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HomeMy WebLinkAbout03.03.21 Staff ReportNOTICE AND CALL OF A SPECIAL VIRTUAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, March 3, 2021 at 5:00 PM. virtually. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Dated: March 1, 2021. Emm e J. Estrada Mayor AFFIDAVIT OF POSTING I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of March 3, 2021. Marlen Garc' , City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL VIRTUAL MEETING March 3, 2021 5:00 PM THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS In accordance with the Governor's Declarations of Emergency for the State of California (executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive Order N-33-20), the Baldwin Park City Council Meetings are being conducted via teleconference to limit in-person attendance. Audio Streaming will be available at: F Ifeatured?view as=subscriber https.11www.youtube.comlchannellUCFLZO dQFRjy59rhiDZ13_q .__ http.-Abaldwinpark.granicus.co /ViewPublisher.ph ?view id=10 Audio Streaming Simultaneously in Spanish will be available at- https.11www. youtube.comlchannellUC3bPFBIHcoPIksIXgetmGcA L U SAS ,6'' 'B I L t ANAP Emmanuel J. Estrada - Mayor Alejandra Avila - Mayor Pro Tern Daniel Damian - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al pOblico a difigirse al Concilio o Council or any of its Agencies listed on this cualquiera otra de sus Agencias nombradas en agenda. In accordance with Chapter 39 of esta agenda. De acuerdo con e/ capitulo 39 del the Baldwin Park Municipal Code, Speakers C6digo Municipal de la Ciudad de Baldwin Park, los must address the Council as a whole and comentaros deben se dirigidos al Concitio como refrain from making impertinent, slanderous, una sola entidad, y no ser impertinentes, or profane remarks or disrupt the peace of difamatorios, o profanos, o interrumpir la paz de la the meeting. reunion. CITY COUNCIL SPECIAL VIRTUAL MEETING – 5:00 P.M. CALL TO ORDER: ROLL CALL: Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tern Alejandra Avila, and Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS If you wish to comment on agenda items, please email your name, City of residence, item number and a phone number where you will be available between the hours of 5:00 PM to 6:00 PM on March 3, 2021 to comments@baldwingark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request that you email your information between the posting of this agenda and 3:00 PM on March 3, 2021. If you are a non-English Speaker and require translation services in another language other than Spanish, or sign, please indicate your request in your communication 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. OPEN SESSION/STUDY SESSION • Policies and Procedures for Naming of Facilities Helen Hernandez, Program Supervisor, Recreation and Community Services Department April Rojo, Program Coordinator, Recreation and Community Services Department RECESS TO CLOSED SESSION 1. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: John Doe 1 v. John Doe S.V Case No. 20STCV37963 Case Name: Baldwin Park Free Speech Case No. 2-19-cv-09864 CAS-E Coalition, et al., v. City of Baldwin Park Case Name: City of Baldwin Park v. City of Irwindale Case No. BS163400 Case Name: Herrera v. City of Baldwin Park Case No. 20STCV1 1521 Case Name: Michael Hemmingway et al. v. City of Baldwin Park Case No. 21STCV07382 L 2. Public Employment Pursuant to Government Code §54957: Position: CEO/City Manager 3. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Three (3) 4. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 12921 East Garvey Avenue Negotiating Parties: City of Baldwin Park and Outfront, Katie Metz, Real Estate Manager 5. Real Property Negotiations Pursuant to Government Code §54956.8: B. Property: 14030 Live Oak Avenue Negotiating Parties: City of Baldwin Park and Tony Kim and Shaun Szameit, Baldwin Park Distribution and Devise Distribution LLC 6. Real Property Negotiations Pursuant to Government Code §54956.8: C. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. D. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. E. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan Jenome Research F. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park G. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP H. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. I. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group J. Property: Negotiating Parties K. Property: Negotiating Parties 4802 Littlejohn Street, Suite B (CAN 17-29) City of Baldwin Park and Yichang Bai W&F International Corp. 5175 Commerce Drive (CAN City of Baldwin Park and Lin( LLC. 17-18) a Thong, Pacific Cultivation, L. Property: 15440, 15442 and 15444 Arrow Highway (CAN 18-01) Negotiating Parties: City of Baldwin Park and Tim McCarty Ala Karte, LLC M. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. N. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. O. Property: Negotiating Parties P. Property: Negotiating Parties Q. Property: Negotiating Parties 1516 Virginia Avenue (CAN 17-30) City of Baldwin Park and David Ju DJCBP Corp., dba Tier One Consulting 14551 Joanbridge Street (CAN 17-02) City of Baldwin Park and Tony Fong Baldwin Park Tale Corp. 5018 Lante Street City of Baldwin Park and Robert Gray Distinct Indulgence, Inc. R. Property: Torch Street & Marlinda Avenue Negotiating Parties: City of Baldwin Park and TTJ Investments, LLC Avenue (APNs: 8550-020-079, 080, 081, 084, 085, 086 and 087) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of March 3, 2021. oA Marlen Gar is City Clerk For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e- mail lmorales@baldwinpark. com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) BALDWIN PARK CITY COUNCIL REGULAR VIRTUAL MEETING March 3, 2021 7:00 PM THE COUNCIL CHAMBER IS CLOSED TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS In accordance with the Governor's Declarations of Emergency for the State of California (executive Orders N-25-20 and N-29-20) and the Governor's Stay at Home Order (Executive Order N-33-20), the Baldwin Park City Council Meetings are being conducted via teleconference to limit in-person attendance. Audio Streaming will be available at: https.-Ilwww.youtube.comlchannellUCFLZO dDER Falfeatured?view as=subscriber jy59rhiQZ13_L_ http.-Abaldwinpark.granicus.com/ViewPublisher.phhp?view id=10 Audio Streaming Simultaneously in Spanish will be available at: https:llwww.voutube.com/channel/UC3bPFBIHcoPIks]X qetmGcA HUB CSF THE . . . . . . ... . . ... ..... .. . . 4 Cr J Emmanuel J. Estrada - Mayor Alejandra Avila - Mayor Pro Tern Daniel Damian - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING. PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al pOblico a dirigirse al Concilio o cualquier Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda on any matter posted on the agenda para hablar sobre cualquier asunto publicado en la or on any other matter within its jurisdiction. agenda o cualquier tema que este bajo su In accordance with Chapter 39 of the jurisdicci6n. De acuerdo con e/ capitulo 39 del Baldwin Park Municipal Code, Speakers C6digo Municipal de la Ciudad de Baldwin Park, los must address the Council as a whole and comentaros deben se dirigidos al Concilio como refrain from making impertinent, slanderous, una sola entidad, y no ser impertinentes, or profane remarks or disrupt the peace of difamatorios, o profanos, o interrumpir la paz de la the meeting. reunion. CITY COUNCIL REGULAR VIRTUAL MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Alejandra Avila, and Mayor Emmanuel J. Estrada REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Alzheimer's Los Angeles Presentation • Certificate in Recognition of the 2020 Kindness Angel Recipient Betty Nixon PUBLIC COMMUNICATIONS If you wish to comment, please email your name, City of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM to 8:00 PM on March 3, 2021 to comments@baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. In order to provide all with an equal opportunity to voice their concerns, staff needs time to compile and sort speaker cards received. As such, we respectfully request that you email your information between the posting of this agenda and 5:00 PM on March 3, 2021. If you are a non-English Speaker and require translation services in another language, or sign, please indicate your request in your communication 48 hours prior to the meeting. If large numbers of persons wishing to speak are gathered (a reduction of the speaking time allotted for each speaker may be announced). A one hour limit may be placed on the time for public communications so that City business can be conducted, after which time, communications can resume. CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. City Council Agenda Page 2 2. Meeting Minutes Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: Special Meeting of February 17, 2021 Special Meeting of February 24, 2021 Regular Meeting of February 3, 2021 Regular Meeting of February 17, 2021 3. Ratify and Adopt a Resolution to Amend the Executive and Unclassified Benefits Matrix Staff recommends that the City Council approve, ratify and adopt Resolution No. 2021- 010 authorizing an amendment to the Executive and Unclassified Benefits Matrix 4. Approve an Industrial Disability Retirement (IDR) Claim for Kiyotake Isagawa Staff recommends that the City Council approve the IDR. 5. Accept Construction Improvements and Authorize the Filing of a Notice of Completion for City Project, CIP 20-97 Maine Avenue and Pacific Avenue Corridor Complete Streets Improvements, Phase 11 Project Staff recommends that Council: 1. Accept the construction improvements by Gentry Brothers, Inc. and authorize the recordation of a Notice of Completion for City Project No. CIP 20-97; and 2. Authorize the release of retention funds in the amount of $108,739.22 to Gentry Brothers, Inc. upon the expiration of 35 -day notice period. 6. Approval of Purchase Order for On-call Striping and Pavement Marking Services It is recommended that the City Council: 1. Approve purchase order requisition for J&S Striping in the amount of $25,000 for much-needed re -striping and RPM maintenance through the remainder of fiscal year 2020/2021; and 2. Authorize the Director of Finance to make the necessary budget transfers and adjustments; and 3. Authorize the Director of Public Works to prepare and process the purchase order requisition. PUBLIC HEARING 7. A Request to the City Council from the Planning Commission to Approve Development Agreement 21-01 to Permit Non -Extraction Commercial Manufacturing of Adult and/or Medical Cannabis food Edibles within an Existing Commercial Baking Facility Located in the "I" Industrial Zone, Pursuant to Section 153.210, Part 18 of the City's Municipal Code. (Location: 5018 Lante St.; Applicant: 6Viand; Case Number: DA 21-01) Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1458, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A STATUTORY DEVELOPMENT AGREEMENT WITH 6VIAND, INC. FOR THE MANUFACTURING OF CANNABIS RELATED PRODUCTS AT THE REAL PROPERTY LOCATED AT 5018 LANTE ST. (APN 8413-004-023) WITHIN THE CITY OF BALDWIN PARK". City Council Agenda Page 3 REPORTS OF OFFICERS 8. Review of Commission Applications and Consideration of Appointments to Fill the Unscheduled Vacancies for City Commissions Staff recommends that the City Council review all commission applications to the Housing and Recreation Commission and make respective appointments. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Request by Mayor Estrada: • City Council discussion and direction to staff to send out a Request for Qualifications (RFQ) for on-call and overflow legal services. ADJOURNMENT CERTIFICATION I, Marlen Garcia, City Clerk of the City of Baldwin Park perjury under the laws of the State of California that the City Hall bulletin board not less than 72 hours prior to February, 2021. �?A&L,lAuZ Marlen Garcia City Clerk hereby certify that, under penalty of foregoing agenda was posted on the the meeting. Dated this 25th day of For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at Imoralesgbaldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 4 ITEM NO. 1 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: March 3, 2021 SUBJECT: City of Baldwin Park's Warrants and Demands SI IMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $427,850.08 and the attached General Warrants Register was $884,532.80 for a total amount of $1,312,382.88. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payroll of the City of Baldwin Park consists of check numbers 201038 to 201046 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 25552 to 25757 for the period January 24, 2021 through February 6, 2021, inclusive; these are presented and hereby ratified in the amount of $427,850.08. 2. General Warrants, with the bank drafts in the amount of $210,972.59 and checks from 231683 to 231822 in the amount of $673,560.21 for the period of February 9, 2021 to February 18, 2021, inclusive; in the total amount of $884,532.80 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register d H J -r V O»�ll c0 illoNOiD OtDo V llS 1f10 o Ct c0 iD 111 W 1. 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N a n n n n n a n n n n n n n n n o O n n O n n o n n n n n n n n n n n n n n n n O a a TO: Honorable Mayor and Members of the City Council Hu8;o r ?! FROM: Lourdes Morales, Chief Deputy City Clerk 46EL a� � ' DATE: March 3, 2021 'OSUBJECT: Meeting Minutes SUMMARY The City Council held a Special City Council Meetings on Special Meeting of February 17, 2021 and February 24, 2021; and held Regular Meetings on February 3, 20231, and February 17, 2021. RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: Special Meeting of February 17, 2021 Special Meeting of February 24, 2021 Regular Meeting of February 3, 2021 Regular Meeting of February 17, 2021 FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Not applicable ALTERNATIVES Not applicable LEGAL REVIEW This report does not require legal review. ATTAC H M E NTS 1. Special Meeting of February 17, 2021 2. Special Meeting of February 24, 2021 3. Regular Meeting of February 3, 2021 4. Regular Meeting of February 17, 2021 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING February 17, 2021, 5:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 This meeting was conducted via teleconference in accordance with Governor Newsom's Executive Order N-25-20. Audio Streaming was made available to the public at: https://www.youtube.com/channel/UCFLZO dDFRjy59rhiDZ13Fg/featured?view as=su hscriber CALL TO ORDER The meeting was called to order at 5:13 PM by Mayor Estrada. ROLL CALL PRESENT: Council Member Danny Damian Council Member Monica Garcia Mayor Pro Tem Alejandra Avila Mayor Emmanuel J. Estrada ABSENT: Council Member Paul C. Hernandez arrived to the meeting at Motion: Mayor Estrada made a motion, seconded by Mayor Pro Tem Avila to excuse Council Member Hernandez. Motion passed by unanimous consent. PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:14 PM. Mayor Estrada inquired whether any public comments were received. Chief Deputy City Clerk Morales stated no comments were received. Seeing no comments received, Mayor Estrada closed Public Communications at 5:14 PM. OPEN SESSION • Baldwin Park & Cohort Cities Homeless Services Overview Yuriko M. Ruizesparza, Program Supervisor Ms. Ruizesparza provided an overview of the Measure H funding throughout LA County, the goals and priorities to effectively fund the plans; current services offered by the City; COVID-19 impacts to programs; grants awarded to the City and potential services provided via these funds; briefed the City Council on Tiny Homes project. Special Meeting of 2/17/21 Page 1 of 5 Council Member Hernandez thanked staff for their work and requested additional information regarding transitional training. Ms. Ruizesparza touched on partnerships with various agencies to assist members are properly trained to be successful and resources offered through case management programs. Council Member Hernandez requested services be easily accessible. Council Member Garcia thanked Ms. Ruizesparza for her work and requested the percentage of funding allocated to planning versus prevention be emailed and what partners are working with the City for outreach. Ms. Ruizesparza stated Union Station Homeless Services was the primary partner. Mayor Estrada expressed his gratitude for staff's work and diligence. Crime Update Presentation Presented by Chief of Police Robert A. Lopez Chief Lopez provided statistics on crime in the City stating there was an overall decrease. Council Member Garcia commented on tagging cross offs, and asked if there was a pattern in related gang activity and if it was being monitored. Chief Lopez stated his officers were monitoring gang related graffiti and have been able to take preventative action and were hopeful they would be able to determine the individuals behind the crime. Mayor Estrada commented on the regional issues concerning crime and asked the Chief to elaborate on their efforts. Chief Lopez affirmed police agencies were in collaboration to combat crime and were working systematically with one another The City Council recessed into closed session at 6:08 PM. RECESS TO CLOSED SESSION 1. Public Employment Appointment Pursuant to Government Code §54957: Position: Chief of Police 2. Conference With Legal Counsel—Existing Litigation Special Meeting of 2/17/21 Page 2 of 5 Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Sandoval v. City of West Covina Case No. 20STCV17053 Case Name: Aguilar v. City of Baldwin Park Case No.215TCV00193 Case Name: John Doe 1 v. John Doe S.V Case No. 20STCV37963 3. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKL1, Inc. B. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. C. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan Jenome Research D. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park E. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP F. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. G. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group H. Property: 4802 Littlejohn Street, Suite B (CAN 17-29) Negotiating Parties: City of Baldwin Park and Yichang Bai W&F International Corp. I. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. Special Meeting of 2/17/21 Page 3 of 5 J. Property: 15440, 15442 and 15444 Arrow Highway (CAN 18-01) Negotiating Parties: City of Baldwin Park and Tim McCarty Ala Karte, LLC K. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. L. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. M. Property: Negotiating Parties N. Property: Negotiating Parties O. Property: Negotiating Parties 1516 Virginia Avenue (CAN 17-30) City of Baldwin Park and David Ju DJCBP Corp., dba Tier One Consulting 14551 Joanbridge Street (CAN 17-02) City of Baldwin Park and Tony Fong Baldwin Park Tale Corp. 5018 Lante Street City of Baldwin Park and Robert Gray Distinct Indulgence, Inc. P. Property: Torch Street & Marlinda Avenue Negotiating Parties: City of Baldwin Park and TTJ Investments, LLC Avenue (APNs: 8550-020-079, 080, 081, 084, 085, 086 and 087) Q. Property: 13940 Ramona Blvd. 91706 Negotiating Parties: City of Baldwin Park and Morgan Kenneth 111 CO TR Morgan K (APN: 8553-006-029) R. Property: 13926 Ramona Blvd. 91706 Negotiating Parties: City of Baldwin Park and Berger, David A and Berger, Eva (APN: 8553-006-006) 4. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Special Meeting of 2/17/21 Page 4 of 5 Agency Designated Representative Rebecca T. Green, Richards Watson Gershon, Shannon Yauchzee, Chief Executive Officer, and Laura Thomas, Human Resources/Risk Manager Employee Organizations: Service Employee International Union (SEIU) 5. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Four (4) The City Council reconvened into open session at 7:15 PM. REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya announced no reportable action was taken. ADJOURNMENT There being no further business, motion was made by Mayor Estrada seconded by Mayor Pro Tern Avila, to adjourn the meeting at 9:54 PM. Emmanuel J. Estrada, Mayor ATTEST: Marlen Garcia, City Clerk F-11 N W _090 :11 Special Meeting of 2/17/21 Page 5 of 5 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING February 24, 2021, 5:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 This meeting was conducted via teleconference in accordance with Governor Newsom's Executive Order N-25-20. Audio Streaming was made available to the public at: https://www.youtube.com/channel/UCFLZO dDFRjy59rhiDZ13Fg/featured?view as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view id=10 CALL TO ORDER The meeting was called to order at 5:13 PM by Mayor Estrada. ROLL CALL Council Member Danny Damian Mayor Pro Tem Alejandra Avila Mayor Emmanuel J. Estrada ABSFNT- Council Member Garcia Council Member Hernandez MOTION: Mayor Estrada made a motion, seconded by Mayor Pro Tem Avila to excuse Council Members Garcia and Hernandez from the meeting. Motion carried by unanimous consent. PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:04 PM. Mayor Estrada inquired whether any public comments were received. Chief Deputy City Clerk Morales stated no comments were received. Seeing no comments received, Mayor Estrada closed Public Communications at 5:04 PM. OPEN SESSION • None The City Council recessed into closed session at 5:04 PM. Special Meeting of 2/17/21 Page 1 of 3 RECESS TO CLOSED SESSION 1. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Herrera v. City of Baldwin Park Case No. 20STCV11521 Case Name: David Salcedo v. City of Baldwin Park Case No. BC676398 2. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Six (6) 3. Public Employment Evaluation Pursuant to Government Code §54957: Position: Chief of Police 4. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Agency Designated Representative Rebecca T. Green, Richards Watson Gershon, Shannon Yauchzee, Chief Executive Officer, and Laura Thomas, Human Resources/Risk Manager Employee Organizations: Service Employee International Union (SEIU) The City Council reconvened into open session at 9:16 PM. REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya announced no reportable action was taken. Special Meeting of 2/17/21 Page 2 of 3 ADJOURNMENT There being no further business, motion was made by Mayor Estrada, seconded by Council Member Damian, to adjourn the meeting at 9:17 PM. Emmanuel J. Estrada, Mayor ATTEST: Marlen Garcia, City Clerk :• R Special Meeting of 2/17/21 Page 3 of 3 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING February 3, 2021, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 This meeting was conducted via teleconference in accordance with Governor Newsom's Executive Order N-25-20. Audio Streaming was made available to the public at: https://www.youtube.com/channel/UCFLZO dDFRiy59rhiDZ13Fg/featured?view as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view id=10 CALL TO ORDER The meeting was called to order 7:23 PM by Mayor Estrada. INVOCATION The invocation was provided by Pastor Flores. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tem Avila. ROLL CALL MEMBERS PRESENT: Council Member Danny Damian Council Member Monica Garcia Council Member Paul C. Hernandez Mayor Pro Tem Alejandra Avila Mayor Emmanuel J. Estrada REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya announced no reportable action was taken. ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Prepare Baldwin Park Presentation Presented by Erica Frausto, Executive Director and Scott Sapers, Disaster Program Manager Erica Frausto provided an overview of the services provided by the Red Cross; preparedness strategies to empower the community; COVID-19 related educational resources. Scott Sapers provided statistics tailored to the City's risk, hazards, and threats and resources provided for these disasters. Council Members and staff provided input. PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 7:53 PM. John Rios expressed concerns regarding the Chief of Police; informed residents to contact Public Works and Code Enforcement for trash pick-up; and commented on his disagreement with the naming of the Council Chambers. . Katherine Looser Baldwin Park Library Manager provided an update on upcoming events. Greg Tuttle commented on the tardiness of minutes; requested Council Member Garcia turn on her camera; expressed concerns with the BRPOUD program; and requested City Council expedite the hiring of the management staff. Javier Navarro requested an update on a complaint concerning lighting issues on a Ramona. Mayor Estrada closed public communications at 8:08 p.m. Director of Public Works, Sam Gutierrez affirmed materials have been delivered and construction would commence soon. Director of Recreation and Community Development Manuel Carrillo commented on the efforts staff is making to have open communication with residents and provide updates via various social media channels. Mayor Estrada thanked Public Works for their diligence in trash -pick up Mayor Pro Tem Avila provide an update to Alicia and closed on behalf of Joe Sanchez. Council Member Garcia gave her condolences, thanked Pastor Flores for his prayer and wished for a fast recovery of a commissioner's battle with COVID. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion. Items 3 and 4 were pulled from the consent calendar for separate consideration. MOTION: It was moved by Mayor Estrada, seconded by Mayor Pro Tem Avila to approve the remainder of the Consent Calendar. Motion carried by unanimous consent. 1. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. Regular Meeting of 02/17/21 Page 2 of 5 2. Claim Rejection The City Council rejected the following claim(s) and direct staff to send the appropriate notice of rejection to claimant(s): Diane Rendon Claimant alleges bodily injury due to the dangerous condition of public property within the parkway 3456 San Gabriel River Parkway Pulled for Separate Consideration 3. A Request for Consideration of Settlement Agreement with Rukli, Inc. City Attorney Robert N. Tafoya explained Rukli Inc. was the City's exclusive distributor; however, the City negotiated the exclusivity clause to ensure all operators have different choices. Mayor Pro Tem Avila, Council Member Garcia, Council Member Hernandez thanked their colleagues, staff and City Attorney for their diligence in negotiating this agreement. City Attorney Tafoya clarified this agreement would not look like other agreements as this was a settlement agreement. MOTION: It was moved by Mayor Estrada, seconded by Council Member Damian to approve the settlement agreement and direct staff to proceed with amended Development Agreements. Pulled for Separate Consideration 4. Approve the Ratification of the Execution of a Letter of Credit with River City Bank on behalf of Baldwin Park Resident Owned Utility District (B -PROUD) to Comply with California Public Utilities Commission Financial Security Requirements Council Member Damian requested clarification from Director of Community Development Benjamin Martinez. Kathie De Franco affirmed BRPOUD's rates were identical to Edison's rates. Mayor Pro Tem Avila stated she has seen a cost savings with BPROUD. Kathie De Franco clarified residents could opt out at a low cost. Council Member Damian requested the information be readily available to constituents to avoid confusion and ensure they understood billings. MOTION: It was moved by Council Member Damian, seconded by Mayor Pro Tem Avila to approved the ratification of the execution of a Letter of Credit with RCB on behalf of B -PROUD to comply with the CPUC FSR. Regular Meeting of 02/17/21 Page 3 of 5 5. Adopt Resolution No. 2021-001 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for grant funds for the California Climate Investments Urban Greening Program" for the Big Dalton Wash Trail Pocket Park The City Council adopteded Resolution No. 2021-001 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for grant funds for the California Climate Investments Urban Greening Program" for the Big Dalton Wash Trail Pocket Park; and authorized the Director of Recreation and Community Services to execute any further documents. 6. Adopt Resolution No. 2021-002 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for grant funds for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68)" for the Big Dalton Wash Trail Greening Park Wetland Restoration Project The City Council adopted Resolution No. 2021-002 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for grant funds for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68)" for the Big Dalton Wash Trail Greening Park Wetland Restoration Project; and Authorized the Director of Recreation and Community Services to execute any further documents. 7. Authorize to Enter into a Lease Agreement for Three New Copy Machines The City Council approved entering into a 60 month Lease Agreement with Ricoh USA for three new copy machines. REPORTS OF OFFICERS None CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Request by Council Member Monica Garcia: • City Council review of existing vehicle code and City response to traffic signals that are blacked out due to power outages, or any other unforeseen incident, with discussion and direction by Council. Council Member Garcia requested the Director of Public Works elaborate on preventative measures the City can take to reduce accidents and liability to the City. Sam Gutierrez, Director of Public Works stated their currently policy did now allow for a stop sign signage in an inoperable traffic light outage because the lights automatically go on flash. However, certain signs may be placed to during schedules outages and certain circumstances. Council Member Garcia expressed interest in upgrading traffic signal lights to the capital Regular Meeting of 02/17/21 Page 4 of 5 improvement program. City Manager Yauchzee recommended the City Council move forward with this item to ensure the City is safe during high winds or a power outage. City Council provided direction to staff to include this project in the current CIP project. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Estrada, seconded by Mayor Pro Tem Avila, to adjourn the meeting at 9:54 p.m. Mayor: ATTEST: Emmanuel J. Estrada, Mayor Marlen Garcia, City Clerk UIT.-TOJOSAYWRI Regular Meeting of 02/17/21 Page 5 of 5 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING February 17, 2021, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 This meeting was conducted via teleconference in accordance with Governor Newsom's Executive Order N-25-20. Audio Streaming was made available to the public at: https://www.youtube.com/channel/UCFLZO dDFRiy59rhiDZ13Fg/featured?view as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view id=10 CALL TO ORDER The meeting was called to order 7:15 PM by Mayor Estrada. INVOCATION The invocation was provided by Pastor Flores. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Council Member Hernandez. ROLL CALL MEMBERS PRESENT: Council Member Danny Damian Council Member Monica Garcia Council Member Paul C. Hernandez Mayor Pro Tem Alejandra Avila Mayor Emmanuel J. Estrada REPORT ON CLOSED SESSION City Attorney Robert N. Tafoya announced no reportable action was taken. ANNOUNCEMENTS Mayor Estrada announced, as required by Government Code section 54952.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Certificates in Recognition of the 2021 Food Drive Volunteer's -Alfonso Arteaga -David Castro -Jessica Joiner -Joe Yersky -Jose Martinez -Ralph Galvan, Board Member -Susan Rovira -Tara Robinson -Beatriz Sandoval -Yolanda Martinez -Maria Carrillo -Xochitl Escalante Council Member Hernandez read certificates in recognition of the volunteers and thanked them for their time and work. Mayor Estrada announced Senator Rubio also awarded certificates to the food drive volunteers. • Proclamation in Honor of David H. Gaither Presented to David H. Gaither's son, Richard Gaither and family Council Member Damian presented the family with a proclamation in honor of David H. Gaither for his service to the Baldwin Park community. The family thanked the City Council for honoring their loved one. • Legislative Update Presented by Senator Susan Rubio Senator Susan Rubio provided updates to the community concerning affordable housing, SB 91 tenant relief, funding attained by Senator Rubio and expanded on the manner it was dispersed to assist families. Additionally, Senator Rubio provided an overview of her role in emergency relief funding and climate change. Mayor Estrada and Mayor Pro Tem Avila thanked Senator Rubio for her efforts. • Update from Valley County Water District Presented by Colleen Malaiba Jose Martinez, General Manager for Valley County Water District gave a presentation conveying the water was completely safe to use and drink during this pandemic; commented on the continued maintenance provided by staff; provided an overview of the rate delay and offered residents to apply for an affordable rate program; highlighted their participation in community assistance programs; and shared accomplishments achieved in 2020. PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 7:07 PM. Ralph Galvan Board Member of the Valley County Water District congratulated the Mayor and new members of the City Council for their election and thanked the City Council for their recognition. Regular Meeting of 02/17/21 Page 2 of 9 Beatriz Sandoval thanked the City Council for the recognition and thanked other community leaders for their involvement in the food drive. Ms. Beatriz expressed her interest in collaborating with Senator Rubio's Office and affirmed LA Voice was ready to continue assisting the community. Katherine Looser Baldwin Park Library Manager provided an update on upcoming events. Mayor Estrada closed public communications at 8:16 p.m. Council Member Garcia thanked Ralph Galvan and congratulated him on his recent election; closed on behalf of Hector Elizalde, Deputy to Grace Napolitano; and expressed the importance of staff's time. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion. Items 17 and 18 were pulled from the consent calendar for separate consideration. MOTION: It was moved by Mayor Estrada, seconded by Council Member Damian to approve the remainder of the Consent Calendar. Motion carried by unanimous consent. Warrants and Demands The City Council ratified the attached Warrants and Demands Register. 2. Treasurer's Report — December 2020 The City Council received and filed the Treasurer's Report for December 2020. 3. Meeting Minutes The City Council received and filed the following Meeting Minutes: Special Meeting of December 7, 2020 Special Meeting of December 16, 2020 Special Meeting of January 6, 2021 Special Meeting of January 20, 2021 Special Meeting of January 28, 2021 Special Meeting of February 3, 2021 4. Ratify and Adopt a Resolution to Update the City of Baldwin Park Job Classification Plan by Adding a New Position of Community Services Supervisor; and Update the City of Baldwin Park Comprehensive Pay Schedule in Accordance with Cal PERS Established Guidelines The City Council approved, ratified and adopted Resolution No. 2021-003 authorizing an amendment to the job classification plan by deleting one (1) Program Supervisor and adding a new position of Community Services Supervisor; and approved, ratified and adopted Resolution No. 2021-004 approving the Comprehensive Pay Schedule reflecting the salary range of the Community Services Supervisor; and authorized the Regular Meeting of 02/17/21 Page 3 of 9 Finance Director to complete the budget amendments and appropriations and make any necessary adjustments. 5. Approve of the Safe Clean Water (SCW) Program Revenue Transfer Agreement between the City of Baldwin Park and Los Angeles County Flood Control District for the City of Baldwin Park's Barnes Park Regional Project (Project) and Authorization to Publish a Request for Proposals (RFP) for Professional Design Services for the Project The City Council approved the Transfer Agreement between the City of Baldwin Park and the Los Angeles County Flood Control District for the City's allocation of funds from the Safe Clean Water (SCW) Program for the Barnes Park project; and authorized the Director of Public Works to issue an RFP for the implementation of the project; and authorize the Director of Public Works to act as the signature authority and process necessary documents to satisfy Measure W funding requirements. 6. Approve Request -for -Service Proposals from the City's On -Call Consultant, Infrastructure Engineers, Inc. (IE) for Civil Design Services for the Various Street Rehabilitation Project and the San Gabriel River Greenway and Neighborhood Connections Project The City Council authorized the Director of Public Works to approve the RFS proposals from Infrastructure Engineers (IE) in the amount of $46,664 for the completion of the plans, specifications and estimate (PS&E) for the Various Street Rehabilitation Project and $86,496 for the completion of the PS&E for the San Gabriel River Greenway and Neighborhood Connections Project. 7. Approve an Appropriation of Funds for the Citywide Traffic Signal Battery Backup Systems (BBS) Project and Amend the City's 2020-2021 Capital Improvement Program (CIP) Budget to Incorporate the Project The City Council authorized the Director of Finance to appropriate $260,000 from LLMD Fund; approved an amendment to incorporate the project into the current FY2020-21 CIP Budget; authorized the Director of Public Works to execute a Request for Service (RFS) for design services with the City's on-call consultant. 8. Accept and Authorize the Filing of a Notice of Completion for City Project No. CIP 2020-163 Morgan Park Parking Lot Improvements Project The City Council accepted the construction improvements by Gentry Brothers, Inc. of Irwindale, CA in the amount of $470,610.49, and authorize the recordation of a Notice of Completion; and authorized the Director of Finance to appropriate $21,052.49 from Park Fees (Quimby Act) Fund to Acct.# 234-50-520-58100-15086; and authorized the payment of $23,530.52 in retention funds to Gentry Brothers, Inc. upon the expiration of the 35 -day notice period. 9. Resolution No. 2021-005 Initiating the Proceedings and Ordering Preparation of the Engineer's Report for the Citywide Landscape and Lighting Maintenance Assessment District for FY2021/2022 Regular Meeting of 02/17/21 Page 4 of 9 The Council adopted Resolution No. 2021-005 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, authorizing the initiation of the proceedings and ordering the preparation of the Engineer's Report for the FY 2021/2022 levy of annual assessments for the City of Baldwin Park Landscaping and Lighting Maintenance District pursuant to the provisions of Division 15, Part 2 of the State of California Streets and Highway Code." 10. Resolution No. 2021-006 Initiating the Proceedings and Ordering Preparation of the Engineer's Report for the Citywide Landscape and Lighting Maintenance Assessment District for FY202112022 The City Council adopted Resolution No. 2021-006 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, authorizing the initiation of the proceedings and ordering the preparation of the Engineer's Report for the FY 2021/2022 levy of annual assessments for the City of Baldwin Park Landscaping and Lighting Maintenance District pursuant to the provisions of Division 15, Part 2 of the State of California Streets and Highway Code." 11. Approval to Enter into an Agreement between the City of Baldwin and Elizabeth M. Kessel, Inc., dba Kessel & Megrabyan for Attorney Services The City Council approved the retention of Elizabeth M. Kessel, Inc., dba Kessel & Megrabyan 12. Adopt Resolution No. 2021-007 entitled, "A Resolution of the City Council of the City of Baldwin Park Adopting the San Gabriel Valley Council of Governments' White Paper on LAHSA Reform" The City Council to adopted Resolution No. 2021-007 entitled, "A Resolution of the City of Baldwin of Baldwin Park adopting the San Gabriel Valley Council of Governments' White Paper on LAHSA Reform"; and authorized the Director of Recreation and Community Services to execute any further documents. 13. Adopt Approval to Enter into an Agreement between the City of Baldwin Park & LeSar Development Consultants Under the (Individual City) Measure H Cities Homeless Implementation Grant The City Council to approved the Service Agreement between the City of Baldwin Park & LeSar Development Consultants (LDC) to implement the Measure H Grant Funds for following line items (Consultant/Vendor, Hotel/Motel Conversion, ADU Ordinance Study, GIS Mapping for Land Use, Inclusionary Zoning, and Scatter Site Housing); and authorized the Chief Executive Officer to Execute the Service Agreement between the City of Baldwin Park & LeSar Development Consultants (LDC); and authorized the Finance Director to make a budget amendment and provide account numbers to record the grant and related expenditures accordingly; and authorized the Director of Recreation and Community Services to execute further documents and reporting. Regular Meeting of 02/17/21 Page 5 of 9 14. Approval to Enter into an Agreement between the City of Baldwin Park & Cohort Cities (EI Monte and South EI monte) with LeSar Development Consultants under Measure H Cities Homeless Implementation Grant The City Council to approved the Service Agreement between the City of Baldwin Park & Cohort Cities (EI Monte and South EI Monte) with LeSar Development Consultants (LDC) to implement the Measure H Grant Funds for following line items (Development and Planning Consultant), and authorized the Chief Executive Officer to Execute the Service Agreement between the City of Baldwin Park & Cohort Cities and LeSar Development Consultants (LDC) and; authorized the Finance Director to make a budget amendment and provide account numbers to record the grant and related expenditures accordingly and; authorized the Director of Recreation and Community Services to execute further documents and reporting. 15. Adopt Resolution No. 2021-008 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Approving the Application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Big Dalton Wash Greening Trail (Phase 1) and Pocket Parks The City Council to adopted Resolution No. 2021-008 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Big Dalton Wash Greening Trail (Phase 1) and Pocket Parks; and authorized the Director of Recreation and Community Services to execute any further documents. 16. Adopt Resolution No. 2021-009 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Approving the Application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Barnes Park Expansion The City Council to adopted Resolution No. 2021-009 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for the Statewide Park Development and Community Revitalization Program Grant Funds" for the Barnes Park Expansion; and authorized the Director of Recreation and Community Services to execute any further documents. Pulled for Separate Consideration 17. Approve the Letter of Intent for the San Gabriel Valley Emergency Shelter Pilot Program in Partnership with the San Gabriel Valley Regional Housing Trust & San Gabriel Valley Council of Governments Brielle Acevedo provided statistics of individuals in need of emergency shelter for an interim amount of time and provided an overview of the program. Council Member Avila asked if personal belongings were stored on site; asked for the number of restrooms per group, inquired whether visitors would be allowed, and whether the case workers would be on site 24/7. Regular Meeting of 02/17/21 Page 6 of 9 Ms. Acevedo affirmed belongings would be stored with case workers; confirmed multiple restrooms would be available for use; and confirmed case workers would be on site with security after hours. Council Member Garcia requested input concerning shared spaces due to safety concerns and requested additional restrooms be placed. Ms. Acevedo assured she would address this concern with the service provider and added showers would be monitored. Mayor Estrada requested further clarification on security measures for the site. Ms. Acevedo stated overnight security was scheduled for this project, and once approved, the City could negotiate additional resources they wish to see in their site. MOTION: Mayor Estrada made a motion, seconded by Council Member Damian to approve the Letter of Intent for the San Gabriel Valley Emergency Shelter Pilot Program in partnership with the San Gabriel Valley Regional Housing Trust & San Gabriel Valley Council of Governments; and authorize the Director of Recreation and Community Services to execute any further documents. Motion carried by unanimous consent. Pulled for Separate Consideration 18. Approval of Employment Agreement with Robert A. Lopez for the Position of Chief of Police (Pulled for Separate Consideration) Mayor Estrada and Council Member Damian stated this process was transparent and fair and congratulated the Chief of Police on his appointment. MOTION: Mayor Estrada made a motion, seconded by Council Member Damian to approve the Agreement with Robert A. Lopez for the position of Police Chief and direct the Mayor and City Clerk to execute agreement. Motion carried by unanimous consent. Mayor Estrada conducted the Office to the newly appointed Chief of Police. The City Council congratulated Chief of Police Lopez on his appointment. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. MOTION: It was moved by Mayor Estrada, seconded by Council Member Damian to approve the Consent Calendar of the Successor Agency. Motion carried by unanimous Regular Meeting of 02/17/21 Page 7 of 9 consent. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — December 2020 The Board received and filed the Treasurer's Report for December 2020. SA -2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands The Board ratified the attached Warrants and Demands Register. REPORTS OF OFFICERS None CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor P• Tern Avila requested staffbring forward t study sessionparticipation the Baldwin Park SchoolDistrict and ii, Police Department i ensure studen are r MOTION: It was moved by Mayor Pro Tem Avila, seconded by Mayor Estrada to provide direction to staff to schedule a study session with the Baldwin Park School District and School/City Police to discuss safety protocols. Motion carried by unanimous consent. Council Member Hernandez requested the City Manager and Human Resources Manager develop an organizational leadership program and report back to the City Council in a future meeting. Mayor Pro Tem Avila requested a commission be formed to review practices in the Baldwin Park Police Department. Regular Meeting of 02/17/21 Page 8 of 9 ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Estrada, seconded by Mayor Pro Tem Avila, to adjourn the meeting at 8:52 p.m. Mayor: ATTEST: Emmanuel I Estrada, Mayor Marlen Garcia, City Clerk Regular Meeting of 02/17/21 Page 9 of 9 3 XL TO: Honorable Mayor and Members of the City Council FROM: Shannon Yauchzee, Chief Executive Officer Laura J. Thomas, Human Resources/Risk Manager " JA14,�`�` DATE: March 3, 2021 SUBJECT: Ratify and Adopt a Resolution to Amend the Executive and Unclassified Benefits Matrix SUMMARY This report is requesting City Council adoption of a resolution approving the amendment of the Executive and Unclassified Benefits Matrix. The amendment is necessary to ensure benefits provided to employees and all elected officials conform with appropriate legislation. Recommendation Staff recommends that the City Council approve, ratify and adopt Resolution No. 2021-010 authorizing an amendment to the Executive and Unclassified Benefits Matrix. Fiscal Impact There is no fiscal impact. Background The Executive and Unclassified Benefits Matrix identifies eligible benefits for elected officials, Directors and Unclassified Managers. Language has been included to clearly outline how benefits can be utilized for elected officials as permitted under the law. In addition, clarifying language was added in regards to take home vehicles by the Police Chief. Specifically, revising the terminology from vehicle allowance to transportation allowance was included to indicate that it may be used for public or alternative transportation. Alternatives There is no alternative to comply with State Law. Legal Review This report has been reviewed and approved by the City Attorney as to legal form and content. ATTAC H M E NTS 1. Resolution No. 2021-010 amending the Executive and Unclassified Benefits Matrix EXHIBITS A. Executive and Unclassified Benefits Matrix RESOLUTION NO. 2021-010 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE EXECUTIVE & UNCLASSIFIED BENEFITS MATRIX FY YEAR 2020 - 2021 WHEREAS, the Executive & Unclassified Benefits Matrix has been amended to ensure benefits provided to employees and elected officials conform with all applicable laws and regulations; and WHEREAS, the Executive & Unclassified Benefits Matrix was prepared by said representatives and has been presented to the City Council for consideration and approval; and WHEREAS, attached said report to this resolution as with the date, March 3, 2021 referred to as Exhibit A. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARKDOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. That this City Council does hereby approve and authorize the execution of the Executive & Unclassified Benefits Matrix to be effective March 3, 2021 through June 30, 2021. PASSED, APPROVED, AND ADOPTED this 3rd day of March, 2021. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-010 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 3, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 EXECUTIVE EMPLOYEES BENEFIT MATRIX ATTACHMENT A 10413Ell a9LVA19UMN 111-11YLTA 101►`IIKy The following unadjusted base salary shall remain unchanged.No salary increases willbe provided to Executive Employeesfor Fiscal Year 2020-21. 0% retroactive to the first full pay period of Fiscal Year 2020-21 INSURANCES/SUPPLEMENTAL WAGE PAYMENTS Benefits Plan Effective the first full pay period commencing on or after January 12, 2020, the City will contribute a sum not to exceed $1,625per month for each Executive employee towards benefits as detailed below: The employee is required to maintain a minimum coverage for himself/herself in a plan of his or her choice, unless the employee can show proof of adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for self, two (2) party or family coverage. 2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage. 3. Placement spread over a combination of the options listed above. 4. Elect to receive any excess monies in cash, which will be considered as taxableincome, or 5. Elect to place the excess cash monies in a City provided deferred compensationprogram. Benefits Plan for Elected Officials Effective the first full pay period commencing on or after January 20, 2021, the City will contribute a sum not to exceed $1,625per month for each Elected Official towards benefits as detailed below: The employee is required to maintain a minimum coverage for himself/herself in a plan of his or her choice, unless the employee can show proof of adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: Page 1 of 13 Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 1) Use funds to purchase City sponsored Health dental and/or vision insurance 2) Be reimbursed for purchasing Health, Dental, vision insurance on the open market ( not through the city) and/or 3) Deposit funds into the City sponsored Retirement Plan *Special Note for Elected Officials: Cash out of benefits as taxable income is not permitted under the law Vision Plan Effective the first full pay period commencing on or afterJuly 1, 2017, the City will provide a vision plan, and will contribute up to a maximum premium cost of $37.55 per month. Life Insurance The City will provide term life insurance in the face amount of $100,000. Long -Term Disability and Short Term Disability The City will provide long-term and short-term disability insurance coverage as set forth in the plan on file in the Personnel Services Office. Retirement Miscellaneous Employ In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California :Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member's retirement. Retirement Sworn Employ In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California :Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member's retirement account. Retiree Health Benefit Plan for Employees Hired Before July 1, 2020: For all employees hired prior to July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code Section 22892(b). In addition, the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892(b) and the premium cost for retiree - only coverage in the retiree's chosen medical plan. Page 2 of 13 Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 Retiree Health Benefit Plan for Employees Hired on or After July 1, 2020: For all employees hired on or after July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay only the minimum employer contribution to CalPERS that is required by Government Code section 22892(b). Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $500.00 per month transportation allowance except for the :Police Chief who may choose a take-home, City -owned vehicle. Included is the use of a City provided take home vehicle so that employee may respond to emergencies. The use of a City vehicle does not include personal vacations and does not include personal travel a distance more than a 50 mile radius from the City. Transportation allowance may be used for public or alternative transportation. IN0or" I:117011[Gl 7DIVAceOUCOLIN0.Iwon 111[11�.�/\►[�1�1 Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $150.00 per month to obtain and maintain access to personal electronic communication devices (smart phones, tablets, laptops, etc.) also used for City business. Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel :Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Effective September 7, 1994, each eligible employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank. Annual Sick Leave Incentive Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). Page 3 of 13 Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Vncntion All Executive employees shall accrue vacation leave in accordance with the following: a. Employees having less than five (5) years of service with the City: 3.6923 hours on a biweekly basis for time actually worked. b. Employees having more than five (5) years of service but less than ten (10) years of service with the City: 4.6154 hours on a biweekly basis for time actually worked. c. Employees having more than ten (10) years but less than fifteen (15) years of service with the City: 5.5385 hours on a biweekly basis for time actually worked. d. Employees having more than fifteen (15) years but less than twenty (20) years of service with the City: 6.4615 hours on a biweekly basis for time actually worked. e. Employees having over twenty (20) years of service with the City: 7.3846 hours on a biweekly basis for time actually worked. Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Executive Employees will be allowed to bank excess vacation accrual time for business necessity reasons only. Business necessity is defined as an urgent operational need requiring the employee's presence, as determined by the City Manager. Human Resources will send out an email reminder on a semi-annual basis reminding employees to routinely check their vacation balances online to determine if they are at a use or lose status. Bereavement Leave Each Executive employee shall receive the equivalent of their workweek per incident, as needed, for a death in his or her immediate family. Immediate family shall mean and include only the employee's spouse, children, step -children, parents, spouse's parents, grandparents, spouse's grandparents, brothers and sisters. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement be provided. Administrative Leave Effective July 1, 2017, the CEO shall receive a maximum of one hundred twenty-five (125) hours of administrative leave. Payouts for unused time is discretionary and can be paid out at any time during each fiscal year. All other Executive employees shall receive a maximum of one hundred twenty (120) hours of administrative leave each fiscal year. For all other Executive Page 4of13 Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 employees, unused time at the end of each fiscal year, June 30th, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Holidays All Executive employees are currently working on an alternate work schedule of four (4) days, ten (10) hours. While assigned to such work schedule, the following days shall be observed as holidays: January 1 st, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; December 24th; December 25th; and such other days as may be designated as holidays by motion of the City Council. If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating Holidays For each Executive employee working the 4/10 plan such employee will receive two (2) ten (10) hour days of floating leave, for a total of 20 hours. Holiday At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("Holiday Bank"). Each affected employee will also be credited with the above floating holidays. For Executive Employees working the four (4) day, ten (10) hour alternate work schedule, the holiday bank will be calculated at ten (10) hours per holiday. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. Compensation for Accrued Leave Time Notwithstanding the maximum accruals established for vacation, administrative leave and holiday bank, Executive employees may accrue up to a maximum of three (3) months of additional paid leave time composed of a combination of vacation, administrative leave and/or holiday bank time. Page 5 of 13 Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 Effective the first full pay period commencing on or afterJanuary 12, 2020, the City will eontribute$750.00 per month to each employee into a City sponsored defined contribution retirement plan. Page 6 of 13 Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 UNCLASSIFIED MANAGERS BENEFITS MATRIX ATTACHMENT B COST OF LIVING ADJUSTMENTS The following unadjusted base salary shall remain unchanged. No salary increases will be provided to Unclassified Managers for Fiscal Year 2020-21. 0% retroactive to the first full pay period of Fiscal Year 2020-21 INSURANCES/SUPPLEMENTAL WANE PAYMENTS Benefits Plan Effective the first full pay period commencing on or after July 1, 2017, the maximum amount of monies that are eligible for cash out shall be capped at $1,200 per month. Effective the first full pay period commencing on or after July 1, 2017, the City's contribution to medical and dental premiums shall be increased to $1,400 per month. The employee is required to maintain a minimum coverage for himself/herself in a plan of their choice unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for self, two (2) party or family coverage; 2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage; 3. Placement spread over a combination of the options listed above; 4. Elect to receive any excess monies in cash, which will be considered as taxable income; or 5. Elect to place the excess cash monies in a City provided deferred compensation program. Vision Plan Page 7 of 13 Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 Effective the first full pay period commencing on or after July 1, 2017, the City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $37.55 per month. If the premium exceeds the amount, then the employee shall be responsible to pay the difference in excess of$37.55. Life Insurance The City will provide term life insurance in the face amount of $60,000 effective April 6, 2016. The City will provide a supplemental life insurance program to enable employees to purchase additional life insurance at the employee's cost and no contribution from the City. Long -Term Disability and Short Term Disability The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Human Resources Office. Effective June 1, 1993, affected employees will be eligible to receive benefits commencing on the 31st day of non -work related injury or illness, and employees will be eligible to receive a maximum benefit of 66 2/3% of their current base salary up to a maximum of $5,000 per month. RETIREMENT Employees Hired Before January 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2.7% @ 55 retirement formula (Government Code §21354.4); 2. Single highest year final compensation (Government Code §20042); 3. .Military service credit as public service option (Government Code §21024); 4. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cents ($.93) per pay period (Government Code §21571); 5. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV; and 8. $500 Retired Death Benefits. In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member's retirement account. New CalPERS Members Hired On or After January 1. 2013 Page 8 of 13 Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2% at 62 formula (Government Code §7522.20); 2. Three (3) year average final compensation period (Government Code §20037); 3. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 4. Military Service Credit as Public Service (Government Code §21024); 5. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cent ($.93) per pay period (Government Code §21571); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. Employees will pay 50% of the normal cost, currently 5.5% member contribution to CalPERS; 8. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV; and 9. $500 Retired Death Benefits Retiree Health Benefit Plan for Employees Hired Before July 1, 2020: For all employees hired prior to July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code Section 22892(b). In addition, the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892(b) and the premium cost for retiree - only coverage in the retiree's chosen medical plan. Retiree Health Benefit Plan for Employees Hired on or After July 1, 2020: For all employees hired on or after July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CAPERS medical care plan, the City will pay only the minimum employer contribution to CalPERS that is required by Government Code section 22892(b). BILINGUAL PAY Effective the first full pay period commencing on or after July 1, 2017, the City agrees to increase the bilingual pay amount from one hundred dollars ($100.00) to one hundred fifty dollars ($150.00) per month to a persona who is capable of speaking, reading, writing and/or interpreting the language of Spanish, Chinese, Japanese, Vietnamese, Tagalog, and Signing. Qualifying test established by the City shall make determination of capability. Re -testing of individuals will be required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of "Good" or better will be eligible for bilingual pay. ELECTRONIC DEVICE MONTHLY ALLOWANCE Page 9 of 13 Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $100.00 per month to obtain and maintain access to personal electronic communication devices (smart phones, tablets, laptops, etc.) also used for City business. Ir WY Nei 1Y.11 4=101`1110WAI N�fy Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel :Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Each eligible employee shall elect his/her maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at 75% of the total value, with the timing and method of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave. Annual Sick Leave Incentive Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Bereavement Leave Each classification represented by the Association shall receive the equivalent of their workweek per incident, as needed, for a death in their immediate family. Immediate family shall mean and include only the employee's spouse, children, stepchildren, foster children, grandchildren, parents, grandparents, brothers, sisters, State Registered Domestic Partner and spouse's Parents and spouse's grandparents. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement is provided. Vacation Page 10 of 13 Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the appointing authority, use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in accordance with Subsections (a), (b), (c), (d) and (e), as stated below. a. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year) the maximum amount of vacation that may be accumulated shall be 192 hours. b. Employees having more than five (5) years of service but less than ten (10) years of employment (vacation accrual = 120 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. e. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 144 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. d. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. Employees having over twenty (20) years of employment (vacation accrual 192 hours per year). The maximum amount of vacation that may be accumulated shall be 384 hours. If the employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to and approval of the Department Head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his/her vacation or to avoid any conflicts. Business necessity is defined as an urgent operational need requiring the employee's presence, as determined by the Department Head, Human Resources .Manager and City Manager. Page 11 of 13 Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 Human Resources will send out an email reminder on a semi-annual basis reminding employees to routinely check their vacation balances online to determine if they are at a use or lose status. In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or accredited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Administrative Leave Effective the first pay period including July 1, 2017, each employee shall receive a maximum of sixty (60) hours of administrative leave with pay each fiscal year. The use of such leave shall be at the reasonable discretion of the employee. Unused time at the end of each fiscal year, June 30, will be paid during thefollowing month of July with said time being calculated at their then straight time hourly rate. Holidays For employees working a 4/10 plan, the following days shall be observed as holidays: January 1 st, the third Monday in February; the last .Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; December 24th; December 25th; and such other days as may be designated as holidays by motion of the City Council. If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating Holidays Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating leave, for a total of twenty (20) hours. Holiday Bank At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). Each affected employee will also be credited with the above floating holidays. The actual date for the use of such leave shall be subject to the approval of the Chief Executive Officer. This holiday bankleave can be used in hourly increments and combined with other leave. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. If an employee, because of business necessity, is not able to utilize accrued holiday bank hours, upon written request to, and approval of the Chief Executive Officer, the employee will be paid for any excess hours over his/her maximum holiday bank hours accrual. Each January 1, Page 12 of 13 Executive & Unclassified Managers Benefit Matrix Effective March 3, 2021 such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid not later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. City_ Hall One -Time Closure One-time City Hall closure: December 26 - 29, 2017; City to provide 20 hours of holiday time for December 27 and 28, 2017. Effective the first full pay period commencing on or after January 12, 2020, the City will contribute $150.00 per month to each employee into a City sponsored defined contribution retirement plan. Page 13 of 13 4 TO: Honorable Mayor and Members of the City Council HU�o FROM: Shannon Yauchzee, Chief Executive Officer ,N, , G 'ABRIELLaura J. Thomas, Human Resources/Risk Manager LLEYV DATE: March 3, 2021 SUBJECT: Approve an Industrial Disability Retirement (IDR) Claim for Kiyotake Isagawa CIIMMADV This report requests City Council's consideration and direction on the Determination of Disability for Kiyotake Isagawa as he has filed for an Industrial Disability Retirement (IDR). RECOMMENDATION Staff recommends that the City Council approve the IDR. BACKGROUND Mr. Isagawa submitted a request for an IDR with CaIPERS. Mr. Isagawa was a Police Officer who had been employed by the City of Baldwin Park since November 1, 2014. During his career, there were no active workers compensation claims on file prior to his claim on 06/03/2021. He filed for an orthopedic injury on 06/03/2021. Moreover, the City's third party administrator (TPA) confirmed that Mr. Isagawa has a permanent disability and the worker's compensation doctor assigned a 15% whole person impairment and the need for future medical care. Therefore, Mr. Isagawa's request for an IDR meets the appropriate criteria. In light of these facts, staff is requesting that City Council approve Mr. Isagawa's request. LEGAL REVIEW Legal Review is not required for this item. ALTERNATIVES The alternative is to deny Mr. Isagawa's IDR. ATTAC H M E NTS 1. Resolution No. 2021-011 RESOLUTION NO. 2021-011 RESOLUTION OF CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING AN INDUSTRIAL DISABILITY RETIREMENT (IDR) CLAIM WHEREAS, the City of Baldwin Park, (hereinafter, referred to as "Agency") is a contracting agency of the California Public Employees' Retirement System (CaIPERS): WHEREAS, the California Public Employees' Retirement Law requires that a contracting agency determine whether an employee of such agency, in employment in which he is classified as a local safety member, is disabled for purposes of the California Public Employees' Retirement Law and whether such disability is "industrial" within the meaning of such law: WHEREAS, an application for industrial disability retirement of orthopedic condition from Kiyotake Isagawa employed by the Agency in the position of Police Officer has been filed with CalPERS; and WHEREAS, the City Council of The City of Baldwin Park has reviewed the medical and other evidence relevant to such alleged disability. (1) Pursuant to the authority delegated to me by action of City Council of The City of Baldwin Park (hereinafter referred to as Agency) March 3, 2021 and pursuant to the authority under Government Code section 21173, after review of medical and other evidence relevant thereto, 1 hereby determine that Kiyotake Isagawa, a local safety member of the California Public Employees' Retirement System (CaIPERS) employed by the Agency, is incapacitated within the meaning of the California Public Employees' Retirement Law for performance of his duties in the position of Police Officer for his orthopedic condition. I hereby certify under penalty of perjury that this determination was made on the basis of competent medical opinion and was not used as a substitute for the disciplinary process. If the disciplinary process occurred before the member's separation from employment, all relevant personnel documents were forwarded to CaIPERS for determination of the member's eligibility for disability retirement and CaIPERS' determination that the member is eligible to apply for disability retirement was obtained prior to starting the process of determination. PASSED, APPROVED, AND ADOPTED this 3rd day of March 2021. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, MARLEN GARCIA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-011 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 3, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK SIM S ori!, .n DATE: �VYLLEY- a SUBJECT: .wANO ITEM NO. 5 Honorable Mayor and Members of the City Council Sam Gutierrez, Director of Public Work March 3, 2021 Accept Construction Improvements and Authorize the Filing of a Notice of Completion for City Project, CIP 20-97 Maine Avenue and Pacific Avenue Corridor Complete Streets Improvements, Phase II Project SUMMARY This report seeks City Council consideration for acceptance of the Maine Avenue and Pacific Avenue Corridor Complete Streets Phase II Project improvements. The item will close the construction contract and authorize the filing of a Notice of Completion (NOC) with the LA County Recorder's Office. This project was the City's second phase of "Complete Streets" improvements along Maine Avenue between Los Angeles Street and Pacific Avenue and Pacific Avenue between Downing Avenue to Ardilla Street (Southern City Limit). Improvements included construction of new sidewalk, curb extensions, bulb -outs, ADA accessible curb ramps, rain gardens with landscaping/irrigation, catch basin and water main relocations and street resurfacing. The project also constructed new infrastructure, including construction of the City's first prominent solar LED lit City -entry monument sign, dry wells for stormwater capture and storage, installation of audible pedestrian push buttons and installation of Class II bike lanes. RECOMMENDATION Staff recommends that Council: 1. Accept the construction improvements by Gentry Brothers, Inc. and authorize the recordation of a Notice of Completion for City Project No. CIP 20-97; and 2. Authorize the release of retention funds in the amount of $108,739.22 to Gentry Brothers, Inc. upon the expiration of 35 -day notice period. FISCAL IMPACT There is no impact to the General Fund. The total FY2019-20 and FY2020-21 approved CIP budget for the project is $2,577,178 detailed in the following table: Approved Funds Amount CIP 20-97 ATP Cycle 3 — Fund # 270-50-520-58100-15701 $1,068,000 Prop C Local Return (Programmed FY 2020-21 Funds) $262,204 Measure W — Fund # 258-50-520-58100-15701 $500,000 Measure M — Fund # 255-50-520-58100-15701 $52,500 LLMD — Fund # 251-50-520-58100-15701 $146,700 Prop A — Fund # 244-50-520-58100-15701 $72,100 AB939 — Fund # 246-50-520-58100-15701 $24,100 SB1 — Fund # 256-50-520-58100-15701 $451,574 Total Funding $2,577,178 Construction Costs Amount Construction Contract $2,103,204 Change Orders including quantity adjustments $71,580 Construction Engineering and Materials Testing $141,618 Total Construction Costs $2,316,402 BACKGROUND Through the collaborative efforts of the City and its community partners Maine Avenue and Pacific Avenue corridors were identified as priority locations that would benefit greatly by the implementation of the City's Complete Streets Policy, Living Streets Manual and Green Streets resolution. In October 2011, the City received its first grant for complete street improvements along the northern portion of the corridor between Los Angeles Street and Arrow Highway. The Grant was in the amount of $1,000,000 and included pedestrian and bicycle safety improvements through the Federal Safe Routes to School (SRTS) Program. In August 2014, the City was awarded a Grant in the amount of $2,201,000 through the Active Transportation Program (ATP), Cycle 1 call -for -projects for additional Complete Street improvements along the same route as the Federal SRTS Grant. On April 13, 2017, the City of Baldwin Park was informed thatthe California Transportation Commission (CTC) approved grant funding for the Maine Avenue and Pacific Avenue Corridor between Los Angeles Street and Ardilla Street (South City Limit) as part of the Southern California Association of Governments (SCAG) Regional Program of the 2017 ATP Cycle 3 call -for projects process. The grant in the amountof$1,068,000, was awarded forthe construction of Complete Street Improvements along the southern portion of the corridor. On March 18, 2020 City Council awarded a construction agreement to Gentry Brothers, Inc. in the amount of $2,103,204 for City Project No. CIP 20-097 — ATP Cycle 3, Maine and Pacific Avenue Complete Streets Improvements, Phase II to improve Maine Avenue from Los Angeles Street to Ramona Boulevard and Pacific Avenue from Downing Avenue. to South City Limits (SCL) to Ardilla Avenue. DISCUSSION This Project continued improvements completed in Phases 1A and 1B consisting of the installation of ADA compliant improvements, sidewalks, curb extension bulb -outs, accessible curb ramps, installation of dedicated Class 11 bike lanes, stormwater quality improvements (i.e. rain gardens), street landscape and irrigation improvements and roadway resurfacing. Additionally, the project included the installation of detectable warning surfaces where needed, planting trees and installation of bus stop amenities such as bus shelters and trash receptacles. Related and appurtenant work includes construction surveying, adjusting of sewer, storm drain and utility covers to finished grade, and traffic control. The total construction cost of the project is $2,174,784.44 which includes change orders addressing unforeseen and additional work items to complete the project. Change orders were executed for the installation of a solar lighting on the Monument center median, traffic signal modification at Maine Ave and Arrow Highway, Relocation of conflicting Storm drain lateral, additional installation of striping including a section of Maine Avenue from Ramona Boulevard to Downing Avenue, additional drainage features to address a flood condition (See Change Order Summary as shown). Change Order Summary No. Description Amount 1 Conduit Extension at traffic signals $10,800.00 2 Remove and Replace Traffic Signal Boxes $9,000.00 3 Braille Pedestrian Push Buttons Plate Upgrade $2,140.92 4 Raise Poles at Various Locations $1,780.22 5 Drainage Boxes $16,740.00 6 18 Inch RCP Storm Drain Lateral Replacement $30,000.00 7 Braille Ped Push Buttons Package $18,349.44 8 Striping per New Plan $18,935.80 9 Scrape Loose Petro Mat Material $5,000.00 10 Colored Concrete on Center Median $6,000.00 11 4 -Inch Drainage Pipe on Maine Ave and on Pacific Ave $7,040.00 12 Grate Drain on Maine Ave $2,200.00 13 Traffic Signal Modification $33,126.07 14 Monument Sign Changes $1,020.00 15 Install Caltrans Pole Foundation Type 15 TS $10,769.32 16 Up Lights at Monument Sin $23,800.00 17 Additional Bike Lane Striping $2,100.00 18 Repair Flood Condition at Pacific Ave and Vineland Ave $28,400.00 19 Various Field Quantities Adjustments balance sheet) $155,621.33) Total Amount $71,580.44 The project was completed below the construction contract budget with a total unspent amount of $206,775.56. To complete the project close-out, Staff recommends that the City Council accept the improvements and authorize staff to file a Notice of Completion with the Los Angeles County Recorder's Office. LEGAL REVIEW None Required. ATTACHMENTS 1. Notice of Completion RECORDING REQUESTED BY: CITY OF BALDWIN PARK When Recorded Return To: Name: CITY OF BALDWIN PARK Address 14403 East Pacific Avenue Baldwin Park CA 91706 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: N/A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: City Project No. CIP 20-97, Maine Avenue Complete Streets Improvements, Phase 2 for the City of Baldwin Park and was ACCEPTED by the City Council on: March 3, 2021. 2. The FULL NAME of the OWNER is City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706 4. A work of improvement on the property hereinafter described was COMPLETED on February 27, 2021 5. The work of improvement completed is described as follows: Maine Ave and Pacific Ave Complete Streets Improvements in the form of new bike lanes, bulb -outs, sidewalks, ADA Ramps, driveways, traffic signal modifications, bus stop improvements, new AC pavement, restriping, median Island with entry monument, landscaping with irrigation, rain gardens, dry well, planters, and storm drain improvements. 6. THE NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Gentry Brothers, Inc. 7. The street address or location of said property is Maine Avenue from Los Angeles Street to Pacific Avenue, Pacific Avenue from Downing Avenue to South Citv Limits in the Citv of Baldwin Park and intersection of Maine Avenue and Arrow H The undersigned, being duly sworn, is the Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. MI - MI - David David Lopez, Associate Engineer John John Beshay, Engineering Manager Date: Place of Execution: City of Baldwin Park, City Hall I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date Signature: Sam Gutierrez, Director of Public Works City of Baldwin Park, City Hall Place of Execution ,6'A'�EL 0� i��iLLEY n' SUMMARY ITEM NO. 6 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: March 3, 2021 SUBJECT: Approval of Purchase Order for On-call Striping and Pavement Marking Services This item seeks City Council consideration for the approval of a purchase order in the amount of $25,000 for as -needed pavement marking and striping services and RPM (Raised Pavement Markers) maintenance city-wide. The selected vendor, J&S Striping, has previously performed work for the City on an as -needed basis during the fiscal year. The completed work included striping and RPM replacement on various streets including, but not limited to, Los Angeles St, Merced Ave, Foster Ave, Maine Ave, Vineland Ave, and other residential streets as needed. The funds available for the purchase order were approved and budgeted in the City's FY2020-21 Operations Budget, however, the cumulative amount for previously performed work plus the estimated work under the proposed purchase order exceeds the spending limitations for a single vendor and requires City Council's approval. RECOMMENDATION It is recommended that the City Council: Approve purchase order requisition for J&S Striping in the amount of $25,000 for much- needed re -striping and RPM maintenance through the remainder of fiscal year 2020/2021; and 2. Authorize the Director of Finance to make the necessary budget transfers and adjustments; and 3. Authorize the Director of Public Works to prepare and process the purchase order requisition. FISCAL IMPACT There is no impact to the General Fund. The funds for the purchase order were approved in the various cost centers in the City's FY 2020-21 Operations and Maintenance budget. Purchase Orders and expenditures will total in the not -to -exceed amount of $25,000, as follows: Cost Center Amount 550 - Traffic Control Fund #240 —Acct. #240-50-550-51100-15705 $15,500.00 Fund #254 —Acct. #254-50-550-53371-15622 $5,000.00 551 — Street Maintenance Fund #240 —Acct. #240-50-551-51100-15705 $4,500.00 Total Cost of Purchase Order $25,000.00 BACKGROUND The Department of Public Works Traffic Control Maintenance Division currently performs a variety of tasks using in-house labor forces, which include painting traffic markers, sign & post installation, and painting red curb. As part of our routine maintenance, Line Striping, Pavement Marking services, and RPM maintenance is performed everyone to two years depending on nighttime reflectivity and daytime visibility. Due to the specialized nature and equipment for this work, the Public Works Department relies upon contract services. The City of Baldwin Park has over 3,000 street legends, a variety of Approval of Purchase Order for On -Call Pavement Marking Services pavement markings, and over 100 lane miles that require repainting for increased visibility and traffic safety. Every year, Public Works maintenance staff assesses the condition and reflectivity of City street striping, pavement markings, and RPMs. It is very important and necessary to have clear and visible striping and markings to ensure traffic safety, reduce driver uncertainty, reduce traffic accidents, and optimize driver's experience for City residents. During the assessment, Staff will prioritize which streets require re -striping and/ or RPM maintenance. DISCUSSION For the previously performed work, the selected vendor, J&S Striping, has been the lowest quoted and most cost effective for the needs of the City. The last three (3) requisitions for previous striping work totaling $24,999, J&S was able to install 3,330 RPMs and paint 105,654 linear ft. of striping. Public Works Staff has determined that certain streets still require re -striping and RPM replacement. This approved purchase order will allow us to complete this task and improve visibility of the driving public. The proposed streets for future re -stripe and/or RPM work include: • Garvey Ave. • Dalewood Ave • Francisquito Ave. • Other (smaller streets) In addition to re -stripe and RPM work, we will include pavement markings and limit lines if budget allows and when feasible. Most of the pavement markings are repainted on a schedule by Public Works staff. But at times, we may require supplementing our labor with contractual assistance to make sure the Zones are being completed in a timely manner. Table below shows quotes from three (3) perspective contractors based on striping and marking maintenance work along Francisquito Avenue. Based on these quotes the City has selected J&S Striping to provide services. Staff recommends that the City Council approve this item. Rank Contractors Quote for Services: 1 J&S Striping $6,791.00 2 Superior Pavement Markings $9,025.00 3 OC Striping $21,270.00 ENVIRONMENTAL REVIEW None LEGAL REVIEW Not required ATTAC H M E NTS 1. Purchase Order Requisition 2. Proposal/Contract 35744 Date: 2.10.21 Requisition #: Date Required: CITY OF BALDWIN PARK PURCHASE REQUISITION Vendor: J&S Striping Address: 1544 S. Vineyard Ave. Phone #: (909) 947-8073 ANNUAL PURCHASE ORDER FOR FY 2020/21 Ontario, CA 91761 Fax # P.O. #: Vendor #: Order Date: Item Qty Unit Catalog/Item NoJDescription Account No. Unit Price Total Amount Requisition for as -needed Line Striping and Raised Pavement Marker maintenance. 240.50.550.51100.15705 15,500.00 Selected vendor has been lowest bidder for the last two (2) quoted jobs. In addition, we 240.50.551.51100.15705 4,500.00 asked for quote for restripe and RPM replacement for Francisquito Ave limit to limit. 254.50.550.53371.15622 5,000.00 The total amount in this requisition will be utilized for restripe and RPM replacement on Francisquito Ave. We are also adding additional funds for smaller streets needing maintenance. The amount being requested in this purchase order, along with previous work done within Subtotal: 25,000.00 this fiscal year have surpassed the CEO's signatory limit and now requires Council Approval. Tax: Shipping: Total: 25,000.00 Please provide justification for purchase below: As -needed Line Striping and RPM maintenance. Line re -striping is performed on a yearly basis on heavily traveled streets. RPM maintenance is also necessary for increase visibility at night, ensures driver safety, reduces driver uncertainty, and improves driving experience. Quote is based on proposed work for Francisquito Ave only. Purchases exceeding $2,500 require three quotes. Please provide the information requested below. Justification required for Sole Source. Method: Vendors: Phone # or Web Address: Contact Person or Email: ® Telephone J&S Striping 626 947-8073 Robert Aragon ® Email Superior 714 995-9100 Raul Guzman Internet OC Striping ron ocstri in .com Ron Wilcox Other (Please provide explanation): Name of employee who obtained / received quotes: Anthony Vazquez Quotes: $ 6,791.00 $ 9,025.00 $ 21,270.00 Revised 6-27-2019 Division Head Approval: Department Head Approval: ($10,001.00 - $24,999.99 Requires CEO Approval) CEO Approval: Over $24,999.99 Requires City Council Approval) Superior Pavement Markings, Inc. v 5312 Cypress St ®rVEE�1Taement J�IJarkiryas Cypress, Ca 90630 Phone 714.995.9100 License# 776306 Exp 8/31/21 Fax 714.995.9400 Union Local 1184 Proposal & Contract 35744 DIR # 1000001476 Exp 6/30/22 City of Baldwin Park Anthony Vazquez -Office 626-960 Francisquito Avenue 13135 East Garvey Ave -3993 -Fax 626-337 Puente Ave To Ramona Blvd Baldwin Park, Ca 91706-1753•AVazquez@baldwinpark. Baldwin Park com Date: Estimator 2/23/21 Raul Guzman ©escri` tion m Q um__ Price - Repaint Striping And Replace Rpms (No Repainting Of Marking) 1 LS 6,200.00 Additive Alternate Remove Existing RPMs 1 LS 2,825.00 2,825.00 One week day mobilization is included. Additional mobilizations at $1,750.00 ea. A mobilization or Move -In is any work accomplished through consecutive shifts. If work is unavailable or not ready for Superior an additional mobilization charge will incur. Traffic control for Superior work areas during Superior work hours only. A Minimum Of 15 Working Days Is Required Prior To Each Move In. Quote Includes: Traffic Paint [YES] - Thermoplastic [NO] - Rpm's [YES] - Removals RPMS [ALT] - Signing [NO] Furnish Mast Arm Signs [NO] - Temp Striping [NO] For scheduling please contact the Daniel Garcia (714) 430-8801 or Scheduling@Superiorpavementmarkings.com Superior Pavement Markings, Inc. by: Total $9,025.00 All areas to be free and clear off ALL debris prior to Superior Pavement Markings' crews arriving on-site. All moves and job requirement are mentioned in notes- nothing is implied unless specifically noted. Not responsible for scheduling other sub's work or scheduling conflicts with other subs. We DOT NOT provide shop drawings of any type unless prior arrangements are made. Not responsible for removing temporary striping or temporary "tabs", tape or chip seal markers unless specifically noted. Signs on signal poles, overhead or truss structures not included unless specifically mentioned in proposal. Superior Pavement Markings is a union company and all jobs are bid using current union or prevailing wage rates. Acceptance of Proposal and Contract: I/we accept the within proposal. You are authorized to perform the work comprehended here under and Uwe agree to pay the said amount in accordance with the terms set forth. By signing this Proposal/Contract below I/we agree to the attached Terns and Conditions. Date: Owner/Customer: PLEASE SIGN AND REMIT THIS 1 PAGE DOCUMENT TO ABOVE ADDRESS. page 1 of 1 Print: 1544 S. Vineyard Ave Ontario, California 91761 (909) 947-8073 FAX: (909) 947-9489 Lic. No. 538211 CUSTOMER: Proposal & Contract 13118 BALDWIN PARK, CITY OF Proposal: 14403 PACIFIC AVE, FL 2 Date: 2//9/209/20 21 BALDWIN PARK, CA 91706-4226 Phone: (626) 960-4011 Attention: ANTHONY FAX. (626) 962-2625 I/we hereby agree to furnish all labor, material and equipment for the completion, in a good workman like manner, of the work described below: Job Address: BALDWIN PARK - FRANCISQUITO Item No. Description FRANCISQUITO LIMIT TO LIMIT 1 REPAINT EXISTING And REPLACE MARKERS Total : Quantity U/M UnitPrice Total Price 1.0 LS 6,791.000 6,791.00 $6,791.00 Total Proposal Price: $6,791.00 Special Conditions: 1 , The above price for painted striping and markings is based on one move -in. If this project requires additional moves, an additional charge of $950.00 per additional move will be added to the final invoice. 2. This quote includes (1) coat water based paint for all restriping. 3 . If contract bonding is required, ADD 2.5 % to this bid. A minimum price of $500.00 required for all bonds. 4 Excludes inspection or permit fees. 5 No retention to be taken. 6 . Prices are good through 06/30/2021. 7. DIR #1000006912, Expires 06/30/2022. ACCEPTANCE (By Owner, Agent, or General Contractor) I/we accept the within proposal. You are authorized to perform the work comprehended hereunder and I/we agree to pay the said amount in accordance with the terms set forth. All of the terms on the reverse side are incorporated herein and made a part hereof. J & S Striping BALDWIN PARK, CITY OF Date: Robert Aragon Accepted By: 1 112 % SERVICE CHARGE PER MONTH APPLIED TO ALL PAST DUE BALANCES. ALL QUOTES GOOD FOR 90 DAYS. Page 1 of 1 Proposal Submitted to: CITY OF BALDWIN PARK 13135 EAST GARVEY AVENUE BALDWIN PARK, CALIF. 91706 ATTN: ANTHONY VASQUEZ / FERNANDO RUBIO PROPOSAL ORANGE COUNTY STRIPING SERVICE, INC. 183 N. Pixley Street Orange, Calif. 92868 Contractor's License No. 346095 C-32 (714) 639-4550 FAX (714) 639-6353 Job Name and Location: LINING RESTRIPE AND MARKER R & R FRANCISQUITO - RAMONA BLVD. TO EAST CITY LIMITS Phone: 626-813-5255 Date: 2-22-21 Architect: AS INSTRUCTED (Date of Plans: CELL: FAX: We hereby submit specifications and estimates for: ITEM DESCRIPTION ESTIMATED UNIT EXTENDED QUANTITY UNIT PRICE AMOUNT RE -STRIPE ALL EXISTING LINING ONLY, REMOVE EXISTING REFLECTIVE PAVEMENT MARKER, RE -INSTALL PAVEMENT MARKERS IN-KIND AND PER CALTRANS SPECIFICATIONS. LUMP SUM ATTACHMENT: O.C.S.S. TERMS AND CONDITIONS INCLUDES: 1 MOBILIZATION, $1250.00 EA. ADDITIONAL TRAFFIC CONTROL FOR OUR WORK ONLY ALL RE -STRIPE IN 1 -COAT PAINT EXCLUDES: FILLING OF DIVOT LEFT BY THE REMOVAL OF EXISTING PAVEMENT MARKER. WE PROPOSE hereby to furnish material and labor -complete in accordance with above specifications, for the sum of: $21,270.00 TWENTY -ONE -THOUSAND TWO -HUNDRED SEVENTY DOLLARS"""""""""""""""""""-----------************---" 00/100 Payment to be made as follows: NET 30 DAYS ORANGE COUNTY STRIPING Authorized Signature Ron-WiCcox RON WILCOX NOTE: This proposal is void if not accepted within 60 days. ATTORNEYS FEES: If an action is filed by either party to enforce rights under this agreement, the prevailing party shall be entitled to recover a reasonable attorney's fee in addition to any other relief granted by the court. ACCEPTANCE OF PROPOSAL: The above prices, specifications and conditions are satisfactory and are hereby accepted. You are authorized to do the work as specified. Payment will be made as outlined above. Print Name Title ature of Acceptance Date d Std GBIEL ►� i TO: FROM: ITEM NO. 7 Honorable Mayor and Members of the City Council Ben Martinez, Director of Community Development Ron Garcia, City Planner DATE: March 3, 2021 SUBJECT: A Request to the City Council from the Planning Commission to Approve Development Agreement 21-01 to Permit non -extraction commercial manufacturing of adult and/or medical cannabis food edibles within an existing commercial baking facility located in the "I", Industrial Zone, pursuant to Section 153.210, Part 18 of the City's Municipal Code. (Location: 5018 Lante St.; Applicant: 6Viand; Case Number: DA 21-01) This report requests City Council consideration of approving Development Agreement 21-01 between the City of Baldwin Park and 6Viand Inc., to grant a cannabis permit to permit a non -extraction Cannabis manufacturing facility for the purpose of manufacturing edible cannabis products at 5018 Lante St. within the 1, Industrial Zone pursuant to Ordinance 1442. RECOMMENDATION Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1458, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A STATUTORY DEVELOPMENT AGREEMENT WITH 6VIAND, INC. FOR THE MANUFACTURING OF CANNABIS RELATED PRODUCTS AT THE REAL PROPERTY LOCATED AT 5018 LANTE ST. (APN 8413-004-023) WITHIN THE CITY OF BALDWIN PARK". FISCAL IMPACT The Development Agreement has a financial component that provides a positive fiscal impact to the City. Please refer to Article 5 of the Development Agreement for the specific financial details of the Agreement. CEQA In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined that the proposed Development Agreement, DA 21-01, will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, `Existing Facilities'. Furthermore, the proposed facility is within an existing building. BACKGROUND On July 18, 2019, the Planning Division received an application from the applicant requesting the consideration to reduce the distance requirement from 50 feet to 25 feet of an edible cannabis product manufacturing site, to a dwelling unit within a residential zone prescribed in Chapter 127: Medical and Adult Use Commercial Cannabis of the City's Municipal Code. In conjunction with the said request, the Planning Division recommended the Planning Commission consider and recommend approval to the City Council to amend Chapter 153. On October 23, 2019, the Planning Commission heard AZC 19-01 and approved resolution PC 19-18, recommending the City Council approve and adopt amendments to the City's Municipal Code Chapter 127 and Chapter 153 related to commercial cannabis use. On November 6, 2019, the City Council approved a Zoning Text Amendment (Ordinance 1443) to ensure consistency throughout the City's Municipal Code and a Municipal Code Text Amendment (Ordinance 1442) to reduce the distance requirement from 50 feet to 25 feet of an edible cannabis product manufacturing site. The second reading of the ordinances were held on November 20, 2019 and took effect on December 20, 2019. DISCUSSION The applicant owns and operates a wholesale bakery, which specializes in quality handmade baked goods. They have been operating in Baldwin Park since 2017 and have been in business for over a decade. They are considered to be a quality and professional business. The applicant indicated they currently employ (thirty-five) 35 employees, half of those current employees are Baldwin Park residents and expect to hire an additional fifteen (15) employees in the near future. The principal of Wand, Robert Gray is also the principal of the property ownership. The applicant is requesting to establish a non -extraction cannabis food edible manufacturing facility at its current commercial bakery location of 5018 Lante Street. Approval of the development agreement, will allow the applicant to convert its existing commercial bakery into a commercial cannabis bakery. All cannabis ingredients used will be delivered to the facility ready to use, and added to the process in the same manner as any other baking ingredient. There will be no on-site extraction. Staff expects that non -extraction manufacturing of foods and edibles is a process that will not emit any unusual odors, nor will it result in any increases in noise or traffic. The facility will operate in the same manner as a traditional commercial bakery. The Planning Division has reviewed the application to ensure its compliance with all requirements set forth in Ordinances 1442 and 1443. The location is within the required zone district and is at a distance greater than 600 feet from a school, childcare facility, youth center or park and is a distance greater than 25 feet from a dwelling unit within a residential zone. A certified survey was included in the application, at the request of staff for verification. The applicant is proposing to use approximately 9,638 square foot of 30,959 existing building floor area; thus meeting the maximum 22,000 square feet allowed by the Baldwin Park Municipal Code. The existing building is divided into two (2) stories. The interior of will undergo tenant improvements to modify the space for the purposes of isolating the area to be used for cannabis related activity. Further the cannabis based oils to be sued in the baking process will be held in a locked and secured freezer room. Oils will only be removed from secure storage at the time of a particular baking process, and only in the amounts needed to complete that particular project. According to the applicant's business plan, security will be updated to include additional interior security cameras and site patrols. As regulated by the City's Municipal Code, no outside signage will be permitted and no public visitation will occur as this business will not be open to the public. 2 PLANNING COMMISSION ACTION On February 10, 2021 the Planning Commission adopted Resolution 21-01 recommending approval to the City Council to adopt Ordinance 1458 and approve DA 21-01 to grant a cannabis license to a new non -extraction Cannabis manufacturing facility for the purpose of manufacturing edible cannabis products located at 5018 Lante Street within the 1, Industrial Zone pursuant to Ordinance 1442. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS #1 Exhibit "A", Development Agreement, DA 21-01 #2 Resolution PC 21-01 #3 Ordinance 1458 #4 Vicinity Map #5 Application #617indings of Fact DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND 6VIAND, INC. ARTICLE 1. PARTIES AND DATE. This parties are entering into a Government Code Statutory Development Agreement ("STATUTORY AGREEMENT") and is dated February _, 2021 forreferences purposes only and is entered into between (i) the City of Baldwin Park ("City"), a California municipal corporation, and (ii) 6VIAND, INC. ("Owner"). This Agreement shall become effective on the Effective Date defined in Section 3. 1.11 below. ARTICLE 2. RECITALS. 2.1 WHEREAS, the City and 6VIAND, INC. wish to enter into Statutory Municipal Development Agreement pursuant to the Government Code; and 2.2 WHEREAS, this Statutory Municipal Development Agreement is promulgated by or through the Government Code and contains necessary elements for a Statutory Government Code Development Agreement; and 2.3 WHEREAS, this Statutory Development Agreement is pursuant to Government Code and is intended to be a Statutory Agreement under and through Government Code Section 65864, et seq.; and 2.4 WHEREAS, the City is authorized pursuant to Government Code Section 65864 et seq. to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; and 2.5 WHEREAS, Owner commenced its efforts to obtain approvals and clearances to manufacture medical and/or adult use cannabis products in the City; and at that time the City determined that the uses authorized in this STATUTORY AGREEMENT were lawfully permitted and authorized to occur on Owner's Property, subject to Owner's acquisition of various entitlements, as discussed herein; and 2.6 WHEREAS, Owner voluntarily enters into this STATUTORY AGREEMENT and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the City, Owner has elected to execute this STATUTORY AGREEMENT as it provides Owner with important economic and development benefits; and 2.7 WHEREAS, this STATUTORY AGREEMENT and the Project are consistent with the City's General Plan and Zoning Code and applicable provisions of the City's applicable Zoning Map and the Baldwin Park Municipal Code as of the Agreement Date; and -1- 2.8 WHEREAS, all actions taken and approvals given by the City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and 2.9 WHEREAS, this STATUTORY AGREEMENT will eliminate uncertainty in planning and provide for the orderly development of the Project and/or Property, ensure progressive installation of necessary improvements, and provide for public services appropriate to the development of the Project; and 2.10 WHEREAS, in implementation of the promulgated state policy to promote private participation in comprehensive planning and to strengthen the public planning process and to reduce the economic risk of development, the City deems the implementation of this STATUTORY AGREEMENT to be in the public interest and intends that the adoption of this STATUTORY AGREEMENT be considered an exercise of the City's police powers to regulate the development of the Property during the Term of this Agreement; and 2.11 WHEREAS, this STATUTORY AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the City and the surrounding region and the City has specifically considered and approved the impact and benefits of the development of the Property in accordance with this STATUTORY AGREEMENT upon the welfare of the region; and 2.12 WHEREAS, Owner intends to develop a Cannabis Manufacturing Facility pursuant to the Baldwin Park Municipal Code ("BPMC") Chapter 127 and all applicable state laws, rules, and regulations; and 2.13 WHEREAS, concurrently with execution of this STATUTORY AGREEMENT, City acknowledges that Owner has been authorized to manufacture cannabis related products at its facility or facilities up to 22,000 square feet total (Manufacturing). ARTICLE 3. GENERAL TERMS. 3.1 Definitions and Exhibits. The following terms when used in this STATUTORY AGREEMENT shall be defined as follows: 3.1.1 "STATUTORY AGREEMENT" means this Statutory Development Agreement pursuant to Government Code Section 65864 et seq. -2- corporation. 3.1.2 "City" means the City of Baldwin Park, a California municipal 3.1.3 "Days" mean calendar days unless otherwise specified. 3.1.4 "Dedicate" means to offer the subject land for dedication and to post sufficient bonds or other security if necessary for the improvements to be constructed including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping. 3.1.5 "Development" If applicable, includes grading, construction or installation of public and private facilities and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the Term of this STATUTORY AGREEMENT on the Property. 3.1.6 "Development Approvals" If applicable, means and/or other entitlements for the Development of the Property, including any and all conditions of approval, subject to approval or issuance by the City in connection with Development of the Property. "Development Approvals" also include both the Existing Development Approvals and the Subsequent Development Approvals approved or issued by the City that are consistent with this STATUTORY AGREEMENT. 3.1.7 "Development Plan" If applicable, means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Development Approvals. 3.1.8 "BPMC" means the City of Baldwin Park Municipal Code. 3.1.9 "Effective Date" means the day this STATUTORY AGREEMENT is approved and adopted by the Baldwin Park City Council and signed by the Mayor of Baldwin Park or his designee. 3.1.10 "Existing Development Approvals" If applicable, means all Development Approvals approved or issued prior to or on the Effective Date. Existing Development Approvals include the approvals set forth in Section 3.1.6 and all other approvals which are a matter of public record prior to or on the Effective Date. 3.1.11 "Existing Land Use Regulations" If and where applicable, means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. -3- 3.1.12 "Land Use Regulations" If and where applicable means all ordinances, resolutions and codes adopted by the City governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.1.13 "Mortgagee" If applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors - in interest. 3.1.14 "Owner" means 6VIAND, INC., a corporation. 3.1.15 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other permits and entitlements, and inspection fees, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the City. 3.1.16 "Project" If applicable means the Development of the Property contemplated by the Development Plan, as such Development Plan may be further defined, enhanced, or modified pursuant to the provisions of this STATUTORY AGREEMENT. The Project shall consist of this STATUTORY AGREEMENT, the Development Plans, the application any and all entitlements licenses, and permits related to the Project. 3.1.17 "Property" means the real property described in Owner's application and incorporated herein by this reference. Owner may modify the location or locations or add locations to the Property subject to City Council approval and all applicable zoning and distance requirements up to a total of 22,000 square feet for the authorized use, Manufacturing. 3.1.18 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objectives of the STATUTORY AGREEMENT. 3.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to Owner under this STATUTORY AGREEMENT and reserved to the City as described in Section 4.4. -4- 3.1.20 "Space or Canopy Space" shall mean any space or ground, floor, or other surface area (whether horizontal or vertical) which is used during the manufacturing process, or any such space used for manufacturing cannabis products no matter where such manufacturing may take place or such manufacturing space may be located. 3.1.21 "Subsequent Development Approvals" If applicable, means all future discretionary approvals and all ministerial Development Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Development Approvals include, but are not limited to, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as Owner may choose consistent with the Development Plan and this STATUTORY AGREEMENT. 3.1.22 "Subsequent Land Use Regulations" If applicable, means any Land Use Regulations defined in Section 3.1.12 that are adopted and effective after the Effective Date of this STATUTORY AGREEMENT. 3.2 Documents. The following documents, by this reference, are made part of this STATUTORY AGREEMENT: No. 1 — Legal Description of the Property. No. 2 — Map showing Property and its location. No. 3 — Application to the City for Manufacturing Permit 3.3 Binding Effect of STATUTORY AGREEMENT. The Property is hereby made subject to this STATUTORY AGREEMENT. Subject to Owner's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this Agreement, be carried out only in accordance with the terms of this STATUTORY AGREEMENT and the Development Plan, if any. In the event of conflict or uncertainty between this STATUTORY AGREEMENT and the Development Plan, the provisions of this STATUTORY AGREEMENT shall control. 3.4 Ownership of Property. Owner represents and covenants that it has a legal or equitable interest in the Property, which has an Assessor's Parcel Number of 8413- 004-023 and is more particularly described in the application and document "No. 1" in Section 3.2 and incorporated herein. 3.5 Term. The parties agree that the Term of this STATUTORY AGREEMENT shall be fifteen (15) years commencing on the Effective Date subject to the written -5- extension and early termination provisions described in this STATUTORY AGREEMENT. Upon termination of this STATUTORY AGREEMENT, this STATUTORY AGREEMENT shall be deemed terminated and of no further force and effect, except terms that are expressly stated in this STATUTORY AGREEMENT to survive termination without the need of further documentation from the parties hereto. The STATUTORY AGREEMENT's Mitigation Fee(s) are subject to renegotiation after the first five years, and every five years thereafter. The increase after the first five years will not exceed five percent (5%) of the original agreement. 3.5.1 Term Extension. This STATUTORY AGREEMENT may be extended by mutual written agreement of City and Owner in writing and signed by Owner and the Mayor of Baldwin Park. If the Mayor of Baldwin Park does not sign the agreement or renegotiated agreement, any such agreement is null and void. 3.6 Automatic and Immediate Termination. This STATUTORY AGREEMENT shall automatically and immediately terminate (without any hearing or opportunity to be heard) upon the occurrence of any of the following events: (i) Expiration of the Term of this STATUTORY AGREEMENT as set forth in Section 3.5; (ii) The entry of a final judgment (or a decision on any appeal therefrom) voiding the City's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the City is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal. (iii) Failure to timely pay any fees or monies to the City. Failure to timely pay the $50,000 towards the police fee. Failure to timely pay $15,000 fee. Failure to pay any fees due to the City under the STATUTORY AGREEMENT. If fees are not paid on time pursuant to this STATUTORY AGREEMENT, the City may terminate this STATUTORY AGREEMENT without any need for a hearing and without any opportunity to be heard by anyone. Accordingly, Article 8 "Defaults and Remedies" and Section 7.3 (Review Hearing) do not apply to a failure to pay fees because the City may terminate immediately and automatically for failure to pay fees and no opportunity to cure and no opportunity to be heard is available for failure to pay fees. (iv) Failure to move forward in a timely way and in good faith to obtain all necessary permits and approvals and to timely get a Certificate of Occupancy and begin operating your business. In no event shall the Certificate of Occupancy take longer than one year to acquire from the date the Mayor signs the STATUTORY AGREEMENT. If the Certificate of Occupancy is not acquired within the 12 months described in this section, the STATUTORY AGREEMENT may be automatically and immediately terminated with no further notice. If Owner fails to move forward in a timely way to get a Certificate of Occupancy then pursuant to this STATUTORY AGREEMENT, the City may terminate this STATUTORY AGREEMENT without any need for a hearing and without any opportunity to be heard by anyone. Accordingly, Article 8 "Defaults and Remedies" and Section 7.3 (Review Hearing) do not apply to a failure to timely obtain all necessary In permits and approvals in order to get a Certificate of Occupancy because the City may terminate immediately and automatically for such failures. (v) Regulatory and/or Bureaucratic Delays will not trigger the automatic termination in this Section. 3.6.1 Effect of Termination. Termination of this STATUTORY AGREEMENT shall constitute termination of all land use entitlements and permits approved for the Owner and/or Property. Upon the termination of this STATUTORY AGREEMENT, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this STATUTORY AGREEMENT which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this STATUTORY AGREEMENT. 3.7 Notices. 3.7.1 Notice Defined. As used in this STATUTORY AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment, or other communication required or permitted hereunder. 3.7.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or (ii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or (iv) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows: If to the City: Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to Owner: Robert Gray 6VIAND, Inc. 5018 Lante Street Baldwin Park, CA 91706 -7- 3.7.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.8 Validity of this STATUTORY AGREEMENT. Owner and the City each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this STATUTORY AGREEMENT. The parties acknowledge and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this STATUTORY AGREEMENT violates federal or state law, with respect to all federal, state, and local statutes, ordinances, or regulations in effect as of the Effective Date. 3.9 Fee. Fee means the amount(s) set by the City or negotiated with or by the Owner, to provide City commensurate benefit based on a private benefit conferred upon Owner. Fee shall include City's cost to research cannabis and cannabis laws and regulations, draft cannabis ordinance, conduct public meetings, negotiate development agreements, process applications, and any other acts taken by the City in furtherance of medical and adult commercial use of cannabis in the City. ARTICLE 4. DEVELOPMENT OF THE PROPERTY. 4.1 Right to Develop. Owner shall, subject to the terms of this STATUTORY AGREEMENT, develop the Property or Properties with a commercial cannabis facility in accordance with and to the extent of the Development Plan and/or application. The Property shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan and/or application. 4.2 Effect of STATUTORY AGREEMENT on Land Use Regulations. Except as otherwise provided by this STATUTORY AGREEMENT, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Development Plan and/or application. Provided, however, that in approving tentative subdivision maps, if any, the City may impose ordinary and necessary dedications for rights-of-way or easements for public access, utilities, water, sewers, and drainage, having a nexus with the particular subdivision; provided, further, that the City may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of Owner's obligations thereunder. 4.3 Changes to Project. The parties acknowledge that changes to the Project or Development Approvals may be appropriate and mutually desirable, including but not limited to expanding the Project to additional properties up to 22,000 square feet per authorized use. The City shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as -8- otherwise provided by this STATUTORY AGREEMENT. If approved in writing by the City Council, any such change in the Existing Development Approvals shall be considered an additional Existing Development Approval. 4.4 Reservations of Authority. Any other provision of this STATUTORY AGREEMENT to the contrary notwithstanding, the Development of the Property shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics: (i) Processing Fees imposed by the City to cover the estimated or actual costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City's lawful expenses attributable to such applications, processing, permitting, review, and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection, or entitlement are granted or conducted by the City. (ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the City. (iv) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided in this STATUTORY AGREEMENT; (b) That such regulations apply uniformly to all newdevelopment projects of the same uses within the City; and (v) Regulations that do not conflict with the Development Plan. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Development Plan, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of Development of the Project, the maximum height and size of proposed buildings on the Property, provisions for Dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this STATUTORY AGREEMENT, and standards for design, development and construction of the Project; (b) do not prevent Owner from obtaining any Subsequent Development Approvals, including, without limitation, all necessary approvals, permits, certificates, and In the like, at such dates and under such circumstances as Owner would otherwise be entitled by the Development Plan; or (c) do not prevent Owner from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as Owner would otherwise be entitled to do so by the Development Plan. (vi) The City shall not be prohibited from applying Project Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the City be prohibited from denying or conditionally approving any Subsequent Development applications on the basis of such subsequent Land Use Regulations. 4.5 Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the City possess authority to regulate aspects of the STATUTORY AGREEMENT and development of the Property separately from or jointly with the City, and this STATUTORY AGREEMENT does not limit the authority of such other public agencies. The City and Owner shall reasonably cooperate with other public agencies processing Development Approvals for the Project. 4.6 Tentative Subdivision Map and Development Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of fifteen (15) years, and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.) All Development Approvals shall not expire if Owner commences substantial construction of the Project within one (1) year from the Effective Date of this STATUTORY AGREEMENT. "Substantial Construction" means the issuance of a building permit in furtherance of the Project. 4.7 Satisfaction of Conditions of Approval. Owner shall comply with all county and state laws and City ordinances and regulations and any and all conditions of approval for any entitlement, permit, or license it receives from the City, state, county, and Health and Fire Departments. 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, Owner shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this STATUTORY AGREEMENT. 4.9 City Records Inspection. Owner acknowledges and agrees that the City is empowered to examine Owner's books and records, including tax returns. The City has the power and authority to examine such books and records at any reasonable time, including but not limited to, during normal business hours. If the City wishes to inspect the areas of the Property where the cannabis is being manufactured, City may do so at any time with 24 hours prior notice to Owner except in exigent circumstances or when the City reasonably believes a crime is being committed on the premises. If there are exigent circumstances or the City reasonably believes a crime is being committed on the premises, then the City may inspect with no notice whatsoever. In addition, City agrees -10- that all of its employees or agents which enter the manufacturing areas shall follow all of the policies and guidelines imposed on Owner's employees, including without limitation, the wearing of any clothing or equipment to insure that no pests or impurities shall enter the manufacturing areas. 4.10 The City may do non -record inspections without notice at anytime. ARTICLE 5. PUBLIC BENEFITS. 5.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs and adverse affects which will not be fully met by the Development Plan and further acknowledge and agree that this STATUTORY AGREEMENT confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the negative impacts on the City, and private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 5.2 For the first five years, Owner will pay the City a total of $220,000 as a Mitigation Fee. This fee is calculated based on $10.00 a square foot of permit space and a permit which allows up to a total of 22,000 sq. feet total for manufacturing. After the first five years of this STATUTORY AGREEMENT, the City may renegotiate the Mitigation Fee referenced in this section. 5.3 INTENTIONALLY BLANK •\-_ 1012 5.5 The Mitigation Fee schedule is as follows: The first Mitigation Fee payment of $110,000 is due six months after the business is issued a permit for manufacturing cannabis products, subject to the limitations stated in this Section. The second payment of $110,000 is due 6 months after the first payment in year one. In years 2 to 15, the first payment of $110,000 is due one year after year one's first payment and the second year's second payment is due one year after year one's second payment. The same schedule of payments will be made for years 3 to 15. 5.6 The Mitigation Fee is subject to reassessment by the City every five years. At the end of year five, the City will set a new Mitigation Fee which will be applied in years 6 through 10. At the end of year 10, the City will set new Mitigation Fee which will be applied in years 11 through 15. No one factor is dispositive in the City's determination of the new Mitigation Fee. The Cannabis permit will expire at the close of the 15th year and will require the Owner to reapply with the City for a new permit. If Owner and City cannot agree to a new Mitigation Fee or Mitigation Fees by the end of the first five years, this STATUTORY AGREEMENT will automatically terminate after the first five year period ends. The increase after the first five years will not exceed five percent (5%) of the original agreement. No other fee increase limits are contemplated by this Agreement. -11- 5.7 Further, Owner will pay a yearly payment of $50,000 to the City that can be used to mitigate the impact of the cannabis business on the City and its resources which includes but is not limited to, to use to pay a part of a police officer's salary and/or benefits. This $50,000 amount will be due thirty working days after the STATUTORY DEVELOPMENT AGREEMENT is signed by the Mayor. Subsequent annual payments will be due on that anniversary date. This $50,000 fee will be paid each year that the permit is valid. 5.8 Jobs and Wage Creation. 5.8.1 Local Hiring. Owner agrees to use its reasonable efforts to hire qualified City residents for jobs at the Project. Owner shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the City or who employ a significant number of City residents. At least 10 percent of the Project's workforce shall consist of residents of the City. Job announcements shall be posted at City Hall, along with proof that the job announcements were advertised in at least two newspapers published, printed, or distributed in the City and on various social media sites accessible to the general public. In addition, Owner shall make a good faith effort to advertise job announcements at local job fairs, on local radio and through public agencies and organizations. 5.9 Development Agreement Administrative Fee Deposit. Owner shall be responsible for all of the City's actual costs associated with processing Development Approvals for the Project including, but not limited to, costs associated with the City's review and processing of the Project, including but not limited to reviewing the Project's entitlements, including all environmental clearance documents, permits, licenses and all documents evidencing compliance with state and local law. Upon approval of the STATUTORY AGREEMENT, within five business days of approval, Owner must deposit $15,000 with the City for the purpose of reimbursing the City for any associated costs with processing the Project, as detailed above, and reimbursing the City for its actual costs incurred in drafting and processing this STATUTORY AGREEMENT. Owner will be liable for the City's actual costs incurred in processing future Development Approval applications. City acknowledges and agrees that this payment is not merely a deposit, but is a cap on the amount of the City's actual costs incurred in processing this STATUTORY AGREEMENT. ARTICLE 6. DISTRIBUTION AND TRANSPORTATION 6.1 Transportation of Cannabis. All pick ups and drop offs of cannabis and cannabis products into and out of the City of Baldwin Park shall be by a licensed distributor. Owner shall not, on its own or through any person or entity, arrange for pick ups or drop offs of cannabis or cannabis products into or out of the City of Baldwin Park for any purpose, except by a licensed distributor. 6.2 Distribution of Cannabis. Owner shall distribute its cannabis and cannabis products only through a licensed distributor. Owner shall cooperate fully with the distributor regarding the accounting for product, revenue, and tax collection. -12- 6.3 Owner and any licensed distributor shall reach their own agreement regarding fees for the distributor's services. ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The City Council shall review this STATUTORY AGREEMENT annually, on or before each anniversary of the Effective Date, in order to ascertain Owner's good faith compliance with this STATUTORY AGREEMENT. During the periodic review, Owner shall be required to demonstrate compliance with all the terms of the STATUTORY AGREEMENT. 7.2 Special Review. The City Council may order a special review of compliance with this STATUTORY AGREEMENT at any time, if the City reasonably believes that Owner is in breach of this STATUTORY AGREEMENT. 7.3 Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this STATUTORY AGREEMENT, the City Council may terminate this STATUTORY AGREEMENT notwithstanding any other provision of this STATUTORY AGREEMENT to the contrary, or modify this STATUTORY AGREEMENT and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review. This Section 7.3 does not apply to failure to pay fees and does not apply to failure to move forward in a timely way to get all necessary permits, licenses, and a Certificate of Occupancy. 7.4 Certificate of Compliance. If, at the conclusion of a periodic or special review, the City Council determines that Owner is in compliance with this STATUTORY AGREEMENT, the City shall issue a Certificate of Compliance ("Certificate") to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the City Council, that (i) this STATUTORY AGREEMENT remains in effect and (ii) Owner is not in default. The City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City Council, regardless of whether or not the Certificate is relied upon by assignees or other transferees or Owner. 7.5 Failure to Conduct Review. The City's failure to conduct a periodic review of this STATUTORY AGREEMENT shall not constitute a breach of this STATUTORY AGREEMENT. 7.6 Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by the City. The Owner is not liable for any costs associated with any City periodic review of this STATUTORY AGREEMENT. The Owner is not liable for costs incurred for reviews. 7.7 Inspections. The City has the right to inspect the premises at any time with -13- 24 hours' notice to Owner in writing except in exigent circumstances or if the City reasonable believes a crime is being committed. In that case, no notice whatsoever is required. If Applicant does not allow free and immediate access to its facilities when the City requests an inspection, it is a violation of this STATUTORY AGREEMENT. ARTICLE 8. DEFAULTS AND REMEDIES. 8.1 Remedies in General. It is acknowledged by the parties that the City would not have entered into this STATUTORY AGREEMENT if it were to be liable in damages under this STATUTORY AGREEMENT, or with respect to this STATUTORY AGREEMENT or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure, or delay by either party to perform any term or provision of this STATUTORY AGREEMENT shall constitute a default. In the event of alleged default or breach of any terms or conditions of this STATUTORY AGREEMENT, the party alleging such default or breach shall give the other party thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this STATUTORY AGREEMENT through any state court, except that the City shall not be liable in monetary damages, unless expressly provided for in this STATUTORY AGREEMENT, to Owner, to any mortgagee or lender, or to any successors in interest of Owner if successors in interest are permitted under this STATUTORY AGREEMENT or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest, if successors in interest are permitted under this STATUTORY AGREEMENT, to the Property or any portion thereof, not to sue for damages or claim any damages: (i) For any breach of this STATUTORY AGREEMENT or for any cause of action which arises out of this STATUTORY AGREEMENT; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this STATUTORY AGREEMENT, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or request for a permit for manufacturing and/or distribution (if available) or interpretation or effect of the provisions of this STATUTORY AGREEMENT. Owner hereby agrees to waive and/or release the City of Baldwin Park for any claim or claims or cause of action, not specifically and expressly reserved herein, which Owner may have at the time of execution of STATUTORY AGREEMENT relating to any application to the City of Baldwin Park including but not limited to, any application for any type of distribution (if available), or manufacturing permit, any application for any -14- distribution (if available), or manufacturing rights, or any application for any distribution (if available), or manufacturing license from the City of Baldwin Park. CALIFORNIA CIVIL CODE SECTION 1542 The Owner expressly acknowledges that this STATUTORY AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at the time of execution hereof, that this STATUTORY AGREEMENT contemplates the extinguishment of any such Claim or Claims. The Owner specifically acknowledges and waives and releases the rights granted to Owner under California Civil Code Section 1542, which states as follows: " A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." By expressly waiving the rights granted to Owner under California Civil Code Section 1542, the Owner represents that they understand and acknowledge that if they have suffered any injury, damage as a result of the application for or request for any permit from the City of Baldwin Park and (i) they are not presently aware of any damage or injury, or (ii) any damage or injury has not yet manifested itself, any claims for any such damage or injury are forever released and discharged. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the City and its officials, officers, agents, and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, Owner's remedies shall be limited to those set forth in this Section 8.1, Section 8.2, and Section 8.3 except for those in Section 3.6. 8.2 Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non - monetary relief are particularly appropriate remedies for the enforcement of this STATUTORY AGREEMENT and should be available to all parties for the following reasons: (i) Except as provided in this agreement, money damages are -15- unavailable against the City. (ii) Due to the size, nature, and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this STATUTORY AGREEMENT has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this STATUTORY AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this STATUTORY AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. 8.3 Termination of STATUTORY AGREEMENT for Default of the City. Owner may terminate this STATUTORY AGREEMENT only in the event of a default by the City in the performance of a material term of this STATUTORY AGREEMENT and only after providing written notice to the City of default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default 8.4 Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by the City to be in default of the terms and conditions of this STATUTORY AGREEMENT until such default thereafter is cured by Owner or is waived by the City. If the City terminates this STATUTORY AGREEMENT because of Owner's default, then the City shall retain any and all benefits, including money or land received by the City hereunder. ARTICLE 9. THIRD PARTY LITIGATION. 9.1 General Plan Litigation. The City has determined that this STATUTORY AGREEMENT is consistent with its General Plan. Owner has reviewed the General Plan and concurs with the City's determination. The City shall have no liability under this STATUTORY AGREEMENT or otherwise for any failure of the City to perform under this STATUTORY AGREEMENT, or for the inability of Owner to develop the Property as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this STATUTORY AGREEMENT or any of the City's actions in adopting it were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that any STATUTORY AGREEMENT or any Development Approval is unenforceable based upon federal, state, or local statutes, ordinances, or regulations in effect on the Effective Date. so 9.2 Hold Harmless Agreement. Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner's contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. 9.3 Indemnification. Owner shall defend, indemnify and hold harmless City and defend its agents, officers and employees against and from any and all liabilities, demands, lawsuits, claims, government claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which the City or its City Council members may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this STATUTORY AGREEMENT and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) if applicable, the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; and (iii) the proceedings or procedure undertaken in connection with the adoption or approval of any permit any of the above. In the event of any legal or equitable action or other proceeding instituted by anyone against the City or its City Council, any third party (including a governmental entity or official) challenging the validity of any provision of this STATUTORY AGREEMENT or the procedure upon which the permit was issued, or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at is sole option, may tender to Owner and Owner agrees to accept any such tender of the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City may do so in its sole discretion and Owner will be required to pay the defense costs of the City as the costs are incurred. Owner agrees to pay any and all attorneys' fees or retainer regarding the selection of counsel, and Owner shall pay all costs and all attorneys' fees related to retention of such counsel. 9.4 Environmental Contamination. Owner shall indemnify and hold the City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of the Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or -17- about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, the City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such claim, action or proceeding. The provisions of this Section 9.4 do not apply to environmental conditions that predate Owner's ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit, or modify any of Owner's statutory or equitable obligations as an owner or seller of the Property. 9.5 The City May Choose its Own Counsel. With respect to Sections 9.1 through 9.4, the City reserves the right to select its own special counsel or otherwise engages special counsel to defend the City hereunder, which fees will be paid fully by Owner. 9.6 Accept Reasonable Good Faith Settlement. With respect to Article 9, the City shall not reject any reasonable good faith settlement. Before accepting any such settlement offer, City shall notify Owner of the offer and provide Owner with a copy of the offer. If Owner disagrees with the City's intention to accept the offer, prior to the City's response to any offer, the parties shall meet and confer in order to attempt to resolve the parties' differences. If the City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and the City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 9.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner andthe City expressly agree that this Section 9.6 does not apply to any settlement that requires an exercise of the City's police powers, limits the City's exercise of its police powers, or affects the conduct of the City's municipal operations. 9.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal, or civil actions initiated or served by either the Federal Government or the State Government in connection with Owner's development, operation and use of the Property (collectively, "Actions"). The City shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this STATUTORY AGREEMENT absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice". If any Action is brought by either the Federal or State Government, City shall immediately notify Owner of the nature of the Claim including all correspondence or documents submitted to the City. Prior to responding to the Governmental Notice, City shall provide Owner ten (10) days from the date of such notice subpoena or the like to serve and obtain on the City a protective order, or the like, from a court of competent jurisdiction. 9.8 Survival. The provisions of Sections 9.1 through 9.7 inclusive, shall survive the termination or expiration of this STATUTORY AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated. so ARTICLE 10. THIRD PARTY LENDERS, ASSIGNMENT & SALE. 10.1 Encumbrances. The parties hereto agree that this STATUTORY AGREEMENT shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. 10.2 Lender Requested Modification/Interpretation. The City acknowledges that the lenders providing such financing may request certain interpretations and modifications of this STATUTORY AGREEMENT and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this STATUTORY AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit City's rights under this STATUTORY AGREEMENT. 10.3 Assignment/Transfer/Sale. No assignment, transfer or sale of this permit is permitted without prior City Council approval. Any sale, transfer, or assignment of this permit without City Council approval is a breach of this Agreement. ARTICLE 11. MISCELLANEOUS PROVISIONS. 11.1 Entire Agreement. This STATUTORY AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly contained herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this STATUTORY AGREEMENT, provided, however, City at its option may rely on statements by Owner's agents at the public hearings leading to the City's approval of the project or on written documents by Owner's agents that are a part of the public record. 11.2 Severability. If any term, provision, covenant, or condition of this STATUTORY AGREEMENT shall be determined invalid, void, or unenforceable, by a court of competent jurisdiction, the remainder of this STATUTORY AGREEMENT shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this STATUTORY AGREEMENT. The foregoing notwithstanding, the provision of the public benefits set forth in Article 5, including the payment of the fees setforth therein, are essential elements of this STATUTORY AGREEMENT and the City would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void, or unenforceable, at the City's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the development -19- rights set forth in Article 4 of this STATUTORY AGREEMENT are essential elements of this STATUTORY AGREEMENT and Owner would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at Owner's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. 11.3 Interpretation and Governing Law. This STATUTORY AGREEMENT and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California without regard to principles of conflicts of laws. This STATUTORY AGREEMENT shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this STATUTORY AGREEMENT, since all parties were represented by counsel in the negotiation and preparation hereof. 11.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this STATUTORY AGREEMENT. 11.5 Singular and Plural; Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity. 11.6 Time of Essence. Time is of the essence in the performance of the provisions of this STATUTORY AGREEMENT as to which time is an element. 11.7 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this STATUTORY AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this STATUTORY AGREEMENT thereafter. 11.8 No Third Party Beneficiaries. The only parties to this STATUTORY AGREEMENT are Owner and the City. This STATUTORY AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third party beneficiaries and this STATUTORY AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 11.9 This STATUTORY AGREEMENT when signed and executed by Owner and the Mayor of Baldwin Park supercedes any previous agreements and renders them null and void. -20- 11.10 INTENTIONALLY BLANK 11.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 11.12 Counterparts. This STATUTORY AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 11.13 Jurisdiction and Venue. Any action at law or in equity arising under this STATUTORY AGREEMENT or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this STATUTORY AGREEMENT shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. 11.14 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this STATUTORY AGREEMENT. No partnership, joint venture or other association of any kind is formed by this STATUTORY AGREEMENT. The only relationship between the City and Owner is that of a government entity regulating the development of private property and the owner of such property. 11.15 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this STATUTORY AGREEMENT and the satisfaction of the conditions of this STATUTORY AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this STATUTORY AGREEMENT to carry out the intent and to fulfill the provisions of this STATUTORY AGREEMENT or to evidence or consummate the transactions contemplated by this STATUTORY AGREEMENT. 11.16 Eminent Domain. No provision of this STATUTORY AGREEMENT shallbe construed to limit or restrict the exercise by the City of its power of eminent domain. 11.17 Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then Owner shall file, upon its execution of this STATUTORY AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this STATUTORY AGREEMENT, a designation of a natural person residing in the State of California, giving -21- his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this STATUTORY AGREEMENT, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon Owner. Owner is amenable to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto. 11.18 Authority to Execute. The person or persons executing this STATUTORY AGREEMENT on behalf of Owner warrants and represents that he/she/they have the authority to execute this STATUTORY AGREEMENT on behalf of his/her/their corporation, partnership or business entity and warrants and represents that he/she/they has/have the authority to bind Owner to the performance of its obligations hereunder. Owner shall each deliver to City on execution of this STATUTORY AGREEMENT a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this STATUTORY AGREEMENT and naming the officers that are authorized to execute this STATUTORY AGREEMENT on its behalf. Each individual executing this STATUTORY AGREEMENT on behalf of his or her respective company or entity shall represent and warrant that: (i) The individual is authorized to execute and deliver this STATUTORY AGREEMENT on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and (ii) This STATUTORY AGREEMENT is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The execution and delivery of this STATUTORY AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 11.19 Nexus/Reasonable Relationship Challenges. Owner agrees that the fees imposed are in fact reasonable and related to the mitigation of the negative impacts of the business on the City and consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this STATUTORY AGREEMENT including, without limitation, any claim that the terms in this STATUTORY AGREEMENT constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, and/or impose an unlawful tax. -22- 11.20 [RESERVED] 11.21 No Money Damages Relief Against the City. The parties acknowledge that the City would not have entered into this STATUTORY AGREEMENT had it been exposed to damage claims from Owner, or anyone acting on behalf of Owner for any breach thereof. As such, the parties agree that in no event shall Owner, or Owners' partners, or anyone acting on behalf of Owner be entitled to recover money damages against City for breach of this STATUTORY AGREEMENT. 11.22 Laws. Owner agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, Owner further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, Owner agrees to comply with all applicable provisions of BPMC. 11.23 Compliance with Conditions of Approval. Owner agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the City. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 11.24 The City acknowledges that this STATUTORY AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this STATUTORY AGREEMENT shall govern the conduct of the property under such future regulations. (SIGNATURES FOLLOW ON NEXT PAGE) -23- IN WITNESS WHEREOF, the parties hereto have caused this STATUTORY AGREEMENT to be executed as of the dates written above. CITY OF BALDWIN PARK By: Emmanuel J. Estrada, Mayor ATTEST: By: Marlen Garcia, City Clerk APPROVED AS TO FORM: M Robert N. Tafoya, City Attorney -24- 6VIAND, INC. By: Robert Gray Its: By: Legal Counsel for 6VIAND, INC. RESOLUTION PC 21-01 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL ADOPT ORDINANCE 1458 AND APPROVE DEVELOPMENT AGREEMENT 21-01 TO PERMIT THE NON -EXTRACTION MANUFACTURING OF ADULT AND/OR MEDICINAL CANNABIS FOOD EDIBLES AT 5018 LANTE STREET (LOCATION: APN: 8413-004-023; APPLICANT 6VIAND INC.; CASE NUMBER: DA 21-01). WHEREAS, an application, CAN 19-02, was received from 6Viand Inc. ("applicant") at 5018 Lante Street ("subject site"); a request to establish a facility to manufacture without extraction adult and/or medical cannabis food edibles on a parcel within the Industrial (1) zone, pursuant to Chapter 127 of the City of Baldwin Park Municipal Code; and WHEREAS, a development agreement ("Exhibit A") was negotiated and agreed upon; and WHEREAS, Section 127.06 of the City of Baldwin Park Municipal Code (BPMC) requires the applicant to enter into a development agreement with the City prior to operating in the City and as a condition of issuance of a Permit; and WHEREAS, the purpose and intent of the development agreement is to set forth the terms and conditions under which the facility will operate that is in addition to the requirements of Chapter 127 of the BPMC, including but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed upon, approval of architectural plans (including site plan, floor plan and elevations to conform with manufacturing uses under the Baldwin Park Municipal Code), and such other terms and conditions that will protect and promote public health, safety, and welfare of all persons in the City; and WHEREAS, Section 153.210.850 of the BPMC requires the Planning Commission make a recommendation to the City Council on a development agreement application for approval, approval with modifications or denial of the application; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA) this project will not have a significant effect on the environment and is listed as a Class 1 Categorical Exemption. Class 1 consists of minor alterations of existing structures involving negligible or no expansion of use beyond that existing; and WHEREAS, Development Agreement 21-01 has been reviewed by the Planning Commission on February 10, 2021 at a duly noticed public hearing. NOW, THEREFORE, IT BE RESOLVED AS FOLLOWS: SECTION 1. The proposed use is a non -extraction manufacturing facility to manufacture adult and/or medical cannabis edible food products. It is being established PC 21-01 February 10, 2021 Page 2 in the Industrial (1) Zone and with the terms define in Chapter 127 of the BPMC. Therefore, establishment of the proposed use is consistent with the purpose and intent of the BPMC, and of the Industrial zone and General Plan land use designation. SECTION 2. The Planning Commission does hereby adopt the Findings of Fact applicable to all Cannabis Permittees: 1) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the cannabis manufacturing business is located within the I, Industrial Zone, it is anticipated that the use of the property is consistent with the other industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on- going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 10% of the businesses workforce shall consist of Baldwin Park residents. 2) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinances 1442 and 1443, adopted by the City Council on November 20, 2019, effective on December 20, 2019 cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The development agreement is in conformance with the general area and City as a whole as the proposed facility is located within the I, Industrial Zone. The use exceeds the distance requirement of twenty-five (25) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.A.2 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers or youth centers. A comprehensive security plan was provided which addresses security of the facility from all angles, thereby reducing the potential for any negative impacts from the facility on the neighborhood and the city. PC 21-01 February 10, 2021 Page 3 4) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement is consistent with California Government Code Sections 65864- 65869.5. SECTION 3. That the Planning Commission recommends that the City Council approve the proposed Development Agreement for the proposed non -extraction manufacturing facility of adult and/or medical cannabis edible food products, pursuant to the Findings of Fact for DA 21-01 identified in Section 2 of this resolution; and SECTION 4. The Secretary shall certify to the adoption of this Resolution and shall forward a copy hereof to the City Clerk. PASSED AND APPROVED on the lona day of February, 2021. CHRISTOPHER SAENZ, CHAIR BALDWIN PARK PLANNING COMMISSION ATTEST: RON GARCIA, SECRETARY BALDWIN PARK PLANNING COMMISSION STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS. CITY OF BALDWIN PARK I, RON GARCIA, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 21-01 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 10th day of February 2021 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: ORDINANCE NO. 1458 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A STATUTORY DEVELOPMENT AGREEMENT WITH 6VIAND, INC. FOR THE MANUFACTURING OF CANNABIS RELATED PRODUCTS AT THE REAL PROPERTY LOCATED AT 5018 LANTE ST. (APN 8413-004-023) WITHIN THE CITY OF BALDWIN PARK WHEREAS, a Statutory Development Agreement with the City of Baldwin Park has been or will be executed; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on February 10, 2021, to receive comments and consider recommendation to City Council of the proposed Statutory Development Agreement; and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the City Council held or will hold a duly noticed public hearing pursuant to law on the Agreement on March 3, 2021; and WHEREAS, the City Council has reviewed the Statutory Development Agreement (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Statutory Development Agreement; and WHEREAS, the City Council hereby specifically finds that the provisions of the Statutory Development Agreement are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Statutory Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Statutory Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5; and WHEREAS, as required by law, the City Council will conduct a first reading to the proposed ordinance on March 3, 2021. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that the proposed Statutory Development Agreement Projects (DA 21-01) will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, `Existing Facilities'. Furthermore, the location is proposed within an existing building. SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Statutory Development Agreements: 1. The Statutory Development Agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the cannabis business is located within the I, Industrial Zone, it is anticipated that the use of the property is consistent with the other industrial uses within the area. The adoption of cannabis related manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on- going campaign with local businesses to hire local residents. This Statutory Development Agreement requires that a minimum of 10% of the businesses workforce shall consist of Baldwin Park residents. 2. The Statutory Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3. The Statutory Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The Statutory Development Agreement is in conformance with the general area and City as a whole as it is located within the 1, Industrial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. Security measures for the facility include, alarms, video surveillance, and a comprehensive employee training program. 4. The Statutory Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Statutory Development Agreement (Reference Attachments #2 through #5 to the Planning Commission and City Council staff report dated March 3, 2021) is consistent with California Government Code Sections 65864-65869.5. SECTION 3. The City Council hereby approves and adopts the Statutory Development Agreement, in the form as attached hereto as Exhibit "A" and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. 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. First read at a regular meeting of the City Council of the City of Baldwin Park held on the March 3, 2021 and adopted and ordered published at a regular meeting of said Council on the 17th day of March, 2021. PASSED, APPROVED, AND ADOPTED this 17th day of March, 2021. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, 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 March 17, 2021. Thereafter, said Ordinance No. 1458 was duly approved and adopted at a regular meeting of the City Council on March 17, 2021 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA, CITY CLERK VICINITY MAP LOCATION: 5018 Lante Street I_1910WOMIKSIIIZ��y�1 CANNABIS PERMIT APPLICATION This application pertains to e discretionary permit. However, unlike typical discretionary pemnito, this application process is competitive process with olimit nn the number of applications that will be selected. All fees paid are nonrefundable nagand|eaa of outcome. A "non -vesting" Development Agreement will need to be agreed upon in order to receive a permit. This "non -vesting" Development Agreement is also discretionary and involves a competitive process. Due to City staffing oonotraints, applicants are directed 1oschedule appointments with the Planning Division to submit applications. Otherwise, there is no guarantee that a city planner will be available to take in applications. Applications may not be dropped off without review from a city planner. Further, no mailed or e-mailed applications will beaccepted. Business Name: Wand, Inc. Business Contact (individual): Robert Gray Business Contact Title: Owner; Corporate CEO Primary Phone No.: 818-546-1700 Emergency Contact Name & Phone No., E-mail: rwgray@distinctindulgence.com Permit Being Requested: Please mark all applicable boxes below to identify which cannabis operations permits you are seeking through this Cannabis Permit Application. A separate application and fee is not necessary for each category type in which you are submitting an application for consideration. One application and application fee suffices for all categories (e.g., Cultivation and Manufacturing). However, you must include in your application package all the information requested for each category you seek to operate. For example, if you are seeking to manufacture AND cultivate, you will need to include both uses in your Business Plan, Neighborhood Plan, Security Plan, etc. 0 Cultivation: Square Footage., �� -- ,=+ Manufacturing:'fl S�� Vr"Y rl �� Testing: Square Footage - El Distribution (Transportation) BP. App]icaLion. Cannabi s. Permit, Appl.4.2k|8. docx CANNABIS PERMIT APPLICATION Page 2 of 7 Section A: Primary Background Informatior (Must be signed by all Principals) Under penalty of perjury, and the laws of the State of California, I hereby declare and acknowledge that I have personal knowledge of the information stated in this application and that the information contained herein is true and correct. I also understand that the information provided in this application, except the Safety and Security Plan in Section C and certain confidential information such as driver's license and social security number which can be redacted, may be public information and subject to disclosure under the California Public Records Act. Principal Name: Robert Gray IMMEM= 12M=- lmmn��MIL= Zzm�• - = Attachments., Receipt of background check and Live Scan 0 0 •'• r•. Copy of Social Security Card 011 \ Date: ) Copy of Valid Driver's License, Valid DMV issued ID Card or"Talid Passport Proof of address (DMV -issued ID/driver's license, and/or recent utility bill under Principal's name) Staff use only: Pass background check 0 Add more pages as necessary to include signatures of all Cannabis Permit Principals (and Landlord, if applicable). 1 . List whether the applicant(s) has/have other licenses and/or permits issued to and/or revoked from the applicant in the three years prior to the year of the permit application. This list should include such other licenses and or permits relating to similar business activities as in the permit application. If applicable, please list the type, current status, issuing/denying for each license/permit. Please attach a separate document to fully explain, if necessary. . ....... . .... ................................................................................... W. BP.Application.Caiinabis. Perm it.Appl-4,26,18.docx MIRDA 2. List any and all partners or principals who have been found guilty of (a) a violent felony, (b) a felony or misdemeanor involving fraud, deceit, embezzlement, or moral turpitude, or (c) the illegal use, possession, transportation or distribution (or similar activities) related to controlled substances, as defined in the Federal Controlled Substance Act, with the exception of medical cannabis -related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996. Please attach a separate document to fully explain, if necessary. The applicant Wand, Inc. is comprised of the office rs/d i rectors of Robert Gray and his wife Sue Gray. They are alo the only stockholders of the corporation. Neither has ever beer ,.ccused or found guilty of any of the charges listed above. The applicant Wand, Inc., Inc. is comprised of the officers/directors of Robert Gray and his wife Sue Gray. They are also the only stockholders in the corporation. Robert Gray is the et. Attach proof of status, such as articles of incorporation, by-laws, partnership agreements, and other documentation as may be appropriate or required by the City. MI mii I MI MEMUM•171M. WITM Ima r` 'r The operating bakery will begin the non -extraction manufacturing of food and edibles, which may include mixing and combining, There will be no cultivation, testing or retail operations on the site. 3. Name and Address of Property Owner: Raisin Bob-, LLC 5018 Lante St., Baldwin Park, CA 91706 4. Name and Address of School Closest to Proposed Location- Pleasant View Elementary School, 14900 Nubia St.; approx. 1,773 ft away. BP.Application.Connabis.Pei-init.Appl.4.26. I 8.doex ME 5. Description of neighborhood around the proposed location (i.e., surrounding uses, nearby sensitive uses such as churches, schools, parks, or libraries) and transit access to site. A separate sheet may be attached. I MMI I I 11611talo I I I o WI 4 - a aF[Jjjrsa0 yll- mil -0 , - IMMU. n - Residential (R-1) to the south and east. Nearest school is Pleasant View Elementary - approx 1,773 ft. away. Nearest parks are Jardin de Rocha - app 2,703 ft. away and Santa Fe Dam Recreation Area - approx 1844 ft. away. Required Plan Submittals (Plans shall be drawn to scale): 1. Site Plan for each potential location. The Site Plan must be dimensioned and show the entire parcel, including parking and additional structures. 2. Conceptual Building Elevations if new construction. If existing buildings, include any proposed exterior building alterations if applicable. 3. Floor Plans, including any proposed interior alterations. 4. Vicinity Map. It is the Applicant's responsibility to prove to the City that the cannabis operation's location is at least 600 feet from all sensitive uses and 50 feet from all residential zones. The measurement is from property line to property line on each lot. However, in the case of commercial condominiums, measurement is taken from the airspace property line. 111—I'm 0 1 This information is required for this application to be considered complete. Attach the following reports to the application. Neighborhood Compatibility Plan Safety and Security Plan Air Quality Plan Business Plan Radius Map Package: 300 foot radius ownership map (from property lines), 1 copy of the property owner list for properties with 300 feet, 2 copies of property owner list prepared on gummed labels, and notarized Affidavit of Accuracy of Property Owner's List. Development Agreement Attachments: Legal Description of the property and a Vicinity Map Background Check Authorization Form and Live -Scan Request and Receipt * 0 BP.Application.Cannabis.Permit.Appl.4.26.18.docx �a State Clearance by Baldwin Park Police Department Section E: Final Location Information Multiple sites per application can be considered. Attach proof of ownership of the site or signed statement from the owner. A signed lease document will also suffice. This information is required and you must submit inus application. Check the box evidencing that you have described below. !1 Ill iiiili�lij 11111,1111111111 11�1!!Iili 111 MW I Al I I I R MIR Or, ZjE I U. -I I I �Z 89AppicativuCannuhs.Permit. Appi4.26.18.doos �Anvironmental impact: Application should indicate if the business uses renewable energy sources. �4LAbor relations: Applicant shall state whether it provides employer -paid health insurance benefits for its employees as required by state and/or federal law. Applicant must establish that it provides equipment, standards and procedures for the safe operation of its facilities and engages employees on best practices. Applicant should identify if it provides training and educational opportunities for employee development. Applicant must certify that neither it nor its Principals have any previous record of violating federal or state laws relating to workplace safety, wages and compensation, discrimination, or union activity. VMitigation fees: The mitigation fee the business is willing to pay to the City must be included in the Development Agreement. A separate fee shall be identified for each cannabis operation Category (i.e., Cultivation, Manufacturing, Testing, and Distribution/Transportation). The fee for cultivation will be calculated based on square footage. The fee for other categories shall be proposed by each applicant. lAre you willing to voluntarily d6nIaie $50,000 to the City of Baldwin Park towards the salary of one Police Officer and Code Enforcement Officer? Section G: Fees Please attach a cashier's check or money order made payable to the "City of Baldwin Park" for the following fees, LiveScan fee: $48.00 ackground check fee: $937.50 tiAlannabis Permit Application/Development Agreement Fee: $2,857.50 gin 11UrT_r-= 1ate of initial applicationi 'lill __ TT I Number assigned to application: CA� 61 —0-2— Date fee received: Date application reviewed: At- ljlw,re�ro 7#FVrFrVRrrFY3YNA71r narsr T T T 0 ff FaIR7 property owner was recen ')Complete Application !1111!ii 111y; I BP.Appl ication.Cannabi s. Perm it.Appl. 4.26.18. docx ompliance with Cannabis Ordinance Locational Criteria W=. I ToNEIR Mo. FINDINGS OF FACT 1) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the cannabis manufacturing business is located within the I, Industrial Zone, it is anticipated that the use of the property is consistent with the other industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on-going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 10% of the businesses workforce shall consist of Baldwin Park residents. 2) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinances 1442 and 1443, adopted by the City Council on November 20, 2019, effective on December 20, 2019 cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The development agreement is in conformance with the general area and City as a whole as the proposed facility is located within the I, Industrial Zone. The use exceeds the distance requirement of twenty-five (25) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.A.2 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers or youth centers. A comprehensive security plan was provided which addresses security of the facility from all angles, thereby reducing the potential for any negative impacts from the facility on the neighborhood and the city. 4) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement is consistent with California Government Code Sections 65864- 65869.5. ITEM NO. 8 TO: Honorable Mayor and Members of the City Council wU;or,.�. FROM: Lourdes Morales, Chief Deputy City Clerk DATE: March 1, 2021 vLiEv`' SUBJECT: Review of Commission Applications and Consideration "O„AN,,�`, of Appointments to Fill the Unscheduled Vacancies for City Commissions SUMMARY This report requests that the City Council review applicants and appoint commissioners to the Unscheduled Vacancies of City Commissions. RECOMMENDATION Staff recommends that the City Council review all commission applications to the Housing and Recreation Commission and make respective appointments: Housing Commission The Housing Commission consists of a total of seven (7) members. Vacancies have not been filled due to lack of applicants. Housinq Commission Applicants Incumbent Commission Applicants Housing Roster - 7 Open Seats Office #1 — Vacant Term Expires - 6/30/2021 Office #2 — Vacant Term Expires — 6/30/2021 Office #3 — Vacant Term Expires — 6/3012021 Office #4 — Vacant Term Expires — 6/30/2021 Office #5 — Vacant Term Expires — 6/3012021 Office #6 — Vacant Term Expires — 6/30/2021 Office #7 — Vacant Term Expires — 6/30/2021 Housinq Commission Applicants Incumbent Commission Applicants New Applicants N/A Laura Franklin N/A Samuel Zhang PLANNING COMMISSION The Planning Commission consists of five 5) members appointed to a two-year term. Planning Roster -1 Open Seat New Applicants Office #1 — Edwin Borques Term Expires - 6/30/2021 Office #2 — Vacant Term Expires — 6/30/2021 Office #3 — Christopher Saenz Term Expires — 6/30/2021 Office #4 — Christopher Garrido Term Expires — 6/30/2021 Office #5 — Edith Flores Term Expires — 6/30/2021 Planning Commission Applicants Incumbent Commission Applicants New Applicants N/A Mario Maciel Jr. N/A Ricardo Vazques N/A Samuel Zhang RECREATION COMMISSION The Recreation Commission consists of a total of eight (8) members, five (5) of which are appointed to a two-year term and three (3) members shall be students serving a one-year term. Office No. 4, 6, 7, and 8 are currently vacant. No applications were submitted for this commission. PERSONNEL COMMISSION The Personnel Commission consists of a total of five (5) of which are appointed to a two-year term. All offices are currently vacant. No applications were submitted for this commission. BACKGROUND A Public Notice of Vacancy was posted in accordance with Government Code Section 54973 and Baldwin Park Municipal Code Chapter 32. At the request of the City Council, the following items are now incorporated with the commission application process and included with this report: ➢ Residency verification requirement for each applicant (via review of a driver's license and a current utility bill). Said documentation is on file in the City Clerk's office LEGAL REVIEW Not Applicable. ATTACHMENTS 1. Exhibit "A" — Commission Applications 2. Exhibit "B" — Current Roster of Commission Members ROSTER OF COMMISSION MEMBERS Planning Commission Secretary: Ron Garcia Recreation/Community Services Commission Secretary: Teresa Alexander Housing Commission Secretary: Michelle Bravo Personnel Commission Secretary: Laura Thomas Office #1 — Edwin Borques Office #1 — Cecilia Bernal Office #1 — VACANT Office #1 — VACANT Appointed: 12/04/19 Appointed: 12/04/19 Expires: 6/30/2021 Expires: 06/30/21 Office #2 — VACANT Office #2 — VACANT Office #2 — Vacant Office #2 — Maria Guadalupe Fajardo Office #3 — VACANT Office #3 — VACANT Appointed: 12/04/19 Appointed: 12/04/19 Expires: 6/30/21 Expires: 06/30/21 Office #4 — VACANT Office #4 —VACANT Office #3 — Christopher Saenz Office #3 — Diane Velez Office #5 — VACANT Appointed: 12/04/19 Appointed: 12/04/19 Expires: 06/30/21 Office #5 — VACANT Expires: 6/30/2021 4645 Cutler Avenue Office #6 - VACANT Office #4 — Christopher Garrido Office #4 — Vacant Appointed: 7/17/18 Appointed: 12/04/19 Expires: 6/30/2021 Expires: 06/30/21 Office #7 — VACANT Office #5 — Dawn Cervantes Office #5 — Edith Flores Appointed: 12/04/19 Appointed: 12/04/19 Expires: 06/30/21 Expires: 6/30/2021 Office #6 Baldwin Park High — VACANT Office #7 Sierra Vista High — VACANT Office #8 North Park High — VACANT *Per Municipal Code Chapter 32.03 (B), Each member of a city commission holding such office, as of the effective date of this subchapter, shall continue in the office until his or her successor is appointed and qualified, unless a City Council order of removal otherwise provides. PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF. APPLICATION FOR CITY COMMISSION FEB� A UTILITY BILL AND : And 18 Ad. COPY O.F. YOUR PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR.THE FOLLOWING COMMISSION;---�`{ PA sevarate amolication is.reaulred for each commission) PERSONAL INFORMATION: Name �'`� jf J ) Residence Address =0Nh6 Length of time at this Address: E-mail address; Home Phone No.— MA Yid. Cell/Message Phone No. Are. you 18 years of age or older? 6 Are you. registered to vote In the City of Baldwin Park? ! �� Do you currently serve as an elected or appointed ofticlal for any board and/or agency within the City of Baldwin Park? if yes, name of agency, and. position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 Nigh School Graduate?—[El G.E.D.? Name and I-ocation of'.College or Universily Course of Stud Decree MA EMPLOYMENT INFORMATION I EXPERIENCE: Name and Address of Employer(s) Position The Datets� of Employment r rl r REFERENCES: Please provide the names of two {@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment.on your capabilities and character. Name Address Phone No. 1. �&Y'611'[WVA r IMPORTANT.- Read the following carefully'and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on Its individualmerits. HAVE YOU EVER. BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If -yes, Please listall offenses, date and place of.offense(s), and sentencelfine received: ACKNOWLEDGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record..I certify under penalty of perjury under the laws of the State of Calliomla that the foregoing ff �j rr�� Is:t a nd correct. Lzil Dater i nature Qo, Nd Write B. ;" tFusiine, For Cit °Use Ont ...- ; .Residency verification: ❑ Yes: 0 No Date: Voter Registration Verifications; ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency' verification: ❑ Yes ❑ No Date: Term expires; Name Q,4,�r , I i ` r:i'}d 1 n ---- Commission Requested: Lmnll � STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying: Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Aid Mesh pnV. —MVe on i1u )-y in 1%"Oty, r rhlulmm ' NOW11, Park its i tens ` A-� dk) AAO gat 4-6-6, 1,4 NoW gj_,, Shoto ! hsp(uu6 � t+,9 � f-1 I Our tit t =54 % Of KHMi -n -6VIO in Mnmlinify t-v Who lob ke, I i Kt rn i shi i hi 00jk-hv1-kA'- U44 a uJ!5kW) 5PW - "Pal �V�ie t� ��o 6r4��ly 1c�p �ivr`r� do jign -N4 bin WA monty-tm&,q p&,(h j-Ke-s Gas It [1 ltS �� 4V boirdwslh ius4- 0 Vitt wil_ A :) ,-)O ions 'i L�q Wt r OXvs5 bp)�hn)fY` 7wr Digi AW tV Ynrnwidi4s i )� 1% Pr om q b t t 1-h jj -Vie ( ) 011 V((ena a d rA)5i n� 4-hn&,5) nl k t Igen, oM +ht 1 me t"JitC s�&mIni 1,jr -j it,�- bewnd Mm aaejabn, Ivl•i> J ei1�1� C�) ergo j PINI Q 4VrqjV w+41 H4. Cry /ai on 5 11°z FIs fed t 5 6 Wke"re, r y jflsldi >lliU)Of WM, C tut, ler'l t'�S S k ` he MV Date: 41 ur'e Notice: Please be advised that you and your qualifications may be discussed ,by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included'in the pool of applicants provided however, that yoir submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. CITY OF BALDWIN PARK APPLICATION FOR CITy COMMISSIOWSCE OF THE CITY CLERK And No STATEMENT OF QUALIFICATIONS FEB 18 2OZI APPLICATION IS FOR THE FOLLOWING COMMISSION - (A s000rato apolication is rectuired for each commission) re M711 M -ME I W110111-w- IBM- 0. 0, halo, reril in a less -0telimm[wriN .6.8 tv" Residency verification: L1 Yes L-1 No Date: Voter Registration Verification- [I Yes L1 No Residency verification-, El Yes El No DateAppointment date: Residency verification: El Yes. Ll No Diatel- Term expires.. Name Ricardo Vazques Commission Requested: Planning Commission STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. 02/04/2029 STATEMENT OF QUALIFICATIONS - See Attachment 1% r. Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. February 8, 2021 Emmanuel Estrada, Mayor Alejandra Avila, Mayor -Pro -Tem Paul Hernandez, Council Member Monica Garcia, Council Member Daniel Damian, Council Member City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Dear Mayor Estrada and Members of the Baldwin Park City Council: My name is Ricardo Vazques and I am writing to apply for the vacant position as a Baldwin Park Planning Commissioner. I have been a resident of Baldwin Park for 31 years and an alumnus of the Baldwin Park Unified School District. Evident to my active community involvement is the meaningful work that I have accomplished as a former Police Explorer. I have provided essential assistance for social and community service projects including Downtown Street Market, Summer Concert in the Park, Keeping Baldwin Park Beautiful Volunteer Program, Christmas gift distribution projects, food distributions, and the Giving Thanks Giving Back Turkey Drive. I recognize this position as an avenue to better serve our community and I aspire to take part in bringing necessary improvements to our city. I believe that with my long-term community involvement, I would be capable of conveying the concerns of the people of Baldwin Park. With my educational background, with my experience managing my own business, and with my years of community service in the public and private sectors, I strongly believe that I am capable of meeting the qualifications required as a Planning Commissioner. Moreover, my life experiences as a proud resident of this community would also add empathy, insight and sensitivity to the issues that matter most to the residents of Baldwin Park. Thank you for taking the time to consider my application. I look forward to discuss the opportunity to further serve our community with your partnership. Sincerely, Ricardo Vazques Prospective Planning Commissioner �,......1,"'.. . ori+, •r"1„! 4,h�"'1 PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF A UTILITY BILL AND APPLICATION FOR CITY COMMISSION A COPY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: Is realuired for each PERSONAL INFORMATION: Name a Residence Address Length of time at this Address: E-mail Home Phone CelYMessage Phone Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park?y4_=S Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? t4fl If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? )6E�S G.E.D,? EMPLOYMENT INFORMATION 1 EXPERIENCE: Name and Address of Em to er s Position Title pates of hm to meet REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment, Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?� If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOW LEOGEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws qf the State of California that the foregoing l is true and corr]ec 1 `2 Date Signature Residency verification: ❑ Yes Residency verification: ❑ Yes verification: ❑ Yes ❑ No Date: ❑ No Date: ❑ No Voter Registration Verification: ❑ Yes ❑ No Appointment date: Terra expires: Name Z t'o Hk Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. MUM r —AM3 Ji ��s� �J 'f _—'—.� I yy r2-�:2===LL Date: Zt Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on rile for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment, Failure to provide current proof of residency with each recruitment will invalidate this application. OFFICE OF THE CITY CLERK PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION FEB 1 0 2021 A UTILITY BILL AND A COPY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS RECEIVED APPLICATION IS FOR THE FOLLOWING COMMISSION:.--� 1CtnnjY� ,� tJ A se orate aDDIication Is re uired for each commission PERSONAL INFORMATION: Name Residence Address ORICHome Length of time at this Address: E-mail address: Phone No. Cell/Message Phone Are you 18 years of age or older? 7 Are you registered to vote in the City of Baldwin Park? �. Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? 4)0 Ifyes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? = G.E.D.?_= Name and Location of College or University Course of Study Degree L FoOojA -PQ!a EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address E to er s Position Title Dates of Employment ° Ilm-6 Ob'-dint�n1"13-0 M fo�SA',0l,WI0 � n� 112, f 0 p REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone No. Li IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? AjD If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing Is true and correct. 0.12— Date Signa Date Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verification: ❑ Yes ❑ No Date: Term expires: Name Samuel Zhang Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Please see the next page for the statement of qualifications Date: Sign Notice: Please be advised that you and your quaffications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years, During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. My name is Samuel (Sam) Zllang. I am a resident of Baldwin Park now. I graduated with an architecture degree from Cal Poly Pomona in 2015. During the past six years, I've been working on a lot of projects related to planning and construction. I am currently workin for Valerio Architect in charge of drawing plans, reviewing and interpreting planning and building codes to ensure project compliance. I also submit plans to government building and planning departments; and health department officials. I communicate with them to complete plan check review and receive a building permit. I am interested in the planning commission position. I would like to use my education and work experience in planning for the City that I live, love and passionate. I believe in everyone's little effort could make the city better every day and I want to be part of it. I also speak, read and write Chinese fluently. Recently, I have seen more and more Chinese moved in Baldwin Park raising families in this city. I believe my bilingual is also be beneficial to the City and to the Chinese community. I believe with my planning background and bilingual I will be a good candidate for this position. I am very excited and looking forward for the opportunity to serve the City and the Community. Thank you very much for your time and consideration. Sincerely, Sam Zhang