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10.20.21 Staff Report
NOTICE AND CALL OF A SPECIAL 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, October 20, 2021 at 5:00 PM. 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 WILL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS. Posted: October 14, 2021. Emmanuel 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 October 14, 2021. Marlen Garcia, City Clerk AGENDA BALDWIN PARKCITY COUNCIL SPECIAL MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 October 20, 2021 5:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC ON A FIRST COME, FIRST SERVE BASIS, WITH LIMITED SEATING CAPACITY IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at: https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Mayor Alejandra Avila - Mayor Pro Tem Daniel Damian - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. COMENTARIOS DEL PUBLICO Se invita al público a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda. De acuerdo con el capítulo 39 del Código Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reunión. CALL TO ORDER: ROLL CALL: Council Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Mayor Pro Tem Alejandra Avila, and Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos será el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] 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 October 20, 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. 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 • Street Vending Presentation Presented by Ben Martinez Director of Community Development; James Dragan, Branch Director of Public Health Swati Bhatt, Environmental Health Services Manager, Department of Public Health Kareen Setita, and Kareem Carts Curtis Wright, Silver & Wright, LLP CITY COUNCIL SPECIAL MEETING – 5:00 P.M. RECESS TO CLOSED SESSION 1. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Agency Designated Representative: Rebecca T. Green, Richards Watson Gershon, Enrique C. Zaldivar, Chief Executive Officer, and Laura Thomas, Human Resources/Risk Manager Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Service Employee International Union (SEIU) 2. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v. City of Irwindale, et al Case No. BS163400 Los Angeles County Superior Court Case Case Name: Diane Nina Rendon v. City of Baldwin Park Case No. 21STCV13045 City of LA, County of LA, SGVWC, Elia B. de Palacios, Miguel Palacios and Does 1-25 Case Name: Anthony Romero v. City of Baldwin Park Case No. 2:21-cv-07293-FMO-AFM Officer Ryan Felton, Sergeant Joseph Meister, And Does 1 through 10 Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: John Rios v. City of Baldwin Park Case No. 19STCP05465 Case Name: City of Baldwin Park v. Long Z. Liu Case No. 20STCP04198 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): Four (4) 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 October 20, 2021. Marlen Garcia 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 II) AGENDA BALDWIN PARK CITY COUNCIL REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 October 20 2021 7:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC ON A FIRST COME, FIRST SERVE BASIS, WITH LIMITED SEATING CAPACITY IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at: https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Mayor Alejandra Avila - Mayor Pro Tem Daniel Damian - Council Member Monica Garcia - Council Member Paul C. Hernandez - Council Member PLEASE TURN OFF ALL ELECTRONIC DEVICES DURING THE MEETING. PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. COMENTARIOS DEL PÚBLICO Se invita al público a dirigirse al Concilio o cualquier otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que esté bajo su jurisdicción. De acuerdo con el capítulo 39 del Código Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reunión. City Council Agenda Page 2 CITY COUNCIL REGULAR 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 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 • Part 1 Inclusionary Housing Ordinance (IHO) Measure H Incentive Presentation Presented by City Planner Ron Garcia, Community Services Supervisor Yuriko Ruizesparza, and Farzad Mashhood from LeSar Development Consultants PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos será el límite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] 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 7:00 PM to 8:00 PM on October 20, 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. 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. City Council Agenda Page 3 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. 1. City of Baldwin Park’s Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Treasurer’s Report – August 2021 Staff recommends that the City Council ratify the attached Warrants and Demands Register. 3. Meeting Minutes Staff recommends that the City Council approve meeting minutes for the following City Council Meeting: Special City Council Meeting of October 6, 2021 4. Approving an Agreement with the County of Los Angeles Department of Public Health for Public Health and Safety Inspection and Enforcement Services of Cannabis Facilities Staff recommends that the City Council: 1. Receive and file the report; and 2. Authorize the Mayor to execute the Agreement between the County of Los Angeles Department of Public Health and the City of Baldwin Park to provide Public Health and Safety Inspection and Enforcement Services of cannabis facilities. 5. Accept Completed Improvements and Authorize the Filing of a Notice of Completion for City Project No, CIP 20-131 Landscape Improvements Project at Ramona Boulevard CNG Station Site Staff recommends that the City Council: 1. Accept the construction improvements by Martinez Landscape Co., Inc. of Sylmar, CA in the amount of $151,986.50, and authorize the recordation of a Notice of Completion; and 2. Authorize the Director of Finance to appropriate $1,969.74 from Street Lighting and Landscape Fund Acct.# 251-50-520-58100-15095; and 3. Authorize the payment of $7,599.33 in retention funds to Martinez Landscape Co., upon the expiration of the 35-day notice period. 6. Approve a Proposal from LIFTOFF, LLC for Computer Software Systems and Implementation Services for the Microsoft Office 365 Platform including Exchange Migration Staff recommends that the City Council: 1. Approve the proposal from LIFTOFF LLC, in the amount of $69,000.00 and authorize the Mayor and City Clerk to execute the Master Services Agreement and Statement of Work; and 2. Approve license renewal costs for three years in an amount not-to-exceed $48,000 per year; and 3. Authorize the Director of Finance to make the necessary budget adjustments. City Council Agenda Page 4 7. Ratify and Adopt Resolution 2021-030 for Temporary Employment of Dianne DeRemer (Retired Annuitant) for the Position of Records Supervisor Staff recommends that the City Council approve a Resolution 2021.030, authorizing the Mayor to execute a part time, temporary employment agreement. 8. Approval of Agreement for Communications and Social Media Services with Tripepi Smith & Associates Staff recommends that the City Council approve the Agreement for Communications and Social Media Services with Tripepi Smith & Associates and Authorize Chief Executive Officer to Execute Agreement. 9. Authorization to enter into a Memorandum of Understanding between the City of Baldwin Park and San Gabriel Valley LGBTQ+ Center Staff recommends that the City Council approve and authorize the Director of Recreation and Community Service to Execute the Memorandum of Understanding between the City of Baldwin Park and San Gabriel Valley LGBTQ+ Center. 10. Authorization to enter into a Memorandum of Understanding between the City of Baldwin Park and Foothill Unity Center, Inc. Staff recommends that the City Council approve and authorize the Director of Recreation and Community Service to Execute the Memorandum of Understanding between the City of Baldwin Park and Foothill Unity Center, Inc. 11. Approval of an Agreement for Grant Writing Services with California Consulting, Inc. Staff recommends that the City Council approve an additional Agreement for Grant Witting Services with California Consulting, Inc., starting November 16, 2021, for a term of three years, subject to thirty day notice of termination by the City. 12. Authorization to enter into a Lease Agreement for New Postage and Folding Insert Machines Staff recommends that the City Council approve a 60 month Lease Agreement with Quadient. 13. Approving a Letter of Intent and Application to the San Gabriel Valley Regional Housing Trust Homeless Housing Pilot Program Staff recommends that the City Council: 1. Receive report and provide input to the draft LOI and Application; and 2. Direct the Chief Executive Officer to submit the LOI and Application to the SGVRHT. City Council Agenda Page 5 14. Approval of Expenditures for Esperanza Villa Project (Formerly known as Tiny Homes Village) Consisting of Material Procurements, Site Preparation and Construction Work Staff recommends that the City Council: 1. Approve materials procurement proposals from: a. Greenshine, Inc. for purchase of portable lighting fixtures in the amount of $40,934.03; and b. U-Line, Inc. for purchase of on-site furnishings in the amount of $19,023.64; and 2. Approve professional services proposals from: a. Greg Ruvolo for installation of perimeter fencing in the amount of $62,205.00 b. Automation Solutions, Inc. for installation of electrical equipment and site connections in the amount of $34,815.00; and c. AAA Network Solutions, for installation of camera security surveillance system in the amount of $35,992.56; and 3. Approve a not-to-exceed amount of $50,0000 for future professional plumbing services for on-site gas, sewer, water connection to facilities; and 4. Authorize the Public Works Director to execute the procurement and professional services proposals and to coordinate with the various entities in all elements as necessary to complete the improvements at the site; and 5. Authorize the Director of Finance to make the necessary budget adjustments and processing of invoices including reimbursement request made to the SGVRHT for qualified expenditures. 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. SA-1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer’s Report – July 2021 Staff recommends that the Board receive and file the Treasurer’s Report for July 2021. SA-2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer’s Report – August 2021 Staff recommends that the Board receive and file the Treasurer’s Report for August 2021. SA-3 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. PUBLIC HEARING 15. A Request to the City Council from the Planning Commission on an Amendment to the City of Baldwin Park Municipal Code Chapter 127 and Chapter 153 Related to Commercial Cannabis to Reduce the Distance Requirements from 50 Feet to 20 Feet of a Cannabis Distribution Facility to a Dwelling Unit within a Residential Zone, and Increase the Maximum Size of a Cannabis Distribution Facility from 22,000 Square Feet to 40,000 Square Feet (Location: all Industrial Commercial (IC) and Industrial (I) Zoning Designations; Applicant: Tony Kim for Baldwin Park Distribution, LLC; Case Number: AZC 21-01) City Council Agenda Page 6 Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1460, entitled, “AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 127 OF TITLE XI OF THE BALDWIN PARK MUNICIPAL CODE”; and Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1461, entitled, “AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 153 OF THE BALDWIN PARK MUNICIPAL CODE REALTING TO COMMERCIAL CANNABIS ACTIVITY”. REPORTS OF OFFICERS 16. Baldwin Park Housing Needs and Planning Report Staff recommends that the City Council accept and file this report. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION • Mayor Estrada requests City Council discussion to hold a study session on the topic of campaign contributions. • Mayor Estrada requests City Council discussion to designate a sister city to the City of Baldwin Park. ADJOURNMENT CERTIFICATION I, Marlen Garcia, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of October, 2021. Marlen Garcia City Clerk 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 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 II) STAFF REPORT ITEM NO. ________1_________ TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: October 20, 2021 SUBJECT: City of Baldwin Park’s Warrants and Demands SUMMARY 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 $456,576.50 and the attached General Warrants Register was $678,381.82 for a total amount of $1,134,958.32. 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 201190 to 201207 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 29144 to 29369 for the period September 19, 2021 through October 2, 2021, inclusive; these are presented and hereby ratified in the amount of $456,576.50. 2. General Warrants, with the bank drafts in the amount of $129,063.29 and checks from 234021 to 234129 in the amount of $549,318.53 for the period of September 24, 2021 to October 7, 2021, inclusive; in the total amount of $678,381.82 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 STAFF REPORT ITEM NO. ________2_________ TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: October 20, 2021 SUBJECT: Treasurer’s Report – August 2021 SUMMARY Attached is the Treasurer’s Report for the month of August 2021. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer’s Report for August 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit “A”, Treasurer’s Report STAFF REPORT ITEM NO. ________3_________ TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: October 20, 2021 SUBJECT: Meeting Minutes SUMMARY The City Council held Special and Regular City Council Meetings on the dates listed below. RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following City Council Meeting: Special City Council Meeting of October 6, 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. ATTACHMENT 1. SP Minutes 10/6/21 Special Meeting of 10/6/21 Page 1 of 4 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING October 6, 2021, 5:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:07 PM by Mayor Estrada. ROLL CALL City Clerk Garcia performed roll call: PRESENT: Council Member Daniel Damian Council Member Monica Garcia joined at 5:40 Council Member Paul C. Hernandez joined at 5:20 PM. Mayor Pro Tem Alejandra Avila Mayor Emmanuel J. Estrada PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 5:08 PM. Seeing no one wishing to speak, Mayor Estrada closed Public Communications at 5:08 PM. OPEN SESSION/STUDY SESSION • Hotel/Motel Conservation Measure H Incentive Presentation Presented by City Planner Ron Garcia and Farzad Mashhood from LeSar Development Consultants City Planner Ron Garcia stated this presentation was one of four study sessions that would be presented with Yuriko as it related to Measure H. Farzan Mashhood provided an analysis of hotel motel analysis. Mayor Pro Tem Avila commented in disfavor of converting the Marriot, requesting to ensure the regional community members benefit from these services. Mayor Estrada asked if these projects would help Baldwin Park residents. The representatives explained the differences in housing programs and provided clarity on taking a regional approach to house community members. Council Member Hernandez stated he would support emancipated youth, families and seniors who need the most additional support for transitional and permanent housing. Special Meeting of 10/6/21 Page 2 of 4 Council Member Damian asked how much it would cost. The consultant stated it could cost the city nothing, but it was unknown due to various variables and points. Council Member Hernandez requested staff research population of homeless, risks, and odds to service our community and based on the outcome made a decision. The City Council thanked staff and presenters for their overview. The City Council recessed into closed session at 5:45 PM. RECESS TO CLOSED SESSION 1. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4437 Phelan Avenue Negotiating Parties: City of Baldwin Park and Hannah, Mitchell B and Hallie D B. Property: 13167 Garvey Avenue Negotiating Parties: City of Baldwin Park and Topline Automotive Inc. C. Property: 14338 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Mandani, Armado D., and Mandani, Evangelina M. D. Property: 14332 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Weng, Wen Pin, and Wong, Yee Ling E. Property: 4753 Maine Avenue Negotiating Parties: City of Baldwin Park and D&Z Properties LLC F. Property: 12760-79 Torch Street Negotiating Parties: City of Baldwin Park and Habitat for Humanity G. Property: 12714 Ramona Boulevard Negotiating Parties: City of Baldwin Park and Atlantis Properties, LLC 2. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v. City of Irwindale, et al Case No. BS163400 Los Angeles County Superior Court Case Special Meeting of 10/6/21 Page 3 of 4 Case Name: Diane Nina Rendon v. City of Baldwin Park Case No. 21STCV13045 City of LA, County of LA, SGVWC, Elia B. de Palacios, Miguel Palacios and Does 1-25 Case Name: Anthony Romero v. City of Baldwin Park Case No. 2:21-cv-07293-FMO- AFM Officer Ryan Felton, Sergeant Joseph Meister, And Does 1 through 10 Case Name: Suzanne Ruelas v. City of Baldwin Park Case No. 20STCV17682 Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: Daniel Rodriguez v. City of Baldwin Park Case No. 21STCV21129 Case Name: David Salcedo v. City of Irwindale Case No. BC676398 Case Name: John Rios v. City of Baldwin Park Case No. 19STCP05465 Case Name: City of Baldwin Park v. McLean Case No. 20STCV25341 3. Conference with Labor Negotiators Pursuant to Government Code Section 54957.6: Agency Designated Representative: Rebecca T. Green, Richards Watson Gershon, Enrique C. Zaldivar, Chief Executive Officer, and Laura Thomas, Human Resources/Risk Manager Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Service Employee International Union (SEIU) 4. 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) Special Meeting of 10/6/21 Page 4 of 4 RECONVENE IN OPEN SESSION The City Council reconvened into open session regular meeting at 7:11 PM and recessed back into closed session at 1:14 AM. The City Council reconvened into open session at 1:45 AM. 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 Tem Avila, to adjourn the meeting at 1:45 AM. _______________________ Emmanuel J. Estrada, Mayor ATTEST: Marlen Garcia, City Clerk APPROVED: ___________________ STAFF REPORT ITEM NO. ________4_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer PREPARED BY: Benjamin Martinez, Community Development Director DATE: October 20, 2021 SUBJECT: Approving an Agreement with the County of Los Angeles Department of Public Health for Public Health and Safety Inspection and Enforcement Services of Cannabis Facilities SUMMARY Consideration of an agreement with the County of Los Angeles Department of Public Health to perform Public Health and Safety Inspection and Enforcement Services for cannabis facilities in Baldwin Park through June 30, 2023. RECOMMENDATION Staff recommends that the City Council: 1. Receive and file the report; and 2. Authorize the Mayor to execute the Agreement between the County of Los Angeles Department of Public Health and the City of Baldwin Park to provide Public Health and Safety Inspection and Enforcement Services of cannabis facilities. FISCAL IMPACT There is no fiscal impact. The County shall charge and collect public health permit fees to both City applicants and City licensees. County permit fees shall be in amounts as approved by the County Board of Supervisors, to offset the reasonable cost of the County performing this regulatory function for the City. BACKGROUND In 2017, the California legislature passed The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). MAUCRSA consolidates the State licensure and regulation of commercial medicinal cannabis and adult-use cannabis activities. MAUCRSA provides State licensing and other requirements for commercial cannabis activities, but specifically reserves to cities and counties the authority to make additional local regulatory requirements for commercial cannabis activities. The County’s Ordinance No. 2017-0060 (please see Attachment 1) creates a regulatory and public health permitting framework for health inspections of licensed cannabis facilities engaged in commercial cannabis activities for health and safety purposes. The ordinance has two regulatory components as follows: 1. It amends Title 8 to add Part 7 to Chapter 8.04, to create a public health permit requirement for commercial cannabis activities, such as cultivation, distribution, manufacture, and retail sale. The ordinance authorizes the County Health Officer to enter and inspect the premises of a cannabis facility for compliance with both State and local health and safety requirements as a condition of the permit. Non-compliance with the conditions of the public health permit could result in the suspension or revocation of the permit. The ordinance also provides the new public health permit and reinspection fees. 2. The ordinance also creates Chapter 11.37 in Title 11 of the Code, which imposes specific requirements for the operation and maintenance of commercial cannabis facilities. These requirements protect the health of customers and the public by enforcing requirements that ensure the cannabis facility is operated in a clean and sanitary manner, so that the cannabis and cannabis products that are consumed by the public are not adulterated or misbranded. To accomplish this, Chapter 11.37 requires those public health permit holders to have an odor control plan, a cannabis and cannabis product recall protocol, a waste management plan, and an employee training program for cleanliness standards. These requirements are conditions of the permit and are intended to protect not only the health and safety of the cannabis consuming public, but also limit the potential negative impacts on those living and working in proximity to the various types of cannabis facilities. Although the County's Board of Supervisors has not permitted commercial cannabis activities within the unincorporated areas of the County, several cities will permit these activities within their jurisdictions. State law requires these cities to maintain local regulatory control of commercial cannabis activities, and does not permit these cities to use its existing contract with the County to require the County Health Officer to enforce public health laws related to commercial cannabis activities. Several cities, however, have approached our County to regulate health and safety requirements for commercial cannabis activity within their city. In order to maintain regulatory uniformity, this ordinance can be adopted by each city that requests the County's health officer to enforce public health laws related to commercial cannabis activity. This action, along with a contract between the city and Los Angeles County, will permit the County Health Officer to enforce public health permit requirements for commercial cannabis activities within the jurisdiction of those cities. The County's costs for conducting this regulatory service will be offset by permit fees paid by those conducting commercial cannabis activities and range from approximately $1,000 to $4,000. Inspections shall consist of at least two unannounced site visits conducted per year by the County. The compliance review officer shall issue and serve a written decision to the permittee within 15 working days following the compliance review. In the event of suspension or revocation, the decision shall specify the permit violations that were found to exist and/or continue, the extent of the suspension of the permit, and the actions required for correction of the continuing violations. If the permittee's public health permit has been revoked; the decisions shall state the reasons for the revocation. If any immediate danger to the public health or safety is found or is reasonably suspected, unless the danger is immediately corrected, the Department may immediately suspend the permittee's public health permit and order the cannabis facility immediately closed, pending the determination of a compliance review. Ordinance No 2017-0060 shall be effective within the territorial jurisdiction of each city that incorporates the entirety of this ordinance into its municipal code by adoption or resolution. County shall enforce the provisions of this ordinance only if a city that has incorporated this ordinance into its municipal code, and enters into a service agreement with the County, as approved by the board of supervisors, for public health regulatory services for commercial cannabis activities to be performed by County. Should the contract between the city and County expire or be terminated, neither the County nor the County Health Officer shall have an obligation to enforce this ordinance or public health laws regarding commercial cannabis activities within the territorial limits of Baldwin Park. Community Development and Police Department staff also conduct cannabis inspections at cannabis facilities. The Police Department conducts a security inspection to verify that all requirements under Baldwin Park Municipal Code 127.11 are met at the time they receive a certificate of occupancy (“COO”). The Community Development Department does quarterly inspections of all permitted cannabis facilities. For those permitted facilities that have a COO, staff verifies that they are operating within the parameters of their COO (i.e. a licensed cultivator is only doing cultivation and not manufacturing as well). If a permitted facility does not have a COO, the staff verifies that they are not operating. Lastly, other agencies such as the County Fire Department perform inspections at cannabis facilities as well. In response to a City Council request, staff is preparing a memorandum to review and explain all current inspection activities occurring now and those that staff will be implementing through third party vendors in the near future. LEGAL REVIEW The City’s Special Legal Counsel has reviewed and approved the agreement. ALTERNATIVES The City Council may choose not to approve this agreement. ATTACHMENTS 1. Agreement between the County of Los Angeles Department of Public Health and the City of Baldwin Park to provide Public Health and Safety Inspection and Enforcement Services of cannabis facilities (including County Ordinance No. 2017-0060). AGREEMENT NUMBER: PH-XXXXXX AGREEMENT BY AND BETWEEN COUNTY OF LOS ANGELES AND THE CITY OF BALDWIN PARK FOR PUBLIC HEALTH AND SAFETY INSPECTION AND ENFORCEMENT SERVICES OF CANNABIS FACILITIES 1 PH-XXXXXX PUBLIC HEALTH AND SAFETY INSPECTION AND ENFORCEMENT SERVICES OF CANNABIS FACILITIES THIS AGREEMENT “Agreement” is made and entered into on ___________________ by and between the COUNTY OF LOS ANGELES DEPARTMENT OF PUBLIC HEALTH, hereinafter referred to as “County” and the City of Baldwin Park, hereinafter referred to as “City”. WITNESSETH: WHEREAS, the California Health and Safety Code provides that the governing bodies of counties and cities shall take measures as may be necessary to preserve and protect the public’s health and safety, including the adoption of ordinances and establishment of fees to support the enforcement of such activities; and WHEREAS, on December 19, 2017, County's Board of Supervisors enacted an ordinance that creates a regulatory and public health permitting framework for health inspections of licensed cannabis facilities engaged in commercial cannabis activities for health and safety purposes; and WHEREAS, the County’s Board of Supervisors has delegated the authority and responsibility of inspecting and regulating licensed commercial cannabis facilities for public health purposes to both the County’s Director of Public Health, or authorized designee, hereafter referred to as “Director” and the County's Health Officer; and WHEREAS, City has amended its City Municipal Code, as of November 2019, to adopt Chapter 127 of Title XI, to permit under certain regulatory conditions commercial cannabis activities to occur within specific zones within the City’s corporate limits; and 2 WHEREAS, pursuant to California Business and Professions Code section 26200(d), the City has assumed complete responsibility for any regulatory function of commercial cannabis activities within the City’s jurisdiction limits that would otherwise be performed by County or any County officer or employee, including the County Health Officer, without liability, cost, or expense to County: and WHEREAS, City has incorporated the entirety of County’s commercial cannabis activity ordinance into the City of Baldwin Park Municipal Code, Chapter 127 of Title XI, to require those persons and businesses performing or seeking to perform commercial cannabis activities within the territorial limits of the City to apply for and obtain an appropriate public health permit, pay to the County the required permit and other fees, and be subject to the regulatory scheme of the ordinance; and WHEREAS, the City’s purpose in amending its Municipal Code, as described above, is to allow for health inspections as related to cannabis facilities and other commercial cannabis activities that are subject to the ordinance and to further ensure that each City licensed commercial cannabis facility operating within the City’s corporate limits is in compliance with all applicable health and safety laws; and WHEREAS, City wishes to contract with County for the performance of such public health regulation and/or other hereafter described public health and safety inspection services for licensed commercial cannabis facilities within its corporate limits by County through its Department of Public Health. NOW, THEREFORE, in consideration of the mutual covenants contained herein, and for good and valuable consideration, the parties agree to the following: 3 1. Exhibits A, B, B-1, and B-2, are attached to and form a part of this Agreement. In the event of any conflict or inconsistency in the definition or interpretation of any word, responsibility, or the contents or description of any task, deliverable, goods, service, or other work, or otherwise between the base Agreement and the Exhibits, or between Exhibits, such conflict or inconsistency shall be resolved by giving precedence first to the terms and conditions of the Agreement and then to the Exhibits listed below: A. Exhibit A – Ordinance Number 2017-0060 B. Exhibit B – Scope of Work C. Exhibit B-1 – Authorized Cannabis Emblem D. Exhibit B-2 – Emblem Program For Authorized Cannabis Stores 2. This Agreement and the Exhibits hereto constitute the complete and exclusive statement of understanding between the parties, and supersedes all previous agreements, written and oral, and all communications between the parties relating to the subject matter of this Agreement. No change to this Agreement shall be valid unless prepared pursuant to Paragraph 14, ALTERATION OF TERMS/AMENDMENTS. 3. Pursuant to California Business and Professions Code section 26200(d), by permitting commercial cannabis activity within the territorial limits of the City, City has assumed complete responsibility for any regulatory function pertaining to commercial cannabis activity, pursuant to Division 10 of the Business and Professions Code. 4. County, acting by and through its Department of Public Health, Division of Environmental Health, agrees to perform, at the City’s request, within the City’s territorial limits those public health regulatory and inspection functions for City-licensed commercial cannabis activities as permitted in County ordinances in Chapters 11.37 and 8.04 of the 4 County Code, which has been incorporated by City into its Municipal Code, and as provided in the Scope of Work attached hereto as Exhibit B, including Exhibits B-1 and B-2. 5. The City shall designate a program manager, to provide the County with 30 days' advance notice of any new commercial cannabis facilities licensed by City to conduct retail, distribution, manufacturing, microbusiness or cultivation activities. 6. County shall review applications of those persons or entities applying for public health permits who apply to City's Department of Cannabis Regulation for licenses to perform the following types of commercial cannabis activities: (1) Retail; (2) Distributor; (3) Manufacturing; (4) Microbusiness; and (5) Cultivation. 7. County shall charge and collect public health permit fees to both City applicants and City licensees. County permit fees shall be in amounts as approved by the County Board of Supervisors, to offset the reasonable cost of the County performing this regulatory function for City. City shall have no claim or right to any fee, fine, or cost collected or charged by County to an applicant or City licensee. 8. City shall submit an initial written inventory list of City’s licensed commercial cannabis facility locations receiving water within the City and information on any backflow prevention device currently installed at those locations, to the County within 30 days of the execution of this Agreement. 9. City shall provide County with access to each City licensee's track and trace database information, as defined by State law, including but not limited to, unique identifier information of all commercial cannabis movement in City’s licensees. 5 10. TERM: The term of this Agreement shall be effective date of execution and shall continue in full force and effect through June 30, 2023, unless sooner terminated or extended, in whole or in part, as provided in this Agreement. County shall have the sole and exclusive option to amend the Agreement to extend the term for an additional three (3) one-year periods, until June 30, 2026, unless terminated as provided in Paragraph 13, TERMINATION FOR CONVENIENCE. 11. NOTICES: Notices hereunder shall be in writing and may either be delivered personally or sent by facsimile, electronic mail, or registered or certified mail, return receipt requested, postage prepaid, attention to the parties at the addresses listed below. Director is authorized to execute all notices or demands which are required or permitted by County under this Agreement. Addresses and parties to be notified may be changed by providing at least ten (10) working days prior written notice to the other party. A. Notices to County shall be addressed as follows: (1) Department of Public Health Environmental Health – Administrative Headquarters 5050 Commerce Drive Baldwin Park, California 91706 Attention: Liza, Frias Director, Environmental Health Fax: (818) 813-30000 E-mail: LFrias@ph.lacounty.gov (2) Department of Public Health Contracts and Grants Division 5555 Ferguson Drive, 2nd Floor, Suite 210 Commerce, California 90022 Attention: Division Chief 6 B. Notices to City shall be addressed as follows: (1) City of Baldwin Park Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attention: Enrique Zaldivar Telephone: 626.960.4011 Fax: 626.962.2625 Email: Ezaldivar@baldwinpark.com (2) City of Baldwin Park Community Development Director 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attention: Benjamin Martinez Telephone: 626.960.4011 Fax: 626.962.2625 Email: bmartinez@baldwinpark.com 12. GOVERNING LAW, JURISDICTION, AND VENUE: This Agreement shall be governed by, and construed in accordance with, the laws of the State of California. The Contractor agrees and consents to the exclusive jurisdiction of the courts of the State of California for all purposes regarding this Agreement and further agrees and consents that venue of any action brought hereunder shall be exclusively in the County of Los Angeles. 13. TERMINATION FOR CONVENIENCE: The performance of services under this Agreement may be terminated, with or without cause, in whole or in part, from time to time when such action is deemed by County or City to be in their own best interest. Termination of services hereunder shall be effectuated by delivery of one party to the other of a one hundred and eighty (180) calendar day advance Notice of Termination 7 specifying the extent to which performance of services under this Agreement is terminated and the date upon which such termination becomes effective. 14. ALTERATION OF TERMS/AMENDMENTS: The body of this Agreement and any Exhibits attached hereto, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Agreement. No addition to, or alteration of, the terms of this Agreement, whether by written or verbal understanding of the parties, their officers, employees or agents, shall be valid and effective unless made in the form of a written amendment to this Agreement which is formally approved and executed by the parties in the same manner as this Agreement. 15. ASSIGNMENT AND DELEGATION: City shall not assign its rights or delegate its duties under this Agreement, or both, whether in whole or in part, without the prior written consent of County, in its discretion, and any attempted assignment or delegation without such consent shall be null and void. For purposes of this paragraph, County consent shall require a written Amendment to the Agreement, which is formally approved and executed by the parties. 16. INDEPENDENT CONTRACTOR STATUS: This Agreement is by and between the County and City and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and City. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. 17. INDEMNIFICATION: The City shall indemnify, defend, and hold harmless the County, its Special Districts, elected and appointed officers, employees, agents and volunteers (“County Indemnitees”) from and against any and all liability, including but not 8 limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert witness fees), arising from and/or relating to this Agreement, except for such loss or damage arising from the sole negligence or willful misconduct of the County Indemnitees. 18. NON-EXCLUSIVITY: Nothing herein is intended nor shall be construed as creating any exclusive arrangement with the City. This Agreement shall not restrict the County from providing public health permitting and regulation of commercial cannabis activities or facilities for other cities within Los Angeles County. 19. NO INTENT TO CREATE A THIRD PARTY BENEFICIARY AGREEMENT: Notwithstanding any other provision of this Agreement, the parties do not in any way intend that any person shall acquire any rights as a third party beneficiary under this Agreement. 20. VALIDITY: If any provision of this Agreement or the application thereof to any person or circumstance is held invalid, the remainder of this Agreement and the application of such provision to other persons or circumstances shall not be affected thereby. 21. WAIVER: No waiver by the County of any breach of any provision of this Agreement shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Agreement shall not be construed as a waiver thereof. The rights and remedies set forth in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Agreement. 9 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the month, day and year first hereinabove written. COUNTY OF LOS ANGELES By Barbara Ferrer, Ph.D., M.P.H., M.Ed. Director City of Baldwin Park City By Signature Emmanuel J. Estrada Printed Name Title Mayor APPROVED AS TO FORM BY THE OFFICE OF THE COUNTY COUNSEL RODRIGO A. CASTRO-SILVA County Counsel APPROVED AS TO CONTRACT ADMINISTRATION: Department of Public Health By Contracts and Grants Division Management #06007 ANALYSIS This ordinance amends Title 8 —Consumer Protection, Business Wage Regulations and Title 11 —Health and Safety of the Los Angeles County Code, to add a p ublic health permit and regulatory framework to enforce consumer protections and health and safety requirements for commercial cannabis activities. The Control, Regulate and Tax Adult-Use of Marijuana Act of 2016 (AUMA), was a n initiative measure approved by voters as Proposition 64 on the November 8, 2016, Statewide general election. AUMA authorized a person who obtains a State license to engage in commercial cannabis activity pursuant to that license and applicable local ordinances. In 2017, the California legislature passed The Medicinal and Adult-Use Cannabis Regulation and Safety Act (MAUCRSA). MAUCRSA consolidates the State licensure and regulation of commercial medicinal cannabis and adult-use cannabis activities. M AUCRSA provides State licensing and other requirements for commercial cannabis activities, but specifically reserves to cities and counties the authority to make additional local regulatory requirements for commercial cannabis activities. This ordinance has two regulatory components. It amends Title 8 to add Part 7 to Chapter 8.04, to create a public health permit requirement for commercial cannabis activities, such as cultivation, distribution, manufacture, and retail sale. The ordinance a uthorizes the County Health O~cer to enter and inspect the premises of a cannabis facility for compliance with both State and local health and safety requirements as a HOA.102045456.1 Revised EXHIBIT A condition of the permit. Non-compliance with the conditions of the public health permit could result in the suspension or revocation of the permit. The ordinance also provides the new public health permit and reinspection fees. The ordinance also creates Chapter 11.37 in Title 11 of the Code, which imposes specific requirements for the operation and maintenance of commercial cannabis facilities. These requirements protect the health of customers and the public by enforcing requirements that ensure the cannabis facility is operated in a clean and sanitary manner, so that the cannabis and cannabis products that are consumed by the p ublic are not adulterated or misbranded. To accomplish this, Chapter 11.37 requires those public health permit holders to have an odor control plan, a cannabis and cannabis product recall protocol, a waste management plan, and an employee training program for cleanliness standards. These requirements are conditions of the permit and are intended to protect not only the health and safety of the cannabis consuming p ublic, but also limit the potential negative impacts on those living and working in proximity to the various types of cannabis facilities. Although the County's Board of Supervisors has not permitted commercial cannabis activities within the unincorporated areas of the County, several cities will permit these activities within their jurisdictions. State law requires these cities to m aintain local regulatory control of commercial cannabis activities, and does not permit these cities to use its existing contract with the County to require the County Health Officer to enforce public health laws related to commercial cannabis activities. Several HOA.102045456.1 cities, however, have approached our County to regulate health and safety requirements for commercial cannabis activity within their city. In order to maintain regulatory uniformity, this ordinance can be adopted by each city that requests the County's health officer to enforce public health laws related to commercial cannabis activity. This action, along with a contract between the city and Los Angeles County, w ill permit the County Health Officer to enforce public health permit requirements for commercial cannabis activities within the jurisdiction of those cities. The County's costs for conducting this regulatory service will be offset by permit fees paid by those conducting commercial cannabis activities. Very truly yours, M ARY C. WICKHAM County C nsel 6y R BERT E. RAG ND Principal Deputy County Counsel Health Services Division RER:bI Requested: 9/15It7 Revised: 12It 5/17 HOA.102045456.1 8.04.1305 Definitions A. "Applicant' means the individual or business entity that is applying for a public health permit to operate a cannabis facility and whose name the permit will be issued. The applicant must be the owner of the cannabis facility and will be considered the permittee upon issuance of a permit. B. "Cannabis facility" means a permanent structure in a fixed location where a cannabis retailer, distributor, manufacturer, cultivator, or microbusiness operates or conducts business. C. "Cannabis product' means cannabis that has undergone a process w hereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. D. "Cannabis product recall" means an action or order made by the State and/or the county health officer to cease the sale, distribution, or manufacturing of cannabis or cannabis product when it has been determined by the County Health Officer that there is a reasonable likelihood that the cannabis or cannabis product is adulterated or misbranded, and that the use of, or exposure to, the cannabis or cannabis product may cause adverse health consequences to humans and/or animals. E. "Commercial cannabis activity" means the cultivation, possession, manufacture, distribution, handling, processing, storing, packaging, labeling, transportation, delivery, or sale of cannabis and cannabis products. HOA.102045456 2 F. "County Health Officer" means the Director of Public Health of the County of Los Angeles, or the duly appointed County Health Officer or his or her duly authorized representative. G. "Department' means the Los Angeles County Department of Public Health, Environmental Health Division. H. "Distributor" means a person or entity licensed and permitted to engage in the business of the distribution of cannabis and cannabis products between licensed cannabis facilities. "EHS" means an Environmental Health Specialist. J. "Employee" means each and every person engaged in the operation or conduct of any commercial cannabis activity business, whether as owner, member of the owner's family, partner, associate, agent, manager or operator, and each and every other person employed or working in such business for a wage, salary, commission, barter, or any other form of compensation, or for no compensation. K. "Manufacturer" means a person or entity licensed and permitted to conduct the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly, or by extraction methods, or i ndependently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or re-labels its container. HOA.102045456 3 L. "Microbusiness" means a person or entity, licensed by the State of California, and licensed, permitted or authorized by applicable local laws to cultivate cannabis on an area less than 10,000 square feet and to act as a licensed and/or permitted cannabis distributor, Level 1 manufacturer, as defined by Business and Professions Code Section 26130(a)(1), and/or retailer. M. "Notice of closure" means a public notice that may be posted by the County Health Officer at a cannabis facility upon suspension or revocation of the facility's public health permit and results in the immediate closure of the cannabis facility and the discontinuance of all operations of the cannabis facility, by order of the County Health Officer, because of violations of applicable State, and local statutes, orders, ordinances, quarantines, rules, regulations, or directives relating to the public health. N. "Operator" means anyone who, as an employee, manager, owner, or otherwise, is engaged in the cultivation, distribution, dispensing, manufacturing, sale or handling of cannabis or cannabis products at a permitted cannabis facility. O. "Owner" means any of the following: 1. All persons identified as an "owner" on any permit, license, or other authorization issued by a State agency or local government which authorizes the persons to establish and operate the cannabis facility. 2. Any person identified or required to be identified as an "owner" on an application filed with any State agency and any local government, wherein the application requests the privilege to operate the cannabis facility. HOA.102045456 4 3. If no person under subsection 1 or 2, above, exists: a. A person with an aggregate ownership interest of 20 percent or more in the corporate entity, partnership, or other business entity applying for a permit or a permittee, unless the interest is solely a security, lien, or encumbrance. b. The Chief Executive Officer of a nonprofit or other entity. c. A member of the Board of Directors of a nonprofit. d. An individual who will be participating in the direction, control, or management of the person applying for a permit, including, but not limited to, a member of the board of directors of a nonprofit. P. "Public health permit' means a written authorization to operate a cannabis facility, including but not limited to a cannabis cultivator, cannabis manufacturer, cannabis distributor, cannabis microbusiness, or cannabis retail facility, issued by the County Health Officer, without which permit said operation would be unlawful. Q. "State agency or State" means the State licensing entities responsible for creating regulation for commercial cannabis activity in California, including but not limited to, the: 1. California Bureau of Cannabis Control. 2. California Department of Public Health. 3. California Department of Food and Agriculture. R. "Testing laboratory" means a laboratory, facility, or entity in the State that offers or performs tests of cannabis or cannabis products and that is ISO/IEC 17025 H OA.102045456 5 accredited, or pending ISO/IEC 17025 accreditation, and licensed by the California Bureau of Cannabis Control. 8.04.1310 Cannabis Public Health Permit Requirements A. Prior to the establishment or operation of any cannabis facility, or when an established and operating cannabis facility possesses a provisional license from a local licensing agency while applying for a permanent license, the owner shall obtain a public health permit and other applicable permits and licenses from all State and local licensing agencies. B. Every owner desiring a public health permit to conduct commercial cannabis activities from a cannabis facility shall file an application with the Department u pon a form provided by the Department, and at such time pay the required fee and penalty, if any. C. Upon receipt of an application for a public health permit for a cannabis facility with all pertinent data and the submission of the full public health permit fee, the Department shall review the application. D. Ail permits for a cannabis facility shall be valid for 12 months from the date of issuance and may be renewed annually. The public health perrnit is valid only for the person or entity, location, and type of sales or activity approved. E. Public health permits shall not be transferable upon change of ownership of the cannabis facility. F. Each commercial cannabis activity within a cannabis facility including, but not limited to, retail, distribution, manufacturing and cultivation shall be deemed a HOA.102045456 6 separate enterprise for purposes of this Part and shall require a separate public health permit. G. All public health permits and licenses shall be posted in a conspicuous place at the cannabis facility. 8.04.1315 Cannabis Public Health Permit Renewals A. An application for renewal of any cannabis facility public health permit shall be submitted by the owner to the Department at least 60 calendar days prior to the expiration date of the current permit, but no more than 120 calendar days prior to the expiration of the current permit. 1 . A cannabis facility owner shall complete and submit all required documents for a public health permit renewal to the Department. 2. A permitted cannabis facility owner that does not obtain a renewed permit by end of the business day of the expiration date shall discontinue operation of the facility until a new public health permit is issued. 3. Any permit that has not been renewed by the annual renewal date will not be valid and shall be deemed inactive. 8.04.1317 Denial of Cannabis Public Health Permit Auplications The Department may reject an application or renewal application upon making a ny of the following findings: A. The applicant made one or more false or misleading statements or omissions on the public health permit application or during the application process. HOA.102045456 B. The applicants business entity, if applicable, is not properly organized in compliance with applicable State and local laws and regulations. C. The applicant fails to meet the requirements of this Part or of Chapter 11.37 of the County Code. D. The applicant, or any of its officers, directors, owners, managers, or employees is undertwenty-one (21) years of age. E. The applicant, or any of its officers, directors, owners, or managers, is a licensed physician making patient recommendations for medicinal cannabis. F. The applicant did not pay the County the required application and processing fees. G. The County Health Officer has determined good cause exists to reject the a pplication. 08.04.1325 Plan Check Requirements A. A person proposing to construct, remodel, or change the public health permit classification of any cannabis facility shall submit a plan check fee which is in addition to any other public health permit fees that may be required for the operation of the cannabis facility. B. Each person proposing to construct or remodel a microbusiness, or d istribution, manufacturing, or retail cannabis facility shall submit to the Department for review three complete, easily readable plans, drawn to scale and with specifications, and shall receive plan approval from the Department before starting any new construction or remodeling of any cannabis facility. HOA.102045456 8 C. Plan corrections and additional specifications may be required, if the Department determines that such changes are necessary to assure compliance with the requirements of this subdivision B, including, but not limited to, change in the cannabis facility's method of operation. D. The plans shall be approved or rejected by the Department within 20 working days after receipt of plans and fees. The applicant shall be notified of the decision. E. Cannabis cultivation facilities, including microbusinesses proposing to cultivate cannabis, shall submit three complete, easily readable sets of plans drawn to scale and with specifications to the Department for review and approval for cross- connections compliance as required by the California Code of Regulations Title 17, a pplicable County Code provisions, and any other applicable requirements promulgated b y the Department of Agriculture. A cannabis cultivation facility shall pay the applicable fee for the backflow prevention assembly, as required by Chapter 11.37.030 of this Code. 8.04.1330 Penalty for No Cannabis Public Health Permit A person engaging in commercial cannabis activity without a public health permit as required by this Part shall be subject to civil penalties for each violation. Each day of operation shall constitute a separate violation of this Part. A violation of this Section shall incur such civil penalties as provided in Sections 8.04.934, 8.04.936, 8.04.938, and 8.04.942. The County may assess costs and fees as permitted by Section 8.04.705. If required by State law or regulation, or court order to destroy the HOA.102045456 9 cannabis associated with the violation, a violator shall be responsible for the cost of the destruction of cannabis or cannabis products associated with the violation. 8.04.1335 Re-inspection of Cannabis Facilities A. Conditions requiring additional re-inspections due to a cannabis facility's noncompliance with applicable State and local laws and regulations, will incur additional re-inspection fees in effect at the time of reinspection. A re-inspection fee shall be due a nd payable whenever: 1. The County Health Officer has given written notice of a Public Health Code violation or violations to the owner, operator, or person in charge of a cannabis facility, and the notice contains a re-inspection date by which the violation or violations must be corrected. 2. The violation or violations have not been corrected by the re- inspection date on the notice of violation or official inspection document. 3. An additional re-inspection by the Department is necessary to d etermine whether the violation or violations have been corrected. 8.04.1340 Notice To Be Given. All official inspection reports issued to a cannabis facility contain a notice similar to that contained in Section 8.04.650. Any additional re-inspection fees to be charged to a cannabis facility shall be similarly noticed as provided in Section 8.04.650.8. 8.04.1350 Collection of Reinspection Fee. The reinspection fee, plus any interest at the rate set forth in Section 8.04.840 and any penalty thereon shall be collected by the County Health Officer. The County HOA.102045456 Health Officer may add any unpaid balance to the amount due for any subsequent p ublic health permit renewal or permit application by the owner of such cannabis facility or refer any delinquent fees to the Treasurer and Tax Collector for collection. The total a mount due shall be the cannabis facility permit fee for such business. SECTION 2. Division 1, Part 2, Chapter 8.04 of Title 8 of the Los Angeles County Code is hereby amended to read as follows: 8.04.720 Fee Schedule. B usiness Classification !Permit Fee A nimal food market .$175.00 Tvpe A-Small (1 — 9,999 square feet) Type A- Medium (10,000 — 21.999 square feet) Tvpe A- Large (over 22,000 square feet) Tvpe M-Small (1 — 9,999 square feet) Tvpe M- Medium (10,000 — 21,999 square feet) Type M- Larpe (22,000+ square feet) Tvpe A & M- Small (1 — 9,999 square feet) Tvpe A & M- Medium (10,000 — 21,999 square feet) HOA.102045456 11 Tvpe A & M- Large (22,000+ square feet) Cannabis facility, Cultivation Microbusiness: Type A - Smail (1 — 2,999 square feet) Type A, Medium (3,000 — 6,999 square feet) Type A- ~arae (7,000 — 10,000 square feet) Type M-Small (1 — 2,999 square feet) Type M -Medium (3,000 — 6,999 square feet) ype M- Large (7,000 —10,000 square feet) Type A & M- Small (1 — 2,999 square feet) Type A & M- Medium (3,000 — 6,999 square feet) Type A & M- Larqe (7,000 — 10,000 square feet) Type A-Small (1 — 4,999 square feet) Tvqe A- Medium (5,000 — 9,999 square feet) Type A- Large (10,000+ square feet) Tvge M-Small (1 — 4,999 square feet) Type M- Medium (5,000 — 9,999 square feet) Type M- Large (10,000+ square feet) 1.918.00 1.180.00 1 ,549.00 1,918.00 1 ,180.00 1 ,549.00 HOA.102045456 ~ 2 Type A & M - Smail (1 — 4,999 square feet) Tvpe A & M- Medium (5,000 — 9,999 square feet) Type A & M- Large (10,000+ square feet) ape A -Small (1 — 4,999 square feet) Type A- Medium (5,000 — 9,999 square feet) Type A- Large (10,000+ square feetl Tvpe M -Small (1 — 4,999 square feet) Tvpe M- Medium (5,000 — 9,999 square feet) Type M- Large (10,000+ square feet) Tvpe A & M-Small (1 — 4,999 square feet) Tvpe A & M- Medium (5,000 — 9.999 square feet) Tvpe A & M- Large (10,000+ square feet) Tvae A Level 1- Smaii (1 - 999 square feet) Tvpe A Level 1- Medium (1,000 — 4,999 square feet) ape A Level 1- Large (5,000+ square feet) Tvpe A Level 2- Smaii (1 - 999 square feet) ~•.: ~~ 3,430.00 3,762.00 ~!: ~~ 3,430.00 H OA.102045456 13 Tvpe A l.evei 2- Medium (1,000 - 4999 square feet) ;3,430.00 Type A Level 2- Large (5,000+ square feet) Tvpe M Levei 1 -Small (1 - 999 square feet) Tvae M Level 1 -Medium (1,000 — 4,999 square feet) Tvpe M bevel 1- Large (5,000+ square feet) Tvpe M Level 2 - Smali (1 - 999 square feet) j3.098.00 Tvpe M Level 2- Medium (1,000 — 4,999 square feet) X3,430.00 TvPe M Level 2-large (5,000+ square feet) 13,762.00 Type A & M Level 1- Smali (1 - 999 square feet) X3,098.00 Tvpe A & M bevel 1 -Medium (1,000 - 4999 square feet) j3.430.00 Tvpe A & M Level 1 -Large (5,000+ square feet) ;3,762.00 Tvpe A & M Level 2 -Small (1 - 999 square feet) ;3,098.00 Tvae A & M Level 2 -Medium (1,000 — 4,999 square feet) Tvpe A & M Level 2 - Larpe (5,000+ square feet) Tvpe A Level 1 -Small (1 - 999 square feet) Type A Level 1 -Medium 000 — 4,999 square feet) Tvpe A Level 1 -Large (5,000+ square feet) HOA.102045456 14 Tvpe M bevel 1 -Small (1 - 999 square feet) 13,098.00 Type M Level 1 -Medium (1,000 — 4,999 square feet) Tvpe M Level 1 - Large (5,000+ square feet) Type A & M Level 1 -Small (1 - 999 square feet) Type A & M Level 1 -Medium (1,000 — 4,999 square feet) Tvpe A & M Level 1 - Large (5,000+ square feet) Tvpe A -Small (1 - 999 square feet) Tvpe A -Medium (1,000 - 4999 square feet) Type A - Large (5,000+ square feet) Tvge M -Small (1 - 999 square feet) Type M -Medium (1,000 - 4999 square feet) Type M - Larpe (5,040+ square feet) Type A & M -Small (1 - 999 square feet) Tvpe A & M -Medium (1,000 — 4,999 square feet) Tvpe A & M - Large (5,000+ square feet) Tvpe A - Smali (1 - 999 square feet) Tvpe A -Medium (1,000 - 4999 square feet) H OA.102045456 15 Tvpe A - Large (5,000+ square feet) Tvpe M - Smali (1 - 999 square feet) Tvpe M -Medium (1,000 - 4999 square feet) Tvpe M - Large (5,000+ square feet) Tvpe A & M -Small (1 - 999 square feet) Tvpe A & M -Medium (1,000 — 4,999 square feet) Tvpe A & M - Large (5,000+ square feet) Caterer: 8.04.725 Schedule of Plan Check Fees. 1,942.00 2,164.00 2,385.00 1.942.00 2,164.00 The Schedule of Plan Check fees to be paid at the time plans are submitted to the County Health Officer shall be as follows: 'Business Classification Plan Check Fees 'Body art facility: ... ~ Cannabis facility: —~ Cultivation -Small (1 — 9,999 square feet) — — — 1,721.00 ~ — ~ --- HOA.102045456 16 Cultivation -Medium (10,000 — 21,999 square feet) Cultivation - Large (22,000+ square feet) Distribution -Small (1 - 4.999 square feet) Distribution -Medium (5,000 — 9,999 square feet) Distribution - ~arge (10,000+ square feet) '2,729.00 Manufacturing -Small (1 - 999 square feet) !2,139.00 Manufacturing -Medium (1,000 - 4999 square feet) ;2,581.00 Manufacturing -Large (5,000+ square feet) X2,803.00 Retail -Small (1 - 999 square feet) ! 1,573.00 Retail -Medium (1,000 - 4,999 square feet) ;1,795.00 Retail - Larpe (5,000+ square feet) !2,114.00 Cross-connection ~~ 1, 557.00 HOA.102045456 ~ 7 SECTION 3. Chapter 11.37 is hereby added to read as follows: Chapter 11.37 Cannabis Facilities Part 1 General Provisions 1 1.37.010 Purqose A. The purpose of this Chapter is to create public health regulatory requirements to ensure that commercial cannabis activities are conducted in a manner that protects the health and safety of the consumer and the public. B. The authority for this Chapter 11.37 is contained in Division 10 of the California Business and Professions Code, which expressly permits local regulation of commercial cannabis activities. C. The definitions contained within this Section, also pertain to Part 7 of Chapter 8.04 of Title 8 of this Code. 1 1.37.020 Definitions A. "Adulterated Product" means the cannabis or cannabis product that is m anufactured, prepared, packed, held, or sold under insanitary conditions whereby it may have become contaminated with filth or rendered injurious to health. B. "Batch" means a specific quantity of homogeneous cannabis or cannabis product that is one of the following types: 1. "Harvest batch" means a specifically identified quantity of dried flower or trim, leaves, and other cannabis plant matter that is uniform in strain, harvested at the same time, and, if applicable, cultivated using the same pesticides and other agricultural chemicals. HOA.102045456 2. "Manufactured cannabis batch" means either of the following: a. An amount of cannabis concentrates or extract produced in one production cycle using identical input materials, extraction methods, and standard operating procedures, and intended to have uniform character and quality; or b. An amount of a type of manufactured cannabis produced in one production cycle using identical formulation and standard operating procedures that is intended to have uniform character and quality. C. "Batch number" means any distinct group of numbers, letters, or symbols, or any combination thereof, assigned, as required by State law, to a specific Harvest Batch or Manufactured Cannabis Batch, and from which the complete history of the m anufacturing, packaging, labeling, and/or holding of a lot of cannabis product can be d etermined. D. "Best management practice" means methods or techniques found to be the most effective and practical means in achieving an objective. E. "Cannabidiol" or "CBD" means one of the chemical compounds that are the active principles of cannabis. F. "Cannabis" means ail parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, o btained from cannabis. "Cannabis" also means marijuana as defined by section 11018 H OA.102045456 19 of the Health and Safety Code. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. "Cannabis" does not mean "industrial hemp" as defined by section 81000 of the Food and Agricultural Code or section 1018.5 of the Health and Safety Code. G. "Cannabis concentrate" means manufactured cannabis that has u ndergone a process to concentrate one or more active cannabinoids, thereby i ncreasing the products potency. Resin from granular trichomes from a cannabis plant is a concentrate. A cannabis concentrate is not considered food, as defined by section 109935 of the Health and Safety Code, or a drug, as defined by section 109925 of the Health and Safety Code. H. "Cannabis labeling" means any label or other written, printed, or graphic m atter upon a cannabis product, or upon its container or wrapper, or that accompanies any cannabis product. "Cannabis waste" means waste that is not hazardous waste, as defined in Public Resources Code section 40191, that contains cannabis and that has been made unusable and unrecognizable in a manner required by State and local laws and regulations. J. "Component' means any substance or item intended for use in the m anufacture of a cannabis product, including those substances or items that are not HOA.102045456 2~ intended to appear in the final form of the product. Component can include cannabis a nd cannabis products used as ingredients, other ingredients, and processing aids. K. "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, or trimming of cannabis. L. "Delivery" means the commercial transfer of cannabis or cannabis products to a customer. "Delivery" also includes the use by a retailer of any technology platform owned, leased, or controlled by the retailer. M. "Distribution" means the procurement, sale, and transport of cannabis and cannabis products between permittees. N. "Dried flower" means all dead cannabis that has been harvested, dried, cured, or otherwise processed, excluding leaves and stems. O. "Edible cannabis product' means cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing g um, but excluding products set forth in Division 15 (commencing with section 32501) of the Food and Agricultural Code. An edible cannabis product is not considered food, as defined by section 109935 of the Health and Safety Code, or a drug, as defined by section 109925 of the Health and Safety Code. P. "Extraction" means a process by which cannabinoids are separated from cannabis plant material through chemical or physical means. Q. "Finished product" means a manufactured cannabis product in its final form to be sold to a customer at a retail store. HOA.102045456 2 R. "Holding" means storage of cannabis or cannabis products and includes activities performed incidental to storage of a cannabis product and activities performed as a practical necessity for the distribution of that cannabis product. S. "Infusion" means a process by which cannabis, cannabinoids, cannabis concentrates, or manufactured cannabis are directly incorporated into a product formulation to produce a cannabis product. T. "Limited-access area" means an area in which cannabis and cannabis products are stored or held and are only accessible to the owner, operator and cannabis facility authorized personnel. U. "Local licensing agency" means a local public entity that licenses or permits any commercial cannabis activity, as defined in this Part. V. "LoY' means a batch or a specifically identified portion of a batch. W. "Manufacture" means to compound, blend, extract, infuse, or otherwise m ake or prepare a cannabis product. X. "Manufactured cannabis" means raw cannabis that has undergone a process whereby the raw agricultural product has been transformed into a concentrate, an edible product, or a topical product. Y. "Manufacturing" or "manufacturing operation" means all aspects of the extraction andlor infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products. Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients used in cannabis products. H OA.102045456 22 Z. "Manufacturing site" means the premises that produces, prepares, propagates, or compounds manufactured cannabis or cannabis products, directly or i ndirectly, by extraction methods, independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis, and is owned, leased, or controlled and operated by a permittee for these activities. AA. "Undesirable Microorganisms" means those yeasts, molds, bacteria, viruses, protozoa, and/or microscopic parasites that are pathogens, that subject m anufactured cannabis to decomposition, that indicate that manufactured cannabis is contaminated with filth, or that otherwise may cause manufactured cannabis to be adulterated. BB. "Misbranding" means misbranded cannabis or cannabis products as defined in the California Business and Professions Code, section 26121. CC. "Package" means any container or receptacle used for holding cannabis or cannabis products. DD. "Permittee" means a person who has obtained a public health permit from the Department to operate a cannabis facility. EE. "Person" means any individual, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit, and the plural as well as the singular. FF. "Person in charge" means the individual present at a commercial cannabis facility who is responsible for the operation of the commercial cannabis facility. HOA.102045456 23 GG. "PesY' means undesired insect, rodent, nematode, fungus, bird, vertebrate, invertebrate, weed, virus, bacteria, or other microorganism that is injurious to h uman health or environment. H H. "Pesticide" means, but is not limited to: 1. Any substance or mixture of substances intended to prevent, destroy, control, repel, or mitigate any insect, rodent, snail, slug, fungus, weed, or any other form of plant or animal life or virus, fungus, bacteria or other microorganism which is normally considered to be a pest, except viruses on or in a living person or other l iving animal. 2. Any substance or mixture of substances intended to be used as a plant regulator, defoliant, or desiccant. 3. Any spray adjuvant. Pesticides include substances commonly referred to as herbicides, fungicides, insecticides, and cloning agents. I I. "Premises" means the designated structure or structures and land specified in the application for a cannabis public health permit that is owned, leased, or otherwise held under the control of the applicant or permittee where the commercial cannabis activity will be or is conducted. The premises shall be a contiguous area and shall only be occupied by a permittee. JJ. "Retail area" means a building, room, or other area upon the permitted premises in which cannabis and cannabis products are sold or displayed. HOA.102045456 24 KK. "Sell," "sale," and "to sell" means any transaction whereby, for any consideration, title to cannabis or cannabis products is transferred from one person to another, and includes the delivery of cannabis or cannabis products pursuant to an order placed for the purchase of the same and soliciting or receiving an order for the same, but does not include the return of cannabis or cannabis products by a permittee to the permittee from whom the cannabis or cannabis product was purchased. LL. "Time/temperature control for cannabis or cannabis product safety or TCS" means a cannabis or cannabis product that requires time/temperature control for safety to limit pathogenic microorganism growth or toxin formation. M M. "THC" means the compound tetrahydrocannabinol. "THC" refers specifically to delta 9-tetrahydrocannabinol. N N. "Topical product' means a product intended for external use such as with cannabis-enriched lotions, balms and salves. A topical cannabis product is not considered a drug as defined by section 109925 of the Health and Safety Code. 00. "Track and trace system" means the universal identification certificate program for commercial cannabis activity. It is the seed-to-sale tracking system that tracks cannabis and cannabis product throughout the distribution chain, from either the sprouted seed or rooted cutting (or clone) until the cannabis or cannabis product is sold or delivered to a retail customer or is destroyed. It includes the program administered b y the California Department of Food and Agriculture, pursuant to section 26069 of the B usiness and Professions Code, as well as any track and trace system administered by a local jurisdiction. HOA.102045456 25 PP. "Unique identifier (UID)" means an alphanumeric code or designation used for reference to a specific plant on permitted premises and any cannabis or cannabis product derived or manufactured from that plant. Part 2 Operational Requirements of Cannabis Facilities 1 1.37.030 Cannabis Facilities Backflow Prevention Devices Cannabis facilities that have approved backflow prevention devices as required b y Title 17 of the California Code of Regulations shall be tested at least once each calendar year by a person having received a certificate of competence from the Department. Records of backflow prevention device tests) shall be submitted to the Department within 30 days using the form provided by the Department. 1 1.37.040 Commercial Cannabis Manufacturing Facilities A. Cannabis or cannabis product manufacturing facilities shall meet all health protection operating criteria for the manufacturing of cannabis and cannabis products as required by State law and regulations promulgated by the California Department of Public Health. B. Manufacturing cannabis facilities shall operate in a permanently constructed structure and shall not operate from a vehicle or non-permanent structure. C. Edible cannabis products shall be: Manufactured and sold under sanitation standards established by the State Department of Public Health that are similar for preparation, storage, handling, and sale of food products. HOA.102045456 26 2. Marked with a universal symbol on its packaging, as required by State law, regulations adopted by the State Department of Public Health or local laws. D. Cannabis, including concentrated cannabis, included in a cannabis product manufactured in compliance with law is not considered an adulterant under State law. E. Prior to delivery or sale at a retailer, cannabis and cannabis products shall be labeled and placed in a resealable, tamper-evident, child-resistant package and shall i nclude a unique identifier for the purposes of identifying and tracking cannabis and cannabis products. F. Ail cannabis products shall be labeled with all health and dosage i nformation or warnings as required by State laws and regulations, and local laws. G. All TCS products, e~ractions, concentrates, and infusions intended for h uman consumption must be refrigerated at temperatures of 41 °For below unless otherwise approved by the Department. Approvals are based on a review of written procedures that are followed to make the product; the use of control measures; and any other scientific evidence submitted by the manufacturer from a certified laboratory or process authority that demonstrates the shelf stability of the product in question. 1 1.37.050 Commercial Cannabis Distribution Facilities A. A cannabis distribution facility shall meet all health protection operating criteria for the distribution of cannabis and cannabis products as required by State law a nd regulations promulgated by the California Bureau of Cannabis Control. HOA.102045456 27 B. A distributor shall ensure that each cannabis batch is stored separately a nd distinctly from every other cannabis batch on the distributor's premises. C. A distributor shall ensure a label with the following information is physically attached to each container of each batch: The manufacturer or cultivator's name and permit number; the date of entry into the distributor's storage area; the unique identifiers and batch number associated with the batch; a description of the cannabis products with enough detail to easily identify the batch; and the weight of or quantity of units in the batch. D. A distributor shall store cannabis and cannabis products in a building d esigned to permit control of temperature and humidity and shall prevent the entry of e nvironmental contaminants such as smoke and dust. The area in which cannabis and cannabis products are stored shall be vermin proof and shall not be exposed to direct sunlight. A distributor may not store cannabis or cannabis products outdoors. E. A distributor may provide cannabis or cannabis product storage-only services to a cultivator, manufacturer, or other distributor, which are unrelated to the q uality assurance and laboratory testing processes required of the distributor. F. A distributor shall maintain a written contract with other permitted cannabis facilities storing cannabis or cannabis products on the distributor's premises. A d istributor shall maintain a separate cannabis and cannabis products storage inventory for each cannabis facility and all of distributor's storage inventories and written contracts shall be provided to the Department upon request. All inventory documents shall contain the identity and State license number of all contracting parties. Hon.~ozoasass 28 G. A distributor shall ensure compliance with cannabis and cannabis product packaging and labeling requirements of State law and regulations, and local laws. H. After taking physical possession of a cannabis batch, the distributor shall meet all testing requirements and procedures as required by State law and regulations, and local laws. Upon the request of the Department, the distributor shall immediately make available the results of all tests performed on each cannabis batch by a certified testing laboratory. I. A distributor shall not transport or arrange for the transportation of, or in a ny way transfer, a batch that failed a laboratory testing to a cultivator, manufacturer, or other permittee unless specifically authorized to do so by the Department. J. All TCS products, extractions, concentrates, and infusions intended for h uman consumption must be refrigerated at temperatures of 41 °F unless otherwise a pproved by the Department. The operator of a cannabis distribution facility shall follow the manufacturer's requirement for safe storage of such products. 1 1.37.060 Retail Cannabis Facilities A. Retail cannabis facilities, which also specifically include licensed microbusinesses that offer cannabis or cannabis products for retail sale, shall meet all health protection operating criteria for the sale of cannabis and cannabis products as required by State law and regulations, and local laws. B. Retail cannabis facilities shall operate in a permanently constructed structure and shall not operate from a vehicle ornon-permanent structure. Retail HOA.102045456 29 cannabis facilities may conduct cannabis and cannabis product delivery services, if authorized to do so by the local licensing agency. C. Permitted retail cannabis facilities shall only sell cannabis and cannabis products approved and permitted by the State. D. Permitted retail cannabis facilities shall not sell or provide alcohol or tobacco to any customer or the public. E. Permitted retail cannabis facilities are prohibited from giving away any a mount of cannabis or cannabis products as part of a business promotion. F. Permitted retail cannabis or microbusiness facilities shall not allow the on- site consumption of cannabis and cannabis products by any customer, person, or employee, except as authorized by local law. G. All TCS products, extractions, concentrates, and infusions, and cannabis products intended for human consumption must be refrigerated at temperatures of 41 °F u nless otherwise approved by the Department. Retail cannabis operator shall follow the m anufacturer's requirement for safe storage of such products. Part 3 General Reauirements of Cannabis Facilities 11.37.070 Odor Management Plan A. Any person proposing to apply for a public health permit for a cannabis facility, or applying as a new owner of an existing cannabis facility shall submit an Odor Management Plan along with the submission of a public health permit application and plans to the Department. The Odor Management Plan shall, comply with the requirements of the local licensing agency, if any, and describe sufficient processes HOA.102045456.1 3~ which, if implemented, will prevent odors from the cannabis facility from being detected b y a person outside of the facility or indoor cultivation site. B. The Odor Management Plan shall include a detailed description of the ventilation system used by the cannabis facility, including but not limited to, how the ventilation systems prevent odor from escaping the facility or indoor cultivation site and how to mitigate the noxious fumes or gases. C. The cannabis facility operator shall be responsible for the development, i mplementation, and maintenance of the Odor Management Plan. Odor mitigation practices shall be based on industry-specific best control technologies and best m anagement practices. The plan shall include the range of odor mitigation practices to be deployed to control odor-emitting activities, sources, and locations, how and when these practices will be deployed, and accounting for any identified odor-emitting activity. D. The permittee, operator, or person in charge of a cannabis facility shall m aintain, and provide to the Department upon request, all records relating to odor m anagement, including but not limited to, system installation, maintenance, any equipment malfunctions and deviations from Odor Management Plan. E. The permittee, operator, or person in charge of a cannabis facility shall m aintain records of odor complaints received and response actions thereto. F. If an inspection or complaint investigation by the Department reveals any deviation from the Odor Management Plan, such deviation shall be a violation of this Chapter. HOA.102045456 31 G. If an inspection reveals that the existing Odor Management Plan does not effectively mitigate odors emanating from the cannabis facility or cannabis facility's cultivation site, the Department shall provide the operator or person in charge with a notice of deficiencies. The operator or person in charge of the cannabis facility shall be required to submit a modified Odor Management Plan within a reasonable amount of time, as determined by the Department. Failure to submit a modified Odor Management Plan within the required time period shall be a violation of this Chapter. Failure of an operator to submit and implement a modified Odor Management Plan may result in the suspension of the cannabis facility's public health permit. H. When a modification is made to a cannabis facility, or the facility operation, that has the potential to impact the nature or degree of odor, or affects the control of odor, the cannabis facility operator must update its Odor Management Plan within 30 days of facility modification. Failure to submit an updated Odor Management Plan within 30 days of facility modification shall be a violation of this Chapter. 1 1.37.080 Waste Management Plan A. Any person proposing to apply for a public health permit for a cannabis facility, or apply as a new owner of an existing cannabis facility shall submit a Waste Management Plan along with the submission of a public health permit application or plans to the Department. B. A Waste Management Pian shall address the storing, handling, disposing,. a nd reusing of all waste by-products and shall characterize the volume and types of HOA.102045456 32 waste generated for all commercial cannabis activities in compliance with the best m anagement practices and State law and regulations. C. A cannabis facility shall not sell or otherwise transfer title of cannabis waste, except as permitted by State law and regulation. D. All cannabis and cannabis products that a cannabis facility intends to render into cannabis waste, whether voluntarily or directed by the Department shall be held on the premises in quarantine for a minimum of 72 hours. The cannabis facility operator shall affix to each batch the required documents) with batch information and weight. At no time during the quarantine period may the cannabis or cannabis products be handled, moved, or rendered into cannabis waste. The quarantined cannabis and cannabis products are subject to inspection by the Department. E. All garbage and refuse on the cannabis facility premises shall be stored in nonabsorbent, water-tight, vector resistant, durable, easily cleanable, galvanized metal or heavy plastic containers with tight fitting lids. No refuse container shall be filled beyond the capacity that prevents complete closure of the lid. All garbage and refuse on the premises, whether mixed with rubbish or other material or not, shall not be accumulated or stored for more than seven calendar days, and shall be properly d isposed of before the end of the seventh day. All waste, including but not limited to refuse, garbage, green waste and recyclables, must be disposed of in accordance with State law and regulation, and local law. All waste generated from commercial cannabis o perations must be properly stored and secured, whether in the control of the cannabis facility operator or not, in order to prevent access to the public. H OA.102045456 33 F. The cannabis facility shall render cannabis and cannabis product into cannabis waste before removing the cannabis waste from the premises. The rendering process shall be recorded on video. The resulting cannabis waste shall be placed in the cannabis facility's refuse bin or transferred to a waste disposal facility approved by the State, All cannabis waste shall be rendered unusable and unrecognizable by mixing, g rinding, and incorporating the cannabis waste with anon-consumable material or by i ncorporating any nonhazardous compostable material so that the resulting mixture is at least 50 percent non-cannabis waste by volume. The cannabis waste shall be tracked b y one batch at a time and the cannabis facility shall not comingle different batches into cannabis waste. G. After a cannabis facility operator renders the cannabis and cannabis product into cannabis waste, the cannabis facility operator shall do one of the following with the cannabis waste: 1. Dispose of the cannabis waste at a manned and fully permitted solid waste landfill. 2. Deposit the cannabis waste at a manned and fully permitted compostable materials handling facility or operation. 3. Deposit the cannabis waste at a manned and fully permitted in- vessel digestion facility or operation. H. The cannabis facility operator shall use the track-and-trace database and onsite documents to ensure the cannabis waste materials are identified, weighed, and tracked while on the cannabis facility premises and when disposed of or deposited. The HOA.102045456 34 cannabis facility operator shall enter the date and time that the cannabis product was rendered into cannabis waste and the weight of the resulting cannabis waste into the track-and-trace database. I. All cannabis facility operators shall maintain accurate and comprehensive records regarding cannabis waste material that account for, reconcile, and evidence all activity related to the generation and disposal or deposition of cannabis waste. The cannabis facility operator shall obtain a record from the solid waste facility or operation evidencing the acceptance of the cannabis waste material at the facility or operation. The record must contain the name and address of the operation or facility, the date, the volume or weight of the cannabis waste accepted, and the name and signature of the person in charge of the facility or operator who accepts the cannabis waste. Once the cannabis waste is accepted by the solid waste facility, the cannabis facility operator shall input the date and time of the disposal or deposition of the cannabis waste at a solid waste facility into the track-and-trace database. These documents are records subject to inspection by the Department. J. All commercial cannabis operations that utilize and generate hazardous m aterials or hazardous waste shall comply with all applicable hazardous material regulations, including but not limited to, hazardous waste generator, underground storage tank, above ground storage tanks, and hazardous materials handling requirements and maintain any applicable permits for these programs from the Fire Prevention Division, Certified Unified Program Agency (CUPA) of Los Angeles County a nd Emergency Services Department or Agricultural Commissioner. H OA.102045456 35 11.37.090 Record Keeping A. A cannabis facility shall ensure compliance with the requirements for record keeping as required by the State and local enforcement agencies. B. A cannabis facility operator shall make such records available upon request by the Department. 1 1.37.100 Track and Trace Svstem A. A permitted cannabis facility shall utilize the track and trace system as required by State law and regulations and local laws. B. A permitted cannabis facility shall make track and trace system records available to the Department upon request. 1 1.37.110 Employee Health A. The Department shall have authority to exclude any cannabis facility employee that handles edible cannabis and cannabis products from any cannabis facility conducting operations, including but not limited to cultivation, extraction, preparation, manufacturing, distribution, and testing, if the employee is diagnosed with an infectious agent specified in Subdivision 8.1-8, and the employee is either symptomatic and still considered infectious, or is not experiencing symptoms of the illness associated with that agent but is still considered infectious. B. For purposes of this Section, "illness" means a condition caused by any of the following infectious agents: 1. Hepatitis A virus. 2. Salmonella typhi. H OA.102045456 36 3. Salmonella spp. 4. Shigella spp. 5. Entamoeba histolytica. 6. Enterohemorrhagic or shiga toxin producing Escherichia coli. 7. Norovirus. 8. Other communicable diseases that may be transmitted to others through the handling of edible cannabis and cannabis products. C. The person in charge shall do either of the following: 1. Exclude an employee that handles edible cannabis and cannabis products from a cannabis facility if the employee is diagnosed with an infectious agent specified in this Chapter. 2. Restrict an employee from working with exposed edible cannabis and cannabis products, or cleaning equipment, utensils, and linens in an edible cannabis manufacturing and distributing facility if the employee is suffering from symptoms of an acute gastrointestinal illness. D. The person in charge may remove a restriction for an employee upon the resolution of symptoms as reported by an employee that handles edible cannabis and cannabis products if the employee states that he or she no longer has any symptoms of an acute gastrointestinal illness. E. Only the Department shall remove exclusions or restrictions, or both, related to diagnosed illnesses due to infectious agents specified in this Chapter after the HOA.102045456 37 Department provides a written clearance stating that the excluded or restricted employee is no longer considered infectious. 1 1.37.120 Training Procaram A. The cannabis facility operator shall implement a training program to ensure that all employees, including the person in charge, present at the premises are provided information, training, and shall have adequate knowledge of cannabis safety procedures and protocols, which, at minimum, shall include, but not be limited to the following: 1. All cannabis facility employees within 30 calendar days of the start of employment shall be trained in all health and safety hazards, hazards presented by a ll solvents or chemicals used at the premises as described in the material safety data sheet for each solvent or chemical. All employees shall review all emergency procedures, security procedures, record keeping requirements, and training requirements. 2. Prior to independently engaging in any commercial cannabis activity, the cannabis facility employee shall be trained on the overview of the cannabis facility operation and all standard operating procedures, all quality control procedures, a nd all hazard analysis and control procedures as appropriate. The employee shall be trained on the proper and safe usage of equipment or machinery as applicable and safe work practices applicable to an employee's job tasks. This shall include appropriate usage of any necessary safety or sanitary equipment, cleaning and maintenance HOA.102045456 3$ requirements, and emergency operations, including shutdown procedures, or any additional information reasonably related to an employee's job duties. 3. All cannabis facilities that produce or manufacture edible cannabis products shall ensure that all employees who prepare, handle, or package edible cannabis products successfully complete a food handier course accredited by the A merican National Standards Institute (ANSI) within 90 days of commencing employment at the premises and again every three years thereafter. Applicable employees shall complete the ANSI-accredited food handler course no later than 90 calendar days after the effective date of the public health permit. The cannabis facility operator shall obtain documentation evidencing the fulfillment of this requirement. 4. The cannabis facility operator shall ensure that all personnel receive annual refresher training to cover, at minimum, the topics listed in this section. This annual refresher training must be completed within 12 months of the previous training completion date. B. The cannabis facility operator shall maintain a record which contains at minimum, but not limited to: 1. An annual confirmation by the cannabis facility operator that the employee has received and understood ail information and training provided in the training program. 2. A list of all employees at the premises, including at minimum, name a nd job duties of each. HOA.102045456 39 3. Documentation of training topics and dates of training completion for all employees. 4. Training topics and dates of refresher training completion for ail employees. 5. The signature of the employee and the cannabis facility operator verifying receipt and understanding of each training or refresher training completed by the employee. 6. Any official documentation attesting to the successful completion of required training by the employee. C. The cannabis facility operator may assign the responsibility for ensuring compliance by an employee with the requirements of this Chapter to the person in charge. The assigned person in charge must have the education, training, experience, or a combination thereof necessary to ensure the production of clean and safe cannabis a nd cannabis products by all employees. The designated person in charge shall sign a nd date a document on an annual basis attesting that the supervisor has received and u nderstood all information and training provided in the training program. This d ocumentation shall be maintained as part of the record requirements. Part 4 Inspection of Cannabis Facilities 1 1.37.130 Inspection A. The Department shall have the right to enter a cannabis facility to conduct a n inspection during the facility's hours of operation to inspect the premises of the H OA.102045456 4~ facility and enforce compliance with this Chapter, and applicable State and local public health laws and regulations. B. Inspections shall consist of at least two unannounced site visits conducted per year by the Department to determine compliance with this Chapter; applicable State public health laws and regulations; and with the requirements of the public health permit issued and any additional investigations conducted in response to complaints received b y the Department or other licensing entities, alleging that a cannabis facility is not operating in compliance with the requirements of its public health permit, and to d etermine compliance with this Chapter and applicable State public health laws and regulations. C. The person in charge of the cannabis facility shall allow the Departments i nspectors access to all areas of the cannabis facility during the cannabis facility's hours of operation to inspect the cannabis facility premises, storage areas, equipment, production, labeling, and packaging processes, and conveyances used in the m anufacture, storage, or delivery of cannabis and cannabis products, or any place at w hich cannabis or cannabis products are sold, cultivated, or stored, or at any site where evidence of activities are allegedly taking place. D. Inspections shall include review of all pertinent records including, but not limited to, the track and trace system, plans required by the Department, and standard o perating procedures. The person in charge of the cannabis facility shall provide records upon request to the Department. H OA.102045456 41 E. The Department shall be granted access to conduct investigations concerning the adulteration and misbranding of cannabis and cannabis products, u npermitted cannabis operations, and overall sanitation of any cannabis facility i ncluding the ability to enter and inspect any place where any cannabis or cannabis product is reasonably suspected of being manufactured or held in violation of this Chapter or State or local laws and regulations. F. When the operator, person in charge, or employee of a cannabis facility fails to fully cooperate with the Departments inspectors and/or investigation by not allowing access to the facility areas and/or records required by this Chapter, that act or o mission shall be a violation of this Chapter, and shall subject the cannabis facility to the immediate suspension or revocation of its public health permit. 1 1.37.140 Cannabis and Cannabis Product Quality Assurance A. The Department or its designee may collect from a cannabis facility samples of cannabis and cannabis product, at no cost to the Department, to verify compliance with the cannabis and cannabis product laboratory testing and labeling requirements from a cannabis facility during the cannabis facility's operational hours without advance notice. B. The Department may secure any sample or specimen of any cannabis product or ingredients used therein by the cannabis facility and make analyses or examinations of any sample obtained. C. The Department shall provide the cannabis facility operator with a receipt or documentation of sampie(s) collected prior to leaving the premises. HOA.102045456 42 D. A copy of the results of the sample analysis shall be provided to the person in charge of the cannabis facility. E. The Department may take an enforcement action necessary to protect the health of the public depending on the testing results and analysis of the sample or samples collected at the cannabis facility. Part 5 Enforcement 1 1.37.150 Public Health Permit Suspension and Revocation A. Any cannabis facility public health permit issued to a permittee may be suspended or revoked by the Department for a violation of the requirements of this Chapter or Part 7 of Chapter 8.04, or State and local laws or regulations. Any cannabis facility, or portion of a microbusiness, for which the public health permit has been suspended or revoked shall close and cease doing business and remain closed until the permit has been reinstated or reissued by the Department. B. Whenever the Department finds that a cannabis facility is not in compliance with the requirements of this Chapter or State and local laws or regulations, a written notice of violation that contains a required compliance date shall be issued to the permittee. If the permittee fails to correct the violation within the specified time, the Department shall issue to the permittee a written notice setting forth the permit violations found by the Department. The notice shall inform the permittee of a right to a compliance review, if requested, to show cause why the permittee's public health permit should not be suspended or revoked. A permittee must make a written request to the Department for a compliance review within 10 calendar days of service of the notice, or HOA.102045456 43 correct the violation. A failure to request a compliance review within 10 calendar days after service of the notice shall be deemed a waiver of the right to a compliance review, a nd may subject the permittee's permit to immediate suspension by the Department. C. The compliance review shall be held within 15 calendar days of the Departments receipt of the permittee's written request for a compliance review. Upon written request by the permittee, the compliance review officer may postpone any compliance review date, if circumstances warrant such action, or cancel the compliance review if the permittee's violations are corrected as verified by the Department. D. At the compliance review, the Departments compliance review officer shall hear testimony and read and consider document submissions from the permittee a nd Department representatives. E. The compliance review officer shall issue and serve a written decision to the permittee within 15 working days following the compliance review. In the event of suspension or revocation, the decision shall specify the permit violations that were found to exist and/or continue, the extent of the suspension of the permit, and the actions required for correction of the continuing violations. If the permittee's public health permit has been revoked, the decisions shall state the reasons for the revocation. F. Notwithstanding any other provision of this Chapter, if any immediate d anger to the public health or safety is found or is reasonably suspected, unless the d anger is immediately corrected, the Department may immediately suspend the permittee's public health permit and order the cannabis facility immediately closed, pending the determination of a compliance review. Immediate danger to the public HOA.102045456 44 health or safety shall include any condition, based upon inspection findings or other evidence, that can cause, or is reasonably suspected of causing, infection, illness or disease transmission, or any known or reasonably suspected hazardous condition. 1. Whenever a public health permit is suspended as the result of an i mmediate danger to the public health or safety, the Department shall issue to the permittee a notice setting forth the violations that have caused the immediate danger, specifying the sections of this Chapter or State and local laws or regulations, allegedly violated, and informing the permittee of the right to a compliance review. 2. At any time within 10 calendar days of service of a notice pursuant to subsection G, the permittee may request, in writing, a compliance review before a compliance review officer to show cause why the public health permit suspension is not warranted. The compliance review shall be held within 15 calendar days of the receipt of a request for a compliance review. A failure to request a compliance review within 10 calendar days shall be deemed a waiver of the right to such compliance review. H. The Department may, after providing opportunity for a compliance review, m odify, suspend, or revoke a public health permit for serious or repeated violations of the requirements of this Chapter or State and local laws and regulations, or for i nterference in the performance of the inspection and investigations duties of the Department. A public health permit may be reinstated, or a new public health permit issued, if the Department determines that conditions which prompted the suspension or revocation no longer exist. HOA.102045456 45 11.37.160 Recall of Cannabis And Cannabis Products A. All cannabis facilities shall establish and implement a written procedure approved by the Department for the recall of cannabis and cannabis products that are d etermined to be misbranded or adulterated in accordance with the requirements of State and local laws or regulations. Recall procedures shall include, but not limited to: 1. Factors which dictate a recall. 2. Employees responsible for implementing the recall procedures. 3. Notification protocols, including: a. A mechanism to immediately notify the Department. b. A mechanism to notify all customers that have, or could have, obtained the product, including communication and outreach via media, as necessary and appropriate. c. A mechanism to notify any operator of a cannabis facility that was supplied or received the recalled product. d. Instructions to the general public and/or other cannabis facilities for the return and/or destruction of the recalled product. 4. The person in charge of the cannabis facility shall provide the following information to the Department upon request to assist in the recall investigation: a. Source of the implicated cannabis or cannabis product. b. Name, contact information, and State license number of the d istributor and manufacturer. HOA.102045456 46 c. Complete distribution list including name, address, and contact information; and product identification information (e.g. batch number, lot n umber, product coding, etc.). B. Cannabis or cannabis products that are subject to recall or embargo because they are or are reasonably suspected of being adulterated or misbranded shall i nclude, but are not limited to, the following circumstances: 1. Laboratory testing reports show presence of pesticide residues not permitted for use on cannabis, or a residual of permitted or approved pesticide above that which has been determined as safe in sampled cannabis or cannabis products. 2. Retail cannabis and cannabis product found to have contaminant levels exceeding those established as permissible by the State, which shall be considered to be a failed contaminant test. 3. Use of solvents that were not approved for use. 4. If a test is found to contain levels above those established by the State agency, of any mold, mildew, or filth that could be toxic if consumed. 5. If the THC content of a cannabis product is determined through testing not be homogenous, within the allowable margin of error as established by a pplicable State regulations, then it shall be considered to have failed potency testing. 6. Cannabis product contains of undeclared allergens. C. The Department may initiate a recall investigation. D. When the Department has evidence that any cannabis or cannabis products are adulterated or misbranded, the Department, shall notify the permittee and HOA.102045456 47 order the cannabis facility to immediately cease activities related to the manufacturing, sale and distribution of all cannabis and cannabis products that have been identified as being potentially adulterated or misbranded. The Department may, after consultation with the State, order a recall or embargo of any adulterated or misbranded cannabis or cannabis products if the manufacture, distribution, or sale of the product would create or pose an immediate and serious threat to human life or health. E. Upon confirmation by the Department or other licensing entity that the identified cannabis or cannabis product is adulterated or misbranded, the Department may issue orders to permittees regarding the required movement, segregation, isolation, or destruction of the adulterated or misbranded cannabis and cannabis products, and may order those to be held in place, embargoed, or quarantined. It is u nlawful for any person or permittee to move or allow to be moved any cannabis or cannabis products that is subject to an order issued pursuant to this Chapter, unless that person has first obtained written authorization from the Department. F. The Department shall provide the permittee an opportunity for an informal review proceeding on the matter, as determined by the Department, within five days, on the actions required by the Departments recall order and on why the quarantined or embargoed cannabis or cannabis product should not be recalled. Following the proceeding, the order may be affirmed, modified, or set aside as determined appropriate b y the Department. HOA.102045456 4$ G. A permittee shall follow its recall procedures for the collection, storage and d estruction of any recalled cannabis products. Such procedures shall include, but are not limited to, the following requirements: 1. All recalled cannabis and cannabis products that are intended to be d estroyed shall be quarantined for a minimum of 72 hours. The product held in q uarantine shall be subject to auditing from the Department. 2. Following the quarantine period, the permittee shall render the recalled cannabis product unusable and unrecognizable, and the rendering shall be recorded on video and maintained by the permittee for inspection by Department or other licensing entities. 3. A permittee shall dispose of chemical, dangerous, or hazardous waste in a manner consistent with Federal, State, and local laws. This requirement shall include, but is not limited to, recalled products containing pesticide or other agricultural chemicals, and flammable solvents or other chemicals used for the purpose of producing manufactured cannabis batches. 4. A permittee shall not dispose of recalled product in an unsecured waste receptacle that is not in the possession andlor control of the permittee. H. All recalled cannabis and cannabis products shall be separated and stored i n a manner that shall prevent the contamination of other cannabis or cannabis products. A permittee shall use the track-and-trace system database and on-site documentation to ensure that recalled cannabis or cannabis products intended for HOA.102045456 49 destruction are identified, weighed, and tracked while on the premises and when d isposed of in accordance with State law and regulation, and local laws. 11.37.170 No Conflict With State Law This Chapter is not intended to conflict with State law. This Chapter shall be i nterpreted to be compatible with State enactments and in furtherance of the public health and safety purposes that those enactments encompass. 1 1.37.180 No Conflict With Federal Law This Chapter is not intended to conflict with federal law or stand as an obstacle or conflict with any efforts made by the federal government to enforce federal laws related to Cannabis related activities. 1 1.37.190 Severability If any section, subsection, subdivision, clause, sentence, phrase, or portion of this Chapter is held unconstitutional or invalid or unenforceable by any court or tribunal of competent jurisdiction, the remaining sections, subsections, subdivisions, clauses, p hrases or portions of this measure shall remain in full force and effect, and to this end the provisions of this Chapter are severable. 1 9.37.210 Effective Date The requirements of this Chapter shall not take effect in the unincorporated areas of the County of Los Angeles, unless and until the County board of supervisors allows a ll or certain specified commercial cannabis activities as a zoned permitted use within specified zones within the unincorporated areas of the County of Los Angeles. HOA.102045456 5~ 11.37.220 Adoption of Ordinance by Cities. This ordinance shall be effective within the territorial jurisdiction of each city that i ncorporates the entirety of this ordinance into its municipal code by adoption or resolution. County shall enforce the provisions of this ordinance only if a city that has i ncorporated this ordinance into its municipal code, and enters into a service agreement with the County, as approved by the board of supervisors, for public health regulatory services for commercial cannabis activities to be performed by County. Should the contract between the city and County expire or be terminated, neither the County nor the County Health Officer shall have an obligation to enforce this ordinance or public health laws regarding commercial cannabis activities within the territorial limits of that city. [CH804RRCC] HOA.102045456 51 EXHIBIT B 1 CITY OF BALDWIN PARK PUBLIC HEALTH AND SAFETY INSPECTION AND ENFORCEMENT SERVICES OF CANNABIS FACILITIES SCOPE OF WORK Upon execution of the Agreement, the City and County agree to the following: 1. City shall provide to the County a list of all applicants seeking a Commercial Cannabis Activity License (CCAL) within the City. The City’s Department of Cannabis Regulation shall require all applicants to also apply to the County’s Health Officer for a public health permit. Every 30 days, City shall continue to update County of new CCAL applicants. 2. City shall submit an initial inventory list of Cannabis Facility locations receiving water from or within the City and information on any backflow prevention device currently installed at those locations, to the County within 30 days of the execution of this Agreement. Every 30 days, City shall continue to update County of new Cannabis Facility locations that receive water from the City and provide updated backflow prevention device information. 3. City shall provide County with unrestricted access to each City licensee's track and trace database information, as defined by State law, including but not limited to, unique identifier information of all commercial cannabis movement in City’s licensees. 4. The County will through its Department of Public Health, Environmental Health Division, consistent with Chapters 8.04 and 11.37 of the Los Angeles County Code and applicable State law, perform public health permitting, plan review and approval, inspection and enforcement services for applicants for or holders of a CCAL within the territorial limits of the City, which will include the following activities: EXHIBIT B 2 a) Processing all applications seeking a County issued public health permit for commercial cannabis activity within the territorial limits of the City. b) Collecting all public health permits fees, fines, and penalties from holders of a County-issued permit for commercial cannabis activity within the territorial limits of the City. c) Inspecting and enforcing the public health requirements, as provided in Exhibit A (Commercial Cannabis Activity Ordinance), of cannabis facilities that are holders of a CCAL within the territorial limits of the City. d) Notifying City’s Department of Cannabis Regulation within two business days after it suspends or revokes and CCAL holder's County-issued public health permit. 5. City may request and receive from County copies of any inspection reports created by County of any cannabis facility that holds a CCAL within the territorial limits of the City. 6. The County, through its Department of Public Health, Environmental Health Division, will implement the County’s Cannabis Emblem Placard Program for all duly licensed, permitted, and/or authorized cannabis stores operating within the territorial limits of the City. A copy of the emblem used in connection with the Cannabis Emblem Placard Program is attached as Exhibit B-1. The City shall adopt an ordinance to implement the Cannabis Emblem Placard Program, which must substantially conforms in all material respects to the model ordinance contained in Exhibit B-2. 7. City's Department of Cannabis Regulation shall provide County’s Department of Public Health with the necessary information regarding CCAL holders and applicants for County to perform its contracted functions. 8. City Department of Cannabis Regulation shall arrange for assistance by City, upon the request of County’s Department of Public Health regarding the EXHIBIT B 3 investigation of applicants for or holders of a CCAL for public health purposes, including cannabis recalls, cannabis facility waste management, odor control, and product quality. 9. City is not entitled to any portion of any fee, penalty or other charge collected by County from any CCAL applicant or holder. 10. County will not be required to investigate or respond to any complaint regarding any cannabis facility that does not possess a CCAL and a County- issued public health permit. Should City request the assistance of County’s Department of Public Health regarding an investigation of or a complaint response regarding any cannabis facility that does not possess a CCAL, City shall reimburse County for the actual cost of services provided. County shall bill City in arrears, and shall charge City service rates as listed in Los Angeles County Code Section 8.04.728 and approved by the County’s Board of Supervisors. City shall pay County within 30 days of the date of County’s invoice. EXHIBIT B-1 Authorized Cannabis Emblem EXHIBIT B-2 Page 1 of 5 MODEL ORDINANCE EMBLEM PROGRAM FOR AUTHORIZED CANNABIS STORES I. Findings A. Unlicensed and unregulated cannabis stores threaten the health and safety of cannabis consumers by selling products that are cultivated, manufactured, prepared, and processed outside of the regulated cannabis marketplace. These products may be tainted, contaminated, mislabeled, unlabeled, or misbranded, and may cause injury or illness if consumed. B. Unlicensed and unregulated cannabis stores harm the peace, comfort, and welfare of people who live and work nearby. These stores are more likely to operate outside of proscribed hours of operation, without meeting minimum locational and operational standards, such as parking, lighting, landscaping, and other standards, and may be more likely to sell cannabis in quantities that exceed legal limits and sell cannabis to minors in violation of applicable law. C. Cannabis consumers should be able to tell whether a cannabis store is unlicensed and unregulated without having to enter the premises and should understand the health risks and consequences of shopping at an unlicensed and unregulated cannabis store. This knowledge and understanding will empower consumers to make smart choices to protect their health and safety. Communities will also benefit from a reduction in the number of unlicensed cannabis stores. II. Purpose and Intent A. The Emblem Program for Authorized Cannabis Stores (Program) is administered by the County of Los Angeles in partnership with cities within the County of Los Angeles as a cross-jurisdictional effort to deter the operation of unregulated cannabis stores in incorporated and unincorporated areas of the County of Los Angeles. The Program is intended to protect consumers and stop harmful effects caused by unlicensed and unregulated cannabis stores on local neighborhoods and communities by requiring cannabis stores that have received all appropriate licenses, permits, or authorizations from the State of California and local governments to both display a unique emblem on the store’s premises so that it is highly visible to the public from the exterior of the store, and provide and make Program supplied health-related information accessible to consumers. B. The Program is not intended to promote the use, possession, distribution, manufacturing, or cultivation of cannabis or cannabis products, or to engage in any actions that conflict with any applicable local, state, or federal laws. EXHIBIT B-2 Page 2 of 5 III. Definitions A. Authorized Cannabis Store: A retailer engaged in the commercial sale of medical or adult-use cannabis to customers at a physical location, provided: 1. The retailer has obtained a Type-10 (Retailer) or Type 12 (Microbusiness) license from the State of California, or a temporary authorization from the State Bureau of Cannabis Control to operate an onsite cannabis retail location or microbusiness with an onsite retail component; 2. The retailer has obtained all licenses, permits, or authorizations required by the City and any other local agencies necessary and sufficient to allow the store to engage in the sale of medical or adult-use cannabis; and 3. The retailer keeps all applicable licenses, permits, or authorizations current and valid, and remains in good standing to engage in the sale of medical or adult-use cannabis in the City. B. Emblem: The emblem featured on the Emblem Placard issued to an Authorized Cannabis Store by the Program Administrator as part of the Program. C. Emblem Placard: A placard displaying the Emblem and other required information, that conforms to the design requirements specified in subdivision D and issued to an Authorized Cannabis Store by the Program Administrator as part of the Program that notifies the public that the store has received all required state and local licenses, permits, or other authorizations to become an Authorized Cannabis Store. D. Health Information Advisory: The pamphlet, paper, or other media provided to the Authorized Cannabis Store by the Program Administrator that contains health information messages, regarding cannabis use and its potential health impacts, created by the Department of Public Health. E. Program: The Emblem Program for Authorized Cannabis Stores. F. Program Administrator: The Director of the Los Angeles County Department of Public Health, or his or her designee. IV. Emblem—Significance A. The Emblem, when displayed on the Emblem Placard in accordance with the provisions of this ordinance, shall serve as notice to the public that the store to which the Emblem Placard was issued is an Authorized Cannabis Store at the time of issuance and is in compliance with all applicable public health laws and regulations as determined during the most recent Public Health inspection. The Emblem and Emblem Placard shall not grant any rights or remedies, and shall not be construed as granting any rights or remedies, to EXHIBIT B-2 Page 3 of 5 any person or entity in possession of the Emblem or Emblem Placard. The Emblem and Emblem Placard may not be sold, assigned, or otherwise transferred, and shall not be removed from the premises of the Authorized Cannabis Store to which the Emblem Placard was issued, except as specified in this ordinance. V. Emblem Placard—Procedure for Issuance, Posting, Inspection, Suspension, and Revocation A. Issuance 1. The Program Administrator shall cause an Emblem Placard to be issued to all Authorized Cannabis Stores. B. Posting. 1. The Program Administrator shall cause the Emblem Placard to be posted at the store’s premises so as to be clearly visible to the general public and to patrons entering the store’s premises. For the purposes of this section, “clearly visible to the general public and to patrons entering the store’s premises” means: a. Posted in the front window of the store within five (5) feet of the front door or posted in a display case mounted to the outside front wall of the store within five (5) feet of the front door; or b. Posted in a location as directed and determined in the discretion of the Program Administrator to ensure proper notice to the general public and to patrons. 2. An Authorized Cannabis Store shall, at its sole cost, make any reasonable modifications to the exterior or interior of its premises that the Program Administrator determines are necessary to accommodate the posting of the Emblem Placard, including but not limited to modifications to lighting, window treatments, coverings, tinting, glazing, and painting, and the mounting of a display case on the exterior of the premises. 3. An Authorized Cannabis Store shall not alter, move, remove, or otherwise modify an Emblem Placard posted at its premises pursuant to this section unless ordered or authorized to do so in writing by the Program Administrator. C. Inspection 1. Not less than once per year, the Program Administrator shall cause an inspection to take place at the premises of an Authorized Cannabis Store to ensure the Emblem Placard is displayed and the Health Information Advisory is provided or made accessible to consumers in compliance with the provisions of this ordinance. Inspections shall take place during EXHIBIT B-2 Page 4 of 5 ordinary business hours and may be unannounced. The Program Administrator may conduct an inspection more than once per year if the Program Administrator determines more frequent inspections are necessary to ensure compliance with this ordinance. Inspections may be conducted in conjunction with or separately from other regular inspections. D. Suspension 1. Upon a determination by the Program Administrator that a store ceases to keep all applicable licenses, permits, or authorizations current, valid, and in good standing, the Program Administrator may immediately suspend the store’s participation in the Program. Written notice will be provided to the store detailing the reason for the suspension, along with instructions for reinstatement. The Emblem Placard will be removed by the Program Administrator, or an authorized representative, until the store takes the necessary steps for reinstatement into the Program. E. Revocation 1. Upon a determination by the Program Administrator that a store ceases to be an Authorized Cannabis Store for any reason, the Program Administrator shall immediately issue an order in writing to the store to remove the Emblem Placard from public view and return the Emblem Placard to the Program Administrator, or provide other evidence satisfactory to the Program Administrator that the Emblem Placard has been destroyed. The Program Administrator’s determination shall be final and not subject to appeal. VI. Health information Advisory A. An Authorized Cannabis Store, at the direction of the Program Administrator, shall provide or make accessible to the consumer a Health Information Advisory created by the Los Angeles County Department of Public Health. The Health Information Advisory shall be supplied to the store by the Program Administrator. The store shall provide the Health Information Advisory to the consumer at the point of sale. The Program Administrator may also supply Health Information Advisory materials in pamphlet or other written form to an Authorized Cannabis Store, and require those materials be displayed and made accessible to consumers in the store's customer services areas. VII. Violations A. It shall be unlawful for any person to engage in the sale of medical or adult- use cannabis or cannabis products in the City unless it is an Authorized Cannabis Store and displays an Emblem Placard in compliance with the provisions of this ordinance. EXHIBIT B-2 Page 5 of 5 B. It shall be a misdemeanor and an unfair business practice subject to criminal and civil enforcement to display or use the Emblem or Emblem Placard, or any placard, symbol, or rendering that is substantially or confusingly similar to the Emblem or Emblem Placard, in connection with any commercial cannabis activity for the purpose of falsely holding oneself out as an Authorized Cannabis Store. C. City and the Program Administrator may conduct inspections of any store displaying the Emblem or Emblem Placard, or a substantially or confusingly similar Emblem or Emblem Placard, on its premises, for the purposes of determining whether the store is an Authorized Cannabis Store. STAFF REPORT ITEM NO. ________5_________ TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: October 20, 2021 SUBJECT: Accept Completed Improvements and Authorize the Filing of a Notice of Completion for City Project No. CIP 20- 131 Landscape Improvements Project at Ramona Boulevard CNG Station Site SUMMARY This item will accept work completed for City Project No. 20-131 – Landscape Improvements Project at Ramona Boulevard CNG Station Site and authorize the filing of a Notice of Completion with the County Clerk. This action will also close the contract and authorize the release of retention funds. The project work consists of the installation of landscape, hardscape and irrigation at the corner of Ramona Boulevard and Badillo Street. The Project will include removal of existing landscaping and irrigation, planting new trees and shrubs, construction of decomposed granite pathways, river rock dry stream beds, cobble rock set in concrete, boulders, installation of new irrigation systems and all appurtenant work per the plans and specifications. RECOMMENDATION Staff recommends that the City Council: 1. Accept the construction improvements by Martinez Landscape Co., Inc. of Sylmar, CA in the amount of $151,986.50, and authorize the recordation of a Notice of Completion; and 2. Authorize the Director of Finance to appropriate $1,969.74 from Street Lighting and Landscape Fund Acct.# 251-50-520-58100-15095; and 3. Authorize the payment of $7,599.33 in retention funds to Martinez Landscape Co., upon the expiration of the 35-day notice period. FISCAL IMPACT There is no impact to the General Fund. The following table lists the approved funds for the CIP 20- 131 Landscape improvements Project at Ramona Blvd. CNG Station Site. Approved Budget Amount CIP 20-131 Street Lighting and Landscape – Fund #251-50-520-58100-15095 $150,016.76 Total Approved Budget $150,016.76 Additional Appropriation $1,969.74 Construction Costs Amount Construction Contract $108,347.30 Change Orders $ 43,639.20 Total Construction Costs $ 151,986.50 BACKGROUND On November 4, 2015, the City of Baldwin Park adopted Ordinance No. 1379 adding language of the City’s Municipal Code relating to water efficient landscaping consistent to meet the State’s mandate to regulate water efficient landscaping and irrigation systems in accordance with AB 1881, adopted in 2009. As the operation of the CNG station is near ready, the aesthetics will play a large part of the success of the project which builds upon the landscaping design elements already in place in the various center medians along major corridors. While the reduction in water use is an important component of this work, it is important that the landscape design create a sense of place and establish a brand for the City of Baldwin Park. The designs should also inspire the community to remove turf and replace it with low water/low maintenance landscaping. On December 16, 2020, a total of two (2) bids were received and opened publically and after confirming references and verifying the bids, Martinez Landscape Co., Inc. of Sylmar, CA was determined to be the lowest responsive bid and recommended for an award of contract. Subsequently, the City Council awarded a construction contract to Martinez Landscape Co., Inc. for the Landscape Improvements Project at Ramona Boulevard CNG Station Site on January 20, 2021. DISCUSSION The Ramona CNG Station site is located at the northwest corner of Ramona Blvd and Badillo St. The existing site has two landscaping areas that will be separated by a parking lot and parking lot extension where the CNG Station will be used by the community upon completion. The goal of this project was to create a distinctive landscape at the Ramona Boulevard CNG station site and to be recognized as a community of a well-planned and aesthetically pleasing physical environment. The project included the removal of existing landscaping and irrigation, planting new trees and shrubs, construction of decomposed granite pathways, river rock dry stream beds, cobble rock set in concrete, accent boulders, installation of new irrigation systems and all appurtenant work per the plans and specifications. Due to the favorable bid amount, additional work was added and completed such as the purchase and installation of a fence enclosure for CNG Facilities, additional irrigation systems for new trees, additional removal and replacement of plants on Maine Ave, and purchase and installation of benches to match current Downtown Improvements. The final construction cost was $151,986.50 including all change orders as shown. Change Order Description Amount Purchase and Installation of Fence Enclosure and Gate $ 14,878.02 Additional Irrigation including 2 remote control valves and 32 watering systems for trees $ 4,474.92 Removal and replacement of existing plants in planters and rain gardens on Maine Ave from Los Angeles to Olive St. $ 18,717.22 Purchase and Installation of Steel Benches. $ 10,919.04 Various Field Quantity Adjustments (Credit issued to the City) $ (5,350.00) Total Amount of Change Orders $ 43,639.20 LEGAL REVIEW Not 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. CIP20- 131 CNG Landscaping Improvements Project, for the City of Baldwin Park and was ACCEPTED by the City Council on: October 20, 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 October 20, 2021 5. The work of improvement completed is described as follows: City Project No. CIP20-131 CNG Landscaping Improvements Project 6. THE NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Martinez Landscape Inc. 7. The street address or location of said property is 14747 Ramona Blvd in the City of Baldwin Park 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. By: John Beshay, P.E. Engineering Manager Date: _______ 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 STAFF REPORT ITEM NO. _________6________ TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works Mark Hsu, Information Systems Supervisor DATE: October 20, 2021 SUBJECT: Approve a Proposal from LIFTOFF, LLC for Computer Software Systems and Implementation Services for the Microsoft Office 365 Platform including Exchange Migration SUMMARY This item will approve a proposal from LIFTOFF, LLC for the procurement of computer software systems and implementation of the Microsoft Office 365 platform including migration of the existing Exchange system. This project is listed in the current fiscal year 2021-22 Capital Improvement Program (CIP #22-001). This project will migrate our current on-premise Microsoft 2013 with Exchange Server 2013 to a new cloud–based Office 365 platform. RECOMMENDATION Staff recommends that the City Council: 1. Approve the proposal from LIFTOFF LLC, in the amount of $69,000.00 and authorize the Mayor and City Clerk to execute the Master Services Agreement and Statement of Work; and 2. Approve license renewal costs for three years in an amount not-to-exceed $48,000 per year; and 3. Authorize the Director of Finance to make the necessary budget adjustments. FISCAL IMPACT There is no impact to General Fund. The funding for this project was approved as part of the Fiscal Year 2021-22 Capital Improvement Program (CIP No. 22-001). Approved funds will come from the American Rescue Plan Act (ARPA) revenue loss category, account number 275-10-730-58105-51001. Approved funds for the current fiscal year are in the amount of $100,000, future years will be programmed as follows: Estimated Costs FY 2021-22 FY 2021-22 FY 2021-22 Amount Microsoft 365 G3 Licensing $48,000 $48,000 $48,000 $144,000 One-time Migration Fee + Migration Wizard $21,000 - - $21,000 Total $69,000 $48,000 $48,000 $165,000 BACKGROUND The City has utilized on-premise Microsoft Office 2013 with Microsoft Exchange technology for about 7 years. As technology moves to more cloud-based solutions, staff has begun to identify new functionality, applications, services, time, and cost-effective benefits to the migration of the City's current desktop applications and on-premises Exchange Server to a cloud-based Office 365 Platform. Our current solution for Microsoft Office will no longer be supported by Microsoft as of April 2023. When Microsoft ends support on a product that means that they will no longer deploy security patches and other critical updates that help keep the City safe from external threats to our email and other Office applications. Moving to the latest Office 365 cloud-based software allows staff to be more productive by always being on the current version of Microsoft office products. In pursuit of this, staff is now recommending the migration of new Office 365 platform. The Office 365 U.S. Government Community (G3) User Licenses include the following: • Cloud and PC Access to Word, Excel, PowerPoint, OneNote, Outlook, Publisher (PC Only), Access (PC Only), Exchange, SharePoint, and Skype for Business, including installation rights on up to five devices per user license • Business email, calendar, and contacts. • Online meetings, Instant Messaging, and High-Definition video conferencing with Microsoft Teams • Geo-redundancy disaster recovery capabilities Staff was able to contact five consultant service firms and only received three qualified quotes. They are: Company Microsoft 365 G3 Licensing Quantities License cost One-time Migration Fee + Migration Wizard Total Liftoff, LLC $20/per user, per month (three years price-lock protection term) 200 $48,000/year, renew each year $21,000 w/AOS-G licensing purchase through Liftoff, $33,000 w/o AOS- G licensing purchase through Liftoff $69,000 CPI Solutions $20/per user, per month 200 $48,000/year $31,800 w/AOS-G purchase through CPI Solution $79,000 Planet Technologies $17.28/per user, per month 200 $41,472 $75,000 w/AOS-G Licensing purchase through Planet $116,472 LEGAL REVIEW None Required. ALTERNATIVES The City Council may choose not to award this project and keep using our current Office 2013 and Exchange Server 2013. ATTACHMENTS 1. Professional Services Agreement with LIFTOFF, LLC. 2. Licensing Migration 3. Proposals received from various vendors. © 2020 LiftOff, LLC. All Rights Reserved www.LiftoffOnline.com QUOTE as of 9/1/2021 Bill to: City of Baldwin Park, CA 14403 Pacific Ave. Baldwin Park, CA 91706 Ship to: City of Baldwin Park, CA 14403 Pacific Ave. Baldwin Park, CA 91706 Reseller (Remit To): LiftOff LLC Attn: Ron Braatz 1667 Patrice Circle Crofton, MD 21114 Terms: Due on Receipt Payment Options: Check Quote Description G SKU Item Name Part Number Term in Months Price/User/ Month Licenses Cost/Year Office 365 Plan G3 AAA-11894 12 20.00 200 $48,000.00 Total: $48,000.00 Signature:____________________________________ Pricing Information: • All prices are displayed in United States Dollars. • Product and pricing data are updated frequently and may change without notice. • Pricing valid for 14 days • License orders are paid up front, are non-refundable, and are one-year licenses that renew each year. • License reductions, upgrades, or cancellations may only occur at the annual renewal date. © 2020 LiftOff, LLC. All Rights Reserved www.LiftoffOnline.com In order to proceed, send a Purchase Order to 365licensing@liftoffonline.com. Once we have the Pur- chase Order, we will order the licenses from Microsoft. We will immediately invoice the full amount when we place the order. Customer Terms for Cloud Services Agreement US Public Sector This agreement is between LiftOff LLC (“we”, “us”, and “our”) and City of Baldwin Park, CA (“you” and “your”). It is effective when we accept it. Key terms are defined in § 8. 1. General. Right to use. You may access and use Office 365, and install and use a Client (if any) included with your Subscription, only as described in this agreement. All other rights are reserved. Acceptable use. You will use Office 365 only per the AUP. You will not use Office 365 in an y way that infringes a third party’s patent, copyright, or trademark or misappropriates its trade secret. You may not reverse engineer, decompile, work around technical limits in, or disassemble Office 365, except if applicable law permits despite this limit. You may not rent, lease, lend, resell, transfer, or host Office 365 to or for third parties. Compliance. You will comply with all laws and regulations applicable to your use of Office 365. In providing Office 365, we and our Providers will comply with all laws and regulations (including applicable security breach notification law) that generally apply to IT service providers. You will obtain any consents required: (1) to allow you to access, monitor, use, and disclose user data; and (2) for us to provide Office 365. If you are an educational institution, you will obtain any parental consent for end users’ use of Office 365 as required by applicable law. Customer Data. Customer Data is used only to provide you Office 365. This use may include troubleshooting to prevent, find and fix problems with Office 365’s operation. It may also include improving features for finding and protecting against threats to users. Neither we nor our Providers will derive information from Customer Data for any advertising or other commercial purposes. We will enable you to keep Customer Data separate from consumer services. Customer Data will not be disclosed unless required by law or allowed by this agree- ment. Your contact information may be provided so that a requestor can contact you. If law requires disclosure, we will use commercially reasonable efforts to notify you, if permitted. Customer Data may be transferred to, and stored and processed in, any country we or our Providers maintain facilities, unless you provisio n your tenant in the United States, If you do, Microsoft will provide Office 365 from data centers in the United States, and storage of the following customer data at rest will be located in data centers only in the United States: (i) Exchange Online mailbox content (e-mail body, calendar entries, and the content of e-mail attachments), and (ii) SharePoint Online site content and the files stored within that site. Changes. Office 365 may be changed periodically, after which you may need to agree to new terms. You may be required to run a client software upgrade on devices using Office 365 after a change to maintain full func- tionality. Use rights. Use rights specific to Office 365 are posted online at the link to the AUP. 2. Confidentiality and Security. © 2020 LiftOff, LLC. All Rights Reserved www.LiftoffOnline.com We and our Providers will (a) maintain appropriate technical and organizational measures, internal controls, and data security routines intended to protect Customer Data against accidental loss or change, unauthorized disclosure or access, or unlawful destruction and (b) not disclose Customer Data, except as required by law or expressly allowed. Neither party will make any public statement about this agreement’s terms without the other’s prior written consent. 3. Term, Termination, and Suspension. Term and termination. This agreement will remain in effect for three years subject to your right under appli- cable law to terminate for convenience. Customer Data. You may extract Customer Data at any time. If your Subscription expires or terminates, we will keep your Customer Data in a limited account for at least 90 days so you may extract it. We may delete your Customer Data after that. Regulatory. If a government rule or regulation applies to us or our Providers, but not generally to other busi- nesses, and makes it difficult to operate Office 365 without change, or we or our Providers believe this agree- ment or Office 365 may conflict with the rule or regulation, we may change Office 365 or terminate the agree- ment. If we change Office 365 to come into compliance, and you do not like the change, you may terminate. Suspension. We may suspend use of Office 365: (1) if reasonably needed to prevent unauthorized Customer Data access; (2) if you do not promptly respond under §5 to intellectual property claims; or (3) for non-payment; or (4) if you violate the AUP. A suspension will be in effect only while the condition or need exists and, if under clause (1) or (2), will apply to the minimum extent necessary. We will notify you before we suspend, unless doing so may increase damages. We will notify you at least 30 days before suspending for non- payment. If you do not fully address the reasons for suspension within 60 days after we suspend, we may terminate your Subscription. 4. Limited warranty; disclaimer. We warrant that Office 365 will meet the SLA terms during the Subscription; your only remedy for breach of warranty is stated in the SLA. We provide no (and disclaim to the extent permitted by law any) other warranties, express, implied, or statutory, including war ranties of merchantability or fitness for a particular purpose. 5. Duty to protect. Defense. We or our Providers will defend you against any claims made by an unaffiliated third party that Office 365 infringes its patent, copyright, or trademark or misappropriates its trade secret. Remedies. If we or our Providers reasonably believe that a claim under §5 may bar your use of Office 365, we or our Providers will seek to: (1) obtain the right for you to keep using it; or (2) modify or replace it with a functional equivalent and notify you to stop use of the prior version. If these options are not commercially reasonable, we or our Providers may terminate your rights to Office 365 and refund any payments for unused Subscription rights. Other obligations. To the extent permitted by law, you will (1) notify us promptly of a claim under this §5 and (2) allow us or our Providers to assist in your defense or settlement. You will provide reasonable help to defend. We or our Providers will reimburse you for reasonable out-of-pocket expenses incurred in giving that help and pay the amount of any resulting adverse final judgment (or settlement the protecting party consents to). Neither we nor our Providers will be bound by any settlement to which we do not agree in wr iting, this § 5 provides the exclusive remedy for these claims. © 2020 LiftOff, LLC. All Rights Reserved www.LiftoffOnline.com Limits. The obligations of us and our Providers in this §5 won’t apply to a claim or award based on: (1) Customer Data; (2) software not provided by us or our Providers; (3) modifications you make to Office 365, or materials you provide or make available as part of using Office 365; (4) your combination of Office 365 with, or damages based on the value of, a product, data, or business process not provided by us or our Providers; or (5) your use of a Microsoft trademark without their express, written consent, or your use of Office 365 after being notified to stop due to a third-party claim. 6. Limited liability. Each party’s (and our Providers’) maximum aggregate liability for any claim related to this agreement is limited to direct damages up to the fees that you paid for Office 365 during the 12 months before the claim arose (or $5,000.00 if you paid no fees). Neither party nor our Providers will be liable for lost revenues or indirect, special, incidental, consequential, punitive, or exemplary damages, even if the party knew they were possible. The limits and exclusions in this §6 apply to the extent permitted by law, but do not apply to (1) obligations under §5; or (2) intellectual property infringement or misappropriation. 7. Agreement mechanics. You must send notice by regular mail, return receipt requested, to the address on the Portal (effective when delivered). We may email notice to your account administrators (effective when sent). You may not assign this agreement, or any right or duty under it. If part of this agreement is held unenforceable, the rest remains in force. Failure to enforce this agreement is not a waiver. The parties are independent contractors. This agreement does not create an agency, partnership, or joint venture. This agreement is governed by the laws applicable to Customer, without regard to conflict of laws. This agreement (including the SLA and AUP) and our price sheet are the parties’ entire agreement on this subject and supersedes any concurrent or prior communications. Agree- ment terms that require performance, or apply to events that may occur, after termination or expiration will survive, including §5. Office 365 and the Client are subject to U.S. export jurisdiction. You must comply with the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end -user, end- use, and destination restrictions. For more information, see http://www.microsoft.com/exporting/. Our Pro- viders may deliver Office 365, and the rights granted to us also apply to them. 8. Definitions. “AUP” means the acceptable use policy at http://www.microsoftvolumelicensing.com/Down- loader.aspx?DocumentId=5502. “Client” means device software that we or our Providers provide you with Office 365. “Customer Data” means all data, including all text, sound, or image files that are provided to us or our Providers by, or on behalf of, you through your use of Office 365. “Office 365” means (1) Exchange Online, Exchange Online Archiving, SharePoint Online, Lync Online, and Office Web Apps included in Office 365 Enterprise Plans E1, E2, E3, E4, K1, and K2; and Office 365 Gov- ernment Plans G1, G2, G3, G4, K1, and K2; and (2) Exchange Online Archiving; Exchange Online Protection; Exchange Online Plans 1, 2, Basic, and Kiosk; ShareP oint Online Plans 1, 2, and Kiosk; Office Web Apps Plans 1 and 2; and Lync Online Plans 1, 2, and 3. “Portal” means the Online Services Portal for Office 365 (see http://www.microsoft.com/online). © 2020 LiftOff, LLC. All Rights Reserved www.LiftoffOnline.com “Providers” means our affiliates, licensors, and suppliers, including Microsoft and its applicable affiliates. “SLA” means the service level commitments we or our Providers make regarding delivery and performan ce of Office 365 (see http://www.microsoft.com/licensing/contracts). “Subscription” means an order for a quantity of Office 365 . © 2021 LiftOff, LLC. All Rights Reserved www.LiftoffOnline.com MASTER SERVICES AGREEMENT This Master Services Agreement (“Agreement”) is made effective as of September 1, 2021, by and between LiftOff, LLC of 1667 Patrice Circle, Crofton, MD 21114 and City of Baldwin Park, CA (“Client”) of 14403 Pacific Ave., Baldwin Park, CA 91706. Therefore, the parties agree as follows: 1. Background, Intent, and Relationship The purpose of this Agreement is to establish the terms and con- ditions governing the contractual relationship between the parties. Nothing in this Agreement shall be interpreted or construed as (1) creating or establishing a partnership, joint venture or similar busi- ness relationship between the parties; (2) creating or establishing an exclusive relationship between the parties, or (3) creating or establishing any employment relationship between the parties, which hereby acknowledge that LIFTOFF is an independent con- tractor under this Agreement. 2. Statements of Work All services performed under this Agreement will be specified in a Statement of Work (“SOW”) to be prepared for each engage- ment and signed by the parties. The initial SOW is incorporated in this Agreement as Exhibit A, attached hereto. To the extent that any term contained in the SOW may be contradictory to any term contained in this Agreement, the parties agree that the SOW shall govern. It is agreed that the terms and conditions of this Master Agree- ment shall govern with respect to the services to be provided to Client by LIFTOFF, in accordance with each SOW executed by the parties. Each SOW shall become an Addendum to this Master Agreement. The terms of this Master Agreement will be incorpo- rated into each SOW by reference. 3. Professional Services Agreement This Agreement is for the performance of professional services only. LIFTOFF reserves the right to incorporate any techniques, skills, and/or procedures known or acquired from this or any other project into this or any future professional services engage- ments. Any such techniques, skills, or procedures remain the sole intellectual property of LIFTOFF, and may be used in any con- temporaneous or future professional services engagements for this or any other Client, without limitation. This is not a Work for Hire agreement. LIFTOFF does not sell, assign or transfer ownership of any intellectual property used or developed by LIFTOFF in the performance of any services for the Client pursuant to this Agreement. Nothing contained herein or in any SOW hereunder shall be construed or interpreted as any such sale, transfer, conveyance or assignment of any right, title or interest by LIFTOFF in any of its intellectual property. 4. Invoice Remittance Invoice payments must be sent to the LIFTOFF main office: 1667 Patrice Circle, Crofton, MD 21114. The LIFTOFF Federal ID number is: 27-1914176. Payment terms are specified on the SOW. Payments are consid- ered late on the 30th day after the due date. Late payments will incur a 2% late payment fee for each block of 30 or fewer days overdue (payments 30-60 days overdue will be assessed a 2% fee, payments 60-90 days overdue will be assessed a 4% fee, etc…) 5. Expenses In addition to the charges for services as described above and with prior approval of the Client, the Client shall reimburse LIFTOFF for all reasonable and necessary expenses (including travel, lodg- ing, travel meals, and other related costs) incurred in the course of performing services under this Agreement. 6. Confidentiality Customer and Client acknowledge that, by reason of this Agree- ment, each may have access to certain information and materials concerning the others business, plans, customers, technology and products that are confidential. Such information and materials are of substantial value to each party, which value would be impaired if such information were disclosed to third parties. Neither party shall disclose to third parties, or use in any way for its own account or for the account of any third party, any such confidential infor- mation disclosed as a result of this Agreement. 7. Termination of Agreement This Agreement shall be in effect until such time as all services have been fully performed by LIFTOFF and all invoices have been fully paid by the Client. This agreement may be terminated by either party for convenience upon sixty (60) days prior written notice. Termination by client for convenience will result in charges for all in-process work. Upon termination of this Agree- ment for any reason, Sections 3, 6, 8, 9 will survive and bind the parties in their entirety. 8. Indemnity, Disclaimers, Limitation of Liability In no event shall LIFTOFF’s aggregate liability arising from or relating to the agreement or the services rendered (regardless of the form or action, whether by contract, warranty, tort, malprac- tice, fraud, and/or otherwise) exceed the amount actually paid by the client to LIFTOFF for services rendered under the agreement. In no event shall LIFTOFF be liable for any consequential, spe- cial, indirect, incidental, or punitive damages, or for any loss of profits, revenue or business opportunities, regardless of the form of action and even if LIFTOFF has been advised of the possibility thereof. 9. Non-Solicitation of Employees During the term of this Agreement and for twelve (12) months thereafter, neither party will, either directly or indirectly, solicit for employment by itself (or any of its affiliates) any employee of the other party (or any of its affiliates), unless the hiring party obtains the written consent of the other party. 10. Governing Law/Jurisdiction This contract will be governed by and construed in accordance with the laws of the State of Maryland, excluding its conflict of laws provisions. © 2021 LiftOff, LLC. All Rights Reserved www.LiftoffOnline.com 11. Disputes The parties agree that any dispute arising from this Agreement shall be settled by arbitration in accordance with the Commercial Rules of the American Arbitration Association. Judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction thereof. Where disputes are submitted to ar- bitration, the parties agree to accept the decision of the arbitrators as final and binding on both parties. Arbitration shall be con- ducted in Maryland in accordance with the laws of Maryland. 12. Severability If any provision of this Agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall con- tinue to be valid and enforceable. 13. Notices All notices required or permitted under this Agreement shall be in writing and shall be deemed delivered as of the date delivered via facsimile, overnight mail or United States certified or registered mail, addressed as follows: City of Baldwin Park, CA 14403 Pacific Ave. Baldwin Park, CA 91706 LiftOff, LLC Ron Braatz, President 1667 Patrice Circle Crofton, MD 21114 Such address may be changed from time to time by either Party by providing written notice to the other in the manner set forth above. 14. Credit and Public Awareness The Client further agrees to allow LIFTOFF to take public recog- nition of its engagement through the use of press releases, Inter- net postings, competition entries or other communication mate- rials. This awareness will not violate any confidentiality provisions of this agreement, nor will it disclose any financial terms of the engagement without the prior written consent of the Client. 15. Waiver The failure of either Party to enforce any provision of this Agree- ment shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement. 16. Entire Agreement This Agreement and the referenced SOW constitute the entire agreement between the parties, and supersede all prior or contem- poraneous communications between the parties (whether written or oral) relating to the subject matter of this Agreement. This Agreement may only be modified or amended in a writing signed by both parties. There are no representations or commitments re- lied upon by either party not contained herein. IN WITNESS WHEREOF, the parties have caused their authorized representatives to execute this Agreement as of the Effective Date. LiftOff, LLC City of Baldwin Park, CA By: By: Ron Braatz Date Name: Date President Title: © 2021 LiftOff, LLC. All Rights Reserved www.LiftoffOnline.com Exhibit A – Initial Statement of Work 1. Work to be Performed: LIFTOFF will provide Office 365 Guided Deployment Services (GDS) focused on the migration to the Microsoft Office 365 solution. The GDS consulting is delivered using a “Coach/Mentor” approach in which your IT team will be heavily involved throughout the entire process and will work directly with the LiftOff consult- ants. Together, we will work through a series of webinar appointments (typically 1 -2 hours each) as we work through project milestones to deploy the system efficiently and successfully. We have found this approach of keep- ing your IT team invested in the project to be an extremely effective training mechanism; once the project is com- plete, your IT staff is fully capable of managing and maintaining the system in the future. LiftOff’s expertise is laser focused on the Office 365 systems. If you require integratio n with other third-party appli- cations, you will be responsible for working with your other vendors to remedy issues. For example, phone systems, firewalls, fax systems, anti-spam, anti-virus, archiving, custom code environments, and accounting systems can inte- grate with Office 365. We will do our best to facilitate, but these integrations will likely require that product vendor. The Office 365 solution is quickly evolving and the product roadmap changes frequently. It is important to understand that some features may be enhanced or modified during the project. The Microsoft technet articles are the best source of information today. Specifically, LiftOff’s GDS work will: 1.1. Consist of an Office 365 Assessment Workshop where we will complete an analysis of the current email environment and ensure that requirements are captured, core functionality is reviewed, and details for the migration are discussed and reviewed. This planning session will be conducted via phone and typically takes two hours to complete. 1.2. Consist of Setup and Pre-Staging in the Office 365 Admin Console where we will access your portal together and begin the initial configuration the new Office 365 tenant. This will include: 1.2.1. Adjusting Microsoft initial, default configurations to meet your specifications. 1.2.2. Adding and verifying your email domains in Office 365 to show ownership. 1.2.3. Adding and licensing users. 1.2.4. Creating administrators of the system. 1.2.5. Identifying, testing, and configuring the optimal email migration tools and strategies . This will include the configuration of email migration tools using third -party, PSTs, or Microsoft tools. NOTE: This does NOT include the setup, configuration, or support of ADFS or other third-party authentication systems. 1.3. This is an Exchange 2013 to Office 365 GCCHIGH migration and we intend to perform a Mi- crosoft HYBRID migration. This utilizes the free migration tool included with Office 365. There are many advantages of using the hybrid migration path and we will make every attempt to make this work. In the rare event that the hybrid (Microsoft) wizard cannot be used for email or Public Folders, we will switch to a third-party migration tool (MigrationWiz). Client is responsible for the cost of the migration tool. Migration Configuration will include the following: 1.3.1. Assess, update and optimize the on-premise environment and Exchange server so that it is ready for migration. The source Exchange server MUST be fully accessible and fully updated for this to work. 1.3.2. Set up connection between on-premise and cloud migration tools using the Microsoft hybrid configu- ration wizard. 1.3.3. Test the migration process and confirm that it’s working as expected. © 2021 LiftOff, LLC. All Rights Reserved www.LiftoffOnline.com 1.3.4. Work with Client on migration steps and process for migrating all users. 1.4. Provide consulting on synchronizing your Active Directory to Office 365, if desired: 1.4.1. LiftOff has installed the Azure AD Connect sync tool hundreds of times. This is required for a hy- brid migration. This process involves several planning sessions to prepare for this process, install the tool and train your IT staff on managing Office 365 while syncing with AD. 1.5. Office 365 IT Admin Training. These training workshops are usually conducted over several days and encompass 4-5 hours. Specifically, the training sessions include overviews of: 1.5.1. Office 365 Admin Center – onboarding and offboarding users; resetting passwords; creating groups; creating resources; etc. 1.5.2. Exchange Admin Center – configuring the EOP Spam Management System; configuring SMTP relay; creating mail transport rules; conducting mail traces; etc. 1.5.3. Security and Compliance Center – creating and maintaining retention policies; conducting content searches; conducting eDiscovery searches; etc. 1.5.4. Microsoft Teams Admin Center – configuring policies and review Teams and Office 365 Group func- tionality and administration. 1.5.5. Administering Office 365 through Azure PowerShell. 1.5.6. OneDrive for Business/SharePoint Admin Center (if applicable) – how to control external sharing, quotas, and local syncing. LiftOff can offer suggestions for the BASIC configuration and admin set- tings/best practices for SharePoint Online, but it’s important to understand this is N OT our area of expertise. “Advanced” SharePoint consulting is outside the scope of this GDS and would need to be contracted separately with LiftOff or with a third-party. 1.6. Workstation Configuration. LiftOff will offer guidance and tools for the workstation configuration for Outlook and Office Pro Plus/M365 Apps (via “click to run” or the Office Deployment Tool). NOTE: Although LiftOff will provide guidance regarding workstation configuration and assist with trouble- shooting, LiftOff will NOT be directly responsible for the configuration of the workstations. Your IT staff is on-premise and will complete this configuration. 1.7. Setting up SMTP Relay options for the various devices and apps that relay email. If you require integra- tion with other third-party devices and applications, you will be responsible for working with your other ven- dors to remedy issues. 1.8. Prior to activating the new system, LiftOff will provide a pre-GO LIVE planning session called the “T minus 7 session” to ensure we’re ready to cutover. 1.9. GO LIVE! Together, we may change internal and external DNS records to point to Office 365 and verify mail flow. 1.10. Post Deployment. With you, we will lead a post GO LIVE call to ensure the system meets your expecta- tions and you understand how to utilize Office 365 support. 1.11. This Statement of Work will commence upon acceptance of documents on dates negotiated between LIFT- OFF and Client. 2. Investment & Payment Structure © 2021 LiftOff, LLC. All Rights Reserved www.LiftoffOnline.com 2.1. The cost of the services outlined in Section 1 above is $18,000. This is the client cost and has already factored in any incentives or promotions. The discounted consulting price requires the Client to purchase AOS-G annual licensing through LIFTOFF for a period of three years. If the Client does NOT purchase the AOS-G annual licensing from LIFTOFF, the cost of the services outlined in Section 1 will be $30,000.00. The AOS-G licensing includes a “price-lock” protection for three years. This pricing is valid for 30 days past the date identified in section 3.1. Invoicing is done after the Assessmen t Process (1.1) and terms are Net 30. 2.2. The client acknowledges that the Office 365 Microsoft Partner, LiftOff LLC, may receive payments from Microsoft as a result of the consulting done with LIFTOFF. 2.3. Migration Wiz Premium multi-pass licenses may be recommended for the project. If Client agrees to use Migration Wiz, Client will be responsible for purchasing licenses for all users. Migration Wiz licenses are typically $15 per mailbox. All migration licenses are purchased directly through LIFTOFF. 3. General Terms and Conditions 3.1. This Statement of Work will be bound by the terms of the Master Services Agreement between LIFTOFF & Client dated September 1, 2021, to which this Initial Statement of Work is attached as Exhibit A. 4. Signature Agreed and accepted by: LiftOff, LLC City of Baldwin Park, CA By: By: Ron Braatz Date Name: Date President Title: CPI Solutions 5999A Ridge View St Camarillo CA 93012 P: 805-987-2222 F: 805-987-2272 www.cpisolutions.com Prepared ByPrepared For City of Baldwin Park David Mortensen 14403 E. Pacific Avenue Baldwin Park, CA 91706 dmortensen@baldwinpark.com (626) 960-4011 Diana Gutierrez 805-764-7148 dgutierrez@cpisolutions.com City of Baldwin Park David Mortensen 14403 E. Pacific Avenue Baldwin Park, CA 91706 dmortensen@baldwinpark.com (626) 960-4011 Ship To Version 1 Quote #020061 2021-09-20 - Office 365 Migration - City of Baldwin Park Client Quote One Time Licenses Manufacturer Name Item Price Qty Extended BitTitan User Migration Bundle - Unlimited data per license $15.00 200 $3,000.00 BitTitan Migration Wiz - Mailbox License - 50 GB limit per license $11.99 150 $1,798.50 One Time Licenses Subtotal $4,798.50 Price Qty ExtendedMonthly Recurring Recurring Office 365 G3 -Pricing is Per User Per Month for 1 Year $7,000.00 $20.00 350 $7,000.00 Monthly Recurring Recurring Subtotal $7,000.00 Monthly Recurring Subtotal $7,000.00 Services Manufacturer Name Item Price Qty Extended CPI Solutions Fixed fee services - Office 365 Migration $28,800.00 1 $28,800.00 Assumptions: Migration of ~ 350 mailboxes to Office 365 from on Prem Exchange Assumes about 2TB of data and 200 active users Requirements: Office 365 licenses for active users and SharedMailboxes over 50GB ~ 200 MigrationWiz User Mig Bundle licenses ~ 150 MigrationWiz mailbox licenses Tasks Planning and requirements meetings Setup and configure Office 365 Tenant Setup Delegation to Office 365 Tenant Gain access to On-prem exchange for setup and migration Planning and deployment of spam filter or EOP Other tenant configurations and settings as planned Setup AD Connect from Active Directory to Tenant o Add required domain names to AD for UPN updates if required o Planning and configuration of AD Connect sync to cloud o Configuration of Dynamic license groups o Setup of MFA (DUO) with MFA being disabled until cut-over (disable is required for migration tools) Page 1 of 2Monday 20 September, 2021 CPI Solutions 5999A Ridge View St Camarillo CA 93012 P: 805-987-2222 F: 805-987-2272 www.cpisolutions.com Services Manufacturer Name Item Price Qty Extended Setup MigrationWiz project and configure for on-prem Exchange o Add mailboxes to MWProject o Validate connectors o Validate mailboxes o Configure pre-req on Exchange and Office365 for mailbox sizes, access, and exchange limits o Planning and deployment of Agent to workstations to facilitate user profile switching Seeding of mail to Office365 Information gathering of 3rd party email integrations, scanning, applications, services o Planning and deployment of access measures for 3rd party email services City testing and validation, schedule cut-over Cutover to Office365 2nd day support Services Subtotal $28,800.00 Freight Manufacturer Name Item Price Qty Extended Outbound Shipping Charge To Be Determined $0.00 1 $0.00 Freight Subtotal $0.00 Recap Amount One Time Licenses $4,798.50 Monthly Recurring $7,000.00 Services $28,800.00 Freight $0.00 Subtotal $40,598.50 Sales Tax $0.00 Total $40,598.50 Recurring Expenses Amount Monthly Recurring $7,000.00 Recurring Expenses $7,000.00 Quote is valid for 30 days. Taxes, shipping, handling and other fees may apply. We reserve the right to cancel orders arising from pricing or other errors. All project quotes with service require a signed scope of work with payment terms of 50% down, 40% on shipment to client site and final payment at completion. Signature Date Page 2 of 2Monday 20 September, 2021 1 Mark Hsu From:Janna Sieber <jsieber@go-planet.com> Sent:Wednesday, September 22, 2021 1:25 PM To:David Mortensen; Mark Hsu Cc:Kelli Jackson; Jennifer Dodd; Clayton Cobb; Michael Anderson Subject:RE: [EXTERNAL] Baldwin Park O365 Migration Quote Attachments:City of Baldwin Park - AOSG.pdf; CA-CityofBaldwinPark_SOW_MWR.docx [CAUTION]: External Email Hello again, As working with our team internally we have included the following information for information regarding your M365 Migration: 1) M365 Licensing Quote a. Quote includes: AOS‐G for 200 G3 licenses and 1 Azure AD Premium Plan 2 2) Modern Workplace Roadmap SOW a. Planet recommends beginning your migration to M365 with this Modern Workplace Roadmap in order to accurately plan, design, and secure your migration into the cloud. 3) M365 Implementation LOE (in table below) a. Planet has provided you with a high level of effort for implementations for M365 to the best of our ability before completing the Modern Workplace Roadmap We know this is a lot of information so please don’t hesitate to ask any follow up questions – we are happy to schedule another call if needed too. M365 Implementation LOE Task Description Cost Estimate Comments Identity and Authentication (I&A) RECOMMENDED OPTION 1 ‐ Build AADSync and DCs in MAC for high‐ availably Tasks Discovery Sessions Confirm Pass‐through Authentication will meet all current needs Confirm AD meets minimum requirements, and validate AD is healthy Plan and Deploy MAC Configure AADConnect and Domain Controllers in MAC Configure PTA and the authentication mechanism for all users Sync Identities $35,000 2 Review Azure costs Deliverables Implement PTA in MAC PTA Documentation for MAC OPTION 2 ‐ Leverage ADFS on‐prem Server Farm Not Recommended ‐ if you internet connection goes down you cannot access cloud resources including email. Tasks Discovery Sessions Confirm ADFS meets minimum requirements, and validate ADFS is healthy Federate to Azure Active Directory Set up and configure an AADConnect Server Sync Identities Validate and document configuration Deliverables Federate ADFS to AAD Updated ADFS Documentation for AAD $25,000 Email Migration Cutover Email Migration ~200 Mailboxes and ~150 Shared mailboxes Discovery and Design Discovery Sessions o Review current environment o Health check on existing email environment o Conditional Access Policies o Application Remediation o Public Folders o Identify and convert to Shared Mailboxes where possible o Archives o Mobile Devices o Other Prepare Messaging environment Implement Exchange Online tenant settings Create and test migration endpoint Implement Conditional Access Policies Implement Microsoft Exchange Server for co‐management (version depends on Discovery) Certificates and DNS Plan Migration Define pilot and production migration batch members Create any required test mailboxes on‐premises Communication Plan Provide Documentation on Public Folders Mobile Access $75,000 Timeline 6‐7 weeks Prior to migrating email to Exchange Online, Planet recommends converting public folders into resource mailboxes. If Client chooses to migrate the Public folders to EXO, Client will be responsible for migrating with their 3rd party tool: Exchange Savvy. 3 Mobile Device Monitoring and Compliance Modern Authentication (OAuth) Legacy protocols (POP, IMAP, EAS) Multi‐Factor Authentication Organizational Change Management End‐User Communication Plan End‐User Training Plan Migration Pilot Migration – One (1) Calendar Week Perform pilot migration for up to twenty‐five (25) users and five (5) shared mailboxes Gather analysis on user experience Provide remediation if needed Production Migration – One (1) Calendar Week Production migration will be performed in “cutover” fashion where all remaining (non‐Pilot users) mailboxes and shared mailboxes will be migrated in one iteration Post‐Migration Support Provided (up to 1 week) Provide System Design Documentation Deliverables Exchange Online System Design Documentation Exchange Online Production Email Migration Complete EMS+S Deployments EMS: MFA Pilot and Production Deployment If using Microsoft MFA If using Duo, cost depends on MWR findings Plan, schedule, and execute the MFA Pilot and Production migration – define groups and waves Review usage and use case scenarios that were identified during the Roadmap engagement Review decisions about the options for deploying/enforcing MFA Implement MFA Options Implement enforcing MFA for Admins Implement enforcing MFA for Users $45,000 Planet strongly recommends implementing MFA for all Admins and users prior to migrating email to EXO. This effort can be done concurrently with the email migration so the user impact is minimal. 4 Execute script for pre‐enrolling users for MFA Discuss Roles and Responsibilities for managing and operations Conduct a pilot deployment for up to maximum of 100 users Implement the Communications for End Users (According to the Roadmap Communication Plan) Implement User Training (according to the Roadmap Training Plan) Conduct a production deployment for remaining users (approximately 3,500) Post production support (Up to 1 week) Intune for MDM Depends on Planning in MWR $TBD Planet strongly recommends OAuth be enabled and that you have a secure MDM solution in place for mobile devices if you are going to allow users to access email with mobile devices. OPTIONAL EMS: SSPR Pilot and Production Deployment Plan, schedule, and execute the SSPR Pilot and Production migration – define groups and waves Review usage and use case scenarios that were identified during the Roadmap engagement Review decisions about the options for deploying/enforcing SSPR Implement SSPR Options Discuss Roles and Responsibilities for managing and operations Conduct a pilot deployment for up to maximum of 100 users Implement the Communications for End Users (According to the Roadmap Communication Plan) Implement User Training (according to the Roadmap Training Plan) Conduct a production deployment for remaining users (approximately 650) Post production support (Up to 1 week) $35,000 We added this optional deployment based on the response from the questionnaire that this was of interest. Thanks, 5 Janna Sieber Manager of Business Solutions and Project Managers Cell:303.941.6485 jsieber@go-planet.com Quote prepared: 9/22/2021 Quote expires: 9/30/2021 Planet Technologies offers the following quote for the next year for City of Baldwin Park through our AOS-G Agreement for an O365 GCC High subscription. This quote will expire September 30, 2021; upon expiration of this quote, the following prices may no longer be valid. Part Number SKU Monthly Cost Per User Annual Cost per user Quantity/Users Annual Cost for licenses AAA-11894 O365GCCE3 ShrdSvr ALNG SubsVL MVL PerUsr $17.28 $207.36 200 $41,472.00 MQN-00001 AzureActiveDrctry PremP2GCC ShrdSvr ALNG SubsVL MVL PerUsr $7.27 $87.24 1 $87.24 Total Cost - $41,559.24 City of Baldwin Park must include the attached Microsoft Terms and Conditions as part of the contract. The agreement cannot be executed (processed at Microsoft) until the completed documents and PO are received for the initial payment. At the point the documents are approved by the Legal Department at Microsoft, the billing period will begin. Prior to the enrollment anniversary, the Annual Order process allows your organization to submit an annual order to account for any increase or decrease in licenses (for example those required for qualified devices or users, license transitions and Online Services reservations, as permitted). Additional details: • Your annual order must be received by Planet Technologies, Inc. between 60 and 30 days prior to the Enrollment Anniversary. • If the annual order is not received when due, Planet Technologies, Inc., will invoice for all subscription Licenses including Online Services and L&SA, ordered in the prior year and any Online Service reservations in excess of the quantity previously ordered. Unless specified otherwise in the above referenced contract, all prices are based on Net 30 terms. If not shown, shipping, handling, taxes and other fees will be added at the time of the order where applicable. City of Baldwin Park understands and acknowledges that all warranties, representations and returns are subject to the manufacturer, publisher or distributor guidelines. All product descriptions and prices are based on the latest information available and are subject to change within the terms of the above referenced contract. By signing this contract, you agree to be bound by the applicable pricing and all Terms and Conditions found herein, including but not limited to the attached Microsoft Terms and Conditions. City of Baldwin Park Planet Technologies, Inc. 20400 Observation Drive, Suite 107 Germantown, MD 20876 (301) 721-0100 Signature Date Signature Date Print Name Print Name Company Name Company Name Street Address Street Address City, State, Zip Code City, State, Zip Code Customer Terms for Cloud Services Agreement – US Public Sector This agreement is between (“we”, “us”, and “our”) and (“you” and “your”). It is effective when we accept it. Key terms are defined in § 8. 1. General. Right to use. You may access and use Office 365, and install and use a Client (if any) included with y our Subscription, only as described in this agreement. All other rights are reserved. Acceptable use. You will use Office 365 only per the AUP. You will not use Office 365 in any way that infringes a third party’s patent, copyright, or trademark or misappropriates its trade secret. You may not reverse engineer, decompile, work around technical limits in, or disassemble Office 365, except if applicable law permits despite this limit. You may not rent, lease, lend, resell, transfer, or host Office 365 to or for third parties. Compliance. You will comply with all laws and regulations applicable to your use of Office 365. In providing Office 365, we and our Providers will comply with all laws and regulations (including applicable security breach notification law) that generally apply to IT service providers. You will obtain any consents required: (1) to allow you to access, monitor, use, and disclose user data; and (2) for us to provide Office 365. If you are an educational institution, you will obtain any parental consent for end users’ use of Office 365 as required by applicable law. Customer Data. Customer Data is used only to provide you Office 365. This use may include troubleshooting to prevent, find and fix problems with Office 365’s operation. It may also include improving features for finding and protecting against threats to users. Neither we nor our Providers will derive information from Customer Data for any advertising or other commercial purposes. We will enable you to keep Customer Data separate from consumer services. Customer Data will not be disclosed unless required by law or allowed by this agreement. Your contact information may be provided so that a requestor can contact you. If law requires disclosure, we will use commercially reasonable efforts to notify you, if permitted. Customer Data may be transferred to, and stored and processed in, any country we or our Providers maintain facilities, unless you provision your tenant in the United States, If you do, Microsoft will provide Office 365 from data centers in the United States, and storage of the following customer data at rest will be located in data centers only in the United States: (i) Exchange Online mailbox content (e - mail body, calendar entries, and the content of e-mail attachments), and (ii) SharePoint Online site content and the files stored within that site. Changes. Office 365 may be changed periodically, after which you may need to agree to new terms. You may be required to run a client software upgrade on devices using Office 365 after a change to maintain full functionality. Use rights. Use rights specific to Office 365 are posted online at the link to the AUP. 2. Confidentiality and Security. We and our Providers will (a) maintain appropriate technical and organizational measures, internal controls, and data security routines intended to protect Customer Dat a against accidental loss or change, unauthorized disclosure or access, or unlawful destruction and (b) not disclose Customer Data, except as required by law or expressly allowed. Neither party will make any public statement about this agreement’s terms without the other’s prior written consent. 3. Term, Termination, and Suspension Term and termination. This agreement will remain in effect for three years’ subject to your right under applicable law to terminate for convenience. Customer Data. You may extract Customer Data at any time. If your Subscription expires or terminates, we will keep your Customer Data in a limited account for at least 90 days so you may extract it. We may delete your Customer Data after that. Regulatory. If a government rule or regulation applies to us or our Providers, but not generally to other businesses, and makes it difficult to operate Office 365 without change, or we or our Providers believe this agreement or Office 365 may conflict with the rule or regulation, we may change Office 365 or terminate the agreement. If we change Office 365 to come into compliance, and you do not like the change, you may terminate. Suspension. We may suspend use of Office 365: (1) if reasonably needed to prevent unau thorized Customer Data access; (2) if you do not promptly respond under §5 to intellectual property claims; or (3) for non-payment; or (4) if you violate the AUP. A suspension will be in effect only while the condition or need exists and, if under clause (1) or (2), will apply to the minimum extent necessary. We will notify you before we suspend, unless doing so may increase damages. We will notify you at least 30 days before suspending for non-payment. If you do not fully address the reasons for suspension within 60 days after we suspend, we may terminate your Subscription. 4. Limited warranty; disclaimer. We warrant that Office 365 will meet the SLA terms during the Subscription; your only remedy for breach of warranty is stated in the SLA. We provide no (and disclaim to the extent permitted by law any) other warranties, express, implied, or statutory, including warranties of merchantability or fitness for a particular purpose. 5. Duty to protect. Defense. We or our Providers will defend you against any claims made by an unaffiliated third party that Office 365 infringes its patent, copyright, or trademark or misappropriates its trade secret. Remedies. If we or our Providers reasonably believe that a claim under §5 may bar your use of Office 365, we or our Providers will seek to: (1) obtain the right for you to keep using it; or (2) modify or replace it with a functional equivalent and notify you to stop use of the prior version. If these options are not commercially reasonable, we or our Providers may terminate your rights to Office 365 and refund any payments for unused Subscription rights. Other obligations. To the extent permitted by law, you will (1) notify us promptly of a claim under this §5 and (2) allow us or our Providers to assist in your defense or settlement. You will provide reasonable help to defend. We or our Providers will reimburse you for reasonable out-of-pocket expenses incurred in giving that help and pay the amount of any resulting ad verse final judgment (or settlement the protecting party consents to). Neither we nor our Providers will be bound by any settlement to which we do not agree in writing, this § 5 provides the exclusive remedy for these claims. Limits. The obligations of us and our Providers in this §5 won’t apply to a claim or award based on: (1) Customer Data; (2) software not provided by us or our Providers; (3) modifications you make to Office 365, or materials you provide or make available as part of using Office 365; (4) your combination of Office 365 with, or damages based on the value of, a product, data, or business process not provided by us or our Providers; or (5) your use of a Microsoft trademark without their express, written consent, or your use of Office 365 after being notified to stop due to a third-party claim. 6. Limited liability. Each party’s (and our Providers’) maximum aggregate liability for any claim related to this agreement is limited to direct damages up to the fees that you paid for Office 365 during the 12 months before the claim arose (or $5,000.00 if you paid no fees). Neither party nor our Providers will be liable for lost revenues or indirect, special, incidental, consequential, punitive, or exemplary damages, even if the party knew they were possible. The limits and exclusions in this §6 apply to the extent permitted by law, but do not apply to (1) obligations under §5; or (2) intellectual property infringement or misappropriation. 7. Agreement mechanics. You must send notice by regular mail, return receipt requested, to the address on the Portal (effective when delivered). We may email notice to your account administrators (effective when sent). You may not assign this agreement, or any right or duty under it. If part of this agreement is held unenforceable, the rest remains in force. Failure to enforce this agreement is not a waiver. The parties are independent contractors. This agreement does not create an agency, partnership, or joint venture. This agreement is governed by the laws applicable to Customer, without regard to conflict of laws. This agreement (including the SLA and AUP) and our price sheet are the parties’ entire agreement on this subject and supersedes any concurrent or prior communications. Agreement terms that require p erformance, or apply to events that may occur, after termination or expiration will survive, including §5. Office 365 and the Client are subject to U.S. export jurisdiction. You must comply with the U.S. Export Administration Regulations, the International Traffic in Arms Regulations, and end-user, end-use, and destination restrictions. For more information, see http://www.microsoft.com/exporting/. Our Providers may deliver Office 365, and the rights granted to us also apply to them. 8. Definitions. “AUP” means the acceptable use policy at http://www.microsoftvolumelicensing.com/Downloader.aspx?DocumentId=5502 . “Client” means device software that we or our Providers provide you with Office 365. “Customer Data” means all data, including all text, sound, or image files that are provided to us or our Providers by, or on behalf of, you through your use of Office 365. “Office 365” means (1) Exchange Online, Exchange Online Archiving, SharePoint Online, Lync Online, and Office Web Apps included in Office 365 Enterprise Plans E1, E2, E3, E4, K1, and K2; and Office 365 Government Plans G1, G2, G3, G4, K1, and K2; and (2) Exchange Online Archiving; Exchange Online Protection; Exchange Online Plans 1, 2, Basic, and Kiosk; SharePoint Online Plans 1, 2, and Kiosk; Office Web Apps Plans 1 and 2; and Lync Online Plans 1, 2, and 3. “Portal” means the Online Services Portal for Office 365 (see http://www.microsoft.com/online). “Providers” means our affiliates, licensors, and suppliers, including Microsoft and its applicable affiliates. “SLA” means the service level commitments we or our Providers make regardin g delivery and performance of Office 365 (see http://www.microsoft.com/licensing/contracts). “Subscription” means an order for a quantity of Office 365. STAFF REPORT ITEM NO. ________7_______ TO: Honorable Mayor and Members of the City Council FROM: Laura J. Thomas, Human Resources/Risk Manager DATE: October 20, 2021 SUBJECT: Ratify and Adopt Resolution 2021-030 for Temporary Employment of Dianne DeRemer (Retired Annuitant) for the Position of Records Supervisor SUMMARY Staff is requesting approval to employ Dianna DeRemer as a retired annuitant for the Records Supervisor vacant position. Dianna DeRemer submitted paperwork to retire effective October 9, 2021 after serving the City of Baldwin Park. In order to minimize disruption resulting from this loss of institutional and operational knowledge, to complete important projects, and to provide a smooth transition, the City is interested in retaining her services on a temporary basis of approximately four to six months. RECOMMENDATION Staff recommends that the City Council approve a Resolution 2021.030, authorizing the Mayor to execute a part time, temporary employment agreement; and authorize the Director of Finance to make the necessary appropriation and budget adjustment. FISCAL IMPACT The estimated fiscal impact to the General Fund for this transition is about $27,000 depending on the term. However, there might be savings to cover this additional cost from other current unfilled vacancies in the Police Department. BACKGROUND In accordance with CalPERS regulations, the City may provide an arrangement where Dianna DeRemer can continue to work for the City in the capacity of retired annuitant. The City is currently recruiting for this position. In the interim, the retired annuitant will allow for the appropriate transition of critical projects as well as the proper selection and transition of her replacement. On March 4, 2020, Governor Gavin Newsom issued Executive Order N-25-20. The executive order, among other things, suspended certain restrictions applicable to retired annuitants. On March 18, 2020, the California Public Employees’ Retirement System (“CalPERS”) issued Circular Letter 200- 015-20, which explains the restrictions that are suspended for the duration of the state of emergency caused by the COVID-19 pandemic. Any hours worked by a retired annuitant to ensure adequate staffing during the state of emergency will not count toward the 960-hour per fiscal year limit. In addition, the 180-day wait period between retirement and returning to post-retirement employment will be suspended. In order to be compliant with California Law and the 2013 Pension Reform Act, it is normally necessary for the City Council to certify there is an urgent need to waive the 180 day waiting period as well as take an action affirming the execution of such employment arrangements. In addition, the employee must be paid the same rate as in the approved City Salary Resolution and the employee cannot receive any other benefits or compensation and may not receive any incentive to retire such as a golden handshake. The attached resolution and agreement satisfy those requirements. ALTERNATIVES The alternative is to not approve the Resolution and provide other direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES 1. Resolution 2021-030 2. Temporary Employment Agreement RESOLUTION NO. _______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AUTHORIZING AN AGREEMENT WITH “RETIRED ANNUITANT” DIANNA DEREMER AS INTERIM RECORDS SUPERVISOR AND AUTHORIZING THE MAYOR TO EXECUTE SAME WHEREAS, the City of Baldwin Park is to provide an arrangement where Dianna DeRemer can continue to work for the City for approximately an additional 6 months and no more than 960 hours in any Fiscal Year; and WHEREAS, this additional time will allow for the appropriate transition of critical projects as well as the proper selection and transition of her replacement; and WHEREAS, Governor Gavin Newsom issued Executive Order N-25-20. The executive order, among other things, suspended certain restrictions applicable to retired annuitants; and WHEREAS, any hours worked by a retired annuitant to ensure adequate staffing during the state of emergency will not count toward the 960-hour per fiscal year limit. In addition, the 180-day wait period between retirement and returning to post-retirement employment will be suspended. NOW THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. In compliance with Government Code section 7522.56 the City of Baldwin Park must provide CalPERS this certification resolution when hiring a retiree before 180 days has passed since his or her retirement date. Section 2. That Records Supervisor Dianna DeRemer (DeRemer, Retired Annuitant) will be retiring from the City of Baldwin Park effective October 9, 2021. Section 3. That section 7522.56 requires post-retirement employment commence no earlier than 180 days after the retirement date without this certification resolution and/or unless waived by emergency orders of the Governor of California. Section 4. That section 7522.56 provides that this exception to the 180 day wait period shall not apply if the retiree accepts any retirement-related incentive and the City Council of Baldwin Park certifies that DeRemer has not and will not receive any Golden Handshake or other retirement incentive. Section 5. On March 4, 2020, Governor Gavin Newsom issued Executive Order N-25-20. The executive order, among other things, suspended certain restrictions applicable to retired annuitants. On March 18, 2020, the California Public Employees’ Retirement System (“CalPERS”) issued Circular Letter 200-015-20, which explains the restrictions that are suspended for the duration of the state of emergency caused by the COVID-19 pandemic. The employment shall be limited to 960 hours per Fiscal Year however any hours worked by a retired annuitant to ensure adequate staffing during the state of emergency will not count toward the 960-hour per fiscal year limit. In addition, the 180-day wait period between retirement and returning to post-retirement employment will be suspended. Section 6. This section 21221(h) appointment shall only be made once and therefore will end on or before June 30, 2022. Section 7. The compensation paid to retirees cannot be less than or more than the base salary as specified in the City Salary Resolution. The hourly rate paid to DeRemer will be thirty four dollars and seventy five cents per hour in accordance with the City approved Salary Resolution. Section 8. That the Baldwin Park City Council hereby appoints Dianna DeRemer as an interim appointment retired annuitant to the vacant position of Records Supervisor for the City of Baldwin Park under Government Code section 21221(h), effective October 25, 2021. Section 9. That pursuant to sections 7522.56 and 21221(h) of the Government Code, the City Council has determined that a critical need exists for retaining the services of “retired annuitant,” due to various ongoing and complex projects and assignments required for the operation of the City, to complete recruitment of a Records Supervisor, to avoid a lapse in leadership and to provide guidance and transition during the replacement hiring; and Section 10. That an appointment under Government Code Section 21221(h) requires and active, publicly posted recruitment for a permanent replacement for the critical position of Records Supervisor; and Section 11. The current status of the recruitment for this critical position will be advertised and publicly posted on the City of Baldwin Park website; and Section 12. That the retired annuitant’s scope of work will be focused on the following activities; Employer shall employ Retired Annuitant as the Interim Records Supervisor. Retired Annuitant shall be vested with full power and authority to direct and conduct all the business of the City of Baldwin Park as is provided for by the Baldwin Park Municipal Code and other applicable statutory provisions. Duties and assignments while in this capacity shall generally include administrative oversight of the Police Departments Records Division. Section 13. That the Mayor of the City of Baldwin Park is hereby authorized to execute an Agreement with Dianna DeRemer for temporary post-retirement employment, said Agreement being in the form attached hereto and made a part hereof by reference as though the same were set forth in full herein. The entire agreement between DeRemer and the City of Baldwin Park is reviewed by this body and attached herein. Section 14. That said action was taken during a regular meeting of the Baldwin Park City Council and considered as part of the non-consent portion of the agenda. Section 15. The Mayor shall sign and the City Clerk shall certify to the passage and adoption of this Resolution and thereupon the same shall take effect and be in force. PASSED, APPROVED AND ADOPTED this 20th day of October 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 hereby certify that the foregoing Resolution No. 2021-030 was duly and regularly adopted by the City Council of the City of Baldwin Park at a meeting thereof held on the October 20, 2021, by the following vote to wit: AYES: COUNCIL MEMBERS: Avila, Damien, Garcia, Hernandez, Estrada NOES: COUNCIL MEMBERS: None ABSENT: COUNCIL MEMBERS: None ABSTAIN: COUNCIL MEMBERS: None ___________________ Marlen Garcia CITY CLERK EMPLOYMENT AGREEMENT This employment agreement is effective as of October 25, 2021, between the City of Baldwin Park (“Employer”) and Dianna DeRemer (“Retired Annuitant”). 1. The Retired Annuitant served as Records Supervisor for Employer. Employer desires to ensure continued services of Retired Annuitant as the Records Supervisor in order to retain her experience, abilities, and knowledge until such time as a suitable replacement can be found and trained and is therefore agreeing to continue engaging her services as Records Supervisor under the terms and conditions set forth. 2. Retired Annuitant desires to continue in the employment of Employer and is willing to do so under the terms and conditions set forth below. THEREFORE, in consideration of the above recitals, and of mutual promises and conditions in this AGREEMENT, it is agreed as follows: 3. TERMS OF EMPLOYMENT. Subject to earlier termination as provided for in this AGREEMENT, Retired Annuitant shall be employed for a term beginning October 25, 2021, and ending no later than June 30, 2022. 4. DUTIES AND AUTHORITY. Employer shall employ Retired Annuitant as the Records Supervisor. Retired Annuitants shall be vested with full power and authority to direct and conduct all the business of the City of Baldwin Park as is provided for by the Baldwin Park Municipal Code and other applicable statutory provisions. Duties and assignments while in this capacity shall generally include administrative oversight of the Police Department Records Division. 5. REASONABLE TIME AND EFFORT. During her employment, Retired Annuitant shall devote such time, interest and effort to the performance of her AGREEMENT as necessary. However, absent a mandated schedule, Retired Annuitant shall be expected to devote approximately 20 hours or more weekly to the performance of these described duties. 6. WAGES. During the term of this AGREEMENT, Employer agrees to pay Retired Annuitant the hourly rate of $34.75, payable in bi-weekly installments subject to all applicable withholding and deductions. 7. ADDITIONAL BENEFITS. Except as provided for above, or as required by State and Federal law, during the employment term, Retired Annuitant shall not be entitled to receive other benefits of employment generally available to Employer’s other employees. 8. TERMINATION OF AGREEMENT. Employer may terminate Retired Annuitant’s employment at any time during the term of this AGREEMENT. 9. INDEMNIFICATION BY EMPLOYER. Employer shall, to the maximum extent permitted by the law, indemnify and hold Retired Annuitant harmless for any acts or decisions made by her in the course and scope of employment. To the same, Employer will pay and advance all expenses, including reasonable attorney’s fees and costs of court approved settlements, actually and necessarily incurred by Employer in connection with the defense of any action suit or proceeding and in connection with any appeal, which has been brought against Retired Annuitant by reason of his performance of services as an officer or agent of the Employer. 10. TERMINATION OR RESIGNATION. Retired Annuitant may terminate this AGREEMENT by giving Employer prior written notice of resignation. Unless otherwise agreed to by the parties, termination of employment by resignation shall result in no post-resignation compensation being paid by Retired Annuitant. 11. CONFORMANCE WITH RETIREMENT LAW. This Agreement may only be modified, including extension of term, in writing by Retired Annuitant and Mayor and City Council or their designee provided that changes are in conformance with current California Public Employee’s Retirement law involving post retirement employment under Section 7522.56. 12. CITY COUNCIL APPROVAL. This AGREEMENT shall be of no force and effect unless or until approved by the City Council of Baldwin Park. Executed on the 20th day of October 2021, in the City of Baldwin Park, Los Angeles County. Signatures: CITY OF BALDWIN PARK: RETIRED ANNUITANT: ____________________ ___________________ Emanuel Estrada, Mayor Dianna DeRemer, Records Supervisor ITEM NO. 8 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, PE, Chief Executive Officer Maria Moreno, Operations Supervisor DATE: October 20, 2021 SUBJECT: Approval of Agreement for Communications and Social Media Services with Tripepi Smith & Associates SUMMARY The purpose of this staff report is for the City Council to consider approval of an Agreement for Communications and Social Media Services with Tripepi Smith & Associates. RECOMMENDATION Staff recommends that the City Council approve the Agreement for Communications and Social Media Services with Tripepi Smith & Associates and Authorize Chief Executive Officer to Execute Agreement. FISCAL IMPACT There is no fiscal impact to the General Fund. The adopted Budget for FY21-22 has an available funding of $38,483 in account 230-10-110-51100-11402 with annual appropriation of $39,000. City staff and the City Attorney negotiated an agreement that would be determined by an hourly rate on per project. There will be no monthly retainer at this time. The total cost for this agreement through October 20, 2022 is not to exceed $39,000. BACKGROUND At their July 7, 2021 City Council Meeting, Staff presented the list of firms received in response to the Request for Proposals (RFP) for City Council to select a firm. The item was pushed to a subsequent meeting. At a subsequent City Council Meeting, the City Council directed Staff with City Council consensus to negotiate an agreement with Tripepi Smith to be presented at a subsequent meeting. Tripepi Smith is a team of 26 communications experts, robust enough to offer experienced and effective professionals in public affairs, marketing, technology and creative services; communication, web, social media, photography, video, and design. Tripepi Smith offers a spectrum of skills that allows to match the appropriate resource based on the need of services. Tripepi Smith is a force multiplier for the communication operations of cities across California and is actively working with dozens of city governments and public agencies. The City has negotiated a scope of work with a pick menu based on the project needs. The consultant agrees to perform certain services necessary for completion of the project, which services shall include: strategic development, social media management, press releases, web hosting and support, contract generation, graphics videos any other marketing or public affairs tasks assigned by the City. ALTERNATIVES The alternative would be that the City Council may choose not to approve the Agreement. LEGAL REVIEW The report has been reviewed and approved by the City Attorney as to legal form. ATTACHMENTS 1. Professional Services Agreement 2. Response for Proposals dated May 10, 2021 Professional Services Agreement Page 1 Professional Services Agreement This Agreement is made by and between the City of Baldwin Park (“the City”), and Tripepi Smith (“the Consultant”). 1. Engagement. The City agrees to engage the Consultant to perform those services described below for Communications and Social Media Services (“the Project”). 2. Services. The Consultant agrees to perform certain services necessary for completion of the Project, which services shall include, without limitation, the following: Strategic development, social media management, press releases, web hosting and support, contact generation, graphics, videos, any other marketing or public affairs tasks assigned by the City. Upon request by the City, Consultant shall provide a report and supporting documents regarding the services provided by Consultant. Such documentation and reports shall become the property of the City of Baldwin Park. A complete description of the services to be provided is contained in a proposal from the Consultant to the City, dated May 10, 2021, which is incorporated herein by reference. 3. Relationship. The Consultant is an independent contractor and is not to be considered an agent or employee of the City. 4. Compensation. As full compensation for the Consultant’s professional services performed hereunder, the City shall pay the Consultant at an hourly rate (“professional services fee”) which shall be based on the table below: Resource Hourly Rate Principal $285.00 (Two Hundred Eighty-Five Dollars) Director $200.00 (Two Hundred Dollars) Art Director $200.00 (Two Hundred Dollars) Senior Business Analyst $160.00 (One Hundred Sixty Dollars) Business Analyst $110.00 (One Hundred Ten Dollars) Junior Business Analyst $85.00 (Eighty-Five Dollars) Senior Videographer/Animator $160.00 (One Hundred Sixty Dollars) Photographer/Videographer $110.00 (One Hundred Ten Dollars) Senior Graphic Designer $145.00 (One Hundred Forty-Five Dollars) Web Developer $160.00 (One Hundred Sixty Dollars) Drone Operator $160.00 (One Hundred Sixty Dollars) Professional Services Agreement Page 2 1. Compensation for Additional Services. In the event the City requires services in addition to those described in Paragraph 2, Additional costs if any will be mutually agreement upon between the City and the Consultant. Additional costs for equipment and services as outlined in Exhibit A, client proposal 2. Method of Payment. P ayment of the Consultant’s professional services fee shall be made on a monthly basis, 30 days, by the City upon receipt of billings from the Consultant. Consultant will invoice the City on the last day of each month. 3. Term. The term of this agreement shall commence upon the execution of this Agreement by both parties, at which time the Consultant shall begin work on the Project and shall continue, subject to termination provisions of Paragraph 8, for one year. 4. Termination. This agreement may be terminated: (a) by either party at any time for failure of the other party to comply with the terms and conditions of this Agreement; (b) by the City upon 10 days prior written notice to the Consultant; or (c) upon mutual written agreement of both parties. In the event of termination, the Consultant shall stop work immediately and shall be entitled to compensation for professional service fees and for expense reimbursement to the date of termination. 5. Insurance. The Consultant shall maintain in force during the term of the agreement, Comprehensive General Liability Insurance with the Extended Liability Endorsement, including Personal Injury; Commercial Umbrella Liability; Automobile Liability Insurance, including Non-Owned and Hired Liability; and Workers’ Compensation and Employers’ Liability Insurance. Such insurance shall be at least $1,000,000 (one million dollars). 6. Indemnity. The Consultant shall indemnify and hold harmless the City from and against any and all claims arising from the Consultant’s acts, or from the conduct of Consultant's business or from any activity, work or things done, permitted or suffered by the Consultant in the City of Baldwin Park or elsewhere and shall further indemnify and hold harmless the City from and against any and all claims arising from any breach or default in the performance of any obligation on the Consultant under the terms of this Agreement, or arising from any negligence of the Consultant, or any of the Consultant's agents, contractors, or employees, and from and against all costs, attorney's fees, expenses and liabilities incurred in the defense of any such claim or any action or proceeding brought thereon; and in case any action or proceeding be brought against the City by reason of any such claim, the Consultant upon notice from the City shall defend the same at Consultant's expense by counsel satisfactory to the City. Consultant, as a material part of the consideration to the City, hereby assumes all risk of damage to property or injury to persons arising from any cause and Consultant hereby waives all claims in respect thereof against the City. 7. Arbitration. Any dispute, controversy or claim arising out of or relating in any way to this Agreement, including without limitation any dispute concerning the construction, validity, interpretation, enforceability or breach of this Agreement, shall be exclusively resolved by binding arbitration upon a party’s submission of the dispute to arbitration. In the event of a dispute, controversy or claim arising out of or relating in any way to this Agreement, the complaining party shall notify the other party in writing thereof. Within thirty (30) days of such notice, management level representatives of both parties shall meet at an agreed location to attempt to resolve the dispute in good faith. Should the dispute not be resolved within thirty (30) days after such notice, the complaining party shall seek remedies exclusively through arbitration. The demand for arbitration shall be made within a reasonable time after the claim, Professional Services Agreement Page 3 dispute or other matter in question has arisen, and in no event shall it be made after two years from when the aggrieved party knew or should have known of the controversy, claim, dispute or breach. 8. Miscellaneous. a) The entire agreement between the parties with respect to the subject matter hereunder is contained in this agreement. b) Neither this agreement nor any rights or obligations hereunder shall be assigned or delegated by the Consultant without the prior written consent of the City. c) This agreement shall be modified only by a written agreement duly executed by the City and the Consultant. d) Should any of the provisions hereunder be found to be invalid, void or voidable by a court, the remaining provisions shall remain in full force and effect. e) This agreement shall be governed by and construed in accordance with the laws of the State of California. f) All notices required or permitted under this agreement shall be deemed to have been given if and when deposited in the United States mail, properly stamped and addressed to the party for whom intended at such party’s address listed below, or when delivered personally to such party. A party may change its address for notice hereunder by giving written notice to the other party. APPROVED: TRIPEPI SMITH By: CITY OF BALDWIN PARK By: Name Printed: Name Printed: Title: Title: Date: PO Box 52152 Irvine, California 92619 (626) 536-2173 FAX: (949) 679-8371 Date: 14403 E. Pacific Avenue Baldwin Park, California 91706 (626) 960-4011 FAX: (626) 962-2625 Website: www.baldwinpark.com Professional Services Agreement Page 4 Professional Services Agreement Page 5 Time and Materials Services and Direct Costs Time and Materials Work Sometimes, the nature of the work we do cannot be included in a retainer and is best handled on a project price basis or a time & materials basis if sufficient details are not available to fix price a solution. In these cases, Tripepi Smith will use the following information and rates to price this additional work with the City. In certain instances where insufficient details are available to confidently estimate a project price or confirm a not-to-exceed amount, we can offer a discount of thirty percent (30%) on any time over the estimate to mitigate cost and time overruns due to scope creep. Tripepi Smith can provide regular updates on the budget use and how it is being spent, depending on the nature of the engagement or project. Billing Time at Tripepi Smith is billed in 15-minute increments – i.e. we invoice our time in the following examples: 1.25, 0.75, 4.0 or 6.5 hours. Annual Increase Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent (5%) or the regional CPI index–whichever is higher-each year on the anniversary of the contract, starting in the calendar year 2022. Retainer Discount When client monthly retainers exceed six-thousand-five-hundred dollars ($6,500) a month, have access to our reduced Hourly – Retainer rates noted below. Otherwise, any ad hoc work done outside the scope of the Retainer would be at the Hourly – Standard rates. Title Resource Hourly - Standard Hourly - Retainer Principal $285.00 $245.00 Director $200.00 $175.00 Art Director $200.00 $175.00 Senior Business Analyst $160.00 $140.00 Business Analyst $110.00 $100.00 Junior Business Analyst $85.00 $75.00 Senior Videographer/Animator $160.00 $145.00 Photographer/Videographer $110.00 $100.00 Senior Graphic Designer $145.00 $130.00 Graphic Designer $110.00 $100.00 Web Developer $160.00 $140.00 Drone Operator $160.00 $145.00 Other Costs Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during our engagement that we want to tell you about. Travel Costs Travel costs must be pre-authorized and then will be reimbursed by the City for any requested travel. Professional Services Agreement Page 6 Travel costs to be covered are for airfare, lodging and car rental. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource’s Standard Hourly Rate. However, if the resource is onsite for at least six (6) hours of billable time in a day, we will not invoice for travel time. Equipment Fees Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply: Title Half Day Full Day Video Equipment $350 $550 Drone Equipment N/A $500 • Five-hundred-fifty dollars ($550) for a full day of video equipment use (includes full set of video equipment). Full day is defined as a shoot lasting four (4) or more hours. • Three-hundred-fifty dollars ($350) for a half day of video equipment use. Half day is defined as anything under four (4) hours of video production. All such expenses will be authorized by the City prior to fee being assessed. • Five-hundred dollars ($500) per day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate). Service Fees Title Client Pays Directly Client Reimburses TS Print costs, digital advertising, media placement, voiceover/captions No Fees 10% Typically, Tripepi Smith prefers to have service providers bill the client directly to avoid additional administrative costs and because we have no economic interest in the service provider selection. If Tripepi Smith is asked to pay the bill for the client, we will apply a ten percent (10%) agency fee to the reimbursement expense. Typical services include, but are not limited to: Print Costs: Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience. Digital Advertising: Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees. Media Placement: Tripepi Smith can help liaise on behalf of the City for advertising space within various mediums, such as newspapers, magazine or websites. Voiceover, Translation and Closed Caption Fees: Tripepi Smith occasionally uses third-party resources to record voiceovers for videos, generate closed captions for videos, and for non-English language translations. Response submitted for: RFP Communications and Social Media Services CITY OF BALDWIN PARK Submission Date: Monday, May 10, 2021 VALID FOR 30 DAYS By: Ryder Todd Smith, Co-Founder & President City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 2 TABLE OF CONTENTS Section 1: Vendor Information and Cover Letter ........................................................... 3 Section 2: Firm Experience ............................................................................................ 5 Section 3: Project Team ............................................................................................... 11 Section 4: Samples of Work ......................................................................................... 18 Section 5: Cost Proposal .............................................................................................. 19 Appendix A: Resumes .................................................................................................. 26 Appendix B: Statements and Disclosures .................................................................... 35 Appendix C: RFP Submittal Checklist .......................................................................... 37 Appendix D: References .............................................................................................. 38 City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 3 SECTION 1: VENDOR INFORMATION AND COVER LETTER -9- VENDOR INFORMATION FORM Legal Contractual Name: Mailing Address: Contact Person & Title: E-mail Address: Phone: Your Firm is: (check one) Corporation Limited Liability Partnership Partnership Sole Proprietorship Individual Joint Venture If Corporation, incorporated under laws of the State of: Names of Individuals with Authorization to sign contracts (Corporations and Partnership require at least two signatures): Federal Tax Identification Number: City of Baldwin Park License Number: (Baldwin Park business license will be required of the successful Proposer) Tripepi Smith & Associates, Inc. PO Box 52152, Irvine, CA 92619 Ryder Todd Smith, Co-Founder & President Ryder@TripepiSmith.com (626) 536-2173 California Ryder Todd Smith, Co-Founder & President 73-1642614 Nicole D. Smith, Co-Founder & Chief Financial Officer City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 4 Cover Letter Thank you for the opportunity to present Tripepi Smith’s offerings in response to the City of Baldwin Park’s RFP for Communications and Social Media Services. This proposal outlines how our team of policy experts and creative professionals can broadly deliver communications for the City of Baldwin Park. This document also describes Tripepi Smith and our approach to the scope of work requested, as well as our cost proposal. Tripepi Smith is a team of 26 communications experts—robust enough to offer experienced and effective professionals for the job, yet small enough to be nimble and responsive. Tripepi Smith offers a spectrum of skills that allows us to match the appropriate resource to the task at hand, letting us execute faster and reduce engagement costs. These resources vary by both years of experience and core hard skills (graphic design versus videography versus writing versus social media, for example). The result: we have an ability to tell a complete story across mediums, all within our one team. Tripepi Smith is a force multiplier for the communication operations of cities across California. From City of Napa to Coronado and out to Indian Wells, Tripepi Smith is actively working with dozens of city governments and public agencies. We gain insights from the breadth of our work and share that knowledge with our city clients. No other firm has the client depth and diversity that Tripepi Smith offers. Another plus: Tripepi Smith is based primarily in Southern California, and all but three of our team members are within reasonable driving distance of Baldwin Park City Hall (reasonable by SoCal standards!). Authorization As Co-Founder and President of Tripepi Smith, I am qualified to enter into agreements with the City of Baldwin Park and to make the statements below on behalf of the firm. This proposal is valid for thirty (30) days from May 10, 2021. Regards, Ryder Todd Smith Co-Founder & Chief Executive Officer Tripepi Smith (626) 536-2173 • Ryder@TripepiSmith.com • FAX: (949) 679-8371 City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 5 SECTION 2: FIRM EXPERIENCE Projects of Similar Scope Tripepi Smith is currently actively engaged with several local government agencies throughout Southern California. The following are just three sample engagements that align with the services and scope the City has requested in their RFP. Names in bold are those anticipated to work on this engagement. 1. The City of Culver City has been one of Tripepi Smith’s largest and most expansive engagements. Our primary delivery has been focused on social media management: in this hip, active, upscale Westside city, that has meant posting to social media three to five times per day and vigilantly monitoring public responses and community discussion forums. We provide a monthly detailed metrics report to the client on the overall outreach numbers for the City to ensure clarity on both the quality of content and the overall distribution of that content to members of the community. Additional work has entailed press release and news article writing, webpage development, editorial calendar creation and maintenance, media relations, strategic messaging, graphic design of the parks and recreation brochure, video production, revenue measure outreach and education regarding officer involved incidents related to body camera footage. Project Team: Director Jon Barilone, Business Analyst Saara Lampwalla, Junior Business Analysts Alexandra Applegate and Kaetlyn Hernandez Date Completed: Ongoing Total Project Cost: $69,000 per year currently 2. Tripepi Smith has been engaged with the City of La Cañada Flintridge (LCF) for more than five years as their contract PIO service. LCF is a small contract city with less than 30 full-time staff. They contract for an array of services, such as public safety, engineering and inspection services. LCF conducts weekly phone calls with Tripepi Smith to plan communications regarding upcoming community issues and for social media posts. Tripepi Smith monitors community Facebook groups to identify emerging issues early on. A core deliverable of our engagement is a quarterly newsletter that is mailed to every household in the city. The LCF Vista is a three-panel, 8.5” x 11” format newsletter that the City completely relies upon Tripepi Smith to produce. Tripepi Smith plans the editorial calendar with senior leadership, interviews subject matter experts to write the stories, designs all layout and custom graphics, and lastly, manages the printing and mail house process to ensure timely delivery to residents. This print newsletter is one of the primary drivers for community education and outreach. In late 2019, LCF selected Tripepi Smith as its website developer of choice through an RFP process. Our team executed and launched a new WordPress website for the City. LCF has also called on Tripepi Smith for additional graphic design, custom stock photography, video production and video livestreaming to social media. City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 6 Project Team: Senior Business Analyst Cameron Grimm, Senior Business Analyst Melanie James, Senior Graphic Artist Kjerstin Wingert, Business Analyst Karen Villaseñor, Business Analyst Skylar Hunter, Junior Business Analyst Molly Lockwood Date Completed: Ongoing retainer; website redo (December 2019) Total Project Cost: $61,260 per year currently; $22,550 for website build/redesign and hosting 3. In the City of Duarte, Tripepi Smith works with the city manager’s office in a broad and consistent engagement to advance communications and augment the work of staff. The baseline engagement includes writing press releases and articles, updating the City website, managing social media, redesigning and creating the quarterly City News newsletter, developing a style guide, hosting quarterly strategy meetings with department heads, delivering monthly metric reports, advising staff on the City’s upcoming website redesign and auditing City communications in an express assessment report. Duarte previously engaged Tripepi Smith for its first communications assessment as well as for videography, photography, drone, graphic design and email marketing services. Project Team: Director Jon Barilone, Senior Graphic Artist Kjerstin Wingert, Business Analyst Saara Lampwalla, Junior Business Analyst Clare Burgess, Junior Business Analyst Danielle Rodriguez Date Completed: Ongoing Total Project Cost: $115,860 per year; $2,250 for newsletter redesign, $7,250 for style guide; $5,250 for express communications assessment As a City, we are committed to transparency and public engagement with residents and businesses in Duarte. We also recognize that in our modern world, communications are complex and span platforms. Hiring a firm with expertise was a move that could both save money for the City and offer a full array of talents that no single person could reasonably possess. We found a firm that could supplement staff efforts and unify City messaging, so our communications are as helpful as possible. Daniel Jordan City Manager City of Duarte City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 7 Additional Firm Background and Experience Tripepi Smith excels at public affairs. We work in a complex environment where successful communications go hand-in-hand with marketing and technical expertise. As a full-service public affairs and creative services firm, Tripepi Smith delivers strategy, outreach and design tailored for local government, public agencies, nonprofits and private companies—each strongly represented in our client list. At Tripepi Smith, experienced Directors and Analysts drive strategy and implement messaging. Eight full-time creative professionals generate compelling branding, websites, design, social media, photography and video. The collaboration between Creative Services and Analysts keeps communications engaging and on-message, and a diversity of skillsets and expertise allows Tripepi Smith to offer clients exactly the level of service they need. Grounded in civic affairs: Co-founder and CFO Nicole Smith is a 2nd-generation civic affairs professional (her father was a city manager for 28 years). Meanwhile, co-founder and president of Tripepi Smith, Ryder Todd Smith, brings over a decade of public agency marketing and communications experience to the table. Legal Structure and Financial Matters Tripepi Smith is a California S Corporation. Ownership is equally split between Co-Founders Nicole D. Smith and Ryder Todd Smith. Tripepi Smith has been incorporated since 2002 and has generated a profit every year it has been in operation. We have never had a legal claim filed against us and have never failed to fulfill a contract commitment. City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 8 Our Services Strategy, Marketing, Communications Strategic development, research, surveys, messaging Social media management Web and social media strategy, optimization (SEO), metrics Web hosting and support Email campaigns Relations (media, stakeholders, public, government) Support and training for events, presentations and virtual gatherings Google AdWords, LinkedIn and Facebook advertising Creative Services Full-service graphic design for digital, print and outdoor Brand and logo development Content generation, writing and editorial Output services (digital distribution, print management, mail management) Photography, illustration and information graphics Video and animation Web design and implementation City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 9 Client Roster Tripepi Smith has been selected to work with over 60 local government agencies to help with their communications. We can provide you with contacts at any of these clients and are confident you will find them to be quite happy with our services. City or city-related clients we are actively supporting are bolded. California City Management Foundation City of Aliso Viejo City of American Canyon City of Azusa City of Bellflower City of Claremont City of Coronado (City of) Culver City City of Cupertino (City of) Daly City City of Danville City of Duarte City of El Cerrito City of Fountain Valley City of Fullerton City of Grover Beach City of Hawaiian Gardens City of Huntington Beach City of Indian Wells City of Industry City of Irvine City of La Cañada Flintridge City of La Palma City of La Puente City of La Verne City of Lake Forest City of Laguna Hills City of Laguna Niguel City of Lancaster City of Livermore City of Lomita City of Lynwood City of Manhattan Beach City of Manteca City of Martinez City of Millbrae City of Morgan Hill City of Murrieta City of Napa City of Norwalk City of Orange City of Palm Desert City of Palmdale City of Paramount City of Pismo Beach City of Placentia City of Pomona City of Rancho Palos Verdes City of Rancho Mirage City of Riverbank City of Rolling Hills Estates City of Santa Ana City of Santa Clarita City of Santa Cruz City of Santa Paula City of Saratoga City of Stanton City of South Gate City of Tracy City of Vallejo City of Vista City of Walnut (City of) Yuba City Town of Windsor Association of Government Risk Pools California Contract Cities Association CalChoice Energy CCA California Joint Powers Insurance Authority Citrus Heights Water District Claremont McKenna College Costa Mesa Sanitary District El Toro Water District Independent Cities Association Independent Cities Finance Authority Inland Empire Utilities Agency Institute for Local Government League of California Cities Municipal Management Association of Northern California Municipal Management Association of Southern California Orange County City Manager Association Orange County Sanitation District Palmdale Water District Rowland Water District San Gabriel Valley City Managers’ Association Bellflower-Somerset Mutual Water Company South Orange County Wastewater Authority City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 CREATIVE SERVICES • Communication • Web • Social Media • Photography • Video • Design 10 Local Government Affiliation and Support Tripepi Smith is firmly committed to the local government work and actively supports the local government association and professional staff who make cities work. Our sponsorship and affiliation with professional industry groups includes: California City Management Foundation California Association of Public Information Officials League of California Cities California Contract Cities Association Independent Cities Association Orange County City Manager Association Cal-ICMA San Gabriel Valley City Managers’ Association Municipal Management Association of Northern California Municipal Management Association of Southern California Institute for Local Government University of Southern California City/County Management Fellowship City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 11 SECTION 3: PROJECT TEAM Proposed Team It is anticipated that Saara Lampwalla, Business Analyst at Tripepi Smith, will be the project lead. Saara will handle logistics, coordination, project management, presentations as well as act as communications assessment support and video production lead. Tripepi Smith Principal Ryder Todd Smith will make leadership presentations, facilitate requested community discussions and collaborate with senior staff in ideation and brainstorming when needed. Junior Business Analysts Clare Burgess and Kaetlyn Hernandez will provide agenda management, editorial calendar maintenance, social media coordination, writing support, metric dashboard creation and other duties as assigned. Jon Barilone, Director, will lead an audit of the City’s communication tools and processes. Art Director Kevin Bostwick will provide creative direction on print and digital materials. Execution of design and print will be handled by Kjerstin Wingert, Senior Graphic Artist. Senior Business Analyst Bria Balliet will be available for photography services as well as project management support as needed. Junior Business Analyst Jerald La Madrid will act as video production support. Ryder Todd Smith Jon Barilone Kevin Bostwick Kjerstin Wingert Bria Balliet Saara Lampwalla Tripepi Smith has consistently delivered high-quality writing, impressive visuals and constructive insights that benefit our residents. Indian Wells wants to ensure we communicate with both residents and businesses, and Tripepi Smith has helped improve and heighten our outreach and engagement efforts for each of those groups. Chris Freeland City Manager City of Indian Wells City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 12 Clare Burgess Kaetlyn Hernandez Jerald La Madrid Team Details (See the Resume appendix for full professional experience, education and degrees) Team Member Role Description Ryder Todd Smith Principal Role: Strategy Based in Tustin, CA Ryder has a mixed background in the worlds of government relations, technology and marketing. He served as the SVP of Operations and Chief Information Officer for a software-as-a-service startup in the financial services sector. Prior to that, he was the technology manager for a regional staffing firm. Ryder leads Tripepi Smith and is the ultimate project owner on all work handled by the firm. He is the creator of the City Internet Strategies Study, publisher of the Civic Business Journal, publisher of PublicCEO and a frequent speaker on the local government circuit. His insights have been published in Western City and PM magazines. He volunteers his time as vice chair of the Rose Institute of State and Local Government Board of Governors and previously served as a Planning Commission for the City of Tustin. Ryder graduated from Claremont McKenna College with a Bachelor of Arts in Philosophy, Politics, Economics and a dual degree in Economics. Jon Barilone Director Role: Communications Assessment Lead Based in Aliso Viejo, CA Jon has a wide-ranging knowledge and skill set from years of Internet marketing and marketing communications work in a variety of industries. Jon’s professional background includes search engine optimization and advertising, website content management, content writing and editing, product marketing management, and significant experience with social media marketing and community management. His clients include the California City Management Foundation, City of Culver City, City of Hawaiian Gardens, City of Manteca, City of Napa, and Civiltec Engineering. Jon graduated from Claremont McKenna College with a Bachelor of Arts in Literature. Jon is certified in Hootsuite’s Social Marketing, Twitter’s Flight School and Flight School Video, Siteimprove’s Digital Governance by Design, as well as Google’s Ads Video, YouTube and Google My Business. City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 13 Kevin Bostwick Art Director Role: Design Lead Based in Claremont, CA Kevin’s prior work generating branding and media makes him the ideal lead designing communication for organizations and initiatives. As an experienced Art Director and creative manager, he delivers powerful ideas visually. Kevin’s client work includes Claremont McKenna College, City of Aliso Viejo, City of Cupertino, Pivot Charter Schools, City of Napa, California Joint Powers Insurance Authority and Renne Public Law Group. Kjerstin Wingert Senior Graphic Artist Role: Design Support Based in Long Beach, CA Kjerstin is a skilled graphic artist with formal graphic arts education from Golden West College in Huntington Beach. She has advanced knowledge of various creative platforms including Adobe Illustrator, Adobe Photoshop and Adobe InDesign. Kjerstin has experience leading an array of creative projects, including layout, graphic design, illustration and creative concept development. Her clients include City of La Cañada Flintridge, Inland Empire Utilities Agency, City of Culver City, City of Walnut, City of Cupertino, City of Saratoga, City of Livermore and the California Joint Powers Insurance Authority. Bria Balliet Role: Photography, Project Management Support Based in Laguna Beach, CA Bria Balliet is a Senior Business Analyst with Tripepi Smith. She is an alumna of UC San Diego, where she earned her Bachelor of Arts in Communication and honed her writing skills as an editor for several on-campus publications. After earning her B.A., she worked for a boutique publishing firm in Orange County that specializes in creating custom magazines for cities, private communities, and the hospitality industry. In her most recent role, Bria created multimedia content for a major university including writing feature stories for the web and print, creating social media posts, designing school-wide print newsletters, and completing portrait and event photography. Her client work includes: City of Napa, City of Martinez, Silver & Wright LLP, Center for Public Safety Management, City of Hawaiian Gardens and City of Lake Forest. City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 14 Saara Lampwalla Business Analyst Role: Strategy and Quality Assurance, Video Production Lead, Communications Assessment Support, Account Lead Based in Long Beach, CA Saara joined Tripepi Smith as a junior business analyst in 2017. She filled the role of Tripepi Smith marketing manager for more than 3 years, reviving our monthly newsletter, helping to produce the “Meet Tripepi Smith” video series, planning special events and more. By 2019, Saara was promoted to business analyst, having served Tripepi Smith VIPs in both the private and public sectors and supporting Tripepi Smith subsidiaries, including PublicCEO and Civic Business Journal. Saara graduated from California State Polytechnic University, Pomona with a Bachelor of Science in Communication (emphasis in Public Relations) and minors in journalism, marketing management and philosophy. Saara is a certified Constant Contact Solutions Provider, Hootsuite Social Marketing Professional and Hubspot Inbound Marketing Professional. She also holds a certification in Google Analytics and has completed the University of California, Irvine Public Policy Making Academy II. Clare Burgess Jr. Business Analyst Role: Client Support Based in Los Angeles, CA Clare is a recent graduate from Claremont McKenna College and has already demonstrated impressive ability for public policy. She brings her fresh perspective to communications, digital campaigns and e- news. Clare also provides project management and account support for clients and excels at social media management and digital platforms. Her client work includes City of Duarte, City of La Verne, City of Santa Paula, City of Hawaiian Gardens and the San Gabriel Valley City Managers’ Association. City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 15 Kaetlyn Hernandez Jr. Business Analyst Role: Client Support Based in La Mirada, CA Kaetlyn brings an inventive and supportive spirit to the Tripepi Smith team with a background in several industries, such as public affairs, entertainment and non-profit. She recently graduated from California State University, Fullerton (CSUF) with a Bachelor of Fine Arts degree in Entertainment Arts with a minor in Public Relations. She developed her skills in leadership, event planning and marketing in her time at CSUF with on- campus experience in student government and several other clubs, and with off-campus internships with the Alzheimer’s Association and NBCUniversal. Her client work includes: City of Culver City, City of Indian Wells, Costa Mesa Sanitary District, Pivot Charter School, and Claremont McKenna College’s Rose Institute. Kaetlyn is a certified Hootsuite Social Marketing Professional, certified Constant Contact Partner and has completed the following Udemy courses: ‘Ninja Writing: The Four Levels of Writing Mastery‘ and ‘Writing with Flair: How to Become an Exceptional Writer.’ Jerald La Madrid Jr. Business Analyst Role: Client Support Based in Corona, CA Jerald is a dynamic professional with experience in public administration, video production and economics. After receiving his bachelor’s degree in economics from the University of California, Irvine, Jerald began his career at the City of Lake Forest where he produced videos, wrote newsletters and managed social media to highlight the business community. He also streamlined the administrative process of residential permit parking at the City of Anaheim. Jerald recently completed his master’s degree in public administration at California University, Fullerton. As a junior business analyst at Tripepi Smith, Jerald’s clients include the City of Bellflower, City of Fullerton and the City of Huntington Beach. Jerald is a certified Hootsuite Social Marketing Professional. Resumes for this team who would be assigned to the Baldwin Park engagement at included as Appendix A in the back of this response. Of course, Tripepi Smith is a collaborative firm, with many available skillsets, with each available as needed. Our team of 26 professionals are shown below. City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 16 Tripepi Smith Complete Personnel Graphic Design Services Creative Management Experience Ryder Todd Smith Co-founder President Nicole Smith Co-founder CFO Katherine Griffiths Director Michael Egan Director Jon Barilone Director Kevin Bostwick Art Director Emily Mason Senior Business Analyst Cameron Grimm Videographer Sr. Business Analyst Bria Balliet Graphic Designer Sr. Business Analyst Skylar Hunter Videographer Business Analyst Melanie James Sr. Graphic Designer Sr. Business Analyst Kjerstin Wingert Sr. Graphic Designer Sara Madsen Jr. Designer Business Analyst Alexandra Applegate Junior Business Analyst Allison Torres Junior Business Analyst Anne Jang Junior Business Analyst Saara Lampwalla Business Analyst Karen Villaseñor Business Analyst Clare Burgess Junior Business Analyst Molly Lockwood Junior Business Analyst Jennifer Nentwig Director Kaetlyn Hernandez Junior Business Analyst Danielle Rodriguez Junior Business Analyst Robert Jordan Junior Business Analyst Jerald La Madrid Junior Business Analyst City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 17 Additionally, sometimes for video work, printing, niche website development needs or mailing we may use subcontractors. These are often determined at the time of the need, so it is difficult to predict who that will be. However, here is a list of potential firms or people we routinely subcontract with: InfoSend – Print and Mail House Services EMP Media – Video Production Support and Event A/V DLS Printer Services – High-end Printing for Collateral Emily Baker – Voiceover Work Satyen Aghor – Website Development in WordPress City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 18 SECTION 4: SAMPLES OF WORK The following examples highlight work that speaks to the scope of work as outlined in your Communication and Social Media Services RFP. Larger RFP samples available online: www.TripepiSmith.com/Baldwin-Park-RFP We encourage you to see all the work we have done for clients through our online portfolio at https://www.tripepismith.com/work City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 19 SECTION 5: COST PROPOSAL The City’s RFP has requested a wide range of services and potential add-on services. Per guidance from the RFP, Tripepi Smith is providing our hourly rates (both standard and discounted retainer) and fixed prices for all of the services requested. Should the City determine Tripepi Smith is the most qualified and responsive vendor, but has a budget number that must be hit, then Tripepi Smith remains open to collaborating with City Staff to narrow the scope engagement or refine our understanding of the scope needs and will modify our pricing accordingly. Estimated Cost of Retainer Engagement Deliverable Quantity/Notes Project Management Leverages Business Analyst and Junior Business Analyst Bi-Weekly Check-in Call Max. of 45 minutes per call Max. of 2 calls per month Social Media & Media Monitoring Leverages Junior Business Analyst with occasional support from Business Analyst Monitor local community-run social media and local/regional media publications Max. of 2 hours per week Content Production Leverages Junior Business Analyst with review support from Business Analyst Produce News Articles and/or Media Releases Up to 2 a month Up to 500 words each May rely on staff for subject matter expertise Metric & Analytics Reporting Leverages Junior Business Analyst with review support from Business Analyst Produce regular report on key performance metrics for external communication channels: social media, email, media mentions, etc. 1 report per month (PDF file) Strategic Communications Planning Leverages Principal, Business Analyst, Junior Business Analyst Quarterly meeting with Dept. heads to plan next year of communication opportunities 1 meeting every 3 months Max. of 2 hours per meeting Keeping centralized “Content Calendar” updated throughout the year for staff’s reference Via Google Sheets TOTAL MONTHLY COST $4,425 City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 20 Estimated Cost of Fixed Deliverable Communications Assessment Tripepi Smith offers three approaches for public agencies seeking to understand their existing outreach processes and tools before charting a new path forward. The research that goes into each of these reports and the depth of the interview process varies. This chart provides a comparison of the three options. Full Communications Assessment Express Communications Assessment Platform Review Fixed Cost $46,565 $18,200 $7,750 TS Resources Principal, Director, Business Analyst, Junior Business Analyst Director, Business Analyst, Junior Business Analyst Director, Business Analyst, Junior Business Analyst Interviews with City Staff 12 8 3 Interviews with City Council 5 0 0 Interviews with Key Members of the Public 5 0 0 Department Communications Documentation Details Org. Communications Process Summary Website Platform Review Social Media Platforms Reviews Key Observations Recommendations and Tactical Execution Steps Presentation to Senior Staff Brand and Identity Evaluation Presentation to City Council Executive Summary Report Version Report Length 50 Pages 15 Pages 5 Pages Project Timeline 5 Months 2 Months 1 Month Based upon the City’s requested scope, the Platform Review appears to be likely applicable scope of work. Please note that Tripepi Smith is flexible on the make-up of this scope of work and is open to further scope customization upon the City’s consideration. Adjusting the scope listed above could affect pricing. Additionally, we anticipate this project happening via video conference call and interviews as the pandemic situation remains uncertain. An option to include an onsite interview process and attendance in-person at a City Council meeting is also provided. City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 21 Tripepi Smith understands that the City may desire sequential implementation of the requested scope for services with the Communications Assessment work being done before the retainer engagement. Indeed, findings and recommendations uncovered during the Assessment process may impact the City’s desired scope for the retainer engagement. As such, we recommend putting payments for the proposed retainer toward the Assessment portion of the engagement until the Assessment is finished. Alternatively, the City also has the option of a payment schedule with three milestones: 30% at kickoff, 30% upon draft delivery and 40% upon final acceptance of the report. Full Communications Assessment Express Communications Assessment Platform Review Total $46,565 $18,200 $7,750 Kickoff (30%) $13,970 $5,460 $2,325 Draft Delivery (30%) $13,970 $5,460 $2,325 Final Acceptance of Report (40%) $18,625 $7,280 $3,100 Time and Materials Services and Direct Costs Time and Materials Work Sometimes, the nature of the work we do cannot be included in a retainer and is best handled on a project price basis or a time & materials basis if sufficient details are not available to fix price a solution. In these cases, Tripepi Smith will use the following information and rates to price this additional work with the City. In certain instances where insufficient details are available to confidently estimate a project price or confirm a not-to-exceed amount, we can offer a discount of thirty percent (30%) on any time over the estimate to mitigate cost and time overruns due to scope creep. Tripepi Smith can provide regular updates on the budget use and how it is being spent, depending on the nature of the engagement or project. Billing Time at Tripepi Smith is billed in 15-minute increments – i.e. we invoice our time in the following examples: 1.25, 0.75, 4.0 or 6.5 hours. Annual Increase Tripepi Smith will increase the hourly rates and retainer fees for all resources by five percent (5%) or the regional CPI index–whichever is higher-each year on the anniversary of the contract, starting in the calendar year 2022. City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 22 Retainer Discount When client monthly retainers exceed six-thousand-five-hundred dollars ($6,500) a month, have access to our reduced Hourly – Retainer rates noted below. Otherwise, any ad hoc work done outside the scope of the Retainer would be at the Hourly – Standard rates. Title Resource Hourly - Standard Hourly - Retainer Principal $285.00 $245.00 Director $200.00 $175.00 Art Director $200.00 $175.00 Senior Business Analyst $160.00 $140.00 Business Analyst $110.00 $100.00 Junior Business Analyst $85.00 $75.00 Senior Videographer/Animator $160.00 $145.00 Photographer/Videographer $110.00 $100.00 Senior Graphic Designer $145.00 $130.00 Graphic Designer $110.00 $100.00 Web Developer $160.00 $140.00 Drone Operator $160.00 $145.00 Other Costs Because Tripepi Smith offers a broad set of services, including extensive content production, we have some other content production-related fees that may come up during our engagement that we want to tell you about. Travel Costs Travel costs must be pre-authorized and then will be reimbursed by the City for any requested travel. Travel costs to be covered are for airfare, lodging and car rental. If Tripepi Smith is requested to be onsite, we will invoice for travel time at half rate of the resource’s Standard Hourly Rate. However, if the resource is onsite for at least six (6) hours of billable time in a day, we will not invoice for travel time. City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 23 Equipment Fees Tripepi Smith offers some services that require equipment, such as drone operations and video production. As such, in those cases, the following rates apply: Title Half Day Full Day Video Equipment $350 $550 Drone Equipment N/A $500 • Five-hundred-fifty dollars ($550) for a full day of video equipment use (includes full set of video equipment). Full day is defined as a shoot lasting four (4) or more hours. • Three-hundred-fifty dollars ($350) for a half day of video equipment use. Half day is defined as anything under four (4) hours of video production. All such expenses will be authorized by the City prior to fee being assessed. • Five-hundred dollars ($500) per day drone fee applies and is not inclusive of the drone operator time (Drone Operator rate). Service Fees Title Client Pays Directly Client Reimburses TS Print costs, digital advertising, media placement, voiceover/captions No Fees 10% Typically, Tripepi Smith prefers to have service providers bill the client directly to avoid additional administrative costs and because we have no economic interest in the service provider selection. If Tripepi Smith is asked to pay the bill for the client, we will apply a ten percent (10%) agency fee to the reimbursement expense. Typical services include, but are not limited to: Print Costs: Tripepi Smith is happy to use a printer of the client’s choosing for print production work, or to recommend a printer with whom we have experience. Digital Advertising: Tripepi Smith is a Google Partner and Constant Contact Solution Provider and has Facebook Certified staff. We consider digital platforms to be a cornerstone element of any outreach strategy; often this comes with digital advertising fees. Media Placement: Tripepi Smith can help liaise on behalf of the City for advertising space within various mediums, such as newspapers, magazine or websites. Voiceover, Translation and Closed Caption Fees: Tripepi Smith occasionally uses third-party resources to record voiceovers for videos, generate closed captions for videos, and for non-English language translations. City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 24 Tripepi Smith Partnership Discounts Tripepi Smith has financial interest in certain related entities. These partnerships allow Tripepi Smith to offer clients extra media reach or additional services at partner pricing. Partnerships include: PublicCEO – digital news about public affairs, reaching over 10,000 California government executives https://www.publicceo.com Civic Business Journal – digital interest stories about the people in local government https://www.civicbusinessjournal.com FlashVote – planning, implementing, measuring civic surveys https://www.flashvote.com TS Talent Solutions – talent search services for local government and related agencies https://tstalentsolutions.com Pricing Estimates for Other Communication Support The City has noted a need for supplemental communications support that can span several areas of work and is outside the fixed scope of work requested in the RFP. The simplest way to price this is on an ad hoc basis where the City calls upon Tripepi Smith as needed to execute work. With our ad hoc approach, if we are on retainer at a minimum of six-thousand-five-hundred dollars ($6,500) per month, then we will use our discounted Retainer Rates. The following estimates are based upon the assumption we are on retainer with the City for at least $6,500 a month. Quarterly Photoshoot Assumes a six-hour event, with one-hour pre-planning, travel time, post-shoot photo editing, delivery to client photo portal. This includes all equipment fees – except drone work – and uses a Senior Graphic Artist / Photographer to complete the work. Our expected talent for this work is Bria Balliet. $880 / shoot Video Production Assuming that Tripepi Smith handles all work and the video involves scripting, use of teleprompter, full camera setup, a single day of production shooting, b-roll shooting on same day, pre-planning, post- production video editing, music licensing, voice over, transcription and upload to appropriate channels. $3,940 / video City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 25 Graphics Tripepi Smith uses Canva extensively for basic social media graphics and therefore can use our Junior Business Analyst resources for that work. Where more extensive design is requires, Tripepi Smith has an Art Director, Senior Graphic Artists and Graphic Artists. In our experience, these costs can vary widely based on iteration count, number of pages of content to layout or desired number of logo options or extent of a particular branding process. In all cases, we assume written content is being provided; this estimate is for design costs only. Estimated Cost of On-Demand Graphic Design Deliverable Quantity/Notes On-Demand Graphic Design Leverages Senior Graphic Artist 10 hours per month TOTAL MONTHLY COST $1,600 Given all these factors, here are some guidelines: Print/Digital Short Format Quarterly Newsletter - $850 Print/Digital Banner - $725 Print/Digital Flyer - $950 Website Development and Fees Tripepi Smith has built websites for cities and other public agencies and can discuss our role as either and RFP advisor or bidder with the City for a website project. As a point of reference, our costs to build a website for a City are about twenty-two-thousand-five-hundred dollars ($22,500) with an optional monthly unlimited support fee of $375. Hosting fees are $580 a year, which includes $200 for SSL certification. Domain names fees are $30 a year per domain name and hosted on our premium Amazon Web Services DNS account. City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 26 APPENDIX A: RESUMES RYDER TODD SMITH TRIPEPI SMITH – PRESIDENT 11/00 – PRESENT ● Provide communications advice, strategy and execution services to a range of small to mid-sized public and private sector clients spanning local government, real estate, finance, technology and healthcare verticals MAVENT INC – SENIOR VICE PRESIDENT, OPERATIONS 5/05 – 11/09 ● Responsible for quality assurance, technology operations and internal infrastructure organizations ● Built team of technology professionals to manage multi-site production environment at co-location facilities. ● Managed vendor relationships and reviewed all invoices ● Brought focus to key areas, including: system documentation, knowledge sharing with other employees, schedule management for finite resources and enhanced security ● Developed and managed the departmental budgets for three groups MAVENT INC – VICE PRESIDENT, MARKETING 08/04 – 05/05 ● Managed the Company’s outside PR firm relationship, creative firm relationship, corporate website, ad campaigns, conference schedule, conference logistics and internal employee communications ● Developed and managed the marketing budget MAVENT INC – VICE PRESIDENT, GOVERNMENT RELATIONS 02/03 – 08/04 ● Monitored nationwide political activities that were pertinent to Mavent’s interests ● Developed relationships with third-party interest groups that impacted the Company’s product ● Participated in industry conferences and represented the Company at industry events OLYMPIC STAFFING SERVICES – INFORMATION TECHNOLOGY MANAGER 01/98 – 11/00 ● Managed and controlled all aspects of the technology environment at this five-location, 35- employee company NORTHROP GRUMMAN CORPORATION – GOV’T REPRESENTATIVE 07/97 – 12/97 ● Worked directly with the Director of State and Local Government Relations to research issues of concern to Northrop Grumman ● Developed agendas to target upcoming legislative issues ● Assisted in lobbying work and development of testimony EDUCATION CLAREMONT MCKENNA COLLEGE – CLAREMONT, CA ● Bachelor of Arts in Politics – Philosophy – Economics with Dual in Economics o Cum Laude Honors City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 27 JON BARILONE TRIPEPI SMITH – DIRECTOR 03/15 – PRESENT ● Provide key account project management, strategy and support for communication and marketing initiatives ● Develop content, direct staff and manage timely deliverables to ensure results for clients ● Mentor talent and provide innovative leadership on new marketing efforts and platforms CONNECTED LEARNING ALLIANCE – COMMUNITY MANAGER 09/11 – 03/15 ● Lead development and reporting of metrics for measuring growth of a distributed, international community ● Oversaw all aspects (programming, production, etc.) of webinar series that reached over 135 countries CORINTHIAN COLLEGES – SOCIAL MEDIA SPECIALIST 07/09 – 09/11 ● Grew and managed online communities that spanned three brands with over 30,000+ total members ● Developed brand sentiment scoring system to produce customized monthly reports for executives SEOP, INC. – DIRECTOR OF ONLINE REPUTATION MANAGEMENT 04/08 – 05/09 ● Spearheaded brand-new company service, turning it into a $200,000+ business within one year ● Improved client retention rates & decreased client attrition rates by enhancing company's own digital footprint EDUCATION CLAREMONT MCKENNA COLLEGE – CLAREMONT, CA ● Bachelor of Arts in English/Literature PROFESSIONAL DEVELOPMENT ● CAPIO “Social Media Academy for Government Communicators” Workshop 03/19 ● Nextdoor for Public Agency Administrators Training 11/18 ● CAPIO “Back to Basics – for PIOs by PIOs” Workshop 10/16 ● UCI Extension Public Policy Making Academy II 05/16 ● USC Executive Education Forum for Policy and Administration 11/15 CERTIFICATIONS ● Siteimprove Academy: Digital Governance by Design 10/20 ● Google Ads Video 04/20 ● Twitter Flight School Video 04/20 ● UDEMY: The 2019 Complete SEO Course 08/19 ● Google Academy for Ads: YouTube & Google My Business 04/19 ● Twitter Flight School 05/18 ● Hootsuite Social Marketing 03/16 City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 28 KEVIN BOSTWICK TRIPEPI SMITH – ART DIRECTOR 10/19 – PRESENT ● Consult, design, and execute on premium design projects. Assist team of junior to senior graphic artists by providing inspiration, creative direction and workflow management ● Manage client accounts and creative presentation, encourage business development where the focus is design ● Ensure quality assurance, brand consistency and overall visual quality. Establish high technical standards, manage internal and external creative resources and vendors, provided project management and consulting KB GRAPHIC STUDIO – PRINCIPAL 01/03 – 10/19 ● Content strategy and information design for both digital and print communications ● Data visualizations, interactive components, information models, and diagrams used for assessment, learning, marketing, and presentation ● Some projects: Canon, Walmart, Coca-Cola, HP, Google, PNC, Clarkson University, Goodwill KORN FERRY INTERNATIONAL – ART DIRECTOR 01/12 – 03/18 ● Design for talent acquisition, leadership training, performance and retention ● Development of internal brands and product lines, white-label offerings, and client brands ● Lead design process for stakeholders (product owners, SMEs, business strategists, etc.) ● Some internal clients: Futurestep, Hay Group, Lominger, Global Novations ● Some external clients: Chevron, Johnson & Johnson, 7 Habits, Cemex, Fonterra, Genentech MARRIOTT INTERNATIONAL – ART DIRECTOR 01/03 – 01/12 ● Graphic design for advertising, logos, presentations, brochures and magazines ● Data visualizations, interactive components, information models, and diagrams ● Some Marriott projects: JW Marriott, Marriott Resorts, Renaissance, Marriott Brand Family CLAREMONT MCKENNA COLLEGE – SENIOR GRAPHIC DESIGNER 08/11 – 06/12 ● Design and management of creative assets, vendor relations, pre-press. ● Some Claremont McKenna projects: admissions brochures, alumni magazine, logo development EDUCATION ● Bachelor of Arts in Philosophy/Literature – Reed College – Portland, OR SKILLS ● Strategy, development, blended media ● Wireframes, storyboards ● Data design and infographics ● Brand development ● User stories, UX, information architecture ● Implementation, engineering, production ● Adobe Creative Suite ● Microsoft Office ● Creative workflow and agile management City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 29 BRIA BALLIET TRIPEPI SMITH – SENIOR BUSINESS ANALYST/GRAPHIC ARTIST 04/18 – PRESENT ● Write content for clients including press releases, articles and thought leadership pieces ● Manage creative projects and execute graphic design ● Analyze policies and strategic implications of communications related to client goals ● Photography and post-production photo editing for events and journal publications UNIVERSITY OF CALIFORNIA, IRVINE – SENIOR WRITER 04/15 – 04/18 ● Wrote and edited short and feature-length stories for multiple web- and print-based outlets ● Assisted director of communications with editing speeches and letters to be delivered by school executives ● Implemented strategic marketing and communications efforts to advance the school based on current trends ● Designed and implemented social media content for targeted campaigns ● Assisted with digital marketing projects and website maintenance FIREBRAND MEDIA – EDITORIAL ASSISTANT 12/13 – 04/15 ● Wrote and edited editorial and advertorial content for multiple publications on strict deadlines ● Adapted to different writing styles and audiences based on publication and project goals ● Worked closely with PR and marketing teams to promote their clients while achieving company objectives ● Uploaded daily digital content with particular attention to SEO (WordPress and ExpressionEngine) ● Expanded social media efforts and presence of publications across Facebook, Twitter and Instagram EDUCATION ● Bachelor of Arts in Communications – University of California, San Diego – San Diego, CA PROFESSIONAL DEVELOPMENT ● USC Executive Education Forum for Policy and Administration 10/19 ● UCI Public Policy Making Academy I 03/19 CERTIFICATIONS ● Constant Contact Certified Solutions Provider 05/18 ● Hootsuite Social Marketing 05/18 SOFTWARE ● Adobe Illustrator ● Adobe InDesign ● Adobe Photoshop ● Adobe Lightroom ● Hootsuite ● Constant Contact ● WordPress ● Canva ● Microsoft Office City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 30 KJERSTIN WINGERT TRIPEPI SMITH – SENIOR GRAPHIC ARTIST 03/15 – PRESENT ● Lead graphic artist on layout, graphic design, illustrations and creative concepts ● Photography for events, professional portraits, journal publications and branded stock imagery KIRKWOOD EDUCATIONAL PROGRAM – GRAPHIC DESIGNER 05/13 – 02/15 ● Design and layout of educational materials ● Created animated educational videos that provide a fun and interactive learning experience ● Edited audio and video clips to convey clear and concise information FREELANCE GRAPHIC DESIGN 12/12 – 02/15 ● Design and layout of newsletters, flyers, websites and ads ● Creation of new and updated logo designs SAVINGS IN OC – GRAPHIC DESIGN INTERN 08/12 – 11/12 ● Created, updated, and maintained advertisements and promotions for existing clientele ● Proofread monthly publications for any spelling errors, misprints and distorted images EDUCATION ● Graphic Design Advanced Production Certificate – Golden West College – Huntington Beach, CA ● Bachelor of Arts in Business Administration, Marketing – Concordia University – Irvine, CA o Dean’s List Recipient ● Bachelor of Business Administration, Management – Ecole Supérieure Libre des Sciences Commerciales Appliquéesis – Paris, France o Graduated Magna Cum Laude PROFESSIONAL DEVELOPMENT ● UCI Public Policy Making Academy I 03/19 ● USC Executive Education Forum for Policy and Administration 03/17 CERTIFICATIONS ● Hootsuite Social Marketing 02/19 SOFTWARE ● Adobe Illustrator ● Adobe Photoshop ● Adobe InDesign ● Adobe Acrobat ● Adobe Lightroom ● Adobe Flash ● Adobe Premiere ● Microsoft Office City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 31 SAARA LAMPWALLA TRIPEPI SMITH – BUSINESS ANALYST 04/17 – PRESENT ● Formulate marketing and communications strategies and tactics based on client goals ● Produce newsletters, events, surveys, press releases, articles and thought leadership pieces ● Provide video production management and support SOUTH HILLS ACADEMY – MARKETING COMMUNICATIONS COORDINATOR 01/17 – 04/17 ● Developed and executed recruitment strategy via social media, collateral development and relationship management ● Collaborated on cross-cultural marketing initiatives for students in US, UAE, Canada and China SOUTHERN CALIFORNIA EDISON – PROFESSIONAL TRAINEE 07/15 – 06/16 ● Supported head of department with brainstorm, research, planning, implementation and evaluation projects ● Oversaw newsletter, accident reports, safety bulletins, safety alerts and communications from leaders reaching 8,000 people across SCE’s Transmission and Distribution organization EDUCATION ● Bachelor of Science in Communication, Emphasis in Public Relations and Minors in Marketing Management, Journalism and Philosophy– California State Polytechnic University, Pomona – Pomona, CA PROFESSIONAL DEVELOPMENT ● UCI Public Policy Making Academy II 03/20 ● CAPIO “Facebook and Instagram for Government” Workshop 12/19 ● League of California Cities Crisis Communications Workshop 05/17 CERTIFICATIONS ● Google Analytics 05/20 ● Federal Aviation Administration Remote Pilot Certificate 04/19 ● Constant Contact Certified Solutions Provider 06/18 ● Hubspot Inbound Marketing 08/18 ● Hootsuite University 04/17 ● Hootsuite Social Marketing 12/17 SOFTWARE ● Google Analytics ● Adobe InDesign ● Adobe Photoshop ● Adobe Premiere ● Constant Contact ● Hootsuite ● WordPress ● Microsoft Office ● Canva City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 32 CLARE BURGESS TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 06/20 – PRESENT ● Develop and distribute news releases, social media content and email marketing campaigns for public agencies and private sector clients ● Report and analyze digital marketing metrics THE SALVATORI CENTER– LEAD STUDENT MANAGER 07/17 – 05/20 ● Conducted research alongside distinguished professors regarding politics, law, and philosophy ● Managed a team of fourteen students on several research projects and oversaw the production of quarterly newsletters CLAREMONT JOURNAL OF LAW AND PUBLIC POLICY – STAFF WRITER 12/17 – 05/20 ● Wrote and collaborated on law and public policy related articles and papers with fifty other staff writers, published in three editions ● Participated in a symposium regarding immigration and global citizenship GOVERNOR BULLOCK’S OFFICE IN MONTANA – CONSTITUENT SERVICES & POLICY INTERN 06/19 – 08/19 ● Assisted constituents with difficulties regarding state government via phone; communicated with the appropriate executive agency to resolve their problem ● Responsible for writing recognition cards, mailing letters, and managing the Governor’s outgoing mail ONEJUSTICE – DEVELOPMENT & COMMUNICATIONS INTERN 06/18 – 08/18 ● Created a database for Congressional donors and interests based on extensive funding research of over 350 donors; managed and updated donor database containing over 30,000 donors ● Cultivated content for social media and blog using Hootsuite and WordPress EDUCATION ● Bachelor of Arts in Government, Concentration: Public Policy – Claremont McKenna College – Claremont, CA o Government Department Chair’s Award of Merit Recipient PROFESSIONAL DEVELOPMENT ● UCI Public Policy Making Academy I 03/21 CERTIFICATIONS ● Hootsuite Social Marketing 06/20 ● Constant Contact Solutions 06/20 ● Google Analytics 08/20 ● Google Ads 01/21 SOFTWARE ● Adobe Illustrator ● Hootsuite ● Google Analytics ● Canva ● Microsoft Office ● Google Ads ● Wordpress ● Constant Contact City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 33 KAETLYN HERNANDEZ TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 09/20 – PRESENT ● Conduct market research to provide client insights ● Manage social media and respond to public questions ● Write stories and press releases for the firm’s website and city clients ● Execute virtual conferences and manage online tools for event production NBCUNIVERSAL E! ENTERTAINMENT – CREATIVE MARKETING & PRODUCTION INTERN 01/20 – 05/20 ● Delivered promotional content to the creative production team and organized and logged ongoing footage ● Collaborated with graphic designers to provide art direction for promotional artwork development ● Researched the market, analyzed valuable partnerships and arranged visual presentations NBCUNIVERSAL HOME ENTERTAINMENT – DIGITAL MARKETING & SOCIAL MEDIA INTERN 09/19 – 12/19 ● Produced social media assets and video content that facilitated high follower engagement ● Tracked budgets and negotiated contracts to conduct influencer campaigns and press junkets ● Directed company-wide campaigns and design agencies to produce optimal social content ASSOCIATED STUDENTS, CSUF, INC. – CHIEF COMMUNICATIONS OFFICER 06/18 – 05/19 ● Supported the university’s Marketing and Design director by supervising design and video teams to process all social media efforts ● Executed projects, campaigns and events that provided resources to a campus of 40,000+ students ● Composed weekly scripts, production calendars and hosted/produced a podcast ALZHEIMER’S ASSOCIATION – PUBLIC RELATIONS INTERN 06/18 – 08/18 ● Organized social media calendars and campaign concepts ● Authored news articles, press releases and media alerts on behalf of the Orange County Chapter EDUCATION ● Bachelor of Fine Arts in Entertainment Arts, Minor in Public Relations – California State University, Fullerton – Fullerton, CA o Dean’s List Recipient & Cum Laude PROFESSIONAL DEVELOPMENT ● Writing with Flair: How to Become an Exceptional Writer Udemy Course 11/20 ● Ninja Writing: The Four Levels of Writing Mastery Udemy Course 12/20 ● Editing Mastery: How to Edit Writing to Perfection Udemy Course 03/21 CERTIFICATIONS ● Constant Contact Certified Solutions Provider 08/20 ● Hootsuite Social Marketing 09/20 SOFTWARE ● Adobe Premier Pro ● Adobe Photoshop ● WordPress ● Hootsuite ● Sprinklr ● Buffer ● Sprout Social ● Canva ● Microsoft Office City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 34 JERALD LA MADRID TRIPEPI SMITH – JUNIOR BUSINESS ANALYST 0/21 – PRESENT ● Facilitate city council meeting broadcasts for public access ● Monitor and manage social media accounts and respond to questions ● Write stories and press releases for firm’s website and city clients CITY OF ANAHEIM – ADMINISTRATIVE INTERN II 01/19 – 04/21 ● Tabulated, organized and analyzed residential permit parking survey results ● Assisted the City’s Traffic Engineer in preparing the budget for residential permit parking ● Developed a comprehensive resource guide to effectively track permit parking survey results CALIFORNIA STATE UNIVERSITY, FULLERTON – GRADUATE TEACHING ASSISTANT 08/20 – 01/21 ● Answered students’ questions on course material ● Produced weekly reports on students’ progress to the professor ● Evaluated, graded and offered feedback on student assignments CALIFORNIA STATE UNIVERSITY, FULLERTON – GRADUATE RESEARCH ASSISTANT 03/19 – 06/19 ● Gathered and summarized teleworking and telecommuting research articles ● Interviewed division leaders from the County of Orange Social Services Agency ● Reviewed and made recommendations to the principal investigator’s teleworking survey CITY OF LAKE FOREST – ECONOMIC DEVELOPMENT INTERN 09/16 – 01/19 ● Produced, filmed and edited spotlight videos for local businesses ● Wrote news stories for the City’s monthly e-Newsletter, website and social media ● Administered the business registration process and fulfilled public records requests EDUCATION ● Bachelor of Arts in Economics, Minor in Film and Media Studies – University of California, Irvine – Irvine, CA o Dean’s Honor List Recipient ● Master of Public Administration – California State University, Fullerton – Fullerton, CA o City Manager Fellowship Program CERTIFICATIONS ● Hootsuite Social Marketing 04/21 SOFTWARE ● Adobe Photoshop ● Adobe Premier Pro ● Powtoon ● Google Suite ● Microsoft Office ● WordPress ● Constant Contact ● Canva ● Hootsuite City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 35 APPENDIX B: STATEMENTS AND DISCLOSURES Insurance Insurance certificates will be provided prior to contract execution. Tripepi Smith routinely provides insurance certificates to prove we meet the contracting requirements of public agencies throughout California. We are willing and able to comply with the insurance requirements. Incorporation Founded in 2000 and incorporated in 2002 as a California S Corporation, Tripepi Smith is based in Orange County. FEIN: 73-1642614 Tripepi Smith states that: It can legally conduct business in the state of California and the City of Baldwin Park. It has not colluded in any fashion with other respondents which would restrict or eliminate competition. No employee or official of City of Baldwin Park has a material or monetary interest in this contract. It is not aware of any other actual or potential conflict of interest related to this proposal and the projects being implemented. Permits and Licenses Tripepi Smith and all employees or agents shall secure and maintain in force such licenses and permits, as are required by law, including a City of Baldwin Park business license. Tripepi Smith has already applied for and is in the process of updating its business license with the City. No Protectable Documents There are no protectable/confidential documents included in this proposal that Tripepi Smith believes should be exempt from disclosure under California’s Public Records Act, Government Code Section 6250, et seq. Business and Personal Relationships Tripepi Smith facilitates the San Gabriel Valley City Managers’ Association meetings, of which the Baldwin Park City Manager is currently serving as President. Additionally, Tripepi Smith produced a video about BPROUD—the City’s community choice aggregation program—in 2020 on behalf of longtime client CalChoice. Other than these items, Tripepi Smith has no other past or current business and personal relationships with any current City elected officials, appointed officials, City employees, or family members of any current City elected official, appointed official, or City employee. City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 36 Tripepi Smith states that: It can legally conduct business in the state of California and the City of Baldwin Park, California It has not colluded in any fashion with other respondents which would restrict or eliminate competition No employee or official of Baldwin Park has a material or monetary interest in this contract It is not aware of any other actual or potential conflict of interest related to this proposal and the projects being implemented. Conflict of Interest Disclosure and Ethics Tripepi Smith operates in a complex marketplace that is more political than most industries. As a result, conflicts of interest (real or perceived) can arise. The first and foremost obligation of Tripepi Smith is to outline all existing client relationships to prospects so as to let the prospect determine if a conflict exists. At this time, Tripepi Smith does not see any conflicts with our client work and the City of Baldwin Park. Click to read more about Tripepi Smith’s commitment to ethics City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 37 APPENDIX C: RFP SUBMITTAL CHECKLIST RF P SUBMITTAL CHECKLIST 1.SubmiƩal C hecklist 2.Vendor InformaƟon Form 3.Proposal 4.Acknowledge Insurance Requirements Bidder acknowledges the review of, and agreement to comply with the City’s insurance requirements. ______________________________ Authorized Signature 5.Acknowledge Workers’ CompensaƟon Insurance R equirements Bidder acknowledges the review of, and agreement to comply with the statutory Workers’ CompĞŶƐĂƟon insurance requirements. ______________________________ Authorized Signature 6.Acknowledge City Business License Requirement Bidder agrees to comply with the City’s business license requirement. ____________________________ Authorized Signature City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 38 APPENDIX D: REFERENCES Description City of Culver City Shelly Wolfberg Asst. to the City Manager 310.253.6008 shelly.wolfberg@culvercity.org 9770 Culver Blvd, Culver City, CA 90232 Communications Assessment, strategy and action items, social media management, social media and media monitoring, ongoing communications support, videography, monthly metrics reporting, photography, graphic design, bi-weekly client calls and crisis communications. Current Client City of La Verne Bob Russi City Manager 909.596.8726 brussi@cityoflaverne.org 3660 D St., La Verne, CA 91750 Weekly client calls, press releases, news articles, media and social media monitoring, social media management and quarterly content planning. Current Client City of La Cañada Flintridge Carl Alameda Assistant City Manager 818.790.8880 calameda@lcf.ca.gov One Civic Center Dr., La Cañada Flintridge, CA 91011 Communications assessment, and on-demand communications support. Community newsletter generation, media relations management, videography and strategic message development. Current Client City of Lomita Ryan Smoot City Manager 310.325.7110 r.smoot@lomitacity.com 24300 Narbonne Ave., Lomita, CA 90717 Water Department website development and support, overall city messaging on critical matters, ongoing advice on benzene detection on well, event management for water tours, media management, graphic design and animated explainer videos. Current Client City of Duarte Dan Jordan City Manager 626.590.4633 djordan@accessduarte.com 1600 Huntington Drive, Duarte, CA 91010 Tripepi Smith conducted a full communications assessment for the City of Duarte in 2014. After ad hoc video, photo and email outreach work over a few years, the City engaged Tripepi Smith in 2020 to refresh the 2014 communications assessment, create a style guide, consult in creating a new website and to redesign its quarterly newsletter. Additionally, the City entered a retainer agreement for social media services, writing news articles and press releases, updating the website, delivering monthly metrics reports, conducting weekly project management calls as well as quarterly strategy calls with leadership and to produce the quarterly newsletter. Current Client City of Baldwin Park / Communications and Social Media Services RFP / Version 2.0 39 City of Paramount John Moreno City Manager 562.220.2222 jmoreno@paramountcity.com 16400 Colorado Ave., Paramount, CA 90723 Tripepi Smith conducted a full Communications Assessment for the City of Paramount. We were subsequently engaged to address crisis communications related to hexavalent chromium matters. Since then we have been engaged on a range of community initiatives resulting in video production, graphic design, website development and social media advice. Most recently we have been tasked with the Water Department to address PFAS-related matters. Current Client ITEM NO. 9 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Maria Moreno, Operations Supervisor DATE: October 20, 2021 SUBJECT: Authorization to enter Into a Memorandum of Understanding between the City of Baldwin Park and San Gabriel Valley LGBTQ+ Center SUMMARY The purpose of this staff report is for City Council to consider authorization to enter into a Memorandum of Understanding (MOU) between the City of Baldwin Park and San Gabriel Valley LGBTQ+ Center. RECOMMENDATION Staff recommends that the City Council approve and authorize the Director of Recreation and Community Service to Execute the Memorandum of Understanding between the City of Baldwin Park and San Gabriel Valley LGBTQ+ Center. FISCAL IMPACT There is no fiscal impact to the City at this time; no compensation is required. BACKGROUND The City of Baldwin Park has a Teri G. Muse Family Service Center which is centralized facility for non- profit agencies. The Center offers on site services including; job placement, homeless prevention, after school reading program, parenting classes, health programs, mental and social services for individuals and families. The San Gabriel Valley (SGV) LGBTQ+ Center is a 501c (3) non-profit base organization inclusive for San Gabriel Valley; free from all forms of discrimination, which promotes community engagement grounded in fairness and equality for all. The organization promotes a future that is safe and inclusive for all people of all orientations and gender identities. The Center aims to foster advocacy, education, and respect for the livelihood of all LGBTQ+ individuals. This partnership will provide resources which encourage cultural diversity, healthy living, and full achievement of personal potential as LGBTQ+ individuals. With the SGV LGBTQ+ Center’s three values of embracing diversity, promoting empowerment and community collaboration the Teri G. Muse Family Center will serve as a bridge- building site for the San Gabriel Valley LGBTQ+ Community to meet the needs of this underserved population. City agrees to be committed to provide the following services and /or resources: ● Provide office space for administrative and programmatic services performed by the Center; and ● City staff will maintain strict confidentiality of all client information according to professional, Federal, State, and local government standards. Center agrees to provide the following services and/or resources: ● Provide low or no cost services pertaining or related to the LGBTQ+ Community; and ● Provide programs supporting the LGBTQ+ Community in collaboration with various organizations; and ● Provide low or no cost consultation services on LGBTQ+ matters. The term of the MOU is for one (1) year with an option to extend by written agreement between both parties. The MOU has a 30 day written termination option. ALTERNATIVES There alternative would to not sign the agreement. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. ATTACHMENTS 1. Memorandum of Understanding between City of Baldwin Park and San Gabriel Valley LGBTQ+ Center Memorandum of Understanding Between City of Baldwin Park and San Gabriel Valley LGBTQ+ Center This Memorandum of Understanding (this "MOU) is an agreement between the San Gabriel Valley LGBTQ+ Center (“Center”) and The City of Baldwin Park (“City”) in regards to the City's Teri G. Muse Family Service Center. The purpose of this MOU is to establish and maintain an effective working relationship between the parties and to develop the means of which City and the Center will coordinate to provide needed culturally competent services to individuals and their families within the community. City agrees to be committed to provide the following services and /or resources: ● Provide office space for administrative and programmatic services performed by the Center; and ● City staff will maintain strict confidentiality of all client information according to professional, Federal, State, and local government standards. The Center agrees to provide the following services and/or resources: ● Provide low or no cost services pertaining or related to the LGBTQ+ Community; and ● Provide programs supporting the LGBTQ+ Community in collaboration with various organizations; and ● Provide low or no cost consultation services on LGBTQ+ matters. San Gabriel Valley LGBTQ+ Center will maintain at least $1,000,000 aggregate General Liability Insurance with a reputable insurance provider and name City as additional insured on said policy. San Gabriel Valley LGBTQ+ Center will provide proof of insurance to City. This M.O.U will commence October 6, 2021 with options to renew. The Center and City can automatically renew this MOU on a year-to-year basis, by an amendment signed on behalf of both parties or either party may terminate this MOU with a 30-day written notice to the other party. City of Baldwin Park San Gabriel Valley LGBTQ+ Center Manuel Carrillo Jr. Camila Camaleón Director of Recreation & Community Services President Mcarrillo@baldwinpark.com Camila@sgvlgbtq.org 14403 E. Pacific Avenue 14305 Morgan Street Baldwin Park, CA 91706 Baldwin Park, CA 91706 The responsibilities are confirmed and authorized by the following signatures. (Signatures on Following Page) Signature Page For Memorandum of Understating Between City of Baldwin Park and San Gabriel Valley LGBTQ+ Center CITY OF BALDWIN PARK By: Manuel Carrillo Jr. Director of Recreation & Community Services Approved as to Form By: Robert Tafoya City Attorney SAN GABRIEL VALLEY LGBTQ+ CENTER By: Camila Camaleón President ITEM NO. 10 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Maria Moreno, Operations Supervisor DATE: October 20, 2021 SUBJECT: Authorization to Enter Into a Memorandum of Understanding Between City of Baldwin Park and Foothill Unity Center, Inc. SUMMARY The purpose of this staff report is for City Council to consider authorization to enter into a Memorandum of Understanding (MOU) between the City of Baldwin Park and Foothill Unity Center, Inc. RECOMMENDATION Staff recommends that the City Council approve and authorize the Director of Recreation and Community Service to Execute the Memorandum of Understanding between the City of Baldwin Park and Foothill Unity Center, Inc. FISCAL IMPACT There is no fiscal impact to the City at this time; no compensation is required. BACKGROUND The City of Baldwin Park has a Teri G. Muse Family Service Center which is centralized facility for non- profit agencies. The Center offers on site services including; job placement, homeless prevention, after school reading program, parenting classes, health programs, mental and social services for individuals and families. The Foothill Unity Center is a 501c(3) non-profit base organization in San Gabriel Valley. The multi-service agency, serves as the region’s primary provider of integrated services that help individuals and families move out of poverty to reach economic stability. Foothill Unity Center, Inc. provides access and opportunities, removing barriers for the low-income and working individuals, providing a safety net to the disadvantaged to prevent homelessness, and supporting the underserved homeless population by addressing their full spectrum of needs for the whole family. Foothill Unity Center, Inc. was founded in 1980 and is located in the City of Monrovia. Over the years the Center has become a major source of food, health services and crisis assistance for thousands of low-income families. Foothill Unity Center, Inc. will provide a case worker at the Teri G. Muse Family Service Center every Wednesday from 12:30pm-4:30pm to provide services to the community. In addition, the following services and programs will be offer or operated throughout the year: • Case Management • Care Coordination • Advocacy • Assessment • Case Planning • Referrals • VITA Taxes • Job Development Program • Mobile Dental Clinic • Annual Health Fair • Back to School Distribution • Health Clinics • Food Distributions • Thanksgiving Holiday • Holiday Giveaway City agrees to be committed to provide the following services and /or resources: ● Provide office space for administrative and programmatic services performed by the Center; and ● City staff will maintain strict confidentiality of all client information according to professional, Federal, State, and local government standards. Center agrees to provide the following services and/or resources: ● Provide no cost services pertaining or related to social services ● Provide programs to individuals and families in the community. The term of the MOU is for one (1) year with an option to extend by written agreement between both parties. The MOU has a 30 day written termination option. ALTERNATIVES There alternative would to not sign the agreement. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. ATTACHMENTS 1. Memorandum of Understanding between City of Baldwin Park and Foothill Unity Center, Inc. Memorandum of Understanding Between City of Baldwin Park and Foothill Unity Center, Inc. This Memorandum of Understanding (this "MOU) is an agreement between the Foothill Unity Center, Inc. and City of Baldwin Park (“City”) in regards to the City's Teri G. Muse Family Service Center. The purpose of this MOU is to establish and maintain an effective working relationship between the parties and to develop the means of which City and the Center will coordinate to provide needed social services and programs to individuals and their families within the community. City agrees to be committed to provide the following services and /or resources: ● Provide office space for administrative and programmatic services performed by the Center; and ● City staff will maintain strict confidentiality of all client information according to professional, Federal, State, and local government standards. The Center agrees to provide the following services and/or resources: Center agrees to provide the following services and/or resources: ● Provide no cost services pertaining or related to social services ● Provide programs to individuals and families in the community. Foothill Unity Center, Inc. will maintain at least $1,000,000 aggregate General Liability Insurance with a reputable insurance provider and name City as additional insured on said policy. Foothill Unity Center, Inc will provide proof of insurance to City. This M.O.U will commence October 20, 2021 with options to renew. The Center and City can automatically renew this MOU on a year-to-year basis, by an amendment signed on behalf of both parties or either party may terminate this MOU with a 30-day written notice to the other party. City of Baldwin Park Foothill Unity Center, Inc. Manuel Carrillo Jr. Tashera Taylor Director of Recreation & Community Services Executive Director Mcarrillo@baldwinpark.com tashera@foothillunitycenter.org 14403 E. Pacific Avenue 790 W. Chestnut Avenue Baldwin Park, CA 91706 Monrovia Ca, 91016 The responsibilities are confirmed and authorized by the following signatures. (Signatures on Following Page) Signature Page For Memorandum of Understating Between City of Baldwin Park and Foothill Unity Center, Inc. CITY OF BALDWIN PARK By: Manuel Carrillo Jr. Director of Recreation & Community Services Approved as to Form By: Robert Tafoya City Attorney FOOTHILL UNITY CENTER, INC. By: Tashera Taylor Executive Director ITEM NO. 11 STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer DATE: October 20, 2021 SUBJECT: Approval of an Agreement for Grant Writing Services with California Consulting, Inc. SUMMARY The purpose of this staff report is for the City Council to consider approval of an Agreement for Grant Writing Services with California Consulting, Inc. RECOMMENDATION Staff recommends that the City Council approve an additional Agreement for Grant Witting Services with California Consulting, Inc., starting November 16, 2021, for a term of three years, subject to thirty day notice of termination by the City. FISCAL IMPACT There is an additional fiscal impact of $8,000 to the General Fund. The adopted Budget for FY21-22 has an allocation of $42,000 in fund 100-25-299-51100-17000 with $3,500 per month. The Agreement is not to exceed $4,500 a month through November 16, 2024. The total should not exceed $36,000 from November 2021 through June 2022 and a total not to exceed $54,000 for each fiscal year thereafter. BACKGROUND The City has contracted grant writing services from California Consulting, Inc. for over five (5) years. During this time, the City has been successfully awarded $25,797,412 in grants. The current arrangement has been extended on a month to month basis for the past two (2) years as exercised by the Chief Executive Officer. California Consulting is seeking a return to pre-COVID-19 retainer amount of $4,900 per month. Staff has negotiated a $4,500 monthly retainer, and California Consulting, Inc. has agreed to provide additional grant services such as creating status reports, staff reports for City Council and review reports, to further assist City Staff. The consultant includes grant discovery, research, unlimited grant writing and grant administration. This Agreement is for a term of three years with a 30 day termination notice option. ALTERNATIVES The alternative would be that the City Council may choose not to approve the Agreement or modify the Agreement as it sees fit. LEGAL REVIEW The report has been reviewed and approved by the City Attorney as to legal form. ATTACHMENTS 1. Grant Resources Referral Agreement GRANT WRITING SERVICES AGREEMENT DATED: November 16, 2021 PARTIES: California Consulting, Inc. (hereinafter the “Consultant”); and City of Baldwin Park, (hereinafter the “Client”) AGREEMENT: The undersigned hereby agree to the following terms and conditions: Section 1. Duties of Consultant: During the term of this Agreement, Consultant shall provide the Client as follows: a. Grant research, targeted grant research on projects specifically identified by the client, identification of funding opportunities, and grant writing services at direction of Client; b. Offering Client general advice on matters involving funding mechanisms, grants research, identification, and writing; and c. Perform post-grant award administration on the grants which are awarded to the Client, including the filing of required documents by the proscribed deadlines set by the awarding entity. Section 2. Time for Performance of Duties: Notwithstanding any other term or condition of this Agreement, Client specifically acknowledges that Consultant has other clients and/or outside employment. Consultant shall have control over the time and manner of performing its duties described in Section 1, and shall make available such time as it, in its sole discretion, shall deem appropriate for the performance of its duties under this Agreement. Section 3. Term of the Agreement: The effective date of this Agreement is November 16, 2021, and shall continue for a term of three years unless terminated pursuant to Section 15 of this Agreement. Section 4. Compensation: Client shall pay Consultant $4,500.00 per month as compensation for Consultant’s grant writing services as described in Section 1. Consultant will provide Client with a written monthly invoice. Client agrees to pay invoice within 30 (thirty) days of receipt. Section 5. Expenses: The Client agrees to reimburse the Consultant for reasonable out-of-pocket expenses related to performing services on behalf of the Client. Such expenses typically might include, but are not limited to, mileage, conference calls, copies, binding costs, postage, parking, travel, and lodging expenses. Consultant shall provide Client with a receipt and a description of the expense with the invoice. Section 6. Relationship: Consultant shall perform its grant writing services hereunder as an independent contractor and not as an employee of the Client or an affiliate thereof. It is expressly understood and agreed to by the parties hereto that Consultant shall have no authority to act for, represent or bind the Client or any affiliate thereof in any manner, except as may be agreed to expressly by the Client in writing from time to time. - 2 - Section 7. Confidentiality: Except in the course of the performance of its duties hereunder, each party agrees that it shall not disclose any trade secrets, know-how, or other proprietary information not in the public domain learned as a result of this Agreement. Similarly, the parties agree that they shall not disclose or divulge this Agreement, or any of its term or conditions to third parties, except as is necessary to perform the terms and conditions stated herein. Section 8. Indemnification: The Consultant agrees to indemnify and hold harmless the Client, its council members, officers, directors, employees, attorneys, and contractors from and against any demands, losses, claims, actions or causes of action, damages, judgment, arbitration awards, liabilities (whether absolute or accrued, contingent or otherwise), costs, and expenses whatsoever (including reasonable costs of investigation or defending any action) to which Client or any of them may become subject under any applicable law arising out of Consultant’s performance under this Agreement and will reimburse Client for all expenses (including counsel or attorneys’ fees) as they are incurred. Consultant maintains liability insurance in the amount of one million dollars and will so maintain during the term of this Agreement. Section 9. Assignment: This Agreement shall not be assignable by either party; provided however, that Consultant shall have the discretion to allocate its duties hereunder to owners, affiliates, or employees of Consultant. Section 10. No Guaranteed Result: Client acknowledges and agrees that Consultant does not have control over third party decision makers, and therefore Consultant makes no representations, warranties or guarantees that it can achieve any particular results. Consultant, however, shall act in good faith toward the performance of its duties described above. Section 11. Prior Agreements: This Agreement shall supersede any prior agreements between the parties, and serves as the sole and only agreement between them. This Agreement may only be modified by a writing signed by both parties. Section 12. Governing Law: This Agreement shall be deemed to be a contract made under the laws of the State of California and for all purposes shall be construed in accordance with the laws of said State. Section 13. Attorney’s Fees: The prevailing party in any action filed that arises out of this Agreement shall be entitled to recoup their reasonable attorney’s fees and costs from the other party. Section 14. Notices: All notices will be sent via certified mail or overnight courier to: Consultant at: California Consulting, Inc. 214 Main Street, Suite 102 El Segundo, CA 90245 Client at: City of Baldwin Park 14403 Pacific Avenue Baldwin Park, CA 91706 Section 15. Termination: This Agreement may be terminated by either party for any reason not in violation of federal and/or California State law upon thirty (30) days written notice to the other party. Client shall compensate Consultant for all services rendered prior to the - 3 - date of termination. There shall be no liquidated damages in the event of termination under this provision. IN WITNESS THEREOF, this Agreement is executed on the dates set forth below and effective on the date first set forth above. “CONSULTANT” “CLIENT” California Consulting, Inc. Dated:_____________, 2021 City of Baldwin Park By________________________________ ________________________________ Steven N. Samuelian, CEO Name: Enrique C. Zaldivar, P.E. Title: Chief Executive Officer Dated:_________________, 2021 . City of Baldwin Park ________________________________ Name: Emannuel Estrada Title: Mayor Dated:________________, 2021 STAFF REPORT ITEM NO. _______12__________ TO: Honorable Mayor and Members of the City Council FROM: Mark Hsu, Information Systems Supervisor DATE: October 20, 2021 SUBJECT: Authorization to enter into a Lease Agreement for New Postage and Folding/Insert Machines SUMMARY This report is to request that City Council authorize Information Systems to enter into a lease agreement for new postage and folder/inserter machines. RECOMMENDATION Staff recommends that the City Council approve a 60 month Lease Agreement with Quadient. FISCAL IMPACT There is no impact for this fiscal year. The new agreement will be billed for $675.32 beginning August 2022. BACKGROUND The City is currently leasing the IS480 Mailing System and the DS-62 Folder/Inserter and have entered into the stage of the lease where we have options to upgrade to new equipment at a lower cost. Our current lease ends July, 2022. Our current payment will continue to be the same with the new equipment until the end of our current contract. The current machines are discontinued and parts are not readily available. The new machines are an upgraded version of what we currently have. The New agreement is under the NASPO Government contract #7-17-70-41-2, and therefore bids are not required. LEGAL REVIEW Not Applicable ALTERNATIVES The City Council may choose to direct staff to not enter into a new lease agreement. ATTACHMENTS 1. Why Wait Program Agreement and City of Baldwin Park-NASPOLeasePO-210921-124807 Organization City of Baldwin Park Phone (626) 960-4011 Address 14403 Pacific Ave. City State Zip Baldwin Park CA 91706 Customer Fax Purchase Order - Lease NASPO/ValuePoint Contract #: ADSPO 16-169901 Send all correspondence to; Quadient Leasing USA Inc. 478 Wheelers Farms Rd Milford CT 06461 Payments will be sent to: Quadient Leasing USA Inc. Dept 3682 PO Box 123682 Dallas TX 75312-3682 This order is governed in accordance with the prices, terms, delivery method, and specifications listed above, and acknowledges that you have received, read, and agree to all applicable terms and conditions (version Government-Equipment-Lease-Terms-USPS-Direct-V9-2020), which are also available at www.quadient.com/Government-Equipment- Lease-Terms-USPS-Direct-V9-2020. Organization City of Baldwin Park Phone (626) 960-4011 Address 14403 Pacific Ave. City State Zip Baldwin Park CA 91706 Email mhsu@baldwinpark.com Attention Mark Hsu Company Name Quadient Leasing USA Inc. FEDERAL ID# 94-2388882 Phone (866) 448-0045 Address 478 Wheelers Farms Rd City State Zip Milford CT 06461 Fax (203) 301-2600 Attention Government Sales DUNS# 150836872 Vendor Ship To P.O. Number P.O. Date Requisitioner Shipped Via Ground F.O.B. Point Destination Terms Quarterly Invoicing and / or QTY 60 Unit Months Description Lease Payment Unit Price $675.32 Total $40,519.20 Lease payment specified above for products listed below includes, as applicable, reduced price equipment maintenance to reflect first year free, meter rental, meter resets, postal rate changes, software license/support/subscription fees, delivery, installation, and operator training. 1) 2) 3) Authorized by City of Baldwin Park Date Print Name Title Products State Participating Addendum (PA) #: 7-17-70-41-02 (CA) DBA QTY NLEqptDetailIDLeaseIDDescription Product ID 1 iX-7 Series Base w/ Mixed Size Feeder, Sealer, Drop Tray & Ink CartridgeIX7 1 Dynamic Weighing Platform for IX Series 7/7PRO BasesIXDS7 1 IX Series 10 lb Weighing PlatformIXWP10 1 IX Series USB Barcode Scanner for Department Scanning or eServicesIXSCAN 1 3 Station Expert 2 Auto Fdr + Auto BREFdr + CIS Scanner + Multi LicenseDS64I-INT3SE Authorized by Quadient USA Date Print Name Title 09 / 29 / 2021 Kevin O'Connor VP, Marketing Document Ref: 96JMF-XBYVT-BUFVC-NFB4A Page 1 of 2 The term of the new lease, being signed concurrently with this agreement, (“New Lease”) will commence when the Current Lease reaches the end of its Initial Term or, if applicable, the current Renewal Term. The Products that are subject to the Current Lease will be replaced with the Products identified in the New Lease for the remainder of the Current Lease’s Initial Term or, if applicable, the current Renewal Term. If a subscription to the Impress Platform is included on the New Lease, then any associated Usage Fees will be in addition to the payments on the Current Lease and the New Lease. The replaced products from the Current Lease must be returned to us within thirty (30) days of the effective date of this agreement. The Quadient Leasing Why Wait program entitles you to upgrade your Quadient equipment up to 6 months prior to the end of the term of your Current Lease. Your new lease term will automatically commence and billing will begin after your Current Lease has reached the end of its current term. The transition from your Current Lease to the New Lease will be seamless. By electing to participate in this program, you agree to the following: You agree to continue making payments on lease number N17051524 through the end of its Initial Term or, if applicable, the current Renewal Term. Signature: ______________________________ Name (printed): __________________________ Title: _________________________________ Date: _________________________________ Company: Quadient Leasing USA Inc. Signature : ______________________________ Name (printed): ___________________________ Title: __________________________________ Date: __________________________________ Company: City of Baldwin Park • • • • Why Wait Program Agreement • Kevin O'Connor VP, Marketing 09 / 29 / 2021 Document Ref: 96JMF-XBYVT-BUFVC-NFB4A Page 2 of 2 Signature Certificate Document Ref.: 96JMF-XBYVT-BUFVC-NFB4A Document signed by: Kevin O'Connor E-mail: k.oconnor@quadient.com Signed via link IP: 24.151.43.213 Date: 29 Sep 2021 15:52:34 UTC Document completed by all parties on: 29 Sep 2021 15:52:34 UTC Page 1 of 1 Signed with PandaDoc.com PandaDoc is a document workflow and certified eSignature solution trusted by 25,000+ companies worldwide. STAFF REPORT ITEM NO. ________13_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Benjamin Martinez, Community Development Director DATE: October 20, 2021 SUBJECT: Approving a Letter of Intent and Application to the San Gabriel Valley Regional Housing Trust Homeless Housing Pilot Program SUMMARY City staff seeks approval from the City Council to submit a Letter of Intent (“LOI”) and Application to the San Gabriel Valley Regional Housing Trust (SGVRHT) Homeless Housing Pilot Program (“HHPP”) for the city-owned property located at 13167 Garvey Avenue. RECOMMENDATION Staff recommends that the City Council: 1. Receive report and provide input to the draft LOI and Application; and 2. Direct the Chief Executive Officer to submit the LOI and Application to the SGVRHT. FISCAL IMPACT None at this time. BACKGROUND The SGVRHT received a State Budget Earmark of $20 million to address the affordable housing shortage and homeless crisis in the San Gabriel Valley. The SGVFHT has now released the format for interested cities to submit a LOI and Application for funding under the HHPP. Through this program, the City intends to provide housing units or shelter beds for unhoused individuals at the city-owned property located at 13167 Garvey Avenue. The City will support this effort through staff time to manage the project and through other resources as feasible including HOME Investment Partnership Act American Rescue Act Funds up to the awarded amount of $1,128,365 from the Department of Housing and Urban Development (“HUD”). These HOME funds were specifically rewarded to assist special needs (i.e. homeless) populations in Baldwin Park. The City anticipates that the SGVRHT will provide up to $25,000 per bed/unit of housing that are operated for a minimum of 2 years. HHPP funds may be used for capital expenses to provide the bed/unit during the pilot program period. The HOME funds can be used for both capital and operational expenditures. 13167 Garvey Avenue The city-owned property consists of .63 acres or 27,622 square feet with 5,212 square feet of usable building space in three (3) buildings. The site is ideal to operate a safe parking program on the vacant, asphalted area along with a short-term housing program in the three buildings that are residential-type buildings equipped with bathrooms and kitchens. Initial discussions with the SGVRHT staff indicate that the HHPP funds cannot be used for a safe parking program but they indicated there might be alternative financial resources available. City staff will be perform a site visit of the property before the City Council Meeting on October 20th to ascertain a general idea of how the buildings can be sub-divided and/or rehabilitated to obtain the maximum amount of units/beds. This information will help us complete a draft application that will be send to the City Council for review before the meeting. The HHPP LOI and Application are due on October 26th at 5:00pm. City staff verified with the SGVRHT that this process is only preliminary to show interest in the HHPP. The LOI is not a commitment but is the first step in the process to obtain HHPP funds. Participation in the HHPP will require executing a Memorandum of Agreement (MOA) with the SGVRHT that outlines the responsibilities of the City and the SGVRHT. Final commitment to the project will be subject to SGVRHT and City Council approvals, funding availability, and other factors to be determined. LEGAL REVIEW None at this time. ALTERNATIVES The City Council may decide to not submit the LOI and Application. ATTACHMENTS 1. Draft LOI and Application to the SGVRHT for the HHPP (to be circulated next week). STAFF REPORT ITEM NO. ________14_________ TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: October 20, 2021 SUBJECT: Approval of Expenditures for the Esperanza Villa Project (Formerly Known as Tiny Homes Village) Consisting of Material Procurements, Site Preparation and Construction Work SUMMARY This item request approval of various proposals and expenditures related to the Esperanza Villa Project, also known as, the Tiny Homes Village Project to be constructed at 14173 Garvey Avenue in the City of Baldwin Park (city-owned green waste transfer site). Expenditures include procurement of portable solar lighting fixtures, on-site furniture, installation of broadband internet access, security surveillance system, perimeter fencing, and installation of electrical equipment including electrical connections to shelters. The San Gabriel Valley Regional Housing Trust (SGVRHT) through the San Gabriel Valley Council of Governments (SGVCOG) will be reimbursing the city for all expenditures as part of a Services Agreement approved by the City Council on July 7, 2021. RECOMMENDATION Staff recommends that the City Council: 1. Approve materials procurement proposals from: a. Greenshine, Inc. for purchase of portable lighting fixtures in the amount of $40,934.03 b. U-Line, Inc. for purchase of on-site furnishings in the amount of $19,023.64; and 2. Approve professional services proposals from: a. Greg Ruvolo for installation of perimeter fencing in the amount of $62,205.00 b. Automation Solutions, Inc. for installation of electrical equipment and site connections in the amount of $34,815.00 c. AAA Network Solutions, for installation of camera security surveillance system in the amount of $35,992.56; and 3. Approve a not-to-exceed amount of $50,0000 for future professional plumbing services for on- site gas, sewer, water connection to facilities; and 4. Authorize the Public Works Director to execute the procurement and professional services proposals and to coordinate with the various entities in all elements as necessary to complete the improvements at the site; and 5. Authorize the Director of Finance to make the necessary budget adjustments and processing of invoices including reimbursement request made to the SGVRHT for qualified expenditures. FISCAL IMPACT There is no impact to the General Fund. City expenditures have been pre-approved and will be reimbursed by the San Gabriel Valley Regional Housing Trust (SGVRHT). The Finance Department has created various expenditure accounts under Fund 259 for this project as follows: Description Account Number Amount Greenshine, Inc. Portable Solar Lighting 259-50-520-53100-55003 $40,934.03 U-line, Inc. On-site furnishings 259-50-520-53100-55003 $19,023.64 Greg Ruvolo Fencing 259-50-520-58100-55003 $62,205.00 Automation Solutions, Inc. Electrical Equip./Connections 259-50-520-58100-55003 $34,815.00 AAA Network Solutions Cameras/Security System 259-50-520-51100-55003 $35,992.56 Plumbing Services (future) On-site Gas/Sewer/Water 259-50-520-58100-55003 $50,0000.00 Total Funding Requested $242,970.23 BACKGROUND At their July 7, 2021, City Council Meeting, City Council approved the Emergency Non-Congregate Shelter Pilot Project in partnership with the San Gabriel Valley Regional Housing Trust (SGVRHT) and San Gabriel Valley Council of Governments (SGVCOG) to develop a tiny home pilot program to help meet the immediate needs of individuals experiencing homelessness. At the same meeting, the Council selected a city-owned green waste transfer site located at 14173 Garvey Avenue as the proposed site for the project. Further, the Council provided direction to expedite paving to the site in order to meet the proposed schedule for construction of the Tiny Home Village. DISCUSSION City staff has been actively working with the various stakeholders, including SGVRHT and SGVOG and coordinating with the project’s architect, shelter vendor, electrical engineer and others in the development of the site. In addition to the site preparation and paving, city staff has taken-on additional construction related components such as construction management, procurement of materials, coordination with various professional services consultants, and in-house support from the Public Works Maintenance Division. In order to meet the tight deadline for construction, staff has negotiated and obtained proposals and quotes for procurement of portable solar lighting fixtures, on-site furniture, installation of broadband internet access, security surveillance system, perimeter fencing, and installation of electrical equipment. On the issue of long-lead time items such as the portable solar lighting fixtures, site furnishings and certain professional services with long lead-time items such as cameras and electrical panels, notices to proceed with the work have been issued under the CEO’s signatory limit to ensure that the equipment arrives on time for installation. All procurement materials and professional services proposed in this report have been pre-approved by SGVRHT and will be reimbursed upon competition of the work. Therefore, staff recommends that the City Council approve the proposals and authorize staff to proceed with the expenditures. ALTERNATIVES 1. The City Council may choose not to approve the proposals and authorize the expenditures. This action is not recommended as this action will delay the scheduled November 20, 2021, grand opening of the site and delay the housing opportunity to Baldwin Park homeless. 2. Provide Staff with alternate direction. LEGAL REVIEW None Required ATTACHMENTS 1. Proposals for Services to be distributed at the City Council meeting. STAFF REPORT ITEM NO. ________SA-1_________ TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park FROM: Rose Tam, Director of Finance DATE: October 20, 2021 SUBJECT: Treasurer’s Report – July 2021 SUMMARY Attached is the Treasurer’s Report for the month of July 2021. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer’s Report for July 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit “A”, Treasurer’s Report STAFF REPORT ITEM NO. ________SA-2_________ TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park FROM: Rose Tam, Director of Finance DATE: October 20, 2021 SUBJECT: Treasurer’s Report – August 2021 SUMMARY Attached is the Treasurer’s Report for the month of August 2021. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer’s Report for August 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit “A”, Treasurer’s Report STAFF REPORT ITEM NO. _______SA-3__________ TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of The City of Baldwin Park FROM: Rose Tam, Director of Finance DATE: October 20, 2021 SUBJECT: Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was $20,180.00. 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 meeting and the following is a summary of the payment released: 1. The July 13 to August 23, 2021, Successor Agency Warrant with check number 13566 in total amount of $20,180.00 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register STAFF REPORT ITEM NO. ________15_________ TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez, Director of Community Development PREPARED BY: Ron Garcia, City Planner DATE: October 20, 2021 SUBJECT: A Request to the City Council from the Planning Commission on an Amendment to the City of Baldwin Park Municipal Code Chapter 127 and Chapter 153 Related to Commercial Cannabis to Reduce the Distance Requirements from 50 Feet to 20 Feet of a Cannabis Distribution Facility to a Dwelling Unit within a Residential Zone, and Increase the Maximum Size of a Cannabis Distribution Facility from 22,000 Square Feet to 40,000 Square Feet (Location: all Industrial Commercial (IC) and Industrial (I) Zoning Designations; Applicant: Tony Kim for Baldwin Park Distribution, LLC; Case Number: AZC 21-01) SUMMARY On September 8, 2021 the Planning Commission adopted Resolution PC 21-11 recommending that the City Council amend the City of Baldwin Park’s Municipal Code Chapter 127 and Chapter 153 related to Commercial Cannabis Use. The modifications would result in the reduction of the distance requirement from 50 feet to 20 feet for a cannabis distribution site, to a dwelling unit within a residential zone, and increase the maximum size of a cannabis distribution facility from 22,000 square feet to 40,000 square feet. In conjunction with the said request, the Planning Division is recommending the City Council amend Chapter 153 and Chapter 127 that include minor grammatical amendments to ensure consistency throughout the City’s commercial cannabis standards. This item was continued from the October 6, 2021 City Council meeting. RECOMMENDATION Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1460, entitled, “AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 127 OF TITLE XI OF THE BALDWIN PARK MUNICIPAL CODE”; and Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1461, entitled, “AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 153 OF THE BALDWIN PARK MUNICIPAL CODE REALTING TO COMMERCIAL CANNABIS ACTIVITY”. FISCAL IMPACT No fiscal impact. CEQA Pursuant to Section 15061 (b)(3) of the California State CEQA Guidelines, the amendment to the City of Baldwin Park’s Zoning Code is exempt from CEQA, as it does not have the potential for causing a significant effect on the environment. A Notice of Public Hearing was posted in the San Gabriel Valley Tribune on Saturday, October 9th, City Hall, and the City’s website. Public Hearing Notices were also mailed to the owners and occupants within a 300-foot radius of the subject property. BACKGROUND On August 9, 2017, the Planning Commission heard AZC- 183 and approved resolution PC 17-13, recommending the City Council approve and adopt an amendment to the City’s Zoning Code allowing Commercial Cannabis Activity within the IC, Industrial Commercial and I, Industrial Zones and deleted Sections 153.120.330.C and 153.120.330.D, which were in conflict with the proposal to allow Adult and Medical Cannabis Cultivation, Manufacturing and Distribution. On August 16, 2017, the City Council approved a Zoning Text Amendment (Ordinance 1401) and approved Ordinance 1400 adding Chapter 127 of Title IX (Business Regulations), adding Medical and Adult use of Cannabis. On December 13, 2017, the City Council amended Chapter 127, approving Ordinance 1403 requiring a 600-foot distance criteria from Commercial Cannabis Activity for schools, day-care centers, parks or youth centers and increased the number of cannabis permits allowed from fifteen (15) to twenty (20). On March 21, 2018, the City Council approved Ordinance 1408 amending Chapter 127 to increase the number of Adult and Medical Cannabis permits allowed up to twenty-five (25). The second reading of the ordinance was held on April 4, 2018 approving Ordinance 1408. On November 11, 2019, the City Council approved Ordinance 1442 and 1443 amending Chapter 127 and 153 to reduce the distance requirement from a cannabis manufacturing site from 50 feet to 25 feet to a dwelling unit within a residential zone for a manufacturing site that exclusively manufactures edible cannabis products and incorporate Chapter 127 into Chapter 153 of the City’s Municipal Code for clarity and consistency. The second reading of the ordinances was held on November 20, 2019. DISCUSSION The applicant Baldwin Park Distribution, LLC, is owned and operated by Stachs LLC, a wholly owned subsidiary of cannabis delivery platform Eaze. According to the applicant they are experienced operators, operating cannabis licenses throughout the State of California. The site is proposed to exclusively operate a commercial cannabis distribution facility. The property is located at 14030 Live Oak Avenue and is within the Industrial Commercial (I-C) Zone. The total lot size of the property consists of approximately 113,387 square feet and building size of 36,174 square feet. The applicant is requesting a reduction in the distance between a cannabis distribution site and a residential dwelling unit (from 50 feet to 20 feet), and an increase the maximum building size for cannabis distribution (from 22, 000 to 40,000). The facility is approximately within 27 feet and 47 feet of a residential dwelling unit on a few of the adjacent residentially zoned properties; therefore, in order to allow the applicant to apply for a Cannabis permit, the City’s Municipal Code must be amended to allow for a reduced distance requirement to residences. California Business and Professions Code Section 26054 sets distance and sensitive use restrictions for a premise licensed for commercial cannabis activity. Specifically, commercial cannabis licensed premises are not to be within a 600-foot radius from a school providing instruction in kindergarten or any grades 1 through 12, day care center, or youth center that is in existence at the time the license is issued, unless a licensing authority or local jurisdiction specifies a different radius… Distance requirements from residential zones or uses are not set in the Business and Professions Code; therefore, it is commonly addressed within ordinances adopted by local jurisdictions regulating commercial cannabis activity. Baldwin Park elected to include distance requirements from residential zones to provide a buffer to residential uses and assure that commercial cannabis licensees conduct their businesses safely. It is also common for local jurisdictions to set varying distances or exceptions to distances depending on impacts to the surrounding community from the use. Staff surveyed 16 cities throughout Southern California related to distance requirements for cannabis distribution uses to residential properties. Nine (9) cities including Bellflower, Commerce, Cudahy, Culver City, El Monte, Huntington Park, Lancaster, Long Beach and City of Los Angeles have a zero setback. The remaining cities Lynwood, Malibu, Maywood, Monrovia, Pasadena, and West Hollywood do not allow cannabis distribution. Furthermore, the applicant also indicated that in many cities and unincorporated areas within California have adopted cannabis regulations and ordinances that do not have distance requirements for commercial cannabis distribution facilities including Williams, Arcata, Goleta, San Leandro, Costa Mesa, unincorporated Alameda County, Imperial County, and LA County (Attachment, #4). The applicant is also requesting to increase the square footage allowed, from 22,000 square feet to 40,000 square feet, for cannabis distribution only. The facility is approximately 36,174 square feet; therefore, in order to allow the applicant to apply for a Cannabis permit, the City’s Municipal Code must be amended to allow for an increased size for a distribution facility only. The California Business and Professions Code also does not set size limitations for commercial cannabis distributions facilities and is addressed within adopted cannabis regulations by local jurisdictions. In this case, the City opted to include a maximum size requirement of 22,000 square feet for consistency with the other allowed commercial cannabis activities of manufacturing and cultivation, which square footage is regulated by the State as to not exceed 22,000 square feet. However, the State does not regulate the square footage of distribution sites. Therefore, the applicant is requesting an amendment to allow for an increase in size of a commercial cannabis distribution facility. The applicant held a community meeting at the proposed location on April 29, 2021 to inform the surrounding neighbors of their proposal. The applicant also completed door to door outreach on May 5, 2021 to all owners and occupants within 300 feet of the project site. The community meeting notice and community flyer are included for your review as Attachment No. 5. If the City Council approves the proposed amendment; the modification will not affect the zoning or general plan designation of the subject property. Further, the subject property would remain bounded to the development standards contained in Section 153 (Zoning) of the City’s Municipal Code. PLANNING COMMISSION ACTION On September 8, 2021 the Planning Commission adopted Resolution 21-11 recommending approval to the City Council to amend the City’s Municipal Code Chapter 127 and Chapter 153 related to commercial cannabis use. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Ordinance 1460 2. Ordinance 1461 3. Planning Commission Resolution 21-11 4. Application Request and Justification Statement, Dated May 5, 2021 5. Community Meeting Notice 11 Ordinance 1460 - Page 1 of 25 ORDINANCE NO. 1460 AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 127 OF TITLE XI OF THE BALDWIN PARK MUNICIPAL CODE WHEREAS, Title XI Chapter 127 of the City of Baldwin Park Municipal Code (“BPMC”) establishes rules and regulations for Commercial Cannabis Activity; and WHEREAS, California Government Code Section 5022.7 permits the amendment of municipal codes as often as deemed necessary by the legislative body, and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), Regulations, Section 15061(a)(3), the City Council of the City of Baldwin Park (“CITY”) has determined, with certainty, that the proposed action (“Project”) has no possibility that it will have a significant effect on the environment; and WHEREAS, the CITY has determined that the Project is exempt from CEQA; and WHEREAS, on September 8, 2021, after conducting a properly noticed public hearing, the Planning Commission adopted Resolution No. PC 21-11, recommending that the CITY amend Chapter 127 of the BPMC as it pertains to commercial cannabis activity; and WHEREAS, the CITY wishes to amend the BPMC to decrease the distance between commercial cannabis activity and residential use from fifty (50) feet to twenty (20) feet, for Distribution only, and to increase the square footage allowed, from 22,000 square feet to 40,000 square feet, for Distribution only. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Except as expressly modified pursuant to this Ordinance, all other provisions of Title XI Chapter 127 shall remain unmodified and in full force and effect. All ordinances in conflict with the provisions of this Ordinance are superseded to the extent of such conflict. CHAPTER 127. Medical and Adult Use Commercial Cannabis 127.01: Purpose A. Regulation. The purpose of this article is to regulate all commercial cannabis activity in the City of Baldwin ParkCITY, as defined in Section 26000 of the California Business and Professions Code, to the extent authorized by state law and in a manner designed to minimize negative impact on the CityCITY, and to promote the health, safety, morals, and general welfare of residents and businesses within the cityCITY. 11 Ordinance 1460 - Page 2 of 25 B. Specific Authority. This article is further adopted and established pursuant to the specific authorit y granted to the City of Baldwin ParkCITY in Section 7 of Article XI of the California Constitution and Section 26000 of the California Business and Professions Code. These regulations shall govern all commercial cannabis activity that occurs within the jurisdiction of the CityCITY. 127.02: Definitions Unless otherwise defined herein, the terms in this article shall have the same meaning as set forth in the MAUCRSA (“Medicinal and Adult-Use Cannabis Regulation and Safety Act”) and any rules promulgated under it. In addition, the following terms shall be defined as follows: A. "Adult-Use Cannabis" means the use of cannabis for recreational purposes as distinguished from cannabis for medicinal purposes. B. "Adult-Use Cannabis Licensee” has the same meaning as that term “A- licensee” as defined by Section 26001(f) of the California Business and Professions Code. C. "Applicant" has the same meaning as that terms is defined by Section 26001(c) of the California Business and Professions Code. D. "Cannabis” has the same meaning as that terms is defined by Section 26001(f) of the California Business and Professions Code. E. "CityCITY" means the City of Baldwin Park, California. F. “Chief Executive Officer” shall mean the Chief Executive Officer of the CityCITY or a duly authorized designee. G. “Code” means the Baldwin Park Municipal Code or the BPMC. H. ''Commercial cannabis activityCannabis Activity" has the same meaning as that term is defined by Section 26001(k) of the California Business and Professions Code, including the exclusion in Section 19319 of the California Business and Professions Code. I. ''Cultivation siteSite" has the same meaning as that term is defined by Section 26001(m) of the California Business and Professions Code. J. “Day-careCare” means any child day care facility other than a family day care home and includes infant centers, preschools, extended day care facilities, and school-age child carechildcare centers. K. “Development Agreement” means a development agreement between the CITY and any Person(s) having legal or equitable interest in real property for the development of the property as provided in this Chapter, and pursuant to California Government Code Section 65864, et seq. 11 Ordinance 1460 - Page 3 of 25 K.L. “Distribution” has the same meaning as that term is defined by Section 26001(r) of the California Business and Professions Code. L.M. “Dwelling Unit” means any building or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities. M.N. "Enclosed locked structureLocked Structure," means a structure that (1) does not allow for the visibility of the interior from the outside; (2) is secured with a non-residential lock; (3) is completely surrounded on all sides by a wall (i.e., fully enclosed); and (4) is roofed. Enclosed locked structures may include greenhouses, provided that only the roof of the greenhouse is made of transparent glass. All enclosed locked structures shall comply with the city and state building code, city and state fire code, and all other applicable laws. N.O. "Good causeCause" for purposes of denying an initial license under this chapter, for revoking a permit, or for denying a permit renewal or reinstatement, means at least one of the following: a.1. The applicantApplicant has not obtained approval by the city councilCITY of a development agreement setting forth the general terms for the operation of a business under this chapter or a licenseeLicensee breaches the terms of an applicable development agreement. b.2. The applicantApplicant or licenseeLicensee has violated any of the terms, conditions or provisions of this chapter, state law, any regulations promulgated under state law, any applicable local rules and regulations, or any special terms or conditions placed upon its state licenseState License, local license, or permit; c.3. The licensed premises has been or is operating in a manner that adversely affects the public health, safety, or welfare of the immediate neighborhood in which the establishment is located; d.4. The applicant or licensee has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the city; e.5. The applicant or licensee's criminal history does not indicate that the applicant or licensee is of good moral character; or the applicant or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or dutie s of the business or profession for which the application is made, except that, if the local licensing authority has issued a local license to the applicant or licensee, the City shall not consider any criminal history of the applicant or licensee that was disclosed to or discovered by the local licensing authority prior to the issuance of the local license and is confirmed by the applicant. For any criminal history that was not disclosed to or discovered by the local licensing authority prior to the issuance of the local license or that arose after the issuance of the local license, the City shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant or licensee, and shall 11 Ordinance 1460 - Page 4 of 25 evaluate the suitability of the applicant or licensee to be issued a permit based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which th e application is made, the City shall consider the factors as set forth in Section 26057(b)(4) of the California Business and Professions Code; f.6. The applicant or licensee is employing or allowing to volunteer any person whose criminal history indicates that person is not of good moral character; g.7. The applicant or licensee fails to allow inspection of the security recordings, activity logs, or business records of the licensed premises by city officials; or h.8. An applicant or licensee is a licensed physician providing written recommendations to patients for cannabis. NP. "Good moral characterMoral Character" means having a personal history that demonstrates the propensity to serve the public in the licensed area in a manner that reflects openness, honesty, fairness, and respect for the rights of others and for the law. In determining good moral character, the following standards shall apply: l. A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used, in and of itself, as proof of an individual's lack of good moral character. Such judgment may be used as evidence in the determination, and when so used the individual shall be notified and shall be permitted to rebut the evidence by showing that at the current time, he or she has the ability to, and is likely to serve the public in a fair, honest, and open manner, that he or she is rehabilitated, or that the substance of the former offense is not substantially related to the occupation or profession for which he or she seeks to be licensed. 2. Notwithstanding Chapter 2 of Division 1.5 of the California Business and Professions Code, a prior conviction where the sentence, including any term of probation, incarceration, or supervised release is completed for possession of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance, is not considered substantially related, and shall not be the sole ground for denial of a local license, except that any of the following convictions shall be deemed substantially related and may be the sole grounds for denying a local license or permit: a. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controll ed substance; or b. A felony conviction for selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor; or c. A felony conviction for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the California Health and Safety Code. 11 Ordinance 1460 - Page 5 of 25 d. Conviction for any controlled substance felony subsequent to issuance of a permit shall be grounds for revocation of a permit or denial of the renewal of a permit. OQ. “Immature marijuana plantMarijuana Plant” means a marijuana plant, whether male or female, that has not yet flowered and that does not yet have buds that are readily observed by unaided visual examination. This is distinguished from a “mature” plant, which has flowered and has buds. PR. "Licensed premisesPremises" means the designated area on a single or immediately adjoining parcel(s) as identified by valid street address and Assessor Parcel Number, specified in an application for a permit under this chapter, which is owned or in possession of the applicant or licensee and within which the applicant or licensee is applying for authorization to cultivate, manufacture, distribute, test, or is applying for multiple permitted uses, in accordance with the provisions of this chapter, the MAUCRSA, any development agreement approved by city council, and any rules adopted pursuant thereto. Q. S. "Licensee" means a person who has been issued a commercial cannabis business permit under this chapterChapter for a Licensed Premises. R.T. "Limited access areaAccess Area" means a building, room, or other area that is part of the licensed premises, whose access is limited to certain authorized persons. SU. “Local License” means “License” means a license issued by the CITY under this Chapter. includes both an A-license and an M-license, as well as a testing laboratory license. V. “Manufacture” means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. TW. “Manufacturer” means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. UX. "Medicinal cannabisCannabis" has the same meaning as that term is defined by Section 26001(ai) of the California Business and Professions Code. VY. "Medical cannabis businessCannabis Business" means any person engaged in commercial cannabis activity. WZ. "Medicinal and Adult-Use Cannabis Regulation and Safety Act" or "MAUCRSA" means Division 10 of the California Business and Professions Code XAA. "Outdoors" means any location within the city that is not within an enclosed structure. 11 Ordinance 1460 - Page 6 of 25 Y BB. "Owner" means any of the following, pursuant to Section 26001(al) of the California Business and Professions Code: 1. A person or persons with an aggregate ownership interest of one (1) percent or more in the Entity applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance. 2. The Chief Executive Officer of a nonprofit or other entity. 3. A member of the board of directors of a nonprofit. 4. An individual who will be participating in the direction, control, or management of the person applying for a license. Z.CC. "Person" or “Persons” has the same meaning as that term is defined by Section 26001(an) of the California Business and Professions Code. AA.DD. "Permit" means a “cannabis permit” that authorizes an entity to conduct commercial cannabis activity under this chapter. BB.EE. "Physician," as used in this chapter, shall mean an individual who possesses a license in good standing to practice medicine or osteopathy from the state of California. CC. FF. "State lawLaw(s)" means and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act); the California Attorney General's Guidelines for the Security and Non-Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may be revised from time to time by action of the Attorney General; MAUCRSA, and all other applicable laws of the state of California. DD. GG. "State licenseLicense" has the same meaning as that term is defined by Section 26001(yz) of the California Business and Professions Code. EEHH. "State licensing authorityLicensing Authority" shall mean the Bureau of Cannabis Control within the State Department of Consumer Affairs, the State Department of Public Health, State Department of Food and Agriculture, or any other state agency responsible for the issuance, renewal, or reinstatement of a State license issued pursuant to Division 10 of the California Business and Professions Code or any state agency authorized to take disciplinary action against such local license. FFII. "Written documentationDocumentation" shall have the meaning set forth in Section l 1362.7(i) of the California Health and Safety Code. GGJJ. "Youth centerCenter" means any public or private facility that is primarily used to host social activities for minors, including, but not limited to, social service teenage club facilities, 11 Ordinance 1460 - Page 7 of 25 video arcades, or similar amusement park facilities. 127.03: Relationship to Other Laws Except as otherwise specifically provided herein, this chapter incorporates the requirements and procedures set forth in Division 10 (commencing with Section 26000) of the California Business and Professions Code. In the event of a conflict between the provisions of this chapter and state statutes or regulations, State law controlsshall control. 127.04: Outdoor Cultivation It is hereby declared to be unlawful, a public nuisance, and a violation of this chapterChapter for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the CityCITY to use or allow such premises to be used for the outdoor cultivation of cannabis plants. 127.05: Permitted Use A. Permit Required. Commercial Cannabis businessesActivity shall only be permitted to operate in the city followingCITY pursuant to the issuance of a Permit approved by the City Council or staff designee and a business license issued by the CityCITY in accordance with the criteria and procedures set forth in Chapter 127 of this codeCode and in compliance with the Baldwin Park Municipal CodeBPMC. No land-use entitlement, permit (including building permit) approval, site plan, certificate of occupancy, zoning clearance, or other land-use authorization for a medicalcommercial cannabis businessactivity shall be granted or permitted unless it complies with the provisions of this chapter and the applicable building standards and the Baldwin Park Municipal Code.BPMC. If there is a conflict between the requirements of another chapter and this chapter, the requirements of this Chapter 127 prevail. B. B. Strict Compliance. All personsPersons who are engaged in or who are attempting to engage in commercial cannabis activityCommercial Cannabis Activity in any form shall do so only in strict compliance with the terms, conditions, and restrictions of the MAUCRSA, the provisions of this Chapter 127, and all other applicable stateState and localCITY laws. C. Chief Executive Officer Authorized. The Chief Executive Officer is authorized to makeestablish policies and procedures consistent with the intent and spirit of this chapterChapter concerning the applications, the application process, the information required of applicantsApplicants, the application procedures and the administration and procedures to be used and followed in the application and process. 127.06: Development Agreement Required Prior to operating in the City andCITY, as a condition of issuance of a Permit, the applicantApplicant shall enter into a development agreementDevelopment Agreement with the CityCITY setting forth the terms and conditions under which the facility will operate that is in addition to the requirements of this chapterChapter, including, but not limited to, public outreach 11 Ordinance 1460 - Page 8 of 25 and education, community service, payment of fees and other charges as mutually agreed upon, approval of architectural plans (including site plan, floor plan, and elevation, to conform with manufacturing uses under the Baldwin Park Municipal CodeBPMC), and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the CityCITY. 127.07: Permitted Zones-Distance and Other Conditions for Approval No more than 25 (twenty-five) Permits, each with a maximum of 22,000 square feet of permitted commercial cannabis useCommercial Cannabis Activity may be allowed, maintained, or operated in the CityCITY at any time. If there is a conflict between the requirements of this chapter and any other chapter, the requirements of this chapter shall prevailChapter shall prevail. Except that, for Distribution only, the maximum square feet shall be increased from 22,000 square feet to 40,000, square feet. A. Manufacturing SiteSites. 1. No manufacturingManufacturing shall be located within 600 feet of a school, day-care centerDay-Care, or youth center, or within 50 feet of a dwelling unit within a residential zone, pursuant to section E of this Code; except when exclusively manufacturing food and/or edible cannabis products and no other products, and no extraction of cannabis or cannabis products is taking place on the premises, the distance will be as specified in section 2 below. 2. Manufacturing of edible cannabis products and no other products, and where no on-site extraction occurs, shall not be located within 600 feet of a school, day-care centerDay-Care, or youth center, and shall not be located within 25 feet of a dwelling unit within a residential zone, pursuant to Section E of this Code. 3. Subject to the distance and other requirements of this chapter and the Code, a licensed premisesLicensed Premises may only be a property within the Industrial (I) or the Industrial-Commercial (I-C) zones, and following the application for and granting of a development agreement by the city councilCITY and a business permit in accordance with this chapterChapter. The proposed use shall comply with the minimum requirements set forth in this chapterChapter for distance separations between specific land uses. 4. All manufacturingManufacturing of cannabis shall occur in an enclosed structure. 5. Licensed sitesPremises for Manufacturing shall not exceed the 22,000 square feet maximum authorized pursuant to the controlling development agreement. 5. 6. From a public right-of-way, there should be no exterior evidence of the manufacturing of cannabis or manufactured cannabis products except for any signage authorized by this Code. 7. All licensed sitesLicensed Premises shall comply with the city'sCITY's 11 Ordinance 1460 - Page 9 of 25 lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed. 8. All windows on the licensed premisesLicensed Premises of the manufacturing site shall be appropriately secured and all cannabis securely stored. A licensed site, all 9. All operations conducted thereinon the Licensed Premises, and all equipment used therein must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes. 10. If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFCthe Los Angeles County Code, Title 32, Fire Code (“CFC”) Section 202, are to be used in the processing of medical cannabis or adult use, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits under CFC Section 50 (Hazardous Materials) are located on the licensed premises. 11. Storage, use, and handling of compressed gases in compressed gas containers, cylinders, tanks, and systems shall comply with CFC Chapter 53. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials). A manufacturer shall prevent, control, and mitigate of dangerous conditions related to storage, use, dispensing, mixing, and handling of flammable and combustible liquids shall be in accordance with CFC Chapters 50 and 57. 12. Licensed sitesPremises are permitted under this chapterChapter under a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction shall be fire sprinkled per the Fire Code. For manufacturing sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: a. A Group F-1 fire area exceeds 12,000 square feet. b. A Group F-1 fire area is located more than three stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet. 13. 13. Suitability of the proposed. All licensed facilities shall have air scrubbers or a filtration system capable of eliminating odors from escaping the building. 14. The manufacture, distribution, and transportation of edible cannabis 11 Ordinance 1460 - Page 10 of 25 products shall be conducted in a manner that complies with all applicable food safety laws for the protection of humans consuming cannabis. 15. All products, storage facilities, utensils, equipment, and materials used for the manufacture of edible cannabis products shall be approved, used, managed, and handled in accordance towith the provisions of all State and County Health and Safety Laws regarding the preparation, distribution, labeling, and sale of food. 16. Any manufacturingManufacturing site that proposes to prepare, store, dispense, and distribute edible cannabis products shall comply with the relevant provisions of all State and County H ealth and Safety Laws regarding the preparation, distribution, labeling, and sale of food. 17. No food production shall be allowed in a facility where edible cannabis products are manufacturedManufactured to avoid the unintentional contamination of non - cannabis foods with cannabis. 18. All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be State certified food handlers. The valid certificate number of each such owner, employee, volunteer, or other individual shall be on record at the permitted premises where said individual participates in the production of edible cannabis products. B. Cultivation Sites. No cultivation site shall be located within 600 feet of a school, day-care centerDay- Care, or youth center, or within fifty (50) feet of a dwelling unit within a residential zone, pursuant to section E of this Code. 1. Subject to the distance and other requirements of this chapter and the Code, a licensed premisesLicensed Premises may only be a property within the Industrial (I) or Industrial-Commercial (I-C) zones, and following the application for and granting of a development agreementDevelopment Agreement by the city councilCITY and a business permit in accordance with this chapter. The proposed use will comply with the minimum requirements set forth in this chapter for distance separations between specific land uses. 2. All cultivation of cannabisCultivation Sites shall occur in an enclosed locked structure. 2. Licensed sitesPremises shall not exceed the 22,000 square feet maximum authorized pursuant to the controlling development agreement. 3. From a public right-of-way, there should be no exterior evidence of the cultivation of medical and adult use cannabis except for any signage authorized by this chapter. 11 Ordinance 1460 - Page 11 of 25 4. All cultivation sitesCultivation Sites shall comply with the city'sCITY's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed. 5. All windows on the licensed premises of a cultivation site shall be appropriately secured and all cannabis securely stored. 6. Areas where cannabis is cultivated are wet locations, and the electrical system in such areas must comply with Title 8 of this code, Article 300.6(D) of the National Electric Code, cityCITY, and California building codes, fire codes, electrical codes, and all other applicable laws. 7. Cultivation sitesSites are under a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled under the Fire Code. For cultivation sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: a. A Group F-1 fire area exceeds 12,000 square feet. b. A Group F-1 fire area is located more than 3 stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet. 8. In addition to a Manufacturing or Cultivation permit, a cannabis business applicant may apply for another use as permitted by MAUCRSA, a development agreement approved by city council, this chapter, and any rules adopted pursuant thereto. 9. Suitability of the proposed property. All licensed facilities shall have air scrubbers or a filtration system capable of eliminating odors from escaping the building. C. Distribution of Cannabis. A cannabis distribution Licensee shall carry or move cannabis within the city in accordance with MAUCRSA and State regulationsSites. 1. A Distribution Licensee shall carry or move cannabis within the CITY in accordance with MAUCRSA and State regulations. 1.2. No distributionDistribution site shall be located within 600 feet of a school, day-careDay-Care center, or youth center or within 50twenty (20) feet of a dwelling unit within a residential zone, pursuant to section E of this Code. 2.3. Subject to the distance and other requirements of this chapter and the Code, a licensed premisesLicensed Premises may only be a property within the Industrial (I) or the Industrial-Commercial (I-C) zones, and following the applicationApplication for and granting of 11 Ordinance 1460 - Page 12 of 25 a development agreementDevelopment Agreement by the city councilCITY and a business permit in accordance with this chapter. The proposed use shall comply with the minimum requirements set forth in this chapter for distance separations between specific land uses. 3.4. All distribution of cannabis activitiesDistribution, including but not limited to packaging, repackaging, loading, and unloading of products shall occur in an enclosed structure. 4.5. Licensed sitesPremises for Distribution shall not exceed the 2240,000 square feet maximum authorized; it may be less than 40,000 square feet as negotiated pursuant to the controlling development agreementDevelopment Agreement. 5.6. From a public right-of-way, there should be no exterior evidence of commercial cannabis activityCommercial Cannabis Activity except for any signage authorized by this Code. 6.7. All licensed sitesLicensed Premises shall comply with the city'sCITY's lighting standards including, without limitation, fixture type, wattage, illumination levels, shielding, and secure the necessary approvals and permits as needed. 7.8. All windows on the licensed premisesLicensed Premises of the distributingDistribution site shall be appropriately secured and all cannabis securely stored. 8.9. A licensed site, allAll operations conducted thereinon a Licensed Premises, and all equipment used therein, must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes. 9.10. Licensed sitesPremises are permitted under this chapterChapter under a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction shall be fire sprinkled per the Fire CodeCFC. For distributingDistribution sites that will be sitedsituated in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: a. A Group F-1 fire area exceeds 12,000 square feet. b. A Group F-1 fire area is located more than three stories above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet. 10.11. Suitability of the proposed property. Staff reserves the right to require a licensed distributionDistribution facility to install air scrubbers or a filtration system capable of eliminating odors from escaping the building if the facility is found to emit cannabis odors. D. Nonconforming Use. Any cannabis businessCommercial Cannabis Activity or 11 Ordinance 1460 - Page 13 of 25 cannabis dispensary established or operating in the cityCITY in violation of this Chapter, or the ban established by Part 10, of Chapter 153 Section 153.120.320 of the Baldwin Park Zoning Code, shall not be considered a lawful or permitted nonconforming use, and no cannabis businessCommercial Cannabis Activity operating unlawfully is eligible for a cannabis business permit.Permit. Further, any such unlawfully established cannabis businessCommercial Cannabis Activity shall constitute a public nuisance subject to abatement by the cityCITY, pursuant to Chapter 95, Section 95.09. E. Distances. All distances specified in this section shall be measured in the following manner: 1. For schools, day-care centersDay-Care, parks, or youth centers, the distance shall be measured in a straight line from the subject property line to the closest property line of the lot on which the cannabis businessCommercial Cannabis Activity is to be located without regard to intervening structures. 2. For determining distance to residential zones, the distance shall be measured in a straight line from the subject building to the closest dwelling unit on the lot on which the cannabis business is to be located without regard to intervening structures. F. Factors Considered for Permit Approval. Approval of a permit shall take into account theconsider safety of the public, including, but not limited to, the following factors: 1. Suitability of the proposed property; 2. Suitability of the security plan; 3. Suitability of business plan and financial record keeping; 4. Criminal history; 5. Regulatory compliance history; 6. Good legal standing; 7. Community engagement; 8. Environmental impact; and 9. Labor relations. 127.08: No Transfer or Change in Ownership or Location . An owner of a cannabis businessOwner who obtains a permitPermit under this chapter may not sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her ownership interest in the commercial medical and adult cannabis businessCommercial Cannabis Activity covered by any permitPermit issued under this chapterChapter without a written request deemed appropriate by Chief Executive Office of the CityCITY, or his/her designees, and a City Council approved, fullfully executed, and effective development agreementDevelopment Agreement. The licensed premisesLicensed Premises shall only be the geographical area that is specifically and accurately described in executed documents verifying lawful possession. No Licensee is authorized to relocate to other areas or units within a building structure without first filing a change of location application, paying any applicable processing fees, and obtaining approval from the city councilCity Council, regardless of any possessory interest 11 Ordinance 1460 - Page 14 of 25 or right to possession to such additional space. 127.09: Altering or Modifying Location A. Lawful Possession. Persons permitted pursuant to the provisions of this chapter or those making application for such permits, must demonstrate proof of lawful possession of the licensed premisesLicensed Premises. Evidence of lawful possession consists of properly executed deeds of trust, leases, or other executed written documents. B. Modifying Location. No Licensee shall add additional units or areas, thereby altering the initially approved premises, without filing an application to modify the location on forms prepared by the Chief Executive Officer, paying any applicable processing fees, and obtaining approval from the city council. C. Subletting Not Authorized. No Licensee is authorized to sublet any portion of any Licensed Premises for any purpose, unless all necessary forms and application to modify the existing location to accomplish any subletting have been approved by the city council. D. Application Required to Alter or Modify Licensed Premises. After issuance of a permitPermit, the licenseeLicensee shall not make any physical change, alteration, or modification of the Licensed Premises that materially or substantially alters the premises, production estimates, or the usage of the premises from the plans originally approved with the development agreementDevelopment Agreement, without the prior written approval of the city councilCity Council or its designee. The licenseeLicensee whose premisesLicenses Premises are to be materially or substantially changed is responsible for filing an application for approval on current forms provided by the City. E. What Constitutes a Material Change. Material or substantial changes, alterations, or modifications requiring approval include, but are not limited to, the following: 1. Any increase or decrease in the total physical size or capacity of any licensed premises or Permit approved square footage; 2. The sealing off, creation of, or relocation of a common entryway, doorway, passage, or other such means of public ingress and/or egress, when such common entryway, doorway, or passage alters or changes limited access areas within the Licensed Premises; 3. The installation or replacement of electric fixtures or equipment, the lowering of a ceiling, or electrical modifications made for the purpose of increasing power usage to enhance cultivation activities. F. Application. The city councilCity Council or its designee may grant approval for the types of changes, alterations, or modifications described herein upon the filing of an application by the Licensee and payment of any applicable fee. The Licensee must submit all 11 Ordinance 1460 - Page 15 of 25 information requested by the city council or its designee including but not limited to documents that verify the following: 1. The Licensee will continue to have exclusive possession of the premises, as changed, by ownership, lease, or rental agreement, and sole control of all production; and 2. The proposed change conforms to any and all City restrictions related to the time, manner, and place of regulation of the commercial cannabis activity. /// /// 127.10: Grounds for Denial of Permit-Additional Conditions Imposed A. Rejection; Findings. The chiefChief Executive Officer or designee may reject an application upon making any of the following findings: 1. The applicantApplicant made one or more false or misleading statements or omissions on the registration application or during the application process; 2. The applicant'sApplicant's business entity, if applicable, is not properly organized and is not in “good standing,” in strict compliance pursuant to the applicable law, rules, and regulations; 3. The applicantApplicant fails to meet the requirements of this chapter or any regulation adopted pursuant to this chapterChapter; 4. The applicant'sApplicant's facility or its location is in violation of any building, zoning, health, safety, or other provision of this Code, or of any state or local law or the facility or its location is not permitted in the proposed area, or th e issuing or continuation of a permit would be contrary to the public health, welfare, safety, or morals; 5. The applicantApplicant, or any of its officers, directors, owners, managers, or employees is under twenty-one (21) years of age; 6. The applicantApplicant, or any of its officers, directors, or owners, or any personPerson who is managing or is otherwise responsible for the activities of the Licensed PremisePremises, or any employee who participates in the dispensing, cultivation, processing, manufacturing, distributing, delivery, or transporting of medical and/or adult commercial cannabis and/or cannabis products or who participates in the daily operations of the medical and/or adult use commercial cannabis facility, has been convicted of a violent felony, a felony or misdemeanor involving fraud, deceit, embezzlement, or moral turpitude; 7. The applicantApplicant or any of its officers, directors, owners, or managers is a licensed physician making patient recommendations for cannabis; 11 Ordinance 1460 - Page 16 of 25 8. The applicantApplicant or any of its officers, directors, owners, or managers has been sanctioned by the CityCITY, the State of California, or any county for unregistered medical cannabis activities or has had a registration revoked under this chapter in the three (3) years; 9. The applicantApplicant did not pay to the cityCITY the required application and processing fees; 10. Good cause exists to deny the application, as defined in this chapter. 11. Applicant's application does not reflect the purpose of this chapter, to promote the health, safety, morals, and general welfare of residents and businesses within the cityCITY. 127.11: Security A. General Security Requirements 1. Security cameras shall be installed and maintained in good working condition, and used in an on-going manner with at least 240 continuous hours of digitally recorded documentation in a format approved by the Chief of Police and/or his designee. The cameras shall be in use 24 hours per day, 7 days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, manufacturing or cultivation areas, all doors and windows, and any other areas as determined by the Chief of Police and/or his designee. 2. Entrances to any storage areas shall be locked at all times and under the control of Licensee's staff. 3. The business entrance(s) and all window areas shall be illuminated during evening hours. The applicant shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc., and secure the necessary approvals and permits as needed. 4. All windows on the Licensee's building shall be unopenable or locked and all product securely stored. 5. Each Licensee shall implement a system to track the cultivation and manufacturing of cannabis in order to prevent the Licensee from diverting or transporting cannabis to any location not authorized by state laws or any local law or regulation. 6. All waste and disposal containers shall be stored in a secure area, and under the control of Licensee's staff. B. Security Alarm Systems - Minimum Requirements 11 Ordinance 1460 - Page 17 of 25 1. Each Licensed Premises shall have a Security Alarm System, installed by a licensed alarm company that alters the alarm monitoring company on all premises entry points and windows. 2. Each Licensed Premises must be continuously monitored by an alarm monitoring company. 3. The Licensed Premises shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises. 4. Upon request, each licensee shall make available to the Chief Executive Officer or any state or local law enforcement agency, for a purpose authorized by this chapter or state or local law enforcement purpose, all information related to security alarm systems, recordings, monitoring, and alarm activity. C. Lock Standards-Minimum Requirement. On all doors, the Licensee shall ensure the use of commercial-grade, nonresidential door locks. D. Video Surveillance Requirements: 1. Prior to exercising the privileges of a permit under this chapter, an applicant must install fully operational video surveillance and camera recording system. The recording system must record in digital format and meet the requirements outlined in this Section. 2. All physical, non-cloud based, video surveillance recordings must be stored in a secure area that is only accessible to the management staff of the Licensed Premises. 3. Video surveillance records and all recordings must be made available upon request to the Chief of Police or any other state or local law enforcement agency for a purpose authorized by this chapter or for any other state or local law enforcement purpose. 4. Video surveillance records shall be held in confidence by all employees and representatives of the Chief Executive Officer, except that the Chief of Police or his designee may provide such records and recordings to a state or local law enforcement agency for a purpose authorized by this Chapter or for a state or local law enforcement purpose. 5. A sign shall be posted in a conspicuous place near each point of entry and/or exit that shall be not less than 12 inches wide and 12 inches high, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera" or "These Premises Are Being Digitally Recorded" or other similar language advising all persons entering the Licensed Premises that a video surveillance and camera recording system is in operation at the Licensed Premises and recording all activity as provided in this Chapter. 11 Ordinance 1460 - Page 18 of 25 6. The Licensed Premises shall use video surveillance equipment and a camera system that can be accessed remotely 24 hours a day by the Baldwin Park Police Department and the City, as specified in each development agreement. E. Video Surveillance Equipment 1. Video surveillance equipment shall, at a minimum, consist of digital or video recorders, cameras capable of meeting the recording requirements described in this section, video monitors, digital archiving devices, and a color printer capable of delivering still photos. 2. All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the licensed permit holder of any prolonged surveillance interruption and/or the complete failure of the surveillance system. 3. Licensed Premises are responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored areas. 4. All video surveillance equipment shall have sufficient battery backup to support a minimum of 4 hours of recording in the event of a power outage. F. Placement of Cameras and Required Camera Coverage 1. Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities on the Licensed Premises. 2. All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points. 3. The system shall be capable of recording all pre-determined surveillance areas in any lighting conditions. If the Licensed Premises has a cannabis cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes. 4. Areas in which cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment. 5. Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur. 6. At least one camera must be dedicated to record the access points to the secured surveillance recording area. 11 Ordinance 1460 - Page 19 of 25 7. All outdoor cultivation areas must meet the same video surveillance requirements applicable to any other indoor Limited-Access Areas. G. Location and Maintenance of Surveillance Equipment 1. Surveillance recording equipment must be housed in a designated, locked, and secured enclosure with access limited to authorized employees, agents of the Chief Executive Officer, state or local law enforcement agencies for a purpose authorized by this chapter or for any other state or local law enforcement purpose, and service personnel or contractors. 2. The Licensee must keep a current list of all authorized employees and service Personnel who have access to the surveillance system and/or room on the Licensed Premises. Licensed Premises must keep a surveillance equipment maintenance activity log on the Licensed Premises to record all service activity, with the identity of the individual(s) performing the service, the service date and time, and the reason for service to the surveillance system. 3. Each Licensed Premises located in a shared building must have a separate surveillance room/area that is dedicated to that specific Licensed Premises. All minimum requirements for equipment and security standards as set forth in the section apply to the review station. H. Video Recording and Retention Requirements 1. All camera views of all recorded areas must be continuously recorded 24 hours a day. 2. All surveillance recordings must be kept for a minimum of 90 days and be in a format that can be easily accessed for viewing on premises. Video recordings must be archived in a format that ensures authentication of the recording as legitimately- captured video and guarantees that no alteration of the recorded image has taken place. 3. The surveillance system or equipment must have the capabilities to produce a color still photograph from any camera image, live or recorded. 4. The date and time must be embedded on all surveillance recordings without significantly obscuring the picture. 5. Time is to be measured in Pacific Standard Time in accordance with the U.S. National Institute of Standards and Technology. 6. After the 90-day surveillance video retention schedule has lapsed, surveillance video recordings must be erased or destroyed prior to being discarded or disposed of for any other purpose. Surveillance video recordings may not be destroyed if the licensed Permit Holder knows or should have known of a pending criminal, civil, or administrative 11 Ordinance 1460 - Page 20 of 25 investigation or any other proceeding for which the recording may contain relevant information. I. Other Records All records applicable to the surveillance system and cannabis tracking system shall be maintained on the Licensed Premises. At a minimum, Licensed Premises shall maintain a map of the camera locations, direction of coverage, camera numbers, surveillance equipment maintenance activity log, user authorization list, and operating instructions for the surveillance equipment. J. Suitability of Security Plan The applicant’sApplicant’s security plan shall include twenty-four (24) hours per day security. The presence of security personnel on premises and/or periodic patrolling of the premises within the twenty-four (24) hours per day is permitted. 127.12: Fees and Charges. A. K. Applicable Fees Prior to operating in the cityCITY, the commercial cannabis permit holder for each licensed premisesLicensed Premises shall timely and fully pay all fees associated with the establishment of that business. The fees shall be as set forth in the schedule of fees and charges established by resolution of the city council, including, but not limited to, the following: 1. Application fee for accepting a registration application; due and payable in full at the time an application is submitted; 2. Processing fee for the cost to the cityCITY of processing an application and reviewing, investigating, and scoring each application in accordance with any evaluation system to determine eligibility for issuance of a Permit, due and payable in full at the time a registration application is submitted; 3. Permit issuance fee for the cost to the city of preparing a development agreement, city councilDevelopment Agreement, City Council review and approval of the development agreementDevelopment Agreement and the Permit, and preparation and issuance of the Permit as authorized by the city councilCity Council, due and payable in full at the time the city issues a Permit; 4. Amended registration fee for the cost to the cityCITY of reviewing amendments or changes to the registration form previously filed on behalf of the Licensed Premises; due and payable in full at the time amendments or changes to any Permit form is submitted to the cityCITY; 5. Permit renewal fee for the cost to the city of processing an application to renew a Permit; due and payable in full at the time application is made to renew a Permit; 11 Ordinance 1460 - Page 21 of 25 6. Any fees for inspection or investigation that are not included within the other fees associated with registration; due and payable in full upon request of the cityCITY; and 7. Any fees set forth in the applicable development agreementDevelopment Agreement. /// /// /// 127.13: Limitations on City's liability A. No CITY Liability. To the fullest extent permitted by law, the CityCITY does not assume any liability whatsoever, with respect to approving any permitPermit pursuant to this chapter or the operation of any cannabis facilityCommercial Cannabis Activity approved under to this chapterChapter. B. Indemnity and Insurance. As a condition of approval of a permitPermit, as provided in this chapter, the applicantApplicant or its legal representative shall do the following: 1. Execute an agreement indemnifying the cityCITY from any claims, damages, injuries, or liabilities of any kind associated with the registration or operation of the cannabis facility or the prosecution of the cannabis facility or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers for violation of federal or state laws; 2. Maintain insurance in the amounts and of the types that are acceptable to the city Council or designee; 3. Name the CityCITY as an additional insured on all CityCITY-required insurance policies; 4. Agree to defend, at its sole expense, any action against the CityCITY, its agents, officers, and employees related to the approval of the Licensee’s regulatory permit; and 5. Agree to reimburse the CityCITY for any court costs and attorney fees that the CityCITY may be required to pay as a result of any legal challenge related to the City'sCITY's approval of the Licensee’s regulatory permit.Permit. The CityCITY may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder. 11 Ordinance 1460 - Page 22 of 25 127.14. Inspections A. Right to Inspect. The Chief Executive Officer, Chief of Police or their designees, shall have the right to enter all Licensed Premises, from time to time, unannounced during the facility's hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this chapterChapter, to inspect and copy records required to be maintained under this chapterChapter, or to inspect, view, and copy recordings made by security cameras, all without requirement for a search warrant, subpoena, or court order, and subject to appropriate fees as specified in the development agreement. B. Noncompliant Operations. Operation of a Licensed Premises in noncompliance with any conditions of approval or the provisions of this chapter shall constitute a violation of the Code and shall be enforced pursuant to the provisions of this Code. C. Revocation of Permit. The Chief Executive Officer or designee may summarily suspend or revoke a Permit, or disqualify an applicant from the registration process, or elect not to renew a regulatory permit if any of the following, singularly or in combination, occurs: 1. The Chief Executive Officer or designee determines that the cannabis facility has failed to comply with any requirement of this chapter or the approved development agreement or any condition of approval or a circumstance or a situation has been created that would have permitted the Chief Executive Officer or designee to deny the regulatory permit under this chapter or elect not to renew or revoke the permit under this chapter; 2. The licenseeLicensee or applicantApplicant has conducted itself or is being conducted in a manner that creates or results in a public nuisance, as defined in Chapter 95 of the Baldwin Park Municipal Code;BPMC; 3. The licenseeLicensee Premises ceased operations for more than 90 calendar days, including during change-of-ownership proceedings; 4. Ownership is changed without the City Council approval and authorization under this chapterChapter; 5. The licenseeLicensee relocates to a different location or premises without City Council approval and authorization; and 6. The licenseeLicensee fails to allow inspection or copying of the security recordings or the activity logs or records required to be kept under this chapter or denies entry to the premises to city officials authorized to inspect the premises. D. Abatement 11 Ordinance 1460 - Page 23 of 25 D. . The cityCITY shall initiate abatement proceedings as authorized by the Code, if necessary, to correct any violation of this chapterChapter or Code. E. Violation Deemed Misdemeanor -Penalty E. . Any personPerson violating any of the provisions of this chapterChapter or any applicable rule in this chapter or Code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by the maximum penalties provided for in the Penal Code section 19. 127.15: Public Nuisance Prohibited It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge of any parcel within the city to create a public nuisance in the course of cultivating, manufacturing, testing, or distributing cannabis or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist, if such activity produces: A. Odors. Odors which are disturbing to people of reasonable sensitivity or present on adjacent or nearby property or areas open to the public. B. Repeated Responses. Repeated responses to the Licensed Premises by law enforcement personnel. C. Disruption to Free Passage. A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise, exceeding the noise levels set by Baldwin Park Zoning Code Section 153.140.070, which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public. D. Other Disruption Activity. Any other impacts on the neighborhood that are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the building, excessive vehicular traffic or parking occurring at or near Premises, and excessive noise emanating from the Premises. E. Outdoor Commercial Cannabis Activity. Outdoor growing and cultivation of cannabis. 127.16: Appeals Any decision regarding or pertaining to the permit process set forth in this chapterChapter, or any action taken by the Chief Executive Officer or designee pursuant hereto, may be appealed to the city councilCity Council. Such appeal shall be taken by filing with the city clerk, within ten (10) days after notice of the action or decision complained of has been issued, a written statement setting forth the grounds for the appeal. The city clerkCity Clerk shall transmit the written statement to the city council, and at its next regular meeting, the council shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be mailed to the appellant. The decision of the city councilCity Council on such appeal shall 11 Ordinance 1460 - Page 24 of 25 be final and binding on all parties concerned. 127.17: Statewide Regulation. This chapterChapter, and the provisions herein, shall be read consistent with any statewide regulation of cannabisCommercial Cannabis Activity now and in the future. This ordinance shall govern the conduct of a business allowed to operate a commercial cannabis activity in the CityCITY. 127.17: Interpretation. The provisions of this chapterChapter shall be read to be consistent with State laws, this chapter, and this Code. At no time shall a commercial cannabis businessCommercial Cannabis Activity in compliance with state law and this Code be deemed to be an unlawful business. 127.18: Severability. Should any provision of this chapter, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable, or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance, and the provisions of this chapter are severable. SECTION 2. If any section, subsection, sentence, clause, phrase, or word of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion or the ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. 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 ____ day of _____, 2021, and adopted and ordered published at a regular meeting of said Council on the ____th day of _____, 2021. PASSED, APPROVED, AND ADOPTED ON THE ____ DAY OF SEPTEMBER 2021. ___________________________________ EMMANUEL J. ESTRADA, MAYOR ATTEST: 11 Ordinance 1460 - Page 25 of 25 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) S S 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 _____, 2021. Thereafter, said Ordinance No. 1460 was duly approved and adopted at a regular meeting of the City Council on ___, 2021, by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________________ MARLEN GARCIA , CITY CLERK Ordinance No. 1461 - Page 1 of 9 ORDINANCE NO. 1461 AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 153 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS ACTIVITY WHEREAS, Chapter 153 of the Baldwin Park Municipal Code (“BPMC”) regulates Commercial Cannabis Activity within the Industrial Commercial and Industrial Zones in the City of Baldwin Park (“CITY”) pursuant to Table 153.050.020; and WHEREAS, Government Code Section 5022.7 permits the amendment of municipal codes as often as deemed necessary by the legislative body, and WHEREAS, pursuant to the California Environmental Quality Act (“CEQA”), Regulations, Section 15061(a)(3), the City Council of the City of Baldwin Park (“CITY”) has determined, with certainty, that the proposed action (“Project”) has no possibility that it will have a significant effect on the environment; and WHEREAS, the CITY has determined that the proposed action (“Project”) is exempt from CEQA, and WHEREAS, on September 8, 2021, after conducting a properly noticed public hearing, the Planning Commission adopted Resolution No. PC 21-11, recommending that the City Council amend Chapter 127 of the BPMC as it pertains to medical and adult use commercial cannabis. NOW THEREFORE, THE CITY COUNCIL OF THE CIT Y OF BALDWIN PAK DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Except as expressly modified pursuant to this Ordinance, all other provisions of Chapter 153 (“Zoning Code”) Section 153.120 entitled “Standards for Specific Land Uses and Activities” Part 10 & 18, shall remain unmodified and in full force and effect. All ordinances in conflict with the provisions hereof are superseded to the extent of such conflict. Section 2. Chapter 153 (“Zoning Code”) Section 153.120 entitled “Standards for Specific Land Uses and Activities” Part 18, shall be amended andto read as follows: PART 10 MEDICAL MARIJUANA/CANNABIS DISPENSARIES 153.120.330- Use Prohibited Medical Marijuana/Cannabis Dispensaries are prohibited in the cityCITY. /// /// Ordinance No. 1461 - Page 2 of 9 PART 18 Medical and Adult Cannabis Cultivation, Manufacturing and Distribution § 153.120.560 – Intent and Purpose The purpose of regulating commercial cannabis activity is to comply with California state law in a manner designed to minimize negative impact on the CityCITY, and to promote the health, safety, morals, and general welfare of residents and businesses with inwithin the CityCITY. § 153.120.570 – Use Regulations A. Chapter 127: Medical and Adult Use Commercial Cannabis. All commercial cannabis activity shall comply with all applicable provisions of Title XI, Chapter 127, Medical and Adult Use Commercial Cannabis, of this code. B. Outdoor Cultivation. Owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the CityCITY to use or allow such premise to be used for the outdoor cultivation of cannabis plants is prohibited in the CityCITY. C. Development Agreement Required. Prior to operating in the CityCITY and as a condition of issuance of a Permit, the applicant shall enter into a development agreementDevelopment Agreement (as governed by California Government Code Section 65864, et seq.) with the City setting forth the terms and conditions under which the facility will operate that is in addition to the requirements of Title XI, Chapter 127, 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 elevation, to conform with manufacturing uses under the Baldwin Park Municipal CodeBPMC), and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the CityCITY. D. Maximum Number of Commercial Cannabis Permits. No more than 25 (twenty-five) permits, each with a maximum of 22,000 square feet of permitted commercial cannabis useCommercial Cannabis Activity may be allowed, maintained, or operated in the CityCITY at any time.; except that, Dispensaries only, shall be allowed a maximum of 40,000 square feet. § 153.120.580 – Development Standards The development standards set forth in subchapter 153.050, Commercial and Industrial Zones, shall apply to commercial cannabis facilities, unless otherwise specified here. The location and types of commercial cannabis facilities shall be limited as follows: A. Proximity to schools, day-care centers, or youth centers. A commercial cannabis facility shall not be located within 600 feet of a school, day-care center, or youth center. Ordinance No. 1461 - Page 3 of 9 B. Proximity to residential zoning districts. A commercial cannabis facility shall not be located within fifty (50) feet from a dwelling unit within a residential zone,; except whenthat Commercial Cannabis Distribution may be allowed within a proximity of twenty (20) feet from a dwelling unit within a residential zone. However, when the Commercial Cannabis Activity is exclusively manufacturing food and/or edible cannabis products and no other products, and there is no on-site extraction of cannabis or cannabis products is taking place on the premises. A Manufacturing facility of edible cannabis products and no other products, and where no on-site extraction occurs shall not be located within , the proximity may be twenty-five (25) feet of a dwelling unit within a residential zone.; C. Maximum square footage. Each approved permit shall not exceed 22,000 square feet of commercial cannabis floor area.; except that Commercial Cannabis Distribution may be allowed not to exceed 40,000 square feet of commercial cannabis floor area; D. Facility. A commercial cannabis facility shall comply with the following: 1. All activity shall occur in an enclosed locked structure. Locks shall be of commercial grade. Residential door locks are prohibited; and 2. From a public right-of-way, there should be no exterior evidence of the manufacturing, cultivation and/or distribution of medical and adult use cannabis; and 3. All licensed sitesLicensed Premises shall comply with the City’sCITY’s lighting standards including, without limitation, fixture type, wattage, illumination levels, and shielding and secure the neccessary approvals and permits, as needed ; and 4. All windows on the licensed premisesLicensed Premises shall be appropriately secured and all cannabis securely stored ; and 5. All operations conducted within a licensed premisesLicensed Premises, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes; and 6. Areas that are wet locations, and the electrical system in such areas must comply with Title 8 of this code, Article 300.6(0) of the National Electric Code, City and California building codes, fire codes, electrical codes, and all other applicable laws; and 7. Licensed sitesPremises are permitted under this chapter under a Group F-1 (Factory Industrial Moderate-Hazard) Occupancy under the Fire Code. All new construction shall be fire sprinkled per the Fire Code. For all commercial cannabis facilities that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: Ordinance No. 1461 - Page 4 of 9 a. A Group F-1 fire area exceeds 12,000 square feet. b. A Group F-1 fire area is located more than 3 stores above grade plane. c. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet.; 8. All licensed manufacturing and cultivating premises shall possess air scrubbers or a filtration system capable of eliminating odors from escaping the building before operating ; and 9. Licensed distribution facility. Staff reserves the right to require a licensed distribution facility to install air scrubbers or a filtration system capable of eliminating odors from escaping the building if the facility is found to emit cannabis odors. 10. 10. The manufacture, distribution, and transportation of edible cannabis products shall be conducted in a manner that complies with all applicable food safety laws for the protection of humans consuming cannabis. 11. All products, storage facilities, utensils, equipment, and materials used for the manufacture of edible cannabis products shall be approved, used, managed, and handled in accordance to the provisions of all State and County Health and Safety Laws regarding the preparation, distribution, labeling, and sale of food. 12. Any manufacturing site that proposes to prepare, store, dispense, and distribute edible cannabis products shall comply with the relevant provisions of all State and County Health and Safety Laws regarding the preparation, distribution, labeling, and sale of food. 13. No food production shall be allowed in a facility where edible cannabis products are manufactured to avoid the unintentional contamination of non -cannabis foods with cannabis. 14. All owners, employees, volunteers, or other individuals that participate in the production of edible cannabis products shall be State certified food handlers. The valid certificate number of each such owner, employee, volunteer, or other individual shall be on record at the permitted premises where said individual participates in the production of edible cannabis products. E. Security. All security requirements set forth in Title XI, Chapter 127, Medical and Adult Use Commercial Cannabis, of this code are applicable. 1. Security cameras shall be installed and maintained in good working condition, and used in an on-going manner with at least 240 continuous hours of digitally recorded documentation in a format approved by the Chief of Police and/or his designee. The cameras shall be in use 24 hours per day, 7 days per week. The areas to be covered Ordinance No. 1461 - Page 5 of 9 by the security cameras include, but are not limited to, the storage areas, manufacturing or cultivation areas, all doors and windows, and any other areas as determined by the Chief of Police and/or his designee. 2. Entrances to any storage areas shall be locked at all times and under the control of Licensee's staff. 3. The business entrance(s) and all window areas shall be illuminated during evening hours. The applicant shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc., and secure the necessary approvals and permits as needed. 4. All windows on the Licensee's building shall be unopenable or locked and all product securely stored. 5. Each Licensee shall implement a system to track the cultivation and manufacturing of cannabis in order to prevent the Licensee from diverting or transporting cannabis to any location not authorized by state laws or any local law or regulation. 6. All waste and disposal containers shall be stored in a secure area, and under the control of Licensee's staff. 7. Each Licensed Premises shall have a Security Alarm System, installed by a licensed alarm company that alters the alarm monitoring company on all premises entry points and windows. 8. Each Licensed Premises must be continuously monitored by an alarm monitoring company. 9. The Licensed Premises shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises. 10. Upon request, each licensee shall make available to the Chief Executive Officer or any state or local law enforcement agency, for a purpose authorized by this chapter or state or local law enforcement purpose, all information related to security alarm systems, recordings, monitoring, and alarm activity. 11. Prior to exercising the privileges of a permit under this chapter, an applicant must install fully operational video surveillance and camera recording system. The recording system must record in digital format and meet the requirements outlined in this Section. 12. All physical non-cloud based video surveillance records must be stored in a secure area that is only accessible to the management staff of the Licensed Ordinance No. 1461 - Page 6 of 9 Premises. 13. Video surveillance records and all recordings must be made available upon request to the Chief of Police or any other state or local law enforcement agency for a purpose authorized by this chapter or for any other state or local law enforcement purpose. 14. Video surveillance records shall be held in confidence by all employees and representatives of the Chief Executive Officer, except that the Chief of Police or his designee may provide such records and recordings to a state or local law enforcement agency for a purpose authorized by this Chapter or for a state or local law enforcement purpose. 15. A sign shall be posted in a conspicuous place near each point of public access that shall be not less than 12 inches wide and 12 inches high, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera" or "These Premises Are Being Digitally Recorded" or otherwise advising all persons entering the Licensed Premises that a video surveillance and camera recording system is in operation at the Licensed Premises and recording all activity as provided in this Chapter. 16. The Licensed Premises should use video surveillance equipment and a camera system that can be accessed remotely 24 hours a day by the Baldwin Park Police Department and the City, as specified in each development agreement. 17. Video surveillance equipment shall, at a minimum, consist of digital or video recorders, cameras capable of meeting the recording requirements described in this section, video monitors, digital archiving devices, and a color printer capable of delivering still photos. 18. All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the Licensed Permit holder of any prolonged surveillance interruption and/or the complete failure of the surveillance system. 19. Licensed Premises are responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored areas. 20. All video surveillance equipment shall have sufficient battery backup to support a minimum of 4 hours of recording in the event of a power outage. 21. Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities on the Licensed Premises. Ordinance No. 1461 - Page 7 of 9 22. All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points. 23. The system shall be capable of recording all pre-determined surveillance areas in any lighting conditions. If the Licensed Premises has a cannabis cultivation area, a rotating schedule of lighted conditions and zero-illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes. 24. Areas in which cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room facing the primary entry door at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment. 25. Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur. 26. At least one camera must be dedicated to record the access points to the secured surveillance recording area. 27. All outdoor cultivation areas must meet the same video surveillance requirements applicable to any other indoor Limited-Access Areas. 28. Surveillance recording equipment must be housed in a designated, locked and secured room or other enclosure with access limited to authorized employees, agents of the Chief Executive Officer, state or local law enforcement agencies for a purpose authorized by this chapter or for any other state or local law enforcement purpose, and service personnel or contractors. 29. The Licensee must keep a current list of all authorized employees and service Personnel who have access to the surveillance system and/or room on the Licensed Premises. Licensed Premises must keep a surveillance equipment maintenance activity log on the Licensed Premises to record all service activity, with the identity of the individual(s) performing the service, the service date and time, and the reason for service to the surveillance system. 30. Off-site monitoring and video recording storage of the Licensed Premises or an independent third-party is authorized as long as standards exercised at the remote location meets or exceeds all standards for on-site monitoring. 31. Each Licensed Premises located in a shared building must have a separate surveillance room/area that is dedicated to that specific Licensed Premises. All minimum requirements for equipment and security standards as set forth in the section apply to the review station. Ordinance No. 1461 - Page 8 of 9 32. All camera views of all recorded areas must be continuously recorded 24 hours a day. 33. All surveillance recordings must be kept for a minimum of 90 days and be in a format that can be easily accessed for viewing on premises. Video recordings must be archived in a format that ensures authentication of the recording as legitimately-captured video and guarantees that no alteration of the recorded image has taken place. 34. The surveillance system or equipment must have the capabilities to produce a color still photograph from any camera image, live or recorded. 35. The date and time must be embedded on all surveillance recordings without significantly obscuring the picture. 36. Time is to be measured in Pacific Standard Time in accordance with the U.S. National Institute of Standards and Technology. 37. After the 90-day surveillance video retention schedule has lapsed, surveillance video recordings must be erased or destroyed prior to being discarded or disposed of for any other purpose. Surveillance video recordings may not be destroyed if the Permit Holder knows or should have known of a pending criminal, civil, or administrative investigation or any other proceeding for which the recording may contain relevant information. SECTION 2. If any section, subsection, sentence, clause, phrase or word of this ordinance is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this ordinance. The City Council hereby declares that it would have adopted this ordinance, and each and every section, subsection, sentence, clause or phrase not declared invalid or unconstitutional without regard to whether any portion or the ordinance would be subsequently declared invalid or unconstitutional. SECTION 3. 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 ____ day of __________, and adopted and ordered published at a regular meeting of said Council on the ______ day of ___________, 2021. PASSED AND APPROVED AND ADOPTED ON THE ____ DAY OF SEPTEMBER 2021. Ordinance No. 1461 - Page 9 of 9 ___________________________________ EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) S S : 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 _______, 2021. Thereafter, said Ordinance No. 1461 was duly approved and adopted at a regular meeting of the City Council on ___, 2021 by the following vote, to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ______________________________________ MARLEN GARCIA CITY CLERK hire locally; work closely with the City to serve the community through workforce development projects; and build relationships with local operators and other business owners. increasing the amount of security throughout the neighborhood by placing exterior cameras at our business and having a security guard present 24-hours a day; creating no negative impacts for the neighborhood; and implementing transportation policies with zero traffic impact on the neighborhood. Baldwin Park Distribution, LLC is happy to answer any questions residents might have about our business and our facility. Who We Are: We are a business applying for a commercial cannabis distribution license. We are excited to join the Baldwin Park community and plan to: We are highly experienced operators focused on the safety and security of our team and neighbors, we look forward to: The Baldwin Park City Council is reviewing our project proposal at their upcoming meeting - we would like the opportunity to earn your support. Please let us know if you have any questions or concerns! Do you have questions, comments or concerns? Please email baldwinparkdistro@stachs.co or call 213-327-5777 to get in touch. We are happy to address any questions or concerns you may have. Sincerely, Tony Kim - CEO, Stachs LLC 14030 Live Oak Blvd. contratar localmente; trabajar en estrecha colaboración con la ciudad para servir a la comunidad a través de proyectos de desarrollo de la fuerza laboral; y entablar relaciones con operadores locales y otros propietarios de empresas. aumentar la cantidad de seguridad en todo el vecindario al colocar cámaras exteriores en nuestro negocio y tener un guardia de seguridad presente las 24 horas del día; no generar impactos negativos para el vecindario; implementar políticas de transporte con cero impacto de tráfico en el vecindario. Baldwin Park Distribution, LLC está feliz de responder cualquier pregunta que los residentes puedan tener sobre nuestro negocio y nuestras instalaciones. Quienes Somos: Somos una empresa que solicita una licencia de distribución comercial de cannabis. Estamos emocionados de unirnos a la comunidad de Baldwin Park y planeamos Somos operadores altamente experimentados enfocados en la seguridad de nuestro equipo y vecinos, esperamos: El Ayuntamiento de Baldwin Park está revisando nuestra propuesta de proyecto en su próxima reunión; nos gustaría tener la oportunidad de ganarnos su apoyo. Háganos saber si tiene alguna pregunta o inquietud. Tiene preguntas, comentarios o inquietudes? Envíe un correo electrónico a baldwinparkdistro@stachs.co o llame a 213-327-5777 para ponerse en contacto. Estaremos encantados de responder cualquier pregunta o inquietud que pueda tener. Atentamente, Tony Kim - CEO, Stach LLC 14030 Live Oak Blvd. hire locally; work closely with the City to serve the community through workforce development projects; and build relationships with local operators and other business owners. increasing the amount of security throughout the neighborhood by placing exterior cameras at our business and having a security guard present 24-hours a day; creating no negative impacts for the neighborhood; and implementing transportation policies with zero traffic impact on the neighborhood. Baldwin Park Distribution, LLC is hosting an informational meet & greet in order to answer any questions residents might have about our business and our facility. Who We Are: We are a business applying for a commercial cannabis distribution license. We are excited to join the Baldwin Park community and plan to: We are highly experienced operators focused on the safety and security of our team and neighbors, we look forward to: The Baldwin Park City Council is reviewing our project proposal at their upcoming meeting - we would like the opportunity to earn your support. Please join us if you have any questions or concerns! Where & When: 14030 Live Oak Blvd. (parking lot) Thursday 4/29, 6pm - 7pm Do you have questions, comments or concerns, but are unable to attend the meeting? Please email baldwinparkdistro@stachs.co or call 213-327-5777 to get in touch. We are happy to address any questions or concerns you may have. Sincerely, Tony Kim - CEO, Stachs LLC You Are Invited! 14030 Live Oak Blvd. contratar localmente; trabajar en estrecha colaboración con la ciudad para servir a la comunidad a través de proyectos de desarrollo de la fuerza laboral; y entablar relaciones con operadores locales y otros propietarios de empresas. aumentar la cantidad de seguridad en todo el vecindario al colocar cámaras exteriores en nuestro negocio y tener un guardia de seguridad presente las 24 horas del día; no generar impactos negativos para el vecindario; implementar políticas de transporte con cero impacto de tráfico en el vecindario. Baldwin Park Distribution, LLC está organizando un encuentro y saludo informativo para responder cualquier pregunta que los residentes puedan tener sobre nuestro negocio y nuestras instalaciones. Quienes Somos: Somos una empresa que solicita una licencia de distribución comercial de cannabis. Estamos emocionados de unirnos a la comunidad de Baldwin Park y planeamos Somos operadores altamente experimentados enfocados en la seguridad de nuestro equipo y vecinos, esperamos: El Ayuntamiento de Baldwin Park está revisando nuestra propuesta de proyecto en su próxima reunión; nos gustaría tener la oportunidad de ganarnos su apoyo. ¡Únase a nosotros si tiene alguna pregunta o inquietud! Donde y Cuando: 14030 Live Oak Blvd. (estacionamiento) Jueves 4/29, 6pm - 7pm Tiene preguntas, comentarios o inquietudes, pero no puede asistir a la reunión? Envíe un correo electrónico a baldwinparkdistro@stachs.co o llame a 213-327-5777 para ponerse en contacto. Estaremos encantados de responder cualquier pregunta o inquietud que pueda tener. Atentamente, Tony Kim - CEO, Stach LLC ¡Estas Invitado! 14030 Live Oak Blvd. STAFF REPORT ITEM NO. _______16__________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer PREPARED BY: Benjamin Martinez, Community Development Director DATE: October 20, 2021 SUBJECT: Baldwin Park Housing and Planning Discussion SUMMARY The City Council requested a report be prepared that outlined Baldwin Park’s housing needs along with a proposal of how current funding resources can be utilized to build affordable housing units to realize that need; for discussion purposes only. RECOMMENDATION It is recommended that the City Council accept and file this report. FISCAL IMPACT There is no impact to the General Fund. The various affordable housing funding resources are granted to the City of Baldwin Park from the Federal Department of Housing and Urban Development (“HUD”) and the California State Department of Housing and Community Development (“HCD”), along with other local resources. BACKGROUND The City of Baldwin Park’s Community Development Department (“CDD”) is responsible for providing planning and financial assistance to developers pursuing affordable housing for low- and moderate- income (“Low-Mod”) families. The department provides planning guidance and technical support through the entitlement process including assistance with density bonus regulations that encourage higher-density developments. Funding resources come HUD and HCD, along with other local resources. The City also operates a Public Housing Authority (“PHA”) that owns and operates the 12-unit McNeill Manor development for low-income seniors located adjacent to Morgan Park. The PHA also issue Section 8 vouchers to low-income households for rental assistance. During the pandemic, the CDD PHA received specialized funding to provide emergency rental assistance, reimbursement costs associated with the spread of COVID, testing and other programs. The draft Housing Needs and Planning Report outlines the following in Baldwin Park: 1. Local housing needs 2. Housing financial resources 3. Capacity to build and deliver Low Mod housing units Staff is still preparing this report and will circulate next week before the City Council Meeting on October 20th. Staff will present a Power Point to guide the discussion. LEGAL REVIEW Legal review is not required for this staff report ALTERNATIVES The are no alternatives to this report. ATTACHMENTS 1. Draft Baldwin Park Housing Needs and Planning Report (to be circulated next week). AGENDA BALDWIN PARK FINANCE AUTHORITY REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 October 20, 2021 7:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at: https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Chair Alejandra Avila - Vice Chair Daniel Damian - Board Member Monica Garcia - Board Member Paul C. Hernandez - Board Member PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. COMENTARIOS DEL PÚBLICO Se invita al público a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que esté bajo su jurisdicción. De acuerdo con el capítulo 39 del Código Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reunión. FINANCE AUTHORITY REGULAR MEETING – 7:00 PM CALL TO ORDER ROLL CALL Board Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Vice Chair Alejandra Avila, and Chair Emmanuel J. Estrada PUBLIC COMMUNICATIONS THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] 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 7:00 PM to 8:00 PM on October 20, 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. If you are a non-English Speaker and require translation services in another language other than Spanish, 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 1. Treasurer’s Report – July 2021 Staff recommends that the Board receive and file the Treasurer’s Report for July 2021. 2. Treasurer’s Report – August 2021 Staff recommends that the Board receive and file the Treasurer’s Report for August 2021. ADJOURNMENT CERTIFICATION PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at 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 II) I, Marlen Garcia, Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of October, 2021. Marlen Garcia, City Clerk STAFF REPORT ITEM NO. ________1_________ TO: Honorable Chair and Board Members of the Financing Authority FROM: Rose Tam, Director of Finance DATE: October 20, 2021 SUBJECT: Treasurer’s Report – July 2021 SUMMARY Attached is the Treasurer’s Report for the month of July 2021. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer’s Report for July 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit “A”, Treasurer’s Report STAFF REPORT ITEM NO. ________2_________ TO: Honorable Chair and Board Members of the Financing Authority FROM: Rose Tam, Director of Finance DATE: October 20, 2021 SUBJECT: Treasurer’s Report – August 2021 SUMMARY Attached is the Treasurer’s Report for the month of August 2021. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer’s Report for August 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit “A”, Treasurer’s Report AGENDA BALDWIN PARK HOUSING AUTHORITY REGULAR MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 October 20, 2021 7:00 PM THE COUNCIL CHAMBER WILL BE OPEN TO THE PUBLIC IN ACCORDANCE WITH HEALTH OFFICIALS RECOMMENDATIONS. Audio Streaming will be available at: https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber http://baldwinpark.granicus.com/ViewPublisher.php?view_id=10 Audio Streaming Simultaneously in Spanish will be available at: https://www.youtube.com/channel/UC3bPFBIHcoPIks1XqetmGcA Emmanuel J. Estrada - Chair Alejandra Avila - Vice Chair Daniel Damian Board Member Monica Garcia - Board Member Paul C. Hernandez - Board Member PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. COMENTARIOS DEL PÚBLICO Se invita al público a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que esté bajo su jurisdicción. De acuerdo con el capítulo 39 del Código Municipal de la Ciudad de Baldwin Park, los comentaros deben se dirigidos al Concilio como una sola entidad, y no ser impertinentes, difamatorios, o profanos, o interrumpir la paz de la reunión. HOUSING AUTHORITY REGULAR MEETING – 7:00 PM CALL TO ORDER ROLL CALL Board Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Vice Chair Alejandra Avila, and Chair Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos será el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista algúna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciónes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas proximas. [Codigo de Gobierno §54954.2] 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 7:00 PM to 8:00 PM on October 20, 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. If you are a non-English Speaker and require translation services in another language other than Spanish, 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 1. Baldwin Park Housing Authority’s Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. 2. Treasurer’s Report – July 2021 Staff recommends that the Board receive and file the Treasurer’s Report for July 2021. 3. Treasurer’s Report – August 2021 Staff recommends that the Board receive and file the Treasurer’s Report for August 2021. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at 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 II) CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Request by Mayor Emmanuel J. Estrada • Mayor Estrada requests City Council discussion and direction for staff to begin discussions with the Department of Housing and Urban Development (HUD) to improve the McNeill Manor senior housing project including the adjacent city-owned property currently occupied by the Teri G. Muse Family Service Center with the condition that existing residents will be not be displaced or pay additional rent and an alternative location can be found for the senior center that will enhance service delivery to the community. ADJOURNMENT CERTIFICATION I, Marlen Garcia, Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of October, 2021. Marlen Garcia, City Clerk STAFF REPORT ITEM NO. ________1_________ TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: October 20, 2021 SUBJECT: Baldwin Park Housing Authority’s Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority was $ 487,561.12. 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 meeting and the following is a summary of the payment released: 1. The August 11 to September 27,2021 Warant check numbers from 72465 through 72474 in the amount of $3,687.42 and Automated Clearing House (ACH) In the amount of $483,873.70 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Happy Check Register STAFF REPORT ITEM NO. ________2_________ TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: October 20, 2021 SUBJECT: Treasurer’s Report – July 2021 SUMMARY Attached is the Treasurer’s Report for the month of July 2021. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer’s Report for July 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit “A”, Treasurer’s Report STAFF REPORT ITEM NO. _________3________ TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: October 20, 2021 SUBJECT: Treasurer’s Report – August 2021 SUMMARY Attached is the Treasurer’s Report for the month of August 2021. The Treasurer’s Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City’s Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer’s Report for August 2021. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer’s Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit “A”, Treasurer’s Report Any written public record relating to an agenda item for an open session of a regular meeting of the Baldwin Park Charitable Relief Foundation that is distributed less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk’s office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) AGENDA BALDWIN PARK CHARITABLE RELIEF FOUNDATION [BPCRF] OCTOBER 20, 2021 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Emmanuel J. Estrada - Chair Alejandra Avila - Vice Chair Daniel Damian - Board Member Monica Garcia - Board Member Paul C. Hernandez - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Board of Directors on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al público a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que esté bajo su jurisdicción. Si usted desea la oportunidad de dirigirse a la Agencia, podrá hacerlo durante el período de Comentarios del Público (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un intérprete para su conveniencia. PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at aavila@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) BALDWIN PARK CHARITABLE RELIEF FOUNDATION (BPCRF) REGULAR MEETING – 7:00 PM CALL TO ORDER ROLL CALL Board Members: Daniel Damian, Monica Garcia, Paul C. Hernandez, Vice Chair Alejandra Avila and Chair Emmanuel J. Estrada PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos será el límite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMISIÓN No se podrá tomar acción en algún asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podrán: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideración en juntas próximas. [Codigo de Gobierno §54954.2] NEW BUSINESS 1. APPROVE MEETING MINUTES OF THE BALDWIN PARK CHARITABLE RELIEF FOUNDATION It is recommended that the Board of Directors approve the Meeting Minutes of the Regular Meeting of the Baldwin Park Charitable Relief Foundation held on November 4, 2020. 2. BALDWIN PARK CHARITABLE RELIEF FOUNDATION ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2021. It is recommended that the Board of Directors receive and file BPCRF’s Annual Financial Report for the fiscal year ended June 30, 2021. 3. APPROVE RESOLUTION FOR THE PARTICIPATION IN THE NAVIDAD EN EL BARRIO CHRISTMAS CAMPAIGN. It is recommended that the Board of Directors approve the Resolution authorizing the Baldwin Park Charitable Relief Foundation to participate in the 2021 Navidad en el Barrion, Inc. Christmas Campaign. ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy Secretary of the Baldwin Park Charitable Relief Foundation hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 14th day of October, 2021. Lourdes Morales, Chief Deputy Secretary Page 1 of 2 ITEM NO. 1 MINUTES BALDWIN PARK CHARITABLE RELIEF FOUNDATION REGULAR MEETING November 4, 2020, 7:00 P.M. COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order at 7:12 P.M. by Mayor Lozano. ROLL CALL PRESENT: Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Monica Garcia Vice Chair Paul C. Hernandez Chair Manuel Lozano PUBLIC COMMUNICATIONS Chairman Lozano opened Public Communications at 8:22 P.M. Seeing no one wishing to speak, Public Communications closed at 8:23 P.M. NEW BUSINESS 1) Approve Meeting of the BPCRF, the Board of Directors receive and file BPCRF’s Meeting Minutes of the Regular Meeting of the Baldwin Park Charitable Relief Foundation held on November 6, 2019; and 2) Approve Resolution for the participation in the Navidad en el Barrio Christmas Campaign; A motion to approve items 1 thru 2 by Chairman Lozano, seconded by Vice Chair Hernandez, and carried 5 – 0 to receive and file. AYES: Avila, Ayala, Garcia, Hernandez, Lozano NOES: None. ABSENT: None. ABSTAIN: None. Page 2 of 2 ADJOURNMENT There being no further business, Chairman Lozano made a motion, seconded by Vice Chair Hernandez, to adjourn the meeting. The motion carried 5 – 0 to adjourn at 8:23 P.M. AYES: Avila, Ayala, Garcia, Hernandez, Lozano NOES: None. ABSENT: None. ABSTAIN: None. Emmanuel J. Estrada, Chairman ATTEST: Manuel Carrillo Jr., Secretary APPROVED:___________________ STAFF REPORT ITEM NO. ________2_________ TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: October 20, 2021 SUBJECT: BALDWIN PARK CHARITABLE RELIEF FOUNDATION ANNUAL FINANCIAL REPORT FOR THE FISCAL YEAR ENDED JUNE 30, 2021 SUMMARY The purpose of this memorandum is to present Baldwin Park Charitable Relief Foundation’s (BPCRF) Annual Financial Report for the fiscal year ended June 30, 2021. RECOMMENDATION It is recommended that the Board Directors receive and file BPCRF’s Annual Financial Report for the fiscal year ended June 30, 2021. FISCAL IMPACT None BACKGROUND The Baldwin Park Charitable Relief Foundation was incorporated on August 4, 2015, ratified, and approved by the City of Baldwin Park on October 21, 2015 as California tax-exempt, non-profit corporation. The key component of the BPCRF is its ability to solicit funds from private funding sources that are specifically allocated to non-profit organizations (such as grants, private donations, gifts, etc.) Its specific charitable and public purposes are to pursue lessening the burdens of government and promoting the social welfare to members of the community who are economically disadvantaged, suffering financial difficulties or homeless. This non-profit organization helps by providing local residents additional opportunities for funding sources which could support services and programs meeting their social, physical, and developmental needs. Basic necessities of life such as emergency food, emergency shelter and/or housing are provided based on available funding. The attached Annual Financial Report summarizes the financial activities and financial position of BPCRF for the fiscal year ended June 30, 2021. LEGAL REVIEW Not Applicable ATTACHMENT 1. BPCRF Annual Financial Report for the Fiscal Year Ended June 30, 2021 ASSETS Cash $39,533.82 NET POSITION Restricted Name of the program?Community Relief Program 8,086.51 Santa Clothes Program 12,998.75 Recreational Scholarship Program 1,642.25 Food Basket Program 2,071.90 Police Department Community Relations 12,697.49 Christmas with the COPS Program 1,661.63 Senior Meal Program 1,470.00 Cost to Establish the Foundation (908.50) CA State Filing Fees (160.00) Bank Fees (26.21) TOTAL NET ASSETS AS OF JUNE 30, 2021 $39,533.82 REVENUES AND OTHER SUPPORT Contributions Santa Clothes Program 400.00 Food Basket Program 2,900.00 Senior Meal Program 1,470.00 Police Community Relations (Halloween)500.00 $5,270.00 EXPENSES Program Services Santa Clothes Program 5,000.00 Community Relief Program 1,725.00 Food Basket Program 4,448.10 Police Community Relations (Halloween)500.00 Police Pink Patch Program 2,747.50 Supporting Services CA State Filing Fees 25.00 Bank Fees - $14,445.60 CHANGE IN NET POSITION (9,175.60) NET ASSETS AS OF JULY 1, 2020 48,709.42 NET ASSETS AS OF JUNE 30, 2021 $39,533.82 For the Fiscal Year Ended June 30, 2021 Total Revenues and Other Support Total Expenses Baldwin Park Charitable Relief Foundation Statement of Net Position As of June 30, 2021 Baldwin Park Charitable Relief Foundation Statement of Activities and Changes in Net Position ITEM NO. _________________ BALDWIN PARK CHARITABLE RELIEF FOUNDATION STAFF REPORT TO: Honorable Chief Executive Officer and Board Members FROM: Manuel Carrillo Jr., Secretary DATE: Wednesday, October 20, 2021 SUBJECT: Adoption of Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas campaign entitled, “Resolution of the Board of Directors Program Year 2021” SUMMARY The purpose of this staff report is to request the adoption of Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas Campaign to participate in the discounted holiday food basket program to support the Baldwin Park Charitable Relief Foundation Annual Holiday Basket Giveaway. FISCAL IMPACT There is no fiscal impact to the Baldwin Park Charitable Relief Foundation budget. Funding for the food basket program was appropriated at their City Council Meeting on October 6, 2021 to the City’s Budget FY 21-22 in the amount of $15,000.00 from the American Rescue Plan Act. RECOMMENDATION Staff recommends that the Board of the Baldwin Park Charitable Relief Foundation: 1) Adopt Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas Campaign entitled, “RESOLUTION OF THE BOARD OF DIRECTORS PROGRAM YEAR 2021” and; 2) Authorize the Secretary of the Baldwin Park Charitable Relief Foundation to execute further documents. BACKGROUND The Baldwin Park Charitable Relief Foundation participates in the annual holiday food basket program that distributes 400 food baskets to families and individuals who are Baldwin Park residents and who are in need of assistance during the holiday season. The food basket program is a collaborative effort between the Baldwin Park Charitable Relief Foundation, City of Baldwin Park, Navidad en el Barrio along with other local Supermarkets in the City. Navidad en el Barrio Inc. through the Christmas Campaign offers food baskets for distribution at a discounted rate on only $5.00 that includes; Randall Farms Chicken, Cheese, Drinks, Rice, Corn Tortillas, Canned Vegetables, Beans, and mixture fresh produce of fruit and vegetables. The City will be purchasing additional supplemental food at a discount price from D & D Wholesale Distributions Inc. as well as boxes for distribution. In addition, D & D Wholesale Distributions Inc., donates fresh food to supplement the content on the food baskets. The Department of Recreation of Community Services will be putting together a food drive campaign with local business and other agencies in the City. The assembly of the food baskets and distribution is coordinated with community volunteers. The food basket holiday program is scheduled for Saturday, December 11, 2021. Interested applicant is required to submit a Food Basket Application prior to the December 3, 2021 deadline. Applicants must be Baldwin Park residents only order to qualify for the program. ALTERNATIVES The alternative is not to adopt the resolution. LEGAL REVIEW None is require. ATTACHMENTS 1) Resolution of the Board of Directors Program Year 2021. A Navidad En El Barrio Document RESOLUTION of the Board of Directors Program Year 2021 AGENCY NAME Baldwin Park Charitable Relief Foundation_ NO OF BASKETS__400______ The Board of Directors of _Baldwin Park Charitable Relief Foundation will participate in the Navidad En El Barrio, Inc., Christmas Campaign; the board authorizes the corporation to execute the Navidad En El Barrio 2020 Agency Agreement; and to certify to Navidad En El Barrio, Inc. that if any agency staff or board member is a staff or board member of Navidad En El Barrio, Inc., that person is N.A . On motion duly made, recorded and unanimously carried, the following resolution was adopted: RESOLVED, that Baldwin Park Charitable Relief Foundation ___ (name of agency) Is authorized to participate in the 2021 Navidad En El Barrio, Inc., Christmas campaign; that the corporation may execute the Navidad En El Barrio 2021 Agency Resolution Agreement. CERTIFICATE OF SECRETARY I certify that I am duly elected Secretary of the Board of Directors of City of Baldwin Park, a California non-profit corporation and that the above Resolution was passed by unanimous vote of the Board of Directors on October 20, 2021 . Executed on October 20, 2021, at Baldwin Park, California. Signed______________________________________________________ Board Secretary