TO: Honorable Mayor and Members of the City Council
FROM: Robert Lopez, Chief of Police
DATE: November 6, 2024
SUBJECT: Introduction of Ordinance No. 1511 of the City Council of the City of Baldwin Park, California, Amending the Municipal Code Regarding the Regulation of the Use of Wheeled Devices on Public and Private Property; Amendments, Chapter 130 of Title XIII, Adding Section 130.80 Titled "Wheeled Devices"
SUMMARY
The purpose of this staff report is to introduce for first reading Ordinance No. 1511 to amend the City of Baldwin Park Municipal Code regarding the use of "Wheeled Devices," such as skateboards and bicycles, on public and private property.
RECOMMENDATION
It is recommended that the City Council waive further reading, read by title, and introduce the following:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA,
AMENDING THE MUNICIPAL CODE REGARDING THE REGULATION OF THE USE OF WHEELED DEVICES ON PUBLIC AND PRIVATE PROPERTY; AMENDMENTS, CHAPTER 130 OF TITLE XIII, ADDING SECTION 130.80 TITLED "WHEELED DEVICES"
FISCAL IMPACT
There is no fiscal impact from the adoption of the proposed Ordinance.
BACKGROUND
The City of Baldwin Park has experienced an increase in the unsafe operation of various wheeled devices, including bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorize d boards, and roller skates on C ity property. This has raised significant concerns about public safety and potential liability for the City. Currently, the City lacks a specific ordinance to restrict this activity, which limits the ability to enforce safety measures and post appropriate signage.
Additionally, private businesses within the City have expressed concerns about similar issues on their properties.
The proposed O rdinance comprehensively address es these concerns, providing a legal framework for the City and private property owners to manage wheeled devices effectively. Specifically, the Ordinance allows the Chief Executive Manager to establish an application process for private property to be designated as a “No Wheeled Device” zone upon request of a property owner.
DISCUSSION
The primary purpose of this Ordinance is to address the growing concern about the unsafe operation of wheeled devices on City property and to mitigate associated liability risks for the City of Bald win Park. By enacting this Ordinance, the City will have the necessary authority to post restrictive signage and enforce safety measures on
City and public property. The Ordinance will also permit property owners to apply for the same restriction on wheeled devices upo n approval by the City Council. This Ordinance does not set or establish fees for the designation of private property as a “No Wheeled Device” area, such fees must be set by the City Council through a separate resolution.
Key provisions of the ordinance include:
1. Establishes the definition of "Wheeled Devices" to include bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates, as specifically listed in Vehicle Code section 21113.
2. Grants the City Council, authority to prohibit, limit, or restrict wheeled devices on City and private property by resolution.
3. Requires the posting of signage indicating restrictions on wheeled devices.
4. Provides a mechanism for private property owners to apply for similar regulatory powers on their properties.
5. Authorizes the Chief Executive Officer to establish an application process for private property designation and to suspend enforcement of prohibition for special events.
6. Establishes exemptions for wheeled devices used primarily for transporting infants, individuals with disabilities, or merchandise.
7. Specifies that violations will be subject to penalties as per § 130.99 of the Municipal Code.
Implementation will involve assessing priority areas for signage, developing a process for private property owners to apply for regulatory authority, and initiating public education efforts to inform residents and visitors about the new regulations.
ALTERNATIVES
1. Approve the introduction and first reading of the ordinance as presented.
2. Approve the introduction and first reading of the ordinance with modifications.
3. Do not approve the ordinance and provide staff with further direction.
LEGAL REVIEW
The proposed ordinance has been reviewed and approved as to form by the City Attorney.
ATTACHMENTS
1. Proposed Ordinance No. 1511
Ordinance No. 1511
ORDINANCE NO. 1511
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BALDWIN PARK , CALIFORNIA, ADDING SECTION 130.80
TITLED “WHEELED DEVICES”, TO CHAPTER 130, TITLE XIII OF
THE BALDWIN PARK MUNICIPAL CODE TO PROHIBIT USE OF
WHEELED DEVICES IN CERTAIN DESIGNATED AREAS
WHEREAS, the City of Baldwin Park, California (“City”) is a municipal corporation, duly organized under the constitution and laws of the State of California; and
WHEREAS, California Vehicle Code section 21113 authorizes cities to regulate the use of wheeled devices , including but not limited to bicycles, motorized bicycles, electric bicycles, skateboards, electrically motor ized boards, and roller skates on public property; and
WHEREAS, the City wishes to regulate the use of wheeled devices, to protect the safety and welfare of its residents, and the general public.
NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Incorporation of Recitals. The recitals set forth above are true and correct and are incorporated into this Ordinance.
SECTION 2. The City Council hereby adds Section 130.80 titled “Wheeled Devices” to Chapter 130 of Title XIII of the Baldwin Park Municipal Code to read as follows:
§130.80 WHEELED DEVICES
Statutory reference: Cal. Vehicle Code section 21113.
(A) Definitions
For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
Public Property. Means any property owned or maintained by the city, any public agency within the geographical boundaries of the city, including any public square, street, sidewalk, parking garage, park, or highway.
Private Property. Means any property held by private interests that is used primarily for business, commercial, residential, office space, business park, religious, multifamily, or recreational purposes. This shall also include the parking facilities for these "private property" areas.
Wheeled Devices. Includes bicycles, motorized bicycles, electric bicycles, skateboards, electrically motorized boards, and roller skates, and any other wheeled device specifically listed in Vehicle Code section 21113.
Ordinance No. 1511
(B) Regulation of Wheeled Devices on Public Property The City Council may by resolution prohibit the use of Wheeled Devices on Public Property when it is determined to be necessary to protect the health, safety, and welfare of pedestrians, motorists or persons operating said Wheeled Devices on said Public Property. The City Council shall designate such area and the times when such activity would be prohibited and order the posting of appropriate signage in accordance with §§ 130.80(D).
(C) Regulation of Wheeled Devices on Private Property
(1) The City Council may, by resolution, designate any private property as a "No Wheeled Device Area" upon written application of the owner of the property. The City Council shall designate such area and the times when such activity would be prohibited and order the posting of appropriate signage in accordance with §§ 130.80(D).
(2) The City Council may, by resolution, establish fees for the receipt and processing of applications under this Section. The Chief Executive Officer, or his or her designee, shall have the authority to establish an application process for property owners seeking to designate private property as a “No Wheeled Device Area.”
(D) Signage
(1) Where the posting of a sign designating an area as a "No Wheeled Devices" is required by this Section, the sign shall provide any applicable time restrictions and language that provides substantially as follows:
"The use of bicycles, electric bicycles, skateboards, roller skates, or similar activity is prohibited by Baldwin Park Municipal Code § 130.80. Violators may be subject to fines as provided by law.”
(2) All signs posted pursuant to this Section shall be not less than seventeen by twenty- one (17 × 21) inches in size with lettering not less than one (1) inch in height.
(3) Such prohibition shall apply to the property or area so designated once the property or area has been posted with signs in plain view at all vehicular entrances to the property or area. It shall be the responsibility of the property owner to post all required signs.
(E) Grant of Approval for Use of Wheeled Devices
The Chief Executive Officer, or his or her designee, may temporarily suspend the enforcement provisions of this Section to accommodate special events upon application by the event organizer. In granting such approval, the Chief Executive Officer, or his or her designee, may impose such conditions, restrictions and requirements as deemed necessary or desirable in order to protect the public interest and promote the general welfare. The Chief Executive Officer, or his or her designee, shall have the authority to establish an application process for the temporary suspension of the enforcement provisions of this Section.
Ordinance No. 1511
(F) Violations:
Notwithstanding any other provision of this code, a violation of this section shall be deemed to be an infraction, which is punishable as provided in § 10.99 of this code.
(G) Exemption:
This Section shall not apply to any of the following:
(1) The use of human or motor-propelled devices by any person who is disabled or handicapped, or whose ability to walk is impaired.
(2) Any device designated, intended and used solely for the transportation of infants.
(3) The transportation of goods or merchandise to and from the place of purchase or storage.
SECTION 3. Environmental Review. The Ordinance is exempt from additional review under the California Environmental Quality Act (Public Resources Code §§ 21000, et seq., “CEQA”) and CEQA Guidelines (14 California Code of Regulations §§ 15000, et seq.) because it establishes rules and procedures in compliance with authority vested to the City by state law; does not involve any commitment to a specific project which could result in a potentially significant physical impact on the environment; and constitutes an organizational or administrative activity that will no t result in direct or indirect physical changes in the environment. Accordingly, the Ordinance does not constitute a “project” that requires environmental review (see specifically CEQA Guidelines § 15378(b)(2, 5).
SECTION 4. Construction. This Ordinance must be broadly construed in order to achieve the purposes stated in this Ordinance. It is the City Council’s intent that the provisions of this Ordinance be interpreted or implemented by the City and others in a manner that facilitates the purposes set forth in this Ordinance.
SECTION 5. Enforceability. Repeal or supersession of any provision of the Baldwin Park Municipal Code does not affect any penalty, forfeiture, or liability incurred before, or preclude prosecution and imposition of penalties for any violation occurring before this Ordinance’s effective date. Any such repealed or superseded part will remain in full force and effect for sustaining action or prosecuting violations occurring before the effective date of this Ordinance.
SECTION 6. Validity of Previous Code Sections. If this entire Ordinance or its application is deemed invalid by a court of competent jurisdiction, any repeal or amendment of the Baldwin Park Municipal Code or other ordinance by this Ordinance will be rendered void and cause such previous Baldwin Park Municipal Code provision or other city ordinance to remain in full force and effect for all purposes.
SECTION 7. Severability. If any part of this Ordinance or its application is deemed invalid by a court of competent jurisdiction, the City Council intends that such invalidity will not affect the effectiveness of the remaining provisions or applications and, to thi s end, the provisions of this Ordinance are severable.
SECTION 8. The City Clerk, or her duly appointed deputy, is directed to certify the passage and adoption of this Ordinance; cause it to be entered into the City of Baldwin Ordinance No. 1511
Park’s book of original ordinances; make a note of the passage and adoption in the records of this meeting; and, within fifteen (15) days after the passage and adoption of this Ordinance, cause it to be published or posted in accordance with California law.
SECTION 9. This Ordinance shall go into effect and be in full force and effect 30 days after its passage.
SECTION 10. The City Clerk shall cause this O rdinance to be published and/or posted in accordance with state law and shall certify the adoption of this Ordinance and shall place this O rdinance in the original book of ordinances on file in the City Clerk’s Office.
I hereby certify that Ordinance No. 1511 was PASSED, APPROVED, AND ADOPTED by the City Council of the City of Baldwin Park on the ______ day of ______________, 2024.
CITY OF BALDWIN PARK
______________________________
EMMANUEL J. ESTRADA
MAYOR
ATTEST:
__________________________
CHRISTOPHER SAENZ,
CITY CLERK
APPROVED AS TO FORM:
__________________________
NORMA TABARES
BEST BEST & KRIEGER LLP,
CITY ATTORNEY
[ATTESTATION ON THE NEXT PAGE]
Ordinance No. 1511
ATTEST:
STATE OF CALIFORNIA
COUNTY OF LOS ANGELES SS:
CITY OF BALDWIN PARK
I, Christopher Saenz, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on November 6, 2024. Thereafter, said Ordinance No. 1511 was duly approved and adopted at a regular meeting of the City Council on ________ by the following vote to wit:
AYES:
NOES:
ABSENT:
ABSTAIN:
________________________________
CHRISTOPHER SAENZ
CITY CLERK
STAFF REPORT
ITEM NO. ____BPCRF 1 ____
TO: Honorable Mayor and Members of the City Council
FROM: Rose Tam, Director of Finance
PREPARED BY: Anthony Ceballos, Accountant
DATE: November 6, 2024
SUBJECT: Baldwin Park Charitable Relief Foundation Annual Financial Report for the Fiscal Year Ended June 30, 2024
SUMMARY
The purpose of this memorandum is to present Baldwin Park Charitable Relief Foundation’s (BPCRF) Annual Financial Report for the fiscal year ended June 30, 2024.
RECOMMENDATION
It is recommended that the Board Directors receive and file BPCRF’s Annual Financial Report for the fiscal year ending June 30, 2024.
FISCAL IMPACT
None
BACKGROUND
The Baldwin Park Charitable Relief Foundation was incorporated on August 4, 2015, ratified, and approved by the City of Baldwin Park on October 21, 2015 as California tax -exempt, non -profit corporation. The key component of the BPCRF is its ability to solicit funds from private funding sources that are specifically allocated to non-profit organizations (such as grants, private donations, gifts, etc.) Its specific charitable and public purposes are to pursue lessening the burdens of government and promoting social welfare to members of the community who are economically disadvantaged, suffering financial difficult ies or homeless. This non -profit organization helps by providing local residents additional opportunities for funding sources which could support services and programs meeting their social, physical, and developmental needs. Basic necessities of life such as emergency food, emergency shelter and/or housing are provided based on available funding.
The attached Annual Financial Report summarizes the financial activities and financial position of BPCRF for the fiscal year ended June 30, 2024.
LEGAL REVIEW
Not Applicable
ATTACHMENTS
1. BPCRF Annual Financial Report for the Fiscal Year Ended June 30, 2024
ASSETS
Cash $ 162,092.80
NET POSITION
Restricted
Baldwin Park Tiny Homes Program (Esperanza Villa) 76,446.02 Community Relief Program 786.85
Food Basket Program 1,371.90
Police Department Community Relations 11,537.04
Recreation Pride of the Valley 5K Run 2,500.00
Recreational Scholarship Program 1,642.25
Santa Clothes Program 66,038.74
Senior Meal Program 1,470.00
Serenity Homes Program 300.00
TOTAL NET ASSETS AS OF JUNE 30, 2024 $ 162,092.80
REVENUES AND OTHER SUPPORT
Contributions
BP Tiny Homes Program/Esperanza Villa (Kaiser Grant) 85,000.00 Homeless Support (Community Relief) 80.00
Food Basket Program (BP Woman's Club, CA. Schools Employees Assoc.) 200.00 Police Department Community Relations (Various Donations) 8,500.00 Santa Clothes Program (Various Donations) 15,905.89
Reimburse BPCRF Bank Fees (City of Baldwin Park ) 13.41 $ 109,699.30
EXPENSES
Program Services
Baldwin Park Tiny Homes Program (Esperanza Villa) 27,841.63 Community Relief Program 6,829.66
Food Basket Program 2,000.00
Police Department Community Relations 6,800.00
$ 43,471.29
CHANGE IN NET POSITION 66,228.01
NET ASSETS AS OF JULY 1, 2023 95,864.79
NET ASSETS AS OF JUNE 30, 2024 $ 162,092.80
For the Fiscal Year Ended June 30, 2024
Total Revenues and Other Support
Total Expenses
Baldwin Park Charitable Relief Foundation
Statement of Net Position
As of June 30, 2024
Baldwin Park Charitable Relief Foundation
Statement of Activities and Changes in Net Position