
FISCAL IMPACT
There would be no adverse fiscal impact to the City’s General Fund as a result of the City initiated zoning code amendment.
BACKGROUND
On May 2, 2012, The City Council of the City of Baldwin Park approved on second reading Ordinance 1346, which adopted restatements and amendments to Chapters 152 (Subdivision Regulations) and 153 (Zoning Code) of the Baldwin Park Municipal Code and the Cit y’s Zoning Map. The goals of the amendments to the Zoning Code were to modernize the Zoning Ordinance so that it addresses conditions relevant to Baldwin Park today, and to streamline the Zoning Ordinance to make it easier for City staff and the public to use. One update of significance was the restructuring of Subchapter 153.170, herein referred to as the Sign Regulations chapter, which applies to all new signs that were erected or installed after May 2, 2012.
Actions Taken To Date
Since the adoption of Ordinance 1346, numerous amendments have been made to the Sign Regulations chapter to incorporate new standards and provide clarification on certain types of signage in the City of Baldwin Park.
Table #1 provides a summary of each documented Zoning Text Amendment that revised or included a new section to the Sign Regulations chapter from 2012 until today:
TABLE #1: SUMMARY OF PREVIOUSLY ADOPTED SIGN CODE AMENDEMENTS FROM 2012 - 2024
Ordinance # Description CC Meeting Date Decision
1359 Ordinance of the City of Baldwin Park Amending
Code for Comprehensive Sign Programs 11/20/2013 Approved 1394
Ordinance of the City of Baldwin Park Amending
Section 153.170.105 Relating to the Installation of
Billboards
12/21/2016 Approved
1397 Ordinance of the City of Baldwin Park Amending
Subchapter 153.170 3/15/2017
Approved
3/15/2017;
Rescinded on
11/15/2017 with
Ordinance 1402
1398
Ordinance of the City of Baldwin Park Amending
Section 153.170.105(H) Relating to Height
Restrictions for Billboards
5/3/2017 Approved
1402
Urgency Ordinance of the City of Baldwin Park
Modifying Subchapter 153.170 to comply with
Court Order
11/15/2017 Approved
1405
Ordinance of the City of Baldwin Park Amending
Section 153.170.090 Relating to Electronic
Readerboard Signs
3/7/2018 Approved
Reasons Why This Update is Being Undertaken
It is the responsibility of the Planning Division to periodically review the City’s Zoning Ordinance to ensure that all previously captured amendments are correctly inserted into their respective subchapters. Given that there have been multiple amendments to the Sign Regulations chapter of the Municipal Code, Staff conducted a survey documenting which amendments to the Sign Regulations chapter have been incorporated into the current version of the Municipal Code. During this review, Staff discovered that there are multiple amendments that were previously adopted by City Council to the Sign Regulations chapter that were not included or captured correctly in the current version of the Municipal Code. Table #2 provides a list of all of the errors noted in the current version of the City’s Sign Regulations chapter:
TABLE #2: LIST OF INCONSISTENCIES FOUND IN SUBCHATPER 153.170 OF THE CITY OF BALDIWN PARK’S MUNICIPAL CODE
Ordinance # Description Status
1359 Ordinance of the City of Baldwin Park Amending
Code for Comprehensive Sign Programs
Approved language from Ordinance
1359 is missing from Subchapter
153.170
1394 Ordinance of the City of Baldwin Park Amending
Section 153.170.105 Relating to the Installation of
Billboards
Approved language from Ordinance
1394 is missing from Subchapter
153.170
1398 Ordinance of the City of Baldwin Park Amending
Section 153.170.105(H) Relating to Height
Restrictions for Billboards
Approved language from Ordinance
1398 is missing from Subchapter
153.170
1405 Ordinance of the City of Baldwin Park Amending
Section 153.170.090 Relating to Electronic
Readerboard Signs
Approved language from Ordinance
1405 is missing from Subchapter
153.170
Currently the regulating language that was adopted with each missing ordinance is not available to view for the public on the City’s online version of the Municipal Code. Additionally, the electronic version of the Sign Regulations chapter that members of the public can download from the Planning Division webpage does not contain any reference to the missing ordinance numbers. Therefore, it is imperative that the previously adopted ordinances be correctly inserted into the current Sign Regulations subchapter
SIGN REGULATION CHANGES
To that end, City Staff have also taken the opportunity to recommend changes to the current Sign Regulations to be in line with other jurisdictions and their signage regulations. The proposed changes will accomplish the following goals: (1) modernize exist ing signage regulations, (2) clarify existing regulations in sections where Staff felt additional language was necessary, (3) restructure the subsections of the Sign Regulations subchapter to improve readability and provide better orientation to users and, (4) remove inconsistences in current regulations and previously adopted amendments.
Scope of Proposed Changes
As demonstrated in the Redlined version of Subchapter 153.170 (Attachment #5), the proposed changes will reorganize and insert new subsections as they relate to the installation and maintenance of billboards, electronic readerboard signs and signs that are installed within a comprehensive sign program area. Below is a summary of each subsection to be added and/or modified:
§153.170.050 Prohibited Signs
This section has been updated to refer to the revised regulations for Billboards and Electronic Readerboard Signs.
§153.170.080 Sign Regulations by Zone
This section now includes an addition subsection, §153.170.080(C), which now contains the regulations for all electronic readerboard signs. These regulations were originally adopted as a part of Ordinance No. 1405 and have been revised slightly to comply with current industry standards.
§153.170.110 New Static or Digital Billboard Construction
This section includes the regulations that were previously adopted as a part of both Ordinance No. 1394 and 1398, which contain the regulations that govern the installation and maintenance of Billboard Signs. The previously included regulations have been preserved in their entirety, with minor grammatical errors being revised as a part of this project.
§153.170.120 Billboard Relocation Agreements
This section is a new addition to the Sign Regulations subchapter. As noted in the drafted subsection, it is important to provide regulations that govern the relocation of existing billboards within the City, while respecting previously established development agreements and, most importantly, the visual character of the City.
§153.170.130 Comprehensive Sign Programs (formerly referred to as §153.170.107)
This section captures the missing updates that were previously adopted as a part of Ordinance No. 1359. The previously included regulations have been preserved in their entirety, with minor grammatical errors being revised as a part of this project.
§153.170.140 Other Applicable Regulations (formerly referred to as §153.170.110)
No changes have been made to this section itself, aside from the recategorization of this section from §153.170.110 to now be referred to as §153.170.140.
Billboard Relocation Agreements
Per Section 5412 of the California Business and Professions Code, the City of Baldwin Park is authorized to adopt a local ordinance that provides regulations for the relocation of billboards on terms that are acceptable to the City.
Typically, the City would enter into a relocation agreement with an outdoor advertising agency on a case-by-case basis, and the relocations are driven primarily by the need to relocate existing billboards into areas that are more aesthetically appropriate.
As currently drafted, Section 153.170.120 of the City’s Municipal Code, titled “Billboard Relocation Agreements,” will allow for the City of Baldwin Park to effectively monitor potential relocations of existing billboard sites from one area of the city to another. The proposed amendments to the Sign Regulations chapter of the City’s Zoning Ordinance will retain current levels of local control, as any proposed relocation agreement will be required to be reviewed and approved by the City Council
GENERAL PLAN CONSISTENCY
It is Planning Staff’s assessment that the proposed Zoning Text Amendment is consistent with the following General Plan goals and policies:
Land Use Policy 3.4 Encourage the rehabilitation of existing commercial facades and signage
Urban Design Policy 1.3 Establish a consistent design style for all public signage, including fixture type, lettering colors, symbols and logos.
Urban Design Policy 4.2 Review and revise, as necessary, the City’s development standards to improve the quality of new development and to protect public health and safety
FINDINGS OF FACT
1. General Plan Consistency : The amendment is consistent with the goals, policies and objectives of the General Plan
The amendment is consistent with the goals, policies and objectives of the General Plan in that it continues to preserve the existing development standards that govern all allowable signage types within the City of Baldwin Park. Furthermore, with the incor poration of previously adopted signage regulations that are missing in the current zoning code, these amendments will continue to enhance the visual character of the City of Baldwin Park by now capturing previously recommended and approved standards; and
2. Adverse Impacts: The amendment will not adversely affect surrounding properties
The proposed Zoning Text Amendment will not adversely affect surrounding properties. The proposed changes intend to clean up previous aspects of the City’s Sign Regulations, as well as include additional language that provides clarification on existing signage regulations. Furthermore, the additional language regulating the relocation of existing billboards is consistent with how the City currently reviews requests for new billboard construction. As such, no intensification of previously allowable sign type s are being proposed as a part of these amendments, which will result is no adverse impact on affected properties (i.e. commercial and industrial properties); and
3. Safety and Welfare: The amendment promotes public health, safety and general welfare
The proposed Zoning Text Amendment will continue to promote the public health, safety and general welfare of the residents and businesses who serve the City of Baldwin Park. All previously adopted signage regulations will continue to preserve the visual character of the City of Baldwin Park, as no changes to the allowable number, height or areas for all sign types are being propos ed as a part of this update. Furthermore, the updated regulations for all captured sign types are consistent with current industry standards and modern definitions that other jurisdictions have adopted; and
4. Zoning Code Consistency: The amendment serves the goals and purposes of the zoning code
The proposed Zoning Text Amendment will continue to serve the goals and purposes of the City of Baldwin Park’s Zoning Code. The goals and purposes of the Zoning Code are to regulate the use of land within the city in an orderly manner and protect the publi c health, safety, comfort, welfare and general prosperity of the City and the proposed regulations are consistent with these targets. The proposed amendments will allow for the continued regulation of billboards, electronic readerboard signs, and all other sign types in a manner that is typical within the region.
PLANNING COMMISSION ACTION
On April 24, 2024, the Planning Commission voted 4 -0 recommending the City Council approve the proposed Code Amendment.
CEQA REVIEW
THE PROJECT HAS BEEN REVIEWED FOR COMPLIANCE WITH THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), THE CEQA GUIDELINES, AND THE CITY’S
ENVIRONMENTAL PROCEDURES, AND IS FOUND TO BE EXEMPT PURSUANT TO CEQA GUIDELINES SECTION 15061(B)(3), IN THAT THE PROPOSED ACTION CONSISTS OF A CODE
AMENDMENT, WHICH DOES NOT HAVE THE POTENTIAL FOR CAUSING A SIGNIFICANT EFFECT
ON THE ENVIRONMENT AND DOES NOT MEET THE DEFINITION OF A PROJECT AS DEFINED BY
THE CEQA GUIDELINES
LEGAL REVIEW
This report has been reviewed and approved by the City Attorney as to legal form and content.
ATTACHMENTS
1. Planning Commission Resolution 24-04
2. Draft City Council Ordinance 1510
3. Subchapter 153.170, entitled “Sign Regulations” redlined
4. Ordinance No. 1359
5. Ordinance No. 1394
6. Ordinance No. 1398
7. Ordinance No. 1405
ORDINANCE NO. 1510
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF
BALDWIN PARK REPEALING AND REPLACING SECTION
153.170 OF THE MUNICIPAL CODE RELATING TO SIGN
REGULATIONS TO INCLUDE NEW LANGUAGE REGARDING
NEW STATIC OR DIGITAL BILLBOARD CONSTRUCTION
AND BILLBOARD RELOCATION AGREEMENTS,
INCORPORATION OF PREVIOUSLY APPROVED SIGN
REGULATIONS THAT WERE NOT CODIFIED, AND
REORGANIZATION OF THE CHAPTER AS A WHOLE
WHEREAS, Section 153.170 of the Baldwin Park Municipal Code regulates the installation, appearance and maintenance of all private signage types to protect the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public; and
WHEREAS, it is the goal of the City to continue to promote the visual character of the City of Baldwin Park, including but not limited to regulating all public signage; and
WHEREAS, it is the goal of the City to continue to promote the visual character of the City of Baldwin Park, including but not limited to regulating all public signage; and
WHEREAS, it is the obligation of the City to publish approved ordinances and incorporate them into the Municipal Code to provide transparency in government and to provide clear direction to City Staff, the development community, and the general public regarding the regulations for signs; and
WHEREAS, it is in the City’s interest to allow sufficient flexibility in billboard advertising to meet the needs of commercial interests while at the same time protecting the City’s residents from an over saturation of new billboard signs; and WHEREAS, as noted in the Staff Report dated May 15, 2024 from Ron Garcia, Community Development Director, there exists a need to update the current version of the City’s signage regulations to capture previously adopted regulations.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows:
SECTION 1. The recitals above are true and correct and incorporated herein by reference
SECTION 2. Subchapter 153.170 – Sign Regulations of the Baldwin Park Municipal Code is hereby amended as follows:
Ordinance 1510 - Page 2
Section Contents:
§153.170.010 Intent and Purpose
§153.170.020 Applicability
§153.170.030 Permit Requirements
§153.170.040 Exempt Signs
§153.170.050 Prohibited Signs
§153.170.060 Temporary Signs
§153.170.070 General Sign Standards
§153.170.080 Signs Regulations by Zone
§153.170.090 Sign Regulations for Specific Land Uses
§153.170.100 Sign Construction and Maintenance
§153.170.105 110 New Static or Digital Billboard Construction §153.170.106 120 Billboard Relocation Agreements
§153.170.107 130 Comprehensive Sign Programs
§153.170.110 140 Other Applicable Regulations
§ 153.170.010 – Intent and Purpose
The intent and purpose of these sign regulations are to:
A. Urban design and safety standards. Implement the city’s urban design and safety standards as set forth in the General Plan.
B. City appearance. Maintain and enhance the city’s appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs.
C. Pedestrian and vehicular traffic safety. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards.
D. Traffic safety hazards. Eliminate traffic safety hazards to pedestrians and motorists posed by off-site signs.
E. On-site signage. Generally limit private signage to on-site locations to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public.
F. Communication. Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages.
Ordinance 1510 - Page 3
G. Free speech. Respect and protect the right of free speech by sign display, while reasonably regulating the structure, location and other non-communicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics.
H. Nearby effects. Minimize the possible adverse effects of signs on nearby public and private property.
I. Visual quality. Serve the city’s interests in maintaining and enhancing its visual appeal by preventing the degradation of visual quality which can result from excess signage.
J. Protect investment and quality of life. Protect investments in property and lifestyle quality made by persons who choose to live, work or do business in the city.
K. Residential neighborhoods. Defend the peace and tranquility of residential zones and neighborhoods.
§ 153.170.020 – Applicability
A. Compliance. Signs or advertising displays that are erected or maintained within the city shall comply with the provisions of this subchapter and any other applicable federal, state and local statues or laws.
B. Additive requirements. The requirements of this subchapter, shall be applied in addition to any other requirements contained in the Zoning Code.
C. Conflicts. In the event of direct and irreconcilable conflict between any provisions of this subchapter and any other provisions of the Zoning Code or this code, the more restrictive requirements shall govern.
§ 153.170.030 – Permit Requirements
A. Sign permit required. Unless otherwise exempted by § 153.170.040, a sign permit shall be required prior to the placement, construction or physical alteration of the size, height or location of any sign or advertising display in the city. A sign permit may be obtained from the Planning Division pursuant to the provisions of subchapter 153.210, Administrative Procedures.
B. Variance. Signs that do not comply with the requirements of this subchapter, shall not be permitted unless a variance has been granted pursuant to the provisions of subchapter 153.210, Administrative Procedures.
§ 153.170.040 – Exempt Signs
Ordinance 1510 - Page 4
A. Applicability. Unless otherwise specified, the signs listed in this subchapter are categorically exempt from the permit requirement. The signs listed in this section are subject to compliance with all other provisions of this subchapter and other applicable codes, regulations or rules.
B. Restrictions on illumination. All exempt signs shall be non-illuminated, externally illuminated, or internally illuminated.
C. Exempt signs. The following categories of signs do not require a sign permit:
1.Non-Residential Signs – On non-residential property
(a) up to 20 flags or pennants with a combined area of no more than 80 square feet on a staff or pole of no longer than 20 feet, however, no individual flag or pennant may exceed 15 square feet in area;
(b) up to 15 permanent signs with a combined area of no more than 45 square feet and a height of no more than eight feet, however, no individual sign may exceed 15 square feet in area;
(c) Up to four temporary window signs with a combined area of no more than 24 square feet, however, no individual sign may exceed 12 square feet in area and no more than 40% of the area of any given window may be covered by window signs; and
(d) Up to eight other temporary signs with an combined area of no more than 30 square feet and a height of no more than four feet, however, no individual sign may exceed 15 square feet in area. Size limits for window signs with transparent backgrounds (instead of opaque backgrounds) placed on glass doors are doubled.
(e) Where properties include multiple tenants, each tenant may display two flags of no more than twelve square feet, and temporary or permanent signs with a combined area of no more than nine square feet, in addition to the non- residential exemption provided above.
2. Residential Signs- On residential property;
(a) up to three flags or pennants of up to 10 square feet on a staff or pole of no longer than eight feet;
(b) up to three permanent signs with a combined area of no more than 10 square feet and a height of no more than four feet;
(c) up to six temporary window signs with a combined area of no more than nine square feet, except that no more than 50% of the area of any given window may be covered by window signs; and
(d) up to four other temporary signs with a combined area of no more than 10 square feet and a height of no more than three feet.
(e) Where residential properties include multiple dwelling units, each dwelling unit may display one flag of no more than 6 square feet, and temporary or Ordinance 1510 - Page 5
permanent signs with a combined area of no more than six square feet, in addition to the basic residential exemption provide above. § 153.170.050 – Prohibited Signs
The following signs are prohibited on any property within the city:
A. Abandoned Signs.
B. Animated Signs, except as provided for electronic readerboard signs as permitted pursuant to Section 153.170.080(D).
C. Inflatable/Balloon Signs.
D. Roof Signs.
E. Murals.
F. Can (Box) Signs.
G. Off-Site Signs (billboards), except as approved as a part of a Billboard Relocation Agreement pursuant to the terms of this Chapter or as provided for billboards or digital billboards permitted per in Section 153.170.105110.
H. Off-Site Signs. Off-site identification signs, except government, civic signs as provided in this subchapter.
I. Portable Signs, including A-frame, sandwich board signs, and vehicle-mounted signs.
J. Cross-visibility area. Any sign located within a required clear cross-visibility area.
K. Permission not granted. Signs erected without the permission of the owner of the property on which the sign is located.
L. Signs in the public right-of-way. Signs within or projecting over a public right-of-way.
M. Imitation traffic signs. Signs which purport to be, are an imitation of, or resemble official traffic warning devices or signs, that by color, location or lighting may confuse or disorient vehicular or pedestrian traffic, impede the flow of traffic or create a traffic hazard, excluding authorized on-site directional sites.
N. Painted signs. Signs painted directly on an exterior wall, fence, fascia or parapet.
Ordinance 1510 - Page 6
O. Signs attached to utility poles. Signs attached to utility poles, unless specifically approved by the utility company in writing.
P.Signs attached other features. Signs attached to trees, fences, bridges or light poles.
Q. Vehicle signs. Vehicle signs, where the primary purpose or use of the vehicle is the display of advertising material. This does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used.
R. Disrepair. Any sign that is in disrepair.
§ 153.170.060 – Temporary Signs
A Permitted Temporary Signs. In addition to exempt temporary signs pursuant to § 153.170.040(C), temporary signs may be permitted on the site of any business holding a grand opening or promoting a special product, sale, or event. The following types of temporary signs are permitted under such circumstances, provided they comply with the applicable standards provided in in subsection B below:
1.Banners not exceeding 50 square feet.
2.Pennants, with the area on which the pennants are located not to be permitted not permitted to exceed 15 percent of the square footage of the lot upon which they are located.
B. Standard for Temporary Signs: Such Temporary signs under subsection A above shall comply with the following standards:
1. Maximum number. A maximum of 1 temporary sign may be displayed for each non-residential property at any given time.
2. Maximum duration. Each temporary sign may be displayed for a maximum of 30 consecutive days. Temporary signs may be displayed up to 4 nonconsecutive times within a 12-month period.
3. Location and attachment. Temporary signs shall be attached to the main building wall or fence and shall not extend above the roofline or height of the wall or fence on which they are located.
4. Balloons. Balloons shall not be used in conjunction with any temporary sign.
Ordinance 1510 - Page 7
5. Attachment and illumination. Temporary signs shall not be freestanding or illuminated.
6. Safety and maintenance. Temporary signs shall be kept in a safe and presentable condition.
§ 153.170.070 – General Sign Standards
All signs, including exempt and temporary signs, located within all zones shall comply with the following regulations:
A. Sign Lettering and Numbering.
1.To facilitate emergency response by public safety personnel, the sign nearest to the public entrance of a business which utilizes any non-Roman alphabet letters, characters and/or symbols shall also contain a general description of the business and other entities occupying the building written in English. The English language portion of the sign shall be readable form the public right-of-way.
2.In all cases where a sign or other zoning permit is required by this chapter or other law, the applicant shall submit to the city a certification, issued under penalty of perjury under the laws of the State of California, containing an English language translation of all non-Roman alphabet letters, characters and symbols proposed to be displayed on the sign. An application for such permit shall not be deemed complete until the applicant has provided such certification.
B. Sign Lighting and Illumination.
1.Unless otherwise specified for exempt and temporary signs, signs may be non- illuminated or internally illuminated. If internally illuminated, illumination of individual letters and logos is preferred. The Approving Authority of the sign permit may authorize external illumination.
3.All signs shall be arranged, operated, shielded and maintained to prevent any glare, reflection, nuisance, inconvenience or hazardous interference of any kind to abutting or adjacent properties, streets and walkways.
C. Sign Location.
No internally illuminated sign placed on any commercial or industrially zoned property shall be located within 50 feet of the lot line, if such line is shared with any residentially zoned lot, and if the sign face area is oriented toward the residentially zoned lot.
D. Sign Aesthetics.
Ordinance 1510 - Page 8
1.All newly erected signs shall comply with the Sign Design Guidelines Manual.
2.All permanent signs located within any zone shall be compatible to the associated structure’s architecture and design features.
3.All permanent signs located on commercial and industrial structures shall be integrated within structure’s architecture.
§ 153.170.080 – Signs Regulations by Zone
Table 153.170.080 identifies the types of signs permitted by zone district and the development standards applicable to such signs. In addition to the requirements set forth in Table 153.170.080, the following criteria shall apply:
A. Freestanding Signs.
1. As indicated in Table 153.170.080, freestanding signs shall be permitted only in the FC, C-2 and I-C zones that have freeway frontage.
2. The base of all freestanding signs shall be landscaped at the time of sign installation such that the base is fully obscured by landscaping to a minimum height of 6 feet within 3 years of landscape installation. Such landscaping shall be maintained in a neat and healthy condition at all times.
B. Monument Signs.
Monument signs may be located in planter medians abutting a driveway or within the project driveway.
Table 153.170.080
Sign Regulations by Zone
Zone Sign Type
Maximum
Number
Maximum
Sign Area
Maximum
Height Notes
Monument 1 24 sf 4 ftR-G and
R-3 Wall 1 36 sf 4 ft
Monument 1 per frontage 32 sf 6 ftC-1
MU-2 Wall 1 or more 50 sf 4 ft
Ordinance 1510 - Page 9
Monument 1 per frontage 64 sf 12 ft In lieu of a monument sign, an Electronic
Readerboard Sign may be
permitted, subject to
approval of a Conditional
Use Permit and Design
Review, provided the sign
complies with the
provisions outlined in
§153.170.80.D.
Wall 1 or more 2 sf of sign area per
linear foot of primary
building frontage
6 ft
C-2,
F-C,
I-C,
MU-1
without
freeway
frontage
Secondary
Wall
1 or more 1 sf of sign area per
linear foot of primary
building frontage
4 ft
C-2,F-C,
I-C,
with
freeway
frontage
Freestanding 1 1 sf of sign area per 1
linear foot of street
frontage
80 ft 1. A maximum of 1
freestanding sign is
permitted for lots with less
than 800 linear feet of
street frontage. One
additional freestanding
sign is permitted for lots
with more than 800 linear
feet of street frontage. For
this purpose, a commercial
center is considered a
single lot.
2. Additional sign face
area for monument signs
may be granted in lieu of
use of freestanding signs,
per criteria established by
the Director of
Community Development.
3. In lieu of a monument
sign, an Electronic
Readerboard Sign may be
permitted, subject to
approval of a Conditional
Use Permit and Design
Review, provided the sign
complies with the
provisions outlined in
Ordinance 1510 - Page 10
§153.170.80.D
Monument 1 40 sf 8 ft In lieu of a monument
sign, an Electronic
Readerboard Sign may be
permitted, subject to
approval of a Conditional
Use Permit and Design
Review, provided the sign
complies with the
provisions outlined in
§153.170.80.D
I
Wall 1 or more 1 sf of sign area for
each linear foot of
primary building
frontage
6 ft
C. Wall Signs.
1.A maximum of 3 wall signs shall be permitted for each wall of a commercial unit that contains a main entrance or is adjacent to a street.
2.A maximum of 1 wall sign shall be permitted for each wall of a commercial unit that does not contain a main entrance.
3.Wall signs shall not project more than 18 inches from the building wall.
4. Sign height shall be measured from the bottom to the top of the sign.
D. Electronic Readerboard Sign.
1. Sign Defined. An Electronic Readerboard Sign is a sign that incorporates changeable messages which may be changed by remote or automatic means.
2. Applicability and Review. Electronic Readerboard Signs are allowed, subject to approval of a Conditional Use Permit and Design Review, for businesses with a minimum of three (3) acres (for the overall business), within the C-2, F- C, I-C and I Zones and along a designated truck route. This sign type may be installed in lieu of, but not in addition to, freestanding and/or monument signage permitted on-site.
a. Design review shall include review of the following sign elements: sign style, sign height, sign size, number of other signs on the site, sign Ordinance 1510 - Page 11
placement and sign materials, subject to the criteria established in this subsection.
3. Orientation. Signs shall not face residentially zoned properties or residential uses, schools, hospitals, convalescent hospitals and other sensitive land uses as deemed appropriate through the Conditional Use Permit process.
4. Message Duration. Messages shall remain static for a minimum of eight (8) seconds. Message changes shall occur within a timespan of no more than one (1) second.
5. Activity. Messages on the Electronic Readerboard Sign shall rotate only during normal business hours or as deemed appropriate though the Conditional Use Permit process.
6. Contrast. Electronic Readerboard Signs shall be adjusted to maintain contrast between the sign face and surrounding areas, subject to review and approval through the Conditional Use permit Process.
7. Illumination. The following provisions apply to the illumination of Electronic Readerboard Signs:
a. Automatic dimming controls shall be installed, either by photocell (hardwire) or via software settings, in order to bring the lighting level down to avoid spillover and light trespass onto abutting or adjacent properties and to avoid glare at any time of the day.
b. Electronic Readerboard Signs shall be adjusted to minimize the degree of brightness and glare. Lighting levels should be sensitive to the environment and react with natural light sources, subject to review and approval through the conditional use permit process.
§ 153.170.090 – Sign Regulations for Specific Land Uses or Sign Types In addition to other standards set forth in this subchapter, the following land uses are subject to the following regulations:
A. Service Stations.
1.Each service station may maintain a maximum of 4 canopy signs, each having no more than 50 square feet of sign face area.
2.Each service station may maintain 1 permanently installed sign not to exceed 40 square feet in area.
Ordinance 1510 - Page 12
3.Each service station may maintain a maximum of 2 permanently installed or portable price signs not exceed 20 square feet in area.
B. Automobile Dealerships.
1.Each automobile dealership may display banners and pennants with a total area not to exceed 15 percent of the square footage of the lot upon which they are located.
2.Each automobile dealership may display a maximum of 20 banners attached to freestanding light standards. Each banner shall not exceed 50 square feet of area.
3.Each automobile dealership may display one pennant for every 2,500 square feet of lot area, up to a maximum of 12 such pennants. Each pennant shall not exceed 20 square feet in area.
C. Electronic Readerboard Signs.
Sign Defined. An Electronic Readerboard Sign is a sign that incorporates changeable messages which may be changed by electronic processes or by remote control.
Applicability and Review. Electronic Readerboard Signs are allowed, subject to approval of a Conditional Use Permit and Design Review, for businesses with a minimum of three (3) acres (for the overall business), within the C-2, F-C, I-C and I Zones and along a designated truck route. This sign type may be installed in lieu of, but not in addition to, freestanding and/or monument signage permitted on-site.
Design review shall include review of the following sign elements: sign style, sign height, sign size, number of other signs on the site, sign placement and sign materials, subject to the criteria established in this subsection.
Orientation. Signs shall not face residentially zoned properties or residential uses, schools, hospitals, convalescent hospitals and other sensitive land uses as deemed appropriate through the Conditional Use Permit process.
Message Duration. Messages shall remain static for a minimum of eight (8) seconds. Message changes shall occur within a minimum of two (2) seconds and a maximum of five (5) seconds.
Activity. Messages on the Electronic Readerboard Sign shall rotate only during normal business hours or as deemed appropriate though the Conditional Use Permit process.
Ordinance 1510 - Page 13
Contrast. Electronic Readerboard Signs shall be adjusted to maintain contrast between the sign face and surrounding areas, subject to review and approval through the Conditional Use Permit process.
Illumination. The following provisions apply to the illumination of Electronic Readerboard Signs:
Automatic dimming controls shall be installed, either by photocell (hardwire) or via software settings, in order to bring the lighting level down to avoid spillover and light trespass onto abutting or adjacent properties and to avoid glare at any time of the day.
Electronic Readerboard Signs shall be adjusted to minimize the degree of brightness and glare. Lighting levels should be sensitive to the environment and react with natural light sources, subject to review and approval through the Conditional Use Permit process.
Sign illumination during nighttime hours may not exceed a maximum luminance level of 750 cd/m2. or nits, regardless of the method of illumination.
Electronic Readerboard Signs with external illumination, whether the lighting is mounted above or below the sign face or panel, shall fully shield all lighting fixtures or luminaries. § 153.170.100 – Sign Construction and Maintenance
A. Compliance with codes and development standards. All signs shall comply with the appropriate provisions of the State Building Code, as adopted by the city, relative to design, construction, structural integrity, connections and safety. Signs shall also comply with the provisions of the applicable electrical code and the development standards.
B. Maintenance. All signs shall be maintained in a good structural condition at all times and be kept neatly painted, including all metal parts and supports that are not made of a rust resistant material. Any crack, broken surface, malfunction, missing sign copy or other damaged portion shall be repaired or replaced.
§ 153.170.105 110 New Static or Digital Billboard Construction Notwithstanding any other provision of this code, a Static Billboard or Digital Billboard (as defined below) may be installed with copy visible from within any Interstate Freeway Corridor (as defined below), subject to all the following:
(a) Digital Billboard shall mean any off-site Advertising Display (a Static Billboard), as defined in the California Business and Professions Code (BPC) § 5202, that uses state- of-the-art digital technology,
Ordinance 1510 - Page 14
(b) Interstate Freeway Corridor means the area comprised of any Interstate Highway (as defined in BPC § 5215) and within 200 feet from the edge of the right-of-way (as defined BPC § 5222) and within a commercial or industrial zoned property. (c) Each Advertising Structure (as defined in BPC § 5203), whether a Static Billboard or an Advertising Display that is used to support a Digital Billboard shall be placed within an Interstate Freeway Corridor,
(d) The Static Billboard or the Digital Billboard owner must:
1) Receive Caltrans’ approvals, as necessary and
2) Execute an agreement with the City by which each billboard owner agrees to (i) indemnify, defend and hold harmless the City from any and all claims, lawsuits, awards and judgements, including any reasonable attorney’s fees and court costs, that may arise from the approval of a Static Billboard or a Digital Billboard and associated Advertising Structrue and removal of an applicable Advertising Structure that may or may not be required to be removed, in consideration for any one or more negotiated benefits, including but not limited to such items as new park signs, landscaping, sign removals, or development fees, pursuant to this section or to any other provision of this code, subject to the terms of that agreement and (ii) comply with any and all required mitigation measures, conditions of approval and all applicable provisions of this section and this code,
(e) The property owner upon which a Static Billboard or a Digital Billboard is to be erected executes an agreement with the City by which that owner consents to the City’s entry onto his/her/its property to remove that Static Billboard or a Digital Billboard and associated Advertising Structure, as permitted in the agreement between the billboard owner and the City, and by which that property owner releases and indemnifies the City from liability for that permitted removal, (f) The new Advertising Structure cannot be used to support more than two (2) Digital Billboards with each one facing in different directions, (g) The entire portion of an Advertising Structure that comprises the active display face of a Static Billboard or Digital Billboard shall not be more than forty-eight feet (48’) in width, fourteen feet (14’) in height nor six hundred and seventy-two (672) square feet in area; provided, that, in addition, an apron for a Static Billboard or Digital Billboard can extend up to a maximum of approximately thirty-six inches (36”) below that Digital Billboard face or 5.5 foot top extensions or 2 foot side extensions, Ordinance 1510 - Page 15
(h) The overall height of the Advertising Structure that is a Static Billboard or that includes a Digital Billboard, and excluding extensions, shall not be more than sixty- five (65’) feet, as measured from the highest point of the main road or Interstate Highway from which the advertising is to be viewed,
(i) The distance between two Static Billboards or between a Static Billboard and Digital Billboard shall be at least five-hundred feet (500’). The distance between two Digital Billboards shall be at least one-thousand feet (1,000’). The distance requirements shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans) and as defined in BPC § 5222. (j) A Digital Billboard shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance of two-hundred and fifty feet (250’) perpendicular to the display face of the Digital Billboard. Each Digital Billboard shall have a light sensing device that will automatically adjust the brightness of the Digital Billboard to meet that foot candle requirement, as ambient light conditions change,
(k) Only if the City agreement requires the removal of existing advertising structures, then if four or less Advertising Structures are being replaced by new Advertising Structures with Digital Billboards, then at least eight (8) additional display faces and the Advertising Structures supporting the eight (8) additional display faces must be permanently removed from the City by the Digital Billboard owner receiving the approval and the removal of all the display faces and their respective Advertising Structures to be removed shall be completed prior to construction by that owner of any Advertising Structure, including a Digital Billboard, (l) Only if the City agreement requires the removal of existing advertising structures, then if five or more Advertising Structures are being replaced by new Advertising Structures with Digital Billboards, then for each new Advertising Structures, above four (4) new Advertising Structures, at least two (2) additional display faces must be permanently removed from the City by the Digital Billboard owner receiving the approval and the removal of all the display faces and their respective Advertising Structures to be removed shall be completed prior to construction by that owner of any Advertising Structure including a Digital Billboard. (m)A Digital Billboard shall only display a series of still images and each still image must be displayed for a minimum of four consecutive seconds. No still image shall have animation, movement, or the appearance of an optical illusion of movement of any part of the Advertising Structure and each still image shall not include flashing, scintillating lighting or the varying of light intensity or any other means of not providing constant illumination. Transition time between one still image and the immediate next still image shall not exceed one second and Ordinance 1510 - Page 16
(n) (i) If a Digital Billboard installed pursuant to this section must be removed due to a final court order or judicially approved settlement resulting from a legal action brought by a third party, who is not related to the owner or operator of that Digital Billboard (the “Owner/Operator”), (ii) that Digital Billboard replaced a non-Digital Billboard (the “Replaced Non-Digital Billboard”) and (iii) the Replaced Non-Digital Billboard was the subject of a previous formal written agreement with the City, then the Owner/Operator shall be permitted to reinstall a new state-of-the-art non-Digital Billboard (the “Replacement Non-Digital Billboard”) on the same Advertising Structure used to support that Digital Billboard; provided, that the reinstallation of the Replacement Non-Digital Billboard must occur before the date the previous formal agreement would have terminated (the “Previous Termination Date”), the Replacement Non-Digital Billboard and supporting Advertising Structure must be removed on or before the Previous Termination Date and the Replacement Non- Digital Billboard must comply with all the applicable criteria for Digital Billboards, as set forth in in this section and the agreement referred to in (D)(2), above. (o)The following sections do not apply to signs approved per this Section 153.170.105:
Sections 153.050.030, 153.170.080(D)
§ 153.170.106 120 Billboard Relocation Agreements
Billboards are recognized as a legitimate form of commercial advertising in the City.
However, the size, number, location and illumination of billboards can have significant influence on the City's visual character, and can, without appropriate control, create or contribute to visual blight conditions. The purpose of this section is to provide the parameters under which existing billboards may be relocated and reconstructed subject to reasonable controls, while recognizing that community appearance is an important factor in ensuring the general community welfare. Nothing herein shall affect the right of any billboard in existence as of the date that this section becomes effective to continue to exist pursuant to an agreement or as a legal nonconforming use to be maintained pursuant to such agreement or in conformance with this chapter.
A. General Requirements.
1. The requirements of this section shall apply to any off-site sign (Billboard) project involving the installation or construction of relocated billboard, or the expansion, modification, or digitization of an existing billboard, or the addition of additional face(s) to an existing billboard within the City.
Relocated Billboards shall be permitted in the City only after an Agreement has been negotiated and executed between the billboard operator/owner and City and a permit has been issued in accordance with the terms of this section.
The Agreement may include compensation to be paid to the city or the provision of other public benefits to be provided as a result of the relocation, installation and operation of any billboard or modification of an existing Ordinance 1510 - Page 17
billboard within the City. All relocated billboards constructed shall comply with this chapter and all applicable requirement of the California Business & Professions Code and the California Code of Regulations.
2. An owner or entity proposing an agreement for relocation shall establish that the relocated billboard meets one or more of the following eligibility requirements:
a. The billboard proposed for complete demolition and relocation is the subject of any eminent domain action or threat of eminent domain action by a legally created public entity possessing eminent domain/condemnation authority and provides public benefits for such relocation ; or
b. The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location so as not to conflict with the proposed development or redevelopment of the property and provides public benefits for such relocation as negotiated in the agreement; or
c. The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location within the City that lessens the overall negative aesthetic impacts on the City and its residents and provides public benefits for such relocation; or
d. The applicant has previously removed and completely demolished one or more billboards and maintains credits for such removal by the California Department of Transportation pursuant to California Business & Professions Code, Section 5443.5 and such relocation benefits the City; or
e. The applicant proposes to enhance, improve and modify an existing billboard already established within the City for the purpose of modernizing and improving the aesthetic appearance of such billboard.
3. In the event of any conflict between any provision contained in this section and any other provisions contained elsewhere in this code, the provisions of this section shall govern.
4. No billboard shall be approved and no existing billboard shall be modified without the applicant first providing proof of legal or equitable interest in the site proposed for relocation or modification, including, but not limited to a lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property for the term desired.
Information to be provided shall including the written consent of the property owner if not readily ascertainable from the foregoing documents.
5. All billboard agreements shall include requirements that applicants obtain all additional federal and/or state permits for installation. Nothing contained in this section shall require the City to negotiate and/or approve an Agreement on terms that are unacceptable to the City Council.
Ordinance 1510 - Page 18
B. Physical Requirements.
1. The minimum distance between two or more billboards shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans). All distances shall be measured from the vertical centerline of each billboard face.
2. All utilities for each billboard shall be underground.
3. No billboard shall have more than one face (display surface) oriented in the same vertical plane. Additional display face may be added if used for on- premise advertising only in accordance with approved site plan
4. All billboards shall plainly display, and be visible from no less than 100 feet, the name of the person or company owning or maintaining it and the billboard identification number.
5. All billboards shall be placed at least 100 feet from any single-family residential zone or single-family residential use. The measurement shall be from the closest edge of the billboard to the closest edge of the single-family residential zone or closest property line on which a single family residential use is located.
C. Application requirements; Review procedures.
1. Application requirements. In addition to the application requirements for sign permits required by this code, a person or entity wishing to enter into a billboard relocation agreement shall submit a request in writing for approval of an Agreement that includes the following:
a. The name, address phone number and other contact information of the person or entity proposing the Agreement.
b. Identification of the location proposed for a new or relocated or modified billboard and the billboard(s) being permanently removed or modified, where applicable;
c. Information that establishes that the person or entity proposing the Agreement has legal or equitable interest in the billboard being removed or modified and the site proposed for relocation or placement. d. Conceptual design drawings for the billboards that includes technical specifications to determine the billboard’s compliance with this chapter.
e. An explanation of the compensation to be paid or public benefits to be provided to the City.
f. The application must include photos of all existing signage or architectural renderings and elevations of proposed billboards as well as a scaled plot plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed billboard.
Ordinance 1510 - Page 19
2. The applicant must pay a filing fee in accordance with an approved resolution.
This fee shall be in addition to any other required fees for permits relative to the development of the property and shall be for the purpose of defraying the costs associated with city review and action on the application.”
3. Review Process. All Agreements shall be reviewed by the Planning Commission at a duly notice public hearing. The public hearing shall be noticed in the same way that conditional use permits and variances are noticed pursuant to this chapter. The Planning Commission shall review the Agreement and, after a duly noticed public hearing, make a recommendation to City Council, based on current development standards, the location of the proposed relocated or modified billboard and whether the proposed relocated or modified billboard meets the findings contained in this section.
At a City Council meeting held no later than forty-five (45) days after the Planning Commission makes its recommendation, the City Council shall review and consider the Agreement, at a duly noticed public hearing. The hearing before the City Council shall be noticed the same as any conditional use permit and may be continued from time to time. In order to approve a request for an Agreement, the City Council shall make the following findings for approval of an Agreement:
a. The proposed agreement is consistent with the goals, objectives, purposes and provisions of the General Plan, the Municipal Code and any applicable specific plans; b. The proposed agreement would promote installation of a billboard that is compatible with the uses and structures on the site and in the surrounding area, considering the scale and materials of adjacent buildings, the desired character of the neighborhood, district, or corridor where the billboard is located, and pedestrian orientation.; c. The proposed agreement authorizes the installation of a billboard that would not create a traffic or safety problem, including problems associated with onsite access circulation or visibility;
d. The proposed agreement for installation would not interfere with onsite parking or landscaping required by City ordinance or permit; and
e. The proposed agreement does not promote construction of a billboard that would not otherwise result in a threat to the general health, safety and welfare of City residents. f. The proposed billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation.”
§ 153.170.107 130 Comprehensive Sign Programs
A. Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential or mixed use project’s signs with the overall site design and the structures’ design into a unified architectural statement. A Comprehensive sign program provides a means for the flexible application of sign regulations in order to Ordinance 1510 - Page 20
provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this subchapter. Approval of a comprehensive sign program may modify the standards provided in this subchapter as to the sign number, size, height, illumination, location, orientation, or other aspects or signs within the limits of this section.
B. Applicability. The approval of a comprehensive sign program shall be required whenever any of the following circumstances exist:
1. Whenever the floor areas is in excess of 25,000 square feet;
2. Whenever five or more separate commercial or industrial tenant spaces are present on the same site;
3. Whenever the City Planner determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of the proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.).
C. Approval Authority and Limitation. The Planning Commission shall be the review authority for a comprehensive sign program.
D. Application Requirements. A sign program application for a comprehensive sign program shall include all information and materials required by the Planning Division for a Sign Program Review including a filing fee. Said fee shall be established by resolution of the City. The applicant shall still be required to obtain applicable sign permits and pay the related fee.
E. Standards. A comprehensive sign program shall comply with the following standards:
1. The prosed sign program shall comply with the purpose and intent of this subchapter;
2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures and/or developments they identity, and to surrounding development when applicable;
3. They sign program shall address all signs, including permanent, temporary, and exempt signs;
4. The sign program shall accommodate future revisions that may be required because of changes in use or commercial tenants;
Ordinance 1510 - Page 21
5. The sign program shall comply with the standards of the subchapter 153.170, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this subchapter;
6. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this subchapter; and
7. Review and approval of a comprehensive sign program shall not consider the signs’ proposed message content.
F. Findings. In order to approve a comprehensive sign program the following findings shall be made:
1. The comprehensive sign program complies with the purpose of this subchapter, and the Baldwin Park Design Guidelines;
2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identity and with surrounding development;
3. The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and
4. The comprehensive sign program complies with the standards of this subchapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this subchapter.
G. Revisions to Comprehensive Sign Programs. The Community Development Director may approve revisions to the comprehensive sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised comprehensive sign program by the Planning Commission.
§ 153.170.110 140 – Other Applicable Regulations
In addition to the requirements contained this subchapter, regulations contained of this chapter may apply to signage in the following subchapters:
§ 153.210.090 – General Application Processing Procedures Ordinance 1510 - Page 22
A. Application reviewed for completeness. All applications filed with the Planning Division shall be initially reviewed for application completeness. The City Planner shall determine whether or not the application is complete and shall notify the applicant in writing of the determination that:
a. All the submittal requirements have been satisfied and that the application has been accepted as complete; or
b. Specific information is still necessary to complete the application. For administrative permits and actions, and for sign permits, the applicant shall be notified within seven days and for all other permits and actions, the applicant shall be notified within 30 days.
§ 153.210.265 – Time for Determination
A. Temporary Signs
Permit applications for temporary signs shall be determined within 21 days of application submission unless the City Planner designates the application as one of extraordinary complexity or difficulty, in which case notification of such designation shall be mailed to the applicant within 14 days of application submission. All applications shall be determined within 42 days of application submission. Notice of any determination shall be mailed within two business days after the determination is made (excluding Fridays when City offices are closed).
B. Permanent Signs
Permit applications for permanent signs shall be determined within 63 days unless the City Planer designates the application as one of extraordinary complexity or difficulty, in which case notification of such designation shall be mailed to the applicant within 356 days of application submission. All applications shall be determined within 91 days of application submission.
Notice of any determination shall be mailed within two business days after the determination is made (excluding Fridays when City offices are closed).
C. Mixed Applications
Applications seeking a permit for both temporary and permanent signs will be treated as applications for permanent sign permits; but he City Planner shall have discretion to make a partial determination as to the portion of an application concerning temporary signs at any time before a final determination is made for the whole application.
Ordinance 1510 - Page 23
SECTION 3. California Environmental Quality Act (“CEQA”). The City Council finds that this Ordinance is not subject to the California Environmental Quality Act (“CEQA”) pursuant to Section 15061(b)(3) of the CEQA Guidelines because the activity consists of a code amendment, which does not have the potential for causing a significant effect on the environment and does not meet the definition of a project as defined by the CEQA guidelines.
SECTION 4. Effective Date. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption SECTION 5. Severability. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of this Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby.
.
PASSED AND APPROVED ON THE 15th day of May, 2024
____________________________________
EMMANUEL J. ESTRADA, MAYOR
ATTEST:
________________________
CHRISTOPHER SANEZ,
CITY CLERK
STATE OF CALIFORNIA )
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK )
I, CHRISTOPHER SANEZ, 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 May 15th, 2024. Thereafter, said Ordinance No. 1510 was duly approved and adopted at a regular meeting of the City Council on _____________ by the following vote:
Ordinance 1510 - Page 24
AYES: COUNCILMEMBER:
NOES: COUNCILMEMBER:
ABSENT: COUNCILMEMBER:
ABSTAIN: COUNCILMEMBER:
_________________________________________
CHRISTOPHER SANEZ,
CITY CLERK
153.170 Sign Regulations
153.170-1
SUBCHAPTER 153.170 – SIGN REGULATIONS
Section Contents:
§153.170.010 Intent and Purpose
§153.170.020 Applicability
§153.170.030 Permit Requirements
§153.170.040 Exempt Signs
§153.170.050 Prohibited Signs
§153.170.060 Temporary Signs
§153.170.070 General Sign Standards
§153.170.080 Signs Regulations by Zone
§153.170.090 Sign Regulations for Specific Land Uses
§153.170.100 Sign Construction and Maintenance
§153.170.105 110 New Static or Digital Billboard Construction §153.170.106 120 Billboard Relocation Agreements
§153.170.107 130 Comprehensive Sign Programs
§153.170.110 140 Other Applicable Regulations
§ 153.170.010 – Intent and Purpose
The intent and purpose of these sign regulations are to:
A. Urban design and safety standards. Implement the city’s urban design and safety standards as set forth in the General Plan.
B. City appearance. Maintain and enhance the city’s appearance by regulating the design, character, location, number, type, quality of materials, size, illumination and maintenance of signs.
C. Pedestrian and vehicular traffic safety. Protect and improve pedestrian and vehicular traffic safety by balancing the need for signs which facilitate the safe and smooth flow of traffic without an excess of signage which may distract motorists, overload their capacity to quickly receive information, visually obstruct traffic signs or otherwise create congestion and safety hazards.
D. Traffic safety hazards. Eliminate traffic safety hazards to pedestrians and motorists posed by off-site signs.
E. On-site signage. Generally limit private signage to on-site locations to protect the aesthetic environment from the visual clutter associated with the unrestricted proliferation of signs, while providing channels of communication to the public.
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F. Communication. Allow the communication of information for commercial and noncommercial purposes without regulating the content of noncommercial messages.
G. Free speech. Respect and protect the right of free speech by sign display, while reasonably regulating the structure, location and other non-communicative aspects of signs, generally for the public health, safety, welfare and specifically to serve the public interests in traffic and pedestrian safety and community aesthetics.
H. Nearby effects. Minimize the possible adverse effects of signs on nearby public and private property.
I. Visual quality. Serve the city’s interests in maintaining and enhancing its visual appeal by preventing the degradation of visual quality which can result from excess signage.
J. Protect investment and quality of life. Protect investments in property and lifestyle quality made by persons who choose to live, work or do business in the city.
K. Residential neighborhoods. Defend the peace and tranquility of residential zones and neighborhoods.
§ 153.170.020 – Applicability
A. Compliance. Signs or advertising displays that are erected or maintained within the city shall comply with the provisions of this subchapter and any other applicable federal, state and local statues or laws.
B. Additive requirements. The requirements of this subchapter, shall be applied in addition to any other requirements contained in the Zoning Code.
C. Conflicts. In the event of direct and irreconcilable conflict between any provisions of this subchapter and any other provisions of the Zoning Code or this code, the more restrictive requirements shall govern.
§ 153.170.030 – Permit Requirements
A. Sign permit required. Unless otherwise exempted by § 153.170.040, a sign permit shall be required prior to the placement, construction or physical alteration of the size, height or location of any sign or advertising display in the city. A sign permit may be obtained from the Planning Division pursuant to the provisions of subchapter 153.210, Administrative Procedures.
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B. Variance. Signs that do not comply with the requirements of this subchapter, shall not be permitted unless a variance has been granted pursuant to the provisions of subchapter 153.210, Administrative Procedures.
§ 153.170.040 – Exempt Signs
A. Applicability. Unless otherwise specified, the signs listed in this subchapter are categorically exempt from the permit requirement. The signs listed in this section are subject to compliance with all other provisions of this subchapter and other applicable codes, regulations or rules.
B. Restrictions on illumination. All exempt signs shall be non-illuminated, externally illuminated, or internally illuminated.
C. Exempt signs. The following categories of signs do not require a sign permit:
1.Non-Residential Signs – On non-residential property
(a) up to 20 flags or pennants with a combined area of no more than 80 square feet on a staff or pole of no longer than 20 feet, however, no individual flag or pennant may exceed 15 square feet in area;
(b) up to 15 permanent signs with a combined area of no more than 45 square feet and a height of no more than eight feet, however, no individual sign may exceed 15 square feet in area;
(c) Up to four temporary window signs with a combined area of no more than 24 square feet, however, no individual sign may exceed 12 square feet in area and no more than 40% of the area of any given window may be covered by window signs; and
(d) Up to eight other temporary signs with an combined area of no more than 30 square feet and a height of no more than four feet, however, no individual sign may exceed 15 square feet in area. Size limits for window signs with transparent backgrounds (instead of opaque backgrounds) placed on glass doors are doubled.
(e) Where properties include multiple tenants, each tenant may display two flags of no more than twelve square feet, and temporary or permanent signs with a combined area of no more than nine square feet, in addition to the non- residential exemption provided above.
2. Residential Signs- On residential property;
(a) up to three flags or pennants of up to 10 square feet on a staff or pole of no longer than eight feet;
(b) up to three permanent signs with a combined area of no more than 10 square feet and a height of no more than four feet;
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(c) up to six temporary window signs with a combined area of no more than nine square feet, except that no more than 50% of the area of any given window may be covered by window signs; and
(d) up to four other temporary signs with a combined area of no more than 10 square feet and a height of no more than three feet.
(e) Where residential properties include multiple dwelling units, each dwelling unit may display one flag of no more than 6 square feet, and temporary or permanent signs with a combined area of no more than six square feet, in addition to the basic residential exemption provide above. § 153.170.050 – Prohibited Signs
The following signs are prohibited on any property within the city:
A. Abandoned Signs.
B. Animated Signs, except as provided for electronic readerboard signs as permitted pursuant to Section 153.170.080(D).
C. Inflatable/Balloon Signs.
D. Roof Signs.
E. Murals.
F. Can (Box) Signs.
G. Off-Site Signs (billboards), except as approved as a part of a Billboard Relocation Agreement pursuant to the terms of this Chapter or as provided for billboards or digital billboards permitted per in Section 153.170.105110.
H. Off-Site Signs. Off-site identification signs, except government, civic signs as provided in this subchapter.
I. Portable Signs, including A-frame, sandwich board signs, and vehicle-mounted signs.
J. Cross-visibility area. Any sign located within a required clear cross-visibility area.
K. Permission not granted. Signs erected without the permission of the owner of the property on which the sign is located.
L. Signs in the public right-of-way. Signs within or projecting over a public right-of-way.
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M. Imitation traffic signs. Signs which purport to be, are an imitation of, or resemble official traffic warning devices or signs, that by color, location or lighting may confuse or disorient vehicular or pedestrian traffic, impede the flow of traffic or create a traffic hazard, excluding authorized on-site directional sites.
N. Painted signs. Signs painted directly on an exterior wall, fence, fascia or parapet.
O. Signs attached to utility poles. Signs attached to utility poles, unless specifically approved by the utility company in writing.
P.Signs attached other features. Signs attached to trees, fences, bridges or light poles.
Q. Vehicle signs. Vehicle signs, where the primary purpose or use of the vehicle is the display of advertising material. This does not apply to signs maintained on vehicles when such advertising is incidental to the primary purpose for which the vehicle is being used.
R. Disrepair. Any sign that is in disrepair.
§ 153.170.060 – Temporary Signs
A Permitted Temporary Signs. In addition to exempt temporary signs pursuant to § 153.170.040(C), temporary signs may be permitted on the site of any business holding a grand opening or promoting a special product, sale, or event. The following types of temporary signs are permitted under such circumstances, provided they comply with the applicable standards provided in in subsection B below:
1.Banners not exceeding 50 square feet.
2.Pennants, with the area on which the pennants are located not to be permitted not permitted to exceed 15 percent of the square footage of the lot upon which they are located.
B. Standard for Temporary Signs: Such Temporary signs under subsection A above shall comply with the following standards:
1. Maximum number. A maximum of 1 temporary sign may be displayed for each non-residential property at any given time.
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2. Maximum duration. Each temporary sign may be displayed for a maximum of 30 consecutive days. Temporary signs may be displayed up to 4 nonconsecutive times within a 12-month period.
3. Location and attachment. Temporary signs shall be attached to the main building wall or fence and shall not extend above the roofline or height of the wall or fence on which they are located.
4. Balloons. Balloons shall not be used in conjunction with any temporary sign.
5. Attachment and illumination. Temporary signs shall not be freestanding or illuminated.
6. Safety and maintenance. Temporary signs shall be kept in a safe and presentable condition.
§ 153.170.070 – General Sign Standards
All signs, including exempt and temporary signs, located within all zones shall comply with the following regulations:
A. Sign Lettering and Numbering.
1.To facilitate emergency response by public safety personnel, the sign nearest to the public entrance of a business which utilizes any non-Roman alphabet letters, characters and/or symbols shall also contain a general description of the business and other entities occupying the building written in English. The English language portion of the sign shall be readable form the public right-of-way.
2.In all cases where a sign or other zoning permit is required by this chapter or other law, the applicant shall submit to the city a certification, issued under penalty of perjury under the laws of the State of California, containing an English language translation of all non-Roman alphabet letters, characters and symbols proposed to be displayed on the sign. An application for such permit shall not be deemed complete until the applicant has provided such certification.
B. Sign Lighting and Illumination.
1.Unless otherwise specified for exempt and temporary signs, signs may be non- illuminated or internally illuminated. If internally illuminated, illumination of individual letters and logos is preferred. The Approving Authority of the sign permit may authorize external illumination.
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3.All signs shall be arranged, operated, shielded and maintained to prevent any glare, reflection, nuisance, inconvenience or hazardous interference of any kind to abutting or adjacent properties, streets and walkways.
C. Sign Location.
No internally illuminated sign placed on any commercial or industrially zoned property shall be located within 50 feet of the lot line, if such line is shared with any residentially zoned lot, and if the sign face area is oriented toward the residentially zoned lot.
D. Sign Aesthetics.
1.All newly erected signs shall comply with the Sign Design Guidelines Manual.
2.All permanent signs located within any zone shall be compatible to the associated structure’s architecture and design features.
3.All permanent signs located on commercial and industrial structures shall be integrated within structure’s architecture.
§ 153.170.080 – Signs Regulations by Zone
Table 153.170.080 identifies the types of signs permitted by zone district and the development standards applicable to such signs. In addition to the requirements set forth in Table 153.170.080, the following criteria shall apply:
A. Freestanding Signs.
1. As indicated in Table 153.170.080, freestanding signs shall be permitted only in the FC, C-2 and I-C zones that have freeway frontage.
2. The base of all freestanding signs shall be landscaped at the time of sign installation such that the base is fully obscured by landscaping to a minimum height of 6 feet within 3 years of landscape installation. Such landscaping shall be maintained in a neat and healthy condition at all times.
B. Monument Signs.
Monument signs may be located in planter medians abutting a driveway or within the project driveway.
Table 153.170.080
Sign Regulations by Zone
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Zone Sign Type
Maximum
Number
Maximum
Sign Area
Maximum
Height Notes
Monument 1 24 sf 4 ftR-G and
R-3 Wall 1 36 sf 4 ft
Monument 1 per frontage 32 sf 6 ftC-1
MU-2 Wall 1 or more 50 sf 4 ft
Monument 1 per frontage 64 sf 12 ft In lieu of a monument sign, an Electronic
Readerboard Sign may be
permitted, subject to
approval of a Conditional
Use Permit and Design
Review, provided the sign
complies with the
provisions outlined in
§153.170.80.D.
Wall 1 or more 2 sf of sign area per
linear foot of primary
building frontage
6 ft
C-2,
F-C,
I-C,
MU-1
without
freeway
frontage
Secondary
Wall
1 or more 1 sf of sign area per
linear foot of primary
building frontage
4 ft
C-2,F-C,
I-C,
with
freeway
frontage
Freestanding 1 1 sf of sign area per 1
linear foot of street
frontage
80 ft 1. A maximum of 1
freestanding sign is
permitted for lots with less
than 800 linear feet of
street frontage. One
additional freestanding
sign is permitted for lots
with more than 800 linear
feet of street frontage. For
this purpose, a commercial
center is considered a
single lot.
2. Additional sign face
area for monument signs
may be granted in lieu of
use of freestanding signs,
per criteria established by
the Director of
Community Development.
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3. In lieu of a monument
sign, an Electronic
Readerboard Sign may be
permitted, subject to
approval of a Conditional
Use Permit and Design
Review, provided the sign
complies with the
provisions outlined in
§153.170.80.D
Monument 1 40 sf 8 ft In lieu of a monument
sign, an Electronic
Readerboard Sign may be
permitted, subject to
approval of a Conditional
Use Permit and Design
Review, provided the sign
complies with the
provisions outlined in
§153.170.80.D
I
Wall 1 or more 1 sf of sign area for
each linear foot of
primary building
frontage
6 ft
C. Wall Signs.
1.A maximum of 3 wall signs shall be permitted for each wall of a commercial unit that contains a main entrance or is adjacent to a street.
2.A maximum of 1 wall sign shall be permitted for each wall of a commercial unit that does not contain a main entrance.
3.Wall signs shall not project more than 18 inches from the building wall.
4. Sign height shall be measured from the bottom to the top of the sign.
D. Electronic Readerboard Sign.
1. Sign Defined. An Electronic Readerboard Sign is a sign that incorporates changeable messages which may be changed by remote or automatic means.
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2. Applicability and Review. Electronic Readerboard Signs are allowed, subject to approval of a Conditional Use Permit and Design Review, for businesses with a minimum of three (3) acres (for the overall business), within the C-2, F- C, I-C and I Zones and along a designated truck route. This sign type may be installed in lieu of, but not in addition to, freestanding and/or monument signage permitted on-site.
a. Design review shall include review of the following sign elements: sign style, sign height, sign size, number of other signs on the site, sign placement and sign materials, subject to the criteria established in this subsection.
3. Orientation. Signs shall not face residentially zoned properties or residential uses, schools, hospitals, convalescent hospitals and other sensitive land uses as deemed appropriate through the Conditional Use Permit process.
4. Message Duration. Messages shall remain static for a minimum of eight (8) seconds. Message changes shall occur within a timespan of no more than one (1) second.
5. Activity. Messages on the Electronic Readerboard Sign shall rotate only during normal business hours or as deemed appropriate though the Conditional Use Permit process.
6. Contrast. Electronic Readerboard Signs shall be adjusted to maintain contrast between the sign face and surrounding areas, subject to review and approval through the Conditional Use permit Process.
7. Illumination. The following provisions apply to the illumination of Electronic Readerboard Signs:
a. Automatic dimming controls shall be installed, either by photocell (hardwire) or via software settings, in order to bring the lighting level down to avoid spillover and light trespass onto abutting or adjacent properties and to avoid glare at any time of the day.
b. Electronic Readerboard Signs shall be adjusted to minimize the degree of brightness and glare. Lighting levels should be sensitive to the environment and react with natural light sources, subject to review and approval through the conditional use permit process.
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§ 153.170.090 – Sign Regulations for Specific Land Uses or Sign Types In addition to other standards set forth in this subchapter, the following land uses are subject to the following regulations:
A. Service Stations.
1.Each service station may maintain a maximum of 4 canopy signs, each having no more than 50 square feet of sign face area.
2.Each service station may maintain 1 permanently installed sign not to exceed 40 square feet in area.
3.Each service station may maintain a maximum of 2 permanently installed or portable price signs not exceed 20 square feet in area.
B. Automobile Dealerships.
1.Each automobile dealership may display banners and pennants with a total area not to exceed 15 percent of the square footage of the lot upon which they are located.
2.Each automobile dealership may display a maximum of 20 banners attached to freestanding light standards. Each banner shall not exceed 50 square feet of area.
3.Each automobile dealership may display one pennant for every 2,500 square feet of lot area, up to a maximum of 12 such pennants. Each pennant shall not exceed 20 square feet in area.
C. Electronic Readerboard Signs.
Sign Defined. An Electronic Readerboard Sign is a sign that incorporates changeable messages which may be changed by electronic processes or by remote control.
Applicability and Review. Electronic Readerboard Signs are allowed, subject to approval of a Conditional Use Permit and Design Review, for businesses with a minimum of three (3) acres (for the overall business), within the C-2, F-C, I-C and I Zones and along a designated truck route. This sign type may be installed in lieu of, but not in addition to, freestanding and/or monument signage permitted on-site.
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Design review shall include review of the following sign elements: sign style, sign height, sign size, number of other signs on the site, sign placement and sign materials, subject to the criteria established in this subsection.
Orientation. Signs shall not face residentially zoned properties or residential uses, schools, hospitals, convalescent hospitals and other sensitive land uses as deemed appropriate through the Conditional Use Permit process.
Message Duration. Messages shall remain static for a minimum of eight (8) seconds. Message changes shall occur within a minimum of two (2) seconds and a maximum of five (5) seconds.
Activity. Messages on the Electronic Readerboard Sign shall rotate only during normal business hours or as deemed appropriate though the Conditional Use Permit process.
Contrast. Electronic Readerboard Signs shall be adjusted to maintain contrast between the sign face and surrounding areas, subject to review and approval through the Conditional Use Permit process.
Illumination. The following provisions apply to the illumination of Electronic Readerboard Signs:
Automatic dimming controls shall be installed, either by photocell (hardwire) or via software settings, in order to bring the lighting level down to avoid spillover and light trespass onto abutting or adjacent properties and to avoid glare at any time of the day.
Electronic Readerboard Signs shall be adjusted to minimize the degree of brightness and glare. Lighting levels should be sensitive to the environment and react with natural light sources, subject to review and approval through the Conditional Use Permit process.
Sign illumination during nighttime hours may not exceed a maximum luminance level of 750 cd/m2. or nits, regardless of the method of illumination.
Electronic Readerboard Signs with external illumination, whether the lighting is mounted above or below the sign face or panel, shall fully shield all lighting fixtures or luminaries. § 153.170.100 – Sign Construction and Maintenance
A. Compliance with codes and development standards. All signs shall comply with the appropriate provisions of the State Building Code, as adopted by the city, relative to design, construction, structural integrity, connections and safety. Signs shall also comply with the provisions of the applicable electrical code and the development standards.
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B. Maintenance. All signs shall be maintained in a good structural condition at all times and be kept neatly painted, including all metal parts and supports that are not made of a rust resistant material. Any crack, broken surface, malfunction, missing sign copy or other damaged portion shall be repaired or replaced.
§ 153.170.105 110 New Static or Digital Billboard Construction Notwithstanding any other provision of this code, a Static Billboard or Digital Billboard (as defined below) may be installed with copy visible from within any Interstate Freeway Corridor (as defined below), subject to all the following:
(a) Digital Billboard shall mean any off-site Advertising Display (a Static Billboard), as defined in the California Business and Professions Code (BPC) § 5202, that uses state- of-the-art digital technology,
(b) Interstate Freeway Corridor means the area comprised of any Interstate Highway (as defined in BPC § 5215) and within 200 feet from the edge of the right-of-way (as defined BPC § 5222) and within a commercial or industrial zoned property. (c) Each Advertising Structure (as defined in BPC § 5203), whether a Static Billboard or an Advertising Display that is used to support a Digital Billboard shall be placed within an Interstate Freeway Corridor,
(d) The Static Billboard or the Digital Billboard owner must:
1) Receive Caltrans’ approvals, as necessary and
2) Execute an agreement with the City by which each billboard owner agrees to (i) indemnify, defend and hold harmless the City from any and all claims, lawsuits, awards and judgements, including any reasonable attorney’s fees and court costs, that may arise from the approval of a Static Billboard or a Digital Billboard and associated Advertising Structrue and removal of an applicable Advertising Structure that may or may not be required to be removed, in consideration for any one or more negotiated benefits, including but not limited to such items as new park signs, landscaping, sign removals, or development fees, pursuant to this section or to any other provision of this code, subject to the terms of that agreement and (ii) comply with any and all required mitigation measures, conditions of approval and all applicable provisions of this section and this code,
(e) The property owner upon which a Static Billboard or a Digital Billboard is to be erected executes an agreement with the City by which that owner consents to the CITY OF BALDWIN PARK – CHAPTER 153: ZONING CODE
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City’s entry onto his/her/its property to remove that Static Billboard or a Digital Billboard and associated Advertising Structure, as permitted in the agreement between the billboard owner and the City, and by which that property owner releases and indemnifies the City from liability for that permitted removal, (f) The new Advertising Structure cannot be used to support more than two (2) Digital Billboards with each one facing in different directions, (g) The entire portion of an Advertising Structure that comprises the active display face of a Static Billboard or Digital Billboard shall not be more than forty-eight feet (48’) in width, fourteen feet (14’) in height nor six hundred and seventy-two (672) square feet in area; provided, that, in addition, an apron for a Static Billboard or Digital Billboard can extend up to a maximum of approximately thirty-six inches (36”) below that Digital Billboard face or 5.5 foot top extensions or 2 foot side extensions, (h) The overall height of the Advertising Structure that is a Static Billboard or that includes a Digital Billboard, and excluding extensions, shall not be more than sixty- five (65’) feet, as measured from the highest point of the main road or Interstate Highway from which the advertising is to be viewed,
(i) The distance between two Static Billboards or between a Static Billboard and Digital Billboard shall be at least five-hundred feet (500’). The distance between two Digital Billboards shall be at least one-thousand feet (1,000’). The distance requirements shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans) and as defined in BPC § 5222 (j) A Digital Billboard shall not operate at brightness levels of more than 0.3 foot candles above ambient light, as measured using a foot candle meter at a pre-set distance of two-hundred and fifty feet (250’) perpendicular to the display face of the Digital Billboard. Each Digital Billboard shall have a light sensing device that will automatically adjust the brightness of the Digital Billboard to meet that foot candle requirement, as ambient light conditions change,
(k) Only if the City agreement requires the removal of existing advertising structures, then if four or less Advertising Structures are being replaced by new Advertising Structures with Digital Billboards, then at least eight (8) additional display faces and the Advertising Structures supporting the eight (8) additional display faces must be permanently removed from the City by the Digital Billboard owner receiving the approval and the removal of all the display faces and their respective Advertising Structures to be removed shall be completed prior to construction by that owner of any Advertising Structure, including a Digital Billboard, CITY OF BALDWIN PARK – CHAPTER 153: ZONING CODE
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(l) Only if the City agreement requires the removal of existing advertising structures, then if five or more Advertising Structures are being replaced by new Advertising Structures with Digital Billboards, then for each new Advertising Structures, above four (4) new Advertising Structures, at least two (2) additional display faces must be permanently removed from the City by the Digital Billboard owner receiving the approval and the removal of all the display faces and their respective Advertising Structures to be removed shall be completed prior to construction by that owner of any Advertising Structure including a Digital Billboard. (m)A Digital Billboard shall only display a series of still images and each still image must be displayed for a minimum of four consecutive seconds. No still image shall have animation, movement, or the appearance of an optical illusion of movement of any part of the Advertising Structure and each still image shall not include flashing, scintillating lighting or the varying of light intensity or any other means of not providing constant illumination. Transition time between one still image and the immediate next still image shall not exceed one second and (n) (i) If a Digital Billboard installed pursuant to this section must be removed due to a final court order or judicially approved settlement resulting from a legal action brought by a third party, who is not related to the owner or operator of that Digital Billboard (the “Owner/Operator”), (ii) that Digital Billboard replaced a non-Digital Billboard (the “Replaced Non-Digital Billboard”) and (iii) the Replaced Non-Digital Billboard was the subject of a previous formal written agreement with the City, then the Owner/Operator shall be permitted to reinstall a new state-of-the-art non-Digital Billboard (the “Replacement Non-Digital Billboard”) on the same Advertising Structure used to support that Digital Billboard; provided, that the reinstallation of the Replacement Non-Digital Billboard must occur before the date the previous formal agreement would have terminated (the “Previous Termination Date”), the Replacement Non-Digital Billboard and supporting Advertising Structure must be removed on or before the Previous Termination Date and the Replacement Non- Digital Billboard must comply with all the applicable criteria for Digital Billboards, as set forth in in this section and the agreement referred to in (D)(2), above. (o)The following sections do not apply to signs approved per this Section 153.170.105:
Sections 153.050.030, 153.170.080(D)
§ 153.170.106 120 Billboard Relocation Agreements
Billboards are recognized as a legitimate form of commercial advertising in the City.
However, the size, number, location and illumination of billboards can have significant influence on the City's visual character, and can, without appropriate control, create or contribute to visual blight conditions. The purpose of this section is to provide the CITY OF BALDWIN PARK – CHAPTER 153: ZONING CODE
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parameters under which existing billboards may be relocated and reconstructed subject to reasonable controls, while recognizing that community appearance is an important factor in ensuring the general community welfare. Nothing herein shall affect the right of any billboard in existence as of the date that this section becomes effective to continue to exist pursuant to an agreement or as a legal nonconforming use to be maintained pursuant to such agreement or in conformance with this chapter.
A. General Requirements.
1. The requirements of this section shall apply to any off-site sign (Billboard) project involving the installation or construction of relocated billboard, or the expansion, modification, or digitization of an existing billboard, or the addition of additional face(s) to an existing billboard within the City.
Relocated Billboards shall be permitted in the City only after an Agreement has been negotiated and executed between the billboard operator/owner and City and a permit has been issued in accordance with the terms of this section.
The Agreement may include compensation to be paid to the city or the provision of other public benefits to be provided as a result of the relocation, installation and operation of any billboard or modification of an existing billboard within the City. All relocated billboards constructed shall comply with this chapter and all applicable requirement of the California Business & Professions Code and the California Code of Regulations.
2. An owner or entity proposing an agreement for relocation shall establish that the relocated billboard meets one or more of the following eligibility requirements:
a. The billboard proposed for complete demolition and relocation is the subject of any eminent domain action or threat of eminent domain action by a legally created public entity possessing eminent domain/condemnation authority and provides public benefits for such relocation ; or
b. The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location so as not to conflict with the proposed development or redevelopment of the property and provides public benefits for such relocation as negotiated in the agreement; or
c. The applicant chooses to completely demolish and relocate an existing billboard, including a legal nonconforming billboard, to a more suitable location within the City that lessens the overall negative aesthetic impacts on the City and its residents and provides public benefits for such relocation; or
d. The applicant has previously removed and completely demolished one or more billboards and maintains credits for such removal by the California Department of Transportation pursuant to California CITY OF BALDWIN PARK – CHAPTER 153: ZONING CODE
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Business & Professions Code, Section 5443.5 and such relocation benefits the City; or
e. The applicant proposes to enhance, improve and modify an existing billboard already established within the City for the purpose of modernizing and improving the aesthetic appearance of such billboard.
3. In the event of any conflict between any provision contained in this section and any other provisions contained elsewhere in this code, the provisions of this section shall govern.
4. No billboard shall be approved and no existing billboard shall be modified without the applicant first providing proof of legal or equitable interest in the site proposed for relocation or modification, including, but not limited to a lease, easement or other entitlement, demonstrating the right to install and operate the billboard on the subject property for the term desired.
Information to be provided shall including the written consent of the property owner if not readily ascertainable from the foregoing documents.
5. All billboard agreements shall include requirements that applicants obtain all additional federal and/or state permits for installation. Nothing contained in this section shall require the City to negotiate and/or approve an Agreement on terms that are unacceptable to the City Council.
B. Physical Requirements.
1. The minimum distance between two or more billboards shall be the same as the minimum distance and separation criteria established by the California Department of Transportation (Caltrans). All distances shall be measured from the vertical centerline of each billboard face.
2. All utilities for each billboard shall be underground.
3. No billboard shall have more than one face (display surface) oriented in the same vertical plane. Additional display face may be added if used for on- premise advertising only in accordance with approved site plan
4. All billboards shall plainly display, and be visible from no less than 100 feet, the name of the person or company owning or maintaining it and the billboard identification number.
5. All billboards shall be placed at least 100 feet from any single-family residential zone or single-family residential use. The measurement shall be from the closest edge of the billboard to the closest edge of the single-family residential zone or closest property line on which a single family residential use is located.
C. Application requirements; Review procedures.
1. Application requirements. In addition to the application requirements for sign permits required by this code, a person or entity wishing to enter into a CITY OF BALDWIN PARK – CHAPTER 153: ZONING CODE
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billboard relocation agreement shall submit a request in writing for approval of an Agreement that includes the following:
a. The name, address phone number and other contact information of the person or entity proposing the Agreement.
b. Identification of the location proposed for a new or relocated or modified billboard and the billboard(s) being permanently removed or modified, where applicable;
c. Information that establishes that the person or entity proposing the Agreement has legal or equitable interest in the billboard being removed or modified and the site proposed for relocation or placement. d. Conceptual design drawings for the billboards that includes technical specifications to determine the billboard’s compliance with this chapter.
e. An explanation of the compensation to be paid or public benefits to be provided to the City.
f. The application must include photos of all existing signage or architectural renderings and elevations of proposed billboards as well as a scaled plot plan and elevations showing the locations of all existing structures and improvements on the property, and the proposed billboard.
2. The applicant must pay a filing fee in accordance with an approved resolution.
This fee shall be in addition to any other required fees for permits relative to the development of the property and shall be for the purpose of defraying the costs associated with city review and action on the application.”
3. Review Process. All Agreements shall be reviewed by the Planning Commission at a duly notice public hearing. The public hearing shall be noticed in the same way that conditional use permits and variances are noticed pursuant to this chapter. The Planning Commission shall review the Agreement and, after a duly noticed public hearing, make a recommendation to City Council, based on current development standards, the location of the proposed relocated or modified billboard and whether the proposed relocated or modified billboard meets the findings contained in this section.
At a City Council meeting held no later than forty-five (45) days after the Planning Commission makes its recommendation, the City Council shall review and consider the Agreement, at a duly noticed public hearing. The hearing before the City Council shall be noticed the same as any conditional use permit and may be continued from time to time. In order to approve a request for an Agreement, the City Council shall make the following findings for approval of an Agreement:
a. The proposed agreement is consistent with the goals, objectives, purposes and provisions of the General Plan, the Municipal Code and any applicable specific plans; CITY OF BALDWIN PARK – CHAPTER 153: ZONING CODE
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b. The proposed agreement would promote installation of a billboard that is compatible with the uses and structures on the site and in the surrounding area, considering the scale and materials of adjacent buildings, the desired character of the neighborhood, district, or corridor where the billboard is located, and pedestrian orientation.; c. The proposed agreement authorizes the installation of a billboard that would not create a traffic or safety problem, including problems associated with onsite access circulation or visibility;
d. The proposed agreement for installation would not interfere with onsite parking or landscaping required by City ordinance or permit; and
e. The proposed agreement does not promote construction of a billboard that would not otherwise result in a threat to the general health, safety and welfare of City residents. f. The proposed billboard, in addition to its aesthetic treatment, provides public benefits that would not otherwise accrue to the public in the absence of its installation.”
§ 153.170.107 130 Comprehensive Sign Programs
A. Purpose. The purpose of a comprehensive sign program is to integrate all of a nonresidential or mixed use project’s signs with the overall site design and the structures’ design into a unified architectural statement. A Comprehensive sign program provides a means for the flexible application of sign regulations in order to provide incentive and latitude in the design and display of multiple signs and to achieve, not circumvent, the purpose of this subchapter. Approval of a comprehensive sign program may modify the standards provided in this subchapter as to the sign number, size, height, illumination, location, orientation, or other aspects or signs within the limits of this section.
B. Applicability. The approval of a comprehensive sign program shall be required whenever any of the following circumstances exist:
1. Whenever the floor areas is in excess of 25,000 square feet;
2. Whenever five or more separate commercial or industrial tenant spaces are present on the same site;
3. Whenever the City Planner determines that a comprehensive sign program is needed because of special project characteristics (e.g., the size of the proposed signs, limited site visibility, the location of the site relative to other lots, buildings, or streets, etc.).
C. Approval Authority and Limitation. The Planning Commission shall be the review authority for a comprehensive sign program.
CITY OF BALDWIN PARK – CHAPTER 153: ZONING CODE
Sign Regulations 153.170
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D. Application Requirements. A sign program application for a comprehensive sign program shall include all information and materials required by the Planning Division for a Sign Program Review including a filing fee. Said fee shall be established by resolution of the City. The applicant shall still be required to obtain applicable sign permits and pay the related fee.
E. Standards. A comprehensive sign program shall comply with the following standards:
1. The prosed sign program shall comply with the purpose and intent of this subchapter;
2. The proposed signs shall enhance the overall development, be in harmony with, and relate visually to other signs included in the comprehensive sign program, to the structures and/or developments they identity, and to surrounding development when applicable;
3. They sign program shall address all signs, including permanent, temporary, and exempt signs;
4. The sign program shall accommodate future revisions that may be required because of changes in use or commercial tenants;
5. The sign program shall comply with the standards of the subchapter 153.170, except that deviations are allowed with regard to sign area, total number, location, and/or height of signs to the extent that the comprehensive sign program will enhance the overall development and will more fully accomplish the purposes and intent of this subchapter;
6. Approval of a comprehensive sign program shall not authorize the use of signs prohibited by this subchapter; and
7. Review and approval of a comprehensive sign program shall not consider the signs’ proposed message content.
F. Findings. In order to approve a comprehensive sign program the following findings shall be made:
1. The comprehensive sign program complies with the purpose of this subchapter, and the Baldwin Park Design Guidelines;
CITY OF BALDWIN PARK – CHAPTER 153: ZONING CODE
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2. Proposed signs enhance the overall development and are in harmony with other signs included in the plan with the structures they identity and with surrounding development;
3. The comprehensive sign program contains provisions to accommodate future revisions that may be required because of changes in use or tenants; and
4. The comprehensive sign program complies with the standards of this subchapter, except that flexibility is allowed with regard to sign area, number, location, and/or height to the extent that the signs proposed under the comprehensive sign program will enhance the overall development, achieve superior quality design, and will more fully accomplish the purposes of this subchapter.
G. Revisions to Comprehensive Sign Programs. The Community Development Director may approve revisions to the comprehensive sign program if the intent of the original approval is not affected. Revisions that would substantially deviate from the original approval shall require the approval of a new/revised comprehensive sign program by the Planning Commission.
§ 153.170.110 140 – Other Applicable Regulations
In addition to the requirements contained this subchapter, regulations contained of this chapter may apply to signage in the following subchapters:
§ 153.210.090 – General Application Processing Procedures A. Application reviewed for completeness. All applications filed with the Planning Division shall be initially reviewed for application completeness. The City Planner shall determine whether or not the application is complete and shall notify the applicant in writing of the determination that:
a. All the submittal requirements have been satisfied and that the application has been accepted as complete; or
b. Specific information is still necessary to complete the application. For administrative permits and actions, and for sign permits, the applicant shall be notified within seven days and for all other permits and actions, the applicant shall be notified within 30 days.
§ 153.210.265 – Time for Determination
A. Temporary Signs
CITY OF BALDWIN PARK – CHAPTER 153: ZONING CODE
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Permit applications for temporary signs shall be determined within 21 days of application submission unless the City Planner designates the application as one of extraordinary complexity or difficulty, in which case notification of such designation shall be mailed to the applicant within 14 days of application submission. All applications shall be determined within 42 days of application submission. Notice of any determination shall be mailed within two business days after the determination is made (excluding Fridays when City offices are closed).
B. Permanent Signs
Permit applications for permanent signs shall be determined within 63 days unless the City Planer designates the application as one of extraordinary complexity or difficulty, in which case notification of such designation shall be mailed to the applicant within 356 days of application submission. All applications shall be determined within 91 days of application submission.
Notice of any determination shall be mailed within two business days after the determination is made (excluding Fridays when City offices are closed).
C. Mixed Applications
Applications seeking a permit for both temporary and permanent signs will be treated as applications for permanent sign permits; but he City Planner shall have discretion to make a partial determination as to the portion of an application concerning temporary signs at any time before a final determination is made for the whole application.
ORDINANCE NO. 1405
AN ORDINANCE OF CITY COUNCIL OF THE CITY OF BALDWIN
PARK ADDING SECTION 153. 170. 090. C, AMENDING TABLE
153. 170. 080 AND AMENDING THE TITLE OF SUBSECTION
153. 170. 090 RELATING TO ELECTRONIC READERBOARD
SIGNS.
WHEREAS, signs located within the City can provide a reliable means of advertising for a business, they also can be detrimental to the safety, aesthetics and general welfare of the community without development standards;
WHERAS, larger businesses with three ( 3) or more acres, along major thoroughfares would desire alternatives to standard static signs to promote their business within the City of Baldwin Park; and
WHEREAS, the overall intent of proposed amendments is to provide additional support for existing and newly established businesses and larger businesses and not circumvent, the intent subchapter 153. 170 relating to urban design, vehicular and pedestrian safety, visual quality, and communication.
NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows:
SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and generalwelfare of the City of Baldwin Park, its residents, property owners, businesses and visitors can be enhanced by amending the Baldwin Park Municipal Code ( BPMC) to allow electronic readerboard signs with development standards it is in the best interest of the community to amend the BPMC accordingly.
SECTION 2. Based on the foregoing findings and determinations, the title of subsection 153. 170. 090 of the BPMC is amended to read as follows:
153. 170. 090 — Sign Regulations for Specific Land Uses or Sign Types In addition to other standards set forth in this subchapter, the following land uses or sign types are subject to the following regulations
SECTION 3. Based on the foregoing findings and determinations, the BPMC is amended to add Section 153. 170. 090. C, to read as follows:
C. Electronic Readerboard Signs.
1. Sign Defined. An Electronic Readerboard Sign is a sign that incorporates changeable messages which may be changed by electronic processes or by remote control.
Ordinance 1405- Page 2
2. Applicability and Review. Electronic Readerboard Signs are allowed, subject to approval of a Conditional Use Permit and Design Review, for businesses with a minimum of three ( 3) acres ( for the overall business), within the C-2, F-C, I-C and I Zones and along a designated truck route. This sign type may be installed in lieu of, but not in addition to, freestanding and/ or monument signage permitted on- site.
a. Design review shall include review of the following sign elements: sign style, sign height, sign size, number of other signs on the site, sign placement and sign materials, subject to the criteria established in this subsection.
3. Orientation. Signs shall not face residentially zoned properties or residential uses, schools, hospitals, convalescent hospitals and other sensitive land uses as deemed appropriate through the conditional use permit process.
4. Message Duration. Messages shall remain static for a minimum of eight ( 8) seconds. Message changes shall occur within a minimum of two ( 2) seconds and a maximum of five ( 5) seconds.
5. Activity. Messages on the Electronic Readerboard Sign shall rotate only during normal business hours or as deemed appropriate through the conditional use permit process.
6. Contrast. Electronic Readerboard Signs shall be adjusted to maintain contrastbetweenthe signface and surroundingareas, subjectto reviewand approval through the conditional use permit process.
7. Illumination. The followingprovisionsapply to the illuminationof Electronic Readerboard Signs:
a. Automatic dimming controls shall be installed, either by photocell hardwired) or via software settings, in order to bring the lighting level down to avoid spillover and light trespass onto abutting or adjacent properties and to avoid glare at any time of the day.
b. Electronic Readerboard Signs shall be adjusted to minimize the degree of brightness and glare. Lighting levels should be sensitive to the environment and react with natural light sources, subject to review and approval through the conditional use permit process.
c. Signilluminationduringnighttimehoursmaynotexceeda maximum luminance level of 750 cd/
m2
or Nits, regardless of the method of
illumination.
d. Electronic Readerboard Signs with external illumination, whether the lighting is mountedabove or belowthe sign face or panel, shall fully shield all lighting fixtures or luminaries.
Ordinance 1405- Page 3
SECTION 4. Based on the foregoing findings and determinations, the BPMC, Table 153. 070. 080 is amended to read as follows:
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7 R- G and Monument 1 24 sf 4 ft
R- 3 Wall 1 36 sf 4 ft
Monument 1 per frontage 32 sf 6 ft
C- 1,
MU- 2 Wall 1 or more 50 sf 4 ft
Monument 1 per frontage 64 sf 12 ft Inl lieu of a monument sign, an C- 2, Electronic Readerboard Sign
MU- 1 may be permitted, subject to
F- C, approval of a Conditional Use
I- C, Permit and Design Review,
without provided the sign complies with
freeway the provisions outlined in
frontage 153. 170. 90. C.
Wall 1 or more 2 sf of sign area per 6 ft
linear foot of primary
building frontage
Secondary 1 or more 1 sf of sign area per 4 ft
Wall linear foot of primary
building frontage
Ordinance 1405- Page 4
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Freestanding 1 1 sf of sign area per 1 80 ft 1. A maximum of. 1 linear foot of street freestanding sign is permitted
frontage for lots with less than 800
linear feet of street frontage.
One additional freestanding
sign is permitted for lots with
more than 800 linear feet of
street frontage. For this
C- 2, F- purpose, a commercial center
C, I- C, is considered a single lot.
with
freeway 2. Additional sign face area for
frontage monument signs may be
granted in lieu of use of
freestanding signs, per criteria
establishedby the Director of
Community Development.
3. In lieu of a freestanding sign,
an Electronic Readerboard Sign
maybepermitted,subjectto
approval of a Conditional Use
Permit and Design Review,
provided the sign complies with
the provisions outlined in
153. 170. 90. C.
Monument 1 40 sf 20 ft In lieu of a monument sign, an
Electronic Readerboard Sign
maybepermitted,subjectto
approval of a Conditional Use
Permit and Design Review,
provided the sign complies with
the provisions outlined in
153. 170. 90. C.
Wall 1 or more 1 sf of sign area for 6 ft
each linear foot of
primary building
frontage
Ordinance 1405- Page 5
SECTION 5. This ordinance shall go into affect and be in full force and operation from and after thirty (30) days after its final reading and ad Option.
PASSED AND APPROVED ON THE + day of March, 20
I'
MANUEL LOZANO, MAYOR
ATTEST:
ALEJANDRA AVILA,
CITY CLERK
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES ) ss:
CITY OF BALDWIN PARK
I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoingOrdinancewas regularlyintroducedand placedupon its first readingat a regular meeting of the City Council on March 7, 2018. Thereafter, said Ordinance No. 1405 was duly approvedand adoptedat a regularmeetingof the City Councilon March21 2018 by the following vote:
AYES: COUNCILMEMBER: Baca, Garcia, Lozano, Pacheco, Rubio NOES: COUNCILMEMBER: None.
ABSENT: COUNCILMEMBER: None.
ABSTAIN: COUNCILMEMBER: None.
ALEJANDRA A ,
CITY CLERK
STAFF REPORT
ITEM NO. ____18____