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Home My WebLink About11.03.21 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, November 3, 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 28, 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 November 3, 2021. Marlen Garcia, City Clerk AGENDA BALDWIN PARKCITY COUNCIL SPECIAL MEETING COUNCIL CHAMBER - 14403 E. Pacific Avenue, Baldwin Park, 91706 November 3, 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 November 3, 2021 to comments@baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. 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 • City Hall Yard Assessment Presentation Sam Gutierrez, Director of Public Works 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) CITY COUNCIL SPECIAL MEETING – 5:00 P.M. 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: Long Z. Liu v. City of Baldwin Park 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): Six (6) 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 November 3, 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 November 3, 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 PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Solar-Powered Digital Signs for Transit Stop Locations Presentation Presented by Shelly Price, Senior Manager 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 November 3, 2021 to comments@baldwinpark.com. You will be contacted by a staff member and will be granted 3 (three) minutes to speak live during the meeting. 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. Meeting Minutes Staff recommends that the City Council approve meeting minutes for the following City Council Meeting: Regular City Council Meeting of October 6, 2021 Special City Council Meeting of October 20, 2021 Regular City Council Meeting of October 20, 2021 3. Claim Rejection Staff recommends that the City Council reject the following claims and direct staff to send the appropriate notice or rejection to claimant(s): Milton Aguino Claimant alleges dangerous condition of public property. Maria Castro Claimant alleges property damage. Syed Kaleen Claimant alleges property damage. 4. Approve the Procurement and Purchase of Six Solar-Powered Digital Signs to be Placed at Various Transit Stop Locations within the Downtown Area Staff recommends that the City Council: 1. Authorize the Director of Public Works to execute an agreement with Changing Environments, d.b.a. Soofa for the sole source purchase of six signs for a three year term with an option to renew the agreement for an additional two years; and 2. Authorize the Director of Finance to Appropriate Proposition A funds in the amount of $86,000 for the purchase and to make necessary budget adjustments. 5. Approve the Study of the Public Works City Yard Improvements and Authorize to Proceed with the Design of the Upgrades Staff recommends that the City Council: 1. Approve the Study of Public Works City Yard Improvements and authorize the recommended design of the upgrades; and 2. Authorize the Director of Finance to appropriate $2,500,000 from Fund No. 275 – ARPA – American Rescue Plan Act (Investments in Infrastructure) to fully fund the project; and 3. Authorize the Director of Public Works to proceed with the design phase of the project. City Council Agenda Page 4 6. Approval of a One-Time City Hall-Closure, and Authorization to Offer Qualified Employees Time off During the Holidays Staff recommends that the City Council: 1. Approve Resolution No. 2021-031 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Approving a One-Time City Hall Closure from December 20th through December 30th 2021, and Authorizing Qualified Employees Time off during the Holidays”; and 2. Direct the CEO to provide adequate notification to the public and take appropriate measures to ensure City Emergency Operations remain uninterrupted during the closure. 7. Approval Additional Funding from the American Rescue Plan Act (ARPA) for Replacement of Chairs within City of Baldwin Park Facilities Staff recommends that the City Council: 1. Approve an increased allocation of funding from the ARPA funds of $30,000 to purchase new office chairs in City Hall facilities; and 2. Authorize the Director of Finance to make the necessary budget appropriations and adjustments for the purchase of office chairs of an amount not to exceed $75,000. 8. Approval of the Procurement and Purchase of a Replacement Compress Natural Gas (CNG) Street Sweeper and Authorization to Process a Purchase Order Staff recommends that the City Council approve the purchase of the 2021 TYMCO 600- CNG Regenerative Air Sweeper in the amount of $372,852.51 and $20,958.30 for the one-time purchase of a maintenance program (Head Swap Program) and Operator/Tech Training at TYMCO. 9. Second Reading of Ordinance No. 1463 Entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, (Retail Sales of Tobacco Products) Amending Section 125 (Requirements and Prohibitions) of Chapter 125 of the City of Baldwin Park Municipal Code to Prohibit the Sale of Flavored Tobacco Products” Staff recommends that the City Council waive second reading and adopt Ordinance No. 1463, entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, (Retail Sales of Tobacco Products) Amending Section 125 (Requirements and Prohibitions) of Chapter 125 of the City of Baldwin Park Municipal Code to Prohibit the Sale of Flavored Tobacco Products” 10. Adoption of a Resolution to Continue Conducting City Council/Commission/Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361 Staff recommends that the City Council adopt Resolution No. 2021-032 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings held from November 3rd through December 3rd 2021) and re-evaluate the state of emergency every 30 days to make findings under the bill’s teleconferencing exemptions. 11. Approving a Letter of Intent and Application to the San Gabriel Valley Regional Housing Trust Homeless Housing Pilot Program Accessory Dwelling Units (Back Home Initiative) 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 under the collaborative lead applicant of (City of South El Monte) in partnership with the City of El Monte to the SGVRHT. City Council Agenda Page 5 12. Second Reading of Ordinance No. 1460 Entitled: “An Ordinance of the City Council, of the City of Baldwin Park, California, Amending Chapter 127 of Title XI of the Baldwin Park Municipal Code”, and Second Reading of Ordinance No. 1461 Entitled: An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 153 of the Baldwin Park Municipal Code relating to Commercial Cannabis Activity” Staff recommends that the City Council waive second reading and adopt Ordinance No. 1460, entitled: “An Ordinance of the City Council, of the City of Baldwin Park, California, Amending Chapter 127 of Title XI of the Baldwin Park Municipal Code”, and waive second reading and adopt Ordinance No. 1461 Entitled: An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 153 of the Baldwin Park Municipal Code relating to Commercial Cannabis Activity” PUBLIC HEARING 13. A Request to the City Council from the Planning Commission on an Amendment to update the City of Baldwin Park Municipal Code Relating to New State Law for Accessory Dwelling Units and Junior Accessory Dwelling Units (Location: Citywide; Applicant: City of Baldwin Park; Case Number: AZC 21-02) Staff recommends that the City hold a Public Hearing, accept public testimony, and Introduce for first reading, by title only, Ordinance 1464, entitled, “An Ordinance of the City Council of the City of Baldwin Park, California, Amending the Baldwin Park Municipal Code, Title XV, Land Usage, Chapter 153, Zoning Code, Sections 153.040.070, 153.070.020, 153.120.350, 153.120.360 and 153.120.370 Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Section 153.150.100 Relating to Tandem Parking”. REPORTS OF OFFICERS 14. Consideration of Amendment to the Rent Stabilization Ordinance of the City of Baldwin Park to Clarify Certain Provisions Staff recommends that the City Council discuss and review the language of the proposed amended Ordinance entitled, “ An Ordinance of the City Council of the City of Baldwin Park, California, Adding Chapter 11, Section 129 to the Baldwin Park Municipal Code”, and direct staff to bring back for first reading at the next regularly scheduled City Council Meeting. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION None Requested. ADJOURNMENT City Council Agenda Page 6 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 28th 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: November 3, 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 $438,330.12 and the attached General Warrants Register was $2,262,232.97 for a total amount of $2,700,563.09. 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 201208 to 201219 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 29370 to 29593 for the period October 3, 2021 through October 16, 2021, inclusive; these are presented and hereby ratified in the amount of $438,330.12. 2. General Warrants, with the bank drafts in the amount of $1,546,556.45 and checks from 234130 to 234212 in the amount of $715,676.52 for the period of October 7, 2021 to October 21, 2021, inclusive; in the total amount of $2,262,232.97 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: Lourdes Morales, Chief Deputy City Clerk DATE: November 3, 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: Regular City Council Meeting of October 6, 2021 Special City Council Meeting of October 20, 2021 Regular City Council Meeting of October 20, 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. Will be distributed during the City Council Meeting. STAFF REPORT ITEM NO. _________3________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Laura J. Thomas, Human Resources Risk Manager DATE: November 3, 2021 SUBJECT: Claim Rejection SUMMARY This report seeks City Council consideration and direction to reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. RECOMMENDATION Staff recommends that the City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Milton Aguino Claimant alleges dangerous condition of public property. Maria Castro Claimant alleges property damage. Syed Kaleen Claimant alleges property damage. These government claims, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members. FISCAL IMPACT Fiscal impact is unknown at this time. BACKGROUND In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES There are no other alternatives for the Council to consider since rejection of the claims is necessary for the Statute of Limitations to begin on the claims received. ATTACHMENTS None STAFF REPORT ITEM NO. ________4_________ TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: November 3, 2021 SUBJECT: Approve the Procurement and Purchase of Six Solar-Powered Digital Signs to be Placed at Various Transit Stop Locations within the Downtown Area SUMMARY This item seeks City Council approval for the procurement and purchase of six digital real-time community informational signs to be placed at various transit stops. The signs are 100% solar powered, wireless, interactive digital news feeds that enhance equity of information access and pedestrian experiences by sharing transit arrival times, events, public meeting notices, public health and safety news, and local business information. The static back of the signs can include the City’s wayfinding (maps or listings). The signs also include sensors that capture (unidentifiable) pedestrian data that is provided to the City in an interactive dashboard for data-based decision-making. The signs also include polling features to broaden the audience for City surveys and community engagement. The signs will be sole sourced from Soofa and leveraging their cloud-based content management platform. Soofa will manage advertising on the sign which will discount the City’s upfront and annual costs and further offset them over a 5-year agreement with a 20% net revenue share. RECOMMENDATION Staff recommends that the City Council: 1. Authorize the Director of Public Works to execute an agreement with Changing Environments, d.b.a. Soofa for the sole source purchase of six signs for a three year term with an option to renew the agreement for an additional two years; and 2. Authorize the Director of Finance to Appropriate Proposition A funds in the amount of $86,000 for the purchase and to make necessary budget adjustments. FISCAL IMPACT There is no fiscal impact on the General Fund related to the purchase of the signs. Restricted funds are available from Proposition A to support Transit operations. BACKGROUND On August 18, 2021, the City Council approved a 3rd Amendment to the Transit Services Agreement with Southland Transit, Inc. (STI), which included the removal of the largely unsuccessful bus shelter advertisement service. Despite STI’s best efforts, they could not find a way to make bus kiosk and on- board bus advertisement pencil-out and were instead providing a credit to the City. Subsequently, at the City Council Special Meeting, held on September 17, 2021, Mayor Estrada provided direction to Staff to explore alternative options for the implementation of a robust bus stop advertisement program that would allow the City to communicate information in real-time to residents and transit users. DISCUSSION Soofa signs enhance the equity of access to information in Baldwin Park by sharing it out in the City’s public spaces for all residents and visitors to read. City staff can post customized press releases, city program and event information, and other content to the Soofa signs from their desks through a cloud- based platform, “SoofaTalk.com”. There is neither a limit to the number of City representatives who can post through SoofaTalk nor to the amount of content the City can post. Soofa signs also include other selected applets that are automated such that they do not require any extra staff time after initial installation and data integration, such as real-time transit updates, which can display transit and metro rail arrival times along with the City’s events calendar. The City can also post polling questions to the sign to expand its audience for City engagement and surveys. Soofa signs also provide pedestrian data to the City in an interactive dashboard for data-based decision-making. The sign neither captures nor stores any identifying information about pedestrians; rather, it is a pure count, available down to the hour, which can help with transportation and park planning, economic development, and event decision-making, as well as to inform grant applications. No other company or sub-division of Changing Environments, d.b.a. Soofa makes a standalone 100% solar powered, wirelessly connected electronic paper sign with 42” E-Iink display, with LED front lighting and a pedestrian activity sensor embedded, that is installed outdoors with just four anchor bolts into the sidewalk. Additionally, no other company provides a public facing, cloud-based content management system like “Soofa Talk” for the electronic paper sign that can be used by City officials, partner institutions, local businesses, and the public. Soofa sign screens are not back-lit, and thus they add no light pollution to the surrounding environment, enabling them to be located near residential neighborhoods and environments with sensitive natural ecosystems. Many agencies and property owners in California have already partnered with Soofa for signs, including the cities of Chico, San Pablo, Milpitas, San Jacinto, Eastvale, Covina, Ontario’s New Haven Marketplace, and Fair Oaks Parks and Recreation District. The City of Baldwin Park would be among the first in the Los Angeles metropolitan area to partner with Soofa. Soofa signs are currently priced at $25,000/sign upfront with an annual fee of $6,200/sign in year 2 onward. These costs include installation, regular cleaning and maintenance, high quality vinyl on the exterior of the signs to incorporate the City’s wayfinding and sponsorships, content management, real- time transit and other applet integrations. Soofa offers a discount from those prices to $16,000/sign upfront and $2,000/sign annually in year 2 onward, if the City allows Soofa to manage some advertising and sponsorships on the sign to be shared in conjunction with the City’s information and community-oriented content. The intention of the Soofa Sign is to promote local healthy community content. As such, all images and content displayed will be in good taste and consistent with the standards and practices of the community. Any advertisement which is in violation of any law, false, misleading or deceptive, contrary to moral or ethical standards, or contrary to community standards is prohibited. Soofa will share 20% of the net revenue from the advertising and sponsorships back to the City to further offset the City’s costs and to potentially serve as a small income stream. Soofa is offering the City a further discount to $14,000/sign upfront and $0 annually for six signs, if the City is able to finalize an agreement by the end of November 2021. ALTERNATIVES 1. The City Council may choose not to approve purchase at this time and instruct staff to bring the item back at a later date with additional options. With the limited time discount available for this unique resource, we do not recommend this option. 2. Provide Staff with alternate direction. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Copy of the Purchase and Service Agreement with Changing Environments, d.b.a. Soofa. Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 1 of 15 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 3rd day of November 2021 by and between the City of Baldwin Park, ("City"), and Changing Environments, Inc., d.b.a. Soofa ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the “Scope of Services” attached to and incorporated into this Agreement as Exhibit “A.” Duration of Scope of Services may be extended on a month-to-month basis but shall not exceed the total compensation. 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the “Scope of Services” attached to and incorporated into this Agreement as Exhibit “A.” 3. TIME FOR PERFORMANCE. Service Provider shall perform the services above described in a timely manner in accordance with the professional standard practices and the provisions of this agreement. This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 16 herein: A. Commencement Date: November 3, 2021 B. Expiration Date: November 3, 2024 C. Upon mutual agreement by the parties, this agreement may be automatically extended for an additional two (2) one-year terms. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment, and material, at its sole expense, to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shah be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus, or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 2 of 15 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys’ fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it’s agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants’ liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non-owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker’s Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker’s Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 3 of 15 agents or employees shall be in excess of Consultants’ insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers’ Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer’s agreement in this regard shall be reflected in the Workers’ Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City’s ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re-use by City shall be at the sole risk of City and without liability to Consultant. 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W -9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with material cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph “16” of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 4 of 15 and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit “B” attached hereto. Such payment will be subject to City’s receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney’s fees, to the prevailing party. In awarding attorney’s fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney’s fees paid and/or incurred in good faith. “Prevailing Party” shall mean the party that obtains a favorable and final judgment. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties’ mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City’s behalf as Project Manager. (A) ______________ _______________ ______________ _______________ (B) City of Baldwin Park Att.: Sam Gutierrez, Director of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ex. 460 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City’s Designated Representative identified in Paragraph “21” of this Agreement. Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 5 of 15 IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK By: Sam Gutierrez Director of Public Works Dated: Approved by By: Robert Tafoya City Attorney Dated: CONSULTANT: _____________________________ By: Holly McKenna VP of Sales and Marketing Dated: Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 6 of 15 EXHIBIT A– SOOFA AGREEMENT General Services Agreement for Soofa Sign City of Baldwin Park and Changing Environments, Inc. October 27, 2021 SUMMARY Product #1 Soofa Sign with sponsorship and advertising Units 5 Upfront price per unit $14,000 Annual Cost per unit in years 2-3 $0 Product #2 Soofa Sign with digital-only advertising Units 1 Upfront price per unit $16,000 Annual Cost per unit in years 2-3 $6,200 Total upfront $86,000 Total for 3 year agreement $98,400 Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 7 of 15 1. OVERVIEW Hardware product overview: Soofa Signs are 100% solar powered and wirelessly connected via cellular network. Just four square feet of sidewalk space required; four bolts into the ground and 30 minutes to install to run a real time communication platform. Software product overview : Web based content management system called Soofa Talk (www.soofatalk.com). Allows your team to post content anytime to your signs by neighborhood. Screen content: The 42” electronic paper screen displays rotating local, relevant content shared by the City of Baldwin Park, local businesses, and the public, alongside customized applets. Changing Environments manages and reviews all content before it goes live on the Sign. Scope & Cost: This Agreement covers the following product deliverables: installation of $14,000/sign for 5 signs and $16,000 for 1 sign ($86,000 total upfront), locations agreed upon with City of Baldwin Park; content management and restrictions; sensor integration and data collection; and net revenue share. Revenue share will be 20% with the City of Baldwin Park after Soofa has recouped all initial investment and maintenance costs. The City shall be invoiced a 30% deposit of the full amount on the day the order is placed. The remaining 70% will be invoiced in one installment on the day that the first Soofa Sign is installed and shall be due and payable within thirty (30) days from the date of invoice. Annual service fees for 1 sign will be invoiced in full beginning in the second year and will be due and payable within thirty (30) days from the date of invoice. All payments must be made in US dollars and made by check or electronic transfer. Term: The Agreement will begin on November 3, 2021 and will run for three (3) years. Payment will be invoiced from the date that the first Soofa Sign is installed, as agreed upon by Changing Environments and the City of Baldwin Park. The Agreement will automatically renew for two (2) additional years unless either party withdraws from the agreement with at least 90 days written notice prior to the end of the current term. Ownership: All Soofa Signs constructed, installed, and maintained, including embodied intellectual property, shall remain the ultimate ownership of Changing Environments. Changing Environments will also manage the content administrator role. Changing Environments will perform regular maintenance and cleaning if there are three (3) or more signs installed in the City of Baldwin Park. In the event that City of Baldwin Park installs the Soofa Signs, the City of Baldwin Park agrees to indemnify, defend, and hold harmless Changing Environments, its employees, officers, or agents from any and all claims, losses, damages, expense, or liability associated with the physical installation of Soofa Signs. Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 8 of 15 Sensor Integration & Data Collection: Sensor integration for data collection via proprietary sensor for accurate revenue reporting. No personally identifiable information will be collected and any data produced as part of this program remains the property of Changing Environments. The City of Baldwin Park will be provided access to reporting through SoofaTalk.com and provision of the sensor data, reports, or derivative works thereof to third parties for any purposes is prohibited. 2. INSTALLATION Final locations up to 6 to be determined together with the City of Baldwin Park. Sign placement will not physically obstruct safe, normal pedestrian or existing operations in any location. Physical installation of the Soofa Sign will be coordinated between the City of Baldwin Park and Changing Environments. The City of Baldwin Park agrees to use Soofa Sign as intended, including but not limited to, bolting the sign into the concrete sidewalk. The City of Baldwin Park agrees to make the location available to Changing Environments’ employees, agents, and/or independent contractors for installation. If the City of Baldwin Park does not provide timely location access, Changing Environments will not be held responsible for any delays in installation. Installation, removal and location change is solely the responsibility of Changing Environments unless explicitly granted in writing. Shall the City of Baldwin Park remove or relocate a Soofa Sign without Changing Environment's approval, the City of Baldwin Park assumes full responsibility of the hardware and any related accidents or liability. In the event of a Sign relocation requested by the City of Baldwin Park or a City of Baldwin Park subcontractor, Soofa may withhold the associated relocation, installation and storage fees from its quarterly revenue share paid to the City. 3. SPONSORED & RESTRICTED CONTENT Changing Environments will actively seek digital and static advertisement participation from businesses and institutions throughout the duration of this Agreement and retains exclusive responsibility for procurement. The City of Baldwin Park will be entitled to 20% of net revenues after Changing Environments has recouped all initial costs and may not sell, license, or solicit paid partnerships. The City of Baldwin Park will have no decision making authority over the businesses and/or institutions that statically or digitally advertise on the Sign beyond any restrictions in Exhibit A-4 of this agreement. Revenue share will be paid out quarterly to the City of Baldwin Park. Changing Environments retains exclusive responsibility for the procurement and maintenance of paid content sponsors (advertisers) for 50% of the airtime through Soofa Talk for the Soofa Signs. The City of Baldwin Park cannot sell in part or in whole their 50% reserved digital airtime through Soofa Talk. City of Baldwin Park content in the form of a real-time transit feed will show on a portion of the screen at all times, even when an advertisement is displaying on a portion of the screen. Changing Environments retains the ultimate right to review all content before it is live and reserves the right to reject any advertisement which is in violation of any law, false, misleading or deceptive, or contrary to community standards. The City of Baldwin Park agrees to Changing Environments’s Privacy Policy in the use of SoofaTalk.com. 4. INSURANCE Changing Environments shall purchase and maintain, at its expense and during the term of this Contract, all insurance required by the applicable laws of California. Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 9 of 15 5. INDEMNIFICATION The City of Baldwin Park shall indemnify, defend, and hold harmless Changing Environments, its employees, officers, and agents from and against any claim, loss, damages, injury, expense, judgment or liability associated with the Soofa Sign to the extent such claim, loss, damages injury, expense, judgment or liability is caused by the willful, reckless, or negligent act or omission of the City of Baldwin Park, its employees, officers and/or agents. Changing Environments agrees to indemnify, defend and hold harmless the City of Baldwin Park, managing agent, and all additional insureds harmless from and against all claims of whatever nature arising from any violation of applicable law including, without limitation, any law, regulation, or ordinance concerning trash, hazardous materials, or other pollutant occurring from and after the Commencement Date and until the end of the term where such accident, damage or injury results or is claimed to have resulted from an act or omission on the part of Changing Environments or Changing Environments's agents or employees. 6. TERMINATION The obligation to provide further services under this agreement may be terminated by either party upon thirty (30) calendar days’ written notice in the event of substantial failure by the other party to perform in accordance with terms through no fault of the terminating party. 7. AGREEMENT This agreement represents the full understanding between both parties and addendums may be added that either supplement or supersede existing terms, due to expansion of scope or related activities, only if agreed upon by both parties in writing. Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 10 of 15 BILLING ADDRESS Please provide: Billing Name: ________________________________________________________________________________ _ Bill Address: ________________________________________________________________________________ __ Billing Email :________________________________________________________________________________ _ REVENUE SHARE CHECK Please provide: Name for check to be addressed to: ___________________________________________________________ Address for check to be sent to : ______________________________________________________________ Name, Title, and Email for revenue share report :_______________________________________________ Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 11 of 15 EXHIBIT A-1 – SIGN DESIGN EXHIBIT A-2 – DIGITAL CONTENT LAYOUT The Soofa Sign electronic paper display shares content uploaded by the City of Baldwin Park, the public, and the local business community through Soofa Talk (www.soofatalk.com). This content is Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 12 of 15 managed, approved, and curated exclusively by Changing Environments. The City of Baldwin Park is entitled a minimum 20% of this digital airtime or 20% of screen real estate, whatever applicable. Screen layouts will be determined by Changing Environments and may change during the term of the agreement. EXHIBIT A-3 – VINYL WAYFINDING DECAL Digital Advertising and Sponsorship Allowed for 5 signs On the back of the Soofa Sign, a wayfinding vinyl decal is placed. The City of Baldwin Park is entitled a 29 x 30 inches section starting 23 inches from the top of the display area for neighborhood wayfinding. Changing Environments reserves the right to use up part of the display area for instructional information on how to access Soofa Talk and post to the sign. Changing Environments will work to solicit paid advertisers as well as paid sponsorship from select businesses. Example decal design from the City of Brookline shown below for reference only. Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 13 of 15 Digital Advertising Only Allowed for 1 sign On the back of the Soofa Sign, a wayfinding vinyl decal is placed. Changing Environments reserves the right to use up part of the display area for instructional information on how to access Soofa Talk and post to the sign. Example decal design from the City of Chelsea shown below for reference only. Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 14 of 15 Professional Services Agreement Changing Environments, Inc. d.b.a. Soofa Page 15 of 15 EXHIBIT A-4 -RESTRICTED CONTENT The intention of the Soofa Sign is to promote local healthy community content. As such, all images and content displayed will be in good taste and consistent with the standards and practices of the community. Any advertisement which is in violation of any law, false, misleading or deceptive, contrary to moral or ethical standards, or contrary to community standards is prohibited. Changing Environments, via the content management system and their respective advertising contracts, will be reserved the right to reject and remove any such advertisement at its sole discretion. Changing Environments retains the final right to review to review all content uploaded before going live. Changing Environment relinquishes all responsibility for content uploaded to SoofaTalk. In the event that content does not appear to meet the standards listed herein at the sole discretion of the City of Baldwin Park, the City of Baldwin Park must provide written notice to Changing Environments regarding the content in question. When deemed to be in violation of community standards, non-compliant content will be removed from display as soon as administratively feasible, but in no case longer than 4 hours from written notice during regular business hours. STAFF REPORT ITEM NO. ________5_________ TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: November 3, 2021 SUBJECT: Approve the Study of the Public Works City Yard Improvements and Authorize to Proceed with the Design of the Upgrades SUMMARY This item seeks City Council approval for the study of the Public Works City Yard Improvements and authorization to proceed with the recommended design of the upgrades. The improvements will include ADA improvements to the existing administration building, re-organization of the existing use of space to allow workspace, air-conditioning improvements, electrical and plumbing improvements, upgrades to the existing generator, Fuel Station, on-site storage, and parking lot. RECOMMENDATION Staff recommends that the City Council: 1.) Approve the Study of Public Works City Yard Improvements and authorize the recommended design of the upgrades; and 2.) Authorize the Director of Finance to appropriate $2,500,000 from Fund No. 275 – ARPA- American Rescue Plan Act (Investments in Infrastructure) to fully fund the project; and 3.) Authorize the Director of Public Works to proceed with the design phase of the project. FISCAL IMPACT There is no impact on the General Fund. The following is a breakdown of funding sources and project estimated costs: Funding Source Amount CIP 22-038 ARPA- American Rescue Plan Act (Investments in Infrastructure) – Fund #275 $2,500,000 Total Funding $2,500,000 Estimated Cost Amount Design Phase and contingency $300,000 Construction Phase and Contingency $2,200,000 Total Estimated Cost $2,500,000 BACKGROUND The City’s Public Works City Yard, located at 13135 Garvey Avenue, was originally constructed as a California Highway Patrol facility in 1962. The City of Baldwin Park occupied the site and added warehouse buildings and a garage in 1978. Due to its age and deferred maintenance, this nearly 60- year-old facility is in need of improvements, not only due to its age, but also to accommodate a growing staff, fleet and equipment. This need also extends to its designation as an essential facility, which should be able to effectively support Public Works’ operations, in the event of a natural disaster. On August 18, 2021, City Council directed staff to prepare a study to identify and better understand the many needs and the associated Rough Order of Magnitude (ROM) costs of each. DISCUSSION On April 21, 2021, the City Council authorized a pre-qualification list for on-call professional Engineering consultant services and approved Professional Services Agreements (PSAs) for Engineering Design, Plan Check, Construction Management, Inspection and Related Services. Additionally, the City Council provided Staff with direction to bring all RFS proposals exceeding the City’s purchasing policy limits for Council consideration. The cumulative total for these services exceeds the Executive signatory limits set by the City’s purchasing policy. Tait and Associates was selected to develop the study of the Public Works Improvements through its on-call services contracts. The study is a culmination of this effort and provides some detail regarding each item. The study identified the needs including ADA improvements to the existing administration building, re-organization of the existing use of space to allow workspace, air-conditioning improvements, electrical and plumbing improvements, upgrades to the existing generator, Fuel Station, on-site storage, and parking lot. Below is a snapshot of the improvements identified: The ROM costs of the identified needs exceeds the current budgetary amount; therefore Staff recommends moving forward with the Design Phase to determine the associated costs and identify the priorities to align with the available funding. ALTERNATIVES 1. The City Council may choose not to approve study of the Public Works City Yard Improvements at this time and instruct staff to bring the item back at a later date with additional costs options. This action is not recommended as it will negatively affect and prolong the quality and rate at which the streets are being swept. 2. Provide Staff with an alternative direction. LEGAL REVIEW Not required. ATTACHMENTS 1.) “Study of Public Works City Yard Improvements” 2.) Power Point titled “Study of City Yard Improvements” Cost Design Phase Costs $300,000 Structural Building Improvements (ADA Compliance, Asbestos and lead paint, HVAC, electrical, Plumbing) $1,000,000 Operational Building Improvements (equipment, fixtures and furniture) $100,000 Generator replacement $140,000 Fueling Station Improvements $350,000 CNG Station Improvements and EV Station $460,000 On-site storage $100,000 Parking Lot Improvements $200,000 Construction Contingency $200,000 Total Estimated Cost $2,850,000 TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 1 STUDY OF PUBLIC WORKS CITY YARD IMPROVEMENTS Prepared for: City of Baldwin Park Public Works Department Prepared by: TAIT & Associates, Inc. TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 2 October 25, 2021 John Beshay, PE Engineering Manager City of Baldwin Park 14403 E. Pacific Avenue, Baldwin Park, CA 91706 RE: Baldwin Park City Yard Renovation Programming Study Dear Mr. Beshay, Thank you for allowing TAIT & Associates (TAIT) the opportunity to assist the City with formulating a better understanding of the potential use of the budgeted $2.5 million funding for improvements to the City Yard, located at 13135 Garvey Avenue, See Figure 1. Site Plan on the following page. EXECUTIVE SUMMARY TAIT has met with Public Works staff, who is desirous of programming improvements to the City Yard, in order to understand the various improvements and assist the City with prioritization. Budget While other sources may be available, to supplement this project, for the purposes of this Analysis, we will use the aforementioned $2.5 million budget as a basis. It should be noted that all costs outlined in this Report are without benefit of design level studies and are presented as a Rough Order of Magnitude (ROM) for planning purposes only. Soft costs for design, studies, etc. and construction contingency will reduce the budget available for construction as follows: Total Budget $2,500,000 Design/Studies $ 250,000  Architecture  Engineering  Survey  Lead/Asbestos Report  CASp Report Construction Support $ 50,000 Construction Contingency $ 200,000 Available for Construction $2,000,000 Prioritizing Improvements Realizing that the available funding is not sufficient to likely meet all of the wants and needs for this facility, It will be important for to ultimately identify those as priority. To help in this effort, provided below are those major items for consideration. Rising to the top, will be those items necessary for health and safety of the staff utilizing this facility, operational needs, and on-going maintenance. Each of the items will be discussed in detail in the “Analysis” section in this Report. TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 3 Figure 1. Site Plan Building Improvements Structural Building improvements include re-organization of the existing use of space to allow for additional work space. Given the age of the building, it is likely that lead paint and asbestos laden materials were used. An investigation of the building will identify those materials if they exist, so that they can be mitigated. The building was built prior to institution of the Americans with Disabilities Act. An evaluation of those improvements necessary to bring this facility into compliance will be included as well. Included are HVAC improvements, electrical and plumbing. These improvements will also include the annexed buildings in addition to the main Administration building. It is estimated that these improvements will have a ROM cost of $900,000 Operational To compliment the structural improvements, furniture, fixtures, and equipment (FFE), will be necessary to ensure an occupationally safe and enjoyable work environment. These improvements might include, partitions, desks, computers, software, printers, as well as ceiling tiles, paint and carpet. Based on industry standards, It is anticipated that the ROM estimated cost is $100,000 Site Improvements As an essential facility, it is important that operations can continue in the event of a natural disaster. One of the existing electric generators is in need of replacement at an estimated cost of $200,000 TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 4 The existing CNG facility is also in need of replacement at an estimated cost of $650,000. However a grant in the amount of $250,000 would reduce the cost to $400,000 The Fuel Station is in need of modifications at an estimated ROM cost of $350,000 Additional on-site storage has been identified, utilizing elevated racks at an estimated ROM cost of $100,000 The parking lot is in need of rehabilitation at a ROM cost of $200,000 Recommendation It is being recommended that the available funding be planned as follows: Building Improvements Structural $900,000 Operational $100,000 Site Improvements Generator $200,000 CNG Facility $400,000 Fuel Station $350,000 On-Site Storage $100,000 Parking Lot $200,000 Total $2,250,000 Following, is a more in-depth Analysis of each of the areas discussed, which provides the basis for the planning recommendations for the available funding. TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 5 ANALYSIS Structural Building Improvements Space Planning. There is a desire to create work spaces for additional existing staff as well as plan for future hires, in order to meet the demand for upcoming development and maintenance responsibilities. The first effort will be to examine current space usage, with an eye for opportunities to move, organize, and consolidate material storage to other locations, or perhaps utilizing a pallet system to store vertically. Below is an example of the existing working conditions. Photo 1. Existing Work Area TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 6 For this effort, personnel and equipment for the following Divisions were evaluated: a. Parks Landscape b. Street Landscape c. Street Maintenance d. Traffic Maintenance e. Graffiti Removal f. Fleet Maintenance Staff is desirous of creating an open-concept work area for its employees. To that end, it is envisioned to remove non-load bearing walls to create a space for 5 lead workers, while reconfiguring enclosed offices for 3 supervisory staff. In addition the common work area may include computer access for the remaining 22 staff to input time cards and access email, etc. Figure 2. conceptualizes this proposed floor plan layout. It is estimated that the cost of these structural improvements will be approximately $600,000 Figure 2. Conceptual Floor Plan TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 7 Annex Buildings – Space Planning. In addition to the needs of the administration building, The adjacent building, which houses equipment for the different maintenance divisions will be evaluated for additional shelving and environmental protections. In addition, identification of a space for City Clerk and Building and Safety will also be identified for long term storage of records. It is estimated that the cost of these improvements will be approximately $50,000 Photo 2. Existing Maintenance Storage TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 8 Asbestos and Lead Paint. Any buildings constructed prior to the 1970’s will have a high probability of containing asbestos materials (ceiling tiles, HVAC ductwork, roof mastic, etc.) and/or lead paint. While left insitu, generally do not pose a health threat, however any proposed improvements for this facility that disturbs these materials, will require full hazardous material mitigation prior to moving forward with improvements. It is estimated that the cost of an investigation will be approximately $10,000 and is included in the Design/Studies estimate. Remediation costs are estimated at approximately $60,000 Photo 3. Existing Ceiling Tiles TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 9 ADA Compliance. In order to bring the building into ADA compliance, reconfiguration of the restrooms, showers, access pathway, and any other required building improvements may be necessary. It is recommended that a CASp consultant be retained to provide some liability protection to the City against any potential discrimination claim. The estimated cost of those services is approximately $10,000 and is included in the Design/Studies estimate. In addition to the structural costs identified above, costs associated with ADA compliance are estimated at approximately $60,000. Photo 4. Existing Non-Compliant Restroom TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 1 0 HVAC System. The building HVAC system is currently in need of repair and upgrade. Changes to the space may also warrant reconfiguration of delivery system and vents. It is estimated that these associated costs would be approximately $130,000. Photo 5. Existing HVAC System TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 1 1 Operational Building Improvements In addition to the Structural Building Improvements, the new spaces will warrant new furniture, fixtures, and equipment (FFE). These improvements include new partitions, desks, chairs, computers, asset management and other software, as well as new paint, ceiling tiles, and flooring. Most of the furniture is decades old and in need of replacement to allow for occupational wellness. It is estimated that these costs will be approximately $100,000. Photo 6. Existing Furniture TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 1 2 Site Improvements Generator Replacement. One of the two existing generators on site is no longer working. As an essential facility, replacement of this generator is high on the priority list, in order to supply sufficient power to the facility in the event of a major disaster that might result in loss of external power to the site. The second operating generator has not been under a service contract since 2017, so this unit will require service and evaluation as to its continued operation and readiness. The estimated cost for these two items is approximately $200,000 Photo 7. Existing Operational Generator TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 1 3 Fueling Station Improvements. Observation of the existing facilities, and discussion with Staff indicates that the Fuel Distribution Facility is due for some attention. The grade of the existing fuel tank manholes leave the system susceptible to rainwater and malfunction. In order to mitigate this, the manholes and surrounding area will need to be raised. In addition, it is desirous to raise the existing canopy to allow for taller vehicle use. Lastly, the existing dispensers are in need of replacement. All of these improvements are estimated to cost approximately $350,000. Photo 8. Existing Fueling Station TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 1 4 CNG Station Improvements. The existing CNG fueling station is no longer operational and will require extensive work to replace it. The CNG Station is estimated to cost approximately $650,000. A grant in the amount of $250,000 could reduce the local match cost to $400,000. Photo 9. Existing CNG Fueling Infrastructure TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 1 5 Site Storage. In order to increase outside storage, it is envisioned to add vertical pallet storage, utilizing a fork lift. The elevated storage system, may provide additional parking, currently encumbered by ground storage. The estimated cost of this system is approximately $100,000. Photo 10. Existing Storage Currently, there are 61 striped parking stalls, with a current inventory of 75 vehicles, as follows: Employee Parking 30 Standard Work Vehicle 26 Oversized Trucks 5 Trailers 8 Other Equipment 6 Total 75 Through a combination of adding spaces in underutilized areas as well as under proposed elevated storage, a total of 81 spaces would be available as shown below: TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 1 6 Figure 3. Proposed Parking Arrangement TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 1 7 Parking Lot Rehabilitation. The existing surface, outside of the buildings, is a mix of asphalt (35,000 s.f.) and concrete (18,000 s.f). The area of the asphalt is in poor condition, and it will likely be recommended that a mill and fill or other more aggressive strategy to improve its function, will be necessary. Isolated areas of the concrete slab may be considered for replacement as well. In addition, the main entrance driveway will be evaluated for widening to allow for easier turning movements into the site, by larger vehicles. The estimated cost of rehabilitation is approximately $200,000. Photo 11. Existing Asphalt Condition TAIT & Associates, Inc. PUBLIC WORKS YARD IMPROVEMENTS P a g e | 1 8 RECOMMENDATION Based on the needs analyzed, the available funding, and from a strategic standpoint, it is recommended that the City move forward with Preliminary Design of all of the items in order to further refine the cost estimates. In the end, the likely course of action would be to prioritize the Building Improvements first. Since the Site Improvements are generally independent of each other, it is recommended that final construction documents be completed for all items and those Site Improvements could be independently pursued as the current funding allows, with the parking lot rehabilitation following. The remaining improvements would then be shelf ready and potentially budgeted in the City’s future Maintenance/Operations and/or CIP budgets if necessary. it is being recommended that the following improvements be prioritized: Building Improvements Structural Admin Bldg $ 600,000 Annex Bldg $ 50,000 Asbestos & Lead Paint $ 60,000 ADA Compliance $ 60,000 HVAC System $ 130,000 Operational $ 100,000 Sub Total $1,000,000 Site Improvements Generator $200,000 $ 200,000 Fuel Station $350,000 $ 350,000 CNG Facility $400,000 $ 400,000 On-Site Storage $100,000 $ 50,000 Parking Lot $200,000 _________ Sub Total $1,000,000 Total $2,000,000 STUDY OF CITY YARD IMPROVEMENTS CITY COUNCIL STUDY SESSION NOVEMBER 3, 2021 HISTORICAL PERSPECTIVE Funding Available for Construction Starting Budget $2,500,000 Design/Studies $300,000 •Architecture •Engineering •Surveying •ADA Study •Lead/Asbestos Study Construction Contingency $200,000 Total :$2,000,000 •Administration Building was built in 1960 as a Caltrans facility •City occupied and added Garage, Warehouse, and Fuel Island in 1978 •Solar Panels were added in 2017 •Funding of $2.5 million included in the City’s FY 2021/22 Budget IDENTIFIED IMPROVEMENTS BUILDING IMPROVEMENTS •STRUCTURAL $1,000,000 •OPERATIONAL $ 100,000 SITE IMPROVEMENTS •GENERATOR $ 140,000 •EV STATION $ 60,000 •CNG FACILITY $ 400,000 •FUEL STATION $ 350,000 •SITE STORAGE $ 100,000 •PARKING LOT $ 200,000 TOTAL $2,350,000 IDENTIFIED IMPROVEMENTS BUILDING IMPROVEMENTS STRUCTURAL $1,000,000 •Administration Bldg. Space Planning $600,000 IDENTIFIED IMPROVEMENTS BUILDING IMPROVEMENTS STRUCTURAL $1,000,000 •Administration Bldg. Space Planning $600,000 •Annex Bldgs.$100,000 IDENTIFIED IMPROVEMENTS BUILDING IMPROVEMENTS STRUCTURAL $1,000,000 •Administration Bldg. Space Planning $600,000 •Annex Bldgs.$100,000 •Garage $100,000 IDENTIFIED IMPROVEMENTS BUILDING IMPROVEMENTS STRUCTURAL $1,000,000 •Administration Bldg. Space Planning $600,000 •Annex Bldgs.$100,000 •Garage $100,000 •Asbestos & Lead Paint $ 30,000 IDENTIFIED IMPROVEMENTS BUILDING IMPROVEMENTS STRUCTURAL $1,000,000 •Administration Bldg. Space Planning $600,000 •Annex Bldgs.$100,000 •Garage $100,000 •Asbestos & Lead Paint $ 30,000 •ADA Compliance $ 40,000 IDENTIFIED IMPROVEMENTS BUILDING IMPROVEMENTS STRUCTURAL $1,000,000 •Administration Bldg. Space Planning $600,000 •Annex Bldgs.$100,000 •Garage $100,000 •Asbestos & Lead Paint $ 30,000 •ADA Compliance $ 40,000 •HVAC System $130,000 IDENTIFIED IMPROVEMENTS BUILDING IMPROVEMENTS STRUCTURAL $1,000,000 •Administration Bldg. Space Planning $600,000 •Annex Bldgs.$100,000 •Garage $100,000 •Asbestos & Lead Paint $ 30,000 •ADA Compliance $ 40,000 •HVAC System $130,000 OPERATIONAL $100,000 •FFE IDENTIFIED IMPROVEMENTS SITE IMPROVEMENTS •Generators $140,000 IDENTIFIED IMPROVEMENTS SITE IMPROVEMENTS •Generators $140,000 •EV Station $ 60,000 IDENTIFIED IMPROVEMENTS SITE IMPROVEMENTS •Generators $140,000 •EV Station $ 60,000 •Fueling Station $350,000 IDENTIFIED IMPROVEMENTS SITE IMPROVEMENTS •Generators $140,000 •EV Station $ 60,000 •Fueling Station $350,000 •CNG Station $400,000* IDENTIFIED IMPROVEMENTS SITE IMPROVEMENTS •Generators $140,000 •EV Station $ 60,000 •Fueling Station $350,000 •CNG Station $400,000 •Site Storage $100,000 IDENTIFIED IMPROVEMENTS SITE IMPROVEMENTS •Generators $140,000 •EV Station $ 60,000 •Fueling Station $350,000 •CNG Station $400,000 •Site Storage $100,000 •Parking Lot $200,000 RECAP & RECOMMENDATION Design Costs $300,000 Building Improvements Admin Bldg.$600,000 Annex Bldgs.$100,000 Garage $100,000 Asbestos & Lead Paint $ 30,000 ADA Compliance $ 40,000 HVAC System $130,000 Operational $100,000 Sub Total $1,100,000 Site Improvements Generator $140,000 EV Station $ 60,000 CNG Facility $400,000 Fuel Station $350,000 On-Site Storage $100,000 Parking Lot $200,000 Sub Total $1,250,000 Construction Contingency $200,000 Total $2,850,000 Design Costs $300,000 Building Improvements Admin Bldg.$600,000 Annex Bldgs.$100,000 Garage $100,000 Asbestos & Lead Paint $ 30,000 ADA Compliance $ 40,000 HVAC System $130,000 Operational $100,000 Sub Total $1,100,000 Site Improvements Generator $140,000 EV Station $ 60,000 CNG Facility $400,000 Fuel Station $350,000 On-Site Storage $100,000 Parking Lot $200,000 Sub Total $1,250,000 Construction Contingency $200,000 Total $2,850,000 QUESTIONS? STAFF REPORT ITEM NO. ________6_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Laura J. Thomas, Human Resources/Risk Manager DATE: November 3, 2021 SUBJECT: Approval of a One-Time City Hall-Closure, and Authorization to Offer Qualified Employees Time off During the Holidays SUMMARY This report requests City Council approval to close City Hall to visitors and costumers from December 20th through December 30th 2021, and offer qualified employees the opportunity to utilize accrued vacation, and/or holiday, and/or admin leave, and/or comp-time, and/or unpaid leave during the closure should the employees select to take time off. RECOMMENDATION Staff recommends that the City Council: 1. Approve Resolution No. 2021-031 entitled, “A Resolution of the City Council of the City of Baldwin Park, California, Approving a One-Time City Hall Closure from December 20th through December 30th 2021, and Authorizing Qualified Employees Time off during the Holidays”; and 2. Direct the CEO to provide adequate notification to the public and take appropriate measures to ensure City Emergency Operations remain uninterrupted during the closure. FISCAL IMPACT The cost is negligible and will be offset by energy savings due to closing. Costs, if any, can be absorbed within the current budget for FY 2021/22. BACKGROUND The Christmas Holiday is a period of very low activity at City Hall. Many contractors, engineers, and architects’ offices are closed for the Holiday Break. In December of 2017 and 2018, the City Council approved a One-Time City Hall Closure during the Christmas Holiday for General Employees (CEA, CMEA, and CCEA). The level of City Services were not impacted in any significant way, and emergency operations were staffed appropriately with no complaints about the closure. Moreover, Council’s approval was very well received by the City of Baldwin Park’s eligible employees. Due to the COVID-19 Pandemic, and the need for staff to assist during this crucial period without the disruption of services, some staff has accrued a significant amount of vacation/admin/comp-time and has not had the ability take an unrelieved break. Approving this one time closure will enable staff to take time off the books without the risk of losing those hours or transferring them to an additional bank of accruals. Safety Employees will not be affected and the Maintenance Yard (SEIU) already has provisions for light staffing during the holiday. Additionally, the City has notified the representing unions of the City’s intent for the temporary closure of City Hall. ALTERNATIVES The alternative is to keep City Hall open during the Christmas Holiday. LEGAL REVIEW This report does not require legal review. ATTACHMENT 1. Resolution No. 2021-031 RESOLUTION NO. 2021-031 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING A ONE-TIME CITY HALL CLOSURE FROM DECEMBER 20TH THROUGH 30TH 2021 AND AUTHORIZING QUALIFIED EMPLOYEES TIME OFF DURING THE HOLIDAYS WHEREAS, Authorization of a one-time City Hall Closure will allow staff to take a much needed unrelieved break post the peak the COVID-19 Pandemic; and WHEREAS, Approving this one-time closure will enable staff to take accumulated time off the books as a result of the pandemic, without the risk of losing those hours or transferring them to an additional bank of accruals; and WHEREAS, City Council recognizes that due to significant slowdown in business activity during the Christmas Holiday, Council may elect to close down City Hall December 20th through the 30th; and WHEREAS, City Council instructs the City to provide adequate notification to Baldwin Park residents informing them of the City Hall closure; and WHEREAS, City Council recognizes employees staffed in emergency operations that are legally required to be open for business, are exempt from this resolution. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park adopts Resolution No. 2021-XXX to authorize a One-Time City Hall closure of December 20th through December 30th of 2021, and authorizes qualified City Staff to utilize accrued vacation, and/or holiday, and/or admin leave, and/or comp-time, and/or unpaid leave during the closure. PASSED, APPROVED, and ADOPTED this 3rd day of November, 2021. _______________________________ EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-031 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on November 3, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK STAFF REPORT ITEM NO. ________7_________ TO: Honorable Mayor and Members of the City Council FROM: Enrique Zaldivar, Chief Executive Officer Laura J. Thomas, Human Resources/Risk Manager DATE: November 3, 2021 SUBJECT: Approve Additional Funding from the American Rescue Plan Act (ARP A) for Replacement of Chairs within City of Baldwin Park Facilities SUMMARY City Council previously approved an allocation in the amount of $45,000 from the American Rescue Plan Act (ARPA) funds to purchase new chairs for offices, conference rooms and visitor lobby areas located in City Hall, Public Works, and Recreational facilities. However, after conducting a complete inventory of furniture/office chairs and receiving pricing from three different vendors, staff has determined that additional funding is needed. Specifically, an increase of funding not to exceed $30,000 is being requested to complete the purchase. Approval of this request will allow the City to obtain a much-needed replacement of aging furniture for employees and visitors of City Hall. RECOMMENDATION Staff recommends that the City Council: 1. Approve an increased allocation of funding from the ARPA funds of $30,000 to purchase new office chairs in City Hall facilities; and 2. Authorize the Director of Finance to make the necessary budget appropriations and adjustments for the purchase of office chairs of an amount not to exceed $75,000. FISCAL IMPACT There is no fiscal impact to the General Fund. Approved funds will come from the American Rescue Plan Act (ARPA) revenue loss category. Approved funds for the current fiscal year are in the amount of $45,000. An additional appropriation in the amount of $30,000 is requested for a total project amount of $75,000. BACKGROUND A certain amount from the American Rescue Plan Act (ARPA) was previously approved and allocated to various departments to help with enhancements and upgrades to City facilities. This included the purchase of new chairs for employee workstations. A preliminary estimate of $45,000 was determined to be sufficient and previously approved by Council. Human Resources subsequently coordinated with City Departments to conduct an inventory of existing chairs located throughout the City, including employee workstations and conference rooms. As a result, it was determined that nearly 240 chairs would be sufficient to accommodate operational needs and corresponding quotes from vendors are attached. The inventory also revealed that the second priority would be to purchase an additional 40 chairs for Community and Recreation Services’ computer lab, replacement chairs for the lobby area of City Hall facilities and other special executive chairs. Separate quotes will be submitted to the City in the very near future for these chairs utilizing available funding. The City requested estimates for office chairs with features such as heavy duty dual wheel carpet casters, built in lumbar support, adjustable seat, back height adjustment, multi task control, adjustable arm rests with soft pads and fabric or memory foam space seating for maximum ergonomic seating comfort. Quotes for chairs with these features were received from Uline, Office Depot and Swedlows Distributors and are attached. Upon review of each quote, the City selected Swedlows Distributors. This vendor provided the best value for cost including free delivery and free assembly of up to 240 office chairs. The other vendors charged separate fees for delivery and set up making them lost cost effective to utilize. Upon Council approval, it is estimated that chairs can be delivered to City Hall facilities within a three-to-four-week time frame. The approval of this purchase will undoubtedly ensure City employees perform their jobs in a very safe and comfortable work setting. ALTERNATIVES The City Council may decide to consider re-prioritizing funding allocations under the ARPA. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Quote from Office Depot 2. Quote from Swedlows Distributors 3. Quote from Uline Incorporated Thank you for your interest in Uline! PROVIDED TO:SHIP TO: PRICING REQUEST NOTE: 1-800-295-5510 uline.com customer.service@uline.com Page 1 of 1 BALDWIN PARK CITY OF LTW 14403 PACIFIC AVE BALDWIN PARK CA 91706-4297 REQUEST # 59861141 16120813 FEDEX FRT 10/07/21 CUSTOMER NUMBER SHIP VIA REQUEST DATE QUANTITY U/M ITEM NUMBER DESCRIPTION UNIT PRICE EXT. PRICE SUB-TOTAL 50,400.00 SALES TAX 4,788.14 SHIPPING/HANDLING 1,155.97 TOTAL 56,344.11 1 BALDWIN PARK CITY OF 14403 PACIFIC AVE BALDWIN PARK CA 91706-4297 240 EA H-7690 ERGO MESH CHAIR 210.00 50,400.00 ATTENTION: CHRISTIAN SERNA STAFF REPORT ITEM NO. _________8________ TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: November 3, 2021 SUBJECT: Approval of the Procurement and Purchase of a Replacement Compress Natural Gas (CNG) Street Sweeper and Authorization to Process a Purchase Order SUMMARY This item seeks City Council approval for the procurement and purchase of a replacement Compresses Natural Gas (CNG) Regenerative Air Type Street Sweeper. The existing street sweeper is over 13 years old and has reached the end of its useful economic life. The item also seeks authorization to process a Purchase Order for Mar-Co Equipment Company, in an amount not-to-exceed $400,000 for the purchase of the street sweeper Model No. 2021 TYMCO 600 – CNG Regenerative Air Sweeper. RECOMMENDATION Staff recommends that the City Council approve the purchase of the 2021 TYMCO 600 – CNG Regenerative Air Sweeper in the amount of $372,852.51and $20,958.30 for the one-time purchase for maintenance program (Head Swap Program) and Operator/Tech Training at TYMCO. FISCAL IMPACT There is no fiscal impact on the General Fund. The funds for this purchase were approved in the FY 2021/22 Capital Improvement Program (CIP) Budget. The following is a breakdown of funds approved and project expenditures: Approved Budget Amount CIP 22-017 Measure R Local Return – Fund #251-50-520-58100-15095 $150,000 Measure W – Fund #251-50-520-58100-15095 $250,000 Total Approved Budget $400,000 Purchase Costs Amount Purchase Contract $393,810.81 Total Costs $393,810.81 BACKGROUND Street sweeping is an essential quality of life service that the City provides so that the community at large can enjoy the aesthetic of having clean streets free of trash, debris and other pollutants. It aids in the compliance of Federal Clean Water Act and conforms to the National Pollutants Discharge Elimination System (NPDES) Best Management Practices to protect storm water quality. However, over the years, the City has had to implement various cut back measures designed to help extend the life of the street sweepers and cuts to operational cost while meeting compliance with storm water regulations. Currently, the Maintenance Division operates two (2) street sweepers as part of the fleet; however, in recent years, a sharp increase in mechanical breakdowns have caused disruption to the street sweeping schedule, leading to a rise in resident complaints. The annual cost of maintenance and repairs now exceeds the equivalent annual cost to purchase, making it economically unfeasible to sustain. DISCUSSION Public Works staff has been using the existing TYMCO street sweeper for over thirteen (13) years and it is now at the end of its useful and economic life. Due to the sweeper’s lack of reliability, staff recommended that the City Council approve capital funds for FY 2021/22 to replace this sweeper. The recommended TYMCO sweeper is of the same model (600) with many technology upgrades including a 2022 Freightliner M2 112 CNG Chassis, Camera-rear and pick up head view, 6-yard usable Hopper/87-inch Pick up head. The Cummins 8.9L engine delivers 300 horse power and is industry recognized as being reliable. Another notable option is a stainless-steel hopper assembly, blower housing and dust separator cover which will not rust and will provide for ease of cleaning and maintenance. Fueled by CNG, this is a low emissions clean air vehicle and meets the AQMD’s PM 10 requirement for air quality. Staff has been working with several sweeper vendors to provide the City a sweeper that is compatible with our streets’ tight turning radii and in some cases servicing narrow dead end streets all the while being affordable and reliable. An additional feature that results inefficiency for suction and fuel consumption is regenerative air sweeper function. Other street sweepers and their vendors considered for purchase were: Company Regenerative Air Type Sweeper Model Cost Mar-Co Equipment Co 2021 TYMCO 600 – CNG Regenerative Air Sweeper including additional options Pick-up head swap Program and TYMCO certification and training for two employees in the amount of $20,958.30 $393,810.81 Haaker Equipment Co Elgin CNG Crosswind J Sweeper $384,528.00 Schwarze Industries A7 Tornado – CNG Regenerative Air Non Responsive Staff recommends that as part of the purchase the City opts-in on a “Pick-up head swap program” and certified training for an operator and a fleet mechanic. Both services and training options will ensure the equipment is properly calibrated and operational reducing time and saving on maintenance in the long run. Staff will be certified under TYMCO certification program and staff will be able to better service the equipment and utilize all the sweeper’s capabilities ensuring streets are clean to the highest quality. ALTERNATIVES 1. The City Council may choose not to approve purchase at this time and instruct staff to bring the item back at a later date with additional costs options. With only one sweeper operational, this action is not recommended as it will negatively affect and prolong the quality and rate at which the streets are being swept. 2. Provide Staff with an alternative direction. LEGAL REVIEW Not required. ATTACHMENTS 1. Vendors Quotes MAR-CO EQUIPMENT COMPANY 130 Atlantic Street Pomona, CA 91768 800-423-6220 www.marcoequip.com Date: 10/20/2021 Quote #: 0921072 Delivery: 120-150 ARO City of Baldwin Park 13135 Garvey Ave. Baldwin Park, Ca. 91706 Anthony Vazquez/626-244-0100 TYMCO 600 CNG Regenerative Air Sweeper 6-Yard Usable Hopper/87-Inch Pick Up Head 220 Gallons of Water Freightliner M2-112 CNG Chassis Steve Enriquez Territory Manager 909-548-9281 senriquez@marcoequip.com Qty Item #Name Price Total 1 600 CNG 2021 TYMCO 600 CNG Regenerative Air Sweeper $350,447.50 $350,447.50 CNG Auxiliary Engine Exchange Included Auxiliary Hydraulic System Included Hydraulic Oil Shut Down System Included Gutter Broom Tilt Adjuster- Right Included Gutter Broom Variable Speed- Right Included Hydrant Wrench Included Low Emission Package Included Abrasion Protection Package Included Dump Switch in Cab Included Auto Sweep Interrupt Included Broom Assist Head Included Pick Up Head (PUH) Curtain Lifter Included 3" Gutter Broom Arm Extention- Right Included Stainless Steel Hopper Included Stainless Steel Bolt-On Blower Housing Included Stainless Steel High Capacity Dust Separator Included PUH Pressure Inlet Water Injection- Manual Included Chassis Section 1 FL M2 112 2022 Freightliner M2 112 CNG Included LED Arrow Stick Included Camera- Rear and Pick Up Head View Included Trade In Sweeper- VIN# 1FVAB6BV27DY06648 -$10,000.00 -$10,000.00 Warranty: 12 Month/1000 Hours Sweeper Mfg Warranty 36 Month Chassis Mfg Warranty 1 Freight Manufacturers In Bound Freight FOB Destination Included 2 Battery California State Battery Fee $1.00 $2.00 6 Tire California State Tire Fee $1.75 $10.50 Subtotal $340,460.00 Estimated CA DMV Fees $50.00 Sales Tax 9.500%$32,342.51 TOTAL $372,852.51 Customer Authorization Signature X Office Use Only: Thank you for your business. 2070 North White Avenue, La Verne, California 91750 (909) 598-2706 ~ FAX (909) 598-1427 ~ haaker.com BUDGET PROPOSAL October 06, 2021 TO: City of Baldwin Park 13135 Garvey Ave ATTN: Joe Licitra Equipment Fleet Manager Baldwin Park, CA 91706 626-960-3993 Email: jlicitra@baldwinpark.com In accordance with your request, we are pleased to submit the following proposal for your consideration. NEW ELGIN CNG CROSSWIND J SWEEPER Crosswind Regenerative Air Street Sweeper with 115 HP Auxiliary Engine on 2022 Freightliner M2 112 CNG Chassis. Unit Painted Elgin Standard White with Elgin Gray Undercarriage. · Alternator, 95 amp · Auto Shutdown, Aux. Engine · Backup Alarm, electric Standard Equipment · Lights, rear clearance and rear identification · Manuals, operator and parts · Mirrors, West Coast type with 8" convex inserts, one · Blower, 20,000 CFM rating with linatex lined housing · Brooms, hydraulic rotation · Brooms, Dual · Broom Measurement Ruler · Camera, rear mounted · Console, w/rocker switches for all sweep functions, including memory sweep with full gauge package including tachometer, engine hour meter, oil pressure indicator, coolant temperature, voltmeter and fuel lever indicator, water level gauge and warning lights for hopper pressure controls and manual reset circuit breakers · Doors, access fiberglass doors provide easy service and maintenance on auxiliary engine, hydraulic and electrical system · Electronic Throttle, sweep resume/sweep transport/reverse pick-up · Fuel Water Separator on Aux Engine · Hopper rear door, hydraulically opened/closed and locked/unlocked with external controls. · Hose, hydrant fill, 16' 8" with coupling · In-Cab Hopper Dump · LED Clearance Lights each side · Pick-up head, hydraulically operated, 14" (355 mm) outside diameter pressure hose, 12-3/4" (324mm) inside diameter suction hose with quick disconnect on suctions side · Spray nozzles, sixteen (16), seven (7) in the pick-up head, three (3) in the suction nozzle, three (3) at each side broom · Side Broom Outer Position Stop · Trans Oil Cooler · Vacuum enhancer, in-cab operated · Water tank, molded polyethylene, 240 gallons (907L) · Water pre-filter, hydrant fill hose · AM/FM/CD Radio · Left Hand Fender Mirror · Right and Left Hand Heated and Remote Controlled Mirrors · Sweeper Painted Standard White · Chassis Painted Standard White · Red Logo · Sweeper - Operator Manual · Sweeper Parts Manual Included Options · PM-10 Complaint · Sidebroom Tilt Option Right Hand · Sidebroom Tilt Option Left Hand · Lifeliner Hopper System · Right Hand Inspection Door with Step and Handle · Left Hand Inspection Door with Step and Handle · 6" Hopper Drain · Hopper Deluge · Auxiliary Hydraulic Pump · (1) Extra Key - Auxiliary Engine · (2) Alternating Flashing Rear Lights · Slow Moving Vehicle Sign · Triangle Reflective Flares (3) · Warranty through 2nd Year (Parts/Labor) · Sweeper Service Manual · Whelen Light package Includes Traffic Advisor, Strobes, Controller, Beacons · Safety Triangles · Hydrant Wrench · 5# Fire Extinguisher · Carbide Dirt Shoes Unit Price: ....................................................................................... $ 384,528.00 Plus Applicable Tax THE PROPERTY HEREIN IS GUARANTEED BY MANUFACTURER'S WARRANTY ONLY AND SELLER MAKES NO WARRANTY EXPRESSED OR IMPLIED, OF MERCHANTABILITY OR OTHERWISE, OR OF FITNESS FOR ANY PARTICULAR PURPOSE, THAT EXTENDS BEYOND THE ABOVE DESCRIPTION OF THE EQUIPMENT. NOTE: Price is good for 30 days. Cost increases due to the addition of Government mandated safety or environmental devices incurred after the date of this proposal, will be charged to you at our cost. Proof of such costs, if any, will be documented. TAXES: SALES TAX applicable at time of delivery will be shown on our invoice. FEDERAL EXCISE TAXES, if applicable, will require payment unless a properly executed Exemption Certificate is submitted. DELIVERY: 120-180 Days TERMS: Net 30 or Approved Lease We appreciate the opportunity to present this proposal and look forward to being of further and continued service. HAAKER EQUIPMENT COMPANY ACCEPTED BY: BY: Chuy Vallejo DATE: MAR-CO EQUIPMENT COMPANY 130 Atlantic Street Pomona, CA 91768 800-423-6220 www.marcoequip.com Date: 10/20/2021 Quote #: 0921073 City of Baldwin Park 13135 Garvey Ave. Baldwin Park, Ca. 91706 Anthony Vazquez 626-244-0100 HEAD SWAP PROGRAM (HSP)- TYMCO 600BAH • Complete BAH Pick Up Head Assembly • Curtain Change Out Service • Pick Up Head Housed at Mar-Co Equipment • HSP Option Includes Parts and Labor Steve Enriquez Territory Manager 909-548-9281 senriquez@marcoequip.com Qty Item #Name Price Total 1 HSP Initial Head Swap Program Purchase Price $3,600.00 $3,600.00 6 HSP OPT2 Pick Up Head ready and swapped at Mar-Co Shop $2,190.00 $13,140.00 Head Swap intervals every 400 Hours 2 TEC-TRAIN Operator/Tech Training at TYMCO Room and Board $1,200.00 $2,400.00 Subtotal $19,140.00 Sales Tax 9.500%$1,818.30 TOTAL $20,958.30 Customer Authorization Signature X Office Use Only: Thank you for your business. STAFF REPORT ITEM NO. ________9_________ TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: November 3, 2021 SUBJECT: Second Reading of Ordinance No. 1463 Entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, (Retail Sales of Tobacco Products) Amending Section 125 (Requirements and Prohibitions) of Chapter 125 of the City of Baldwin Park Municipal Code to Prohibit the Sale of Flavored Tobacco Products” SUMMARY This report requests City Council’s consideration to approve the Second Reading of Ordinance No. 1463 to prohibit the sale of flavored tobacco products. Ordinance No. 1463 was introduced for first reading during a regular meeting of the City Council on October 6, 2021; adding the prohibition of cannabis flavored tobacco products and making the ordinance effective as of January 1, 2022. RECOMMENDATION Staff recommends that the City Council waive second reading and adopt Ordinance No. 1463, entitled: “An Ordinance of the City Council of the City of Baldwin Park, California, (Retail Sales of Tobacco Products) Amending Section 125 (Requirements and Prohibitions) of Chapter 125 of the City of Baldwin Park Municipal Code to Prohibit the Sale of Flavored Tobacco Products” FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1463 was introduced for first reading during a regular meeting of the City Council held on October 6, 2021. ALTERNATIVES Not Applicable LEGAL REVIEW This ordinance has been reviewed by the City Attorney ATTACHMENTS 1. Ordinance No. 1463 2. Amendeds to the Municipal Code ORDINANCE NO. ______ AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK (RETAIL SALES OF TOBACCO PRODUCTS) AMENDING SECTION 125.020 (REQUIREMENTS AND PROHIBITIONS) OF CHAPTER 25 OF THE CITY OF BALDWIN PARK MUNICIPAL CODE TO PROHIBIT THE SALE OF FLAVORED TOBACCO PRODUCTS WHEREAS, the potential failure of tobacco retailers to comply with tobacco control laws, particularly laws prohibiting the sale of tobacco products to minors, presents a threat to the public health, safety, and welfare of the residents of the City of Baldwin Park (the “City”); WHEREAS, the federal Family Smoking Prevention and Tobacco Control Act (Tobacco Control Act), enacted in 2009, prohibited candy and fruit flavored cigarettes, largely because these flavored products were marketed to youth and young adults, and younger smokers were more likely than older smokers to have tried these products; WHEREAS, although the manufacture and distribution of flavored cigarettes (excluding menthol) are banned by federal law, neither federal law nor California law restricts the sale of menthol cigarettes or flavored non-cigarette tobacco products, such as cigars, cigarillos, smokeless tobacco, hookah tobacco, electronic smoking devices, and the solutions used in these devices; WHEREAS, flavored tobacco products are very common in California tobacco retailers as evidenced by the following: • 97.4% of stores that sell cigarettes sell menthol cigarettes; • 94.5% of stores that sell little cigars sell them in flavored varieties; • 84.2% of stores that sell electronic smoking devices sell flavored varieties; and • 83.8% of stores that sell chew or snus sell flavored varieties; WHEREAS, more than 1 in 4 stores located within 1,000 feet of California schools sell tobacco, and more than 3 out of 4 of these tobacco retailers sell flavored tobacco products (not including mentholated cigarettes); WHEREAS, mentholated and flavored products have been shown to be “starter” products for youth who begin using tobacco and that these products help establish tobacco habits that can lead to long-term addiction; WHEREAS, at least one study has found that the majority of smokeless tobacco users reported that the first smokeless product they used was mint-flavored (such as ice, mint, spearmint, or wintergreen flavors), and almost two-thirds who transitioned to daily use of smokeless tobacco products first used a mint-flavored product; WHEREAS, young people are much more likely than adults to use menthol, candy and fruit flavored tobacco products, including cigarettes, cigars, cigarillos, and hookah tobacco; WHEREAS, 70% of middle school and high school students who currently use tobacco, report using flavored products that taste like menthol, alcohol, candy, cotton candy, bubble gum, fruit, chocolate, or other sweets; WHEREAS, data from the National Youth Tobacco Survey indicate that more than two-fifths of US middle school and high school smokers report using flavored little cigars or flavored cigarettes; WHEREAS, much of the growing popularity of small cigars and smokeless tobacco is among young adults and appears to be linked to use of flavored products; WHEREAS, the Centers for Disease Control and Prevention has reported a more than 800% increase in electronic cigarette use among middle school and high school students between 2011 and 2015; WHEREAS, nicotine solutions, which are consumed via electronic smoking devices such as electronic cigarettes, are sold in dozens of flavors that appeal to youth, such as cotton candy and bubble gum; WHEREAS, the California Attorney General has stated that electronic cigarette companies have targeted minors with fruit-flavored products; WHEREAS, between 2004 and 2014 use of non-menthol cigarettes decreased among all populations, but overall use of menthol cigarettes increased among young adults (ages 18 to 25) and adults (ages 26+); WHEREAS, people ages 12 and older from communities of color are more likely to smoke mentholated cigarettes and flavored tobacco products as evidenced by the following percentages of people who smoke cigarettes reported smoking mentholated cigarettes in the last month; a. 82.6% of Black or African American individuals; b. 53.2% of Native Hawaiians or Other Pacific Islanders; c. 36.9% of individuals with multiracial backgrounds; d. 32.3% of Hispanic or Latino individuals; e. 31.2% of Asian individuals; f. 24.8% of American Indians or Alaska Natives; and g. 23.8% of White or Caucasian individuals; WHEREAS, adding menthol and other flavorings to tobacco products, such as cigarettes, little cigars, cigarillos, and smokeless tobacco, can mask the natural harshness and taste of tobacco, making these products easier to use and increasing their appeal among youth; WHEREAS, the tobacco industry has been manipulating the dose of menthol in cigarettes to ensure the uptake and continued use of tobacco, especially by young people and vulnerable populations for many years; WHEREAS, smoking mentholated cigarettes and flavored tobacco products reduces the likelihood of successfully quitting smoking; WHEREAS, the tobacco industry has a well-documented history of developing and marketing mentholated and flavored tobacco brands to communities of color and youth; WHEREAS, a review of advertising, promotions, and pack prices near California high schools found that “for each 10 percentage point increase in the proportion of Black students, the proportion of menthol advertising increased by 5.9% … the odds of a Newport [a leading brand of mentholated cigarettes] promotion were 50% higher … and the cost of Newport was 12 cents lower.” There was no such association found for non-mentholated and non-flavored cigarettes and tobacco products; WHEREAS, a study found that price reduction promotions for menthol cigarettes and flavored tobacco products are disproportionately targeted to youth markets; WHEREAS, scientific reviews by the Tobacco Products Scientific Advisory Committee and the United States Federal Drug Administration found marketing of menthol cigarettes and flavored tobacco products likely increases the prevalence of smoking among the entire population, and especially among youth, African Americans, and possibly Hispanic and Latino individuals; WHEREAS, scientific studies on the impact of a national ban on menthol in cigarettes and flavored tobacco products found 36.5% of menthol and flavored tobacco products users would try to quit smoking if menthol and flavored tobacco products were banned and between 300,000 and 600,000 lives would be saved by 2050; WHEREAS, the Attorney General of State of California supports the ban against flavored tobacco products and has filed a brief with the Ninth Circuit Court in support of the ban; WHEREAS, an evaluation of New York City’s law, which prohibits the sale of all flavored tobacco, excluding menthol, found that as a result of the law, youth had 37% lower odds of ever trying flavored tobacco products and 28% lower odds of ever using any type of tobacco; WHEREAS, the flavored tobacco ordinance of the City and County of San Francisco (“San Francisco”) was implemented in the fall of 2018. To date, no holder of a San Francisco tobacco retailer license is known to have gone out of business because of the flavored tobacco ordinance; and WHEREAS, the prohibitions set forth herein would still provide for the sale of tobacco-flavored tobacco products. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals above are true and correct and incorporated herein by reference. SECTION 2. Section 125.020 of Chapter 25 (Tobacco Retail Licensing) of the City of Baldwin Park Municipal Code is hereby amended by the following new definitions and such Section 125.020 shall be reorganized upon the inclusion of such additional definitions to ensure that all definitions therein are set forth in alphabetical order: “Characterizing flavor” means a taste or aroma, other than the taste or aroma of cannabis or tobacco, imparted either prior to or during consumption of a cannabis or tobacco product or any byproduct produced by the cannabis or tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, cotton candy, herb, bubble gum, spice, or any other flavor that is designed to mask the aroma and flavor of natural cannabis or tobacco or tobacco or cannabis-related products. Characterizing flavor includes flavor in any form, mixed with, or otherwise added to, any cannabis or tobacco product or nicotine delivery device, including electronic smoking devices. “Electronic smoking device” means any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, or vape pen. Electronic smoking device includes any component, part, or accessory of the devise, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains cannabis or nicotine. Electronic smoking device does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. “Flavored cannabis or tobacco product” means any tobacco or cannabis product, which imparts a characterizing flavor. There shall be a rebuttable presumption that a tobacco or cannabis product is a flavored tobacco or cannabis product if a tobacco or cannabis retailer or any employee or agent of a tobacco retailer has: (i) made a public statement or claim that the tobacco or cannabis product imparts a characterizing flavor; (ii) used text and/or images on the cannabis or tobacco retail product’s labeling or retail packaging to explicitly or implicitly indicate that the cannabis or tobacco product imparts a characterizing flavor; or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the cannabis or tobacco product imparts a characterizing flavor “Tobacco or Cannabis paraphernalia” means any item designed or marketed for the consumption, use, or preparation of cannabis or tobacco products. “Tobacco or Cannabis product” means: 1. any product containing, made, or derived from cannabis, tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to, cigarettes, edibles, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; 2. any electronic smoking device that delivers cannabis or nicotine or other substances to the person inhaling from the device, including, but not limited to an electronic device, cigarette, electronic cigar, electronic pipe; or 3. any component, part, or accessory intended or reasonably expected to be used with a tobacco or cannabis product, whether or not sold separately or any of these contains cannabis, tobacco or nicotine. “Tobacco product” does not include any product that has been approved by the United States Food and Drug Administration for sale as a tobacco cessation product or for other therapeutic purposes where such product is marketed and sold solely for such an approved purpose. “Tobacco or Cannabis retailer” means any person who sells from a retail establishment, offers for sale from a retail establishment, or does or offers to exchange for any form of consideration, tobacco, tobacco products, or tobacco paraphernalia from a retail establishment. “Tobacco retailing” shall mean the doing of any of these things. This definition is without regard to the quantity of cannabis or tobacco products or cannabis or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. SECTION 3. Section 125.020 of Chapter 25 of the City of Baldwin Park Municipal Code is hereby amended by the addition of a new Subsection, which shall read as follows and be set forth in alphabetical order within Section 125.020: H. No tobacco or cannabis retailer shall sell or offer for sale or possess with the intent to sell or offer for retail sale in the City of Baldwin Park, any flavored cannabis or flavored tobacco product or any component, part, or accessory intended to impart or imparting a characterizing flavor in any form, to any cannabis or tobacco product or nicotine or cannabis delivery device, including electronic smoking devices. There shall be a rebuttable presumption that a cannabis or tobacco product is a flavored cannabis or tobacco product if a cannabis tobacco retailer or any employee or agent of a cannabis or tobacco retailer has: 1. made a public statement or claim that the cannabis or tobacco product imparts a characterizing flavor; 2. used text and/or images on the cannabis or tobacco product’s retail labeling or retail packaging to explicitly or implicitly indicate that the cannabis or tobacco product imparts a characterizing flavor; or 3. taken action directed to consumers in the retail business that would be reasonably expected to cause consumers to believe the cannabis or tobacco product imparts a characterizing flavor. SECTION 4. Inconsistent Provisions. Any provision of the City of Baldwin Park Municipal Code or appendices thereto inconsistent with the provisions of this Ordinance, to the extent of such inconsistencies and no further, is hereby repealed or modified to the extent necessary to implement the provisions of this Ordinance as it relates to retail sales only. SECTION 5. Severability. If any section, subsection, subdivision, paragraph, sentence, clause or phrase of this Ordinance, or any part thereof is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance or any part thereof. The City Council hereby declares that it would have passed each section, subsection, subdivision, paragraph, sentence, clause or phrase thereof, irrespective of the fact that any one or more section, subsection, subdivision, paragraph, sentence, clause or phrase would be subsequently declared invalid or unconstitutional. SECTION 6. Publication and Effective Date. The Mayor shall sign, and the City Clerk shall attest to the passage of this Ordinance. The City Clerk shall cause the same to be published once in a newspaper of general circulation within fifteen (15) days after its adoption. PASSED, APPROVED AND ADOPTED by the City Council of the City of City of Baldwin Park at the regular meeting of this _____th day of ______________, 2021. By:________________________________ Mayor of the City of Baldwin Park ATTEST: By:_________________________________ City Clerk of the City of Baldwin Park § 125.010 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. ARM'S LENGTH TRANSACTION. A sale in good faith and for valuable consideration that reflects the fair market value in the open market between two informed and willing parties, neither of which is under any compulsion to participate in the transaction. A sale between relatives, related companies or partners, or a sale for which a significant purpose is avoiding the effect of the violations of this chapter is not an arm’s length transaction. CHILD-RESISTANT PACKAGING. Packaging that meets the definition set forth in Code of Federal Regulations, title 16, section 1700.15(b), as in effect on January 1, 2015, and was tested in accordance with the method described in Code of Federal Regulations, title 16, section 1700.20, as in effect on January 1, 2015. COUPON. Any voucher, rebate, card, paper, note, form, statement, ticket, image, or other issue, whether in paper, digital, or other form, used for commercial purposes to obtain an article, product, service, or accommodation without charge or at a discounted price. DEPARTMENT. Community Development Department, and any agency or person designated by the Chief Executive Officer to enforce or administer the provisions of this chapter. ELECTRONIC SMOKING DEVICE. Any device that may be used to deliver any aerosolized or vaporized substance to the person inhaling from the device, including, but not limited to, an e-cigarette, e-cigar, e-pipe, or vape pen. Electronic smoking device includes any component, part, or accessory of the device, and also includes any substance that may be aerosolized or vaporized by such device, whether or not the substance contains cannabis or nicotine. Electronic smoking device does not include drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. FLAVORED TOBACCO PRODUCT. Any tobacco product that contains a taste or smell, other than the taste or smell of cannabis or tobacco, that is distinguishable by an ordinary consumer either prior to, or during the consumption of, a cannabis or tobacco product, including, but not limited to, any taste or smell relating to fruit, menthol, mint, wintergreen, chocolate, cocoa, vanilla, honey, molasses, or any candy, dessert, alcoholic beverage, herb, or spice. FULL RETAIL PRICE. The price listed for a tobacco product on its packaging or on any related shelving, advertising, or display where the tobacco product is sold or offered for sale, plus all applicable taxes and fees if such taxes and fees are not included in the listed price. There are no retail sales of cannabis permitted in Baldwin Park. Thus, this term is not applicable to cannabis at this time. MOVABLE PLACE OF BUSINESS. Any form of business that is operated out of a kiosk, truck, van, automobile or other type of vehicle or transportable shelter and not a fixed address store front or other permanent type of structure authorized for sales transactions. PERSON. Any natural person, partnership, cooperative association, corporation, personal representative, receiver, trustee, assignee, or any other legal entity. PROPRIETOR. A person with an ownership or managerial interest in a business. An ownership interest shall be deemed to exist when a person has a 10% or greater interest in the stock, assets, or income of a business other than the sole interest of security for debt. A managerial interest shall be deemed to exist when a person can or does have or share ultimate control over the day-to-day operations of a business. RECREATION FACILITY. An area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes, and includes but is not limited to a gymnasium, playing court, playing field, and swimming pool. SELF-SERVICE DISPLAY. The open display or storage of tobacco products or tobacco paraphernalia in a manner that is physically accessible in any way to the general public without the assistance of the retailer or employee of the retailer and a direct person-to-person transfer between the purchaser and the retailer or employee of the retailer. A vending machine is a form of self-service display. SMOKING. Possessing a lighted cannabis or tobacco product, lighted tobacco paraphernalia, or any other lighted weed or plant (including a lighted pipe, cigar, or cigarette of any kind) and means the lighting of a tobacco product, tobacco paraphernalia, or any other weed or plant (including a pipe, cigar, hookah pipe, or cigarette of any kind). TOBACCO PARAPHERNALIA. Cigarette papers or wrappers, pipes, holders of smoking materials of all types, cigarette rolling machines, and any other item designed for the smoking, preparation, storing, or consumption of tobacco products. TOBACCO or CANNABIS PRODUCT. (1) Any product containing, made of, or derived from cannabis or tobacco or nicotine that is intended for human consumption or is likely to be consumed, whether inhaled, absorbed, or ingested by any other means, including but not limited to, a cigarette, a cigar, pipe tobacco, chewing tobacco, snuff, or snus; or (2) any electronic smoking device and any substances that may be aerosolized or vaporized by such device, whether or not the substance contains cannabis or nicotine; or (3) any component, part, or accessory of (1) or (2), whether or not any of these contains cannabis or tobacco or nicotine, including but not limited to filters, rolling papers, blunt or hemp wraps, mouthpieces, and pipes. “Tobacco product” does not mean drugs, devices, or combination products authorized for sale by the U.S. Food and Drug Administration, as those terms are defined in the Federal Food, Drug, and Cosmetic Act. TOBACCO or CANNIBIS RETAILER. Any person who sells in a retail establishment, offers for retail sale, or does or offers to exchange for any form of consideration, tobacco, tobacco products or tobacco paraphernalia in a retail transaction. TOBACCO or CANNAIS RETAILING. The doing of any of the activities mentioned in the definition of tobacco retailer. This definition is without regard to the quantity of tobacco, tobacco products, or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. YOUTH-SERVING FACILITY. A parcel in the City of Baldwin Park that is occupied by: (1) a private or public kindergarten, elementary, middle, junior high, or high school; (2) a library open to the public; (3) a playground open to the public; (4) a youth center, defined as a facility where children, ages 6 to 17, inclusive, come together for programs and activities; (5) a recreation facility open to the public, defined as an area, place, structure, or other facility that is used either permanently or temporarily for community recreation, even though it may be used for other purposes; (6) a park open to the public or to all the residents of a private community; (7) a licensed child-care facility or preschool [other than a small-family day care home or a large-family day care home [as defined in California Health & Safety Code § 1596.78]; § 125.020 REQUIREMENTS AND PROHIBITIONS. (A) Tobacco retailer license required. It shall be unlawful for any person to act as a tobacco retailer in the city without first obtaining and maintaining a valid tobacco retailer's license pursuant to this chapter for each location at which that activity is to occur. Tobacco retailing without a valid tobacco retailer's license is a nuisance as a matter of law. No retail sale of cannabis is allowed in the City of Baldwin Park. (B) Lawful business operation. In the course of tobacco retailing or in the operation of the business or maintenance of the location for which a license issued, it shall be a violation of this chapter for a licensee, or any of the licensee's agents or employees, to violate any local, state, or federal law applicable to tobacco products, tobacco paraphernalia, or tobacco retailing. (C) Display of license. Each tobacco retailer license shall be prominently displayed in a publicly visible location at the licensed location. (D) Positive identification required. No person engaged in tobacco retailing shall sell or transfer a tobacco product or tobacco paraphernalia to another person who appears to be under the age of 27 years without first examining the identification of the recipient to confirm that the recipient is at least the minimum age under state law to purchase and possess the tobacco product or tobacco paraphernalia. (E) Minimum age for persons selling tobacco. No person who is younger than the minimum age established by state law for the purchase or possession of tobacco products shall engage in tobacco retailing. (F) False and misleading advertising prohibited. A tobacco retailer or proprietor without a valid tobacco retailer license, including, for example, a person whose license has been revoked: (G) Smoking prohibited. Smoking, including smoking for the purpose of sampling any tobacco or cannabis product, is prohibited within the indoor area of any retail establishment licensed under this chapter. Smoking is also prohibited outdoors within 25 feet of any retail establishment licensed under this chapter. (H) Minimum legal sales age. No person engaged in tobacco retailing shall sell a tobacco product to a person under 21 years of age. § 125.021. RETAIL SALE OF FLAVORED TOBACCO OR CANNABIS PRODUCTS PROHIBITED. (A) Flavored cannabis or tobacco product sales prohibited. It shall be unlawful for any tobacco or cannabis retailer (if at some point allowed in the City) to sell any flavored tobacco or cannabis product. (B) Presumptive flavored cannabis or tobacco product. A public statement or claim made or disseminated by the retailer of a tobacco product, or by any person authorized or permitted by the retailer to make or disseminate public statements concerning such tobacco or cannabis product, that such cannabis or tobacco product has a taste or smell other than cannabis or tobacco shall constitute presumptive evidence that the tobacco or cannabis product is a flavored cannabis or tobacco product. § 125.022. TOBACCO PRODUCT PRICING AND PACKAGING. (A) Retail Packaging and labeling. No tobacco retailer shall sell any tobacco product to any consumer unless the tobacco product: (1) is sold in the manufacturer’s packaging intended for sale to consumers; (2) conforms to all applicable federal labeling requirements; and (3) conforms to all applicable child-resistant packaging requirements. (B) Display of price. The price of each tobacco product offered for sale shall be clearly and conspicuously displayed on the tobacco product or on any related shelving, posting, advertising, or display at the location where the item is sold or offered for sale. (C) Distribution of tobacco samples or promotional items. It is unlawful for any person to distribute free or nominally priced tobacco products. (D) Prohibition of tobacco coupons and discounts. No tobacco retailer shall provide any free or discounted item to a consumer in consideration for the purchase of any tobacco product. § 125.030 LIMITS ON ELIGIBILITY FOR A TOBACCO RETAILER LICENSE. (A) Mobile vending. No license may be issued to authorize tobacco retailing at other than a fixed location. For example, tobacco retailing by persons on foot or from vehicles is prohibited. (B) Residential areas. No license may be issued to authorize tobacco retailing at any location that is exclusively zoned for residential uses (R-1, RG or R3 zones). § 125.040 APPLICATION PROCEDURE. (A) (1) Application for a tobacco retailer's license shall be submitted in the name of each proprietor proposing to conduct tobacco retailing and shall be signed by each proprietor or an authorized agent thereof. No application for cannabis retail sales is allowed in Baldwin Park. (2) It is the responsibility of each proprietor to be informed regarding all laws applicable to tobacco retailing, including those laws affecting the issuance of a tobacco retailer's license. No proprietor may rely on the issuance of a license as a determination by the city the proprietor has complied with all laws applicable to tobacco retailing. A license issued contrary to this chapter, contrary to any other law, or on the basis of false or misleading information supplied by a proprietor shall be revoked pursuant to § 125.080 of this chapter. Nothing in this chapter shall be construed to vest in any person obtaining and maintaining a tobacco retailer's license any status or right to act as a tobacco retailer in contravention of any provision of law. (3) All applications shall be submitted on a form supplied by the Department and shall contain the following information: (a) The name, address, and telephone number of each proprietor of the business seeking a license. (b) The business name, address, and telephone number of the single, fixed location for which a license is sought. (c) A single name and mailing address authorized by each proprietor to receive all communications and notices (the "authorized address") required by, authorized by, or convenient to the enforcement of this chapter. If an authorized address is not supplied, each proprietor shall be understood to consent to the provision of notice at the business address specified in division (b) above. (d) Proof the location for which a tobacco retailer's license is sought has been issued a valid state tobacco retailer's license by the California Board of Equalization. (e) Whether or not any proprietor or any agent of the proprietor has admitted violating, or has been found to have violated, this chapter and, if so, the dates and locations of all such violations within the previous five years. If person filing the application for a tobacco retailer does not disclose past violations and a license is issued, the license can be revoked as soon as the past violations are discovered pursuant to § 125.110 below. (f) Such other information as the Chief Executive Officer deems necessary for the administration or enforcement of this chapter as specified on the application form required by this section. (B) A licensed tobacco retailer shall inform the Department in writing of any change in the information submitted on an application for a tobacco retailer's license within ten business days after a change. (C) All information specified in an application pursuant to this section shall be subject to disclosure under the California Public Records Act (California Government Code § 6250 et seq.) or any other applicable law, subject to the laws' exemptions. § 125.050 ISSUANCE OF LICENSE. Upon the receipt of a completed application for a tobacco retailer's license and the license fee required by this chapter, the Department shall issue a license unless substantial evidence demonstrates that one or more of the following bases for denial exist: (A) The information presented in the application is inaccurate or false. Intentionally supplying inaccurate or false information shall be a violation of this chapter. (B) The application seeks authorization for tobacco retailing at a location for which this chapter prohibits issuance of tobacco retailer licenses. However, this subparagraph shall not constitute a basis for denial of a license if the applicant provides the city with documentation demonstrating by clear and convincing evidence the applicant has acquired or is acquiring the location or business in an arm’s length transaction. (C) The application seeks authorization for tobacco retailing for a proprietor to whom this chapter prohibits a license to be issued. (D) The application seeks authorization for tobacco retailing that is prohibited pursuant to this chapter, that is unlawful pursuant to this code, including, without limitation, the zoning ordinance, building code, and business license tax ordinance, or that is unlawful pursuant to any other law. § 125.060 INTENTIONALLY LEFT BLANK § 125.070 LICENSES NONTRANSFERABLE. (A) A tobacco retailer's license may not be transferred from one person to another or from one location to another. A new tobacco retailer's license is required whenever a tobacco retailing location has a change in proprietor(s). (B) Notwithstanding any other provision of this chapter, prior violations at a location shall continue to be counted against a location and license ineligibility periods shall continue to apply to a location unless: (1) The location has been fully transferred to a new proprietor or fully transferred to entirely new proprietors; and (2) The new proprietor(s) provide the city with clear and convincing evidence the new proprietor(s) have acquired or is acquiring the location in an arm’s length transaction. § 125.080 LICENSE CONVEYS A LIMITED, CONDITIONAL PRIVILEGE. Nothing in this chapter shall be construed to grant any person obtaining and maintaining a tobacco retailer's license any status or right other than the limited conditional privilege to act as a tobacco retailer at the location in the city identified on the face of the permit. For example, nothing in this chapter shall be construed to render inapplicable, supersede, or apply in lieu of, any other provision of applicable law, including but not limited to, any provision of this Code, including, without limitation, the zoning ordinance, building codes, and business license tax ordinance, or any condition or limitation on smoking in an enclosed place of employment pursuant to Cal. Lab. Code § 6404.5. For example, obtaining a tobacco retailer license does not make the retailer a "retail or wholesale tobacco shop" for the purposes of Cal. Lab. Code § 6404.5. § 125.090 FEE FOR LICENSE. The fee to issue or to renew a tobacco retailer's license shall be established from time to time by resolution of the City Council. The fee shall be annual and shall be calculated so as to recover the cost of administration and enforcement of this chapter, including, for example, issuing a license, administering the license program, retailer education, retailer inspection and compliance checks, documentation of violations, and prosecution of violators, but shall not exceed the cost of the regulatory program authorized by this chapter. All fees and interest upon proceeds of fees shall be used exclusively to fund the program. Fees are nonrefundable except as may be required by law. § 125.100 COMPLIANCE MONITORING. (A) Compliance with this chapter shall be monitored by the Department. In addition, any peace officer may enforce the penal provisions of this chapter. The city may designate any number of additional persons to monitor compliance with this chapter. (B) The Department or other person designated to enforce the provisions of this chapter shall check the compliance of each tobacco retailer at least as often as established by the Chief Executive Officer which could be as often as three times per a 12-month period. The Department may check the compliance of tobacco retailers previously found to be in compliance a fewer number of times so the Department may check the compliance of new licensees and tobacco retailers previously found in violation of the licensing law more frequently. Nothing in this section shall create a right of action in any licensee or other person against the city or its agents. (C) Compliance checks shall be conducted so as to allow the Department to determine, at a minimum, if the tobacco retailer is conducting business in a manner that complies with laws regulating youth access to tobacco. When the Department deems appropriate, the compliance checks shall determine compliance with other laws applicable to tobacco retailing. (D) The city shall not enforce any law establishing a minimum age for tobacco purchases or possession against a person who otherwise might be in violation of such law because of the person's age (hereinafter "youth decoy") if the potential violation occurs when: (1) The youth decoy is participating in a compliance check supervised by a peace officer or a code enforcement official of the city; (2) The youth decoy is acting as an agent of a person designated by the city to monitor compliance with this chapter; or (3) The youth decoy is participating in a compliance check funded in part, either directly or indirectly through subcontracting, by the Los Angeles County Health Department or the California Department of Health Services. § 125.110 REVOCATION OF LICENSE. (A) Revocation of license for violation. In addition to any other penalty authorized by law, a tobacco retailer's license shall be revoked if any court of competent jurisdiction determines, or the Department finds based on a preponderance of the evidence, after the licensee is afforded notice and an opportunity to be heard, the licensee, or any of the licensee's agents or employees, has violated any of the requirements, conditions, or prohibitions of this chapter or has pleaded guilty, "no contest" or its equivalent, or admitted to a violation of any law designated in § 125.020 above. (B) New license after revocation. (1) After revocation for a first violation of this chapter at a location within any five- year period, no new license may issue for the location until ten days have passed from the date of revocation. (2) After revocation for a second violation of this chapter at a location within any five-year period, no new license may issue for the location until 30 days have passed from the date of last revocation. (3) After revocation for a third violation of this chapter at a location within any five- year period, no new license may issue for the location until 90 days have passed from the date of last revocation. (4) After revocation for four or more violations of this chapter at a location within any five-year period, no new license may be issued for the location until five years have passed from the date of the last revocation. (C) Appeal of revocation. A decision of the Department to revoke a license is appealable to the Chief Executive Officer and must be filed with City Clerk within ten days after mailing of the Department's decision. If such an appeal is made, then it shall stay enforcement of the appealed action. An appeal to the Chief Executive Officer is not available for a revocation made pursuant to division (D) below. The decision by the Chief Executive Officer shall be the final decision of the city. (D) Revocation of license wrongly issued. A tobacco retailer's license shall be revoked if the Department finds, after the licensee is afforded notice and an opportunity to be heard, one or more of the bases for denial of a license under § 125.050 existed at the time application was made or at any time before the license issued. The decision by the Department shall be the final decision of the city. Such a revocation shall be without prejudice to the filing of a new license application. § 125.120 TOBACCO RETAILING WITHOUT A LICENSE. (A) In addition to any other penalty authorized by law, if a court of competent jurisdiction determines, or the Department finds based on a preponderance of evidence, after notice and an opportunity to be heard, any person has engaged in tobacco retailing at a location without a valid tobacco retailer's license, either directly or through the person's agents or employees, then the person shall be ineligible to apply for, or to be issued, a tobacco retailing license as follows: (1) After a first violation of this section at a location within any five-year period, no new license may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 30 days have passed from the date of the violation. (2) After a second violation of this section at a location within any five-year period, no new license may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until 90 days have passed from the date of the last violation. (3) After of a third or subsequent violation of this section at a location within any five-year period, no new license may be issued for the person or the location (unless ownership of the business at the location has been transferred in an arm’s length transaction), until five years have passed from the date of the last violation. (B) Tobacco or cannabis products and tobacco or cannabis paraphernalia offered for sale or exchange in violation of this section are subject to seizure by the Department or any peace officer and shall be forfeited after the licensee and any other owner of the tobacco or cannabis products and tobacco or cannabis paraphernalia seized is given reasonable notice and an opportunity to demonstrate the products and paraphernalia were not offered for sale or exchange in violation of this chapter. The decision by the Department or peace officer may be appealed pursuant to the procedures set forth in § 125.110(C). Forfeited products and paraphernalia shall be destroyed after all internal appeals have been exhausted and the time in which to seek judicial review pursuant to California Code of Civil Procedure § 1094.6 or other applicable law has expired without the filing of a lawsuit or, if such a suit is filed, after judgment in that suit becomes final. (C) For the purposes of the civil remedies provided in this chapter, each day on which a tobacco or cannabis product or tobacco or cannabis paraphernalia is offered for sale in violation of this chapter or each individual retail cannabis or tobacco product and each individual retail item of paraphernalia that is distributed, sold, or offered for sale in violation of this chapter shall constitute a separate violation of this chapter. § 125.130 ENFORCEMENT. (A) The remedies provided by this chapter are cumulative and in addition to any other remedies available at law or in equity. (B) Whenever evidence of a violation of this chapter is obtained in any part through the participation of a person under the age of 18 years old, such a person shall not be required to appear or give testimony in any civil or administrative process brought to enforce this chapter and the alleged violation shall be adjudicated based upon the sufficiency and persuasiveness of the evidence presented. (C) Each violation of this chapter is subject to a civil action brought by the City Attorney, punishable by a civil fine not less than $250 and not exceeding $1,000 per violation. (D) Each violation of this chapter may, in the discretion of the City Prosecutor, be prosecuted as an infraction or a misdemeanor when the interests of justice so require. (E) Causing, permitting, aiding, abetting, or concealing a violation of any provision of this chapter shall also constitute a violation of this chapter. (F) Each violation of this chapter is hereby declared to be a public nuisance. (G) In addition to other remedies provided by this chapter or by other law, any violation of this chapter may be remedied by a civil action brought by the City Attorney, including, for example, administrative citation, judicial nuisance abatement proceedings, civil or criminal code enforcement proceedings, and suits for injunctive relief. STAFF REPORT ITEM NO. ________10_________ TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: November 3, 2021 SUBJECT: Adoption of a Resolution to Continue Conducting City Council/Commission/ Board Meetings Remotely in Accordance with Brown Act Executive Order and AB 361 SUMMARY Governor Gavin Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16th Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders. This bill, until January 1, 2024, would authorize a local agency to use teleconferencing without complying with the teleconferencing requirements imposed by the Ralph M. Brown Act when a legislative body of a local agency holds a meeting during a declared state of emergency, as that term is defined, when state of local health officials have imposed or recommended measures to promote social distancing, during a proclaimed state of emergency. Staff will continue in-person meetings with a virtual hybrid component under this new order. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2021-032 to continue conducting City Council/Commission/Board Meetings remotely in accordance with Brown Act executive orders and AB 361 (covering meetings held from November 3rd through December 3rd 2021) and re-evaluate the state of emergency every 30 days to make findings under the bill’s teleconferencing exemptions. FISCAL IMPACT Not Applicable BACKGROUND On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. As the Delta variant has surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts’ teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances: • The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. • The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. • The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public’s right to participate in the meetings of local agency legislative bodies. Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act: • Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act’s other teleconferencing provisions. • In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call-in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public. • Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call-in or internet-based service option or is within the local agency’s control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act’s existing challenge provisions). • Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third-party website or platform to host the teleconference, and the third-party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed. AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill’s exemption to the Brown Act teleconferencing rules: • The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures. The goal of AB 361 is “to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options” consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024. ALTERNATIVES Not Applicable LEGAL REVIEW This report has been reviewed by the City Attorney. ATTACHMENTS 1. Resolution no. 2021-032 2. AB 361 RESOLUTION NO. 2021-032 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY MANAGER TO IMPLEMENT TELECONFERENCE ACCESSIBILITY FOR CONDUCTING PUBLIC MEETINGS PURSUANT TO ASSEMBLY BILL 361 WHEREAS, on March 4, 2020, the Governor of California proclaimed a State of Emergency to exist in California as a result of the threat of novel coronavirus disease 2019 (COVID-19); and WHEREAS, OM March 12, 2020, the City Council adopted an Emergency order proclaiming a local emergency as defined, due to the threat of the existence and spread of COVID-19; and WHEREAS, on March 17, 2020, the Governor of California executed Executive Order N-29-20 which suspended and modified specified provisions in the Ralph M. Brown Act (Government Code Section § 54950 et seq.) and authorized local legislative bodies to hold public meetings via teleconferencing and to make public meeting accessible telephonically or otherwise electronically to all members of the public seeking to observe and address the local legislative body; and WHEREAS, on June 11, 2021, the Governor of California executed Executive Order N-08-21 which extended the provisions of Executive Order N-29-20 concerning teleconference accommodations for public meetings through September 30, 2021; and WHEREAS, on September 16, 2021, the Governor of California signed into law Assembly Bill 361 (AB 361, Rivas) (Stats. 2021, ch. 165) amending Government Code § 54953 and providing alternative teleconferencing requirements to conduct public meetings during a proclaimed state of emergency; and WHEREAS, AB 361 (Stats. 2021, ch. 165) imposes requirements to ensure members of the public are able to attend and participate in public meetings conducted via teleconference, including: • Notice of the means by which members of the public may access the meeting and offer public comment, including an opportunity for all persons to attend via a call- in option or an internet-based service option; • The legislative body shall take no further action on agenda items when there is a disruption which prevents the public agency from broadcasting the meeting, or in the event of a disruption within the local agency’s control which prevents members of the public from offering public comments, until public access is restored; • Prohibits the legislative body from requiring public comments to be submitted in advance of the meeting and specifies that the legislative body must provide an opportunity for members of the public to address the legislative body and offer comments in real time; • Prohibits the legislative body from closing the public comment period until the public comment period has elapsed or until a reasonable amount of time has elapsed; and WHEREAS, the City has already implemented and is in full compliance with the requirements listed above when conducting public meetings via teleconference, which are now codified in Government Code § 54953(e)(2)(B-G); and WHEREAS, pursuant to Government Code § 54953(e)(B), the legislative body shall hold a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health and safety of attendees. The City Council must make these findings no later than 30 days after the first teleconferenced meeting is held pursuant to AB 361 (Stats. 2021, ch. 165) after September 30, 2021, and must also make these findings every 30 days thereafter, in order to continue to allow teleconference accessibility for conducing public meetings. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park hereby declares that the recitals set forth above are true and correct, and incorporated into this resolution as finds of the City Council. SECTION 2. The City Council hereby declares that a state of emergency as a result of the threat of COVID-19 still exists and continues to impact the ability of members of the public, the City Council, City Boards Commissions and Committees, City staff and consultant to meet safely in person when a large congregation meets. SECTION 3. The State of California and the City of La Quinta continue to follow safety measures in response to COVID-19 as ordered or recommended by the Centers for Disease Control and Prevention (CDC), California Department of Public Health (DPH), and/or County of Riverside, as applicable, including facial coverings when required and social distancing. SECTION 4. The City Council hereby declares that, pursuant to the findings listed in this Resolution, the City Manager is authorized to utilize teleconferencing accessibility to conduct public meetings pursuant to AB 361 (Stats. 2021, ch. 165) and Government Code § 54953, as amended thereby. SECTION 5. If any section, subsection, subdivision, sentence, clause, phrase, or portion of this Resolution 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 Resolution. The City Council hereby declares that it would have adopted this Resolution and each and every section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared unconstitutional. SECTION 6. This Resolution shall become effective immediately upon adoption. PASSED, APPROVED, and ADOPTED this 3rd day of November, 2021. _______________________________ EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Marlen Garcia, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2021-032 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on November 3, 2021 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: MARLEN GARCIA CITY CLERK STAFF REPORT ITEM NO. _________11________ TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer Manuel Carrillo, Director of Recreation & Community Services Benjamin Martinez, Community Development Director PREPARED: Yuriko Ruizesparza, Community Services Supervisor DATE: November 3, 2021 SUBJECT: Approving a Letter of Intent and Application to the San Gabriel Valley Regional Housing Trust Homeless Housing Pilot Program Accessory Dwelling Units (Bach Home Initiative) SUMMARY The purpose of this report is to seek 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 a Mid-Valley Collaborative on Homelessness (Tri City Cohort) Back Home Initiative ADU (Accessory Dwelling Unit) Program. 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 under the collaborative lead applicant of (City of South El Monte) in partnership with the City of El Monte to the SGVRHT. FISCAL IMPACT There is no fiscal impact to the City. 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/cohorts to submit a LOI and Application for funding under the Homeless Housing Pilot Program (“HHPP”). The Cities of South El Monte and El Monte are interested in inviting the participation of the City of Baldwin Park to submit a Letter of Interest (LOI) on behalf of the cohort to take part in the Back Home Initiative model under the Homeless Housing Pilot Program administered by the San Gabriel Valley Regional Housing Trust (SGVRHT). Through this program, the City/Cohort intends to provide housing units or shelter beds for unhoused individuals via an ADU Back Home Initiative pilot across all three cities. Below are the most current BHI ADU pilot summary, updates and overview materials: 1. BHI provides temporary supportive housing for individuals and families who are at-risk of homelessness, recently experienced homelessness, or are ready to leave transitional housing. 2. BHI provides 100% financing, construction and maintenance on a minimum of 150 fully furnished, move-in ready, 240 square foot (and larger) units with all necessary appliances constructed in the back yard of private residences. 3. BHI is operated by a third-party nonprofit and therefore, requires little to no city staffing to implement. 4. BHI does not require the city to finance the project or provide land. 5. BHI helped to inform two motions presented to LA City and County that were passed and are currently being implemented: 1. Supervisor Solis and Barger submitted a motion to develop ADU plan templates and other strategies for the unincorporated areas of Los Angeles County 2. Councilman Bloomenfield authored an ADU Creative Financing Motion to finance to construction of ADU’s as a solution to address homelessness. If interested, and approved to move forward The City/Cohort understands that participation in these programs will require executing a Memorandum of Agreement (MOA) with the SGVRHT that outlines the responsibilities of the City and the SGVRHT. The lead application will be submitted by the City of South El Monte, and the City of Baldwin Park will indicate interest in the SGVRHT’s effort. ALTERNATIVES The City Council may decide to not to join the cohort in the submittal of the LOI and application. LEGAL REVIEW None at this time. ATTACHMENTS 1. Draft LOI and Application to the SGVRHT for the HHPP (to be submitted by lead city applicant: South El Monte). 2. Supervisor Solis and Barger motion to develop ADU plan templates and other strategies for the unincorporated areas of Los Angeles County 3. Councilman Bloomenfield ADU Creative Financing Motion to finance to construction of ADU’s as a solution to address homelessness. LETTER OF INTENT October ____, 2021 Marisa Creter, Executive Director San Gabriel Valley Regional Housing Trust 1000 S. Fremont Avenue, Unit #42 Alhambra, CA 91803 RE: INTEREST IN PARTICIPATING IN SGVRHT HOMELESS HOUSING PILOT Dear Ms. Creter, The City of _______________________ is interested in participating in the Homeless Housing Pilot Program administered by the San Gabriel Valley Regional Housing Trust (SGVRHT). Through this program, the City intends to provide housing units or shelter beds for unhoused individuals. The City understands that participation in these programs will require executing a Memorandum of Agreement (MOA) with the SGVRHT that outlines the responsibilities of the City and the SGVRHT. On the attached application, the City has indicated interest in the SGVRHT’s tiny home bridge housing pilot program or proposed an alternative homeless housing pilot program. The City will support this effort through staff time to manage the project and through other resources as feasible. 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. If a site were operated for less than 2 years, the maximum funds available would be prorated based on the duration of project operation. The minimum duration for operation is 1 year. Any additional needed funds would need to be provided by the City. Funds may be used for capital or operational expenses to provide the bed/unit during the pilot program period. This letter of interest is not a commitment, and we are providing this letter for consideration of the proposed project in our City. Final commitment to the project will be subject to SGVRHT approval, City Council approval, funding availability, and other factors. Should you have any questions regarding this interest, please contact ____________________ at _____________________and _____________________. Thank you. Sincerely, _____________________________________ [Name] [Title] Back Home Initiative (BHI) Housing Security and Investment for Los Angeles City & County 1 Growing Demand for Affordable Housing Government subsidized housing and large-scale developments are unable to meet the growing demand for affordable housing alone. Current development costs for permanent supportive housing is $531,000 per unit with a 3-6 year construction timeline. (LA Times, 9/20) 2 Back Home Initiative (BHI) is an innovative, efficient, cost effective, and scalable solution to curtail the unmitigated rise in homelessness throughout the city and county of Los Angeles that addresses multiple needs simultaneously: New Supportive Housing Units For low acuity individuals and families at-risk of becoming homeless or ready to exit transitional housing Free-Up Temporary and Rapid Re-housing Units Make room for those with more immediate, emergency housing needs. Construct Accessory Dwelling Units (ADUs) Free of Charge For property owners who agree to rent to approved tenants meeting eligibility requirements for a minimum of ten years. Build Intergenerational Wealth in Low-Income Communities * Homeowners receive $400 monthly rent and own the ADU free and clear at the end of a 10 year term. * Free ADU construction, rental and property management * Free wrap around services for tenants and homeowners provided by local nonprofit service providers.3 Back Home Initiative (BHI) 4 Finances and fast-tracks the construction of new Accessory Dwelling Units (ADUs) Expedites and simplifies scattered-site construction of supportive housing units Creates a scalable, synergistic ecosystem of homeowner incentivized affordable housing Increases passive income and property values in low-income communities BHI – An opportunity to build more ADUs as Affordable Housing quicker & at lower-cost •No entitlements required •Leverage newly enacted ADU laws and reduced side and rear setback requirements •Once ownership is transferred to homeowner, BHI ADUs build home equity and can be rented at market rate to generate passive rental income. •BHI ADUs are pre-approved as city of Los Angeles standards 5 Los Angeles leads the way in ADU policy and construction ➢Of the 28,576 ADUs permitted in California between between 2017 and 2019, 46% (13,168) were permitted in LA City ➢In 2018, 20% of all housing permits issued were for ADUs in LA City ➢Since 2017, over 10,000 ADU permits issued in LA City What is an Accessory Dwelling Unit (ADU)? •An Accessory Dwelling Unit (ADU), also called an in-law suite or granny flat, is a secondary residential unit that can be added to a lot with an existing single family home, a multi-family residence, as well as to both commercial and public properties. •ADUs are independent rental units that have their own entrances, kitchens, bathrooms, bedrooms, and living rooms. They can be attached or detached from the primary residence or can be a garage conversion. 6 Studio ADU - 240 sq. ft. Constructed with light gauge steel which offers durability, long-term consistent performance, mold and termite resistance plus greater structural integrity during earthquakes. Includes all appliances (e.g. washer/dryer), in-unit storage units, and are fully furnished and move in ready! 7 One Bedroom ADU - 390 sq. ft. Constructed with light gauge steel which offers durability, long-term consistent performance, mold and termite resistance plus greater structural integrity during earthquakes. Includes all appliances (e.g. washer/dryer), in-unit storage units, and are fully furnished and move in ready! 8 Program Goals 9 Reduce Homelessness Reduce current and future homelessness in the City and County of Los Angeles. Lower Supportive Housing Costs & Timeline Launch an affordable, rapid-response, scattered-site, supportive housing solution to lower housing construction costs and timeline. Pilot Scalable ADU Process Pilot a scalable ADU construction process for producing affordable units without complications and disruptions to homeowners. Establish Sustainable Fund Establish a sustainable fund that fosters competition and innovation while expediting funding for ADU construction in the long term. Improve Wellbeing of Participants Improve the socio-economics and wellbeing of participating landlords, tenants (homeless individuals and families), and communities by providing skill development, job placement, and health and wellness services. Maintain Homeownership Maintain home ownership by increasing passive income, property values, and the opportunity for retirement savings by generating monthly rental income. Pilot Project Objectives 1.Build 150 ADUs on private properties at no cost to qualified homeowners, employing state-of-the-art sustainable building practices and construction materials. 2.Establish covenants with property owners for a minimum of 10 years that provide ADU tenant identification, rental management, maintenance and support services. 3.Allocate revenues from public and private investments to homeowners as well as program and property management teams. 4.Establish a revolving fund that sustains the initiative. 5.Return ADU ownership to the homeowner upon completion of the project term. 6.Provide homeowner and tenant communication and support services via partnerships with local social service providers and consultants. 7.Engage local resources for outreach, construction and maintenance needs. 10 Cost/Unit: $81k Studio & $119k One Bedroom 11 Location: LA City & County Number of ADUs: 150 units (minimum) ADU cost/unit: $60,000* includes: Construction Timeline: 60-90 days/unit ●Engineering designs; ●Construction materials and labor; ●City permit fees; ●Utility connection fees; ●Appliances, furniture and storage; ●Support services provided to property owner and tenant. * As project goes to scale, the cost of each unit decreases Duration: 10 years Total Price: $13 million one time investment Cost/Unit Includes: Funding 12 1)Construction - $13M (American Rescue Plan Act) a)City of LA b)LA County c)State of CA 2)Support Services - $5M (LAHSA) 3)Rental Subsidy - $17M (Section 8) Timeline 13 Leasing and Property Management Support Services CES Lead Agency Property Owner Identification Psomas * CES Service Providers (TBD) Project Leader Lipa Consulting Jacob Lipa Designated Public Entity Community Outreach CONSENSUS Manufacturing and Construction US Home Pros Project Principal US Home Pros Tal Karasso Project Co-Lead Corral Consulting Richard Corral Funding,Compliance & Quality Assurance Leasing and Property Management US Home Pros * CES Service Providers (TBD) * CES Service Providers (TBD) BHI Organization Revolving Fund Nonprofit CDFI 14 BACK HOME INITIATIVE Financial Summary 1.Number of ADUs constructed and managed - 150 units 2.Program length - 10 year minimum 3.Total monthly rental income per ADU - $1,350.00 ○70% from Section 8 ○30% from Tenant ○Section 8 rental subsidy to cover operating expenses and allow for very low income tenants to pay 30% or less of income on rent. 4.Capital Campaign ○Construction Capital - $13M i.Federal (American Rescue Plan Act) 1.State of CA 2.LA County 3.City of LA ii.Municipal (SGV Regional Housing Trust) iii.Private Philanthropy 1.CCF, Weingart and Hilton Foundation 2.Wells Fargo and Union Bank 5.Total construction cost per unit – $67K labor & material cost +14K for: ○Liability Insurance, architectural design & structural engineering plans, city permit fees, appliances, exterior work to support utility connections & minor landscaping. 6.Total Program Payouts ○Total 10 year Section 8 rental subsidy - $ 17,010,000 ○Total 10 year rental income from tenants - $ 7,290,000 ○$400 monthly stipend for each homeowner - $45,266 over 10 years ○Total investment in all homeowners - $ 7,420,000 ○Total investment in local service providers - $ 5,106,038 ○Total investment in local construction labor - $ 4,129,238 ○3% of all revenues invested in a revolving fund to sustain the program ○Average increase to property value over 10 yrs - $100,000 7.Property and case management for tenants and landlords (~$492k/yr.) ○Funded by LAHSA via the Coordinated Entry System ○Serves both the landlord and tenant ○One case manager for ~ 30 tenants/landlords ○150 units = 200 tenants + landlords = 6/7 case managers ○$45k - $50k/yr. per case manager ○7 case managers @ $50k/yr. = $350k/annually @ 1.22 benefits and taxes = $427k ○$427 for case management + 60k - 65k for a supervisor = $492k ○$492k annually x 10 year program = $4.9M total STAFF REPORT ITEM NO. _________12________ TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: November 3, 2021 SUBJECT: Second Reading of Ordinance No. 1460 Entitled: “An Ordinance of the City Council, of the City of Baldwin Park, California, Amending Chapter 127 of Title XI of the Baldwin Park Municipal Code”, and Second Reading of Ordinance No. 1461 Entitled: An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 153 of the Baldwin Park Municipal Code relating to Commercial Cannabis Activity” SUMMARY This report requests City Council’s consideration to approve the Second Reading of Ordinance No. 1460 and Ordinance No. 1461 to amend the municipal code requirements for cannabis distribution from 50 feet to 24 feet from a residential dwelling unit and increase the maximum size of cannabis distribution facility from 22,000 square feet to 40,000 square feet. Ordinance No. 1460 and 1461 was introduced for first reading during a regular meeting of the City Council on October 20, 2021. RECOMMENDATION Staff recommends that the City Council waive second reading and adopt Ordinance No. 1460, entitled: “An Ordinance of the City Council, of the City of Baldwin Park, California, Amending Chapter 127 of Title XI of the Baldwin Park Municipal Code”, and waive second reading and adopt Ordinance No. 1461 Entitled: An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 153 of the Baldwin Park Municipal Code relating to Commercial Cannabis Activity” FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1460 and Ordinance No. 1461 was introduced for first reading during a regular meeting of the City Council held on October 20, 2021. ALTERNATIVES Not Applicable LEGAL REVIEW These ordinances have been reviewed by the City Attorney. ATTACHMENTS 1. Ordinance No. 1460 2. Ordinance No. 1461 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 four (24) 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. Style Definition: Normal (Web) Formatted: Font: Not Bold Formatted: Font: Not Bold Formatted: Indent: Left: 0.5", First line: 0.5", Right: -0.06" Formatted: Font: Bold, Character scale: 100% Formatted: Normal, Justified, Tab stops: Not at 0.5" Formatted: Font: Bold Formatted: Font: Bold Formatted: Font: 12 pt Formatted: List Paragraph, Indent: First line: 0", Tabstops: 1", Left + 1.7", Left + 1.71", Left 11 Ordinance 1460 - Page 2 of 25 B. Specific Authority. This article is further adopted and established pursuant to the specific authority 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 duties 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 Formatted: Left, Indent: Left: 0", First line: 0.5", Tabstops: Not at 0.5" + 1" + 1.7" + 1.7" Formatted: Indent: Left: 0", First line: 0.5" Formatted: Bullets and Numbering Formatted: Body Text, Justified, Indent: First line: 0.5",Tab stops: 0.5", Left + 1", Left Formatted: Indent: Left: 0", First line: 0.5" Formatted: Bullets and Numbering Formatted: List Paragraph, Left, Tab stops: Not at 0.5"+ 1" Formatted: Indent: Left: 0", First line: 0.5" Formatted: Bullets and Numbering Formatted: Bullets and Numbering Formatted: Indent: First line: 0.5" Formatted: Indent: Left: 0", First line: 1", Numbered +Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Bullets and Numbering Formatted: Indent: Left: 0", First line: 1", Numbered +Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Bullets and Numbering Formatted: Indent: Left: 0", First line: 1", Numbered +Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Bullets and Numbering Formatted: Indent: Left: 0", First line: 1", Numbered +Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Bullets and Numbering Formatted: Indent: Left: 0", First line: 1", Numbered +Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Bullets and Numbering 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 the 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 controlled 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. Formatted: Character scale: 105% Formatted: Indent: Left: 0.92", Hanging: 0.24" Formatted: Indent: Left: 0", First line: 1", Numbered +Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Bullets and Numbering Formatted: Indent: Left: 0", First line: 1", Numbered +Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Bullets and Numbering Formatted: Indent: Left: 0", First line: 1", Numbered +Level: 2 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.75" + Indent at: 1" Formatted: Bullets and Numbering 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. Formatted: Indent: Left: 0", First line: 0.5", Numbered+ Level: 1 + Numbering Style: A, B, C, … + Start at: 20 +Alignment: Left + Aligned at: 1.65" + Indent at: 1.9" Formatted: List Paragraph, Tab stops: 1.63", Left Formatted: Normal (Web), Left, Tab stops: Not at 0.5"+ 1" + 1.63" Formatted: Font: Bold 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, Formatted: Justified, Indent: First line: 0" Formatted: Indent: Left: 1", Hanging: 0.5" Formatted: Tab stops: 1.5", Left + Not at 1.63" Formatted: Tab stops: 1.5", Left + Not at 1.63" Formatted: Indent: Left: 1.5" Formatted: Indent: Left: 0", First line: 0.5", Numbered+ Level: 1 + Numbering Style: A, B, C, … + Start at: 29 +Alignment: Left + Aligned at: 0.88" + Indent at: 1.15" Formatted: Font: Bold Formatted: Indent: Left: 0", First line: 0.5", Numbered+ Level: 1 + Numbering Style: A, B, C, … + Start at: 29 +Alignment: Left + Aligned at: 0.88" + Indent at: 1.15" Formatted: Font: Bold Formatted: Indent: Left: 0", First line: 0.5", Numbered+ Level: 1 + Numbering Style: A, B, C, … + Start at: 29 +Alignment: Left + Aligned at: 0.88" + Indent at: 1.15" Formatted: Indent: First line: 0.5", No bullets ornumbering Formatted: Indent: First line: 0.5", No bullets ornumbering 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 Formatted: Font color: Gray-80%, Pattern: Clear(White) 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 Formatted: Indent: Left: 0" Formatted: Indent: Left: 0" Formatted: List Paragraph, Left, Indent: First line: 1", No bullets or numbering, Tab stops: Not at 0.5" + 1"+ 1.5" + 2.09" + 2.09" Formatted: Indent: Left: 0" Formatted: Indent: Left: 0" 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 Formatted: Indent: Left: 0" Formatted: List Paragraph, Left, Indent: First line: 0",Tab stops: Not at 0.5" + 1" + 1.5" + 2.09" + 2.09" Formatted: Indent: Left: 0" Formatted: Indent: Left: 0" Formatted: Indent: First line: 1.5", Tab stops: 1.5", Left Formatted: Indent: First line: 1.5" Formatted: Indent: First line: 1.5", Tab stops: 1.5", Left Formatted: Indent: First line: 1.5" Formatted: Indent: Left: 1.5", Hanging: 0.5" Formatted: Indent: Left: 0", First line: 1", Numbered +Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 11 +Alignment: Left + Aligned at: 1.31" + Indent at: 1.79",Tab stops: 1.5", Left Formatted: Indent: Left: 0", Tab stops: 1.5", Left 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 Health 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. Formatted: Indent: Left: 0", First line: 1" Formatted: Indent: Left: 0", Tab stops: 1.5", Left Formatted: Font color: Custom Color(RGB(49,51,53)),Expanded by 0.1 pt Formatted: Justified, Tab stops: 0.31", Left + 0.81",Left + 1.5", Left + 2.19", Left Formatted: Indent: Left: 0", First line: 1", Tab stops: 1.5", Left Formatted: Indent: Left: 0", Tab stops: 1.5", Left Formatted: Indent: Left: 0" Formatted: Character scale: 105% Formatted: Indent: Left: 0", First line: 1" Formatted: Indent: Left: 0" Formatted: Indent: Left: 0", First line: 1", Numbered +Level: 1 + Numbering Style: 1, 2, 3, … + Start at: 1 +Alignment: Left + Aligned at: 0.25" + Indent at: 0.5" Formatted: Indent: Left: 0", First line: 1" 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 four (240) 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 Formatted: Indent: First line: 1" Formatted: Indent: Left: 0", First line: 1" Formatted: Left, Indent: Left: 0.92", Hanging: 0.24",Tab stops: Not at 1.5" + 2.08" + 2.08" Formatted: Indent: Left: 0", First line: 1" Formatted: Indent: Left: 1.5", First line: 0", Tab stops:Not at 1" Formatted: Indent: Left: 1.5", Tab stops: Not at 1" Formatted: Indent: Left: 1.5", Hanging: 0.5", Tabstops: Not at 1" Formatted: Indent: Left: 1.5", Tab stops: Not at 1" Formatted: Indent: Left: 1.5", Hanging: 0.5", Tabstops: Not at 1" Formatted: Indent: Left: 0", First line: 1", Tab stops:Not at 0.5" Formatted: Indent: Left: 0", First line: 1", Tab stops:Not at 0.5" Formatted: Font: Bold Formatted: Indent: Left: 0.92", Hanging: 0.24" Formatted: Indent: Left: 0", First line: 1", Tab stops:Not at 0.5" 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 Formatted: Indent: First line: 1", Tab stops: Not at 0.5" Formatted: Indent: Left: 0", First line: 1", Tab stops:Not at 0.5" Formatted: Indent: First line: 1", Tab stops: Not at 0.5" Formatted: Indent: Left: 0", First line: 1", Tab stops:Not at 0.5" Formatted: Indent: Left: 0", First line: 1", Tab stops:Not at 0.5" Formatted: Indent: Left: 0.5" Formatted: Indent: Left: 0", First line: 1", Tab stops:Not at 0.56" Formatted: Indent: Left: 0", First line: 1" Formatted: Indent: First line: 1" Formatted: Indent: Left: 0", First line: 1" Formatted: Indent: Left: 1.5", First line: 0" Formatted: Indent: Left: 1.5", First line: 0.06" Formatted: Indent: Left: 1.5", Hanging: 0.5" Formatted: Indent: Left: 1.5", First line: 0.06" Formatted: Indent: Left: 1.5", Hanging: 0.5" Formatted: Indent: Left: 1.5", First line: 0.06" Formatted: Indent: Left: 0", First line: 1" 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 Formatted: Indent: Left: 0", First line: 0.5" Formatted: Indent: First line: 0.23", Tab stops: 1.5",Left 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 Formatted: List Paragraph, Left, Indent: First line: 0",Tab stops: Not at 0.5" Formatted: Font: Not Bold Formatted: List Paragraph, Indent: First line: 0", Tabstops: 1", Left Formatted: Indent: Left: 0", First line: 1" 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 the 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 Formatted: Indent: First line: 0", Tab stops: Not at 1.5" 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; Formatted: Font: Bold Formatted: Indent: Left: 0", Tab stops: Not at 1" + 1.99" Formatted: Indent: First line: 0.5", Tab stops: Not at 0.5" 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. Formatted: Heading 2,h2, Tab stops: 0.63", Left + Notat 0.5" Formatted: Character scale: 105% Formatted: Font: Bold Formatted: List Paragraph, Indent: First line: 0.5", Tabstops: Not at 0.5" Formatted: Font: Bold 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 Formatted: Indent: Left: 0", First line: 0.5", Tab stops:Not at 0.5" Formatted: List Paragraph, Left, Indent: First line: 0",Tab stops: Not at 0.5" + 1.5" 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 Formatted: List Paragraph, Justified, Indent: Left: 0",First line: 0.5", Numbered + Level: 1 + NumberingStyle: A, B, C, … + Start at: 1 + Alignment: Left +Aligned at: 0.85" + Indent at: 1.16", Keep with next,Keep lines together, Tab stops: 1", Left + 1.53", Left Formatted: List Paragraph, Justified, Indent: Left: 0",First line: 0.5", Numbered + Level: 1 + NumberingStyle: A, B, C, … + Start at: 1 + Alignment: Left +Aligned at: 0.85" + Indent at: 1.16", Tab stops: 1", Left Formatted: Font: Bold Formatted: Font: Bold 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: Formatted: Space Before: 0 pt, Line spacing: single Formatted: Indent: Left: 0", First line: 0.5", Linespacing: single Formatted: Indent: Left: 0", Space Before: 0 pt Formatted: Space Before: 0 pt 11 Ordinance 1460 - Page 25 of 25 STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )SS CITY OF BALDWIN PARK ) I, MARLEN GARCIA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on _____, 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 Formatted: Indent: Left: 0", Line spacing: single Formatted: Indent: Left: 0", Space Before: 0 pt Formatted: Space Before: 0 pt Formatted: Indent: Left: 0", First line: 0", Space Before: 0 pt, Line spacing: single, Tab stops: 0.5", Left Formatted: Space Before: 0 pt Formatted: Space Before: 0 pt Formatted: Space Before: 0 pt 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 CITY 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. /// /// Formatted: Font: 12 pt Formatted: Space Before: 0 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Space Before: 0 pt Formatted: Font: 12 pt Formatted: Space Before: 0 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Space Before: 0 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt 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. Formatted: Font: 12 pt, Not Bold, No underline, Fontcolor: Text 1 Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Heading 1 Baldwin Pk Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Normal 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 four (240) 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: Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Space Before: 0 pt, Line spacing: single,Tab stops: Not at 1.25" Formatted: Font: 12 pt 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 Formatted: Font: 12 pt Formatted: Indent: Left: 1.5", Hanging: 0.5", SpaceBefore: 0 pt Formatted: Font: 12 pt Formatted: Indent: Left: 1.5", Hanging: 0.5" Formatted: Indent: Hanging: 0.5", Tab stops: Not at 1" + 1.25" Formatted: Font: Times New Roman, 12 pt Formatted: Indent: Left: 1" Formatted: Tab stops: Not at 1" + 1.25" Formatted: Font: 12 pt Formatted: Indent: Left: 1" Formatted: List Paragraph, Indent: Left: 0.5", Hanging: 0.5", Numbered + Level: 1 + Numbering Style: 1, 2, 3, …+ Start at: 1 + Alignment: Left + Aligned at: 1" + Tabafter: 1.25" + Indent at: 1.25", Tab stops: 1", Left +Not at 0.81" + 1.25" Formatted: Font: 12 pt Formatted: Indent: Left: 0.5", Hanging: 0.5", Tabstops: Not at 0.81" Formatted: Indent: Left: 0.5", Hanging: 0.5" Formatted: Font: 12 pt Formatted: Font: 12 pt, Bold, Underline Formatted: Font: 12 pt 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 Formatted: Font: 12 pt Formatted: Font: Bold, Character scale: 100% Formatted: Body Text, Justified, Tab stops: Not at 1.5"+ 1.98" Formatted: Font: 12 pt 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. Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Space Before: 0 pt, Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Ordinance No. 1461 - Page 9 of 9 ___________________________________ EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES )SS: CITY OF BALDWIN PARK ) I, MARLEN GARCIA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on _______, 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 Formatted: Space Before: 0 pt Formatted: Font: 12 pt Formatted: Indent: Left: 0", Space Before: 0 pt Formatted: Space Before: 0 pt Formatted: Indent: Left: 0", Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Indent: Left: 0", Space Before: 0 pt Formatted: Font: 12 pt Formatted: Space Before: 0 pt Formatted: Indent: Left: 0", First line: 0", Space Before: 0 pt, Line spacing: single Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Font: 12 pt Formatted: Space Before: 0 pt Formatted: Indent: Left: 0", Space Before: 0 pt Formatted: Space Before: 0 pt STAFF REPORT ITEM NO. _______13__________ TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez, Director of Community Development PREPARED BY: Ron Garcia, City Planner DATE: November 3, 2021 SUBJECT: A Request to the City Council from the Planning Commission on an Amendment to update the City of Baldwin Park Municipal Code Relating to New State Law for Accessory Dwelling Units and Junior Accessory Dwelling Units (Location: Citywide; Applicant: City of Baldwin Park; Case Number: AZC 21-02) SUMMARY On October 13, 2021 the Planning Commission adopted Resolution PC 21-12 recommending that the City Council amend the City of Baldwin Park’s Municipal Code relating to new State law established by Senate Bill (SB) 13 and Assembly Bills (AB) 68, and 881 for Accessory Dwelling Units (ADUs) and Junior Accessory Dwelling Units (JADUs). RECOMMENDATION Staff recommends that the City hold a Public Hearing, accept public testimony, and Introduce for first reading, by title only, Ordinance 1464, entitled, “An Ordinance of the City Council of the City of Baldwin Park, California, Amending the Baldwin Park Municipal Code, Title XV, Land Usage, Chapter 153, Zoning Code, Sections 153.040.070, 153.070.020, 153.120.350, 153.120.360 and 153.120.370 Relating to Accessory Dwelling Units and Junior Accessory Dwelling Units and Section 153.150.100 Relating to Tandem Parking”. FISCAL IMPACT No fiscal impact. CEQA Pursuant to Section 15061 (b)(3) of the California State CEQA Guidelines, as this ordinance cannot create any significant effect on the environment and pursuant to 15282(h), which states that “the adoption of an ordinance regarding second units in a single-family or multifamily zone by a city or county to implement the provisions of Sections 65852.1 and 65852.2 of the Government Code” are Statutorily Exempt from the requirements of CEQA. A Notice of Public Hearing was posted in the Baldwin Park Press on Thursday, October 21st, City Hall, and the City’s website. BACKGROUND On December 5, 2018 the City Council adopted Ordinance No. 1430, to address various assembly bills passed in 2016 and 2017 related to Accessory Dwelling Unit (ADUs). The ordinance prohibited ADUs for lots that front substandard streets, lots located within 300 feet of a school bus stop, and lots located on a street with permit parking. In 2019, Governor Newsom signed multiple bills (SB 13, AB 68, and AB 881) into effect that amended Sections 65852.2 and 65852.22 of the Government Code to further reduce barriers that may be imposed on the development of ADUs and JADUs. In adopting these new regulations, the State Legislature determined that housing is a matter of statewide concern, rather than a municipal affair. This determination allows the State to mandate cities to implement the new ADU law. The State Legislatures intent is to reduce regulatory barriers and costs, streamline the approval process, and expand the potential capacity for ADUs. As a result, of these legislative bills, The City is tasked with amending the current development standards related to ADUs and JADUs to demonstrate compliance with the amended State law. DISCUSSION The State has identified the housing shortage as an issue of statewide significance. Increased development of ADUs and Junior ADUs has been identified by the State as one approach to increasing housing supply. The California Department of Housing and Community Development (HCD) states that “ADUs are affordable type of home to construct in California because they do not require paying for land or major new infrastructure” and “give homeowners the flexibility to share independent living areas with family members and others, allowing seniors to age in place as they require more care, and helping extended families to be near one another while maintaining privacy.” The City’s existing ADU regulations facilitate their development, subject to regulations intended to preserve the character of single-family neighborhoods to the greatest extent possible. The recent ADU and Junior ADU laws limits the ability of local jurisdictions to place reasonable restrictions on their development in an effort to ensure neighborhood compatibility. The proposed amended Ordinance is tailored to both comply with State law while also preserving as much regulatory control as possible, which relates to design in relation to the primary residence. Proposed New Regulations According to State Law The City of Baldwin Park Municipal Code Title XV (“Land Usage”), Chapter 153 (“Zoning Code”), Subchapter 153.120 (“Standards for Specific Land Uses and Activities”), Part 11 (“Accessory Dwelling Units”) provides regulatory language pertaining to development of ADUs. In order to comply with State law, the proposed amendment would be replaced in its entirety. The changes are summarized below:  Prohibiting ADUs: may only be based on adequacy of water and sewer service, and impacts on traffic flow and public safety. Any limitations should be accompanied by detailed findings of fact explaining why ADU limitations are required and consistent with these factors. Examples of public safety include severe fire hazard areas and inadequate water and sewer service.  Unit Size Requirements: Prohibits a local agency from establishing a maximum size of an ADU of less than 850 square feet, or 1,000 square feet if the ADU contains more than one bedroom and requires approval of a statewide exemption ADU of up to 800 square feet, 16 feet in height, and 4 feet side and rear setbacks (ADU law requires that no lot coverage, floor area ratio, open space, or minimum lot size will preclude the construction of a statewide exemption ADU). Existing: Lot Size in Square Feet Maximum Allowable ADU /Attached to Existing Single Family Dwelling Maximum Allowable ADU / Detached from Existing Single Family Dwelling 5,000 or less 50% of living area of existing dwelling up to 600 sf 600 sf 5,001 - 8,000 50% of living area of existing dwelling up to 1,000 sf 1,000 sf 8,001 and over 50% of living area of existing dwelling up to 1,200 sf 1,200 sf Proposed: Lot Size in Square Feet Maximum Allowable Floor Area of Any ADU Attached to Existing Primary Dwelling Maximum Allowable Floor Area of Any ADU Detached from Existing Primary Dwelling 5,000 or less 850 sf for ADU with 1 or less bedroom 1,000 sf for ADU with more than 1 bedroom 850 sf for ADU with 1 or less bedroom 1,000 sf for ADU with more than 1 bedroom 5,001 - 8,000 850 sf for ADU with 1 or less bedroom 1,000 sf for ADU with more than 1 bedroom 1,000 sf 8,001 and over 850 sf for ADU with 1 or less bedroom 1,200 sf for ADU with more than 1 bedroom 1,200 sf  Replacement Parking: New State law prohibits a local agency from requiring replacement parking spaces when a parking structure is demolished or converted for an ADU (City can require 1 parking space per ADU or per bedroom (Whichever is less) except where property is within a 1/2 mile of public transit and JADUs created in the attached garage are not subject to the same parking protections as ADUs).  ADU and Junior ADU: New State law requires that a local agency allow for both a Junior ADU and an ADU on any single-family zoned lot that has a single-family dwelling (JADU not allowed in multi-family zoned lot and not allowed in accessory structures). A Junior ADU is defined as: “A unit that is no more than 500 square feet in size and contained entirely within an existing single-family structure. A junior accessory dwelling unit may include separate sanitation facilities, or may share sanitation facilities with existing residence.”  Impact Fees: ADUs less than 750 square feet are exempt from development impact fees. ADUs 750 square feet or larger may be charged impact fees and must be proportional to the square footage of the primary dwelling unit.  ADUs within Multi-Family Structures: Allow at least one ADU to be created within the non-livable space within multifamily dwelling structures (including but not limited to storage rooms, boiler rooms, passageways, attics, basements, or garages), or up to 25 percent of the existing multifamily dwelling units within a structure and may also allow not more than two ADUs on the lot detached from the multifamily dwelling structure.  Setback and Height Requirements: New State law has a reduced the required setback to four- feet from the side and rear property lines and prohibits a local agency from requiring anything less than a maximum height of 16 feet.  Covenants, Conditions, and Restrictions (CC&Rs): New State law states that, in single-family zoned areas, CC&R agreements cannot “effectively prohibit or unreasonably restrict” ADU or Junior ADU construction.  Regional Housing Needs Allocation (RHNA): Allows local agency to count an ADU or JADU as an adequate site to satisfy.  ADU Project Review: New State law reduces the time to review an ADU application (once it has been deemed complete) from 120 days to 60 days. PLANNING COMMISSION ACTION On October 13, 2021 the Planning Commission adopted Resolution 21-12 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 1464 2. Planning Commission Resolution 21-12 ORDINANCE NO. 1464 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE XV, LAND USAGE, CHAPTER, 153, ZONING CODE, SECTIONS 153.040.070, 153.070.020, 153.120.350, 153.120.360 AND 153.120.370 RELATING TO ACCESSORY DWELLING UNITS AND JUNIOR ACCESSORY DWELLING UNITS AND SECTION 153.150.100 RELATING TO TANDEM PARKING WHEREAS, Baldwin Park Municipal Code Title VI, Land Usage, Chapter 153, Zoning Code, implements the City’s General Plan, establishing land use and development regulations in the City, which includes regulations governing the establishment of Accessory Dwelling Units in the R-1, R-G, and R-3 zoning districts in accordance with Government Code Section 65852.2. WHEREAS, in 2019, the California Legislature passed Assembly Bill 68, Assembly Bill 881, and Senate Bill 13 (the “ADU Bills”) amending Sections 65852.2 and 65852.22 of the California Government Code, which took effect on January 1, 2020, that regulates the establishment and occupancy of Accessory Dwelling Units (“ADUs”) and Junior Accessory Dwelling Units (“JADUs”); WHEREAS, on September 28, 2020, the California Governor approved Assembly Bill No. 3182, which, in part, further amends, amongst other provisions of State law, California Government Code Section 65852.2 – and takes effect on January 1, 2021; WHEREAS, the City of Baldwin Park desires to amend its local regulatory scheme for the construction, occupancy, and maintenance of ADUs and JADUs to ensure compliance with the modified provisions of the ADU Bills; WHEREAS, the ADU Bills require local jurisdictions to allow Accessory Dwelling Units (“ADUs”) on any property approved for residential use (including within single- family, multifamily, and mixed use zones); WHEREAS, although California Government Code Section 65852.2(E)(1) requires all jurisdictions to ministerially approve Accessory Dwelling Units (“ADUs”) that meet certain criteria on all zones approved for residential use (including within single-family, multifamily, and mixed use zones), California Government Code Section 65852.2 authorizes the City to limit other ADUs based upon the adequacy of water and sewer services and the impact of accessory dwelling units on traffic flow and public safety; WHEREAS, the Baldwin Park Municipal Code safeguards against vehicle, bicycle, and pedestrian collisions caused by visual obstructions at street intersections by prohibiting fences and walls in excess of thirty-six inches (36”) above street grade within Page | 2 the visibility triangle of any corner lot or reversed corner lot; where the visibility triangle is the triangle formed by the intersection of two streets having two sides of fifteen feet (15’) in length extending along the curb line of each street; WHEREAS, the City Council of Baldwin Park desires to continue to promote public safety measures along streets and pedestrian sidewalks/walkways adjacent to corner lots and reversed corner lots in the City by maintaining the requirement for a clear visibility triangle on all corner and reversed corner lots; WHEREAS, it is expected that property owners will seek to maximize the use and occupancy of their properties by taking advantage of the benefits provided by establishing Accessory Dwelling Units and/or Junior Accessory Dwelling Units; WHEREAS, approximately 100% of the residential properties within the City of Baldwin Park are located within 1/2 mile of public transit - thereby negating the City’s ability to require additional parking spaces for the Accessory Dwelling Units at those properties; WHEREAS, the City cannot require replacement parking for Accessory Dwelling Units resulting from the conversion of an attached or detached garage, carport, or other covered off-street parking space; WHEREAS, the ADU Bills further amended existing requirements for ADUs and JADUs, including, but not limited to, maximum setbacks allowed on new and existing structures, minimum parking requirements, minimum sizes for ADUs, owner occupancy of ADUs, and the maximum time allowed for local jurisdictions to review and approve or deny an application for an ADU or JADU; and, WHEREAS, the approval of ADUs and JADUs based solely on the default standards set forth in the ADU Bills, without local regulations governing height, setback, landscape, architectural design standards, and other aspects of ADUs and JADUs, would threaten the character of the neighborhoods, and would negatively impact, amongst other things, traffic flow, public safety, and property values within the City of Baldwin Park. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby ordain as follows: SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, the City Council determines the public health, safety and general welfare of the City of Baldwin Park, its residents and property owners can benefit by amending the Baldwin Park Municipal Code (BPMC) to allow Accessory Dwelling Units and Junior Accessory Dwelling Units with development standards, and it is in the best interest of the community to amend the BPMC accordingly. SECTION 2. Based on the foregoing findings and determinations, Baldwin Park Municipal Code Title XV (“Land Usage”), Chapter 153 (“Zoning Code”), Subchapter Page | 3 153.040 (“Residential Zones”), Section 153.040.070 (“Accessory Structures”) is hereby amended and enacted to include Subsection (D) as follows: (D) Notwithstanding the provisions of Subsections 153.040.070(A) and 153.040.070(B), “accessory dwelling units” as defined by Section 153.120.360(B) shall be subject to the regulations and development standards as set forth in Section 153.120.360. SECTION 3. Baldwin Park Municipal Code Title XV (“Land Usage”), Chapter 153 (“Zoning Code”), Subchapter 153.070 (“Mixed-Use Zones”), Section 153.070.020 (“Use Regulations Table 153.070.020 - Permitted and Conditionally Permitted Uses within Mixed-Use Zones”) is hereby amended and enacted to include the following: TABLE 153.070.020 Permitted and Conditionally Permitted Uses within Mixed-Use Zones P CUP A -- Permitted use Conditional use permit required Accessory use Use not allowed Land Use MU-1 MU-2 Specific Regulations Accessory Dwelling Units P P 153.120 Part 11 SECTION 4. Based on the foregoing findings and determinations, Baldwin Park Municipal Code Title XV (“Land Usage”), Chapter 153 (“Zoning Code”), Subchapter 153.120 (“Standards for Specific Land Uses and Activities”), Part 11 (“Accessory Dwelling Units”) is hereby rescinded and replaced in its entirety as follows: PART 11 - Accessory Dwelling Units and Junior Accessory Dwelling Units Section 153.120.350 – Findings; Purpose and Intent; Definitions A. Findings. The City Council hereby finds and declares as follows: 1. Although California Government Code Sections 65852.2 and 65852.22 authorizes the construction and use of Accessory Dwelling Units and Junior Accessory Dwelling Units within areas zoned for residential use (including single-family, multifamily, and mixed use), the Government Code explicitly provides that local agencies may exclude areas based upon the adequacy of water and sewer services, as well as the impact of accessory dwelling units on traffic flow and public safety; 2. The City Council makes all findings set forth in Ordinance 1464 pertaining to the impact of Accessory Dwelling Units on Substandard Streets will have upon traffic flow and public safety. Allowing Accessory Dwelling Units on properties adjacent to Substandard Streets (as that term is defined in Subsection 153.120.350.C.9) would potentially have a detrimental impact upon traffic flow for residents upon those streets as a result of the lack of sufficient street parking and the increased demand therefor, as well as upon public safety resulting from the impact upon the ability of Page | 4 Emergency Service Personnel/First Responders to navigate upon Substandard Streets with the increased congestion; 3. California Government Code provides that local agencies my impose standards upon Accessory Dwelling Units and Junior Accessory Dwelling Units that include, but are not limited to, parking, height, setback, landscaping, architectural review, maximum size of a unit, and standards that prevent adverse impacts upon any real property that is listed in the California Register of Historic Resources; 4. The approval of Accessory Dwelling Units and Junior Accessory Dwelling Units based solely on the statutory standards set forth in the California Government Code, without local regulations governing height, setback, landscape, architectural review, among other things, would threaten the character of existing neighborhoods, and negatively impact property values, personal privacy, and fire safety; B. Purpose and Intent. These regulations are provided pursuant to Government Code §§65852.2 and 65852.22 to regulate the establishment, use, and occupancy of Accessory Dwelling Units and Junior Accessory Dwelling Units, and to establish standards to regulate the placement and design of Accessory Dwelling Units and Junior Accessory Dwelling Units in compliance with the Government Code. In addition to compliance with all other applicable statutes, ordinances and regulations, the regulations of Section 153.120.360 (“Accessory Dwelling Units - Use Regulations and Development Standards”) shall apply to all Accessory Dwelling Units and the regulations of Section 153.120.370 (“Junior Accessory Dwelling Units – Use Regulations and Development Standards”) shall apply to all Junior Accessory Dwelling Units. C. Definitions. Terms and phrases used in this Part shall have the same meaning as set forth in Section 153.220 of this Chapter, unless otherwise defined herein. Where there is a conflict between any term or phrase defined in Section 153.220 of this Chapter and Section 153.120.350.C, the definition set forth in Section 153.120.350.C shall control. 1. “Accessory Dwelling Unit” shall have the same meaning as that stated in California Government Code Section 65852.2(j)(1), as that Section may be amended from time to time. An “Accessory Dwelling Unit” shall also include any Second Dwelling Unit lawfully established and approved by the City in any R-1 Zone. 2. “Accessory Dwelling Unit – Junior” and “Junior Accessory Dwelling Unit” shall have the same meaning as that stated in California Government Code Section 65852.22(h)(1), as that Section may be amended from time to time. 3. “Accessory structure” shall mean an existing detached structure with a roof that is subordinate and incidental to a Primary Dwelling Unit that is located or proposed to be located on the same lot (such as a garage, pool house, or carriage house). 4. “Multifamily Dwelling” shall mean two or more residential dwellings that are attached to one another. “Multifamily Dwelling” shall not include multiple dwellings on a single lot that are not attached to one another. Page | 5 5. “Newly constructed” shall mean the construction of new walls and roofs, either attached or detached to an existing Primary Dwelling Unit or to an existing accessory structure on the lot or parcel. 6. “Owner” shall mean the property owner as set forth on the latest equalized County assessment roll, and shall include the following natural persons: a. Sole proprietor b. Partner of a partnership c. Member of a limited liability company d. Executive Officer of a corporation e. Trustor, trustee, or beneficiary of a trust For purposes of Section 153.120.360.F.1 (“Accessory Dwelling Unit: Owner-Occupancy”) and Section 153.120.370.F.1 (“Junior Accessory Dwelling Unit: Owner-Occupancy”), the Owner-Occupant must have authority to bind the owner in all matters related to the property upon which an Accessory Dwelling Unit exists, and shall not pay rent or other compensation to reside at the property. 7. “Primary Dwelling Unit” shall mean any existing or proposed single- unit dwelling that has been or will be legally established and is located on the same lot as an existing or proposed Accessory Dwelling Unit or Junior Accessory Dwelling Unit. 8. “Public Transit” shall have the same meaning as that stated in California Government Code Section 65852.2(j)(10) as that Section may be amended from time to time. 9. “Tandem parking” shall have the same meaning as that stated in California Government Code Section 65852.2(j)(11) as that Section may be amended from time to time Section 153.120.360 – Accessory Dwelling Units - Use Regulations and Development Standards A. Accessory Dwelling Units. In accordance with the regulations and standards set forth in this Section, Accessory Dwelling Units shall be permitted as a matter of right, without any required discretionary review or discretionary permit, on any parcel of property with an existing or proposed residential dwelling in any Residential Zone as indicated in Table 153.040.020 and in any Mixed-Use Zone as indicated in Table 153.070.020 of this Chapter, and as otherwise set forth in Subsection 153.120.360.A.1. Accessory Dwelling Units shall, however, be subject to the Ministerial Permit Requirements set forth in Subsection 153.120.360.B. Page | 6 B. Ministerial Permit(s) Required. No person shall cause, allow, or suffer the erection, conversion, establishment, maintenance, use, or occupancy of any Accessory Dwelling Unit without having first obtained the required permit(s) as set forth in this Section. 1. Building Standards Permit(s) Only. The following Accessory Dwelling Units may be constructed, converted, or established subject to the acquisition of a building permit and corresponding electrical, plumbing, and mechanical permits (and all required inspections and approvals) without the need for a Ministerial Accessory Dwelling Unit Permit as set forth in Subjection 153.120.360.B.2. a. Single-Family Dwelling. i. One Accessory Dwelling Unit located entirely within a proposed or existing single-family dwelling or accessory structure subject to each and all of the following limitations and requirements: a) No detached Accessory Dwelling Unit exists or is proposed to exist on the lot or parcel; b) The Accessory Dwelling Unit has exterior access from the proposed or existing single-family dwelling; c) The side and rear setbacks are sufficient for fire and safety, as determined by the Building Official and/or Fire Department, where safety will require, at a minimum, compliance with Section 153.120.360.D.1(e) of this Code; d) If the Accessory Dwelling Unit is located or proposed to be located within an accessory structure, the accessory structure may be expanded up to 150 square feet beyond the same physical dimensions as the existing accessory structure for the sole purpose of accommodating ingress and egress. ii. One newly constructed, detached Accessory Dwelling Unit on a lot with a proposed or existing single-family dwelling (irrespective of the existence of a Junior Accessory Dwelling Unit erected, converted, established, and maintained in accordance with Section 153.120.370 of this Code) subject to each and all of the following limitations and requirements: a) No Accessory Dwelling Unit exists or is proposed to exist within a proposed or existing single-family dwelling or accessory structure on the lot or parcel; b) The side and rear yard setbacks are at least four feet (4’); c) The total floor area is eight hundred (800) square feet or smaller; and, Page | 7 d) The maximum building height does not exceed sixteen feet (16’) – as measured in accordance with Section 153.130.040 of this Code. b. Multifamily Dwellings. i. Multiple Accessory Dwelling Units within the portions of existing multifamily dwelling structures that are not used as livable space, including, but not limited to, storage rooms, boiler rooms, passageways, attics, basements, or garages, subject to each and all of the following limitations and requirements: a) No detached Accessory Dwelling Unit exists on the lot or parcel; b) The number of Accessory Dwelling Units shall not exceed 25% of the lawfully established multifamily dwelling units existing on the lot or parcel (with the maximum number rounding down to the nearest whole number, with the minimum being one (1)); and, c) Each Accessory Dwelling Unit shall comply with State Building Standards for dwellings. ii. Not more than two (2) Accessory Dwelling Units detached from an existing multifamily dwelling subject to each and all of the following limitations and requirements: a) No Accessory Dwelling Unit exists within portions of an existing multifamily dwelling structures on the lot or parcel; b) The building height of any detached Accessory Dwelling Unit shall not exceed sixteen feet (16’) – as measured in accordance with Section 153.130.040 of this Code; and, c) The minimum rear and side-yard setback of any detached Accessory Dwelling Unit shall be at least four feet (4’); 2. Ministerial Accessory Dwelling Unit Permit. All Accessory Dwelling Units that do not meet the criteria for a Building Standards Permit(s) Only as set forth in Subsection 153.120.360.B.1 may be constructed or converted subject to the acquisition of a Ministerial Accessory Dwelling Unit Permit as set forth in this Section, as well as corresponding building, electrical, plumbing, and mechanical permits (and all required inspections and approvals). Accessory Dwelling Units subject to a Ministerial Accessory Dwelling Unit Permit shall adhere to the ministerial Development Standards set forth in Subsection 153.120.360.D.2. 3. Ministerial Plan Check. a. Plan Submission. In order to obtain any required Ministerial Accessory Dwelling Unit Permit or required building, electrical, plumbing, or mechanical Page | 8 permits for an Accessory Dwelling Unit, all persons shall submit an application (and all corresponding fees as set forth by Council Resolution) to the Community Development Department demonstrating compliance with the requirements of this Section and containing, at a minimum, the following information: i. A fully-dimensioned site plan containing the following information pertaining to the property upon which the Accessory Dwelling Unit is proposed to be established: a) Name and address of the applicant and of all persons owning any or all of the property; b) Evidence that the applicant is the owner of the property or otherwise has the written permission of the owner(s); c) Address and Assessor Parcel Number of the property; d) Property dimensions and square footage of the property; e) The use, location, size of all existing buildings and structures on the property and the proposed Accessory Dwelling Unit, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features; ii. A fully-dimensioned floor plan of the existing primary dwelling and the proposed Accessory Dwelling Unit; iii. A roof plan for all existing and proposed structures; iv. A set of fully-dimensioned building elevations of all sides of existing structures on the property and the proposed Accessory Dwelling Unit. b. Action Upon Application. i. An application for a Ministerial Accessory Dwelling Unit Permit or for required building, electrical, plumbing, or mechanical permits for an Accessory Dwelling Unit shall be considered and approved ministerially without discretionary review or a hearing. ii. The City shall act upon any application for ministerial permits for the establishment of an Accessory Dwelling Unit within sixty (60) calendar days from the date a completed application (with all supporting material and fees) has been received by the City. a) If the application to establish an Accessory Dwelling Unit is submitted with an application to create a new single-family dwelling on Page | 9 the lot, the City is authorized to delay action upon any permits for the Accessory Dwelling Unit until the City acts upon the application for the single-family dwelling. b) If the applicant requests a delay, the 60-day period shall be tolled for the requested delay. 4. Revocation of Building Standards Permit(s) and/or Certificate of Occupancy. The Building Officials shall have the authority to revoke any building, electrical, plumbing, or mechanical permit, or any Certificate of Occupancy, for an Accessory Dwelling Unit in accordance with the provisions of the Baldwin Park Building Code or other applicable provision(s) of the Baldwin Park Municipal Code. 5. Revocation of Ministerial Accessory Dwelling Unit Permit. a. Revocation. The City Planner may revoke a Ministerial Accessory Dwelling Unit Permit upon a finding of any of the following grounds. i. The applicant has knowingly made any false, misleading, or fraudulent statement of material fact in the application for a Ministerial Accessory Dwelling Unit Permit; ii. The Accessory Dwelling Unit does not adhere to all limitations and requirements for the establishment, use, occupancy, or maintenance of the Accessory Dwelling Unit as set forth in this Section. b. Notice of Revocation. Upon determining that a ground for revocation exists to revoke a Ministerial Accessory Dwelling Unit Permit, the City Planner shall serve a written Notice of Revocation upon the permittee and current owner of the property on which the Accessory Dwelling Unit is located. The Notice of Revocation shall include, at a minimum, the following information: i. The address of the property on which the Accessory Dwelling Unit is located; ii. The name of the owner of the property on which the Accessory Dwelling Unit is located; iii. The Ministerial Accessory Dwelling Unit Permit number that is being revoked; iv. The date of revocation; v. The ground(s) for revocation; and, vi. A statement that the permittee or current owner of the property on which the Accessory Dwelling Unit is located has the right to challenge the revocation of the Ministerial Accessory Dwelling Unit Permit by filing a Request to Appeal Page | 10 on a City-approved form within ten (10) calendar days of service of the Notice of Revocation. c. Appeal Hearing. Within sixty (60) calendar days of any timely received Request to Appeal, a Hearing Officer approved by the Chief Executive Officer of the City shall conduct a hearing to determine if a ground for revocation as set forth in Subsection 153.120.360.B.5.a exists. i. Appeal hearings are informal, and formal rules of evidence and discovery do not apply. The City bears the burden of proof to establish the existence of a ground for revocation by a preponderance of the evidence. The issuance of a Notice of Revocation shall constitute prima facie evidence of the existence of a ground for revocation. The City and appellant shall have the opportunity to present evidence (testimonial, documentary, or otherwise) at the hearing, as well as to cross- examine any witness providing evidence at the hearing. The City may, at its discretion, record the hearing by stenographer or court reporter, audio recording, or video recording. ii. If the appellant fails to appear for the appeal hearing, the Request for Appeal shall be deemed withdrawn by the appellant and a waiver of the right to appeal the Notice of Revocation. In such instance, the Hearing Officer shall cancel the appeal hearing. iii. Within thirty (30) calendar days of the conclusion of the appeal hearing, the Hearing Officer shall issue determine whether any of the grounds set forth in the Notice of Revocation exists, and shall serve the appellant with a written Decision on Appeal. Notwithstanding any provision of the Baldwin Park Municipal Code to the contrary, the decision of the Hearing Officer is a final, conclusive, and binding administrative decision. d. Service. Any notice required by this Section to be served upon the permittee may be served either via personal delivery or by First Class Mail at the address listed on the Ministerial Accessory Dwelling Unit Permit application. Any notice required by this Section to be served upon the owner of the property on which the Accessory Dwelling Unit is located shall be served upon the property owner either via personal delivery or by First Class Mail at the mailing address on the last equalized assessment roll of the Los Angeles County Assessor’s Office or to any other address provided by the owner. i. The date of service shall be the date the notice is personally delivered or placed in a U.S. Postal Service receptacle. Failure of any party to receive a properly addressed notice by mail shall not invalidate any action or proceeding pursuant to this Section. C. Density. Except as otherwise provided in this Section, no more than one Accessory Dwelling Unit is allowed on a property. Accessory Dwelling Units established, maintained, and occupied in compliance with Section 153.120.360 of this Code shall not be calculated as part of the allowable density for the lot upon which it is located. Page | 11 D. Development Standards. Unless stated in this Section or California Government Code section 65852.2 (as that Section may be amended from time to time), all other development standards applicable within the zone in which the Accessory Dwelling Unit is located or proposed to be located shall apply, including, but not limited to, setbacks, building height, and minimum distance between structures. 1. All Accessory Dwelling Units shall adhere to the following requirements and limitations. a. Building Standards. All Accessory Dwelling Units, and all electrical, plumbing, and mechanical systems, fixtures, and equipment in connection therewith, shall comply with all applicable Building Standards – including minimum room sizes as set forth in the California Residential Code. i. Fire Sprinklers. Fire sprinklers shall be required in any Accessory Dwelling Unit if fire sprinklers are required in the Primary Dwelling Unit. b. Habitability. All Accessory Dwelling Units shall be fully habitable, and shall at a minimum meet all requirements for an efficiency unit as defined by Section 1207.4 of the California Building Code or Section 17958.1 of the California Health & Safety Code, as those Sections may be amended from time to time. c. Mechanical Equipment. All new mechanical equipment associated with a newly constructed Accessory Dwelling Unit shall be located on the ground no less than four feet (4’) from the side and rear property lines. Any existing equipment located on the roof or exterior walls of the existing Primary Dwelling Unit or accessory structure shall be provided with a decorative screen to shield such equipment from view and shall be placed at least six inches (6”) below the top of the lowest building parapet or decorative screen. No pluming line shall be placed upon the exterior wall of a structure unless such line is enclosed or otherwise screened from view. d. Design Standards – Architectural Features. A newly constructed Accessory Dwelling Unit shall incorporate the same or similar architectural features, building materials, and color as the Primary Dwelling Unit on the property. These features shall include, but shall not be limited to, roofing material, roof design, fascia, exterior building finish, color, exterior doors and windows including but not limited to ratios of window dimensions (e.g., width to height) and window area to wall area, garage door and architectural enhancements. e. Clear Cross Visibility on Corner Lots and Reversed Corner Lots. In order to ensure clear visibility and to safeguard vehicle operators, cyclists, and pedestrians, newly constructed Accessory Dwelling Units on corner lots and reversed corner lots in all zones of the City shall maintain clear cross visibility as required by Section 153.130.090 of this Code or any other provision of this Code. 2. All Accessory Dwelling Units that require a Ministerial Accessory Dwelling Unit Permit shall adhere to each of the development standards set Page | 12 forth in this Subsection. The development standards set forth in this Subsection shall supersede any conflicting development standard(s) provided elsewhere in this Code for the zone in which the Accessory Dwelling Unit is located or proposed to be located. a. Lot and Unit Size Requirements – Single-Family Dwelling i. New Construction. The following lot and unit floor area regulations apply to all newly constructed Accessory Dwelling Units on lots with existing or proposed single-family dwellings. Lot Size in Square Feet Maximum Allowable Floor Area of Any ADU Attached to Existing Primary Dwelling Maximum Allowable Floor Area of Any ADU Detached from Existing Primary Dwelling 5,000 or less 850 sf for ADU with 1 or less bedroom 1,000 sf for ADU with more than 1 bedroom 850 sf for ADU with 1 or less bedroom 1,000 sf for ADU with more than 1 bedroom 5,001 - 8,000 850 sf for ADU with 1 or less bedroom 1,000 sf for ADU with more than 1 bedroom 1,000 sf 8,001 and over 850 sf for ADU with 1 or less bedroom 1,200 sf for ADU with more than 1 bedroom 1,200 sf ii. Existing Construction. There shall not be any floor area limitation for any Accessory Dwelling Unit constructed within the proposed space of a single-family dwelling or within the existing walls of a single-family dwelling or of an accessory structure. a) An existing accessory structure may be expanded up to 150 square feet beyond the same physical dimensions of the existing accessory structure only to accommodate ingress and egress to the Accessory Dwelling Unit. b) An Accessory Dwelling Unit proposed within an existing accessory structure that expands the accessory structure beyond 150 square feet shall be subject to the lot and floor area limitations set forth in Subsection 153.120.360.D.2.a. b. Location. All newly constructed Accessory Dwelling Units shall be located as set forth herein. Page | 13 i. Single-Family Dwellings. Each newly constructed detached Accessory Dwelling Unit shall be located within the rear 50 percent of the lot. Each newly constructed attached Accessory Dwelling Unit shall be located to the rear of the front elevation of the existing single family dwelling unit ii. Multifamily Dwellings. Each newly constructed detached Accessory Dwelling Unit shall be located to the rear of the rear elevation of the existing Primary Dwelling Unit nearest to the front yard. c. Setbacks. i. Single-Family Dwellings. a) No rear and side yard setback shall be required for an Accessory Dwelling Unit that is converted from any of the following, unless the Building Official or Fire Department determine that setbacks are required for fire and/or life-safety: 1) An existing living area; 2) An existing accessory structure; 3) A structure constructed in the same location and to the same dimensions as an existing structure. b) All other Accessory Dwelling Units shall maintain a minimum rear and side-yard setback of four feet (4’). c) The setbacks for any reverse-corner lot shall be the same as otherwise required by this Code for the zone in which the lot exists. ii. Multifamily Dwellings. a) No rear and side-yard setback shall be required for an Accessory Dwelling Unit that is converted from any of the following, unless the Building Official or Fire Department determine that setbacks are required for fire and/or life-safety: 1) An existing area of a multifamily dwelling that is not used as living space; b) All detached Accessory Dwelling Units shall maintain a minimum rear and side-yard setback of four feet (4’). c) The setbacks for any reverse-corner lot shall be the same as otherwise required by this Code for the zone in which the lot exists. Page | 14 d. Clear Cross Visibility on Corner Lots and Reversed Corner Lots. In order to ensure clear visibility and to safeguard vehicle operators, cyclists, and pedestrians, newly constructed Accessory Dwelling Units on corner lots and reversed corner lots in all zones of the City shall maintain clear cross visibility as required by Section 153.130.090 of this Code or any other provision of this Code. e. Maximum Height. Each newly constructed attached or detached Accessory Dwelling Unit shall be limited in height to one story, with a maximum height not to exceed sixteen feet (16’) – as measured in accordance with Section 153.130.040 of this Code. The roof style and pitch shall match the Primary Dwelling Unit. E. Parking. 1. New parking. a. One off-street parking space shall be provided for each Accessory Dwelling Unit, in addition to any other parking required for all other dwelling units. Off-street parking may be configured as tandem parking or may be located within the rear setback area of a lot, unless such parking is determined to not be feasible based upon the specific site or regional topographical or fire and life safety conditions. i. No additional parking spaces shall be required for any Accessory Dwelling Unit in any of the following instances: a) The Accessory Dwelling Unit is located within one-half mile walking distance of public transit; b) The Accessory Dwelling Unit is located within an architecturally and historically significant historic district; c) The Accessory Dwelling Unit is part of the proposed or existing primary residence or an accessory structure; d) When on-street parking permits are required but not offered to the occupant of the Accessory Dwelling Unit; e) When there is a car share vehicle located within one block of the Accessory Dwelling Unit. ii. Each standard surface parking space shall have a minimum width of 10 feet, unless it is adjacent to a structure, such as a fence or wall, and then shall have a minimum width of 10 feet 6 inches; shall have a minimum length of 20 feet; be located so that an automobile is not required to back onto a public street; and maintain at least 24 feet of backup space directly behind each parking space. iii. Each parallel surface parking space shall have a minimum width of 10 feet and a minimum length of 23 feet. Page | 15 iv. Each enclosed garage parking space shall have a minimum width of 10 feet and a minimum length of 20 feet. 2. Replacement parking. a. When a garage, carport, or covered parking structure is demolished in conjunction with the construction of an Accessory Dwelling Unit or converted to an Accessory Dwelling Unit, the previously existing parking spaces do not need to be replaced. i. If an Accessory Dwelling Unit that resulted in a reduction or elimination of off-street parking otherwise required by this Code is removed or eliminated, all off-street parking required by this Code at the time the Accessory Dwelling Unit is to be eliminated shall be provided concurrently with the elimination of the Accessory Dwelling Unit. 2. Vehicular Access. The accessory dwelling unit shall utilize the same vehicular access that serves the existing main dwelling unit, unless the accessory dwelling unit has access from an alley contiguous to the lot. F. Occupancy and Sale Restrictions. 1. Owner-Occupancy. An owner, as defined in Section 153.120.350.C of this Part, of the real property upon which an Accessory Dwelling Unit is created shall reside either within the Primary Dwelling Unit or in the Accessory Dwelling Unit at all times. a. Exception. An Accessory Dwelling Unit for which the required ministerial Accessory Dwelling Unit Permit and/or Building Standards Permit(s) has been issued between January 1, 2020 and December 31, 2024, and for which a Certificate of Occupancy is issued prior to the expiration of the Accessory Dwelling Unit Permit and/or Building Standards Permit(s), shall not be subject to the owner-occupancy requirements set forth in Subsection 153.120.360.F.1. 2. Sale. An Accessory Dwelling Unit may not be sold separately from the Primary Dwelling Unit(s) on the parcel or lot upon which the Accessory Dwelling Unit exists. 3. Rental. The Accessory Dwelling Unit shall not be rented for any term or period of thirty (30) consecutive calendar days or less. If the Accessory Dwelling Unit is rented, the owner shall obtain and maintain a current and valid business license, in accordance with Section 111.03 of this Code. 4. Deed restriction. Prior to the occupancy of an Accessory Dwelling Unit and/or the issuance of a Certificate of Occupancy for an Accessory Dwelling Unit, the owner shall cause a deed restriction, in a form approved by the City Attorney’s Office, to be recorded in the County Recorder’s Office and a copy filed with the Planning Division. Page | 16 The deed restriction shall run with the land and bind all future owners. The deed restriction shall include, at a minimum, the following: a. Declaration prohibiting the sale of the Accessory Dwelling Unit separate from the sale of the Primary Dwelling Unit; b. Declaration that the Accessory Dwelling Unit shall not be rented for any term or period of thirty (30) consecutive calendar days or less; c. Declaration restricting the size, attributes, and uses of the Accessory Dwelling Unit to that which conforms to this Section; d. Declaration that the Accessory Dwelling Unit adheres to all requirements of the Baldwin Park Municipal Code – including this Section, and that it will be maintained, used, and occupied in compliance with the requirements of the Baldwin Park Municipal Code – including this Section; e. Declaration that upon elimination of any Accessory Dwelling Unit that resulted in a reduction or elimination of off-street parking otherwise required by this Code, all off-street parking required by this Code at the time the Accessory Dwelling Unit is to be eliminated shall be provided concurrently with the elimination of the Accessory Dwelling Unit; f. Declaration that all of the above deed restrictions may be enforced against future property owners; and, g. Other declarations as deemed necessary by the City Planner to ensure compliance with the requirements and restrictions of this Section. The deed restriction may be removed, with City approval, if the owner eliminates the Accessory Dwelling Unit (and restores any off-street parking spaces as required by Subsection 153.120.360.E.2.i) all required City approvals, permits, and inspections to the satisfaction of the City Section 153.120.370 – Junior Accessory Dwelling Units - Use Regulations and Development Standards A. Junior Accessory Dwelling Units. In accordance with the regulations and standards set forth in this Section, one (1) Junior Accessory Dwelling Unit shall be permitted as a matter of right, without any required discretionary review or discretionary permit, on any parcel of property with an existing or proposed single-family residential dwelling in any single-family residential zone as indicated in Table 153.040.020. 1. Junior Accessory Dwelling Units are prohibited on all properties with more than one single-family dwelling on the lot or proposed to be erected on the lot. A Page | 17 lawfully established detached Accessory Dwelling Unit shall not be deemed a single- family dwelling unit for purposes of this Section. B. Ministerial Building Standards Permit(s) Required. No person shall cause, allow, or suffer the erection, conversion, establishment, maintenance, use, or occupancy of any Junior Accessory Dwelling Unit without having first obtained a building permit and corresponding electrical, plumbing, and mechanical permits (and all required inspections and approvals) in accordance with this Section. 1. Ministerial Plan Check. In order to obtain any required building, electrical, plumbing, or mechanical permits for a Junior Accessory Dwelling Unit, all persons shall submit an application (and all corresponding fees as set forth by Council Resolution) to the Community Development Department demonstrating compliance with the requirements of this Section and containing, at a minimum, the following information a. A fully-dimensioned site plan containing the following information pertaining to the property upon which the Junior Accessory Dwelling Unit is proposed to be established: i. Name and address of the applicant and of all persons owning any or all of the property; ii. Evidence that the applicant is the owner of the property or otherwise has the written permission of the owner(s); iii. Address and Assessor Parcel Number of the property; iv. Property dimensions and square footage of the property; v. The use, location, size of all existing buildings and structures on the property and the proposed Junior Accessory Dwelling Unit, yards, driveways, access and parking areas, landscaping, walls or fences, and other similar features; and, b. A fully-dimensioned floor plan of the existing primary dwelling and the proposed Junior Accessory Dwelling Unit. 2. Action Upon Application. a. An application for required building, electrical, plumbing, or mechanical permits for a Junior Accessory Dwelling Unit shall be considered and approved ministerially without discretionary review or a hearing. b. The City shall act upon any application for ministerial permits for the establishment of a Junior Accessory Dwelling Unit within sixty (60) calendar days from the date a completed application (with all supporting material and fees) has been received by the City. Page | 18 i. If the application to establish a Junior Accessory Dwelling Unit is submitted with an application to create a new single-family dwelling on the lot, the City is authorized to delay action upon any permits for the Accessory Dwelling Unit until the City acts upon the application for the single-family dwelling. ii. If the applicant requests a delay, the 60-day period shall be tolled for the requested delay. 3. Revocation of Building Standards Permit and/or Certificate of Occupancy. The Building Officials shall have the authority to revoke any building, electrical, plumbing, or mechanical permit, or any Certificate of Occupancy, for an Junior Accessory Dwelling Unit in accordance with the provisions of the Baldwin Park Building Code or other applicable provision of the Baldwin Park Municipal Code. C. Density. No more than one (1) Junior Accessory Dwelling Unit shall be permitted on any parcel of property. The Junior Accessory Dwelling Unit shall not be calculated as part of the allowable density for the lot upon which it is located. 1. A Junior Accessory Dwelling Unit shall not be considered a separate or new dwelling unit for purposes of providing service for water, sewer, or power. D. Development Standards. All Junior Accessory Dwelling Units shall adhere to the following requirements and limitations. 1. Building Standards. All Junior Accessory Dwelling Units, and all electrical, plumbing, and mechanical systems, fixtures, and equipment in connection therewith, shall comply with all applicable Building Standards – including minimum room sizes as set forth in the California Residential Code. 2. Location. A Junior Accessory Dwelling Unit shall be constructed within the walls of an existing single-family dwelling or attached garage, or within the walls of a proposed single-family dwelling. 3. Unit Size Requirement. A Junior Accessory Dwelling Unit shall not exceed 500 square feet in size. 4. Cooking Facilities Required. A Junior Accessory Dwelling Unit shall include an efficiency kitchen, which shall include, at a minimum, all of the following: a. A kitchen sink; b. Cooking facility with appliances as required for an efficiency unit pursuant to California Health & Safety Code Section 17958.1 and California Building Code Section 1207.4 (or any subsequent amendments thereto); and, c. A food preparation counter and storage cabinets that are of reasonable size in relation to the size of the Junior Accessory Dwelling Unit. Page | 19 5. Sanitation Facilities. Junior Accessory Dwelling Units may share sanitation facilities with the existing single-family residence. 6. Separate Entrance Required. A Junior Accessory Dwelling Unit shall include an exterior entrance that is separate from the main entrance to the proposed or existing single-family dwelling. a. If the Junior Accessory Dwelling Unit shares sanitation facilities with the existing single-family residence, the Junior Accessory Dwelling Unit shall also be accessible from the main living area of the primary single-family residence. E. Parking. Although no additional parking shall be required for the establishment of a Junior Accessory Dwelling Unit, the establishment of a Junior Accessory Dwelling Unit shall not result in a decrease of off-street parking spaces as required by Section 153.150.040 of this Code. 1. If a Junior Accessory Dwelling Unit is proposed within a garage attached to single-family dwelling, the applicant shall replace any corresponding parking space in accordance with the provisions of Section 153.150 of this Code. F. Occupancy and Sale Restrictions. 1. Owner-Occupancy. The owner of the property on which a Junior Accessory Dwelling Unit is established shall reside either within the Junior Accessory Dwelling Unit or the remaining portion of the single-family residence. a. Owner-occupancy shall not be required if the owner of the property is another governmental agency, land trust, or housing organization. 2. Sale. A Junior Accessory Dwelling Unit may not be sold separately from the primary single-family residence. 3. Rental. The Junior Accessory Dwelling Unit shall not be rented for any term or period of thirty (30) consecutive calendar days or less. If the Accessory Dwelling Unit is rented, the owner shall obtain and maintain a current and valid business license, in accordance with Section 111.03 of this Code. 4. Deed Restriction. Prior to the occupancy of a Junior Accessory Dwelling Unit and/or the issuance of any Certificate of Occupancy for a Junior Accessory Dwelling Unit, the owner shall cause a deed restriction, in a form approved by the City Attorney’s Office, to be recorded in the County Recorder’s Office and a copy to be filed with the Planning Division. The deed restriction shall run with the land and bind all future owners. The deed restriction shall include, at a minimum, the following: a. Declaration prohibiting the sale of the Junior Accessory Dwelling Unit separate from the sale of the primary single-family residence; Page | 20 b. Declaration that the Junior Accessory Dwelling Unit shall not be rented for any term or period of thirty (30) consecutive calendar days or less; c. Declaration restricting the size, attributes, and uses of the Junior Accessory Dwelling Unit to that which conforms to this Section; d. Declaration that the owner of the property on which the Junior Accessory Dwelling Unit exists or is proposed to exist shall reside either within the Junior Accessory Dwelling Unit or the remaining portion of the single-family residence at all times. e. Declaration that the Junior Accessory Dwelling Unit adheres all requirements of the Baldwin Park Municipal Code – including this Section, and that it will be maintained, used, and occupied in compliance with the requirements of the Baldwin Park Municipal Code – including this Section; f. Declaration that all of the above deed restrictions may be enforced against future property owners; and, g. Other declarations as deemed necessary by the City Planner to ensure compliance with the requirements and restrictions of this Section. The deed restriction may be removed, with City approval, if the owner eliminates the Junior Accessory Dwelling Unit with all required City approvals, permits, and inspections to the satisfaction of the City. SECTION 5. Based on the foregoing findings and determinations, Baldwin Park Municipal Code Title XV, Land Usage, Chapter 153, Zoning Code, Subchapter 153.150, “Off-Street Parking and Loading,” Section 153.150.100, “Parking Lot and Structure Design Standards” is amended to read as follows: D. Tandem parking prohibited. Each parking space shall be accessible without requiring the movement of another vehicle. Except as provided for in Section 153.120.360.(I) 153.120.360.E.1, tandem parking arrangements are specifically prohibited. SECTION 6. CEQA. City Council approval of Zoning Code Amendment Case Number AZC 21-02 and adoption of Ordinance No. 1464 are not subject to the California Environmental Quality Act (CEQA) pursuant to Article 5, Section 15060(c)(2), which determines a project is not subject to CEQA if “the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment” and 15060(c)(3) “the activity is not a project as defined in Section 15378.” The proposed amendment does not meet the criteria defined in Section 15378. Furthermore, the proposed amendment is exempt from the review for exemption pursuant to Section Article 5, 15061(b)(3), “The activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty that there is no possibility that the Page | 21 activity in question may have a significant effect on the environment, the activity is not subject to CEQA.” SECTION 7. If any section, subsection, subdivision, sentence, clause, phrase or portion 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 section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8. To the extent the provisions of the Baldwin Park Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments. SECTION 9. This ordinance shall be effective and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE ______ DAY OF ___________, 2021 _________________________________ EMMANUEL J. ESTRADA, MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) Page | 22 I, Marlen Garcia, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on _________________, 2021. Thereafter, said Ordinance No. 1464 was duly approved and adopted at a regular meeting of the City Council on _________________, 2021 by the following vote: AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: _________________________________________ MARLEN GARCIA CITY CLERK STAFF REPORT ITEM NO. ________14_________ TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez, Director of Community Development DATE: November 3, 2021 SUBJECT: Consideration of Amendment to the Rent Stabilization Ordinance of the City of Baldwin Park to Clarify Certain Provisions SUMMARY On December 4, 2019, the City Council adopted Ordinance No. 1447 to temporarily freeze rents for 120 days in the City of Baldwin Park, prohibit certain residential units from rent increases in excess of 3% in any 12 month period, and regulating the reasons landlords are permitted to terminate certain residential tenancies. To address the concerns of residents and to clarify provisions in Rent Stabilization Ordinance, the City Council directed staff to draft changes to the Rent Stabilization Ordinance. If desired, the City Council may take action on the proposed changes to the Rent Control Ordinance during the next City Council Meeting, or table the item for further consideration. RECOMMENDATION Staff recommends that the City Council discuss and review the language of the proposed amended Ordinance entitled, “ An Ordinance of the City Council of the City of Baldwin Park, California, Adding Chapter 11, Section 129 to the Baldwin Park Municipal Code”, and direct staff to bring back for first reading at the next regularly scheduled City Council Meeting. BACKGROUND The City of Baldwin Park City Council adopted Urgency Ordinance No. 1447 on December 4, 2019 to temporarily freeze rents for 120 days in the City of Baldwin Park (until April 3, 2020), prohibit certain residential units from rent increases in excess of 3% in any 12 month period, and regulating the reasons landlords are permitted to terminate certain residential tenancies, also called Just Cause Eviction. The changes to the Ordinance 1447 proposed by staff address typographical errors in the ordinance, add terms to further strengthen the Ordinance and clarify sections for the benefit of both tenants and landlords. The additional terms prohibit landlords from raising or instituting new fees for services that were included in the rent previously, such as water, electricity and parking in order to circumvent the rent increase cap of 3%. Ordinance 1447 does not have a separate eviction freeze, only a rent freeze, also called a rent moratorium. This rent moratorium ended on April 3, 2020. However, the City enacted a separate emergency eviction Freeze due to the ongoing Covid-19 pandemic. This local eviction freeze brought the city in line with the statewide emergency order. The statewide emergency order ended on September 30, 2020. However, LA County has now enacted a rent freeze ordinance that applies to the City of Baldwin Park. FISCAL IMPACT The registration fee of $28.00 per affected housing unit has remained unchanged and is expected to generate approximately $40,000 annually to reimburse the City for a portion staff costs associated with the administration of the RSO. After the adoption of Ordinance No. 1447, post cards were mailed providing notice of the registration requirement. Just under 25% of the estimated units have registered thus far. A second post card notice was mailed at the end of August reminding landlords to pay the fee by September 10th or they will be subject to a penalty of 150% per controlled rental unit. CEQA Pursuant to Section 15061 (b)(3) of the California State CEQA Guidelines, the amendments to the City of Baldwin Park’s Municipal Code are exempt from CEQA, as they do not have the potential for causing a significant effect on the environment. ALTERNATIVES The City Council may also select to table this item to the next regularly scheduled City Council Meeting and provide further direction to staff on the proposed Rent Stabilization Ordinance. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Revised proposed Ordinance with changes ATTACHMENT 1 – Table of Changes to Ordinance 1447 Section Original Revision Effect 129.04(b) If there was no rent in effect on the date one year prior to the adoption of this Ordinance, the base rent ceiling shall be the rent that was charged on the first date that rent was charged. If there was no rent in effect on the date one year prior to the adoption of this Ordinance, the base rent ceiling shall be the rent that was charged on the first date that rent was charged subsequent to the date one year prior to the adopt of this Ordinance. The original required landlords to set the base rent at the point tenants first moved into the unit. This could potentially have set base rent at values from 2018 or earlier. A 10- year tenant would have base rent values set as early as 2010. The revision limits the inquiry to one year prior to the adoption of the RSO. 129.04(c) Landlord may increase the “base rent ceiling” according to the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers or CPI-U. The maximum increase in rent based on the CPI-U is three percent (3%) per twelve-month period. Thus, no base rent ceiling may be increased more than three percent (3%) during any twelve- month period. Landlord may increase rent according to the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers or CPI-U. The maximum increase in rent based on the CPI-U is three percent (3%) per twelve-month period. Thus, the rent for any controlled unit shall not be increased more than three percent (3%) during any twelve- month period. An increase made pursuant to this subsection shall establish a new “base rent ceiling” for the affected unit. The original language confused landlords, because they thought they could increase the base rent ceiling and then increase the rent on top of the base rent ceiling increase. The revision aims to clarify that the rent cannot be raised more than 3% in a year and that making an increase in rent establishes the new base rent. Section Original Revision Effect 129.04(d) If the Consumer Price Index (CPI-U) is zero or less than one percent, then the landlord may increase rent to one percent (1%). If the Consumer Price Index (CPI-U) is any number less than one percent (1%), then the landlord may increase rent up to one percent (1%). The “zero or one percent” language caused confusion. The aim of this revision was to clarify that landlords may raise rent by 1% if the CPI-U is 1% or less. 129.04(e) As soon as the landlord is aware of the maximum allowable rent, the landlord shall post it for each unit in a prominent place in or about the affected controlled rental units. The City may require that other information it deems relevant also be posted. The landlord has a duty to post the maximum allowable rent prior to any increase. [Original Language intact] The original language potentially rewarded a landlord’s willful ignorance. The aim of the revision is to clarify that the landlord has a duty to post the maximum rent. 129.05(a) Upon receipt of a petition by a landlord, the rent of individual controlled rental units may be adjusted upward above the maximum allowable in accordance with the procedures set forth elsewhere in this Ordinance. Upon receipt of a petition by a landlord, the rent of individual controlled rental units may be adjusted upward above the maximum allowable in accordance with the procedures set forth in this section. The aim of this revision is to clarify that section 129.05 contains the hearing procedure. 129.06 The request must be made in writing, describe all facts to the negative cash flow, and be on an approved form the City will provide. The request must be made in writing, describing all facts to the negative cash flow, provide any documents to be considered by the City Council, and be on an approved form the City will provide. [Remainder of original Language intact] For a petition under this section, the hearing process and procedures under Section 129.05 will apply. The original language did not require documentation or reference the procedure for the hearing. The aim of the revision is to require documentation to be provided prior to the hearing and for the hearing process to be handled according to the procedure outlined in Section 129.05 Section Original Revision Effect 129.7 Section 129.7 Section 129.07 Numbering change to bring the section in line with the other sections of the RSO. 129.8 Section 129.8 Section 129.08 Numbering change to bring the section in line with the other sections of the RSO. 129.8 No landlord shall take action to terminate any tenancy including but not limited, to making a demand for possession of a rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction notice or bringing any action to recover possession or be granted recovery of possession of a controlled rental unit unless: No landlord shall take action to terminate any tenancy including but not limited to, making a demand for possession of a rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction notice, or bring any action to recover possession, or be granted recovery of possession of a controlled rental unit unless one of the following apply: The original could be read to require that all ten subsections requirements be present. Some of these would inherently conflict. The revisions attempt to clarify that one of the ten provisions must be present. 129.11(d)(4) The landlord seeks to recover possession of the rental unit in order to comply with a governmental agency's order to vacate, order to comply, order to abate, or any other order that necessitates vacating the rental unit as a result of a significant or extended violation of housing, health, building or safety laws of the state of California or the City of Pasadena which would result in a constructive eviction. The landlord seeks to recover possession of the rental unit in order to comply with a governmental agency's order to vacate, order to comply, order to abate, or any other order that necessitates vacating the rental unit as a result of a significant or extended violation of housing, health, building or safety laws of the state of California or the City of Baldwin Park which would result in a constructive eviction. Original incorrectly listed the City as Pasadena instead of Baldwin Park Section Original Revision Effect 129.12 Landlord must provide a factual basis in writing to the City. The pass-through, if approved, will run with the units. The landlord must provide a factual basis in writing to the City describing all facts of the passthrough, any documents to be considered by the City, and any receipts to be considered by the City. The passthrough, if approved, will run with the units for five years. [Remainder of Original Language intact] For a petition under this section, the hearing process and procedures under Section 129.05 will apply. The original section did not fully expand on how a landlord could show the factual basis required. It also was unclear as to the hearing process. The revision attempts to clarify this by expanding on the requirements for documents and receipts. The revision also refers the landlord to the hearing process in section 129.05. 129.15 By Petition to the City Council, any landlord may seek a rent increase above three percent based on providing "just cause" for the increase. Landlord must provide factual basis in writing to the City. By petition to the City Council, any landlord may seek a rent increase above three percent (3%) based on providing “just cause” for the increase. [Original Language intact] The landlord must provide a factual basis in writing to the City Council describing all facts of the “just cause” increase and any documents to be considered. [Original Language intact] For a petition under this section, the hearing process and procedures under Section 129.05 will apply. The original section did not fully expand on how a landlord could show the factual basis required. It also was unclear as to the hearing process. The revision attempts to clarify this by expanding on the requirements for documents. The revision also refers the landlord to the hearing process in section 129.05. Section Original Revision Effect 129.19 Any provision, whether oral or written in or pertaining to a rental housing agreement whereby any provision of this Ordinance for the benefit of the tenant is waived, shall be deemed to be against public policy and shall be void. Any provision, whether oral or written in or pertaining to a rental housing agreement, whereby any provision of this Ordinance is waived, for the benefit of the tenant, shall be deemed to be against public policy and shall be void A common was added after the word waived. This was added to clarify that the provisions of the RSO are for the benefit of the tenant. 129.21(c) If the tenant from whom such excessive payment is demanded, accepted, received or retained in violation of the foregoing provisions of this Ordinance or any rule or regulation or order hereunder promulgated fails to bring a civil or administrative action as provided for in this Ordinance within one hundred eighty (120) days from the date of occurrence of the violation, the City may settle the claim arising out of the violation or bring such action. If the tenant from whom such excessive payment is demanded, accepted, received, or retained in violation of the foregoing provisions of this Ordinance or any rule of regulation or order hereunder promulgated fails to bring a civil or administrative action as provided for in this Ordinance within one hundred eighty (180) days from the date of the occurrence of the violation, the City may settle the claim arising out of the violation or bring such action. The original contained a conflict between the amount written and the numerical amount: one hundred eighty vs (120). The revision brings the numerical amount in line with the written amount. 192.22 192.22 129.22 Numbering change to bring the section in line with the other sections of the RSO. 192.22 Any landlord violating this Ordinance shall be guilty of a misdemeanor. Any landlord found to be in willful or continuous violation of this Ordinance shall be guilty of a misdemeanor. The original made every violation, even minor or incidental violation a crime. The revision allows landlords to remedy any violations without immediate criminal action by the City. Section Original Revision Effect 129.25 To the extent that the amendments to Ordinance adopted at the same time as this Section incorporate rules, regulations and practices of the City existing on the date of the adoption hereof, this amendment is declarative of existing law and does not impose any new requirements or limit any existing ones. To the extent that the amendments to this Ordinance adopted at the same time as this Section incorporate rules, regulations, and practices of the City existing on the date of the adoption hereof, this amendment is declarative of existing law and does not impose any new requirements or limit any existing ones. Added the word “this” to the opening phrase to clarify that the section applied to the RSO and not to Ordinances in general. 129.26 Single Family homes, Mobile homes, and duplexes are automatically exempt from the provisions of this Ordinance. Single family homes, mobile homes, mobile home spaces, duplexes, trailers, and trailer spaces are automatically exempt from the provisions of this Ordinance. For the purposes of this section, the phrase “single family home” shall be defined by its normal use and common construction. This original did not completely reflect the definitions listed in Section 129.01. The revision added the additional exemptions reflected in that section and aims to clarify that “single family home” is a commonly used housing term and not a term with a specific legal definition. ATTACHMENTS 1. Revised Ordinance 1447 with redline changes ORDINANCE NO. 1447 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING CHAPTER 11, SECTION 129 TO THE BALDWIN PARK MUNICIPAL CODE, IMPOSING A MORATORIUM PROHIBITING CERTAIN RESIDENTIAL UNITS FROM RENT INCREASES IN EXCESS OF THREE PERCENT (3%) ABOVE THE CURRENT RENT AND PROHIBITING MORE THAN ONE RENT INCREASE IN ANY TWELVE MONTH PERIOD, AND REGULATING THE REASONS LANDLORDS ARE PERMITTED TO TERMINATE CERTAIN RESIDENTIAL TENANCIES AS OF THE EFFECTIVE DATE OF THIS ORDINANCE ON RESIDENTIAL RENTAL UNITS LOCATED WITHIN CITY LIMITS WHEREAS, a growing shortage of decent, safe and sanitary housing units resulting in a low vacancy rate and rapidly rising rents exploiting this shortage constitutes a serious housing problem affecting the lives of a substantial portion of those Baldwin Park residents who reside in residential housing; and WHEREAS, speculation in the purchase and sale of existing residential housing units results in further rent increases; and WHEREAS, these conditions endanger the public health and welfare of Baldwin Park tenants, especially the poor, minorities, students, young families, and senior citizens; and WHEREAS, the purpose of this Ordinance, therefore, is to alleviate the hardship caused by this serious housing shortage by establishing a Rent Stabilization Ordinance to regulate rentals in the City of Baldwin Park so that rents will not be increased unreasonably and so that landlords will receive no more than a fair return; and WHEREAS, in order to accomplish this purpose, this Ordinance provides the City with means to ensure that rents are at a fair level; and WHEREAS, this Ordinance gives tenants an opportunity to contest improper rent increases; and WHEREAS, the City believes that one year is a reasonable amount of time in which a landlord should wait to increase rent on any covered unit in the City of Baldwin Park; and WHEREAS, the one year look back provision will allow the landlord to ascertain his or her expenses and costs in which to base a potential rent increase and without such calculations the rent increase would be arbitrary and capricious which will destabilize the rental market; and WHEREAS, through this Ordinance, the City exercises its police power in order to address the serious housing problem recognized in the City; and WHEREAS, this Ordinance is intended to ensure due process of law for landlords and tenants, effective remedies for violation of the law, and consistency with constitutional requirements; and WHEREAS, it is also intended to enable the City to provide relief to persons facing particular hardship and to protect and increase the supply of affordable housing in the city; and WHEREAS, termination or erosion of the protections of this Ordinance would have serious disruptive consequences for persons in need of protection and the supply of affordable housing in the city. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: Section 129.01 DEFINITIONS The following words or phrases as used in this Ordinance shall have the following meanings: (a) Controlled Rental Units: All residential rental units in the City of Baldwin Park built prior to January 1, 1995, except mobile homes, mobile home spaces, duplexes, trailers and trailer spaces, single family homes and those units found by the City to be exempt under one or more of the following provisions: (1) Rental units in hotels, motels, inns, tourist homes and rooming and boarding houses which are rented primarily to transient guests for a period of less than thirty (30) days. (2) Rental units in any hospital, convent, monastery, extended medical care facility, asylum, non-profit home for the aged, or dormitory owned and operated by an institution of higher education. (3) Rental units which a government unit, agency or authority owns, operates, manages, or in which governmentally subsidized tenants reside only if applicable federal or state law or administrative regulation specially exempt such units from municipal rent control. This includes “affordable housing” units and Section 8 housing. (4) Owner-occupied rental units with no more than three (3) units. For purposes of this section: (i) The term "owner" means a natural person who owns a fifty (50) percent ownership interest in the building and resides on the property as his or her principal place of residence. (ii) An exemption under this section shall expire by operation of law when the owner ceases to reside on the property as his or her principal place of residence; thereafter, all units on the property shall be subject to all provisions of this Ordinance. (5) Rental units and dwellings constructed after the adoption of this Ordinance; this exemption does not apply to units created as a result of conversion. (6) Where a unit is actually used for purposes of providing, on a non-profit basis, child care or other residential social services in accordance with applicable laws. This exemption shall expire when the use upon which exemption is based ceases. This exemption shall only apply to units as they become vacant and shall only operate to allow the specified use without the necessity of obtaining a removal permit under this Ordinance. This exemption shall not be construed to authorize the eviction of any tenant nor to authorize the charging of rent in excess of that permitted in this Ordinance. The City may adopt regulations to determine whether a unit qualifies for an exemption under this section. (7) Exemptions are not automatic but shall be granted by the City Council or its designee upon application by the owner, provided that if the City does not act upon a completed application for exemption within ninety (90) days of its filing it shall be deemed approved. (b) Housing Service: Housing services include, but are not limited to repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit. Services to a rental unit shall include a proportionate part of services provided to common facilities of the building in which the rental unit is contained. (c) Landlord: An owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any rental unit, or an agent, representative or successor of any of the foregoing. (d) Rent: All periodic payments and all nonmonetary consideration including but not limited to, the fair market value of goods or services rendered to or for the benefit of the landlord under an agreement concerning the use or occupancy of a rental unit and premises including all payment and consideration demanded or paid for parking, pets, furniture, subletting and security deposits for damages and cleaning. (e) Rental Housing Agreement: An agreement, oral, written or implied, between a landlord and tenant for use or occupancy of a rental unit and for housing services. (f) Rental Units: Any building, structure, or part thereof, or land appurtenant thereto, or any other rental property rented or offered for rent for living or dwelling house units, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by the tenant. (g) Tenant: A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any rental unit. (h) Recognized Tenant Organization: Any group of tenants residing in controlled rental units in the same building or in different buildings operated by the same management company, agent or landlord, who requests to be so designated. (i) Rent Ceiling: Rent ceiling refers to the limit on the maximum allowable rent which a landlord may charge on any controlled rental unit. (j) Base Rent Ceiling: The maximum allowable rent established in Section 129.04. (k) Property: All rental units on a parcel or lot or contiguous parcels or contiguous lots under common ownership. (l) Single Family Home: A property that has been developed with only one one-family dwelling and any lawful accessory dwelling structures. For example, if a lot has a single family home on it and a lawful accessory unit on the property, the entire property including the accessory dwelling unit would be considered a “single family home” for purposes of this Ordinance. Section 129.02 CONFORMING REGULATIONS If any portion of this Ordinance is declared invalid or unenforceable by decision of a court of competent jurisdiction or rendered invalid or unenforceable by state or federal legislation, the City Council shall have authority to enact replacement regulations consistent with the intent and purpose of the invalidated provision and applicable law. Such replacement regulations shall supersede invalidated or unenforceable provisions of this Ordinance to the extent necessary to resolve any inconsistency. The subject matter of such replacement regulations shall be limited to rent control matters as enumerated in this Ordinance. Section 129.03 STATE LAW COMPLIANCE In addition to complying with this Ordinance, Landlord must be in compliance with all California State laws regarding rent stabilization including, but not limited to, the Costa- Hawkins Rental Housing Act. If this Ordinance conflicts with State law, State law shall prevail. Section 129.04 MAXIMUM ALLOWABLE RENT INCREASES It shall be unlawful for any landlord to demand, accept or retain more than the maximum rent permitted pursuant to this Section and this Ordinance. (a) Immediate Temporary Rent Freeze: Rents shall be frozen at their current rate and shall not be increased during the one hundred-twenty (120) day period following the date of the first adoption of this Ordinance. (b) Establishment of Base Rent Ceiling: Establishment of Base Rent Ceiling: Beginning one-hundred-twenty (120) days after the adoption of this Ordinance, no landlord shall charge rent for any controlled rental units in an amount greater than the rent in effect on the date one year prior to the adoption of this Ordinance. The rent in effect on that date is the “base rent ceiling.” If there was no rent in effect on the date one year prior to the adoption of this Ordinance, the base rent ceiling shall be the rent that was charged on the first date that rent was charged subsequent to the date one year prior to the adopt of this Ordinance. For tenancies commencing on or after the adoption of this Ordinance, which qualify for a vacancy rent increase pursuant to state law, the base rent ceiling is the initial rental rate in effect on the date the tenancy commences. As used in this subsection, the term “initial rental rate” means only the amount of rent actually paid by the tenant for the initial term of the tenancy. The base rent ceiling is the reference point from which the rent ceiling may be adjusted upward, if applicable. (c) Rent Increases. Landlord may increase rent according to the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers or CPI-U. The maximum increase in rent based on the CPI-U is three percent (3%) per twelve-month period. Thus, the rent for any controlled unit shall not be increased more than three percent (3%) during any twelve-month period. An increase made pursuant to this subsection shall establish a new “base rent ceiling” for the affected unit (d) No Rental Increases Based on Fees or Services. No landlord may raise the rent of any controlled unit by more than 3% by adding fees for services that were previously included in the rental relationship. For example, if the rental relationship previously included water, utilities and parking, no landlord may increase the amount charged to a tenant by charging more that 3% above the previous rent for water, utilities or parking. If the landlord raises the rent by 3%, the landlord may not charge any new fees for services such as water, utilities or parking, if previously included in the rental relationship. To allow otherwise, would allow landlords to increase rents by more than 3% by simply calling them fees for services which would be contrary to the intent of the Rent Stabilization Ordinance. (e) Increases Based on Consumer Price Index of Less than One Percent: If the Consumer Price Index (CPI-U) is any number less than one percent (1%), then the landlord may increase rent up to one percent (1%). (f) Posting: The landlord has a duty to post at each rental unit the maximum allowable rent prior to any increase. As soon as the landlord is aware of the maximum allowable rent, the landlord shall post it for each unit in a prominent place in or about the affected controlled units. The City may require that other information it deems relevant also be posted. (g) Penalties for Failure to Post: The City shall notify a landlord of failure to post a notice in accordance with the provisions of this Ordinance. If a landlord fails to post the notice within seven days of City’s notification, the landlord shall pay a fine of $250 for each day after the seventh day that the landlord fails to post the notice. Section 129.05 PETITIONS (a) Petitions: Upon receipt of a petition by a landlord, the rent of individual controlled rental units may be adjusted upward above the maximum allowable in accordance with the procedures set forth in this section. The petition shall be on the form provided by the City and shall include a detailed declaration under penalty of perjury by the landlord that the unit meets all requirements of this Ordinance and is in compliance with all State laws on rent control. Notwithstanding any other provisions of this Ordinance, the City or hearing examiner may refuse to hold a hearing and/or grant a rent ceiling adjustment if an individual hearing has been held and decision made with regard to the maximum rent within the previous twelve months. (b) Hearing Procedure: The City shall enact rules and regulations governing hearings and appeals of individual adjustment of ceilings on allowable rents. No hearings may be held for landlord/tenant disputes. That includes but is not limited to, disputes about habitability, disputes about whether there was a payment of rent, disputes regarding whether the tenant has violated his or her lease and any other disputes that do not directly involve the provisions of this Ordinance. (c) Hearing Examiner: A hearing examiner may be the CEO or his or her designee. The hearing officer shall conduct a hearing to act upon the petition for individual adjustment of ceilings on allowable rents and shall have the power to administer oaths and affirmations. (d) Notice: The City shall notify the tenant of the receipt of such a petition and a copy thereof. (e) Time of Hearing: The hearing officer shall notify all parties, as to the time, date and place of the hearing. (f) Records: The hearing examiner may require either party to a rent adjustment hearing to provide it with any books, invoices, bills, payment records, other records and papers deemed pertinent in addition to that information contained in registration statements. The hearing examiner shall conduct a current building inspection and/or request the City to conduct a current building inspection if the hearing examiner finds good cause to believe the City's current information does not reflect the current condition of the controlled rental unit. The tenant may request the hearing examiner to order such an inspection prior to the date of the hearing. All documents required under this Section shall be made available to the parties involved prior to the hearing at the office of the City. In cases where information filed in a petition for rent ceiling adjustment or in additional submissions filed at the request of the hearing examiner is inadequate or false, no action shall be taken on said petition until the deficiency is remedied. (g) Open Hearings: All rent ceiling adjustment hearings shall be open to the public. (h) Right of Assistance: All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, recognized tenant organization representatives or any other persons designated by said parties. (i) Hearing Record: The City shall make available for inspection and copying by any person an official record which shall constitute the exclusive record for decision on the issues at the hearing. The record of the hearing, or any part of one, shall be obtainable for the cost of copying. The record of the hearing shall include: all exhibits, papers and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions; orders and/or rulings; all final decisions, orders and/or rulings, and the reasons for each final decision, order and/or ruling. Any party may have the proceeding tape recorded or otherwise transcribed at his or her own expense. (j) Quantum of Proof and Notice of Decision: No individual adjustment shall be granted unless supported by the preponderance of the evidence submitted at the hearing. All parties to a hearing shall be sent a notice of the decision and a copy of the findings of fact and law upon which said decision is based. At the same time, parties to the proceeding shall also be notified of their right to any appeal allowed by the City and/or to judicial review of the decision pursuant to this Section. (k) Consolidation: All landlord petitions pertaining to tenants in the same building will be consolidated for hearing, and all petitions filed by tenants occupying the same building shall be consolidated for hearing unless there is a showing of good cause not to consolidate such petitions. (l) Appeal: Any person aggrieved by the decision of the hearing examiner may appeal to the City Council. On appeal, the City Council shall affirm, reverse or modify the decision of the hearing examiner. The City Council may conduct a de novo hearing or may act on the basis of the record before the hearing examiner without holding a hearing. (m) Finality of Decision: The decision of the hearing examiner or his or her designee shall be the final decision of the City in the event of no appeal to the City Council. The decision of the hearing examiner or his or her designee shall not be stayed pending appeal; however, in the event that the City on appeal reverses or modifies the decision of the hearing examiner, the tenant, in the case of an upward adjustment in rent, shall be ordered to make retroactive payments to restore the parties to the position they would have occupied had the hearing examiner's decision been the same as that of the hearing examiner or his designee. (n) Time for Decision: The rules and regulations adopted by the City shall provide for final action on any individual rent adjustment petition within one-hundred and twenty (120) days, following the date of filing of the individual rent adjustment petition. (o) Hearing Examiner Hearing Required: All hearings on an individual petition for rent adjustment must first be heard by a hearing examiner. Section 129.06 FAIR AND REASONABLE RENT If the landlord is operating in a negative cash flow due to existing rents and allowable costs/expenses, then upon Petition to the City Council, the City Council may make a determination on the “fair and reasonable rent” based on a request from the landlord. The request must be made in writing, describing all facts to the negative cash flow, provide any documents to be considered by the City Council, and be on an approved form the City will provide. The allowable costs and expenses will be decided by the City Council in its sole discretion. The City Council’s decision will be final. For a petition under this section, the hearing process and procedures under Section 129.05 will apply. Section 129.07 LANDLORD COMPLIANCE No landlord shall increase rent under this Ordinance if the landlord: (a) Has failed to comply with any provisions of this Ordinance and/or regulations issued thereunder by the City, including the provisions requiring the payment of registration fees and registration penalties. (b) Has failed to comply substantially with any applicable state or local housing, health or safety law. No landlord shall increase rent unless the notice increasing rent contains a statement in substantially the following form: "The undersigned (landlord) certifies that this unit and common areas are not subject to any uncorrected citation or notices of violation of any state or local housing health, or safety laws issued by any government official or agency." If a landlord fails to comply with this subsection, the tenant may refuse to pay the improperly noticed increase, may seek administrative or civil remedies under this Ordinance, and may raise the landlord's noncompliance as an affirmative defense in any resulting unlawful detainer action. Section 129.08 JUST CAUSE EVICTION (a) The “Just Cause Eviction” provision of this section of the Ordinance will apply to all rental units in the City of Baldwin Park. No landlord shall take action to terminate any tenancy including but not limited to, making a demand for possession of a rental unit, threatening to terminate a tenancy, serving any notice to quit or other eviction notice, or bring any action to recover possession, or be granted recovery of possession of a controlled rental unit unless one of the following apply: (1) The tenant has failed to pay the rent to which the landlord is entitled under the rental housing agreement and this Ordinance. (2) The tenant has continued, after written notice to cease, to commit a material and substantial breach of an obligation or covenant of his or her tenancy which the landlord has not waived either expressly or impliedly through the landlord’s conduct and which the landlord is not estopped from asserting, other than the obligation to surrender possession upon proper notice. Notwithstanding any contrary provision in this Section, and notwithstanding any contrary provision in the rental housing agreement, a landlord shall not take any action to terminate a tenancy based on a tenant’s sublease of the unit if the following requirements are met: (i) The tenant continues to reside in the rental unit. (ii) The sublease replaces a departed tenant(s) under the rental agreement on a one-for-one basis. (iii) The landlord has unreasonably withheld the right to sublease following written request by the tenant. If the landlord fails to respond to the tenant in writing within fourteen (14) days of receipt of the tenant’s written request, the tenant’s request shall be deemed approved by the landlord. (3) The tenant has continued, after written notice to cease, to commit or expressly permit a nuisance in, or cause substantial damage to, the controlled rental unit, or to create a substantial interference with the comfort, safety, or enjoyment of the landlord or other occupants or neighbors of the same. (4) The tenant is convicted of using or expressly permitting a controlled rental unit to be used for any illegal purpose. (5) The tenant, who had a rental housing agreement which had terminated, has refused, after written request or demand by the landlord, to execute a written extension or renewal thereof for a further term of like duration and in such terms as are not inconsistent with or in violation of any provisions of this Ordinance and are materially the same as in the previous agreement. (6) The tenant has continued to refuse, after written notice, to grant the landlord reasonable access to the controlled rental unit for the purposes of making necessary repairs or improvements required by the laws of the United States, the State of California or any subdivision thereof, or for the purpose of showing the rental housing to any prospective purchaser or mortgagee. (7) The tenant holding at the end of the term of the rental housing agreement is a subtenant not approved by the landlord. (8) The landlord seeks to recover possession in good faith for use and occupancy by herself or himself, or her or his children, parents, grandparents, brother, sister, father-in-law, mother-in-law, son-in-law, or daughter-in-law. (i) A "landlord" shall be defined as a natural person who has at least a fifty (50) percent ownership interest in the property. (ii) The notice terminating tenancy shall contain the name, address and relationship to the landlord of the person intended to occupy. (iii) The landlord or enumerated relative must intend in good faith to move into the unit within thirty (30) days after the tenant vacates and to occupy the unit as a primary residence for at least one year. The City may adopt regulations governing the determination of good faith. (iv) If the landlord or relative specified on the notice terminating tenancy fails to occupy the unit within thirty (30) days after the tenant vacates, the landlord shall: A. Offer the unit to the tenant who vacated it. B. Pay to said tenant all reasonable expenses incurred in moving to and/or from the unit. (9) The landlord seeks in good faith to recover possession of the rental unit in order to comply with a governmental agency’s order to vacate, order to comply, order to abate, or any other order that necessitates the vacating of the building housing the rental unit as a result of a violation of the City of Baldwin Park Municipal Code or any other provision of law. (10) The landlord has filed the requisite documents with the City initiating the procedure for withdrawing units from rent or lease under Government Code Section 7060 et. seq. and the City’s regulations, with the intention of completing the withdrawal process and going out of the residential rental business. (b) Any written notice as described in Subsections (a) (2), (3) or (6) shall be served by the landlord a reasonable period prior to serving a notice to terminate tenancy and shall inform the tenant that a failure to cure may result in the initiation of eviction proceedings. The City may enact regulations regarding reasonable notice. (c) Notwithstanding any contrary provision in this Section or in the rental housing agreement, if the tenant’s spouse, child(ren), and/or domestic partner who has filed an Affidavit of Domestic Partnership with the City have lived in the unit for at least six (6) months at the time the tenant vacates the unit due to death or incapacitation, the landlord is prohibited from taking any action to obtain possession of the unit from the tenant’s spouse, child(ren), and/or registered domestic partner on the ground that the spouse, child(ren) and/or registered domestic partner are not authorized to occupy the unit. (d) Notwithstanding the above provisions, possession shall not be granted if it is determined that the eviction is in retaliation for the tenant reporting violations of this Ordinance, for exercising rights granted under this Ordinance, including the right to withhold rent upon authorization of the City under Section 129.21(b)(2) or for organizing other tenants. (e) In any notice purporting to terminate tenancy the landlord shall state the cause for the termination, and in any action brought to recover possession of a controlled rental unit, the landlord shall allege and prove compliance with this Section. The landlord shall file with the City a copy of any notice terminating tenancy, except a three day notice to pay rent or vacate, within 3 days after serving the notice on the tenant. (f) A landlord shall not change the terms of a tenancy to prohibit pets and then evict the tenant for keeping a pet which was kept and allowed prior to the change, unless the landlord can establish that the pet constitutes a nuisance and the nuisance has not been abated upon proper notice to the tenant. (g) Failure to comply with any requirement of this Section may be asserted as an affirmative defense in an action brought by the landlord to recover possession of the unit. Additionally, any attempt to recover possession of a unit in violation of this Ordinance shall render the landlord liable to the tenant for actual and punitive damages, including damages for emotional distress, in a civil action for wrongful eviction. The tenant or the City may seek injunctive relief and money damages for wrongful eviction. The prevailing party in an action for wrongful eviction shall recover costs and reasonable attorney’s fees. Section 129.09 REMOVAL OF CONTROLLED UNIT FROM RENTAL HOUSING MARKET (a) Any landlord who desires to remove a controlled rental unit from the rental housing market by demolition, conversion or other means is required to obtain a permit from the City prior to such removal from the rental housing market in accordance with rules and regulations promulgated by the City and provide reasonable relocation expenses to the affected tenant. Reasonable relocation expenses shall be decided by the CEO or his or her designee in their sole discretion subject to appeal to the City Council. In order to approve such a permit, the City is required to find that the landlord cannot make a fair return by retaining the controlled rental unit. (b) Notwithstanding the foregoing provisions of this subsection, the City may approve such a permit: (i) If the City finds that the controlled rental unit is uninhabitable and is incapable of being made habitable in an economically feasible manner, or (ii) If the permit is being sought so that the property may be developed with multifamily dwelling units and the permit applicant agrees as a condition of approval, that the units will not be exempt from the provisions of this Ordinance and that at least fifteen (15) percent of the controlled rental units to be built on the site will be at rents affordable by persons of low income. (c) The Housing Element of the General Plan of the City of Baldwin Park shall at all times contain a provision that neither the City Council nor any City agency shall approve an application for tentative subdivision map or tentative parcel map for a converted unit until and unless the applicant first obtains a removal permit as required by this Section. This subsection shall not apply to any tentative subdivision map or tentative parcel map approved in accordance with this Ordinance relating to tenant ownership rights. (d) The City shall render its final decision within one hundred and twenty (120) days of the filing of a completed application under this section. Section 129.10 FOR RENT OR LEASE AFTER WITHDRAWAL If a landlord desires to offer for rent or lease a rental unit which was the subject of a Notice of Intent to Withdraw pursuant to this Ordinance, the following regulations apply: (a) If a rental unit that was removed from rental housing use pursuant to this Ordinance is offered for rent or lease during either: (1) the five-year period after the Notice of Intent to Withdraw the accommodations is filed with the City pursuant, whether or not the Notice of Intent is rescinded or the withdrawal of the accommodations is completed pursuant to the Notice of Intent; or (2) the five-year period after the accommodations are withdrawn; then the accommodations shall be offered and rented or leased at the lawful rent in effect at the time any Notice of Intent to Withdraw the accommodations was filed with the City, plus annual adjustments available under this Ordinance. (b) Subsection A. of this section shall prevail over any conflicting provision of law authorizing the landlord to establish the rental rate upon the initial hiring of the rental unit. Section 129.11 TENANT PROTECTION, RELOCATION AND MOVING EXPENSE ALLOWANCE FOR TENANTS IN GOOD STANDING (a) This section shall only apply to “no fault” evictions. In other words, if the tenant has not met its obligations under the lease or was “at fault” for the eviction, no relocation assistance will be required. As to “no fault” evictions, for all tenants in good standing living in households at or below 140% of the median income, by household size, landlord shall pay a relocation allowance equal to two and one- half (2½) months fair market rents as established by the U.S. Department of Housing and Urban Development ("HUD") for a rental unit of a similar size. In addition to the relocation allowance, landlord shall also pay a moving expense allowance in the amount of $1,306.00 for adult households or $3,935.00 for households with dependents, disabled, or senior members. The amounts listed are adjusted for FY 2019 and will continue to be adjusted as provided in paragraph C below. (b) For all tenants in good standing, who meet the income eligibility requirements of paragraph A above, and who have maintained continuous tenancy for a period of 10 years or more shall be entitled to enhanced relocation allowance and moving expenses. The total amount of relocation allowance to be paid by the landlord to the tenant is based on the length of the tenancy. For each year after the 10th anniversary, the amount of the base relocation allowance shall be increased by 10%, and shall increase each year thereafter until reaching the maximum of 200% of the base relocation allowance on the 20th anniversary of the tenancy. (c) The relocation allowance and moving expense allowance provided for in this section shall be automatically increased every year in accordance with changes in the HUD fair market rents. The moving expense allowance provided in this section shall be adjusted annually in accordance with the Consumer Price Index (for Los Angeles-Long Beach). (d) The relocation allowance provided for in this section shall be triggered if any of the following circumstances occur: (1) Demolition. A landlord or property owner seeks to recover possession of the unit for purpose of demolition. (2) Permanent Removal of Unit from the Rental Market. The landlord seeks to remove the rental unit permanently from the rental housing market. (3) Occupancy by Landlord or Landlord's Family Member. The landlord seeks to vacate the rental unit for the sole purpose of making the unit available for occupancy by the landlord or a family member of the landlord. In this circumstance, the amount of relocation and moving expense allowance which landlord is obligated to pay to the tenant shall be equal to one-half of the relocation allowance and moving expense allowance provided for in this chapter. (4) Government Order to Vacate. The landlord seeks to recover possession of the rental unit in order to comply with a governmental agency's order to vacate, order to comply, order to abate, or any other order that necessitates vacating the rental unit as a result of a significant or extended violation of housing, health, building or safety laws of the state of California or the City of Baldwin Park which would result in a constructive eviction. (5) Change in Ownership. There is a change in ownership of the rental unit and, at any time within 18 months of the change in ownership, the landlord notifies the tenant that at some specific date after the change in ownership, the tenant's tenancy is being terminated, the tenant is being evicted, and/or there is going to be a large rent increase. For purposes of this chapter, a “large rent increase” means any rent increase exceeding the Cost of Living Increase (“CPI”) plus five percent (5%) within the 12-month period prior to the notice of the rent increase. (6) Non-Exclusive Remedy. Nothing in this chapter limits the rights of the city or tenant to recover from the landlord any relocation allowance or moving expense allowance or placement assistance or any other assistance provided to assist eligible renters and/or other city costs incurred for the correction/abatement of distressed properties which the city is legally entitled to recover. (e) Landlord's non-renewal and/or termination of tenancy under any of the circumstances described in subsection (d) above, shall not exempt landlord from the obligation to pay relocation allowance and moving expense allowance as provided for in this chapter to any displaced tenant in good standing. (f) Upon request of landlord, city, or city consultant, tenant shall provide the following documentation to determine eligibility for relocation allowance and moving expense allowance: (1) A signed certification of household members and household income on a form acceptable to the City; (2) Documentation of income (e.g., paystubs, public benefits statements, employer verification); (3) Any other documentation as may be reasonably requested by landlord, city, or city consultant. Section 129.12 PASSTHROUGH OF SURCHARGE FOR IMPROVEMENT OF COMMON AREAS Any landlord that expends money to improve common areas may pass through fifty percent (50%) of the expenses in the form of rent increases over a five-year period based on the pro rata share of the total units. Any pass-through must be approved by the City based on a written petition from the landlord. The landlord must provide a factual basis in writing to the City describing all facts of the passthrough, any documents to be considered by the City, and any receipts to be considered by the City. The passthrough, if approved, will run with the units for five years. Thus, even if a renter moves out, the new renter can be charged the same passthrough over the same five-year period as the previous renter. The passthrough will run with the unit for the entire five years regardless of who the renter is at the time. For a petition under this section, the hearing process and procedures under Section 129.05 will apply. Section 129.13 PASSTHROUGH OF SURCHARGE FOR CAPITAL IMPROVEMENTS Any landlord that expends money for capital improvements may pass through fifty percent (50%) of the expense to tenants over a five year period based on the pro rata share of the total units. Any pass-through must be approved by the City based on a written request from the landlord. Landlord must provide factual basis in writing to the City. Section 129.14 (THIS SECTION IS INTENTIONALLY LEFT BLANK) Section 129.15 JUST CAUSE EXCEPTION By petition to the City Council, any landlord may seek a rent increase above three percent (3%) based on providing “just cause” for the increase. The CEO or his or her designee will decide any “just cause” exception. Any “just cause” exception must be approved by the CEO or his or her designee based on a written request from the landlord. The landlord must provide a factual basis in writing to the City Council describing all facts of the “just cause” increase and any documents to be considered. The landlord may appeal the decision of the CEO or his or her designee to the City Council. The City Council’s decision will be final. For a petition under this section, the hearing process and procedures under Section 129.05 will apply. Section 129.16 REGISTRATION FEE For any controlled rental unit for which a landlord accepts or demands rent on or after the effective date of this Ordinance, there shall be a registration or registration renewal fee of $28.00 Dollars per unit. Registration fee and/or renewal fee shall be set to cover costs associated with this Ordinance including, but not limited to, mail costs, administration fees, processing fees and other related administration costs. Section 129.17 PENALTIES FOR LATE REGISTRATION AND FOR FAILURE TO POST NOTICE THAT PROPERTY IS SUBJECT TO THE RENT STABILIZATION ORDINANCE Any landlord who fails to pay the fee for registration or registration renewal in accordance with the provisions of this Ordinance shall be deemed delinquent. The landlord shall pay a penalty equal to one hundred and fifty percent of the fee per subject rental unit for any delinquency incurred after the effective date of this amendment. If the CEO or his designee determines that good cause exists for a landlord's failure to timely pay the registration fee in accordance with the provisions of this Ordinance, or failure to post a notice in accordance with the Ordinance, the CEO or his designee may waive the penalties or fines required by this Section. The CEO or his designee may promulgate such rules and regulations as may be necessary to carry out the provisions of this Section. Section 129.18 AFFORDABLE HOUSING UNITS This Ordinance does not apply to affordable housing units in the City of Baldwin Park. Section 129.19 NON-WAIVERABILITY Any provision, whether oral or written in or pertaining to a rental housing agreement, whereby any provision of this Ordinance is waived, for the benefit of the tenant, shall be deemed to be against public policy and shall be void. Section 129.20 JUDICIAL REVIEW A landlord or tenant aggrieved by any action or decision of the City may seek judicial review by appealing to the appropriate court within the jurisdiction. Section 129.21 REMEDIES (a) Any landlord who demands, accepts, receives, or retains any payment of rent in excess of the maximum lawful rent, in violation of the provisions of this Ordinance or any rule, regulation or order hereunder promulgated, including the provisions ensuring compliance with habitability standards and registration fee requirements, shall be liable in a civil action to the tenant from whom such payments are demanded, accepted, received or retained, for reasonable attorney's fees and costs as determined by the court, plus damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent. A civil penalty of treble the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent shall be awarded against the landlord upon a showing that the landlord has acted willfully or with oppression, fraud or malice. No administrative remedy need be exhausted prior to filing suit pursuant to this subsection. Any person who willfully or knowingly with the intent to deceive, makes a false statement or representation, or knowingly fails to disclose a material fact, in a notice or declaration required in this Ordinance, or in any declaration, application, hearing or appeal permitted under this Ordinance, including any oral or written evidence presented in support thereof, shall be guilty of a misdemeanor. Any person convicted of a misdemeanor under the provisions of this Ordinance shall be punished by a fine of not more than $1,000.00 or by imprisonment in the County Jail for a period of not more than six months or both. Each violation of any provision of this Ordinance and each day during which such violation is committed, or continues, shall constitute a separate offense. (b) In lieu of filing a civil action, a tenant may file an administrative complaint. The City shall establish by rule and regulation a hearing procedure similar to that set forth in Section 129.05. (1) The rules and regulations adopted by the City shall provide for final City action on any complaint for excess rent within one-hundred and eighty (180) days following the date of filing of the complaint. (2) In any administrative hearing under this Section, a landlord who demands, accepts, receives or retains any payment of rent in excess of the maximum lawful rent shall be liable for damages in the amount by which the payment or payments demanded, accepted, received or retained exceeds the maximum lawful rent and may be liable for an additional amount not to exceed three thousand dollars ($3,000.00), for costs, expenses incurred in pursuing the hearing remedy, damages and penalties. The tenant shall bear the burden of proving entitlement to the penalty. The tenant may deduct the penalty and award of damages from future rent payments in the manner provided by the City. An order authorizing rent withholding under this Ordinance shall survive the sale or other transfer of the property and shall be binding upon successors of the landlord against whom the order was made. If a tenant authorized to withhold rent under this Ordinance vacates the property, the landlord shall pay to such tenant a sum equal to the balance of the rent that the tenant could have withheld. (c) If the tenant from whom such excessive payment is demanded, accepted, received, or retained in violation of the foregoing provisions of this Ordinance or any rule of regulation or order hereunder promulgated fails to bring a civil or administrative action as provided for in this Ordinance within one hundred eighty (180) days from the date of the occurrence of the violation, the City may settle the claim arising out of the violation or bring such action. Thereafter, the tenant on whose behalf the City acted is barred from also bringing an action against the landlord in regard to the same violation for which the City has made a settlement or brought action. In the event the City settles said claim, it shall be entitled to retain the costs it incurred in settlement thereof, and the tenant against whom the violation has been committed shall be entitled to the remainder. (d) The appropriate court in the jurisdiction in which the controlled rental unit affected is located shall have jurisdiction over all actions brought under this Section. Section 129.22 CRIMINAL REMEDIES Any landlord found to be in willful or continuous violation of this Ordinance shall be guilty of a misdemeanor. Any landlord convicted of a misdemeanor under the provisions of this Ordinance shall be punished by a fine of not more than $500 (Five Hundred Dollars) to $1000 (One Thousand Dollars), or by imprisonment in the county jail for a period not exceeding six months, or by both such fine and imprisonment. Section 129.23 INJUNCTIVE AND OTHER CIVIL RELIEF The City, and tenants and landlords of controlled units, may seek relief from the appropriate court within the jurisdiction within which the affected controlled rental unit is located to enforce any provision of this Ordinance or its implementing regulations or to restrain or enjoin any violation of this Ordinance and of the rules, regulations, orders and decisions of the City. Section 129.24 PARTIAL INVALIDITY If any provision of this Ordinance or application thereof to any person or circumstances is held invalid, this invalidity shall not affect other provisions or applications of this Ordinance which can be given effect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. This Ordinance shall be liberally construed to achieve the purposes of this Ordinance and to preserve its validity. Section 129.25 EXISTING CITY PRACTICES To the extent that the amendments to this Ordinance adopted at the same time as this Section incorporate rules, regulations, and practices of the City existing on the date of the adoption hereof, this amendment is declarative of existing law and does not impose any new requirements or limit any existing ones. Section 129.26 SINGLE FAMILY HOMES Single family homes, mobile homes, mobile home spaces, duplexes, trailers, and trailer spaces are automatically exempt from the provisions of this Ordinance. For the purposes of this section, the phrase “single family home” shall be defined by its normal use and common construction. Section 129.27 STATE OWNED PROPERTY This Ordinance shall not apply to any property which is part of the State Park System or sovereign tidelands and owned by the State of California. Section 129.28 SEVERABILITY If any provision of this Ordinance is found to be unconstitutional or otherwise invalid by any court of competent jurisdiction, that invalidity shall not affect the remaining provisions of this Ordinance, which can be implemented without the invalid provisions, and to that end, the provisions of this Ordinance are declared to be severable. First read at a regular meeting of the City Council of the City of Baldwin Park held on the 3rd day of November, 2021, and adopted and ordered published at a regular meeting of said Council on the 17th day of November, 2021. PASSED, APPROVED, AND ADOPTED this 3rd day of November, 2021. _____________________________ Emmanuel Estrada MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, MARLEN GARCIA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on November 3, 2021. Thereafter, said Ordinance No. 1447 was duly approved and adopted at a regular meeting of the City Council on November 17, 2021 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: __________________________________ MARLEN GARCIA CITY CLERK