Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
04.05.23 Staff Report Amended
i Agenda April 05, 2023, Mayor Emmanuel J. Estrada Mayor Pro Tem Monica Garcia Councilmember Alejandra Avila Councilmember Jean M. Ayala Councilmember Daniel Damian Welcome to your City Council Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please Note: Electronic devices are to be turned off while meetings are in session. The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online f Audio streaming will be available at Most City Council meetings take https://www.youtube.com/channel/UCFLZO dDFRw59rhiDZ13Fglf atured?view as=subscriber place at City Hall, 14403 E. Pacific http✓/baldwinpark.granicus.com/ViewPublisher.phpMew id=10 Ave., Baldwin Park, CA 91706 Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-4011. 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. Speaker cards are available at the podium and by request with the City Clerk. There is a three -minute speaking time limit. 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] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentskbaldwinpark.com. CALL TO ORDER ROLL CALL PUBLIC COMMUNICATIONS OPEN SESSION/STUDY SESSION Presentation — Crime Statistics, presented by Chief of Police Robert A. Lopez, Community Service Officer Lili Rubio, and Records Supervisor Joan Garca. Presentation — Habitat for Humanity Expansion Plan, presented by Ron Garcia, Director of Community Development, Grant Power, Bryan Wong, Executive Director, and Grant Power, Director of Real Estate Development RECESS CLOSED SESSION 2 Liability Claim pursuant to California Government Code Section 54956.95 Claimant: K8 Investor Holdings Date of Claim: October 19, 2022 Agency: City of Baldwin Park (Claim available online and at the City Clerk's Office) Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9 Case: Rukli, Inc v. City of Baldwin Park Case No. 22STCV28634 Case: DJCBP Corporation dba Tier One Case No. 2:23-cv-00384 Consulting and David Ju Conference With Real Property Negotiator Pursuant to California Government Code, Section 54956.8 Property Address: 4021 Maine Ave., Baldwin Park, CA 91706 Agency Negotiator: Enrique C. Zaldivar, Chief Executive Officer Negotiating Parties: David Bazulto Under Negotiation: Price and Terms for Acquisition of Right of Entry & Public Easements Property Address: 14318 Ramona Blvd., Baldwin Park CA 91.706 Agency Negotiator: Enrique C. Zaldivar, Chief Executive Officer Negotiating Parties: Raul Martinez, Jr. (RM Investments) dba: King Taco Under Negotiation: Price and Terms for Acquisition of Right of Entry & Public Easements ADJOURNMENT CERTIFICATION 1, Christopher Saenz, 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 30' day of March 2023. Christopher Saenz 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 kromanL&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) 960-401.1. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.1.02.1.04 ADA TITLE II) E CITY OF BALDWIN PARK BALDWIN CLAIM FOR DAMAGES P -A R - K TO PERSON OR PROPERTY INSTRUCTIONS 1. READ CLAIM THOROUGHLY. 2. FILL OUT CLAIM IN ITS ENTIRETY BY COMPLETING EACH SECTION. PROVIDE FULL DETAILS. 3. THIS FORM MUST BE SIGNED. 4. DELiVER OR MAIL TO: OFFICE OF THE CITY CLERK, 14403 E. PACIFIC-AVE., BALDWIN PARK, CA 91706 WARNING • CLAIMS FOR DEATH, INJURY TO PERSON OR TO PERSONAL PROPERTY MUSTS. FILED NOT LATER THAN 6 MONTHS AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) • ALL OTHER CLAIMS FOR DAMAGES MUST BE FILED NOT LATER THAN ONE YEAR AFTER THE OCCURRENCE. (GOVERNMENT CODE SECTION 911.2) OF THE CITY CLERK OCT 2 0 2022 Clerk's Official REOMM To: City Of Baldwin Park 4. Claimants Date of Birth (if a minor) NIA 1. Name of Claimant$ Investor Holdings; LLC 5. CIA ant's Occupation 2. Home Address of Claimant 6. Home Telephone Number NIA NIA 3. Business Address of Claimant 15023 Ramona Blvd., Baldwin Park, CA 7. Business Telephone Number (626) 277-5330 8. Name and address to which you desire notices or communications to be sent regarding this claim: David G. Torres-Siegrist, Esq. Law Offices of Torres+Siegrist , 225 S. Lake Ave., Suite 300, Pasadena, CA 91101 9. When did DAMAGE or INJURY occur? 10. Names of any City employees involved in INJURY or DAMAGE: See Attachment Date: Ongoing Time: Name Department If claim is for Equitable Indemnity, give date claimant Julia Sylva, Esq. City Attorneys Office served with complaint: Robert Tafoya , Esq. City Attorney's Office 11. Where did DAMAGE or INJURY occur? 15023 Ramona Blvd., Baldwin Park, CA (See Attachment) 12. Describe in detail how the DAMAGE or INJURY occurred. See Attachment 13. Were police or paramedics called? Yes ❑ No ❑ 14. If physician was visited due to injury, include date of first visit and physician's If es, was a report filed? Yes ❑ No ❑ Y p name, address and phone number: NIA If yes, what is the Report No? NIA 14. Why do you claim the City of Baldwin Park is responsible? (Please be specific — Use additional sheet if necessary) See Attachment 15. List damages incurred to date? See Attachment 16. Total amount of claim to date: $ In excess of 25k. Basis for Computation: according to proof at trial Limited Civil Case: ❑ Yes ❑x No (State the amount of your claim if the total amount is $10,000 or less. if it is over $10,000 no dollar amount shall be stated, but you are required to state whether the claim would be a limited civil case (total amount of claim does not exceed $25,000).) 17. Total amount of prospective damages: $In excess of 25k Basis for Computation: 18. Witnesses to DAMAGE or INJURY: List all persons and addresses of persons known to have information: See Attachment Name Address Phone Name Address Phone 19. Signature of Claimant or person filing on claimant's behalf; relationship to claimant and date: 1 hereby certify (or declare) under penalty of perjury under the laws of the state of California that the foregoing is true and correct to the best of my knowledge. —` Attorney David G. Torres-Siegrist, Esq. 10-19-22 Si nature Relationship to Claimant Printed Name Date Note: Presentation of a false claim is a felony (Penal Code Section 72) CC Form 1 (Rev 7106) F:11lSERLJSTICiryeOar&�Atlm'rniseraconipsorndwrr:& F"asms4Giairn 4or gave,ages from CC9 rimy 7.G6.doe r t r Agenda a April 11 00 PM Mayor Emmanuel J. Estrada Mayor Pro Tem Monica Garcia Councilmember Alejandra Avila Councilmember Jean M. Ayala Councilmember Daniel Damian Welcome to your City Council Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the City Council and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please Note: Electronic devices are to be turned off while meetings are in session. The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channellUCFLZO dDFRiy59rhiDZ93Fa/featured?view as=subscriber place at City Hall, 14403 E. Pacific http://baldwinpark.pranicus.com/ViewPublisher.p?view id=10 Ave., Baldwin Park, CA 91706 Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-4011. r ` 1 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. Speaker cards are available at the podium and by request with the City Cleric. Public Communication There is a three -minute speaking time limit. 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] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to eommentsgbaldwinpark.com. Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA. 110mam-4 0 us]►1 PLEDGE OF ALLEGIANCE /_ ejeco1/L[a1 DIU I pl ally City Council Members are also members of the Board of Directors of the Housing Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting. PROCLAMATION, COMMENDATION & PRESENTATION Presentation — Baldwin Park Unified School District (BPUSD) presents the Students who were selected to attend a Field Trip to the California State Capital in Sacramento through the City of Baldwin Park's Financial Assistance Program, presented by Dr. Angela A. Salazar, Assistant Superintendent of Student Achievement. Presentation - Certificates presented to the Baldwin Park Unified School District Students that participated in the 2023 City of Baldwin Park's Sponsored Field Trip to the California State Capital in Sacramento. Presentation — South Coast Air Quality Management District presents City of Baldwin Park's Air Quality Update presented by Governing Board Vice -Chair Michael Cacciotti. Proclamation — Arbor Day Proclamation & Earth Day Proclamation, presented to Recreation & Community Services Commission. Proclamation — Donate Life Month, presented to Jolene Vargas, One Legacy Ambassador. PUBLIC COMMUNICATIONS 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. l . City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Meeting Minutes It is recommended that the City Council approve the following meeting minutes: Meeting Minutes of the Special City Council Meeting held on December 7, 2022; and Meeting Minutes of the Special City Council, Finance Authority, Housing Authority, and Regular City Council Meeting held on December 21, 2023; and Meeting Minutes of the Special City Council, Finance Authority, Housing Authority, and Regular City Council Meeting held on January 18, 2023; and Meeting Minutes of the Special City Council and Regular City Council Meeting held on February 1, 2023; and Meeting Minutes of the Special City Council, Finance Authority, Housing Authority, and Regular City Council Meeting held on February 15, 2023; and Meeting Minutes of the Finance Authority, Housing Authority, and Regular City Council Meeting held on March 15, 2023. 3. Submitted Reimbursement for the Los Angeles County Measure H Fund Grants It is recommended that the City Council receive and file this report. 4. Second Reading of Ordinance No. 1501 Updating the City of Baldwin Park Commercial Cannabis Regulations It is recommended that the City Council adopt and approve the attached Ordinance No. 1501 updating the City of Baldwin Park Commercial Cannabis Regulations: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, RENUMBERING CHAPTER 128 OF THE BALDWIN PARK MUNICIPAL CODE, AMENDING CHAPTER 127 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS PRODUCTION, AND CODIFYING MEASURE CB (`BALDWIN PARK MARIJUANA RETAIL SALES REGULATION AND TAXATION MEASURE")" 5. Accept and Authorize the Filing of a Notice of Completion for CIP 20-89 — "Community Fabric" Art in Public Space Project It is recommended that the City Council: Accept the design, fabrication, and installation of the public art piece, by Merge Conceptual Design, LLC, and authorize the recordation of a Notice of Completion for City Project CIP 20-89; and Authorize the final payment in the amount of $ 24,654.40 to close-out the project. 6. Consider and Approve Relinquishment Agreement and Adopt Resolution No. 2023-013, "A Resolution of the City Council of the City of Baldwin Park Approving Relinquishment of State Highway Roads and Collateral Facilities Fronting Interstate 10 Within the Territorial Boundaries of the City of Baldwin Park." It is Staff s recommendation that the City Council: Approve a Relinquishment Agreement with the State of California Department of Transportation (Caltrans) for the relinquishment of state highway roads and facilities and authorize the Mayor to execute the agreement. Adopt Resolution No. 2023- 013 entitled, "A Resolution of the City Council of the City of Baldwin Park Approving Relinquishment of State Highway Roads and Collateral Facilities Fronting Interstate 10 Within the Territorial Boundaries of the City of Baldwin Park." 7. Approve Renewal of a Memorandum of Agreement (MOA) with the County of Los Angeles Regarding the Administration and Cost Sharing for Implementing the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Watershed It is recommended that the City Council Authorize the Chief Executive Officer to execute a Memorandum of Agreement (MOA) with the County of Los Angeles for the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Enhanced Watershed Management Program (EWMP). 8. Authorize Additional Work and Approve a Contract Change Order for Stance Construction Company to Install Sewer House Connections and Abandon Septic Tanks as Part of the Work for the Calino Avenue Improvements Project It is recommended that the City Council: Authorize the additional work and approve the proposal from Stance Construction Company in the amount of $92,950.00 to connect 1.2 homes to new sewer infrastructure including lateral connections, septic tank abandonments, clean -out and appurtenant work; and, Authorize the Director of Public Works to execute a contract change order for the additional work; and, Authorize the Director of Finance to appropriate $92,950.00 from Fund No. 275 and to make the necessary budget adjustments. 9. Approval of Southern California Gas Company (SoCalGas) Collectible Work Authorization for the Abandonment of Gas Mains at the Susan Rubio Zocalo Park and Civic Plaza It is recommended that the City Council: Approve the CWA for SoCalGas in the amount of $87,229.56 for the abandonment of gas infrastructure; and Authorize the Director of Public Works to execute the CWA agreement and to process the necessary documents and payment request from the approved construction budget contingency; and, Authorize the Director of Finance to appropriate the funding and make the necessary budget adjustments. 10. Amendment to the Consultant Services Agreement between the City of Baldwin Park, and Lorraine Mendez and Associates, Inc. For HUD reporting and consulting services It is recommended that the City Council authorize the Chief Executive Officer and the City Attorney to prepare and execute a second amendment to the Consultant Services Agreement between the City of Baldwin Park and Lorraine Mendez and Associates, Inc., and authorize the Director of Finance to appropriate the funds and budget amendments accordingly. 11. Amendment to Grant Agreement to provide additional funding in the amount $25,000 to Assist Veterans and their Families with Home Rehabilitation in Partnership with Oath to Country Foundation (OTCF). It is recommended that the City Council receive and file the report. 12. Housing Element Progress Report 2022 It is recommended that the City Council receive and file the report. 13. POTENTIAL PARTNERSHIP WITH CHIRLA (Coalition of Humane Immigrant Rights of Los Angeles) For Administrative and Legal Assistance for Tenants and Landlords in the City of Baldwin Park It is recommended that the City Council 1. Receive and file this Staff Report in as much as it is for information only. PUBLIC HEARING REPORTS OF OFFICERS 14. Adoption of Resolution No. 2023-006 for City Council Appointments of Official Representatives and Alternates to Various Agencies/Organizations. It is recommended that the City Council nominate and appoint by a roll -call vote the official designated representatives and alternates and adopt Resolution No. 2023-006, the names of selected delegates will be added to the Resolution in a final format with the certified votes and appropriate signatures. 15. Consider Approval of Professional Service Agreement with EcoTech Services, Inc. and The Home Depot, Inc. for the High Efficiency Toilet & Shower Head Replacement Program. It is Staff's recommendation that the City Council: Approve a Professional Services Proposal from EcoTech Services, Inc. of Azusa, CA, in the not- to -exceed amount of $450,000 for the High Efficiency Toilet & Shower Head Replacement Program and authorize the Mayor and City Clerk to execute the agreement; and, Approve a materials procurement quote from The Home Depot, Inc. of Baldwin Park, CA, in the not -to -exceed amount of $150,000 for the High Efficiency Toilet & Shower Head Replacement Program and authorize the CEO and staff to negotiate a procurement agreement that fits the project budget to be executed by the Mayor and City Clerk; and, Authorize the Director of Finance to appropriate $600,000 from AR -PA Funds to Account # 275-50-755- 58100-55026 and to make the necessary budget adjustments. 16. Fiscal Year 2022-23 Mid -Year Budget Presentation It is recommended that the City Council: 1. Review the mid -year analysis and approve the mid -year revenue and expenditure projections for the fiscal year ending June 30, 2023, and 2. Authorize the Director of Finance to complete all necessary budget amendments and appropriations. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION CERTIFICATION I, Christopher Saenz, 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 301h day of March 2023. Christopher Saenz 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 kromangbaldwinpark.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) TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: April 5,2023 �Zv SUBJECT: City of Baldwin Park's Warrants and Demands u I i M- A 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 $560,850.63 and the attached General Warrants Register was $3,438,611.92 for a total amount of $3,999,462.55. BACKGROUND The attached Claims and Demands report format meet 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 201833 to 201852. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 38592 to 38866 for the period February 19, 2023 through March 4, 2023 inclusive; these are presented and hereby ratified in the amount of $560,850.63. 2. General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $687,911.48 and checks from 240219 to 240500 in the amount of $2,750,700.44 for the period of March 1, 2023 to March 27, 2023, inclusive; in the total amount of $3,438,611.92 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 ATTACHMENTS 1. Check Register Page 1 / 1 . L Payment Number 1001 1001 1001 1001 1001 1001 1002 1002 1002 1002 1003 1003 1004 1005 240219 240219 240219 240219 240220 240220 240221 240221 240221 240221 240221 240221 240222 240222 240223 240223 240223 240223 240224 240224 240225 240225 240225 240225 240226 240226 240226 240226 240226 240227 240227 240227 240227 240227 240228 240228 City of Baldwin Park, CA Check Register By (None) Payment Dates 3/i/2023 - 3/27/2023 Payment Date Vendor Name Description (Item) Account Number Amount 03/01/2023 KINGDOM CAUSES, INC. OPERATING SERVICES FOR SERENITY HOMES AUG.2022 270-60-610-53370-66023 $ 9,741,03 03/01/2023 KINGDOM CAUSES, INC. OPERATING SERVICES FOR SERENITY HOMES SEP.2022 270-60-610-53370-66023 $ 32,229.91 03/01/2023 KINGDOM CAUSES, INC. OPERATING SERVICES FOR SERENITY HOMES OCT.2022 270-60-610-53370-66023 $ 67,453.28 03/01/2023 KINGDOM CAUSES, INC. OPERATING SERVICES FOR SERENITY HOMES NOV.2022 270-60-610-53370-66023 $ 69,501.14 03/01/2023 KINGDOM CAUSES, INC. OPERATING SERVICES FOR SERENITY HOMES DEC.2022 270-60-610-53370-66023 $ 62,414.86 03/01/2023 KINGDOM CAUSES, INC. OPERATING SERVICES FOR SERENITY HOMES JAN. 2023 270-60-610-53370-66023 $ 77,166.39 03/16/2023 VORTEX USA INC. CHEMICAL CONTROLLER 100-60-620-53100-00000 $ 1,712,38 03/16/2023 VORTEX USA INC. CHEMICAL CONTROLLER 252-60-620-53100-00000 $ 1,712,38 03/16/2023 VORTEX USA INC. MORGAN PARK SPLASHPAD 100-60-620-53100-00000 $ 1,928.20 03/16/2023 VORTEX USA INC. MORGAN PARK SPLASHPAD 252-60-620-53100-00000 $ 1,928,21 03/21/2023 CALIFORNIA NEWSPAPERS PARTNERSHIP ADVERTISING NOTICE INVITING BIDS CIP22-040 NOV.22 275-50-752-58100-55021 $ 2,000.73 03/21/2023 CALIFORNIA NEWSPAPERS PARTNERSHIP ADVERTISING NOTICE INVITING BIDS CIP19-132 DEC.22 240-50-510-53330-55025 $ 2,032.70 03/24/2023 B DIAMOND INFRA LLC POSSESSORY TAX REIMBURSEMENT 100-25-299-53406-19000 $ 36,210.48 03/24/2023 VORTEX USA INC. PYMT FOR PERISTALTIC PUMP TUBE ASSY 252-60-620-53100-00000 $ 431.65 03/02/2023 AFLAC AFLAC 100-00-000-21216-00000 $ 786.15 03/02/2023 AFLAC AFLAC 100-00-000-21216-00000 $ 151.88 03/02/2023 AFLAC AFLAC 100-00-000-21216-00000 $ 786.05 03/02/2023 AFLAC AFLAC 100-00-000-21216-00000 $ 151.88 03/02/2023 ALLSTATE WORKPLACE DIVISION CANCERINSURANCE 100-00-000-21221-00000 $ 100.13 03/02/2023 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-2122 1 -00000 $ 100.14 03/02/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 31.12 03/02/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 74.76 03/02/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 1,326.00 03/02/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 3,568.08 03/02/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 1,326.00 03/02/2023 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 3,568.10 03/02/2023 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 $ 20.00 03/02/2023 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 $ 20.00 03/02/2023 BALDWIN PARK POLICE ASSOC POLICE SWORN DUES 100-00-000-21219-00000 $ 3,267.22 03/02/2023 BALDWIN PARK POLICE ASSOC POLICE NON -SWORN DUES 100-00-000-21219-00000 $ 1,052.28 03/02/2023 BALDWIN PARK POLICE ASSOC POLICE SWORN DUES 100-00-000-21219-00000 $ 3,267.22 03/02/2023 BALDWIN PARK POLICE ASSOC POLICE NON -SWORN DUES 100-00-000-21219-00000 $ 1,052.28 03/02/2023 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 $ 783.00 03/02/2023 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 $ 621.00 03/02/2023 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 $ 36.00 03/02/2023 CITY EMPLOYEES ASSOCIATES DUES CONFIDENTIAL/CEA 100-00-000-21227-00000 $ 36.00 03/02/2023 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 $ 36.00 03/02/2023 CITY EMPLOYEES ASSOCIATES DUES CONFIDENTIAL/CEA 100-00-000-21227-00000 $ 36.00 03/02/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 14.74 03/02/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 215.28 03/02/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 $ 79.62 03/02/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 294.80 03/02/2023 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 $ 79.62 03/02/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 189.83 03/02/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 3,626.72 03/02/2023 MUNICIPAL DENTAL POOL DENTAL. PPO - MUNICIPAI. SERVICES AUTHORITY 100-00-000-21253-00000 $ 459.90 03/02/2023 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 4,153.02 03/02/2023 MUNICIPAL DENTAL POOI, DENTAL. PPO - MUNICIPAI. SERVICES AUTHORITY 100-00-000-21253-00000 $ 459.90 03/02/2023 P.T.E.A. PTEA DUES 100-00-000-21220-00000 $ 285.00 03/02/2023 P.T.E.A. CLERICAL DUES 100-00-000-21224-00000 $ 85.50 Page 1 of 14 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 240228 03/02/2023 P.T.E.A. PTEA DUES 100-00-000-21220-00000 $ 275.50 240228 03/02/2023 P.T.E.A. CLERICAL DUES 100-00-000-21224-00000 $ 85.50 240229 03/02/2023 PRE -PAID LEGAL SERVICES, INC. PRE -PAID LEGAL SERVICES 100-00-000-21230-00000 $ 121.06 240229 03/02/2023 PRE -PAID LEGAL SERVICES, INC. PRE -PAID LEGAL SERVICES 100-00-000-21230-00000 $ 108.09 240230 03/02/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 53.94 240230 03/02/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 1,054.05 240230 03/02/2023 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 1,367.43 240231 03/02/2023 TILE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 $ 101.50 240231 03/02/2023 TIIE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-00000 $ 750.47 240231 03/02/2023 TIIE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 $ 561.38 240231 03/02/2023 TIIE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 $ 43.50 240231 03/02/2023 TIIE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 100-00-000-21254-00000 $ 13.05 240231 03/02/2023 TIIE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-00000 $ 824.28 240231 03/02/2023 TIIE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 $ 535.91 240231 03/02/2023 TIIE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 $ 43.50 240231 03/02/2023 TIIE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 100-00-000-21254-00000 $ 13.05 240231 03/02/2023 TIIE LINCOLN NATIONAL LIFE INSURANCE COMPANY BASIC LIFE,AD & D AND STD & LTD INSURANCE 403-10-160-54130-00000 $ 5,801.28 240232 03/09/2023 BANKCARD CENTER FLOWERS FOR FUNERAL SERV FOR ARMIDA CHAVEZ FLORES 100-10-100-53100-00000 $ 106.22 240232 03/09/2023 BANKCARD CENTER ONLINE SUBSCRIPTION FOR A.AVILA 100-10-100-53330-11009 $ 0.99 240232 03/09/2023 BANKCARD CENTER 100TH ANNIVERSARY EVENT FOR CITY OF WEST COVINA 100-10-100-53350-61000 $ 450.00 240232 03/09/2023 BANKCARD CENTER ONLINE SUBSCRIPTION FOR CEO ZALDIVAR 100-10-110-53330-00000 $ 18.00 240232 03/09/2023 BANKCARD CENTER LUNCH FOR PANEL FOR CHIEF DEPUTY CITY CLERK INTERV 100-10-110-53350-00000 $ 101.01 240232 03/09/2023 BANKCARD CENTER REGISTRATION FOR CT CLERKS ASSOC - ROSA CABALLERO 100-10-110-53350-00000 $ 775.00 240232 03/09/2023 BANKCARD CENTER CITY CLERK IIMC MEMBERSHIP FOR KRYSTAL ROMAN 100- 10- 120-53330-00000 $ 225.00 240232 03/09/2023 BANKCARD CENTER REGISTRATION FOR CT CLERKS ASSOC - KRYSTAL ROMAN 100- 10- 120-53330-00000 $ 650.00 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIAL AND SUPPLIES - MISCELLANEOUS ITEMS 254-50-550-53100-15705 $ 81.01 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIAL AND SUPPLIES - MISCELLANEOUS ITEMS 254-50-550-53100-15705 $ 30.64 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIAL AND SUPPLIES - MISCELLANEOUS ITEMS 254-50-550-53100-15705 $ 50.14 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIAL AND SUPPLIES - MISCELLANEOUS ITEMS 254-50-550-53100-15705 $ 54.27 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIAL AND SUPPLIES - MISC ITEMS FOR THE ST SWEE 246-50-552-53100-15005 $ 13.13 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIAL& SUPPLIES -MISCELLANEOUS ITEMS 251-50-560-53100-00000 $ 74.18 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIAL& SUPPLIES -MISCELLANEOUS ITEMS 251-50-560-53100-00000 $ 11.72 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIAL & SUPPLIES - MISCELLANEOUS ITEMS 254-50-550-53100-15705 $ 34.94 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIAL & SUPPLIES - MISCELLANEOUS ITEMS 254-50-550-53100-15705 $ 37.18 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES - 15 DEGREE NOZZLE FOR PRESSU 240-50-551-53100-15705 $ 104.57 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIAL& SUPPLIES -MISCELLANEOUS ITEMS 254-50-550-53100-15705 $ 69.51 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIAL AND SUPPLIES - ITEMS FOR THE FLEET SHOP 402-50-590-53100-00000 $ 97.36 240233 03/09/2023 NICHOLS LUMBER & HARDWARE MATERIAL& SUPPLIES -MISCELLANEOUS ITEMS 254-50-550-53100-15705 $ 55.12 240233 03/09/2023 NICHOLS LUMBER & HARDWARE PURCHASE SUPPLIES FOR THE COMMUNITY CTR 100-60-610-53100-00000 $ 17.47 240233 03/09/2023 NICHOLS LUMBER & HARDWARE PURCHASE SUPPLIES FOR COMMUNITY CTR 100-60-610-53100-00000 $ 36.10 240234 03/09/2023 OCEAN BLUE ENVIRONMENTAL SERVICES, INC SCHEDULED AND EMERGENCY HAZMAT SERVICES 258-50-551-51101-00000 $ 4,800.84 240234 03/09/2023 OCEAN BLUE ENVIRONMENTAL SERVICES, INC SCHEDULED AND EMERGENCY HAZMAT SERVICES 258-50-551-51101-00000 $ 5,273.16 240235 03/09/2023 OCTAVIO A. RAMIREZ SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 20.00 240236 03/09/2023 ODP BUSINESS SOLUTIONS, LLC CITY WIDE PAPER 401-10-141-53100-11504 $ 2,724.89 240237 03/09/2023 OFELIA BADAWI SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 10.00 240238 03/09/2023 OLGA LEAL DUARTE ARPA SENIOR TRIPS & EVENTS REIMB PROGRAM FOR 2/16 275-60-726-53370-16074 $ 20.00 240239 03/09/2023 ON POINT LAND SURVEYING, INC. 714-001 SAN GABRIEL BIKE TRAIL, BALDWIN PARK 100-50-510-51100-00000 $ 2,880.00 240240 03/09/2023 OSCAR RENE MIRANDA AS NEEDED PLUMBING SERVICES 240-50-551-51101-15705 $ 375.00 240240 03/09/2023 OSCAR RENE MIRANDA AS NEEDED PLUMBING SERVICES 240-50-551-51101-15705 $ 275.00 240240 03/09/2023 OSCAR RENE MIRANDA AS NEEDED PLUMBING SERVICES 240-50-551-51101-15705 $ 575.00 240241 03/09/2023 PACIFIC PRODUCTS & SERVICES LLC MATERIALS AND SUPPLIES FOR TRAFFIC SIGNS 254-50-550-53100-15622 $ 210.37 240241 03/09/2023 PACIFIC PRODUCTS & SERVICES LLC MATERIAL & SUPPLIES VARIOUS OF SIGNS & HARDWARE 254-50-550-53100-15622 $ 2,427.49 240241 03/09/2023 PACIFIC PRODUCTS & SERVICES LLC MATERIALS AND SUPPLIES FOR TRAFFIC SIGNS 254-50-550-53100-15622 $ 125.93 240242 03/09/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 256-50-520-58100-55022 $ 2,850.00 240242 03/09/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 270-50-520-58100-55022 $ 287,13T50 240243 03/09/2023 PREMIERE FUELING SERVICES INC MAINT & REPAIRS FOR PUMPS & INSPECTION 4 JAN 23 402-50-590-53371-00000 $ 250.00 240244 03/09/2023 PRIME POWER EQUIPMENT INC REPAIRS AND MAINTENANCE OF STREE LANDSCAPE 245-50-560-53371-15536 $ 42.00 Page 2 of 14 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 240244 03/09/2023 PRIME POWER EQUIPMENT INC REPAIRS AND MAINTENANCE OF STREE LANDSCAPE 245-50-560-53371-15536 $ 121.04 240244 03/09/2023 PRIME POWER EQUIPMENT INC REPAIRS AND MAINTENANCE OF STREE LANDSCAPE 245-50-560-53371-15536 $ 7.00 240244 03/09/2023 PRIME POWER EQUIPMENT INC MATERIALS & SUPPLIES FOR STREET LANDSCAPE CREW 245-50-560-53100-15536 $ 32.84 240244 03/09/2023 PRIME POWER EQUIPMENT INC REPAIRS AND MAINTENANCE OF STREE LANDSCAPE 245-50-560-53371-15536 $ 197.49 240245 03/09/2023 RAILPROS, INC. PACIFIC & BOGART IMPROVEMENTS 4 SEPT 22 255-50-520-58100-15550 $ 898.00 240246 03/09/2023 RENE BURGUAN BAND ENTERTAINMENT 4 MOTHER'S DAY DANCE 5/6/2023 501-60-000-22327-00000 $ 2,500.00 240247 03/09/2023 RIVERSIDE CO. SHERIFFS DEPT BACKGROUND INVESTIGATION CLASS FOR 1.VALDEZ 501-30-000-22410-00000 $ 392.00 240248 03/09/2023 RKA CONSULTING GROUP CIVIL AND BUILDING PLAN CHECK SERVICES FOR 270-50-520-58100-55022 $ 70.00 240249 03/09/2023 ROADLINE PRODUCTS INC. TRAFFIC CONTROL DEVICES AND VARIOUS SUPPLIES 245-50-550-53100-15622 $ 452.96 240249 03/09/2023 ROADLINE PRODUCTS INC. SUPPLIES FOR AIRLESS PAINT PUMP AND SPRY TIPS 254-50-570-53100-14885 $ 840.96 240250 03/09/2023 ROSA CABALLERO CCAC ANNUAL CONFERENCE PALM SPRINGS, CA 100-10-110-53350-00000 $ 163.00 240251 03/09/2023 SAN GABRIEL VALLEY WATER COMPANY WATER COST 1/20-02/21/2023 100-60-620-53402-00000 $ 11,153.87 240251 03/09/2023 SAN GABRIEL VALLEY WATER COMPANY WATER COST 252-60-620-53402-00000 $ 487.98 240251 03/09/2023 SAN GABRIEL VALLEY WATER COMPANY CORRECTION ENTERED IINCORRECTLY 100-60-620-53402-00000 $ (11,153.87) 240252 03/09/2023 SCORE AMERICAN SOCCER COMPANY, INC PURCHASE OF JERSEYS FOR YOUTH SPORTS STARTS PROD 501-60-000-22326-00000 $ 1,429.34 240253 03/09/2023 SERVICE FIRST CONTRACTORS MAINTENANCE SERV OF AQUATIC CTR POOL 100-60-620-53371-00000 $ 557.51 240253 03/09/2023 SERVICE FIRST CONTRACTORS MAINTENANCE SERV OF AQUATIC CTR POOL 252-60-620-53371-00000 $ 227.51 240253 03/09/2023 SERVICE FIRST CONTRACTORS MAINTENANCE SERV OF AQUATIC CTR POOL 252-60-620-53371-00000 $ 165.00 240253 03/09/2023 SERVICE FIRST CONTRACTORS MAINTENANCE SERV OF AQUATIC CTR POOL 252-60-620-53371-00000 $ 165.00 240254 03/09/2023 SHI INTERNATIONAL CORP REVU BASIC NEW ANNUAL SUBSCRIPTION 1/26-1/25/2024 100-40-440-53330-00000 $ 464.54 240254 03/09/2023 SHI INTERNATIONAL CORP APPLE MACBOOK PRO - M2 PRO 19-CORE CPU - 16GB RAN 245-50-510-53390-00000 $ 2,701.70 240255 03/09/2023 SOCAL SEALCOAT SOLUTIONS LLC HIGH PERFORMANCE POTHOLE PATCH 240-50-551-53100-15705 $ 1,274.44 240256 03/09/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC SIGNALS 13307 LA ST 1/24-02/21/23 251-50-530-53401-00000 $ 213.64 240256 03/09/2023 SOUTHERN CALIFORNIA EDISON ST LIGHTS 13543 1/2 BALDWIN PARK BLVD 1/24-2/21/23 251-50-530-53401-00000 $ 125.35 240256 03/09/2023 SOUTHERN CALIFORNIA EDISON CITY PARKS 4100 BALDWIN PARK BLVD 1/24-2/21/2023 252-60-620-53401-00000 $ 15,273.99 240256 03/09/2023 SOUTHERN CALIFORNIA EDISON ST LIGHTS 12990 ATHOL ST 1/24-2/21/2023 251-50-530-53401-00000 $ 468.91 240256 03/09/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC SIGNALS 12/15-01/31/2023 251-50-530-53401-00000 $ 8,074.69 240256 03/09/2023 SOUTHERN CALIFORNIA EDISON METROLINK STATION 12/28-02/26/2023 245-50-530-53401-15535 $ 396.29 240257 03/09/2023 SPARKLETTS WATER & COFFEE SUPPLIES FOR CT YARD 100-60-620-53100-00000 $ 301.39 240258 03/09/2023 STANCE CONSTRUCTION COMPANY CONSTRUCTION CONTRACT FOR CALINO ST 275-50-752-58100-55021 $ 91,713.09 240259 03/09/2023 STEVEN TRINIDAD POST ICI CORE COURSE 4/24-05/05/2023 501-30-000-22410-00000 $ 110.00 240260 03/09/2023 SUNBELT RENTALS MISCELLANEOUS RENTAL EQUIPMENT 240-50-551-53391-15705 $ 500.00 240260 03/09/2023 SUNBELT RENTALS MISCELLANEOUS RENTAL EQUIPMENT 2/2 - 2/7/23 240-50-551-53391-15705 $ 440.76 240260 03/09/2023 SUNBELT RENTALS MISCELLANEOUS RENTAL EQUIPMENT2/7/23 240-50-551-53391-15705 $ 124.75 240260 03/09/2023 SUNBELT RENTALS MISCELLANEOUS RENTAL EQUIPMENT2/8/23 240-50-551-53391-15705 $ 529.20 240260 03/09/2023 SUNBELT RENTALS MISCELLANEOUS RENTAL EQUIPMENT2/9/23 240-50-551-53391-15705 $ 529.20 240260 03/09/2023 SUNBELT RENTALS MISCELLANEOUS RENTAL EQUIPMENT 240-50-551-53391-15705 $ 359.47 240260 03/09/2023 SUNBELT RENTALS MISCELLANEOUS RENTAL EQUIPMENT 240-50-551-53391-15705 $ 600.37 240260 03/09/2023 SUNBELT RENTALS MISCELLANEOUS RENTAL EQUIPMENT 240-50-551-53391-15705 $ 627.73 240261 03/09/2023 SYN-TECH SYSTEMS INC COMPONENTS FOR ARE FUEL DISPENSING SYS AT CT YARD 402-50-590-53100-00000 $ 56.80 240261 03/09/2023 SYN-TECH SYSTEMS INC COMPONENTS FOR ARE FUEL DISPENSING SYS AT CT YARD 402-50-591-53100-00000 $ 56.80 240262 03/09/2023 TERESA NUESCA SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 10.00 240263 03/09/2023 THE GAS COMPANY TINY HOMES 13167 GARVEY AVE 1/27-02/28/2023 275-60-710-53370-66023 $ 282.18 240264 03/09/2023 THE GAS COMPANY CITY PARK 01/24-02/27/2023 252-60-620-53400-00000 $ 7,508.49 240264 03/09/2023 THE GAS COMPANY CITY BUILDINGS O1/26-03-01-2023 100-60-620-53400-00000 $ 7,873.12 240265 03/09/2023 TUFF KIDZ W. C. INC WRESTLING CLASSES FOR 2/1-02/22/2023 501-60-000-22328-00000 $ 494.00 240266 03/09/2023 ULINE, INC. PURCHASE OF RECYCLING CONTAINERS 100-60-620-53100-00000 $ 187.46 240266 03/09/2023 ULINE, INC. PURCHASE OF RECYCLING CONTAINERS 252-60-620-53100-00000 $ 32.22 240267 03/09/2023 V & V MANUFACTURING RETIRED RIBBON TO HEMENWAY'S BADBE 100-30-340-53100-00000 $ 50.32 240267 03/09/2023 V & V MANUFACTURING RETIRED RIBBON TO ROOT'S BADGE 100-30-340-53100-00000 $ 50.32 240268 03/09/2023 VANESSA GOMEZ RECREATIONAL SUBSIDY PROGRAM 275-60-734-53370-16070 $ 65.00 240269 03/09/2023 WALTERS WHOLESALE ELECTRIC CO. MISC MATERIAL & SUPPLIES 251-50-562-53100-00000 $ 69.08 240269 03/09/2023 WALTERS WHOLESALE ELECTRIC CO. MISC MATERIAL & SUPPLIES 251-50-562-53100-00000 $ 196.11 240269 03/09/2023 WALTERS WHOLESALE ELECTRIC CO. MISC MATERIAL & SUPPLIES 251-50-562-53100-00000 $ 132.97 240269 03/09/2023 WALTERS WHOLESALE ELECTRIC CO. MISC MATERIAL & SUPPLIES 251-50-562-53100-00000 $ T66 240269 03/09/2023 WALTERS WHOLESALE ELECTRIC CO. PURCHASE OF MATERIALS & SUPPLIES FOR BLDG MAINT 100-60-620-53100-00000 $ 344.40 240269 03/09/2023 WALTERS WHOLESALE ELECTRIC CO. PURCHASE OF MATERIALS & SUPPLIES FOR BLDG MAINT 252-60-620-53100-00000 $ 344.41 Page 3 of 14 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 240270 03/09/2023 WCS DISTRIBUTING, INC. MISC MATERIAL & SUPPLIES 251-50-560-53100-00000 $ 571.87 240271 03/09/2023 WESSEL, PROPANE, INC PURCHASE OF LIQUID PROPANE FOR CITY TANKS 240-50-551-53100-15705 $ 30.46 240271 03/09/2023 WESSEI, PROPANE, INC PURCHASE OF LIQUID PROPANE FOR CITY TANKS 240-50-551-53100-15705 $ 35.52 240271 03/09/2023 WESSEI, PROPANE, INC PURCHASE OF LIQUID PROPANE FOR CITY TANKS 240-50-551-53100-15705 $ 67.93 240272 03/09/2023 WEST COAST ARBORISTS, INC CITYWIDE TREE MAINTENANCE PROFESSIONALI/I6-1/31/23 251-50-561-51100-00000 $ 645.00 240273 03/09/2023 Y-TIRE SALES TIRES FOR CITY VEIIICL.ES 402-50-590-53100-00000 $ 417.67 240273 03/09/2023 Y-TIRE SALES TIRES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 417.67 240274 03/09/2023 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS JAN2023 240-50-530-51100-00000 $ 2,128.00 240274 03/09/2023 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGPITS 240-50-530-51100-00000 $ 666.00 240274 03/09/2023 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS JAN2023 240-50-530-51100-00000 $ 5,466.24 240275 03/09/2023 A GOLD ARC INC. MAINTENANCE ON DOOR AT THE TEEN CENTER 2/23/2023 100-60-620-53371-00000 $ 220.00 240275 03/09/2023 A GOLD ARC INC. MAINTENANCE ON DOOR AT THE TEEN CENTER 2/23/2023 252-60-620-53371-00000 $ 220.00 240276 03/09/2023 AAE INCORPORATED CULTURAL REPORT FOR SGR COMMUTER BIKEWAY JUN.2022 270-50-520-58100-15104 $ 8,618.25 240276 03/09/2023 AAE INCORPORATED CULTURAL REPORT FOR SGR COMMUTER BIKEWAY JUL.2022 270-50-520-58100-15104 $ 4,559.40 240276 03/09/2023 AAE INCORPORATED CULTURAL REPORT FOR SGR COMMUTER BIKEWAY AUG.22 270-50-520-58100-15104 $ 252.00 240276 03/09/2023 AAE INCORPORATED CULTURAL REPORT FOR SGR COMMUTER BIKEWAY SEP.22 270-50-520-58100-15104 $ 1,100.50 240276 03/09/2023 AAE INCORPORATED CULTURAL REPORT FOR SGR COMMUTER BIKEWAY OCE22 270-50-520-58100-15104 $ 566.00 240276 03/09/2023 AAE INCORPORATED COMPLETION OF PS&E FOR SAN GABRIEL RIVER 245-50-520-58100-15093 $ 252.00 240276 03/09/2023 AAE INCORPORATED CULTURAL REPORT FOR SGR COMMUTER BIKEWAY NOV. 2022 270-50-520-58100-15104 $ 642.75 240276 03/09/2023 AAE INCORPORATED TRAFFIC SIGNAL IMPROVEMENTS AT MMNE AVENUE 251-50-520-58100-15564 $ 6,527.75 240276 03/09/2023 AAE INCORPORATED CULTURAL REPORT FOR SGR COMMUTER BIKEWAY DEC.2022 270-50-520-58100-15104 $ 368.00 240276 03/09/2023 AAE INCORPORATED CONSTRUCTION MANAGEMENT & INSPECTION JAN. 2023 270-50-520-58100-15538 $ 11,266.00 240276 03/09/2023 AAE INCORPORATED CULTURAL REPORT FOR SGR COMMUTER BIKEWAY JAN.2023 270-50-520-58100-15104 $ 168.00 240277 03/09/2023 ADMIN SURE INC. GENERAL & AUTO LIABILITY, WORKERS COMP 403-10-160-54100-00000 $ 8,673.00 240278 03/09/2023 AGRISERVE PEST CONTROL INC PEST CONTROL SERVICES JULY 2022 245-50-560-51100-15537 $ 1,615.00 240278 03/09/2023 AGRISERVE PEST CONTROL INC PEST CONTROL SERVICES MAY 2022 240-50-560-51100-00000 $ 140.00 240278 03/09/2023 AGRISERVE PEST CONTROL INC PEST CONTROL SERVICES 245-50-560-51100-15537 $ 45.00 240278 03/09/2023 AGRISERVE PEST CONTROL INC PEST CONTROL SERVICES SEP.2022 245-50-560-51100-15537 $ 185.00 240278 03/09/2023 AGRISERVE PEST CONTROL INC PEST CONTROL SERVICES SEP.2022 245-50-560-51100-15537 $ 185.00 240278 03/09/2023 AGRISERVE PEST CONTROL INC PEST CONTROL SERVICES OCT. 2022 245-50-560-51100-15537 $ 185.00 240278 03/09/2023 AGRISERVE PEST CONTROL INC GOPHER CONTROL AT ALL CITY PARKS 251-50-560-51101-00000 $ 185.00 240278 03/09/2023 AGRISERVE PEST CONTROL INC GOPHER CONTROL AT ALL CITY PARKS 251-50-560-51101-00000 $ 185.00 240278 03/09/2023 AGRISERVE PEST CONTROL INC GOPHER CONTROL AT ALL CITY PARKS 251-50-560-51101-00000 $ 1,776.50 240279 03/09/2023 AMERICAN LEGAL PUBLISHING CORP. BALDWIN PARK CODE OF ORDINANCES 100-10-120-53330-11535 $ 164.26 240280 03/09/2023 ANDRES VILLALOBOS PER DIEM FOR ICI CHILD ABUSE INVESTIGATION 4/23-28 501-30-000-22410-00000 $ 407.00 240281 03/09/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES 245-50-581-53100-15510 $ 1,000.00 240281 03/09/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES 251-50-560-53100-00000 $ 64.53 240281 03/09/2023 ARAMARK UNIFORM SERVICES VEST SIREFLECTOR ( UNIFORM) 240-50-570-53100-15705 $ 131.36 240282 03/09/2023 B&B TIRE SERVICE REPAIRS TO ONE TIRE- 6 HOLES ON 2/7/2023 402-50-590-53371-00000 $ 65.00 240282 03/09/2023 B&B TIRE SERVICE REPAIRS TO ONE TIRE 402-50-590-53371-00000 $ 60.00 240283 03/09/2023 BALDWIN PARK WOMAN'S CLUB SCHOLARSHIP DINNER AT BALDWIN PARK WOMAN'S CLUB 100- 10- 100-53 100-00000 $ 250.00 240284 03/09/2023 BERNARDO NAVARRETE REIMBURSMENT FOR REGISTER/RECORDE'S OFFICE ZOCALO 240-50-520-53100-00000 $ 250.25 240285 03/09/2023 BLACK & WHITE EMERGENCY VEHICLES, LLC EMERGENCY REPAIRS TO POLICE VEHICLES ON 2/16/2023 402-50-591-53371-00000 $ 49.61 240286 03/09/2023 BLUESKY DIVERSIFIED INC. SERVICE FOR POLICE VEHICLES 402-50-591-53371-00000 $ 105.65 240286 03/09/2023 BLUESKY DIVERSIFIED INC. SERVICE FOR POLICE VEHICLES 402-50-591-53371-00000 $ 43.64 240286 03/09/2023 BLUESKY DIVERSIFIED INC. SERVICE FOR POLICE VEHICLES 402-50-591-53371-00000 $ 165.57 240287 03/09/2023 BPC PRINT SERVICES INC RESTOCK CITY FORMS 401-10-141-53320-11502 $ 1,466.60 240288 03/09/2023 CALIFORNIA CONSULTING, INC. GRANT WRITING SERVICES FOR 2/l/2023-2/28/2023 100-25-299-51100-17000 $ 4,500.00 240289 03/09/2023 CANON FINANCIAL SERVICES, INC LEASE FOR 2 SHARP MX-6071 COPIERS 3/1-3/31/2023 401-10-141-58140-11504 $ 407.17 240290 03/09/2023 CAR QUEST CREDIT MEMO 402-50-591-53100-00000 $ (34.71) 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 $ 66.54 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 $ 8.67 240290 03/09/2023 CAR QUEST CREDIT MEMO 402-50-591-53100-00000 $ (668.63) 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 $ 173.09 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 $ 308.59 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 $ 84.76 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 290.69 Page 4 of 14 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE, VEHICLES 402-50-591-53100-00000 $ 47.29 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE, VEHICLES 402-50-591-53100-00000 $ 36.11 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE, VEHICLES 402-50-591-53100-00000 $ 35.82 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE, VEHICLES 402-50-591-53100-00000 $ 16.01 240290 03/09/2023 CAR QUEST CREDIT MEMO 402-50-591-53100-00000 $ (42.99) 240290 03/09/2023 CAR QUEST CREDIT MEMO 402-50-591-53100-00000 $ (192.02) 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 226.33 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 23.11 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 9.56 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 213.48 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 $ 72.30 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 $ 17.54 240290 03/09/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 17.33 240292 03/09/2023 CARLOS VALLE CITYWIDE JANITORIAL SERVICES FOR FEB.2023 100-60-620-53371-00000 $ 5,200.00 240292 03/09/2023 CARLOS VALLE CITYWIDE JANITORIAL SERVICES FOR CITY FACILITIES 245-60-620-53371-15882 $ 1,300.00 240292 03/09/2023 CARLOS VALLE CITYWIDE JANITORIAL SERVICES FOR CITY FACILITIES 252-60-620-53371-00000 $ 6,898.00 240293 03/09/2023 CHICAS GRAPHICS AND DESIGN SUPPLIES INCLUDING BUSINESS CARDS, NO PARKING 245-50-550-53100-15622 $ 438.00 240293 03/09/2023 CHICAS GRAPHICS AND DESIGN BUSINESS CARDS FOR CHRISTOPHER SAENZ, CITY CLERK 100-10-120-53100-00000 $ 147.83 240294 03/09/2023 CINTAS FIRST AID & SAFETY FIRST AID & SAFETY CITY HALL 100-10-150-51100-00000 $ 354.88 240294 03/09/2023 CINTAS FIRST AID & SAFETY FIRST AID & SAFETY SUPPLIES 100-10-150-51100-00000 $ 56.63 240294 03/09/2023 CINTAS FIRST AID & SAFETY FIRST AID & SAFETY CITY HALL 100-10-150-51100-00000 $ 288.89 240294 03/09/2023 CINTAS FIRST AID & SAFETY FIRST AID & SAFETY 100-10-150-51100-00000 $ 160.07 240294 03/09/2023 CINTAS FIRST AID & SAFETY AED UNITS AT CITY FACILITIES & FIRST AID SUPPLIES 100-10-150-51100-00000 $ 388.35 240294 03/09/2023 CINTAS FIRST AID & SAFETY AED UNITS AT CITY FACILITIES & FIRST AID SUPPLIES 403-10-160-51101-11350 $ 1,067.11 240294 03/09/2023 CINTAS FIRST AID & SAFETY AED UNITS AT CITY FACILITIES & FIRST AID SUPPLIES 403-10-160-51101-11350 $ 89.79 240294 03/09/2023 CINTAS FIRST AID & SAFETY AED UNITS AT CITY FACILITIES & FIRST AID SUPPLIES 100-60-610-53100-00000 $ 100.16 240294 03/09/2023 CINTAS FIRST AID & SAFETY AED UNITS AT CITY FACILITIES & FIRST AID SUPPLIES 403-10-160-51101-11350 $ 259.00 240294 03/09/2023 CINTAS FIRST AID & SAFETY AED UNITS AT CITY FACILITIES & FIRST AID SUPPLIES 100-60-610-53100-00000 $ 89.79 240295 03/09/2023 CONCENTRA HEALTH SERVICES, INC AN AMADOR PHYS PREPL-CLASS VI 100-10-150-51101-00000 $ 121.00 240295 03/09/2023 CONCENTRA HEALTH SERVICES, INC PHYS PRE PL REC LEADER, TB TEST PHYS PREPL-CALSS 100-10-150-51101-00000 $ 292.00 240296 03/09/2023 CWE DESIGN SERVICES FOR BARNES PARK REGIONAL NOV. 2022 258-50-520-58100-55001 $ 93,661.67 240297 03/09/2023 DELIA MARIA SCHWARTZ GUERRERO ARPA BASIC SUBSIDY REIM PROGRAM FOR WEEK#21-424 275-60-734-53370-16077 $ 216.00 240298 03/09/2023 DESIREE DENISE RODRIGUEZ ARPA RECREATION REIM PROGRAM FISCAL YEAR 2022-2023 275-60-734-53370-16070 $ 15.00 240299 03/09/2023 DUNN-EDWARDS CORP PAINTING SUPPLIES FOR BUILDING MAINTENANCE 2/8/23 100-60-620-53100-00000 $ 150.67 240300 03/09/2023 EDWIN CARL SMITH TILE PLAQUES REQUEST FOR OUTGOING ELECTED OFFICIAL 100-10-100-53320-00000 $ 72.27 240300 03/09/2023 EDWIN CARL SMITH TILE PLAQUES REQUEST ED BY CITY COUNCIL FOR EL TAC 100- 10- 100-53320-00000 $ 18.07 240301 03/09/2023 EHS INTERNATIONAL, INC. TRAFFIC CONTROL/FLAGGER SAFETY TRAINING 240-50-550-53350-15705 $ 169.71 240301 03/09/2023 EHS INTERNATIONAL, INC. TRAFFIC CONTROL/FLAGGER SAFETY TRAINING 240-50-551-53200-15705 $ 169.74 240301 03/09/2023 EHS INTERNATIONAL, INC. TRAFFIC CONTROL/FLAGGER SAFETY TRAINING 240-50-560-53200-00000 $ 169.71 240301 03/09/2023 EHS INTERNATIONAL, INC. TRAFFIC CONTROL/FLAGGER SAFETY TRAINING 240-50-561-53200-00000 $ 169.71 240301 03/09/2023 EHS INTERNATIONAL, INC. TRAFFIC CONTROL/FLAGGER SAFETY TRAINING 240-50-562-53200-00000 $ 169.71 240301 03/09/2023 EHS INTERNATIONAL, INC. TRAFFIC CONTROL/FLAGGER SAFETY TRAINING 240-50-570-53200-00000 $ 169.71 240301 03/09/2023 EHS INTERNATIONAL, INC. TRAFFIC CONTROL/FLAGGER SAFETY TRAINING 240-50-571-53200-00000 $ 169.71 240302 03/09/2023 ELISA ARELLANO ARPA SENIOR TRIPS/EVENTS REIM PROGRAM FOR 2/16/23 275-60-726-53370-16074 $ 10.00 240303 03/09/2023 ELIZABETH ALMARAL REIM OF RENTAL DEPOSIT --WALNUT CREEK NATURE PARK 501-60-000-22333-00000 $ 100.00 240304 03/09/2023 ELVA ESTELA AGUILAR ARPA SENIOR TRIPS & EVENTS REIM PRGRAM FOR 2/16/23 275-60-726-53370-16074 $ 10.00 240305 03/09/2023 ERIC SHELTON PER DIEM FOR EVOC BASIC TRAINING FOR 2/26/-3/3/23 501-30-000-22410-00000 $ 407.00 240306 03/09/2023 ESTHER SANCHEZ ARPA SENIOR TRIPS/EVENTS REIM PROGRAM FOR 2/16/23 275-60-726-53370-16074 $ 10.00 240307 03/09/2023 EVANGELINA NAVARRO ARPA SENIOR TRIPS/EVENTS REIM PROGRAM FOR 2/16/23 275-60-726-53370-16074 $ 10.00 240308 03/09/2023 EWING IRRIGATION, INC. IRRIGATION SUPPLIES 251-50-562-53100-00000 $ 625.63 240309 03/09/2023 FRONTIER COMMUNICATIONS PHONE & WIRELESS SERVICES FOR 2/23-3/22/2023 275-60-710-53370-66023 $ 209.97 240310 03/09/2023 GABRIEL CONTAINER CO. PURCHASE OF CARD BOARD BOXES FOR FOOD GIVEAWAY 275-60-713-53100-16075 $ 195.00 240311 03/09/2023 GRAINGER, INC. MATERIAL/SUPPLIES-FUES , WRENCH, COMPACT, RATCHET 402-50-590-53100-00000 $ 99.14 240311 03/09/2023 GRAINGER, INC. MATERIAL/SUPPLIES-FUES , WRENCH, COMPACT, RATCHET 402-50-590-53100-00000 $ 216.38 240311 03/09/2023 GRAINGER, INC. MATERIAL/SUPPLIES-FUES , WRENCH, COMPACT, RATCHET 402-50-590-53100-00000 $ 188.74 240311 03/09/2023 GRAINGER, INC. MATERIAL/SUPPLIES-FUES , WRENCH, COMPACT, RATCHET 402-50-591-53100-00000 $ 405.11 240312 03/09/2023 HDL SOFTWARE, LLC ANNUAL USE FEE 3/1/2023-2/28/2024 401-10-140-53379-00000 $ 4,547.99 Page 5 of 14 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 240313 03/09/2023 HOLIDAY GOO ADDITIONAL EGGS FOR EGG HUNT AT SPRING FEST 100-60-610-51101-16152 $ 681.64 240314 03/09/2023 HOSE -MAN INC PURCHASE OF HOSES THE STREET SWEEPER UNIT 5098 246-50-552-53100-15005 $ 532.47 240314 03/09/2023 HOSE -MAN INC PURCHASE OF HOSES THE STREET SWEEPER UNIT 5098 246-50-552-53100-15005 $ 65.75 240315 03/09/2023 HUNTINGTON IIONDA MAINTENANCE ON POLICE MOTOCRYCLE 2/9/2023 402-50-591-53371-00000 $ 1,464.56 240316 03/09/2023 INTERSTATE BATTERIES BATTERY FOR PD & CITY VEHICLES -STOCK 402-50-590-53100-00000 $ 68.08 240316 03/09/2023 INTERSTATE BATTERIES BATTERY FOR PD & CITY VEHICLES -STOCK 402-50-591-53100-00000 $ 68.07 240317 03/09/2023 J & S STRIPING CO INC INSTALL DETAIL 17, DIAGONALS DELINEATORS 240-50-550-51100-15705 $ 2,675.00 240318 03/09/2023 JC'S PLUMBING & BACKFLOW SVC TESTING BACKFLOW DEVICES THROUGHOUT THE CITY 251-50-562-51100-00000 $ 5,274.58 240319 03/09/2023 J.G. TUCKER & SONS SAFETY SUPPLIES 251-50-560-53100-00000 $ 421.87 240320 03/09/2023 J.P. ENGINES INC. MAINTENANCE ON UNIT#5045 ON 2/13/2023 402-50-590-53371-00000 $ 489.45 240321 03/09/2023 JC'S PLUMBING & BACKFLOW SVC PLUMBING ERPAIRES AT CITY MALL& COMMUNITY CTR 2/25 100-60-620-53371-00000 $ 175.00 240321 03/09/2023 JC'S PLUMBING & BACKFLOW SVC PLUMBING ERPAIRES AT CITY HALL& COMMUNITY CTR 2/25 100-60-620-53371-00000 $ 75.00 240321 03/09/2023 JC'S PLUMBING & BACKFLOW SVC PLUMBING ERPAIRES AT CITY HALL& COMMUNITY CTR 2/25 100-60-620-53371-00000 $ 386.21 240321 03/09/2023 JC'S PLUMBING & BACKFLOW SVC PLUMBING REPAIRS MADE AT SERENITY HOMES-2/25/2023 270-60-610-53370-66023 $ 150.00 240322 03/09/2023 JOHN L HUNTER & ASSOCIATES INC CONSULTANT SERVICES FOR CITY'S NPDES STORM JAN. 23 258-50-510-51100-15400 $ 1,113.75 240323 03/09/2023 JUAN E. RAMIREZ ENGLISH-SPANISII INTERPRETER & TRANSLATOR FEB.2023 100-10-110-51101-00000 $ 6,080.00 240324 03/09/2023 JUST REWARDS GIFT CARDS FOR EMPLOYEE TRANSPORTATION 231-50-540-53120-00000 $ 111.50 240325 03/09/2023 JWA URBAN CONSULTANTS INC AS -NEEDED PROFESSIONAL SERVICES FOR FEB. 2023 100-40-440-51101-00000 $ 2,679.60 240325 03/09/2023 JWA URBAN CONSULTANTS INC AS -NEEDED PROFESSIONAL SERVICES RELATED TO 100-40-440-51101-14070 $ 554.40 240325 03/09/2023 JWA URBAN CONSULTANTS INC AS -NEEDED PROFESSIONAL SERVICES RELATED TO 235-40-440-51101-00000 $ 693.00 240326 03/09/2023 KRYSTAL ROMAN PER DIEM FOR 2023 CCAC ANNUAL CONFERENCE 4/11-14 100-10-110-53350-00000 $ 163.00 240327 03/09/2023 KYAW WUNNA REFUND OF DEPOSIT FOR RENTAL AT ARC 501-60-000-22333-00000 $ 500.00 240328 03/09/2023 LA CANADA DESIGN GROUP INC ARCHITECTURAL & ENGINEERING DESIGN SERVICES OCT.22 270-50-520-58100-55022 $ 9,320.00 240328 03/09/2023 LA CANADA DESIGN GROUP INC ARCHITECTURAL & ENGINEERING DESIGN SERVICES OCT.22 270-50-520-58100-55022 $ 3,271.00 240328 03/09/2023 LA CANADA DESIGN GROUP INC ARCHITECTURAL & ENGINEERING DESIGN SERVICES NOV.22 270-50-520-58100-55022 $ 2,065.00 240328 03/09/2023 LA CANADA DESIGN GROUP INC ARCHITECTURAL & ENGINEERING DESIGN SERVICES NOV.22 270-50-520-58100-55022 $ 574.00 240328 03/09/2023 LA CANADA DESIGN GROUP INC CONSTRUCTION ADMINISTRATION SERVICES FOR NOV. 2022 270-50-520-58100-55022 $ 5,516.00 240329 03/09/2023 LINXUP, LLC GPS TRACKING ON ALL CITY VEHICLES JAN.2023 402-50-590-51101-00000 $ 853.50 240329 03/09/2023 LINXUP, LLC GPS TRACKING ON ALL CITY VEHICLES MARCH..2023 402-50-590-51101-00000 $ 853.50 240330 03/09/2023 LION EXPRESS TRANSPORTATION SERVICES FOR SENIOR CENTER TRIP 275-60-726-51101-16074 $ 1,400.00 240331 03/09/2023 LOLITA C. APOYON ARPA SENIOR TRIPS/EVENTS REIM PROGRAM FOR 2/16/23 275-60-726-53370-16074 $ 10.00 240332 03/09/2023 LONG TANG REIM FOR SELF -INKING STAMP & BUILDING & SAFETY 100-40-450-53100-00000 $ 77.17 240333 03/09/2023 LORENZA CHIC ARPA SENIOR TRIPS/EVENTS REIM PROGRAM FOR 2/16/23 275-60-726-53370-16074 $ 20.00 240334 03/09/2023 LOS ANGELES COUNTY POLICE CHIEF'S ASSOCIATION LACPCA 2023 ASSOCATION DUE FOR CHKEF LOPEZ 100-30-300-53350-00000 $ 500.00 240335 03/09/2023 MARIA ANGELES GODOY ARPA SENIOR TRIPS & EVENTS REIMB PROGRAM FOR 2/16 275-60-726-53370-16074 $ 10.00 240336 03/09/2023 MARIA VICTORIA TZEC ARPA SENIOR TRIPS & EVENTS REIMB PROGRAM FOR 2/16 275-60-726-53370-16074 $ 10.00 240337 03/09/2023 MARTHA ELVA GODOY ARPA SENIOR TRIPS & EVENTS REIMB PROGRAM FOR 2/16 275-60-726-53370-16074 $ 10.00 240338 03/09/2023 MERCURY FENCE CO., INC FENCY REPAIES AT BARNES PARK-2/27/2023 100-60-620-53371-00000 $ 82.50 240338 03/09/2023 MERCURY FENCE CO., INC FENCY REPAIES AT BARNES PARK-2/27/2023 252-60-620-53371-00000 $ 82.50 240339 03/09/2023 MERRIMAC ENERGY GROUP REGUALR UNLEADED GASOLINE, 9,458 GALLONS 402-50-590-53110-16140 $ 13,906.75 240339 03/09/2023 MERRIMAC ENERGY GROUP REGUALR UNLEADED GASOLINE, 9,458 GALLONS 402-50-591-53110-16140 $ 4,399.35 240339 03/09/2023 MERRIMAC ENERGY GROUP REGUALR UNLEADED GASOLINE, 9,458 GALLONS 402-50-591-53110-16140 $ 16,460.78 240340 03/09/2023 MOORE, IACOFANO & GOLTZMAN INC PREPARE OBJECTIVE DESIGN STANDARDS AND 235-40-440-51100-00000 $ 36,74T00 240340 03/09/2023 MOORE, IACOFANO & GOLTZMAN INC PREPARE OBJECTIVE DESIGN STANDARDS AND 270-40-440-51100-64000 $ 9,857.00 240341 03/09/2023 MUFFLERVILLE CATALYTIC CONVECTOR FOR UNIT 7312 402-50-590-53100-00000 $ 574.88 240342 03/16/2023 BANKCARD CENTER STICKERS FOR RECORDS SHREDDING 100-30-330-53100-00000 $ 254.71 240343 03/16/2023 BANKCARD CENTER CR FOR CANCELLATION OF CPRS CONFERENCE REGISTRATIO 100-60-600-53350-00000 $ (415.00) 240343 03/16/2023 BANKCARD CENTER MTHLY FEE FOR DROPBOX SUBSCRIPTION USED FOR THE BP 100-60-610-51100-00000 $ 11.99 240343 03/16/2023 BANKCARD CENTER PRINTING SERVICES OF COLOR PICTURES OF CT COUNCIL 100-60-610-51101-00000 $ 25.78 240343 03/16/2023 BANKCARD CENTER PRINTING SERVICES FOR STATE OF THE CT FLYERS 100-60-610-51101-16143 $ 302.22 240343 03/16/2023 BANKCARD CENTER COLORED WRISTBANDS FOR FACILITY RESERVATIONS 100-60-610-53100-00000 $ 13.13 240343 03/16/2023 BANKCARD CENTER SUPPLIES FOR COMMUNITY CTR WEIGHT ROOM 100-60-610-53100-00000 $ 164.89 240343 03/16/2023 BANKCARD CENTER PYMT FOR SG VALLEY NEWS SUBSCRIPTION 100-60-610-53330-00000 $ 10.00 240343 03/16/2023 BANKCARD CENTER PURCHASE OF REPLACEMENT FOOT CAP FOR PLASTIC FOLDI 100-60-620-53100-00000 $ 25.57 240343 03/16/2023 BANKCARD CENTER PYMT OF ANNUAL PERMIT FEE TO FILE AQMD FORM 1514 100-60-620-53371-00000 $ 183.51 240343 03/16/2023 BANKCARD CENTER NETFLIX MTHLY FEE FOR SR CTR 100-60-630-53330-00000 $ 3.87 240343 03/16/2023 BANKCARD CENTER CPRS MEMBERSHIP FOR A.NAVA 100-60-640-53330-00000 $ 145.00 Page 6 of 14 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 240343 03/16/2023 BANKCARD CENTER NETFL.IX MTHLY FEE FOR TEEN CTR 100-60-660-53330-00000 $ 3.87 240343 03/16/2023 BANKCARD CENTER NETFL.IX MTHLY FEE FOR BARNES PARK 100-60-670-53330-15100 $ 3.88 240343 03/16/2023 BANKCARD CENTER NETFL.OIX MTHLY FEE FOR THE ARC 100-60-680-53330-00000 $ 3.87 240343 03/16/2023 BANKCARD CENTER REND FOR LATE DELIVERY OF FIRST AID KITS 501-60-000-22326-00000 $ (6.54) 240343 03/16/2023 BANKCARD CENTER FIRST AID KITS FOR YOUTH SPORTS PROGRAM 501-60-000-22326-00000 $ 53.44 240343 03/16/2023 BANKCARD CENTER BLACK HISTORY MO YARD SIGN & MO BANNER 501-60-000-22328-00000 $ 54.63 240343 03/16/2023 BANKCARD CENTER INSPIRATIONAL POSTERS FOR BLACK HISTORY MO EVENT 501-60-000-22328-00000 $ 19.31 240343 03/16/2023 BANKCARD CENTER PRINTING SERV FOR THE BLACK HISTORY MONTII FLYERS 501-60-000-22328-00000 $ 508.08 240343 03/16/2023 BANKCARD CENTER SERV TO DELIVER AQUATICS CTR TIMER TO GET REPAIRED 501-60-000-22329-00000 $ 328.47 240344 03/16/2023 DEPT OF TRANSPORTATION SIGNALS & LIGHTING MAINT BY CALTRANS 7/21-9/2021 251-50-530-51100-00000 $ 5,679.11 240344 03/16/2023 DEPT OF TRANSPORTATION SIGNALS & LIGHTING MAINT BY CALTRANS 10/21-12/2021 251-50-530-51100-00000 $ 1,544.39 240344 03/16/2023 DEPT OF TRANSPORTATION SIGNALS & LIGHTING MAINT BY CALTRANS 1/22-3/2022 251-50-530-51100-00000 $ 2,487.23 240345 03/16/2023 NEIGIIBORIIOOD LEGAL SERVICES OF LOS ANGELES COUNTY PROVIDE B. PARK RESIDENTIAL TENANTS FOR FEB 2022 220-25-299-53360-17050 $ 1,228.09 240345 03/16/2023 NEIGHBORHOOD LEGAL SERVICES OF LOS ANGELES COUNTY PROVIDE B. PARK RESIDENTIAL TENANTS FOR MAR 2022 220-25-299-53360-17050 $ 996.85 240345 03/16/2023 NEIGHBORHOOD LEGAL SERVICES OF LOS ANGELES COUNTY PROVIDE B. PARK RESIDENTIAL TENANTS FOR APR 2022 220-25-299-53360-17050 $ 1,230.14 240345 03/16/2023 NEIGHBORHOOD LEGAL SERVICES OF LOS ANGELES COUNTY PROVIDE B. PARK RESIDENTIAL TENANTS FOR MAY 2022 220-25-299-53360-17050 $ 945.16 240345 03/16/2023 NEIGHBORHOOD LEGAL SERVICES OF LOS ANGELES COUNTY PROVIDE B. PARK RESIDENTIAL TENANTS FOR JUKE 2022 220-25-299-53360-17050 $ 1,457.61 240345 03/16/2023 NEIGHBORHOOD LEGAL SERVICES OF LOS ANGELES COUNTY PROVIDE B. PARK RESIDENTIAL TENANTS FOR JULY 2022 220-25-299-53360-17050 $ 2,500.38 240345 03/16/2023 NEIGHBORHOOD LEGAL SERVICES OF LOS ANGELES COUNTY PROVIDE B. PARK RESIDENTIAL TENANTS FOR AUG 2022 220-25-299-53360-17050 $ 3,270.50 240345 03/16/2023 NEIGHBORHOOD LEGAL SERVICES OF LOS ANGELES COUNTY PROVIDE B. PARK RESIDENTIAL TENANTS FOR SEPT 2022 220-25-299-53360-17050 $ 3,308.70 240345 03/16/2023 NEIGHBORHOOD LEGAL SERVICES OF LOS ANGELES COUNTY PROVIDE B. PARK RESIDENTIAL TENANTS FOR OCT 2022 220-25-299-53360-17050 $ 2,828.97 240346 03/16/2023 OCTAVIO A. RAMIREZ SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 62.00 240347 03/16/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 256-50-520-58100-55022 $ 2,850.00 240347 03/16/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 270-50-520-58100-55022 $ 211,707.50 240348 03/16/2023 RAQUEL A. URBINA SR TRIPS & EVENTS REIMBURSEMENT PROG 275-60-726-53370-16074 $ 31.00 240349 03/16/2023 RICOH USA INC COPY OVERAGES FOR 8 RICOH COPIERS 401-10-141-51101-11502 $ 140.36 240349 03/16/2023 RICOH USA INC MAINTENANCE FOR 8 RICOH COPIERS 401-10-141-53371-11504 $ 1,204.67 240350 03/16/2023 RKA CONSULTING GROUP CITY ENGINEERING SERVICES FOR JULY 2022 100-50-510-51100-00000 $ 2,153.65 240350 03/16/2023 RKA CONSULTING GROUP CITY ENGINEERING SERVICES FOR AUG 2022 100-50-510-51100-00000 $ 452.50 240350 03/16/2023 RKA CONSULTING GROUP CITY ENGINEERING SERVICES FOR SEPT 2022 100-50-510-51100-00000 $ 4,607.50 240350 03/16/2023 RKA CONSULTING GROUP CITY ENGINEERING SERVICES FOR OCT 2022 100-50-510-51100-00000 $ 2,940.00 240350 03/16/2023 RKA CONSULTING GROUP CITY ENGINEERING SERVICES FOR NOV 2022 100-50-510-51100-00000 $ 2,621.00 240350 03/16/2023 RKA CONSULTING GROUP CITY ENGINEERING SERVICES FOR DEC 2022 100-50-510-51100-00000 $ 3,220.00 240351 03/16/2023 ROSARIO GALINDO SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 31.00 240352 03/16/2023 RUFINO FERNANDEZ SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 31.00 240353 03/16/2023 SAN GABRIEL VALLEY WATER COMPANY WATER COST SPRINKLERS 1/26-3/l/2023 251-50-560-53402-00000 $ 1,185.78 240353 03/16/2023 SAN GABRIEL VALLEY WATER COMPANY WATER COST 252-60-620-53402-00000 $ 1,797.23 240353 03/16/2023 SAN GABRIEL VALLEY WATER COMPANY WATER CITY BUILDINGS 01/30-03/03/01/2023 100-60-620-53402-00000 $ 628.07 240353 03/16/2023 SAN GABRIEL VALLEY WATER COMPANY WATER SERV FOR SERENITY HOMES 13165-67 E GARVERY A 275-60-710-53370-66023 $ 720.87 240354 03/16/2023 SOUTHERN CALIFORNIA EDISON CITY BUILDING 1/10-02/08/2023 100-60-620-53401-00000 $ 22.62 240354 03/16/2023 SOUTHERN CALIFORNIA EDISON ST LIGHTS 10/30-02/28/2023 251-50-530-53401-00000 $ 46,880.08 240354 03/16/2023 SOUTHERN CALIFORNIA EDISON CITY PARKS 252-60-620-53401-00000 $ 1,820.31 240355 03/16/2023 TERESA NUESCA SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 31.00 240356 03/16/2023 TRIPEPI,SMITH AND ASSOCIATES, INC COMMUNICATION & SOCIAL MEDIA SERV O1/3-01/31/2023 230-10-110-51100-11402 $ 1,611.25 240356 03/16/2023 TRIPEPI,SMITH AND ASSOCIATES, INC COMMUNICATION & SOCIAL MEDIA SERV 2/7-02/23/2023 230-10-110-51100-11402 $ 562.50 240357 03/16/2023 TRIPLE B CORPORATION CR FOR ITEMS RETURNED 275-60-713-53100-16075 $ (19.00) 240357 03/16/2023 TRIPLE B CORPORATION SR MEAL DELIVERY PROGRAM 275-60-713-53100-16075 $ 3,825.00 240358 03/16/2023 UNITED STATES POSTAL SERVICE BULK MAILING / POSTAGE SERVICES FOR BP NOW 230-60-610-51100-11400 $ 1,100.00 240358 03/16/2023 UNITED STATES POSTAL SERVICE POSTAGE SERV FOR BP NOW FOR MAY-JULY 2023 230-60-610-51100-11400 $ 2,100.00 240359 03/16/2023 VALLEY COUNTY WATER DIST WATER COST 251-50-560-53402-00000 $ 258.56 240359 03/16/2023 VALLEY COUNTY WATER DIST WATER SERV FOR TINY HOMES @ 14173 GARVEY AVE 501-50-000-22000-55003 $ 265.45 240360 03/16/2023 VIRGINIAMARIA HERNANDEZ SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 31.00 240361 03/16/2023 WEBCO LB LLC SUPPLEMENTAL SWEEPING OF CITY OWNED FOR FEB 2023 254-50-560-51101-15734 $ 4,200.00 240361 03/16/2023 WEBCO LB LLC SUPPLEMENTAL SWEEPING OF CITY OWNED 254-50-560-51101-15734 $ 500.00 240362 03/16/2023 AAE INCORPORATED CMANSPECTION FOR REHABILITATION PROJECT MAR 2023 256-50-520-58100-15082 $ 4,150.00 240362 03/16/2023 AAE INCORPORATED CITY ENGINEERING SERVICES 100-50-510-51100-00000 $ 2,327.00 240362 03/16/2023 AAE INCORPORATED RESIDENTIAL PAVING & MAJOR STREETS REHABILITATION 245-50-520-58100-15082 $ 2,866.00 Page 7 of 14 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 240362 03/16/2023 AAE INCORPORATED CIVII. DESIGN & ENGINEERING SERVICES FOR SEP. 2022 275-50-752-58100-55021 $ 351.85 240363 03/16/2023 ANA COVARRUBIAS ARPA SENIOR TRIPS & EVENTS REIM FOR MARCII,2, 2023 275-60-726-53370-16074 $ 31.00 240364 03/16/2023 AWESOME EVENTS, INC. RENTAL OF INFLATABLE JUMPER FOR YOUNG SPORTS SOCCF, 501-60-000-22326-00000 $ 375.00 240365 03/16/2023 BALDWIN PARK UNIFIED SCHOOL DISTRICT ADVANCED ALLOCATION TO BALDWIN PARK USD PER MOA 275-60-765-53361-16079 $ 15,000.00 240366 03/16/2023 BEST BEST & KRIEGER LLP ENERGY ADVICE--FEB.2023 SERVICES 450-40-131-51102-62102 $ 4,884.00 240366 03/16/2023 BEST BEST & KRIEGER LLP BALLOT MEASURES-- FEB.2023 SERVICES 100-10-130-51102-11432 $ 3,201.00 240366 03/16/2023 BEST BEST & KRIEGER LLP ADMINISTRATION/CITY COUNCIL--FEB.2023 SERVICES 100-10-130-51102-1 1102 $ 3,328.63 240366 03/16/2023 BEST BEST & KRIEGER LLP HUMAN RESOURCES-- FEB.2023 SERVICES 100-10-130-51102-1 1103 $ 477.00 240366 03/16/2023 BEST BEST & KRIEGER LLP COMMUNITY DEVELOPMENT--FEB.2023 SERVICES 100-40-130-51102-14200 $ 2,027.50 240366 03/16/2023 BEST BEST & KRIEGER LLP POLICE DEPARTMENT-FEB.2023 SERVICES 100-30-130-51102-13405 $ 556.50 240366 03/16/2023 BEST BEST & KRIEGER LLP PUBLIC WORKS-FEB.2023 SERVICES 100-50-130-51102-15080 $ 874.50 240366 03/16/2023 BEST BEST & KRIEGER LLP PARKS AND RECREATION--FEB.2023 SERVICES 100-60-130-51102-16175 $ 556.50 240366 03/16/2023 BEST BEST & KRIEGER LLP FINANCE- FEB.2023 SERVICES 100-20-130-51102-12002 $ .53.00 240366 03/16/2023 BEST BEST & KRIEGER LLP CITY CLERK-FEB. 2023 SERVICES 100-10-130-51102-11060 $ 1,920.50 240366 03/16/2023 BEST BEST & KRIEGER LLP GOVERNMENT CLAIMS & LITIGATION MANAGEMENT FEB.2023 100-30-131-51102-1 1102 $ 4,603.50 240366 03/16/2023 BEST BEST & KRIEGER LLP COUNCIL MEETINGS & OFFICE IIOURS-FEB.2023 SERVICES 100-10-130-51102-11050 $ 13,478.00 240366 03/16/2023 BEST BEST & KRIEGER LLP CODE COMPLIANCE MATTERS--FEB.2023 SERVICES 100-40-130-51102-14200 $ 311.50 240366 03/16/2023 BEST BEST & KRIEGER LLP PUBLIC RECORES ACT/HANDLED BY ARC--FEB. 2023 100-10-130-51102-11060 $ 443.00 240366 03/16/2023 BEST BEST & KRIEGER LLP MACIAS, ANTONIA CASE NO.22PSCV01798 -FEB. 2023 403-60-131-51102-67038 $ 478.50 240366 03/16/2023 BEST BEST & KRIEGER LLP ADV.PALP.INC.CASE NO#22LBCV00726-FEB.2023 SERVICES 403-50-131-51102-67039 $ 1,221.00 240366 03/16/2023 BEST BEST & KRIEGER LLP CASE NO.22PSCV03108-FEB.2023SERVICES 403-10-131-51102-67040 $ 330.00 240368 03/16/2023 CAL BLEND SOILS INC BULK LANDSCAPE PRODUCTS 251-50-560-53100-00000 $ 764.58 240369 03/16/2023 CELIDA DIAZ GARIBALDO ARPA SENIOR TRIPS & EVENTS REIM FOR MARCH,2, 2023 275-60-726-53370-16074 $ 31.00 240370 03/16/2023 CONVERGEONE, INC. OETC SURVEILLANCE SYSTEM FOR POLICE DEPT, 275-60-765-58110-53006 $ 125,064.78 240371 03/16/2023 CPRS DISTRICT XIII REGISTRATION FEE FOR CPRS AWARDS & INSTALLATION 100-60-610-53330-00000 $ 240.00 240371 03/16/2023 CPRS DISTRICT XIII REGISTRATION FEE FOR CPRA AWARDS & INSTALLATION 100-60-640-53330-00000 $ 80.00 240371 03/16/2023 CPRS DISTRICT XIII REGISTRATION FEE -CPRS AWARDS INSTALLATION DINNER 100-60-640-53330-00000 $ 40.00 240372 03/16/2023 DIRECT ENERGY MARKETING INC. ENERGY COST FOR JANUARY 2023 450-00-000-53130-00000 $ 54.46 240373 03/16/2023 DUO DK. INC DRY CLEANING SERVICES USED FOR TABLE COVER 2/21/23 501-60-000-22327-00000 $ 84.00 240374 03/16/2023 EDWIN CARL SMITH TILE PLAQUES FOR CITY OF WEST COVINA 100TH ANNIVER 100- 10- 100-53320-00000 $ 18.07 240375 03/16/2023 ELVIRA SANCHEZ ARPA BASIC SUBSIDY REIM PROGRAM FOR WEEK#21424 275-60-734-53370-16077 $ 195.00 240376 03/16/2023 ESTHER SANCHEZ ARPA SENIOR TRIPS & EVENTS REIM FOR MARCH,2, 2023 275-60-726-53370-16074 $ 31.00 240377 03/16/2023 ESTHER SOILS ARPA SENIOR TRIPS & EVENTS REIM FOR MARCH,2, 2023 275-60-726-53370-16074 $ 31.00 240378 03/16/2023 EVAN MARTIN PER DIEM FOR PD MANAGEMENT COURSE FOR 4/16-20/2023 501-30-000-22410-00000 $ 333.00 240379 03/16/2023 EWING IRRIGATION, INC. IRRIGATION SUPPLIES 251-50-562-53100-00000 $ 546.34 240380 03/16/2023 F. M. THOMAS AIR CONDITIONING, INC. PARTIAL PERMIT REFUND FOR 1201 BALDWIN PARK BLVD. 100-40-000-43400-00000 $ 2,185.00 240381 03/16/2023 FRANK HARD ARPA SENIOR TRIPS & EVENTS REIM FOR MARCH,2, 2023 275-60-726-53370-16074 $ 31.00 240382 03/16/2023 FRONTIER COMMUNICATIONS TELEPHONE USAGE LOCAL CALLS FOR FEB. 2023 401-10-141-53403-11506 $ 1,587.02 240383 03/16/2023 GRACIELA BANUELOS ARPA SENIOR TRIPS & EVENTS REIM FOR MARCH,2, 2023 275-60-726-53370-16074 $ 31.00 240384 03/16/2023 HER MEDIA, LLC PUBLIC NOTICE -ANNUAL ACTION PLAN & HOME ARP 220-40-420-53330-14700 $ 248.00 240385 03/16/2023 HUGHES NETWORK SYSTEMS LLC INSTALLATION & SERVICE FOR 2/25//2023-3/25/2023 244-50-520-58100-15507 $ 665.26 240386 03/16/2023 INDUSTRIAL CLEANING SYSTEMS REPAIR OF PRESSURE WASHER ON 2/27/2023 245-50-581-53371-15510 $ 674.96 240387 03/16/2023 ISRAEL RODAS REIM FOR ICI CORE CORSE FOR 4/24/2023-5/5/2023 501-30-000-22410-00000 $ 110.00 240388 03/16/2023 JAIME VALLES ARPA SENIOR TRIPS & EVENTS REIM PROGRAM MAR 2, 23 275-60-726-53370-16074 $ 31.00 240389 03/16/2023 JANICE VALDEZ PER DIEM -- BACKGROND INVESTIGATION COURSE 4.24-27 501-30-000-22410-00000 $ 44.00 240390 03/16/2023 JASON WONG REIM OF RENTAL DEPOSIT FOR WALNUJT CREEK PARK 3/4 501-60-000-22333-00000 $ 150.00 240391 03/16/2023 JOHN LHUNTER & ASSOCIATES INC NPDES VALUE ENGINEERING SERVICES FOR JAN. 2023 258-50-520-58100-55001 $ 165.00 240392 03/16/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION PROFESSIONAL SERVICES RENDERED CANNIBAS FOR FEB.23 100-40-131-51102-14070 $ 3,485.00 240392 03/16/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION PROFESSIONAL SERVICES RENDERED CANNIBAS FOR FEB.23 100-40-131-51102-14070 $ 1,520.00 240392 03/16/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION PROFESSIONAL SERVICES RENDERED CANNIBAS FOR FEB.23 100-40-131-51102-14070 $ 9,595.80 240392 03/16/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION PROFESSIONAL SERVICES RENDERED CANNIBAS FOR FEB.23 100-40-131-51102-14070 $ 3,515.00 240392 03/16/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION PROFESSIONAL SERVICES RENDERED CANNIBAS FOR FEB.23 100-40-131-51102-14070 $ 4,565.00 240392 03/16/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION PROFESSIONAL SERVICES RENDERED CANNIBAS FOR FEB.23 100-40-131-51102-14070 $ 4,085.00 240393 03/16/2023 LEAGUE OF CALIFORNIA CITIES MEMBERSHIP DUES FOR CALENDAR YEAR 2023 100-25-299-53330-00000 $ 22,569.00 240394 03/16/2023 LIFTOFF LLC OFFICE 365 G & AZURE AD PREEM 9 MONTHS LICENSES 401-10-140-51100-00000 $ 1,413.00 240395 03/16/2023 LORENZA CHID ARPA SENIOR TRIPS & EVENTS REIM FOR MARCH,2, 2023 275-60-726-53370-16074 $ 62.00 240396 03/16/2023 LOURDES MIRANDA ARPA SENIOR TRIPS & EVENTS REIM FOR MARCH,2, 2023 275-60-726-53370-16074 $ 31.00 Page 8 of 14 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 240397 03/16/2023 LUIS FREGOSO CONTRACT SERVICES FOR 2/13/2023-3/202023 501-60-000-22328-00000 $ 168.75 240398 03/16/2023 MARIA ANGELES GODOY ARPA SENIOR TRIPS & EVENTS REIM PROGRAM MAR 2,2023 275-60-726-53370-16074 $ 31.00 240399 03/16/2023 MARIA DE LOURDES MACIAS ARPA SENIOR TRIPS & EVENTS REIM FOR MARCH,2, 2023 275-60-726-53370-16074 $ 31.00 240400 03/16/2023 MELANIE K. MONTEZ ARPA BASIC SUBSIDY REIM PROGRAM FOR WEEK#21424 275-60-734-53370-16077 $ 414.00 240401 03/16/2023 MERCEDES BELTRAN ARPA SENIOR TRIPS & EVENTS REIM FOR MARCH,2, 2023 275-60-726-53370-16074 $ 31.00 240402 03/16/2023 MIKE SALAS FOR EASTER BASKETS FOR SPRING TEST 100-60-610-51101-16152 $ 740.53 240402 03/16/2023 MIKE SALAS MATERIALS & SUPPLIES FOR COMMUNITY CENTER PRINTER 100-60-610-53100-00000 $ 44.86 240402 03/16/2023 MIKE SALAS MATERIALS & SUPPLIES FOR BALCK IIISTORY 2/25/2023 501-60-000-22328-00000 $ 61.23 240404 03/16/2023 ST. JOHN TILE BAPTIST SCHOOL 29TH ANNUAL FASHION SHOW 3/4/2023 100-10-100-53350-61000 $ 775.00 240405 03/23/2023 ARIZONA MACHINERY LLC REPAIR TO THE GATOR 402-50-590-53371-00000 $ 2,660.25 240406 03/23/2023 DAVID LEON PER DIEM POLICE MNGMT COURSE 4/23-4/28/23 501-30-000-22410-00000 $ 407.00 240407 03/23/2023 NANETTE MARTINEZ REIMBURSEMENT OF RENTAL DEPOSIT 3/11/2023 501-60-000-22333-00000 $ 300.00 240408 03/23/2023 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES 254-50-550-53100-15705 $ 6.76 240408 03/23/2023 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES 254-50-550-53100-15705 $ 65.63 240408 03/23/2023 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR COMM CNTR 100-60-610-53100-00000 $ 4.36 240408 03/23/2023 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR COMM CNTR 100-60-610-53100-00000 $ 2.18 240409 03/23/2023 OCTAVIO A. RAMIREZ CANCELLED SR CNTR TRIP TO OLVERA ST 501-60-000-22327-00000 $ 20.00 240410 03/23/2023 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 100-10-150-53390-00000 $ 212.49 240410 03/23/2023 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 100-10-150-53390-00000 $ 73.26 240410 03/23/2023 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES - TONER 401-10-141-53100-11505 $ 126.71 240411 03/23/2023 RAFAEL ORNELAS HERNANDEZ MUSIC ENTERTAINMENT FOR APRIL SR DANCE 275-60-726-51101-16074 $ 738.00 240412 03/23/2023 RAQUEL A. URBINA CANCELLED SR CNTR TRIP TO OLVERA ST 501-60-000-22327-00000 $ 10.00 240413 03/23/2023 REGIONAL TAP SERVICE CENTER TAP BUS PASSES SOLD AT COMM CNTR 100-00-000-20014-00000 $ 40.00 240414 03/23/2023 RON GARCIA TO PRE -PAY CEQA 100-40-000-42412-14070 $ 76.75 240415 03/23/2023 RUFINO FERNANDEZ CANCELLED SR CNTR TRIP TO OLVERA ST 501-60-000-22327-00000 $ 10.00 240416 03/23/2023 SAN GABRIEL VALLEY EXAMINER LEGAL ADVERTISEMENT BPCOI & BPCO2 100-25-299-53330-00000 $ 533.50 240417 03/23/2023 SHARON GRACE SANCHEZ CONTRACT SRVCS YOGA CLASSES 2/6-3/4/23 501-60-000-22328-00000 $ 404.00 240418 03/23/2023 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CNTR 501-60-000-22327-00000 $ 59.96 240418 03/23/2023 SMART & FINAL MATERIALS & SUPPLIES FOR SENIOR CNTR 501-60-000-22327-00000 $ 50.15 240418 03/23/2023 SMART & FINAL MATERIALS & SUPPLIES FOR SR CNTR 501-60-000-22327-00000 $ 22.95 240418 03/23/2023 SMART & FINAL MATERIALS & SUPPLIES FOR SR CNTR 501-60-000-22327-00000 $ 125.19 240418 03/23/2023 SMART & FINAL MATERIALS & SUPPLIES BLK HIST MONTH 501-60-000-22328-00000 $ 242.60 240418 03/23/2023 SMART & FINAL MATERIALS & SUPPLIES OP HERO HOME RESTRN 501-60-000-22328-00000 $ 134.13 240418 03/23/2023 SMART & FINAL MATERIALS & SUPPLIES FOR BASIC FROG 100-60-650-53100-00000 $ 27.10 240419 03/23/2023 SOCORRO O. VILLAGOMEZ CANCELLED SR CNTR TRIP TO OLVERA ST 501-60-000-22327-00000 $ 10.00 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON SPRINKLER 13928 1/4 RAMONA BLVD 1/18-2/14/2023 251-50-560-53401-00000 $ 19.51 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC SIGNALS 14204 OHIO ST 2/8-3/8/2023 251-50-530-53401-00000 $ 81.90 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON CITY BUILDINGS 02/08-03/08/2023 100-60-620-53401-00000 $ 972.83 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON ST LIGHTS 14352 1/2 OHIO ST 02/08-03/08/23 251-50-530-53401-00000 $ 65.76 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON ST LIGHT 13911 1/2 LOS ANGELES ST 02/09-03/09/2023 251-50-530-53401-00000 $ 60.23 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON ST LIGHTS 14006 1/2 LOS ANGELES ST 2/9-3/9/23 251-50-530-53401-00000 $ 63.11 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON TRAFFIC SIGNALS 14104 LOS ANGELES ST 2/9-3/9/2023 251-50-530-53401-00000 $ 74.43 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON CITY BLDG 14747 1/2 RAMONA BLVD 100-60-620-53401-00000 $ 2,347.31 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON CITY BUILDINGS TRANSIT CTR 3821 BOGART AVE A 100-60-620-53401-00000 $ 4,830.05 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON CITY BLDGS RED CAR BUILDINGS 02/10-3/12/23 100-60-620-53401-00000 $ 146.52 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON ST LIGHTS 3035 1/2 BALDWIN PARK 02/13-3/14/2023 251-50-530-53401-00000 $ 30.94 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON TINY HOMES 14173 GARVEY AVE 2/14-3/15/2023 501-50-000-22000-55003 $ 2,107.96 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON SPRINKLERS 12/28/2021-02/26/2023 251-50-560-53401-00000 $ 589.54 240420 03/23/2023 SOUTHERN CALIFORNIA EDISON CITY BUILDINGS 12/28-02/26/2023 100-60-620-53401-00000 $ 19,052.60 240421 03/23/2023 SPARKLETTS MATERIALS & SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 $ 1,574.00 240422 03/23/2023 SUNBELT RENTALS CHRSTMS PARADE TRLR RENTAL 12/1/22 501-60-000-22328-00000 $ 109.13 240422 03/23/2023 SUNBELT RENTALS CHRSTMS PARADE TRLR RENTAL 12/7/22 501-60-000-22328-00000 $ 109.13 240423 03/23/2023 TERESA GRAY CANCELLED SR CNTR TRIP TO OLVERA ST 501-60-000-22327-00000 $ 10.00 240424 03/23/2023 TERMINIX EXTERMINATOR SRVCS ON 2/7/23 100-60-620-53371-00000 $ 75.00 240424 03/23/2023 TERMINIX EXTERMINATOR SRVCS ON 2/7/23 100-60-620-53371-00000 $ 25.50 240424 03/23/2023 TERMINIX EXTERMINATOR SRVCS ON 2/7/23 252-60-620-53371-00000 $ 82.50 240424 03/23/2023 TERMINIX EXTERMINATOR SRVCS ON 2/7/23 252-60-620-53371-00000 $ 50.00 Page 9 of 14 Payment Number 240424 240424 240424 240424 240425 240426 240427 240427 240427 240428 240429 240429 240429 240429 240429 240429 240429 240429 240429 240429 240429 240429 240429 240430 240431 240432 240432 240432 240432 240432 240432 240432 240433 240433 240434 240434 240435 240436 240437 240437 240437 240437 240437 240437 240437 240437 240437 240438 240439 240440 240440 240440 240440 240441 240442 240443 240443 Payment Date 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 03/23/2023 Vendor Name TERMINIX TERMINIX TERMINIX TERMINIX THE HAPPY KEY UNITED ROCK PRODUCTS CORPORATION USA ALARM SYSTEMS, INC. USA ALARM SYSTEMS, INC. USA ALARM SYSTEMS, INC. VALLEY COUNTY WATER DIST VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS VERIZON WIRELESS WALLTERS WHOLESALE ELECTRIC CO. WASTE MANAGEMENT COLLECTION AND RECYCLING, INC HOME DEPOT HOME DEPOT HOME DEPOT HOME DEPOT HOME DEPOT HOME DEPOT HOME DEPOT PREMIERE FUELING SERVICES INC PREMIERE FUELING SERVICES INC RICOH USA INC RICOH USA INC SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS SCHINDLER ELEVATOR CORPORATION SMART & FINAL SMART & FINAL SMART & FINAL SMART & FINAL SMART & FINAL SMART & FINAL SMART & FINAL SMART & FINAL SMART & FINAL TPX COMMUNICATIONS CO UNITED ROTARY BRUSH CORP VALLEY COUNTY WATER DIST VALLEY COUNTY WATER DIST VALLEY COUNTY WATER DIST VALLEY COUNTY WATER DIST VERIZON WIRELESS AGRISERVE PEST CONTROL INC AIR EFFICIENCY SERVICES ANDREW DIAZ AIR EFFICIENCY SERVICES ANDREW DIAZ Description (Item) EXTERMINATOR SRVCS ON 2/7/23 EXTERMINATOR SRVCS ON 2/2/23 EXTERMINATOR SRVCS ON 2/2/23 EXTERMINATOR SRVCS ON 2/8/23 REPLACEMENT OF KEYS FOR UNIT # 5071 MATERIALS & SUPPLIES ROCK DUST FOR THE FRANCISQUIT FIRE ALARM SYSTM MONITORING SVCS 3/1-3/31/23 FIRE ALARM SYSTM MONITORING SVCS 3/1-3/31/23 FIRE ALARM SYSTM MONITORING SVCS 3/1-3/31/23 ST SWEEPING 1/31-02/28/2023 DEPARTMENT CELL PHONE USAGE 1/22-02/21/2023 CELL PHONE SERVICES 01/22-02/21/2023 CELL PHONE SERVICES 01/22-02/21/2023 CELL PHONE SERVICES 01/22-02/21/2023 CELL PHONE SERVICES 01/22-02/21/2023 CELL PHONE SERVICES 01/22-02/21/2023 CELL PHONE SERVICES 01/22-02/21/2023 CELL PHONE SERVICES 01/22-02/21/2023 CELL PHONa SERVICES 01/22-02/21/2023 MONTHLY BILL 1/22-2/21/23 MONTHLY BILL 1/22-2/21/23 MOBILE SRVCS CHARGES 1/22/23-2/21/23 MOBILE SRVCS CHARGES 1/22/23 - 2/21/23 MATERIALS & SUPPLIES FOR BLDG MAINT WASTE SERVICE 14403 PACIFIC AVE MATERIALS & SUPPLIES FOR LANDSCAPE MAINTENANCE MATERIALS & SUPPLIES FOR LANDSCAPE MAINTENANCE SPECIALIZED SPRAY PAINTS & COLORED PAINTS SPECIALIZED SPRAY PAINTS & COLORED PAINTS MISCELLANEOUS SUPPLIES FOR IRRIGATION REPAIRS MATERIALS & SUPPLIES FOR LANDSCAPE MAINTENANCE MATERIALS & SUPPLIES FOR LANDSCAPE MAINTENANCE MAINTENANCE AND REPAIRS FOR PUMPS AND MAINTENANCE AND REPAIRS FOR PUMPS AND MAINTENANCE FOR 3 RICOH COPIERS LEASE FOR 3 RICOH COPIERS REGIONAL FOOD RECOVERY SERVICES QUARTERLY BILLING FOR MAINTENANCE OF TO REPLACED CHECK # 238928 LOST IN THE MAIL TO REPLACED CHECK # 238928 LOST IN THE MAIL TO REPLACED CHECK # 238928 LOST IN THE MAIL TO REPLACED CHECK # 238928 LOST IN THE MAIL TO REPLACED CHECK # 238928 LOST IN THE MAIL TO REPLACED CHECK # 238928 LOST IN THE MAIL TO REPLACED CHECK # 238928 LOST IN THE MAIL TO REPLACED CHECK # 238928 LOST IN THE MAIL TO REPLACED CHECK # 238928 LOST IN THE MAIL LOCAL, LONG DISTANCE TELEPHONE AND PARTS FOR CITY STREET SWEEPER WATER COST WATER COST WATER COST WATER COST CELLULAR AND TABLET SERVICE RODENT CONTROL FOR ALL PARKS MAINTENANCE OF REFRIGERATORS & ICE MACHINE 3/7/23 MAINTENANCE OF REFRIGERATORS & ICE MACHINE 3/7/23 Account Number Amount 252-60-620-53371-00000 $ 45.00 100-60-620-53371-00000 $ 147.00 100-60-620-53371-00000 $ 62.00 252-60-620-53371-00000 $ 132.00 402-50-590-53100-00000 $ 16.00 240-50-551-53100-15705 $ 137.42 100-60-620-58140-00000 $ 973.34 100-60-620-58140-15100 $ 245.00 252-60-620-58140-00000 $ 973.33 251-50-562-53402-00000 $ 72.39 100-30-310-53403-00000 $ 1,102.28 100-60-610-53403-00000 $ 120.22 100-60-610-53403-00000 $ (27.81) 100-60-620-53403-00000 $ 161.76 100-60-630-53403-00000 $ 80.88 100-60-640-53403-00000 $ 118.89 100-60-650-53403-00000 $ 118.89 100-60-660-53403-00000 $ 40.44 100-60-680-53403-00000 $ 78.45 100-40-405-53403-00000 $ 49.87 220-40-420-53403-14700 $ 49.87 100-40-450-53403-00000 $ 141.54 100-40-460-53403-00000 $ 265.16 252-60-620-53100-00000 $ 23.54 100-30-340-51101-00000 $ 100.00 251-50-560-53100-00000 $ 65.66 251-50-560-53100-00000 $ 107.85 245-50-570-53100-14885 $ 36.10 245-50-570-53100-14885 $ 537.93 251-50-571-53100-00000 $ 469.17 251-50-560-53100-00000 $ 21.77 251-50-560-53100-00000 $ 169.77 402-50-590-53371-00000 $ 125.00 402-50-591-53371-00000 $ 125.00 401-10-141-53371-11504 $ 67.46 401-10-141-58140-11504 $ 710.12 270-50-540-51101-15007 $ 30,802.84 245-60-620-53371-15882 $ 5,965.01 100-60-630-53100-00000 $ 107.06 100-60-630-53100-00000 $ 36.47 100-60-610-51101-16149 $ 224.18 100-60-610-53100-00000 $ 48.86 100-60-630-53100-00000 $ 17.98 100-60-610-53100-00000 $ 41.37 100-60-610-53100-00000 $ 75.83 100-60-630-53100-00000 $ 61.60 100-60-630-53100-00000 $ 35.96 401-10-141-53403-11506 $ 6,839.70 246-50-552-53100-15005 $ 793.60 251-50-560-53402-00000 $ 6,842.80 252-60-620-53402-00000 $ 3,425.26 100-60-620-53402-00000 $ 2,006.53 254-60-620-53402-15882 $ 500.63 246-50-540-53403-15005 $ 210.55 251-50-560-51101-00000 $ 185.00 252-60-620-53371-00000 $ 850.00 252-60-620-53371-00000 $ 589.96 Page 10 of 14 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 240443 03/23/2023 AIR EFFICIENCY SERVICES ANDREW DIAZ MAINTENANCE OF REFRIGERATORS & ICE MACHINE 3/7/23 100-60-620-53371-00000 $ 1,702.48 240444 03/23/2023 ALEC'S PIZZERIA, INC. FOOD PURCHASED FOR BASIC PROGRAM ON 2/14/2023 100-60-650-53100-00000 $ 153.28 240445 03/23/2023 ALL CITY MANAGEMENT SERVICES, INC CROSSING GUARD SERVICES FOR 11/27/2022-12/10/2022 100-30-390-51100-13200 $ 14,312.41 240445 03/23/2023 ALL CITY MANAGEMENT SERVICES, INC CROSSING GUARD SERVICES FOR 2/5/2023-2/18/2023 100-30-390-51100-13200 $ 13,320.75 240445 03/23/2023 ALL CITY MANAGEMENT SERVICES, INC CROSSING GUARD SERVICES FOR 2/19/2023-3/4/2023 100-30-390-51100-13200 $ 13,470.00 240446 03/23/2023 ANA KARINA RUEDA REIMBURSEMENT FOR SUPPLIES, SNACKS & REFRESHMENTS 100-10-150-53100-11100 $ 177.07 240447 03/23/2023 ANTHONY VAZQUEZ REIM FOR PAPA RENEWAL OF MEMBERSIIIP FOR 2023 &2024 240-50-550-53330-15705 $ 100.00 240448 03/23/2023 ANTONIA MACIAS REFUND FOR SENIOR CENTER TRIP CANCELLATION 501-60-000-22327-00000 $ 10.00 240449 03/23/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES FEB. 2023 402-50-590-53100-00000 $ 276.77 240449 03/23/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES FEB. 2023 254-50-550-53100-15705 $ 82.26 240449 03/23/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES FEB. 2023 402-50-590-53100-00000 $ 247.01 240449 03/23/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES FEB. 2023 254-50-550-53100-15705 $ 82.26 240449 03/23/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES 254-50-550-53100-15705 $ 103.71 240449 03/23/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES FEB. 2023 402-50-590-53100-00000 $ 148.48 240449 03/23/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES 254-50-550-53100-15705 $ 88.42 240449 03/23/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES FEB. 2023 254-50-550-53100-15705 $ 290.06 240449 03/23/2023 ARAMARK UNIFORM SERVICES UNIFORM SUPPLIES FOR SEIU EMPLOYEES FEB. 2023 254-50-550-53100-15705 $ 84.02 240450 03/23/2023 ARCHITERRA INC ASSIST IN TIIE REVIEW OF LANDSCAPING 1/25-2/24/2023 100-40-000-22350-14135 $ 718.75 240451 03/23/2023 AT&T PHONE & WIRLESS SERVICE FOR MAR. 2023 100-30-340-53403-00000 $ 1,236.53 240451 03/23/2023 AT&T FRAME RELAY FOR MOBILE DATA COMPUTER IN PD VEHICLE 100-30-340-53403-00000 $ 1,441.69 240451 03/23/2023 AT&T FRAME RELAY FOR MOBILE DATA COMPUTER IN POLICE 100-30-340-53403-00000 $ 1,441.69 240452 03/23/2023 AT&T MOBILITY PHONE & WIRLESS SERVICE FOR MAR. 2023 100-30-340-53403-00000 $ 1,622.48 240453 03/23/2023 B&B TIRE SERVICE REPAIR TO TIRES ON 5071 & STOCK MOUNTS--2/28/2023 402-50-590-53371-00000 $ 170.00 240453 03/23/2023 B&B TIRE SERVICE REPAIR TO TIRES ON 5071 & STOCK MOUNTS--3/l/2023 402-50-590-53371-00000 $ 1,631.70 240453 03/23/2023 B&B TIRE SERVICE REPAIR TO TIRES ON 5071 & STOCK MOUNTS--3/2/2023 402-50-590-53371-00000 $ 1,631.70 240454 03/23/2023 BENLO R.V. SERVICES MATERIAL AND SUPPLIES FOR POLICE TRAILER 402-50-591-53100-00000 $ 113.31 240454 03/23/2023 BENLO R.V. SERVICES MATERIAL AND SUPPLIES FOR POLICE TRAILER 402-50-591-53100-00000 $ 15.32 240454 03/23/2023 BENLO R.V. SERVICES MATERIAL AND SUPPLIES FOR POLICE TRAILER 402-50-591-53100-00000 $ 24.14 240455 03/23/2023 BEST BEST & KRIEGER LLP ADMINISTRATION/CITY COUNCIL DEC.2022 SERVICES 100-10-130-51102-11102 $ 556.50 240455 03/23/2023 BEST BEST & KRIEGER LLP HUMAN RESOURCES DEC.2022 SERVICES 100-10-130-51102-1 1103 $ 689.00 240455 03/23/2023 BEST BEST & KRIEGER LLP COMMUNITY DEVELOPMENT DEC. 2022 SERVICES 100-40-130-51102-14200 $ 2,703.00 240455 03/23/2023 BEST BEST & KRIEGER LLP POLICE DEPARTMENT DEC. 2022 SERVICES 100-30-130-51102-13405 $ 689.00 240455 03/23/2023 BEST BEST & KRIEGER LLP PUBLIC WORKS DEC.2022 SERVICES 100-50-130-51102-15080 $ 848.00 240455 03/23/2023 BEST BEST & KRIEGER LLP PARKS AND RECREATION DEC. 2022 SERVICES 100-60-130-51102-16175 $ 371.00 240455 03/23/2023 BEST BEST & KRIEGER LLP FINANCE DEC. 2022 SERVICES 100-20-130-51102-12002 $ 185.50 240455 03/23/2023 BEST BEST & KRIEGER LLP CITY CLERK DEC. 2022 SERVICES 100-10-130-51102-11060 $ 11,519.00 240455 03/23/2023 BEST BEST & KRIEGER LLP GOVERNMENT CLAIMS & LIGITATION MANAGEMENT DEC.2022 100-30-131-51102-1 1102 $ 7,837.00 240455 03/23/2023 BEST BEST & KRIEGER LLP COUNCIL MEETINGS & OFFICE HOURS DEC. 2022 SERVICES 100-10-130-51102-11050 $ 7,292.26 240455 03/23/2023 BEST BEST & KRIEGER LLP TELECOMMUNICATIONS MATTERS DEC. 2022 SERVICES 100-10-131-51102-11050 $ 1,732.50 240455 03/23/2023 BEST BEST & KRIEGER LLP LITIGATION -GENERAL DEC. 2022 SERVICES 100-30-131-51102-1 1102 $ 2,079.00 240455 03/23/2023 BEST BEST & KRIEGER LLP BALLOT MEASURES JAN. 2023 SERVICES 100-10-130-51102-11432 $ 4,356.00 240455 03/23/2023 BEST BEST & KRIEGER LLP ADMINISTRATION/CITY COUNCIL JAN.2023 SERVICES 100-10-130-51102-1 1102 $ 4,187.00 240455 03/23/2023 BEST BEST & KRIEGER LLP HUMAN RESOURCE JAN. 2023 SERVICES 100-10-130-51102-1 1103 $ 185.50 240455 03/23/2023 BEST BEST & KRIEGER LLP COMMUNITY DEVELOPMENT JAN. 2023 SERVICES 100-40-130-51102-14200 $ 1,616.50 240455 03/23/2023 BEST BEST & KRIEGER LLP POLICE DEPARTMENT JAN. 2023 SERVICES 100-30-130-51102-13405 $ 662.50 240455 03/23/2023 BEST BEST & KRIEGER LLP PUBLIC WORKS JAN. 2023 SERVVCES 100-50-130-51102-15080 $ 689.00 240455 03/23/2023 BEST BEST & KRIEGER LLP PARK AND RECREATION JAN. 2023 SERVICES 100-60-130-51102-16175 $ 397.50 240455 03/23/2023 BEST BEST & KRIEGER LLP CITY CLERK JAN. 2023 SERVVCES 100-10-130-51102-11060 $ 4,731.50 240455 03/23/2023 BEST BEST & KRIEGER LLP GOVERNMENT CLAIMS & LITIGATION MANAGEMENT JAN.2023 100-30-131-51102-1 1102 $ 8,084.50 240455 03/23/2023 BEST BEST & KRIEGER LLP COUNCIL MEETINGS & OFFICE HOURS JAN. 2023 SERVICES 100-10-130-51102-11050 $ 6,861.38 240455 03/23/2023 BEST BEST & KRIEGER LLP CODE COMPLIANCE MATTERS JAN. 2023 SERVICES 100-40-130-51102-14200 $ 1,371.50 240455 03/23/2023 BEST BEST & KRIEGER LLP TELECOMMUNICATIONS MATTERS JAN. 2023 SERVICES 100-10-131-51102-11050 $ 1,320.00 240455 03/23/2023 BEST BEST & KRIEGER LLP LITIGATION -GENERAL JAN, 2023 SERVICES 100-30-131-51102-1 1102 $ 198.00 240455 03/23/2023 BEST BEST & KRIEGER LLP MACIAS, ANTONIA CASE#22PSCV01798 JAN.2023 SERVICES 403-60-131-51102-67038 $ 2,953.50 240455 03/23/2023 BEST BEST & KRIEGER LLP THIRD PARTY REIMBURSABLE(PLACEHOLDER ONLY) JAN.23 100-10-131-51102-11050 $ 280.00 240457 03/23/2023 BLACK & WHITE EMERGENCY VEHICLES, LLC MAINTENANCE AND REPAIR TO UNIT 28 ON 2/28/2023 402-50-591-53371-00000 $ 104.08 240457 03/23/2023 BLACK & WHITE EMERGENCY VEHICLES, LLC EMERGENCY REPAIRS TO POLICE VEHICLES 402-50-591-53371-00000 $ 69.87 Page 11 of 14 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 240457 03/23/2023 BLACK & WHITE EMERGENCY VEHICLES, I LC MAINTENANCE AND REPAIR TO UNIT 28 ON 3/2/2023 402-50-591-53371-00000 $ 18.37 240458 03/23/2023 BLANCA MAHE REFUND FOR SENIOR CENTER TRIP CANCELLATION 501-60-000-22327-00000 $ 10.00 240459 03/23/2023 BLUESKY DIVERSIFIED INC. SERVICE FOR VEHICLES FOR 3/2/2023 402-50-590-53371-00000 $ 15.20 240460 03/23/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 $ 207.13 240460 03/23/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE, VEHICLES 402-50-591-53100-00000 $ 62.98 240460 03/23/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE, VEHICLES 402-50-591-53100-00000 $ 75.32 240460 03/23/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 243.10 240460 03/23/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 50.87 240460 03/23/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 34.71 240460 03/23/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 270.11 240460 03/23/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 70.12 240461 03/23/2023 CHARTER COMMUNICATIONS DATA CONNECTION FOR RADIO SYSTEMS FOR FEB.2023 100-30-310-53403-00000 $ 421.42 240462 03/23/2023 CINTAS FIRST AID & SAFETY FIRST AID/SAFETY CITY PIALL,SERVICE ACKNOWLEDGEMENT 100-10-150-51100-00000 $ 197.18 240462 03/23/2023 CINTAS FIRST AID & SAFETY FIRST AID & SERVICE ACKNOWLEDGEMENT, AED CHECK 100-10-150-51100-00000 $ 384.94 240462 03/23/2023 CINTAS FIRST AID & SAFETY FIRST AID & SERVICE ACKNOWLEDGEMENT, AED CHECK 100-10-150-51100-00000 $ 226.57 240462 03/23/2023 CINTAS FIRST AID & SAFETY FIRST AID & SERVICE ACKNOWLEDGEMENT, AED CHECK 100-10-150-51100-00000 $ 35.48 240462 03/23/2023 CINTAS FIRST AID & SAFETY SUPPLIED TIIE FIRST AID KIT IN CITY YARD & MECHANIC 254-50-550-53100-15705 $ 176.80 240462 03/23/2023 CINTAS FIRST AID & SAFETY SUPPLIED TIIE FIRST AID KIT IN CITY YARD & MECHANIC 402-50-590-53100-00000 $ 176.80 240463 03/23/2023 CONCENTRA HEALTH SERVICES, INC PHYS EXAM FOR JECRICK I. & SHIRLEY Q. 100-10-150-51101-00000 $ 242.00 240463 03/23/2023 CONCENTRA HEALTH SERVICES, INC CAMARENA, GABRIEL V PRE PHYSICAL EXAM 100-10-150-51101-00000 $ 17.00 240464 03/23/2023 CORODATA RECORDS MANAGEMENT, INC. STORAGE OF FILES FOR 2/l/2023-2/28/2023 100-10-120-51101-00000 $ 56.55 240465 03/23/2023 COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE & ANIMAL CONTROL SERVICES FOR JANUARY 2023 100-30-390-51100-13250 $ 34,198.05 240466 03/23/2023 DAVID AVILA RENT UNDER SGVCO'S PREVENTION /DIVERSION HOMELESS 270-60-610-53370-16064 $ 1,400.00 240467 03/23/2023 DEYANIRA CALDERON REFUND FOR SENIOR CENTER TRIP CANCELLATION 501-60-000-22327-00000 $ 10.00 240468 03/23/2023 ECO CAR SPA CAR WASH FOR POLICE VEHICLES FOR FEBRUARY 2023 402-50-591-51101-00000 $ I13.00 240469 03/23/2023 EDGAR CRUZ ONSITE EXTERIOR WASHES OF POLICE VEHICLES 402-50-591-51101-00000 $ 2,418.00 240469 03/23/2023 EDGAR CRUZ ONSITE EXTERIOR WASHES OF POLICE VEHICLES 402-50-591-51101-00000 $ 2,480.00 240470 03/23/2023 FITS INTERNATIONAL, INC. HEAT & WILDFIRE SMOKE PROVENTION TRAINING 240-50-550-53350-15705 $ 198.33 240470 03/23/2023 FITS INTERNATIONAL, INC. HEAT & WILDFIRE SMOKE PROVENTION TRAINING 240-50-551-53200-15705 $ 198.34 240470 03/23/2023 EHS INTERNATIONAL, INC. HEAT & WILDFIRE SMOKE PREVENTION TRAINING 240-50-560-53200-00000 $ 198.34 240470 03/23/2023 EHS INTERNATIONAL, INC. HEAT & WILDFIRE SMOKE PROVENTION TRAINING 240-50-561-53200-00000 $ 198.33 240470 03/23/2023 EHS INTERNATIONAL, INC. HEAT & WILDFIRE SMOKE PROVENTION TRAINING 240-50-562-53200-00000 $ 198.33 240470 03/23/2023 EHS INTERNATIONAL, INC. HEAT & WILDFIRE SMOKE PROVENTION TRAINING 240-50-570-53200-00000 $ 198.33 240470 03/23/2023 EHS INTERNATIONAL, INC. HEAT & WILDFIRE SMOKE PROVENTION TRAINING 240-50-571-53200-00000 $ 198.33 240470 03/23/2023 EHS INTERNATIONAL, INC. HEAT & WILDFIRE SMOKE PROVENTION TRAINING 240-50-581-53200-00000 $ 198.33 240470 03/23/2023 EHS INTERNATIONAL, INC. HEAT & WILDFIRE SMOKE PROVENTION TRAINING 402-50-590-53200-00000 $ 198.34 240471 03/23/2023 ELISA G. TRUE ARPA SENIOR TRIPS & EVENTS REIM PROGRAM-2/16/2023 275-60-726-53370-16074 $ 20.00 240472 03/23/2023 EWING IRRIGATION, INC. IRRIGATION SUPPLIES 251-50-562-53100-00000 $ 6,354.16 240473 03/23/2023 EZEQUIEL CONTRERAS CONTRACT SERVICES TO KAE KWON DO CLASSES 2/21-3/16 501-60-000-22328-00000 $ 864.50 240474 03/23/2023 FEDEX OFFICE PRINTING SERVICES FOR BLACK HISTORY MONTH EVENT 501-60-000-22328-00000 $ 235.72 240475 03/23/2023 FEDEX OFFICE FOR TRANSPORTATION GROUND SERVICES MAR. 2023 100-40-000-22350-14134 $ 20.39 240476 03/23/2023 FERNANDO RUBIO PURCHASED CASE AND SHIELD PROTECTOR FOR IPHONE 246-50-540-53100-15705 $ 82.09 240477 03/23/2023 FRONTIER COMMUNICATIONS PHONE & WIRLESS SERVICE FOR FEB. 2023 100-30-340-53403-00000 $ 178.99 240478 03/23/2023 GGCG INC. INSTALLATION OF WIRE DOOR AT BARNES PARK 3/6/2023 100-60-620-53371-00000 $ 1,594.33 240478 03/23/2023 GGCG INC. INSTALLATION OF WIRE DOOR AT BARNES PARK 3/6/2023 252-60-620-53371-00000 $ 1,594.34 240479 03/23/2023 GREG RUVOLO ROOFING MAINTENANCE / REPAIRS AT SERENITY 270-50-595-53371-55023 $ 15,280.00 240480 03/23/2023 HONEYWELL INTERNATIONAL INC. MAINTENANCE CONTRACT FOR HVAC SYSTEM 100-60-620-53371-16100 $ 36,418.29 240481 03/23/2023 INTERSTATE BATTERIES BATTERY FOR PD AND CITY VEHICLES -STOCK 402-50-590-53100-00000 $ 156.96 240481 03/23/2023 INTERSTATE BATTERIES BATTERY FOR PD AND CITY VEHICLES -STOCK 402-50-590-53100-00000 $ 235.43 240481 03/23/2023 INTERSTATE BATTERIES BATTERY FOR PD AND CITY VEHICLES -STOCK 402-50-591-53100-00000 $ 392.39 240482 03/23/2023 IRMA GARCIA REIM-MATERIALS & SUPPLIES FOR SENIOR CENTER 501-60-000-22327-00000 $ 92.41 240483 03/23/2023 ISABEL MADA REFUND DUE TO SENIRO CENTER TRIP CANCELLATION 501-60-000-22327-00000 $ 10.00 240483 03/23/2023 ISABEL MADA REFUND DUE TO SENIOR CENTER TRIP CANCELLATION 501-60-000-22327-00000 $ 10.00 240484 03/23/2023 JANE SHEK ARPA RECREATION SUBSIDY REIM PROGRAM FY 2022-2023 275-60-734-53370-16070 $ 195.00 240485 03/23/2023 JC'S PLUMBING & BACKFLOW SVC PLUMBING REPAIRS AT CITY HALL ON 3/8/2023 100-60-620-53371-00000 $ 440.13 240486 03/23/2023 JORGE VIDAL LOPEZ REPAIR OF TRANSMISSION TO UNIT 5064 ON 3/1/2023 402-50-590-53371-00000 $ 973.58 240487 03/23/2023 JOSEFINA JURADO REFUND FOR SENIOR CENTER TRIP CANCELLATION 501-60-000-22327-00000 $ 10.00 Page 12 of 14 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 240488 03/23/2023 JOSEFINA SIORDIA ARPA SENIOR TRIPS & EVENTS REIM PROGRAM FOR 3/2/23 275-60-726-53370-16074 $ 62.00 240488 03/23/2023 JOSEFINA SIORDIA REFUND UE TO SENIOR CENTER TRIP CANCELLATION 501-60-000-22327-00000 $ 10.00 240489 03/23/2023 LION EXPRESS TRANSPORTATION SERVICES -SENIOR CENTER TRIP 1/13/23 275-60-726-51101-16074 $ 1,404.20 240490 03/23/2023 LORRAINE MENDEZ PREPARATION OF HUD REPORTS 221-40-470-51101-17057 $ 6,090.00 240491 03/23/2023 MARCO INDUSTRIES, INC STREET SWEEPER REPAIRS 3/1/2023 402-50-590-53371-00000 $ 1,417.42 240492 03/23/2023 MARIA DE LUZ VERA REFUND DUE TO SENIOR CENTER TRIP CANCELLATION 501-60-000-22327-00000 $ 15.00 240493 03/23/2023 MARIACHI LOS GALLITOS MUSIC ENTERTAINMENT FOR CINCO DE MAYO ON 5/4/2023 275-60-726-51101-16074 $ 650.00 240494 03/23/2023 MARIPOSA LANDSCAPES INC. LANDSCAPE SERVICES 251-50-560-51100-00000 $ 8,333.33 240495 03/23/2023 MAXIMO DE MATTA FABRICATION & INSTALLATION AT SENIOR CENTER 3/8/23 100-60-620-53371-00000 $ 1,995.00 240495 03/23/2023 MAXIMO DE MATTA FABRICATION & INSTALLATION AT SENIOR CENTER 3/8/23 252-60-620-53371-00000 $ 1,995.00 240496 03/23/2023 MIDWEST MOTOR SUPPLY GRAFFITI REMOVAL CHEMICAL 254-50-570-53100-14885 $ 284.35 240497 03/23/2023 MOORE, IACOFANO & GOLTZMAN INC PREPARE OBJECTIVE DESIGN STANDARDS FOR JAN.2023 270-40-440-51100-64000 $ 21,220.00 240498 03/23/2023 MOTOROLA SOLUTIONS, INC. 8/EA MOTOROLA APEX 8000 P25 PORTABLE RADIOS 205-30-310-58110-00000 $ 4,616.54 240498 03/23/2023 MOTOROLA SOLUTIONS, INC. 8/EA MOTOROLA APEX 8000 P25 PORTABLE RADIOS 271-30-310-58110-17215 $ 67,518.00 240499 03/23/2023 TONY GAMBOA PER DIEM FOR POST SUPERVISORY COURSE 3/6-17/2023 501-30-000-22410-00000 $ 110.00 240500 03/23/2023 TURN LE EDUCATION REIM FOR FY22-23 ELIGIBLE TO $2000.00 100-30-310-53210-00000 $ 1,177.00 DFT0006690 03/16/2023 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 $ 185.07 DFT0006691 03/16/2023 PERS-RETIREMENT PERS REDEPOSIT 100-00-000-21206-00000 $ 21.78 DFT0006692 03/16/2023 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 $ 15,017.74 DFT0006693 03/16/2023 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 $ 15,928.80 DFT0006694 03/16/2023 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 $ 11,339.87 DFT0006695 03/16/2023 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 $ 8,018.62 DFT0006716 03/16/2023 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 $ 14,763.59 DFT0006717 03/16/2023 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 $ 29,924.97 DFT0006718 03/16/2023 PERS-RETIREMENT PT PERS MISC CITY PAID 100-00-000-21256-00000 $ 1,158.31 DFT0006719 03/16/2023 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 $ 22,495.98 DFT0006720 03/16/2023 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 $ 14,112.73 DFT0006735 03/06/2023 MASSMUTUAL EMPOWER 100-00-000-21213-00000 $ 681.00 DFT0006741 03/06/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ (0.07) DFT0006742 03/06/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 19.72 DFT0006743 03/08/2023 MASSMUTUAL EMPOWER 100-00-000-21213-00000 $ 9,660.00 DFT0006748 03/08/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 5,250.00 DFT0006751 03/08/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 287.33 DFT0006752 03/08/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 505.98 DFT0006753 03/08/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 20.00 DFT0006755 03/09/2023 MASSMUTUAL EMPOWER 100-00-000-21213-00000 $ 12,090.00 DFT0006756 03/09/2023 MASSMUTUAL EMPOWER RETIREMENT 100-00-000-21213-00000 $ 2,118.03 DFT0006757 03/09/2023 MASSMUTUAL EMPOWER 100-00-000-21232-00000 $ 1,300.00 DFT0006758 03/09/2023 MASSMUTUAL EMPOWER 100-00-000-21232-00000 $ 590.79 DFT0006759 03/09/2023 AMERICAN FIDELITY ASSURANCE COMPANY FSA - AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 917.46 DFT0006779 03/09/2023 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 $ 3,603.66 DFT0006780 03/09/2023 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 $ 617.08 DFT0006781 03/09/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 118.10 DFT0006782 03/09/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 125.19 DFT0006783 03/09/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 30.51 DFT0006784 03/09/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 51.54 DFT0006785 03/09/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 3,467.86 DFT0006786 03/09/2023 MASSMUTUAL MASS MUTUAL CITY PAID 100-00-000-21257-00000 $ 2,475.00 DFT0006787 03/09/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 916.56 DFT0006798 03/09/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 77,201.85 DFT0006799 03/09/2023 INTERNAL REVENUE SERVICE SOCIAL SECURITY PAYMENT 100-00-000-21200-00000 $ 6,953.00 DFT0006800 03/09/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 21,383.64 DFT0006801 03/09/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 30,935.09 DFT0006805 03/09/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ (75.00) DFT0006806 03/09/2023 MASSMUTUAL MASS MUTUAL CITY PAID 100-00-000-21257-00000 $ 75.00 DFT0006808 03/09/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 11.00 DFT0006809 03/09/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 1.44 Page 13 of 14 Payment Number Payment Date Vendor Name Description (Item) Account Number DFT0006810 03/09/2023 STATE OF CALIFORNIA EMPLOYMENT STATE, INCOME TAX PAYMENT 100-00-000-21202-00000 DFT0006811 03/02/2023 S.E.I.U. LOCAL 721 JAN 2023 DUES PP# 01-02 100-00-000-21220-00000 DFT0006812 03/03/2023 S.E.I.U. LOCAL 721 FEB 2023 DUES PP#03-04 100-00-000-21220-00000 DFT0006812 03/03/2023 S.E.I.U. LOCAL 721 FEB 2023 DUES PP#03-04 100-00-000-21220-00000 DFT0006812 03/03/2023 S.E.I.U. LOCAL 721 FEB 2023 DUES PP#03-04 100-00-000-21220-00000 DFT0006870 03/23/2023 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 DFT0006871 03/23/2023 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 Grand Total: Amount $ 5.11 $ 1,458.54 $ 3.00 $ 100.00 $ 1,361.53 $ 3,603.66 $ 617.08 $ 3,438,611.92 Page 14 of 14 K F 'V 1• TO: Honorable Mayor and Members of the City Council �r HUB,0F THEE' FROM: Shirley Quinones, Chief Deputy City Clerk SAN GABRIEL10 DATE: April 5, 2023 DJANk) SUBJECT: Meeting Minutes SUMMARY The City Council held Finance Authority Board Meetings, Housing Authority Board Meetings, Special City Council Meetings and Regular City Council Meeting Meetings on December 7, 2022, December 21, January 18, 2023, February 1, 2023, February 15, 2023, and March 15, 2023. RECOMMENDATION It is recommended that the City Council approve the following meeting minutes: A. Meeting Minutes of the Special City Council Meeting held on December 7, 2022; and B. Meeting Minutes of the Special City Council, Finance Authority, Housing Authority, and Regular City Council Meeting held on December 21, 2023; and C. Meeting Minutes of the Special City Council, Finance Authority, Housing Authority, and Regular City Council Meeting held on January 18, 2023; and D. Meeting Minutes of the Special City Council and Regular City Council Meeting held on February 1, 2023; and E. Meeting Minutes of the Special City Council, Finance Authority, Housing Authority, and Regular City Council Meeting held on February 15, 2023; and F. Meeting Minutes of the Finance Authority, Housing Authority, and Regular City Council Meeting held on March 15, 2023. FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Not applicable. Page 1 / 2 DISCUSSION Not applicable. LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Special City Council Meeting Minutes of December 7, 2022 2. Special City Council Meeting Minutes of December 21, 2022 3. Finance Authority Meeting Minutes of December 21, 2022 4. Housing Authority Meeting Minutes of December 21, 2022 5. Regular City Council Meeting Minutes of December 21, 2022 6. Special City Council Meeting Minutes of January 18, 2023 7. Finance Authority Meeting Minutes of January 18, 2023 8. Housing Authority Meeting Minutes of January 18, 2023 9. Regular City Council Meeting Minutes of January 18, 2023 10. Special City Council Meeting Minutes of February 1, 2023 11. Regular City Council Meeting Minutes of February 1, 2023 12. Special City Council Meeting Minutes of February 15, 2023 13. Finance Authority Meeting Minutes of February 15, 2023 14. Housing Authority Meeting Minutes of February 15, 2023 15. Regular City Council Meeting Minutes of February 15, 2023 16. Finance Authority Meeting Minutes of March 15, 2023 17. Housing Authority Meeting Minutes of March 15, 2023 18. Regular City Council Meeting Minutes of March 15, 2023 Page 2 / 2 i These minutes are presented in . :, rda order. CALL TO ORDER The meeting was called to order at approximately 6:17 p.m. by Mayor Estrada INVOACTION The invocation was led by :Pastor Jackson, Pastor Flores, and Pastor Ismael PLEDGE OF ALLEGIANCE The pledge of allegiance was led by Mayor Estrada. NATIONAL ANTHEM The national anthem was led by Cody Squires. I tal N Wan" City Clerk Garcia performed roll call: MEMBERS: Council member Alejandra Avila (present) Mayor Pro Tem Daniel Damian (present - Teleconference) Council member Monica Garcia (present - Teleconference) Mayor Emmanuel J. Estrada (present) Council member Paul Hernandez (present- Teleconference) OPEN SESSION/STUDY SESSION - None RECESS CLOSED SESSION -None PUBLIC COMMUNICATIONS Mayor Estrada opened public communications at approximately 6:25 p.m. 1. Gabriel Ramirez 2. John Rios 3. Greg Tuttle 4. Terry Muse 5. Beatriz Sandoval 6. Public Speaker 1 7. Ralf Galvan Mayor Estrada closed public communications at approximately 6:40 p.m. Emmanuel J. Estrada Daniel Damian Alejandra Avila Jean M. Ayala Monica Garcia 12.5.2022 CC SP Minutes Page 1 of 3 NEW BUSINESS I Presentation by the City to outgoing members of the City Council • Councilmember Paul C. Hernandez • City Clerk Marlen Garcia • City Treasurer Maria A. Contreras Councilmember Hernandez, City Clerk Marlen Garcia, and City Treasure Maria Contreras provided communications. 2 Resolution No. 2022-065 reciting the fact of the general municipal election held November 8, 2022 Motion to adopt Resolution No. 2022-065 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 8, 2022 AND DECLARING THE RESULTS AND SUCH OTHER MATTERS AS PROVIDED BY LAW". MOTION: It was moved by Mayor Estrada, seconded by Councilmember Avila to adopt motioned. AYES: Estrada, Avila, Hernandez, Garcia, Damian [5 - 0]. Passes. 3 Administration of Oaths of Office and presentation of certificates of election to re-elected and newly elected officials as follows: • Mayor Emmanuel J. Estrada • Councilmember Alejandra Avila • Councilmember Jean M. Ayala • City Clerk Christopher Saenz • City Treasurer Joanna Valenzuela 4 Comments by re-elected and newly elected officials • Mayor Emmanuel J. Estrada • Councilmember Alejandra Avila • Councilmember Jean M. Ayala • City Clerk Christopher Saenz • City Treasurer Joanna Valenzuela Mayor Estrada, Councilmember Avila, Ayala, City Clerk Saenz, and City Treasure Valenzula provided communications. 12.5.2022 CC SP Minutes Page 2 of 3 REPORTS OF OFFICERS 5 Reorganization of the City Council- selection of Mayor Pro Tempore MOTION: It was moved by Mayor Estrada, seconded by Councilmember Avila to Table motioned. AYES: Estrada, Avila, Hernandez, Garcia, Damian [5 - 0]. Passes. POCLAMATIONS COMMENDATIONS & PRESENTATIONS • Gavel Plaque Presentation to Mayor Pro Tem Daniel Damian. • Certificate Presentations by the State Officials to the Re-Elected/Out-Going/Newly-Elected Members of the Baldwin Park City Council: Re -Elected Members of the City Council • Mayor Emmanuel J. Estrada • Council Member Alejandra Avila Out -Going Members of the City Council • Council Member Paul C. Hernandez • City Clerk Marlen Garcia • City Treasurer Maria A. Contreras Newly -Elected Members of the City Council • Council Member Jean M. Ayala • City Clerk Christopher Saenz • City Treasurer Joanna Valenzuela ADJOURNMENT There being no further business, motion was made by Mayor Estrada seconded by Councilmember Ayala to adjourn the meeting at approximately 8:21 p.m. ATTEST: Christopher Saenz, City Clerk Approved: April 5, 2023 Emmanuel J Estrada, Mayor 12.5.2022 CC SP Minutes Page 3 of 3 i These minutes are presented in Agenda Mayor Emmanuel J. Estrada Mayor Pro Tem Daniel Damian Councilmember Alejandra Avila Councilmember Jean M. Ayala Councilmember Monica Garcia CALL TO ORDER The meeting was called to order at approximately 7:09 p.m. by Mayor Estrada. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Council member Alejandra Avila (present- joined at 5:10 p.m.) Council member Jean M. Ayala (present) Mayor Pro Tern Daniel Damian (present - Teleconference) Mayor Emmanuel J. Estrada (present) Councilmember Monica Garcia (present - Teleconference) OPEN SESSION/STUDY SESSION Presentation by Ron Gales — Southern California Edison (SCE)- Time of Use (TOU) Billing System Rollout in Baldwin Park RECESS CLOSED SESSION Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: • Case: Kuberry, Hemenway, Findley v. BP Case No. 21 STCV07382 No reportable action. Mayor Pro Tent Damian did not participate with this case. Case: Cetina, Huerta, Jimenez, Parra, Real, Valdivia v. BP Case No. 22STCV1.41.21. No reportable action. Mayor Pro Tent Damian did not participate with this case. • Case: Suzanne Ruelas v. City of Baldwin Park Case No. 20STCV17682 No reportable action. Conference with Real Property Negotiators Pursuant to California Government Code Section 54956.8: City Negotiators: Enrique C. Zaldivar, Chief Executive Officer Property Address: 4161 Baldwin Park Blvd., Baldwin Park, CA Negotiating Parties: Kidder Matthews — Eric Knowles Under Negotiation: Price and Terms for Possible Purchase of Property 12.21.22 CC SP Minutes Page 1 of 2 No reportable action. ADJOURNMENT Motion was made by Mayor Estrada, second by Councilmember Avila, to adjourn the meeting at approximately 7:20 p.m. Christopher Saenz, City Clerk Approved: April 5, 2023 Emmanuel J Estrada, Mayor 12.21.22 CC SP Minutes Page 2 of 2 R=. - These minutes are presented in Agenda order. Chair Vice Chair " I A . -F 1. I a 11 4i The meeting was called to order at approximately 7:16 p.m. by Mayor Estrada. I mu N Wan " City Clerk Saenz performed roll call: MEMBERS: Council member Alejandra Avila (present) Council member Jean M. Ayala (present) Mayor Pro Tern Daniel Damian (present - Teleconference) Mayor Emmanuel J. Estrada (present) Councilmember Monica Garcia (present - Teleconference) CONSENT CALENDAR Treasurer's Report — October 2022 Motion to receive and file the Treasurer's Report for October 2022. Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala Daniel Damian MOTION: It was moved by Mayor Estrada, seconded by Councilmember Damian to adopt Motion Passed [5 — 0]. ADJOURNMENT Motion was made by Mayor Estrada, second by Councilmember Avila, to adjourn the meeting at approximately 9:12 p.m. Emmanuel J Estrada, Mayor ATTEST: Christopher Saenz, City Clerk Approved: April 5, 2023 Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala Daniel Damian These minutes are presented in Agenda CALL TO ORDER The meeting was called to order at approximately 7:16 p.m. by Mayor Estrada. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Council member Alejandra Avila (present) Council member Jean M. Ayala (present) Mayor Pro Tern Daniel Damian (present - Teleconference) Mayor Emmanuel J. Estrada (present) Councilmember Monica Garcia (present - Teleconference) CONSENT CALENDAR Baldwin Park Housing Authority's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Mayor Estrada, seconded by Councilmember Ayala to adopt Motioned [5 — 0]. Passes. 2. Treasurer's Report — October 2022 Motion to receive and file the Treasurer's Report for October 2022. MOTION: It was moved by Mayor Estrada, seconded by Councilmember Ayala to adopt Motioned [5 — 0]. Passes ADJOURNMENT Motion was made by Mayor Estrada, second by Councilmember Avila, to adjourn the meeting at approximately 9:12 p.m. Emmanuel J Estrada, Mayor r:N0110 Christopher Saenz, City Clerk Approved: April 5, 2023 Chair Emmanuel J. Estrada Vice Chair Daniel Damian Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Monica Garcia These minutes are presented in Agenda CALL TO ORDER The meeting was called to order at approximately 7:16 p.m. by Mayor Estrada. INVOCATION The invocation was led by Housing Commissioner Laura Franklin. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Housing Commissioner Laura Franklin. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Council member Alejandra Avila (present) Council member Jean M. Ayala (present) Mayor Pro Tern Daniel Damian (present - Teleconference) Mayor Emmanuel J. Estrada (present) Councilmember Monica Garcia (present - Teleconference) REPORT FROM CLOSED SESSION 1 Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: • Case: Kuberry, Hemenway, Findley v. BP Case No. 21 STCV07382 No reportable action. Mayor Pro Tem Damian did not participate with this case. Case: Cetina, Huerta, Jimenez, Parra, Real, Valdivia v. BP Case No. 22STCV1.41.21. No reportable action. Mayor Pro Tent Damian did not participate with this case. • Case: Suzanne Ruelas v. City of Baldwin Park Case No. 20STCV17682 No reportable action. 2 Conference with Real Property Negotiators Pursuant to California Government Code Section 54956.8: City Negotiators: Enrique C. Zaldivar, Chief Executive Officer Property Address: 4161 Baldwin Park Blvd., Baldwin Park, CA Negotiating Parties: Kidder Matthews — Eric Knowles Under Negotiation: Price and Terms for Possible Purchase of Property No reportable action. 12.21.22 CC RM Minutes Page 1 of 7 Motion was made by .Mayor Estrada, second by Councilmember Avila, to adjourn the meeting at approximately 7:20 p.m. ANNOUNCEMENTS The City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. IWRole wmaa YrewLIKKI)amyIIN la-40111myUti5[.`IML41lIr0relm-m►`[�iiT� PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at approximately 7:22 p.m. The following spoke during Public Communications: 1. Paul Cook 2. Katherine Looser 3. John Rios 4. Abel 5. Greg Tuttle Mayor Estrada closed public communications at approximately 7:36 p.m. CONSENT CALENDAR Items No.'s 5, 7 and llwas pulled from the Consent Calendar for separate consideration. MOTION: It was moved by Mayor Estrada, seconded by Councilmember Damian to adopt Motioned Item No.'s 1-4, 6, 8-10, and 12-16. [5 - 0]. City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. recommended that the City Council. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. 2. Treasurer's Report — October 2022 Motion to receive and file the Treasurer's Report for October 2022. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. 3. Claim Rejection Motion to reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): The Claimant, Palp, In. dba Excel Paving Company and on behalf of it subcontractor California Professional Engineering, Inc., alleges breach of contract. This government claim, 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 Councilmembers refrain from 12.21.22 CC RM Minutes Page 2 of 7 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 Councilmembers. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. 4. Codification and Implementation of Ballot Measures Approved by Voters at the November 8, 2022, General Election- Measures BP, CB, CN, RM, TL Motion to receive and file this report in as much as it is presented for information purposes only. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. Item was pulled for separate consideration. Accept Completed Improvements and Authorize Close -Out of Project Expenditures for the Serenity Homes Family Bridge Housing Site Project, Consisting of Equipment and Material Procurements, Site Preparation and Construction Work Motion to Approve final expenditures for materials procurement and placement for: Greenshine, Inc. for purchase of portable lighting fixtures in the amount of $25,706.00 Montondo Trailer, LLC for procurement of trailers in the amount of $220,000.00; and Boss Homes, LLC for procurement of shelters in the amount of $415,294.00; and Approve contract services expenditures from: A -Co Temporary Power for installation of a light pole in the amount of $510.00; and AmRamp Los Angeles for installation of ADA ramps for accessibility to restrooms and ADA units in the amount of $15,726.79; and APN Landscaping, Inc. for landscaping services in the amount of $3,850.00; and Automation Solutions, Inc. for installation of electrical equipment, site connections and HVAC installations in the amount of $62,080.42; and Brightview Painting Company for building painting services in the amount of $1.0,300.00; and ConvergeOne for installation of the camera security surveillance system in the amount of $27,736.97; and Greg Ruvalo for installation of fencing, site preparation services and garage upgrades in the amount of $61,025.00; and Home Depot for material procurement for the construction of wooden deck in the amount of $12,850.00; and On Line Engineering for land surveying services in preparation of the topographic survey map utilized for the design of the site in the amount of $3,500.00; and Ram Construction & Fencing LLC for construction of Wooden Deck and site improvements related to ADA compliancy in the amount of $74,844.00; and San Gabriel Valley Habitat for Humanity for construction management services for assembly of the Tiny Homes in the amount of $4,093.65; and SewerPros for plumbing services involving connections to restroom building and laundry facilities and site preparation in the amount of $25,182.00; and Sign -A -Rama for procurement and installation of a new Serenity Homes sign on the decorative fencing in the amount of $2,267.49; and Superior Painting for decorative pavement paint services in the amount of $15,128.00; and Authorize the Director of Finance to appropriate $47,094.32 to Account No. 270-50-520-58100-55023 for final expenditures related to project close-out costs; and Authorize the Director of Finance to make the necessary budget adjustments and authorize the Director of Public Works to process invoices including reimbursement request made to the SGVRHT for qualified expenditures. MOTION: It was moved by Councilmember Avila, seconded by Emmanuel Estrada to adopt and bring back with additional reports. [5 — 0]. Passes. 6. Approve Plans and Specifications and Award of Bid for City Project No. CIP 21-1.99 Traffic Signal Improvements at Vineland and Merced Avenue 12.21.22 CC RM Minutes Page 3 of 7 Motion to approve project plans and specifications for City Project #CIP 21-199; and Approve and award the contract to Elecnor Belco Electric, Inc., of Chino, CA in the amount of $504,388; and Authorize the Director of Finance to appropriate Proposition C Fund # 245 in the amount of $58,000.00, Fund #251 in the amount of $65,000.00, and SBl Fund #256 in the amount of $181,514; and Authorize the Mayor and City Clerk to execute the contract for CIP 21-199 Traffic Signal Improvements at Vineland and Merced Avenue. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. Item was pulled for separate consideration. Appropriation of Funds for Professional Services Supporting Street Maintenance Operations Motion to authorize an appropriation of funds in the amount not -to -exceed $150,000 for Professional Services to support maintenance and operations of the Public Works Street Maintenance Division for the remainder of the current fiscal year FY2022-23; and Authorize the Director of Finance to make the necessary appropriations and budget adjustments. MOTION: It was moved by Councilmember Garcia, seconded by Mayor Pro Tern Damian to adopt .Motioned [5 — 0]. Passes. Approve Final Tract Map No. 83377 to subdivide one (1) lot into seven (7) lots to facilitate the construction of six (6) attached condominium townhome units with one (1) common lot Motion to accept the Final Tract Map No. 83377 and authorize the City Clerk and staff to sign the Final Tract Map. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. 9. Approve a Resolution of the City of Baldwin Park adopting an inventory report of excess, exempt, and non-exempt surplus land pursuant to government code section 50569. Motion to accept the Inventory :Report of excess, exempt and non-exempt surplus lands, pursuant to Government Code 54221, and authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code 54230(a)(1). MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. 10. Approval of Resolution No's. 2022-067, 2022-068, and Agreement with State of California Department of Tax and Fee Administration for Administration of City of Baldwin Park Measure BP Sales Tax (Transactions and Use Tax) Motion to take the following actions: 1. Approve Resolution No. 2022-067, a resolution of the City Council of the City of Baldwin Park, authorizing the Chief Executive Officer to execute agreements with the California Department of Tax and Fee Administration for implementation of a local transactions and use tax; and 2. Approve Resolution No. 2022-068, a resolution of the City Council of the City of Baldwin Park, authorizing officers, employees, and representatives of the City of Baldwin Park to examine confidential sales or transactions and use tax records of the Department pertaining to transactions and use taxes collected by the Department for the District pursuant to that contract; and 3. Approve the Agreement for Preparation to Administer and Operate the City of Baldwin Park's Transaction and Use Tax ordinance; and 4. Approve the 12.21.22 CC RM Minutes Page 4 of 7 Agreement for State Administration of City of Baldwin Park's Transaction and Use Tax; and 5. Authorize the Chief Executive Officer to execute the necessary documents, in a form approved by the City Attorney. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. Item was pulled for separate consideration. 11. Authorize the Award of Construction Contract to Stance Construction Company, for City Project No. CIP 22-040, Calino Avenue Street Improvements Motion to : Approve and award the construction contract to Stance Construction Company of Chino, CA in the amount of $649,726.51; and Authorize the Mayor and City Clerk to execute the contract with Stance Construction Company; and Authorize the Director of Finance to appropriate $715,000 from the APRA fund and make necessary budget adjustment. MOTION: It was moved by Councilmember Ayala, seconded by Mayor Pro Tern Damian to adopt Motioned [5 — 0]. Passes. 12. Authorize Purchase Orders and Expenditures at The Home Depot, Inc. from Approved Fiscal Year 2022-23 Funds for Materials and Supplies in Various Maintenance and Operations Cost Centers Within the Department of Public Works Motion to: Authorize the expenditure of approved funds in the amount not -to -exceed $35,000 for purchase of materials and supplies from The Home Depot, Inc. through June 30, 2023; and Authorize the Director of Finance to make the necessary budget transfers and adjustments; and Authorize the Public Works Director to prepare and process the necessary purchase order requisitions. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. 13. Approval of Construction and Maintenance Agreement (C&M Agreement) with Southern California Regional Rail Authority (SCRRA) Covering the Rail Grade Crossing Improvements at Pacific Avenue and Bogart Avenue Motion to approve the Construction & Maintenance Agreement with SCRRA covering the cost for construction of railroad improvements on Pacific Avenue between Bogart and Downing Avenue in amount of $3,643,508.00; and Authorize the Mayor and City Clerk to execute the agreement. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. 14. Consider and Approve Amendment No. 4 to the Transit Services Agreement with Southland Transit, Inc. for Bus Operations and Maintenance Related to the City's Dial -A - Ride and Fixed Route Transit Program Motion to: Approve Amendment No. 4 to the Transit Services Agreement with Southland Transit, Inc., and, Authorize the Mayor and City Clerk to execute the Amendment; and, Authorize payment in the prorated amount of $157,812.76 for retroactive costs between August 18, 2022, and November 2022; and, Authorize the Director of Public Works to execute necessary documentation to allow program changes and solicit requests for qualifications prior to the expiration of the term; and, Authorize the Director of Finance to make necessary budget adjustments. 12.21.22 CC RM Minutes Page 5 of 7 MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. 15. Request for Authorization to Purchase eight (8) Motorola Solutions Apex 8000 P25 complaint portable radios Motin to 1. Waive the formal bidding process for this purchase; and 2. Authorize the Police Department to purchase the requested eight (8) Motorola radios and accessories; and 3. Authorize the Director of Finance to appropriate $67,518.00 from the State Homeland Security Program Grant to account 271-30-310-58110-17215, $3,105.27 from Federal Asset Forfeiture to account 205-30-310-58110-00000 and book the reimbursement to account 271-30-000-41312-17215; and 4. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. 16. Update on New Service Provider (City Net) for the Esperanza Villa Tiny Homes Year Two (2)• Motion to receive and file. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. REPORTS OF OFFICERS 17. Reorganization of the City Council — Selection of Mayor Pro Tempore Motion to complete the reorganization of the City Council and follow procedures as suggested for the selection of Mayor Pro Tempore as follows: 1. The City Clerk opens the nominations for the office of Mayor :Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; and 2. After receiving nominations, the City Clerk closes the nominations; and 3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. MOTION: It was moved by Council member Avila, seconded by Mayor Pro Tem Daniel to nominate Council Member Monica Garcia as Mayor Pro Tem. Motion [5 — 0]. Passes. 18. Consider Approval of Professional Service Agreement with EcoTech Services, Inc. and The Home Depot, Inc. for the High Efficiency Toilet & Shower Head Replacement Program. Motion to table: a Professional Service Agreement to EcoTech Services, Inc. of Azusa, CA, and The Home Depot, Inc. of Baldwin Park, CA, for the High Efficiency Toilet & Shower Head Replacement Program; and Authorize the Director of Finance Department to appropriate $800,000 from ARPA Funds to Account # 275-50-755-58100-55026. MOTION: It was moved by Mayor Estrada, seconded by Councilmember Damian to table Motioned [5 — 0]. Passes. 19. Approval of Employment Agreement with Ana Karina Rueda for the Position of Human Resources/Risk Manager Motion to approve the Agreement with Ana Karina Rueda for the position of Human Resources/Risk Manager and authorize the Mayor and City Clerk to execute it. 12.21.22 CC RM Minutes Page 6 of 7 MOTION: It was moved by Councilmember Damian, seconded by Mayor Estrada to adopt Motioned [5 — 0]. Passes. 20. Approval of Employment Agreement with Fabiola Zelaya Melicher for the Position of City Planner Motion to approve the Agreement with Fabiola Melicher for the position of City :Planner and direct the Mayor and City Clerk to execute it. MOTION: It was moved by Mayor Estrada, seconded by Mayor Pro Tern Garcia to adopt Motioned [5 — 0]. Passes CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION SA 1. Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands Motion to ratify the attached Warrants and Demands :Register. MOTION: It was moved by Mayor Estrada, seconded by .Mayor Pro Tern Garcia to adopt Motioned [5 — 0]. Passes. SA 2. Treasurer's Report — October 2022 Motion to receive and file the Treasurer's Report for October 2022. MOTION: It was moved by .Mayor Estrada, seconded by .Mayor Pro Tern Garcia to adopt Motioned [5 — 0]. Passes. SA 3. Approval Of The Recognized Obligation Payment Schedule (ROPS 23-24) For The Period From July 1, 2023 To June 30, 2024 And Administrative Budget Motion to approve of the Recognized Obligation Payment Schedule (RODS 23-24) for the period from July 1, 2023 to June 20, 2024 and Administrative Budget. MOTION: It was moved by Mayor Estrada, seconded by Mayor Pro Tern Garcia to adopt Motioned [5 — 0]. Passes. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor Estrada provided communications. ADJOURNMENT Motion was made by Mayor Estrada, second by Councilmember Avila, to adjourn the meeting at approximately 9:12 p.m. Christopher Saenz, City Clerk Approved: April 5, 2023 Emmanuel J Estrada, Mayor 12.21.22 CC RM Minutes Page 7 of 7 i Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala Daniel Damian These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order at approximately 5:10 p.m. by Mayor Estrada ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Council member Alejandra Avila (present) Council member Jean M. Ayala (present) Council member Daniel Damian (present - Teleconference) Mayor Emmanuel J. Estrada (present) Mayor Pro Tem Monica Garcia (present - Teleconference) PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at approximately 5:11 p.m., see no public comment, Mayor Estrada closed Public Communications at approximately 5:12 p.m. OPEN SESSION/STUDY SESSION - None RECESS CLOSED SESSION 1 Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case: Kuberry, Hemenway, Findley v. City of Baldwin Park Case No. 21STCV07382 Settlements were finalized December 21, 2022. Councilmember Damian did not participate with any decisions within this case. Case: Cetina, Huerta, Jimenez, Parra, Real, Valdivia v. Case No. 22STCV14121 City of Baldwin Park No reportable action. Case: Mathew Rodriguez v. City of Baldwin Park Case No. 2:22-cv-01069- No reportable action. Councilmember Ayala was not present due to being a named defendant. Case: Tuan Le v. City of Baldwin Park Case No. 21 STCV34473 Settlement has been finalize, Councilmember Damian did not participate with any decisions within this case. Case: Rukli, Inc. v. City of Baldwin Park Case No. 22STCV28634 No reportable action. 2 Conference with Real Property Negotiators Pursuant to California Government Code Section 54956.8: City Negotiators: Property Address: Negotiating Parties: Under Negotiation: No reportable action. ADJOURNMENT Enrique C. Zaldivar, Chief Executive Officer 4161 Baldwin Park Blvd., Baldwin Park, CA Kidder Matthews — Eric Knowles Price and Terms for Possible Purchase of Property There being no further business, motion was made by Mayor Estrada seconded by Councilmember Ayala to adjourn the meeting at approximately 7:17p.m. Emmanuel J Estrada, Mayor ATTEST: Christopher Saenz, City Clerk Approved: April 5, 2023 R=. - ii 11AIR1,1 NT01 These minutes are presented in Agenda order. CALL TO ORDER The meeting was called to order at 7: 1 Op.m. by Chair Estrada. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Board Member Alejandra Avila (present) Board Member Jean M. Ayala (present) Vice -Chair Daniel Damian (present - Teleconference) Mayor Emmanuel J. Estrada (present) Board Member Monica Garcia (present - Teleconference) PUBLIC COMMUNICATIONS Chair Estrada opened Public Communications at 7:25 p.m. The following spoke during Public Communications: 1. Katherine Looser 6. Nathanial Soil 2. Bob Cruz 7. John Rios 3. Jimmy from Jimmys Bikes 8. Greg Tuttle 4. Rene Zepeda 9. Abel 5. Rodolpho Cortez 10. Julio Ramirez Chair Estrada closed public communications at 7:57 p.m. CONSENT CALENDAR Chair Vice Chair " I A . -F 1. I a 11 4i Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala Daniel Damian I Treasurer's Report — November 2022 Staff recommends that the Board receive and file the Treasurer's Report for November 2022. MOTION: It was moved by Chair Estrada, seconded by Board Member Avila to adopt Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0]. Passes. ADJOURNMENT Motion was made by Chair Estrada, second by Board Member Avila, to adjourn the meeting at 8:25 p.m. Emmanuel J Estrada, Mayor ATTEST: Christopher Saenz, City Clerk Approved: April 5,2023 R=. - 11111113111111111 ii I � � � I 111AIWA11130-011 Chair Vice Chair " I A . -F 1. I a 11 4i Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala Daniel Damian These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order at 7: 1 Op.m. by Mayor Estrada. ROLL CALL City Clerk Saenz performed roll call: FLUBLVAY1.1112-two Council member Alejandra Avila (present) Council member Jean M. Ayala (present) Council member Daniel Damian (present - Teleconference) Mayor Emmanuel J. Estrada (present) Mayor Pro Tem Monica Garcia (present - Teleconference) PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at 7:25 p.m. The following spoke during Public Communications: 1. Katherine Looser 2. Bob Cruz 3. Jimmy from Jimmys Bikes 4. Rene Zepeda 5. Rodolpho Cortez 6. Nathanal Soil 7. John Rios 8. Greg Tuttle 9. Abel 10. Julio Ramirez Mayor Estrada closed public communications at 7:57 p.m.. CONSENT CALENDAR Baldwin Park Housing Authority's Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. 2. Treasurer's Report HA — November 2022 Staff recommends that the Board receive and file the Treasurer's Report for November 2022. MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. ADJOURNMENT Motion was made by Mayor Estrada, second by Councilmember Avila, to adjourn the meeting at 8:25 p.m. i Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala Daniel Damian These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order at approximately 7:1 Op.m. by Mayor Estrada. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Pastor Jackson. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Council member Alejandra Avila (present) Council member Jean M. Ayala (present) Council member Daniel Damian (present - Teleconference) Mayor Emmanuel J. Estrada (present) Mayor Pro Tern Monica Garcia (present - Teleconference) REPORT FROM CLOSED SESSION City Attorney Marco A. Martinez announced all members of the Council were present. Councilmember Damian did not participate in the following Case No. 21 STCV07382 and 21 STCV34473. Councilmember Ayala did not participate in the following Case No. 2:22-cv-01069- 1 Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case: Kuberry, Hemenway, Findley v. City of Baldwin Park Case No. 21STCV07382 Settlements were finalized December 21, 2022. Case: Cetina, Huerta, Jimenez, Parra, Real, Valdivia v. Case No. 22STCV14121 City of Baldwin Park No reportable action. Case: Mathew Rodriguez v. City of Baldwin Park Case No. 2:22-cv-01069- No reportable action. Case: Tuan Le v. City of Baldwin Park Settlement have been finalized. Case: Rukli, Inc. v. City of Baldwin Park No reportable action. 2. Conference with Real Property Negotiators Pursuant to California Government Code Section 54956.8: City Negotiators: Property Address: Negotiating Parties: Under Negotiation: No reportable action. Case No. 21 STCV34473 Case No. 22STCV28634 Enrique C. Zaldivar, Chief Executive Officer 4161 Baldwin Park Blvd., Baldwin Park, CA Kidder Matthews — Eric Knowles Price and Terms for Possible Purchase of Property Mayor Estrada adjourned Special Meeting at approximately 7:17p.m. ANNOUNCEMENTS The City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Grant Presentation — Affordable Housing and Sustainable Communities Program — Presented by Ron Garcia Director of Community Development and Cesar Toledo Cesar Chavez Foundation PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at approximately 7:25 p.m. The following spoke during Public Communications: Katherine Looser 2. Bob Cruz 3. Jimmy from Jimmys Bikes 4. Rene Zepeda 5. Rodolpho Cortez 6. Nathanal Soil 7. John Rios 8. Greg Tuttle 9. Abel 10. Julio Ramirez Mayor Estrada closed public communications at approximately 7:57 p.m.. CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands :Register. MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. 2. Treasurer's Report — November 2022 Motion to receive and file the Treasurer's Report for November 2022. MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. 3. Adopt Resolution No. 2023-001 Setting the Appropriations Limit for Fiscal Year 2022-23 Motion to adopt Resolution No. 2023-001 setting the Appropriations Limit for Fiscal Year 2022- 23 at $94,547,647. MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. 4. Adoption of Resolution No. 2023-002 to Continue Conducting City Council/Commission/Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361. Motion to adopt Resolution No. 2023-002 to continue conducting City Council/Commission/Board .Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings for the month of February 2023 and retroactively the time period from December 17, 2022 through January 18, 2023). MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. 5. Approval of Amendment Number 1 to the Consultant Services Agreement with Terra Realty Advisors Inc. to provide various real estate services related to outdoor advertising billboard signs Motion to approve Amendment Number 1 to the existing agreement with Terra; and Authorize the Mayor to execute the Amendment. Authorize the Director of Finance Director to make the necessary appropriations and budget adjustments. MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. 6. Claim Rejection Motion to reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s)::Re: K8 Investor Holdings, LLC ("Claimant") - On October 20, 2022, Claimant presented a claim for, among other things, inverse condemnation; intentional interference with contractual and prospective and economic relationship; fraud ("Tort Claim"). This Tort Claim is untimely. The Development Agreement with Kultiv8 Group, LLC (predecessor owner of Claimant) was approved on May 2, 2018 by the City Council; therefore, the Tort Claims should have been presented on or about November 2, 2018. Staff recommends that this Tort Claim be rejected, as untimely, with the Notice of Rejection set forth below. Re: DJCBP Corporation dba Tier One Consulting and David Ju ("Claimants") - On October 26, 2022-Claimants presented a claim for what appears to be: Civil RICO; Fraud; Negligence; Conversion; Rescission; Declaratory Relief, Unfair Business Practices; Financial Elder Abuse ("Tort Claims"; see letter from David Torres-Siegrist, Esq., dated September 22, 2022). This Tort Claim is untimely. The Development Agreement with Claimants was approved on April 3, 2019 by the City Council; therefore, the Tort Claims should have been presented on or about October 3, 2019. Staff recommends that this Tort Claim be rejected, as untimely, with the Notice of Rejection set forth below. This government claim, 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 Councilmembers 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 Councilmembers. MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. PUBLIC HEARING REPORTS OF OFFICERS CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION SA 1. Treasurer's Report SA — November 2022 Motion to receive and file the Treasurer's Report for November 2022. MOTION: It was moved by Emmanuel Estrada, seconded by Councilmember Avila to adopt Motioned. AYES: Estrada, Avila, Ayala, Damian [4 — 0]. Passes. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Chief Executive Officer Enrique C. Zaldivar, Mayor Estrada and Councilmember Ayala provided communications. ADJOURNMENT Motion was made by Mayor Estrada, second by Councilmember Avila, to adjourn the meeting at 8:25 p.m. MW - [Iff-3 Mayor Emmanuel J. Estrada Mayor Pro Tem Monica Garcia Councilmember Alejandra Avila Councilmember Jean M. Ayala Councilmember Daniel Damian These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order at approximately 5:09 p.m. by Mayor Estrada ROLL CALL City Clerk Saenz performed roll call: ION us TO U&ITKIS 3 Council member Jean M. Ayala (present) Council member Daniel Damian (present - Teleconference) Mayor Emmanuel J. Estrada (present) Council member Alejandra Avila (absent) Mayor Pro Tern Monica Garcia (absent) PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at approximately 5: 10 p.m., seeing no public comment, Mayor Estrada closed public communications at approximately 5: 1 Op.m. OPEN SESSION/STUDY SESSION Presentation — Update on Neighborhood Legal Services Association, presented by Ron Garcia, Director of Community Development and Trinidad Ocampo Director of Housing and Homeless Prevention, Neighborhood Legal Services Association RECESS CLOSED SESSION Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case: Kuberry, Hemenway, Findley v. City of Baldwin Park Case No. 21STCV07382 Settlement agreement have been finalized. Councilmember Damian did not vote or participate in discussion. Case: Cetina, Huerta, Jimenez, Parra, Real, Case No. 22STCV14121 Valdivia v. City of Baldwin Park No reportable action. Case: Tuan Le v. City of Baldwin Park Case No. 21STCV34473 Settlement agreement have been finalized. Councilmember Damian did not vote or participate in discussion. Case: Rukh, Inc v. City of Baldwin Park Case No. 22STCV28634 No reportable action. Case: DJCBP Corporation dba Tier One Case No. 2:23-cv-00384 Consulting and David Ju No reportable action Councilmember Ayala was not present during discussion. 2 Public Employee Performance Evaluation Pursuant to California Government Code, Section 54957 Title: Chief of Police No reportable action. 3 Conference With Labor Negotiator - Pursuant to California Government Code, Section 54957.6 City Negotiator: Enrique C. Zaldivar, CEO Unrepresented Employee Title: Housing Manager Public Employee Appointment - Pursuant to California Government Code, Section 54957 Title: Housing Manager No reportable action. ADJOURNMENT There being no further business, motion was made by Mayor Estrada seconded by Councilmember Ayala to adjourn the meeting at approximately 7:17p.m. Emmanuel J Estrada, Mayor ATTEST: Christopher Saenz, City Clerk Approved: April 5, 2023 a rml R=. - Chair Vice Chair " I A . -F 1. I a 11 4i Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala Daniel Damian These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order at approximately 7:06 p.m. by Mayor Estrada INVOCATION The invocation was provided by Pastor Flores. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Pastor Flores. ROLL CALL City Clerk Saenz performed roll call: I-LUSTLAURN-11ma Council member Jean M. Ayala (present) Council member Daniel Damian (present - Teleconference) Mayor Emmanuel J. Estrada (present) Mayor Pro Tern Monica Garcia (present - Teleconference) Council member Alejandra Avila (excused) REPORT FROM CLOSED SESSION magrelegue DILTA I DIL41 Ky PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Proclamation — National Black History Month Proclamation presented to Housing Commissioner Laura Ann Franklin PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at approximately 7:22 p.m. The following spoke during Public Communications: 1. Katherine Looser 2. Jesse Baca 3. Abel Mayor Estrada closed public communications at approximately 7:32 p.m.. 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. Items No. 3 was pulled from the Consent Calendar for separate consideration. MOTION: It was moved by Mayor Estrada, seconded by Councilmember Damian to adopt Motioned Item No.'s 1-2 [4 - 0]. City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Mayor Estrada, seconded by Councilmember Damian to adopt Motioned. AYES: Estrada, Damian, Ayala, Garcia [4 — 0]. Passes. 2. Claim Rejection Motion to reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Elda Borjas The claimant alleges property damage claim. Octavio Lopez The claimant alleges property damage claim. 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. MOTION: It was moved by Mayor Estrada, seconded by Councilmember Damian to adopt Motioned. AYES: Estrada, Damian, Ayala, Garcia [4 — 0]. Passes. Item was pulled for separate consideration. 3. Approval of Employment Agreement with Imelda Delgado for the Position of Housing Manager Motion to approve the Agreement with Imelda Delgado for the position of Housing .Manager and direct the Mayor and City Clerk to execute it. MOTION: It was moved by Mayor Estrada, seconded by Councilmember Damian to adopt Motioned. AYES: Estrada, Damian, Ayala, Garcia [4 — 0]. Passes. PUBLIC HEARING REPORTS OF OFFICERS 4. Adoption of Resolution No. 2023-003 for City Council Appointments of Official Representatives and Alternates to Various Agencies/Organizations Motion to appoint by a roll -call vote the official designated representatives and alternates and adopt Resolution No. 2023-003, the names of selected delegates will be added to the Resolution in a final format with the certified votes and appropriate signatures. MOTION: It was moved by Mayor Estrada, seconded by Councilmember Ayala to table Motioned. AYES: Estrada, Ayala Damian, Garcia [4 — 0]. Passes. Adoption and Approval of Ordinance No. 1500 to Establish the Measure BP Stakeholders Oversight Committee (SOC) Motion to approve the attached Ordinance No. 1500 to establish the Measure BP Stakeholders Oversight Committee, as a first reading, adding Sections 35.1.42 through 35.150 to Chapter 35 of Title 3 of the Baldwin Park Municipal Code. MOTION: It was moved by Mayor Estrada, seconded by Councilmember Damian to table Motioned. AYES: Estrada, Damian, Ayala, Garcia [4 — 0]. Passes. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor Estrada and City Clerk Saenz provided communications. ADJOURNMENT Motion was made by Mayor Estrada, second by Councilmember Avila, to adjourn the meeting at approximately 8:01 P.M. Emmanuel J Estrada, Mayor ATTEST: Christopher Saenz, City Clerk Approved: April 5, 2023 i 1 i ' Mayor Emmanuel J. Estrada Mayor Pro Tem Daniel Damian Councilmember Alejandra Avila Councilmember Jean M. Ayala Councilmember Monica Garcia These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order at approximately 5:05 p.m. by Mayor Estrada. ROLL CALL City Clerk Saenz performed roll call: MEMBERS Councilmember Jean M. Ayala (present) Councilmember Alejandra Avila (present) Councilmember Daniel Damian (teleconference) Mayor Pro Tem Monica Garcia (absent) Mayor Emmanuel J. Estrada (present) PUBLIC COMMUNICATIONS Mayor opened public communications at approximately 5:06 pm, seeing no public comments, Mayor closed public communications. OPEN SESSION/STUDY SESSION City Planner Fabiola Zelaya-Melicher and Laura Stinson presented the Objective Design Standards for the City of Baldwin Park. RECESS CLOSED SESSION Conference With Real Property Negotiator Pursuant to California Government Code, Section 54956.8. Property Address: 4021 Maine Ave., Baldwin Park, CA 91706 Agency Negotiator: Enrique C. Zaldivar, Chief Executive Officer Negotiating Parties: David Bazulto Under Negotiation: Price and Terms for Acquisition of Right of Entry & Public Easements No reportable action. 02/15/2023 CC SP Minutes Page 1 of 2 2 Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case: Cetina, Huerta, Jimenez, Parra, Real, Case No. 22STCV14121 Valdivia v. City of Baldwin Park No reportable action Case: ICRMA v. City of Baldwin Park Case No. 21PSCV00526 Direction given to file cross complaint. 3 Public Employee Performance Evaluation Pursuant to California Government Code, Section 54957 Title: Chief of Police No reportable action 4 Conference With Labor Negotiator - Pursuant to California Government Code, Section 54957.6 City Negotiator: Enrique C. Zaldivar, CEO Unrepresented Employee Title: Chief of Police No reportable action RECONVENE IN OPEN SESSION The City Council reconvened into open session regular meeting at approximately 7:10 p.m. There being no further business meeting adjourn at approximately 7:15 p.m. ATTEST: Christopher Saenz, City Clerk Approved: April 5, 2023 Emmanuel J Estrada, Mayor 02/15/2023 CC SP Minutes Page 2 of 2 Chair Emmanuel J. Estrada Vice Chair Daniel Damian Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Monica Garcia These minutes are presented in Agenda CALL TO ORDER The meeting was called to order concurrently with the Regular Meeting at 7:10 p.m. by Chair Estrada. ROLL CALL City Clerk Saenz performed roll call: MEMBERS Board Member Jean M. Ayala (present) Board .Member Alejandra Avila (present) Board Member Monica Garcia (absent) Vice -Chair Daniel Damian (teleconference) Mayor Emmanuel J. Estrada (present) PUBLIC COMMUNICATIONS Mayor opened public communications at approximately 7:41 pm 1) Katherine Loser 5) Damian Martin 2) David B 6) Dolores Holguin 3) Alvaro de la Torre 7) John Rios 4) Olivia Sanchez 8) George Mayor closed public communications at approximately 8:10 pm CONSENT CALENDAR Treasurer's Report FA — December 2022 Motion to receive and file the Treasurer's Report for December 2022. MOTION: It was moved by Chair Estrada, seconded by Vice -Chair Damian to adopt .Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0]. Passes. ADJOURNMENT Motion to adjourn was made by Chair Estrada, second by :Board Member Avila at approximately 8:56 p.m. Emmanuel J Estrada, Mayor r:N01101 Christopher Saenz, City Clerk Approved: April 5, 2023 Ira • 1 it ' These minutes are presented in Agenda Emmanuel J. Estrada Daniel Damian Alejandra Avila Jean M. Ayala Monica Garcia CALL TO ORDER The meeting was called to order concurrently with the Regular Meeting at 7:10 p.m. by Chair Estrada. ROLL CALL City Clerk Saenz performed roll call: MEMBERS Board Member Jean M. Ayala (present) Board .Member Alejandra Avila (present) Board Member Monica Garcia (absent) Vice -Chair Daniel Damian (teleconference) Mayor Emmanuel J. Estrada (present) PUBLIC COMMUNICATIONS Mayor opened public communications at approximately 7:41 pm 1) Katherine Loser 5) Damian Martin 2) David B 6) Dolores Holguin 3) Alvaro de la Torre 7) John Rios 4) Olivia Sanchez 8) George Mayor closed public communications at approximately 8:10 pm CONSENT CALENDAR Baldwin Park Housing Authority's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Chair Estrada, seconded by Board Member Avila to adopt Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0].:Passes. 2. Treasurer's Report HA — December 2022 Motion to receive and file the Treasurer's Report for December 2022. MOTION: It was moved by Chair Estrada, seconded by :Board Member Avila to adopt Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0]. Passes. ADJOURNMENT Motion to adjourn was made by Chair Estrada, second by :Board Member Avila at approximately 8:56 p.m. Emmanuel J Estrada, Mayor ATTEST: Christopher Saenz, City Clerk Approved: April 5, 2023 • it Chair Emmanuel J. Estrada Vice Chair Daniel Damian Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Monica Garcia These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order at 7:10 p.m. by .Mayor Estrada. INVOCATION The invocation was provided by Pastor Flores and Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Estrada. I I#] N Wan" City Clerk Saenz performed roll call: MEMBERS Councilmember Jean M. Ayala (present) Councilmember Alejandra Avila (present) Councilmember Daniel Damian (teleconference) Mayor Pro Tem Monica Garcia (absent) Mayor Emmanuel J. Estrada (present) REPORT FROM CLOSED SESSION City Attorney Marco A. Martinez announced all members of the Council were present except Mayor Pro Tem Garcia. There was no reportable action regarding conference with real property negotiator concerning addresses 4021 Maine Ave. There was no reportable action on existing litigation regarding Cetina, Huerta, Jimenez, Parra, Real, Valdivia. There was direction provided on existing litigation regarding ICRMA to file a cross complaint. There was no reportable action regarding on performance evaluation and conference with labor negotiator with unrepresented employee titles: Chief of Police. ANNOUNCEMENTS Congresswoman Grace Nopaliotanio made announcement of the availability of her office staff to the residents of Baldwin Park. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Jose Martinez, General Manager from Valley County Water District gave a presentation on the current drought conditions. 2/15/23 CC RG Minutes Pagel of 4 PUBLIC COMMUNICATIONS Mayor opened public communications at approximately 7:41 pm 1) Katherine Loser 2) David B 3) Alvaro de la Torre 4) Olivia Sanchez 5) Damian Martin 6) Dolores Holguin 7) John Rios 8) George Mayor closed public communications at approximately 8:10 pm CONSENT CALENDAR City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0]. Passes 2. Treasurer's Report City — December 2022 Motion to receive and file the Treasurer's Report for December 2022. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0]. Passes. Claim Rejection Motion to reject the following claim and direct staff to send the appropriate notice of rejection to claimant(s): Carol Pajari The claimant alleges property damage claim. 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. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt .Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0]. Passes 4. Resumption of In -Person Only City Council Meetings for Elected Members of the City Council - Effective March 1, 2023 Motion to receive and file, in as much as Staff Report is for information only. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0]. Passes 2/15/23 CC RG Minutes Page 2 of 4 PUBLIC HEARING 5. FY 2023-24 Annual Action Plan Housing and Community Development Needs and Priorities Public Hearing Motion to: 1) Conduct a public hearing to consider the city's housing and non -housing community development needs for the preparation of the FY 2023-24 Annual Action Plan: and 2) receive and file this report, any comments made by the Mayor, City Council, and/or residents during the public hearing, for inclusion in the Fiscal Year 2023-24 Annual Action Plan. Mayor Estrada opened Public Hearing and Comments at approximately 8:18 p.m., seeing no comments Mayor Estrada closed Public Hearing Comments. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0]. Passes. REPORTS OF OFFICERS 6. Adoption of Resolution No. 2023-003 for City Council Appointments of Official Representatives and Alternates to Various Agencies/Organizations. Motion to: 1) Approve selection of Councilmember Damian as Representative and Mayor Estrada as Alternate to the Community Collaborative Committee; and 2) Council directed staff to prepare Resolution reflecting selection of representatives to the Community Collaborative Committee' and; 3) Enter the remaining appointment to the next City Council Meeting. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0]. Passes 7. Discussion, Adoption and Approval of Ordinance No. 1.500 to Establish the Measure BP Stakeholders Oversight Committee (SOC) Motion to waive further reading, read by title only "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADDING SECTIONS 35.142 THROUGH 35.150 TO CHAPTER 35 OF TITLE 3 OF THE BALDWIN PARK MUNICIPAL CODE TO ESTABLISH THE MEASURE BP SALES TAX STAKEHOLDERS OVERSIGHT". MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0]. Passes 8. DISCUSSION OF DRAFT ORDINANCE UPDATING THE CITY OF BALDWIN PARK COMMERCIAL CANNABIS REGULATIONS AND REVIEW OF POLICY OPTIONS FOR THE FUTURE OF THE CITY'S COMMERCIAL CANNABIS PROGRAM It is recommended that the City Council 1. Review and Discuss the following Draft Ordinance: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, RENUMBERING CHAPTER 128 OF THE BALDWIN PARK MUNICIPAL CODE, AMENDING CHAPTER 127 OF THE 2/15/23 CC RG Minutes Page 3 of 4 BALDWIN PARK MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS PRODUCTION, AND CODIFYING MEASURE CB (THE "BALDWIN PARK MARIJUANA RETAIL SALES REGULATION AND TAXATION MEASURE")"; and ... 2. Provide direction to Staff concerning policy options for the future of the City's Commercial Cannabis Program (Cultivation, Distribution & Manufacturing, and Retail). MOTION: Direction given to staff to bring back Ordinance with the recommendations given by Counsel. It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0]. Passes CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION SA Successor Agency To The Dissolved Community Development Commission of The I City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motioned. AYES: Avila, Ayala, Damian, Estrada [4 — 0]. Passes CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor, City Council Member, and City Clerk provided community updates. Motion to adjourn was made by Mayor Estrada, second by Councilmember Avila at approximately 8:56 p.m. Christopher Saenz, City Clerk Approved: April 5, 2023 Emmanuel J Estrada, Mayor 2/15/23 CC RG Minutes Page 4 of 4 R=. - Chair Emmanuel J. Estrada Vice Chair Daniel Damian Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Monica Garcia These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order concurrently with the Regular Meeting at 7:02 p.m. by Chair Estrada. City Clerk Saenz performed roll call: MEMBERS Board Member Jean M. Ayala (present) Board Member Alejandra Avila (excused) Board Member Monica Garcia (present) Vice Chair Daniel Damian (present) Chair Emmanuel J. Estrada (present) PUBLIC COMMUNICATIONS Chair Estrada opened Public Communications at approximately 7:37 p.m. Public communications closed at approximately 8:15 p.m. CONSENT CALENDAR Treasurer's Report FA — January 2023 Staff recommends that the Board receive and file the Treasurer's Report for January 2023. MOTION: It was moved by Chair Estrada, seconded by Board Member Garcia to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. ADJOURNMENT Motion to adjourn was made by Estrada, second by Damian at approximately 9:35 p.m. on behalf of Bob Benbow, Maria Contreras, Stanley Thornton, and Enrique Rincon. Emmanuel J Estrada, Mayor Christopher Saenz, City Clerk Approved: April 5, 2023 QVIM Iasi W11141 091111 Chair Emmanuel J. Estrada Vice Chair Daniel Damian Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Monica Garcia These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order concurrently with the Regular Meeting at 7:02 p.m. by Chair Estrada. ROLL CALL City Clerk Saenz performed roll call: MEMBERS Board Member Jean M. Ayala (present) Board Member Alejandra Avila (excused) Board Member Monica Garcia (present) Vice Chair Daniel Damian (present) Chair Emmanuel J. Estrada (present) PUBLIC COMMUNICATIONS Chair Estrada opened Public Communications at approximately 7:37 p.m. Public communications closed at approximately 8:15 p.m. CONSENT CALENDAR 1. Baldwin Park Housing Authority's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Chair Estrada, seconded by Vice -Chair Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 2. Treasurer's Report HA — January 2023 Motion to receive and file the Treasurer's Report for January 2023. MOTION: It was moved by Chair Estrada, seconded by Vice -Chair Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. ADJOURNMENT Motion to adjourn was made by Chair Estrada, second by Vice -Chair Damian at approximately 9:35 p.m. on behalf of Bob :Benbow, Maria Contreras, Stanley Thornton, and Enrique Rincon. Emmanuel J Estrada, Mayor Christopher Saenz, City Clerk Approved: April 5, 2023 1 I1 Chair Emmanuel J. Estrada Vice Chair Daniel Damian Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Monica Garcia These minutes are presented in Agenda order. Various announcements or discussions may have occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order at 7:02 p.m. by Mayor Estrada INVOCATION The invocation was provided by Pastor Flores and Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Estrada. ROLL CALL City Clerk Saenz performed roll call: MEMBERS Councilmember Jean M. Ayala (present) Councilmember Alejandra Avila (excused) Councilmember Daniel Damian (present) Mayor Pro Tern Monica Garcia (present) Mayor Emmanuel J. Estrada (present) REPORT FROM CLOSED SESSION City Attorney Marco A. Martinez announced there was nothing to report out since no meeting was convene due to a lack of quorum. ANNOUNCEMENTS Mayor Estrada announced that the City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Mayor Estrada introduced and welcomed Chief Deputy City Clerk Quinones and proclaimed March 2023 as Women's History Month (honoring Gloria Gratianne .Muniz) and American :Red Cross Month (presented to Patty Madera). 3/15/23 CC RG Minutes Page 1 of 6 PUBLIC COMMUNICATIONS The following spoke during Public Communications 1) Katherine Loeser 2) Mike 3) Daisy on behalf of Miguel Beas 4) Pony 5) Elizabeth Pereida 6) Andres Villalobos 7) Norman Gonzalez 8) Jessica Serrano 9) Jesse Baca 10) John Rios 11) Joel 12) Gabby 13) Public Speaker 1 14) Beatriz Sandoval Mayor closed public communications at 8:15 pm CONSENT CALENDAR City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 2. Treasurer's Report City — January 2023 Motion to receive and file the Treasurer's Report for January 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. Meeting Minutes Motion to approve meeting minutes for the following City Council Meetings: • Special Meeting of March 3, 2023 • Regular Meeting of March 3, 2023 MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 4. Grant Funding Reimbursement Update — Compressed Natural Gas (CNG) Facility Located at Badillo Street and Ramona Boulevard Motion to receive and file grant reimbursement and close-out documents for South Coast Air Quality .Management District (AQMD) in the amount of $400,000.00 and Los Angeles County Cooperative Agreement in the amount of $400,000.00. Total reimbursed amount received is $800,000.00. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 3/15/23 CC RG Minutes Page 2 of 6 5. Waive Formal Bid Procedures for the Purchase of Janitorial Supplies Through the OMNIA Partners Master Agreement Motion to: 1) Find (i) that it would be uneconomical to follow purchasing procedures since the supplies are available through an existing contract with the State and (ii) State previously completed the bidding process and (iii) that the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34 section 37 (A); and 2) Approve the procurement of janitorial supplies from Waxie Sanitary Supply; and 3) Authorize Recreation and Community Services Director to award the contract on a yearly basis, but not to exceed five (5) years as long as vendor continues to offer State pricing; and 4) Authorize Recreation and Community Services Director to expend $27,000 from Account 100-60-620-53100-00000 and $27,000 from 252-60-620-53100-00000 for a total approximately of $54,000; and 5) Authorize the Chief Executive Officer to enter into an agreement for the services, subject to the approval of the City Attorney. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 6. Approval of Annual Report for Military Equipment Motion to approve the renewal of Ordinance No. 1471 and the updated inventory of Military Equipment report. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 7. Resolution No. 2023-008 Initiating the Proceedings and Ordering Preparation of the Engineer's Report for the Citywide Landscape and Lighting Maintenance Assessment District for FY2023-2024 Motion to adopt Resolution No. 2023-008 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, authorizing the initiation of the proceedings and ordering the preparation of the Engineer's Report for the FY 2023-2024 levy of annual assessments for the City of Baldwin Park Landscaping and Lighting Maintenance District pursuant to the provisions of Division 15, Part 2 of the State of California Streets and Highway Code." MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 8. Resolution No. 2023-009 initiating the proceedings and ordering preparation of the Engineer's Report for the Parks Maintenance Assessment District for FY2023-2024 Motion to adopt Resolution No. 2023-009 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, authorizing the initiation of the proceedings and ordering the preparation of the Engineer's Report for the FY 2023-2024 levy of annual assessments for the City of Baldwin Park Parks Maintenance Assessment District pursuant to the provisions of Division 15, Part 2 of the State of California Streets and Highways Code." MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 3/15/23 CC RG Minutes Page 3 of 6 9. Authorize Submittal of Applications for Southern California Edison's Charge Ready Light Duty Program for Electric Vehicle (EV) Charging Stations at the Metrolink Station and 14226 Ramona Blvd. Staff recommends that the City Council authorize staff to submit the Charge Ready Light Duty Program applications to Southern California Edison. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 10. Approval of Resolution No. 2023-01.0 Authorizing the Chief Executive Officer to Enter into the Settlement Agreements with Walgreens Co., Walmart, Inc., CVS Health Corporation/CVS Pharmacy Inc., Teva Pharmaceutical Industrials Ltd., And Allergan Finance LLC/Allergan Limited, agree to the Terms of the State -Subdivision Agreements, and Authorize Entry into the State -Subdivision Agreements with the Attorney General Motion to adopt Resolution No. 2023-010 to opt into these settlements and elect to receive payments directly, unless the City intends to pursue its own litigation against these parties. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 11. Approve Possessory Tax Reimbursement to B Diamond Infra LLC ("Diamond"), for Wireless Facility Located at Morgan Park Motion to authorize the Director of Finance to make necessary budget amendments to cover the possessory tax reimbursement. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 12. Baldwin Park HOME -ARP Allocation Plan It is recommended that the City Council conduct a public hearing to consider approving the City's HOME -ARP Allocation Plan due to HUED by March 31, 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt .Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 13. Public Hearing to Consider Resolution Setting Cannabis Permit Application Fees & Resolution Setting the Maximum Number of Commercial Cannabis Cultivation, Distribution & Manufacturing Permits Motion to adopt the following Resolutions: 1. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ADOPTING ADMINISTRATIVE FEES RELATING TO COMMERCIAL CANNABIS APPLICATIONS BASED ON TIME AND MATERIALS; and 2. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ESTABLISHING THE MAXIMUM NUMBER OF COMMERCIAL CANNABIS PERMITS RELATED TO MANUFACTURING, CULTIVATION AND DISTRIBUTION MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada ABSTAIN: Garcia [3 — 0]. Passes. 3/15/23 CC RG Minutes Page 4 of 6 REPORTS OF OFFICERS 14. Adoption of Resolution No. 2023-006 for City Council Appointments of Official Representatives and Alternates to Various Agencies/Organizations. Motion to enter to the next City Council Meeting. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 15. Consideration of First Amendment to Chief of Police Employment Agreement - Robert A. Lopez Motion to approve the First Amendment to the Chief of Police Employment Agreement. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Damian, Estrada, Garcia NAYS: Ayala. Passes. [3 — 1]. 16. Request Direction for the Baldwin Holiday Parade Direction was given to staff by the City Council to continue the Baldwin Park Holiday Parade in the AM and Motion to authorize the Recreation & Community Services Director to secure adjudication services for the :Baldwin Park Holiday Parade. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. 17. Approval and Adoption of Resolution No. 2023-007 and Consideration of a Memorandum of Understanding (MOU) with Goodwill Southern California to Re -Establish the NextGen Youth Workforce Program. Motion to: 1) Approve Resolution No. 2023-007 and the proposed MOU with the GSC; and 2) Authorize the Mayor to execute the MOU; and 3) Confirm the appropriation of $68,507 of. American Rescue Plan Act (ARPA) funds carried over from 2022 for Summer 2023; and 4) Authorize the CEO to make technical adjustments as may be necessary to carry out the direction of City Council. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. 18. Fiscal Year 2022-23 Mid -Year Budget Presentation Motion to enter into the next City Council Meeting. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION 3/15/23 CC RG Minutes Page 5 of 6 SA 1. Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands Motion to ratify the attached Warrants and Demands Register MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. SA 2. Treasurer's Report City — January 2023 Motion to receive and file the Treasurer's Report for January 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Ayala, Damian, Estrada, Garcia [4 — 0]. Passes. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION ADJOURNMENT Motion to adjourn was made by Mayor Estrada, second by Councilmember Damian at approximately 9:35 p.m. on behalf of Bob :Benbow, Maria Contreras, Stanley Thornton, and Enrique Rincon. ATTEST: Christopher Saenz, City Clerk Approved: April 5, 2023 Emmanuel J Estrada, Mayor 3/15/23 CC RG Minutes Page 6 of 6 ITEM NO. 3 F 'v 1• TO: Honorable Mayor and Members of the City Council �r HUB,0F THEE' FROM: Manuel Carrillo Jr., Director of Recreation & Community SAN GABRIEL .y� ' Services n0 QJAN„P�'���' DATE: April 5, 2023 SUBJECT: Submitted Reimbursement to the Los Angeles County Measure H Fund Grants SUMMARY This report is to inform City Council the Department of Recreation & Community Services (RCS) submitted reimbursement to the Los Angeles (LA) County Measure H Fund Grants RECOMMENDATION It is recommended that the City Council receive and file this report. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. RCS has requested to the LA County Measure H Fund Grants reimbursement as follows: #AO-20-609 in the mount of $193,522 and #AO-20-610 in the amount of $528,874 for a combined total of $722,396. BACKGROUND On January 15, 2020, City Council approved to enter into two (2) Agreements between the City and Los Angeles County — 1) City Planning Grant Implementation of Cities Homeless Plans for the amount of $300,000 (grant number AO-19-609) and 2) City Planning Grant Implementation of Cities (Cohort Baldwin Park, El Monte and South El Monte) in the amount of $1,074,820 (grant number AO-20-610). Provide Grant AO-19-609 description. Provide Grant AO-16-610 description. ALTERNATIVES The City Council may elect not to receive and file this report. LEGAL REVIEW Not applicable ATTACHMENTS None Page 1 / 1 ITEM NO. 4 TO: Honorable Mayor and Members of the City Council • ; SAN �AgR,E FROM: Ron Garcia, Director of Community Development �co" VA�..LEYN�°'e' Marco Martinez City Attorney �q D JANJ ` DATE: April 5, 2023 SUBJECT: Second Reading of Ordinance No. 1501 Updating the City of Baldwin Park Commercial Cannabis Regulations SUMMARY The purpose of this staff report is to adopt and approve for second reading Ordinance No. 1501 that will update the City's existing commercial cannabis regulations. RECOMMENDATION It is recommended that the City Council adopt and approve the attached Ordinance No. 1501 updating the City of Baldwin Park Commercial Cannabis Regulations: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, RENUMBERING CHAPTER 128 OF THE BALDWIN PARK MUNICIPAL CODE, AMENDING CHAPTER 127 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS PRODUCTION, AND CODIFYING MEASURE CB ("BALDWIN PARK MARIJUANA RETAIL SALES REGULATION AND TAXATION MEASURE")" FISCAL IMPACT There are no fiscal impacts related to the adoption of this Ordinance since it merely re -orders and updates certain portions of the City's existing commercial cannabis regulations. BACKGROUND At the February 15, 2023 City Council meeting, the Council held a policy discussion regarding the future of the City's Commercial Cannabis Program. The City Council reviewed and discussed the following: 1. A Ordinance that would recodify and re -order the City's existing commercial cannabis provisions related to manufacturing, cultivation and distribution, as well as the voter -approved measure relating to retail cannabis sales; 2. A status report on the staff's efforts to implement Measure CB, including proposed fee changes; 3. A proposed "pause" on the number of commercial cannabis permits relating to manufacturing, cultivation and distribution. Resolution No. 2023-011 Adopting Administrative Fees relating to Commercial Cannabis applications based on time and materials and Resolution No. 2023- 012 Establishing the maximum number of Commercial Cannabis permits related to manufacturing, cultivation and distribution were adopted and approved at the City Council Meeting on March 15, 2023. Page 1 / 3 The Council directed staff to proceed with the implementation of Measure CB, as approved by the voters, and to impose a temporary six (6) month "pause" on the acceptance of any new commercial cannabis applications, but to complete the processing of the three pending applications. Proposed Recodification of Cannabis Regulations As noted above, the Ordinance attached to this report proposes to recodify and re -order the City's existing commercial cannabis regulations related to manufacturing, cultivation and distribution, as well as the voter -approved Measure CB provisions relating to retail cannabis sales. The Council may not alter or amend the provisions of Measure CB in way that would conflict or undermine its voter -approved purpose. Therefore, no substantive changes are proposed to any provision of Measure CB. However, the Ordinance does propose several updates to the City's existing Cultivation, Distribution & Manufacturing provisions. In addition to the non -substantive changes to Measure CB, staff worked with the proponents on additional revisions to the City's existing regulations relating to Cultivation, Distribution & Manufacturing to assure that these provisions are consistent with the regulations adopted as part of Measure CB. In general, this effort proposes the adoption of a comprehensive, and sequentially numbered cannabis ordinance that includes both Measure CB and the City's existing regulations (relating to Cultivation, Distribution & Manufacturing), as well as the Measure CB tax provisions, into one coherent ordinance with sequential chapters that make it easier for staff to implement and the public to understand. The Ordinance proposes the following: 1. Amendments to Chapter 128 so that the regulations on commercial cannabis production and retail sales reside side -by -side in Chapters 127 and 128. Section 129 will now host the provisions relating to the cannabis retailer tax. 2.Amendments to existing Chapter 127 relating to non -retail cannabis businesses to clarify existing provisions. These clarifications include: A. Definitions. Modifications were made to existing definitions to harmonize them with the new definitions in Measure CB or to cross-reference them. Some amended definitions resolve current ambiguities in the City's regulations (e.g., the City's desire to pivot from development agreements to commercial cannabis agreements, and the use of the term "license" and "permit" somewhat interchangeably in the Code). B. Grounds for revocation. Measure CB contains consolidated, clear grounds for permit revocations. New Section 127.15.5 consolidates all revocation procedures in one section. It also adds language clarifying that the continued failure to meet the criteria for permit issuance constitutes grounds for revocation. C. Distribution and delivery. Amendments to Chapter 127 include new provisions containing best safety practices for distribution and delivery that parallel the ones in Measure CB. D. Number of Permits Set by Resolution. Amends existing provisions related to the number of permits that may be issued, so that the future number of permits may be set by separate resolution of the City Council. The proposed amendment would enable the City to readily amend the number of authorized commercial cannabis permits, pursuant to resolution rather than ordinance, which may be adopted at one Council meeting and would become effective immediately, without the formality of a formal ordinance.(See Section 127.07) Page 2/3 The revised language would read as follows: "Maximum number of commercial cannabis permits. No more than 25 permits, each with a The maximum number of commercial cannabis permits shall be established by resolution of the City Council. A maximum of 22,000 square feet of permitted commercial cannabis activity may be allowed, maintained, or operated in the city at any time; except that, distribution only, shall be allowed a maximum of 40,000 square feet." LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Ordinance No. 1501 Page 3/3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, RENUMBERING CHAPTER 128 OF THE BALDWIN PARK MUNICIPAL CODE, AMENDING CHAPTER 127 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS PRODUCTION, AND CODIFYING MEASURE BP ("BALDWIN PARK MARIJUANA RETAIL SALES REGULATION AND TAXATION MEASURE") WHEREAS, at the November 8, 2022 General Municipal Election, a majority of Baldwin Park voters approved Measure BP, "The Baldwin Park Marijuana Retail Sales and Taxation Measure ("Measure BP") and WHEREAS, Measure BP contains (1) a statement of Purpose of Intent and (2) findings, which are incorporated in this Ordinance by this reference as if fully set forth herein; and WHEREAS, as an initiative measure, the text of Measure BP cannot be altered except by a vote of the people, yet for the convenience of regulating businesses under Measure BP and providing such businesses and the public notice of those regulations and the convenience of finding them in the Baldwin Park Municipal Code ("BPMC"), the City Council desires to codify them in their unaltered form in the BPMC with related enactments and to renumber another section of the BPMC so that all cannabis regulations are found in the same section of the Code; and WHEREAS, although Measure BP regulates non -retail or cannabis production businesses in some respects, it does not regulate them in every respect; therefore, the City Council desires to adopt some clarifications to the BPMC so that it is clear how the existing Council -enacted bodies of law regulating cannabis production relate to Measure BP. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The recitals above are true and correct and incorporated herein by reference. SECTION 2. Chapter 128 of the Municipal Code (Rental Rate Increases) shall be renumbered as Chapter 117 and its sections renumbered accordingly. SECTION 3. Chapter 127 of the Baldwin Park Municipal Code is hereby amended to read as follows: 1 Section 127.01 Purpose 127.02 Definitions 127.03 Relationship to other laws 127.04 Outdoor cultivation 127.05 Permitted use 127.06 Development agreement required 127.07 Permitted zones; distance and other conditions for approval 127.08 No transfer or change in ownership or location 127.09 Changing, altering, or modifying licensed premises 127.10 Grounds for denial of permit; additional conditions imposed 127.11 Security 127.12 Fees and charges 127.13 Limitations on city's liability 127.14 Inspections 127.15 Public nuisance prohibited 127.16 Appeals 127.17 Statewide regulation 127.18 Interpretation 4 § 127.01 PURPOSE. (A) Regulation. The purpose of this chapter is to regulate all commercial cannabis production activity in the City of Baldwin Park, as defined in § 26000 et seq. of the Cal. Business and Professions Code, to the extent authorized by state law and in a manner designed to minimize negative impact on the city, and to promote the health, safety, morals, and general welfare of residents and businesses within the city. This chapter regulates commercial cannabis production activity. Chapter 128 regulates retail commercial cannabis activity. (B) Specific Authority. This chapter is further adopted and established pursuant to the specific authority granted to the city in § 7 of Art. Xl of the Cal. Constitution and § 26000 of the Cal. Business and Professions Code. These regulations shall govern all commercial cannabis activity that occurs within the jurisdiction of the city. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.02 DEFINITIONS. Unless otherwise defined herein, the terms in this chapter 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: ADULT -USE CANNABIS. The use of cannabis for recreational purposes as distinguished from cannabis for medicinal purposes. ADULT -USE CANNABIS LICENSEE. Has the same meaning as that term A - LICENSEE as defined by § 26001(b) of the Cal. Business and Professions Code. APPLICANT. Has the same meaning as that term is defined by § 26001(d) of the Cal. Business and Professions Code. CANNABIS. Has the same meaning as that term is defined by § 26001(f) of the Cal. Business and Professions Code. CANNABIS BUSINESS has the same meaning as defined in Chapter 128 of the Municipal Code. CITY. The City of Baldwin Park, California. CHIEF EXECUTIVE OFFICER. The Chief Executive Officer of the city or a duly authorized designee. CODE. The Baldwin Park Municipal Code or the BPMC. COMMERCIAL CANNABIS ACTIVITY. Has the same meaning as that term is defined by § 26001(1) of the Cal. Business and Professions Code, including the exclusion in § 19319 of the Cal. Business and Professions Code. 3 COMMERCIAL CANNABIS PRODUCTION ACTIVITY means all forms of commercial cannabis activity except delivery, dispensing, and retail sale(s). "Delivery," dispensing," and "retail sales" are defined in Chapter 128 of the Code. CULTIVATION SITE. Has the same meaning as that term is defined by § 26001(n) of the Cal. Business and Professions Code. DAY-CARE. 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 care centers. DEVELOPMENT AGREEMENT means commercial cannabis agreement. DELIVERY has the same meaning as defined in Chapter 128 of the Municipal Code. DISPENSING has the same meaning as defined in Chapter 128 of the Municipal Code. DISTRIBUTION. Has the same meaning as that term is defined by § 26001(t) of the Cal. Business and Professions Code. DWELLING UNIT. Any building or portion thereof designed for living and sleeping purposes that contains independent cooking and sanitation facilities. ENCLOSED LOCKED STRUCTURE. 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 codes, city and state fire codes, and all other applicable laws. GOOD CAUSE. 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: (1) The applicant has not obtained approval by the City Council of a development agreement setting forth the general terms for the operation of a business under this chapter or a licensee breaches the terms of an applicable development agreement; (2) The applicant or licensee has violated any of the terms, conditions, or provisions of this chapter, state law, any regulations promulgated under state law, any applicable local ordinances or rules, or any special terms or conditions placed upon its state license, local license, or permit; (3) The licensed premises has been or is operated in a manner that adversely affects the public health, safety, or welfare of the immediate neighborhood in which the establishment is located; n (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; (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 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 § 26057(b)(4) of the Cal. Business and Professions Code; (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; (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 (8) An applicant or licensee is a licensed physician providing written recommendations to patients for cannabis. GOOD MORAL CHARACTER. 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 apply: (1) 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 Cal. 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 61 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; (b) A felony conviction for selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor; (c) A felony conviction for drug trafficking with enhancements pursuant to § 11370.4 or § 11379.8 of the Cal. Health and Safety Code; or (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. IMMATURE MARIJUANA PLANT 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. LICENSE. A permit to operate a commercial cannabis business unless clearly indicated by context that "LICENSE" means City business license. LICENSED PREMISES. 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 the 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. LICENSEE. A person who has been issued a commercial cannabis business permit under this chapter for a licensed premises. LIMITED ACCESS AREA. A building, room, or other area that is part of the licensed premises whose access is limited to certain authorized persons. MANUFACTURE. To compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. MANUFACTURER. 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. MEDICINAL AND ADULT -USE CANNABIS REGULATION AND SAFETYACT or MAUCRSA. Means Division 10 of the Cal. Business and Professions Code. 31 MEDICINAL CANNABIS. Has the same meaning as that term is defined by § 26001(ak) of the Cal. Business and Professions Code. MEDICAL CANNABIS BUSINESS means any person engaged in commercial production activity. OUTDOORS. Any location within the city that is not within an enclosed structure. OWNER. Any of the following, pursuant to § 26001(ao) of the Cal. Business and Professions Code: (1) A person with an aggregate ownership interest of 20% or more in the person 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. PERMIT means a cannabis permit that authorizes an entity to conduct commercial cannabis activity under this chapter. PERSON. Has the same meaning as that term is defined by § 26001(ag) of the Cal. Business and Professions Code. PHYSICIAN. An individual who possesses a license in good standing to practice medicine or osteopathy from the State of California. RETAIL SALES has the same meaning as defined in Chapter 128 of the Municipal Code. SOCIAL EQUITYAPPLICANT has the same meaning as that term is defined in Chapter 128 of the Municipal Code. STATE LAW. Means and includes Cal. Health and Safety Code, § 11362.5 (Compassionate Use Act of 1996); Cal. Health and Safety Code §§ 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. STATE LICENSE. Has the same meaning as that term is defined by § 26001(a) of the Cal. Business and Professions Code. STATE LICENSING 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 7 the Cal. Business and Professions Code or any state agency authorized to take disciplinary action against such local license. WRITTEN DOCUMENTATION. Shall have the meaning set forth in § 11362.7(i) of the Cal. Health and Safety Code. YOUTH CENTER. 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, video arcades, or similar amusement park facilities. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 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 § 26000) of the Cal. Business and Professions Code. In the event of a conflict between the provisions of this chapter and state statutes or regulations, state law shall control. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.04 OUTDOOR CULTIVATION. It is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the city to use or allow such premises to be used for the outdoor cultivation of cannabis plants. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.05 PERMITTED USE. (A) Permit Required. Commercial Cannabis Production Activity shall only be permitted to operate in the CITY pursuant to the issuance of a Permit approved by the City Council or staff designee and a business license issued by the CITY in accordance with the criteria and procedures set forth in Chapter 127 of this Code and in compliance with the BPMC. No land -use entitlement, permit (including building permit) approval, site plan, certificate of occupancy, zoning clearance, or other land -use authorization for a commercial cannabis production activity shall be granted or permitted unless it complies with the provisions of this chapter and the applicable building standards and the BPMC. (B) Strict Compliance. All Persons who are engaged in or who are attempting to engage in Commercial Cannabis Production 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 State and CITY laws. (C) Chief Executive Officer Authorized. The Chief Executive Officer is authorized to establish policies and procedures consistent with the intent and spirit of this Chapter concerning the applications, the application process, the information required of Applicants, the application procedures and the administration and procedures to be used and followed in the application and process. (D) Delivery. Delivery within the City by commercial cannabis production businesses is prohibited. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.06 DEVELOPMENT AGREEMENT REQUIRED. Prior to operating in the city and as a condition of issuance of a permit, the applicant for a commercial cannabis production business shall enter into a development agreement with the city setting forth the terms and conditions under which the facility will operate that is in addition to the requirements of this chapter, 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 BPMC), and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the city. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.07 PERMITTED ZONES; DISTANCE AND OTHER CONDITIONS FOR APPROVAL. Maximum number of commercial cannabis permits. The maximum number of commercial cannabis permits shall be established by separate resolution of the City Council. A maximum of 22,000 square feet of permitted commercial cannabis activity may be allowed, maintained, or operated in the city at any time; except that, distribution only, shall be allowed a maximum of 40,000 square feet." (A) Manufacturing site. (1) No manufacturing shall be located within 600 feet of a school, daycare, or youth center, or within 50 feet of a dwelling unit within a residential zone, pursuant to division (E) of this section; 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 division (A)(2) below. 7 (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, or youth center, and shall not be located within 25 feet of a dwelling unit within a residential zone, pursuant to division (E) of this section. (3) Subject to the distance and other requirements of this chapter and the code, a licensed manufacturing premises may only be located on 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 and a commercial cannabis production 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 manufacturing sites and other specific land uses. (4) All manufacturing of cannabis shall occur in an enclosed structure. (5) Licensed premises for manufacturing shall not exceed the 22,000 square feet maximum authorized pursuant to the controlling development agreement. (6) From a public right-of-way, there should be no exterior evidence of the manufacturing of cannabis or manufactured cannabis except for any signage authorized by this code. (7) All licensed premises shall comply with the city's lighting standards including, without limitation, fixture type, wattage, illumination levels, and shielding and secure the necessary approvals and permits as needed. (8) All windows on the licensed premises of the manufacturing site shall be appropriately secured and all cannabis securely stored. (9) All operations conducted on 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 the Los Angeles County Code, Title 32, Fire Code ("CFC") § 202, are to be used in the processing of medical cannabis or adult use, then the provisions of CFC § 407 shall be applicable where hazardous materials subject to permits under CFC § 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 CFG 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 T of dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with CFC Chapter 50 and 57. (12) Licensed premises 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 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) 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 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 with the provisions of all state and county health and safety laws regarding the preparation, distribution, labeling, and sale of food. (16) 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. (17) 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. (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, daycare, park, or youth center, or within 50 feet of a dwelling unit within a residential zone, pursuant to division (E) of this section. (1) Subject to the distance and other requirements of this chapter and the code, a licensed premises may only be a property within the Industrial (1) or Industrial - Commercial (I-C) zones, and following the application for and granting of a development agreement by the city and a business permit in accordance with this chapter. The M proposed use will comply with the minimum requirements set forth in this chapter for distance separations between specific land uses. (2) All cultivation sites shall occur in an enclosed locked structure. Licensed premises 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. (4) All cultivation sites shall comply with the city's lighting standards including, without limitation, fixture type, wattage, illumination levels, and 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, city and California building codes, fire codes, electrical codes, and all other applicable laws. (7) Cultivation sites 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 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. (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 sites. (1) A distribution licensee shall carry or move cannabis within the city in accordance with MAUCRSA and state regulations. (2) No distribution site shall be located within 600 feet of a school, daycare center, or youth center or within 24 feet of a dwelling unit within a residential zone, pursuant to division (E) of this section. 19 (3) Subject to the distance and other requirements of this chapter and the code, a licensed premises may only be a property within the Industrial (1) or the Industrial - Commercial (I-C) zones, and following the application for and granting of a development agreement by the city 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. (4) All distribution, including but not limited to packaging, repackaging, loading, and unloading of products shall occur in an enclosed structure. (5) Licensed premises for distribution shall not exceed the 40,000 square feet maximum; it may be less than 40,000 square feet as negotiated pursuant to the controlling development agreement. (6) From a public right-of-way, there should be no Exterior evidence of commercial cannabis activity except for any signage authorized by this code. (7) All licensed premises shall comply with the city's 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 premises of the distribution site shall be appropriately secured and all cannabis securely stored. (9) All operations conducted on 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. (10) Licensed premises 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 CFC. For distribution sites that will be situated 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. (11) Suitability of the proposed property. 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. (D) Nonconforming Use. Any Commercial Production Cannabis Activity established or operating in the CITY 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 Commercial Cannabis Production Activity operating unlawfully is eligible for a Permit. Further, any such unlawfully established Commercial Production Cannabis Activity shall constitute a public nuisance subject to abatement by the CITY, pursuant to Chapter 95, Section 95.09. (E) Distances. All distances specified in this section shall be measured in the following manner: 13 (1) For schools, Day -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 Commercial Production 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 production business is to be located without regard to intervening structures. (F) Factors considered for permit approval. Approval of a permit shall take into account the safety of the public, including, but not limited to, the following factors: (1) Suitability of the proposed property; (2) Suitability of 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. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.08 NO TRANSFER OR CHANGE IN OWNERSHIP OR LOCATION. (A) An Owner who obtains a Permit under this chapter may not sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her ownership interest in the Commercial Cannabis Production Activity covered by any Permit issued under this Chapter without a written request deemed appropriate by Chief Executive Office of the CITY, or his/her designees, and City Council approved, fully executed and effective Development Agreement. (B) The Licensed 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 Council, regardless of any possessory interest or right to possession to such additional space. 14 (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 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 premises. Evidence of lawful possession consists of properly executed deeds of trust, leases, or other 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 permit, the licensee 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 agreement, without the prior written approval of the City Council or its designee. The licensee whose 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 the location; (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, such as the cultivation 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 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 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 production cannabis activity. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) Rejection; findings. The Chief Executive Officer or designee may (1) reject an application or (2) revoke a permit pursuant to Section 127.15.5, upon making any of the following findings: (A) The applicant made one or more false or misleading statements or omissions on the registration application or during the application process; (B) The applicant's business entity, if applicable, is not properly organized in strict compliance pursuant to the applicable law, rules, and regulations; (C) The applicant fails to meet the requirements of this chapter or any regulation adopted pursuant to this chapter; (D) The applicant'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; (E) The applicant, or any of its officers, directors, owners, managers, or employees is under 21 years of age; (F) The applicant, or any of its officers, directors, or owners, or any person who is managing or is otherwise responsible for the activities of the licensed premise, or any employee who participates in the dispensing, cultivation, processing, manufacturing, delivery, or transporting of medical marijuana or who participates in the daily operations of the medical and adult use marijuana facility, has been convicted of a violent felony, a felony, or misdemeanor involving fraud, deceit, embezzlement, or moral turpitude; (G) The applicant or any of its officers, directors, owners, or managers is a licensed physician making patient recommendations for cannabis; (H) The applicant or any of its officers, directors, owners, or managers has been sanctioned by the city, the State of California, or any county for unregistered medical cannabis activities or has had a registration revoked under this chapter in the three prior years; Wei (1) The applicant did not pay to the city the required application and processing fees or is in violation of the terms of its development agreement; (J) Good cause exists to deny or revoke the application, as defined in this chapter. (K) 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 city. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 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 or her designee. The cameras shall be in use 24 hours per day, seven 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 or her 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. (6) All waste and disposal containers shall be stored in a secure area and be under the control of the licensee's staff. (B) Security alarm systems; minimum requirements. (1) Each licensed premises shall have a security alarm system, installed by a licensed alarm company that alerts the alarm monitoring company on all premises entry points and windows. (2) Each licensed premises must be continuously monitored by an alarm monitoring company. lA (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 a 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 video surveillance records 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 a� (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 or her 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 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. (6) 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. (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 1: 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 premises of any prolonged surveillance interruption 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 four 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 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. (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. (G) Location and maintenance of surveillance equipment. (1) 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. (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 lX 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) Off -site monitoring and video recording storage of the licensed premises or by an independent third -party is authorized as long as standards exercised at the remote location meet or exceed all standards for on -site monitoring. (4) 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 premises 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. (1) 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's security plan includes the presence of security personnel on premises or patrolling the premises 24 hours per day. WE (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.12 FEES AND CHARGES. Prior to operating in the city, the operator of each licensed 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: (A) Application fee for accepting a registration application, due and payable in full at the time an application is submitted; (B) Processing fee for the cost to the city 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; (C) Permit issuance fee for the cost to the city of preparing a development agreement, City Council review and approval of the development agreement and the permit, and preparation and issuance of the permit as authorized by the City Council, due and payable in full at the time the city issues a permit; (D) Amended registration fee for the cost to the city 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 city; (E) 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; (F) 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 city; and (G) Any fees set forth in the applicable development agreement. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.13 LIMITATIONS ON CITY'S LIABILITY. (A) No city liability. To the fullest extent permitted by law, the City does not assume any liability whatsoever, with respect to approving any Permit pursuant to this chapter or the operation of any Commercial Cannabis Production Activity approved under to this Chapter. (B) Indemnity and insurance. As a condition of approval of a permit as provided in this chapter, the applicant or its legal representative shall do the following: W (1) Execute an agreement indemnifying the city 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 or customers 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 city as an additional insured on all city -required insurance policies; (4) Agree to defend, at its sole expense, any action against the city, its agents, officers, and employees related to the approval of the licensee's regulatory permit; and (5) Agree to reimburse the city for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge related to the city's approval of the licensee's regulatory permit. The city 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. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 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 chapter, to inspect and copy records required to be maintained under this chapter, 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; W (2) The licensee or applicant 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 BPMC; (3) The licensee 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 chapter; (5) The licensee relocates to a different location or premises without City Council approval and authorization; and (6) The licensee 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. The city shall initiate abatement proceedings as authorized by the code, if necessary, to correct any violation of this chapter or code. (E) Violation deemed misdemeanor - penalty. Any person violating any of the provisions of this chapter 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 Cal. Penal Code § 19. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 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 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 noise levels set by Baldwin Park Zoning Code § 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 23 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. (F) Commercial cannabis production activity without a valid City permit and business license. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.15.5 REVOCATION (A) Permit revocation. The Chief Executive Officer may revoke a permit upon a finding of any of the following: (1) The permit was obtained or extended by false, misleading or incomplete information; (2) The use or development for which such approval was granted has ceased to exist by voluntary abandonment; (3) One or more of the conditions upon which the permit was approved have been violated, or have not been complied with; (4) One of the grounds for permit denial or revocation listed in Section 127.10 exists; (5) The use or development has violated another ordinance or law; or (6) The use or development under the permit is being conducted in a manner 4etrimental to public health, safety, or welfare, or such use or development constitutes:M public nuisance. (C) Permit revocation public hearing. A hearing by the Chief Executive O-I'Vicer or their designee is required for any action to revoke a permit. Pursuant to the hearing an4 the facts determined pursuant thereto, the Chief Executive Officer may revoke the permit, refuse to revoke the permit or modify or delete conditions of approval or add new conditions of approval in order to address the issues raised in the revocation hearing. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) 24 § 127.16 APPEALS Any decision regarding or pertaining to the permit process or permit revocation set forth in this chapter, or any action taken by the Chief Executive Officer or designee pursuant hereto, may be appealed to the City Council. Such appeal shall be taken by filing with the City Clerk, within ten 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 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 Council on such appeal shall be final and binding on all parties concerned. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.17 STATEWIDE REGULATION This Chapter, and the provisions herein, shall be read consistent with any statewide regulation of Commercial Cannabis Production Activity now and in the future. This ordinance shall govern the conduct of a business allowed to operate a commercial cannabis production activity in the CITY. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.18 INTERPRETATION The provisions of this Chapter shall be read to be consistent with State laws, this chapter, and this Code. At no time shall a Commercial Production Cannabis Activity in compliance with state law and this Code be deemed to be an unlawful business. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.20 ADDITIONAL OPERATING REQUIREMENTS FOR DISTRIBUTION JA) Distribution shall comply with State law at all times. (B) Security plans developed pursuant to this Chapter 128 shall include provisions relating to vehicle security and the protection of employees and product during loading, unloading and in transit. (C) A distributor shall only permit or allow delivery of cannabis or cannabis products in a vehicle that is (1) insured at or above the legal requirement in the State; (2) capable of securing (locking) the cannabis or cannabis products during R transportation; (3) capable of being temperature controlled if perishable cannabis or cannabis products is being transported; and (4) does not display advertising or symbols visible from the exterior of the vehicle that suggest the vehicle is used for cannabis delivery or affiliated with a retailer. (D) A distributor shall facilitate distributions with a technology platform owned by or licensed to the distributor that uses global positioning system technology to track, and database technology to record and store the following information: (1) The time that the individual conducting distribution on behalf of the distributor departed the licensed premises. (2) The time that the individual conducting distribution on behalf of the distributor completed distribution to the manufacture, cultivator or retailer or returned to the licensed premises to store the cannabis and cannabis products. (3) The time that the individual conducting distribution on behalf of the manufacture, cultivator or retailer returned to the licensed premises. (4) The route the individual conducting distribution on behalf of the distributor traveled between departing and returning to the licensed premises to conduct the distribution or transportation for storage. (5) For each individual distribution transaction, the identity of the individual conducting distribution on behalf of the manufacture, cultivator or retailer. (6) For each individual distribution transaction, the vehicle used to conduct distribution on behalf of the manufacture, cultivator or retailer. (7) For each individual distribution transaction, the identity of the individual conducting distribution on behalf of the distributor. (E) Each cannabis distributor permit holder shall maintain accurate books and records, detailing all of the revenues and expenses of all cannabis distribution and storage. On no less than an annual basis, or at any time upon reasonable request of the city, each cannabis distributor permit holder shall file a sworn statement detailing the distribution and storage of cannabis during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a monthly basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid. If, upon written request from the City, each cannabis distributor permit holder shall make available to the City all books, records, accounts, inventory and access to onsite operations of persons engaged in cannabis distribution specific to the business, including examination of both state and federal income tax returns, sales tax returns, or other evidence documenting the finances pertaining to cannabis distribution in the City for the purpose of verifying compliance with this Chapter and any other applicable provision of this Code. (F) Employees distributing cannabis or cannabis products on behalf of the permittee may not receive anything tangible from the manufacture, producer or retailer. Kne All payments for the cannabis or cannabis products should be transmitted to the permittee electronically. (G) A distributor shall not leave cannabis or cannabis goods in an unattended motor vehicle outside of the distributor's hours of operation. A distributor shall ensure that vehicles used for delivery of cannabis or cannabis products are cleared of all cannabis or cannabis products before ceasing daily operations. SECTION 4: Chapter 128 is hereby added to the Baldwin Park Municipal Code to read as follows: CHAPTER 128. Cannabis Retailers 128.01 Cannabis retailers prohibited unless specifically authorized 128.02 Compliance with laws 128.03 Definitions 128.04 Retail cannabis business permit required 128.05 Location and design requirements for cannabis retailers 128.06 Chapter 127 priority cannabis retailer application procedure 128.07 City Council developed cannabis retailer application procedure 128.08 Limitations on the city's liability 128.09 Retail cannabis business permit term 128.10 Suspension and revocation of retail cannabis business permits 128.11 Appeals regarding retail cannabis business permits 128.12 Change in location; updated application information 128.13 Transfer of a retail cannabis business permit 128.14 Records and recordkeeping 128.15 Security measures 128.16 Restriction on alcohol and tobacco sales 128.17 Fees and charges lA 128.18 General operating requirements 128.19 Additional operating requirements 128.20 Additional operating requirements for delivery 128.21 Promulgation of regulations, standards, and other legal duties 128.22 Community relations 128.23 Fees deemed debt to city 128.24 Permittee, owner, and property owner responsible for violations 128.25 Inspection and enforcement 128.26 Concurrent regulation with the state 128.27 Violations declared a public nuisance 128.28 Each violation a separate offense 128.29 Criminal penalties 128.30 Remedies cumulative and not exclusive § 128.01 CANNABIS RETAILERS PROHIBITED UNLESS SPECIFICALLY AUTHORIZED (A) Except as specifically authorized by this Chapter 128, to the fullest extent permitted by State law, the City expressly prohibits any and all commercial cannabis retailers within the City. In particular and if allowable under State law, the City hereby expressly prohibits the delivery of cannabis and cannabis products within the City except by cannabis retailers based within the City and permitted under this Chapter 129. If the City is required by State law to permit the delivery of cannabis and cannabis products by commercial cannabis businesses or cannabis retailers not based within the City, such commercial cannabis businesses and cannabis retailers not based within the City shall be required to comply with the requirements under this Chapter 128, including the City retail cannabis business permit application and approval processes under Section 128.07. (B) Nothing in this Chapter 128 shall be construed or interpreted to permit the commercial possession, furnishing, manufacture, cultivation, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of industrial hemp. (C) To the extent expressly authorized in this Chapter 128 and Title XV of the City Municipal Code, cannabis retailers are permitted in the City, subject to the satisfaction of all requirements set forth in this Chapter 128, Title XV of the City Municipal Code, MAUCRSA, and all other applicable State and local laws, rules, and regulations. § 128.02 COMPLIANCE WITH LAWS It is the responsibility of the owners, managers, officers, employees, and agents of any cannabis retailer to ensure that it is operating in a manner compliant with all applicable State and local laws and any regulations promulgated thereunder. Nothing in this Chapter 128 shall be construed as in conflict with State law. § 128.03 DEFINITIONS When used in this Chapter 128, the following words shall have the meanings ascribed to them as set forth herein. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any reference to State statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision. "APPLICANT' means the person applying for the retail cannabis business permit under this Chapter 128 (not the owners or the managers of the applicant). "CANNABIS" has the same meaning as defined in Chapter 127 of the City Municipal Code. "CANNABIS BUSINESS" means a person engaged in commercial cannabis activity. "CANNABIS CONCENTRATE' means cannabis that has undergone a process to concentrate one or more active cannabinoids, thereby increasing the product's potency. Resin from granular trichomes from a cannabis plant is a concentrate for purposes of this Chapter 6. A cannabis concentrate is not considered food, as defined by Section 109935 of the State Health & Safety Code, or drug, as defined by Section 109925 of the State Health & Safety Code. "CANNABIS PRODUCT' means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. "CALENVIROSCREEN" means the California Communities Environmental Health Screening Tool or any successor screening methodology used by the Office of Environmental Health Hazard Assessment. FX "CAREGIVER" or "PRIMARY CAREGIVER" has the same meaning as that term is defined in Section 11362.7 of the State Health & Safety Code. "CHIEF EXECUTIVE OFFICER" means the CHIEF EXECUTIVE OFFICER of the City of Baldwin Park or his or her designee(s). "CHIEF OF POLICE' means the Police Chief of the City of Baldwin Park Police Department or his or her designee(s). "CITY' means the City of Baldwin Park, State of California. "CITY ATTORNEY' means the City Attorney of the City of Baldwin Park or his or her designee(s). "CITY COUNCIL" means the City Council of the City of Baldwin Park. "COMMERCIAL CANNABIS ACTIVITY' has the same meaning as defined in Chapter 127 of the City Municipal Code. "COMMERCIAL CANNABIS PRODUCTION ACTIVITY' has the same meaning as defined in Chapter 127 of the City Municipal Code. "COUNTY' means the County of Los Angeles, State of California. "CUSTOMER" means a natural person twenty-one (21) years of age or over or a natural person eighteen (18) years of age that is a qualified patient or primary caregiver. "DAY-CARE"has the same meaning as defined in Chapter 127 of the City Municipal Code. "DELIVERY' means the commercial transfer of cannabis or cannabis products to a customer. DELIVERY also includes the use by a retailer of any technology platform owned and controlled by the retailer. "DISPENSARY' or "RETAILER" or "CANNABIS RETAILER" means a location where cannabis, cannabis products, or devices for the use of cannabis or cannabis products are offered, either individually or in any combination, for retail sale or cannabis business that dispenses cannabis, cannabis products, or devices for the use of cannabis or cannabis products, including a cannabis business that delivers cannabis and cannabis products. "DISPENSING" or "RETAIL SALE(S)" means any commercial cannabis activity involving the retail sale of cannabis or cannabis products from a retailer. "EDIBLE CANNABIS PRODUCT' means a cannabis product that is intended to be used, in whole or in part, for human consumption, including, but not limited to, chewing gum, but excluding products set forth in Division 15 (commencing with Section 32501) of the State Food & Agriculture Code. An edible cannabis product is not considered food, as defined by Section 109935 of the State Health & Safety Code, or drug, as defined by Section 109925 of the State Health & Safety Code. An 30 edible cannabis product shall not be deemed to be adulterated pursuant to Section 26131 of the State Business & Professions Code solely because it contains cannabis. "EMPLOYEE' means each natural person employed by a cannabis retailer who is a part-time, full-time, temporary, or permanent employee. "LABOR PEACE AGREEMENT' means an agreement between a cannabis retailer and any bona fide labor organization that, at a minimum, protects the City's proprietary interests by prohibiting labor organizations and members from engaging in picketing, work stoppages, boycotts, and any other economic interference with a cannabis retailer. This agreement means that the cannabis retailer has agreed not to disrupt efforts by the bona fide labor organization to communicate with, and attempt to organize and represent, the cannabis retailer's employees. The agreement shall provide a bona fide labor organization access at reasonable times to areas in which the cannabis retailer's employees work, for the purpose of meeting with employees to discuss their right to representation, employment rights under State law, and terms and conditions of employment. "LICENSING AUTHORITY' means a State agency responsible for the issuance, renewal, or reinstatement of State license, or a State agency authorized to take disciplinary action against a State licensee. "MANAGER" means any individual who will be participating in the direction, control, or management of an applicant or a permittee, including but not limited to, any (i) manager or managing member or other officer of a limited liability company or (ii) president, chief executive officer, secretary, treasurer, chief financial officer, or other officer of a for profit corporation. "MARIJUANA" means "CANNABIS" as that term is defined in this Chapter 128 "MAUCRSA" means Division 10 (commencing with Section 26000) of the State Business and Professions Code and any regulations promulgated thereunder. "MEASURE' means The Baldwin Park Marijuana Retail Sales Regulation and Taxation Measure. "OWNER" means any of the following: (1) A person owning in the aggregate equity interests representing twenty (20) percent or more of the voting power of all outstanding equity in the applicant or a permittee; (2) The president, chief executive officer, secretary, treasurer, or chief financial officer of a nonprofit applicant or permittee; or (3) A member of the board of directors of a nonprofit applicant or permittee. Notwithstanding the above, every applicant and permittee must have at least one individual person designated as an "OWNER" for the purpose of compliance with this 31 Chapter 128, including the review and evaluation of any retail cannabis business permit application. "PANIC BUTTON" means an emergency electronic contact device which allows an employee in the event of an ongoing crime, threat, or other emergency to alert a security guard responsible for providing immediate on -scene assistance. "PATIENT' or "QUALIFIED PATIENT' means a natural person who is entitled to the protections of Section 11362.5 of the State Health & Safety Code and includes a person issued an identification card issued pursuant to Article 2.5 of Chapter 128 of Division 10 of the State Health & Safety Code. "PERMITTEE' means the holder of a valid, City -issued retail cannabis business permit. "PERSON" means an individual or natural person, firm, partnership, joint venture, association, corporation, limited liability company, estate, trust, business trust, receiver, syndicate, or any other group or combination acting as a unit and includes the plural as well as the singular number. "PERSON WITH AN IDENTIFICATION CARD" shall have the meaning given to that term in Section 11362.7 of the State Health & Safety Code. "PREMISES" means the designated structure or structures and land specified in the retail cannabis business permit application that is owned, leased, or otherwise held under the control of the applicant or permittee where cannabis retail sales will be or is conducted. The premises shall be a contiguous area and shall only be occupied by one permittee. "RETAIL CANNABIS BUSINESS PERMIT' means a regulatory permit / license issued by the City pursuant to this Chapter 128 to a cannabis retailer and is required before any cannabis retail sales may be conducted in the City and is made expressly contingent upon the cannabis retailer's ongoing compliance with all of the requirements of this Chapter 128 and any regulations adopted by the City governing cannabis retail sales. "SALE' means any sale, exchange, or barter or other transaction for any consideration. "SCHOOL" means as evidenced by the State Department of Education school directory, a public school instructing children in grades kindergarten through 12, as authorized by the State Department of Education or a private school instructing children in grades kindergarten through 12 that has filed a verification of private school affidavit with the State Department of Education pursuant to Section 33190 of the State Education Code, excluding any private school in which education is primarily conducted in a private home. Pursuant to the authority delegated by the State to the City under Section 26054(b) of the State Business & Professions Code, this definition of "school" under this Chapter 128 shall override the definition of "school" used in MAUCRSA or Section 11362.768 of the Health & Safety Code. 32 "SOCIAL EQUITY APPLICANT' means an individual or natural person that meets criteria, or the aggregate ownership interest of fifty-one (51) percent in an entity by an individual or natural person that meets criteria, established by the City Council, pursuant to the procedures set forth in the State Government Code and the City Municipal Code and without prior approval of the electorate, by the adoption or amendment of one or more ordinances, provided that such ordinance or amendment is adopted by a two- thirds vote of the entire membership of the City Council and meets the following minimum standards: (1) An individual or natural person from a low-income household and has either (1) a past conviction for a cannabis crime or (2) an immediate family member with a past conviction for a cannabis crime is a "social equity applicant"; (2) An individual or natural person from a low-income household in a zip code identified as at least sixty percent (60%) according to CalEnviroScreen for a five (5) consecutive year period and has either (1) a past conviction for a cannabis crime or (2) an immediate family member with a past conviction for a cannabis crime is a "social equity applicant"; and (3) An individual or natural person from a low-income household and has either (1) five (5) years cumulative residency in a zip code identified as at least seventy percent (70%) according to the CalEnviroScreen or (2) ten (10) years cumulative residency in a zip code identified by CalEnviroScreen is a "social equity applicant". "STATE' means the State of California. "STATE LICENSE' means a permit or license issued by the State, or one of its departments or divisions, under MAUCRSA and any subsequent State legislation regarding the same to engage in cannabis retail sales. "TOPICAL CANNABIS" means a cannabis product intended for external application and/or absorption through the skin. A topical cannabis product is not considered a drug as defined by Section 109925 of the State Health & Safety Code. "YOUTH CENTER" has the same meaning as defined in Chapter 127 of the City Municipal Code. § 128.04 RETAIL CANNABIS BUSINESS PERMIT REQUIRED (A) No person shall operate a cannabis retailer or engage in cannabis retail sales within the City unless such business or activity is currently in compliance with all applicable State and local laws, rules, and regulations and the cannabis retailer has: (1) A valid City business license to conduct such business or activity; (2) A valid retail cannabis business permit issued by the City pursuant to this Chapter 128 to conduct such business or activity; 33 (3) A valid State license authorizing such business or activity in the City; and (4) A valid certificate of occupancy issued by the City's Building & Safety Division to conduct the cannabis retail sales at the premises identified in the retail cannabis business permit. § 128.05 LOCATION AND DESIGN REQUIREMENTS FOR CANNABIS RETAILERS (A) Pursuant to the authority delegated by the State to the City under Section 26054(b) of the State Business & Professions Code and overriding the location and design requirements contained in Section 26054(b) of the State Business & Professions Code, cannabis retailers in the City shall be subject to the following location and design requirements: (B) A cannabis retailer shall not be located on property within (1) six hundred (600) feet of a school, day-care, or youth center or (2) fifty (50) feet of a dwelling unit within a residential zone. (C) Subject to the requirements of this Chapter 128, a cannabis retailer may only be located on property zoned Industrial (1) or Industrial -Commercial (I-C). (D) All distances specified in this Section 128.05 shall be measured in the following 11MI DHO (1) For schools, day-care, 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 retailer is to be located without regard to intervening structures. (2) For determining distance to dwelling units within 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 retailer is to be located without regard to intervening structures (E) Notwithstanding any of the above requirements contained in Subsections A through C, a cannabis retailer may be located on any property that is or was covered by a development agreement entered into and approved pursuant to Chapter 127 of the City Municipal Code prior to January 1, 2018, subject to the remaining requirements of this Chapter 128. (F) Each cannabis retailer shall: (1) Be constructed in a manner that prevents odors to surrounding uses, and promotes quality design and construction, and consistency with the surrounding properties. Odors from the cannabis retailer shall not be detectable from outside the premises and adequate odor control technology shall be utilized; (2) Be provided with adequate electricity, sewage, disposal, water, fire protection, and storm drainage facilities for the intended purpose; and 34 (3) Maintain a neighborhood compatibility plan so the City Manager or designee(s) may find that the cannabis retailer and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare of persons residing, working, visiting, or recreating in the surrounding neighborhood and will not result in the creation of a nuisance. PROCEDURE (A) The People of the City find that: (1) The City Council permitted the operation of numerous cannabis businesses engaged in commercial cannabis production activity under Chapter 127 of this Code; (2) The vast majority of the cannabis businesses permitted under Chapter 127 of this Code have failed to successfully commence commercial cannabis production activity and comply with the requirements of the development agreement they entered into with the City under Chapter 127 of this Code; (3) However, certain cannabis businesses permitted under Chapter 127 of this Code have successfully commenced commercial cannabis production activity and substantially complied with the requirements of the development agreement they entered into with the City under Chapter 127 of this Code; (4) Providing the owners of cannabis businesses permitted under Chapter 127 of this Code that have successfully commenced commercial cannabis production activity and substantially complied with the requirements of the development agreement they entered into with the City under Chapter 127 of this Code priority in the issuance of retail cannabis business permits under this Chapter 128 carries out the purpose and intent of the Measure; (5) Because of its history as an illegal industry, unfair and substandard labor practices proliferate throughout the cannabis industry; (6) A proven track -record of cannabis business operations with high labor standards and commitment to labor peace carries out the purpose and intent of the Measure; and (7) Providing the owners of licensed cannabis businesses with a proven track - record of cannabis business operations with high labor standards and commitment to labor peace, as demonstrated by an active, long-term collective bargaining agreement with a labor organization that currently represents cannabis workers in the United States, priority in the issuance of retail cannabis business permits under this Chapter 128 carries out the purpose and intent of the Measure. (B) Within thirty (30) days following the effective date of this Chapter 128, the Chief Executive Officer, pursuant to Section 128.21, shall, as a ministerial duty, make available the necessary forms, adopt any necessary application rules for the 35 submission, intake, review, and approval of retail cannabis business permit applications for cannabis retailers meeting the following criteria: (1) An owner or owners of the applicant with an aggregate ownership interest of fifty percent (50%) or more are or were an owner or owners on or prior to July 1, 2021, with an aggregate ownership interest of fifty percent (50%) or more of a cannabis business (and remains an owner or owners with an aggregate ownership interest of fifty percent (50%) or more on the date of the application submission under this Section 128.06) in the City that entered into a development agreement approved pursuant to Chapter 127 of the City Municipal Code prior to January 1, 2018; (2) The cannabis retailer will be located on the property that is referenced in the development agreement entered into and approved pursuant to Chapter 127 of the City Municipal Code prior to January 1, 2018, referenced above in Subsection 1; (3) The cannabis retailer will be located on a property that is or was covered by (whole or in part) a State license to conduct one or more forms of commercial cannabis production activity issued by a licensing authority prior to January 1, 2019; (4) The cannabis retailer will be located on a property that is or was covered by (whole or in part) a certificate of occupancy to conduct one or more forms of commercial cannabis production activity issued by the City's Building & Safety Division prior to January 1, 2021; (5) An owner or owners of the applicant with an aggregate ownership interest of fifty percent (50%) or more are or were an owner or owners on or prior to July 1, 2021, with an aggregate ownership interest of fifty percent (50%) or more of a cannabis business (and remains an owner or owners with an aggregate ownership interest of fifty percent (50%) or more on the date of the application submission under this Section 128.06) in the City that paid at least one calendar quarter of mitigation fees due under a development agreement approved pursuant to Chapter 127 of the City Municipal Code following issuance of a certificate of occupancy to conduct one or more forms of commercial cannabis production activity to the cannabis business; and (6) The individual or natural person owner or owners of the applicant (disregarding any intervening or intermediary entity owner or owners of the applicant) with an aggregate ownership interest of one hundred percent (100%) have entered into a collective bargaining agreement with a labor organization that currently represents cannabis workers in the United States effective since at least July 1, 2021, inclusive of renewals (and remaining effective, inclusive of renewals, on the date of the application submission under this Section 128.06) or an owner or owners of the applicant with an aggregate ownership interest of one hundred percent (100%) are an owner or owners on or prior to July 1, 2021, with an aggregate ownership interest of fifty percent (50%) or more of a cannabis business (and remains an owner or owners with an aggregate ownership interest of fifty percent (50%) or more on the date of the application submission under this Section 128.06) that entered into a collective bargaining agreement with a labor organization that currently represents cannabis workers in the United States effective since at least July 1, 2021, inclusive of renewals (and remaining 36 effective, inclusive of renewals, on the date of the application submission under this Section 128.06). (C) Within thirty (30) days of receipt of a retail cannabis business permit application for a cannabis retailer submitted under Subsection B, the Chief Executive Officer shall, as a ministerial duty, review the retailer application for the following minimum requirements: (1) Payment of an application fee established by resolution of the City Council within thirty (30) days following the effective date of this Chapter 128 to cover all costs incurred by the City in the application process under this Section 128.06; (2) Sufficient evidence of the legal right to use the proposed property for the proposed use, to include a lease, sublease, purchase agreement, assignment of purchase agreement, or lease or purchase option, in the name of the applicant, which may include nominal consideration and be contingent upon issuance of a retail cannabis business permit or other approvals. The City shall only consider one applicant per County Assessor's Identification Number. In the event that more than one applicant applies for a retail cannabis business permit application at a given property address or a given County Assessor's Identification Number, the Chief Executive Officer shall, as a ministerial duty, only accept the retail cannabis business permit application with the earliest dated evidence of the legal right to use the proposed property for the proposed use in the name of the applicant; (3) Sufficient evidence to demonstrate that an owner or owners of the applicant with an aggregate ownership interest of fifty percent (50%) or more are or were an owner or owners on or prior to July 1, 2021, with an aggregate ownership interest of fifty percent (50%) or more of a cannabis business (and remains an owner or owners with an aggregate ownership interest of fifty percent (50%) or more on the date of the application submission under this Section 128.06) in the City that entered into a development agreement approved pursuant to Chapter 127 of the City Municipal Code prior to January 1, 2018; (4) Sufficient evidence to demonstrate that the cannabis retailer will be located on the property that is referenced in the development agreement entered into and approved pursuant to Chapter 127 of the City Municipal Code prior to January 1, 2018, referenced above in Subsection 3; (5) Sufficient evidence to demonstrate that the cannabis retailer will be located on a property that is or was covered by (whole or in part) a State license to conduct one or more forms of commercial cannabis production activity issued by a licensing authority prior to January 1, 2019; (6) Sufficient evidence to demonstrate that the cannabis retailer will be located on a property that is or was covered by (whole or in part) a certificate of occupancy to conduct one or more forms of commercial cannabis production activity issued by the City's Building & Safety Division prior to January 1, 2021; 37 (7) Sufficient evidence to demonstrate that an owner or owners of the applicant with an aggregate ownership interest of fifty percent (50%) or more are or were an owner or owners on or prior to July 1, 2021, with an aggregate ownership interest of fifty percent (50%) or more of a cannabis business (and remains an owner or owners with an aggregate ownership interest of fifty percent (50%) or more on the date of the application submission under this Section 128.06) in the City that paid at least one calendar quarter of mitigation fees due under a development agreement approved pursuant to Chapter 127 of the City Municipal Code following issuance of a certificate of occupancy to conduct one or more forms of commercial cannabis production activity to the cannabis business; (8) Sufficient evidence to demonstrate that (a) the individual or natural person owner or owners of the applicant (disregarding any intervening or intermediary entity owner or owners of the applicant) with an aggregate ownership interest of one hundred percent (100%) have entered into a collective bargaining agreement with a labor organization that currently represents cannabis workers in the United States effective since at least July 1, 2021, inclusive of renewals (and remaining effective, inclusive of renewals, on the date of the application submission under this Section 128.06) or (b) an owner or owners of the applicant with an aggregate ownership interest of one hundred percent (100%) are an owner or owners on or prior to July 1, 2021, with an aggregate ownership interest of fifty percent (50%) or more of a cannabis business (and remains an owner or owners with an aggregate ownership interest of fifty percent (50%) or more on the date of the application submission under this Section 128.06) that entered into a collective bargaining agreement with a labor organization that currently represents cannabis workers in the United States effective since at least July 1, 2021, inclusive of renewals (and remaining effective, inclusive of renewals, on the date of the application submission under this Section 128.06); (9) A premises diagram meeting the requirements of Section 15006 of Division 19 of Title 4 of the State Code of Regulations; and (10) A completed background check application and receipt for each owner and manager of the applicant pursuant to Section 128.181. (D) The Chief Executive Officer shall, as a ministerial duty, reject any retail cannabis business permit application that fails to meet the minimum requirements contained in this Subsection C. However, prior to such rejection, the Chief Executive Officer shall, as a ministerial duty, provide a detailed and comprehensive deficiency notice to the applicant providing the applicant thirty (30) days to cure and/or resubmit application components in order to meet the minimum requirements contained in this Subsection C. (E) The Chief Executive Officer shall, as a ministerial duty, cease acceptance of retail cannabis business permit applications for retailers pursuant to this Section 128.06 sixty (60) days after making available the necessary forms and adopting any necessary application rules for the submission, intake, review, and approval of retail cannabis business permit applications for retailers pursuant to this Section 128.06. (F) Upon timely receipt of a retail cannabis business permit application, the Chief Executive Officer shall direct the Chief of Police to conduct background checks in accordance with Section 128.181. Upon the completion of an applicant's background checks by the Chief of Police in accordance with Section 128.181, the Chief Executive Officer shall, as a ministerial duty, issue retail cannabis business permits to applicants with complete applications under Subsection C. However, the Chief Executive Officer shall not issue a retail cannabis business permit to any applicant with an owner or manager that: (1) Provided false or misleading information on the applicant's retail cannabis business permit application; (2) Has been convicted of (or pled no contest to) "an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made" as that term is defined in 26057(b)(4) of the State Business & Professions Code; or (3) Has been sanctioned by a licensing authority or a city, county, or state for unlicensed commercial cannabis activities or has had a license suspended or revoked under MAUCRSA in the three (3) years immediately preceding the date the application was submitted (G) Any decision of the Chief Executive Officer or City Council under this Section 128.06 shall be a final administrative decision not subject to administrative appeal under any provisions of this Chapter 128 or any provisions of the City Municipal Code but, rather, subject to judicial review and remedies. § 128.07 CITY COUNCIL DEVELOPED CANNABIS RETAILER APPLICATION PROCEDURE (A) After three -hundred -sixty-five (365) days following the effective date of this Chapter 128, the City Council may, pursuant to the procedures set forth in the State Government Code and the City Municipal Code and without prior approval of the electorate, amend this Section 128.07, by the adoption or amendment of one or more ordinances to provide for the issuance retail cannabis business permits in addition to those retail cannabis business permits issued under Section 128.06, provided that such ordinance or amendment is adopted by a two-thirds vote of the entire membership of the City Council and meets the following minimum standards: (1) The number of retail cannabis business permits for retailers based within the City issued pursuant to this Section 128.07 shall be no more than three (3); (2) The number of retail cannabis business permits for retailers (including commercial cannabis businesses engaged in retail sales) based outside the City to engage in delivery within the City issued pursuant to this Section 128.07 shall be zero (0); W (3) At least one (1) of the retail cannabis business permits for retailers based within the City issued pursuant to this Section 128.07 shall be issued to a social equity applicant; (4) A cannabis retailer with a retail cannabis business permit issued pursuant to this Section 128.07 shall not be located on property within (a) six -hundred (600) feet of a school, day-care, or youth center, (b) fifty (50) feet of a dwelling unit within a residential zone, or (c) two thousand (2,000) feet of another cannabis retailer; (5) All distances specified in this Section 128.07 shall be measured in the following manners: (a) For schools, day-care, youth centers, or cannabis retailers, 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 retailer is to be located without regard to intervening structures. (b) For determining distance to dwelling units within 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 retailer is to be located without regard to intervening structures. (6) A cannabis retailer may only be located on property zoned Industrial (1) or Industrial -Commercial (I-C); (7) Retail cannabis business permits for retailers based within the City issued pursuant to this Section 128.07 shall be awarded through a merit -based process in which the Chief Executive Officer and/or City Council shall review and score applications pursuant to objective review criteria; and (8) Cannabis retailers based within the City issued retail cannabis business permits pursuant to this Section 128.07 shall comply with the requirements set forth in this Chapter 128, Title XV of the City Municipal Code, MAUCRSA, and all other applicable State and local laws, rules, and regulations. (B) The maximum number of retail cannabis business permits issued for cannabis retailers based within the City or outside the City (including commercial cannabis businesses engaged in retail sales) issued pursuant to this Section 128.07 may not be amended by the City Council or regulations promulgated by the Chief Executive Officer pursuant to this Chapter 128. However, the City Council may and shall increase the maximum number of retail cannabis business permits issued for retailers based within the City or outside the City (including commercial cannabis businesses engaged in retail sales) if ordered to do so by a court of competent jurisdiction as a judicial remedy. § 128.08 LIMITATIONS ON THE CITY'S LIABILITY To the fullest extent permitted by law, the City shall not assume any liability whatsoever with respect to having issued a retail cannabis business permit pursuant to this Chapter WE 128 or otherwise approving the operation of any cannabis retailer. As a condition to the approval of any retail cannabis business permit, the applicant shall be required to meet all of the following conditions before they can receive a retail cannabis business permit: (A) Execution of an agreement, in a form approved by the City Attorney, agreeing to indemnify, defend (at applicant's sole cost and expense), and hold the City, and its officers, officials, employees, representatives, and agents, harmless, from any and all claims, losses, damages, injuries, liabilities, or losses which arise out of, or which are in any way related to, the City's issuance of the retail cannabis business permit, the City's decision to approve the operation of the cannabis retailer or activity, the process used by the City in making its decision, or the alleged violation of any federal, State, or local laws by the cannabis retailer or any of its officers, employees, or agents. (B) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Attorney. (C) Defend and indemnify the City for all costs and expenses, including but not limited to attorneys' fees and court costs, that the City may be required to pay as a result of any legal challenge related to the City's approval of the applicant's retail cannabis business permit or related to the City's approval of a cannabis retail sales. The City, at its sole discretion, may participate at its own expense in the defense of any such action, but such participation shall neither relieve nor increase any of the obligations imposed on the applicant hereunder. § 128.09 RETAIL CANNABIS BUSINESS PERMIT TERM (A) Subject to this Section 128.09 and Section 128.10, the term of each retail cannabis business permit shall be indefinite. (B) Upon the one (1) year anniversary of the date of issuance for each retail cannabis business permits and every other year thereafter, the Chief Executive Officer shall conduct a performance review of the permittee to assess compliance with the requirements of this Chapter 128. Within thirty (30) days of the conclusion of the annual performance review of the permittee, the Chief Executive Officer shall issue a letter of compliance or noncompliance outlining all items to be corrected to ensure full compliance. In the event of any noncompliance, the permittee shall have sixty (60) days to remedy such noncompliance. However, in the event such noncompliance items cannot be reasonably remedied within sixty (60) days, such noncompliance items shall not constitute a serious material violation of any law and/or any rule, regulation, and/or standard adopted pursuant to this Chapter 128 subject to suspension or revocation under Section 128.10, if the permittee commences correction of such noncompliance items within sixty (60) days and thereafter diligently prosecutes correction of such noncompliance items to completion. LEI (C) The permittee shall pay a fee in an amount to be set by the City Council via resolution to cover the costs of conducting the performance review, together with any costs incurred by the City to administer the program created under this Chapter 128. § 128.10 SUSPENSION AND REVOCATION OF RETAIL CANNABIS BUSINESS PERMITS (A) The Chief Executive Officer may suspend or revoke a retail cannabis business permit for any serious material violation of any law and/or any rule, regulation, and/or standard adopted pursuant to this Chapter 128. (B) Suspension or revocation of a State license issued by the State or by any of its departments or divisions, corresponding to the retail cannabis business permit shall immediately result in the suspension of the associated retail cannabis business permit until the State, or its applicable department or division, reinstates the State license or otherwise lifts such suspension. (C) A permittee shall inform the Chief Executive Officer or designee(s) of any suspension, revocation, or termination of a State license corresponding to its retail cannabis business permit within five (5) business days of the suspension, revocation, or termination of the State license. § 128.11 APPEALS REGARDING RETAIL CANNABIS BUSINESS PERMITS (A) Within ten (10) calendar days after the date of a decision of the Chief Executive Officer to revoke or suspend an issued retail cannabis business permit, an aggrieved party may appeal such action by filing a written appeal with the City Clerk setting forth the reasons why the decision was not proper. An appeal shall stay all proceedings in furtherance of the appealed action. (B) At the time of filing, the appellant shall pay the designated appeal fee established by resolution of the City Council. (C) Upon receipt of the written appeal, the City Clerk shall set the matter for a hearing before the City Council. The City Council shall hear the matter de novo, and shall conduct the hearing pursuant to the procedures set forth by the City. (D) The appeal shall be held within a reasonable time after the filing the appeal, but in no event later than ninety (90) days from the date of such filing. The City shall notify the appellant of the time and location at least ten (10) days prior to the date of the hearing. (E) At the hearing, the appellant may present any information they deem relevant to the decision appealed. The formal rules of evidence and procedure applicable in a court of law shall not apply to the hearing. (F) At the conclusion of the hearing the City Council may affirm, reverse, or modify the decision appealed. The decision of the City Council shall be a final administrative decision, subject to judicial review and remedies. § 128.12 CHANGE IN LOCATION; UPDATED APPLICATION INFORMATION (A) A permittee may change the business location specified in a retail cannabis business permit upon submission and approval of a change in location application promulgated, as a ministerial duty, by the Chief Executive Officer pursuant to regulations adopted under Section 128.12 within one -hundred eighty (180) days following the effective date of this Chapter 128. The permittee shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the review and processing of change in location applications. The Chief Executive Officer shall process such change in location applications as a ministerial duty within thirty (30) days of receipt. A proposed business location for a cannabis retailer in a change in location application shall meet the following requirements: (1) A cannabis retailer shall not be located on property within (a) six -hundred (600) feet of a school, day-care, or youth center, (b) fifty (50) feet of a dwelling unit within a residential zone, or (c) two thousand (2,000) feet of another cannabis retailer; (2) All distances specified in this Section 128.12 shall be measured in the following manners: (a) For schools, day-care, youth centers, or cannabis retailers, 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 retailer is to be located without regard to intervening structures. (b) For determining distance to dwelling units within 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 retailer is to be located without regard to intervening structures. (3) A cannabis retailer may only be located on property zoned Industrial (1) or Industrial -Commercial (I-C). (B) An applicant or permittee shall notify the Chief Executive Officer or designee(s) within fifteen (15) calendar days of any material change in the information provided in the applicant or permittee's retail cannabis business permit application or any change in status of compliance with the provisions of this Chapter 128, including any change in the cannabis retailer ownership or management. § 128.13 TRANSFER OF A RETAIL CANNABIS BUSINESS PERMIT. (A) An owner of a retail cannabis business permit shall not transfer ownership or control of such permit to another person unless and until the permittee and transferee obtain an amendment to the permit from the Chief Executive Officer stating that the transferee is now an owner of the permittee. A permittee may change the ownership specified in a retail cannabis business permit upon submission and approval of a change in ownership application promulgated, as a ministerial duty, by the Chief Executive Officer pursuant to regulations adopted under Section 128.21 within one - hundred eighty (180) days following the effective date of this Chapter 128. The permittee shall pay an application fee established by resolution of the City Council to cover all costs incurred by the City in the review and processing of change in ownership applications. The Chief Executive Officer shall process such change in ownership applications as a ministerial duty within five (5) business days once the Chief Executive Officer reasonably determines that the transferee passed the background check required for owners and meets all other requirements of this Chapter 128. (B) Notwithstanding Subsection A, no retail cannabis business permit may be transferred when the Chief Executive Officer has notified the permittee that its retail cannabis business permit has been or may be suspended or revoked. (C) Any attempt to transfer a retail cannabis business permit either directly or indirectly in violation of this Section 128.13 is hereby declared void, and such an unpermitted transfer shall be deemed a ground for revocation of the permit. C'�i f+�:7�i Cl;7 x��7 7 ���_\ �i�1;7 x��7;7 7:/ � �71 r•[�' (A) Each cannabis retailer shall maintain accurate books and records in an electronic format, which detail all revenues and expenses of the business, including, but not limited to, all of its assets and liabilities. At the time of the performance review of a retail cannabis business permit issued pursuant to this Chapter 128, each cannabis retailer shall file a sworn statement detailing the number of sales by the cannabis retailer during the previous 12-month period (or shorter period based upon the timing of the request) detailing sales for each month within such period in question. The statement shall also include gross sales for each month and all applicable taxes paid or due to be paid. (B) Each cannabis retailer shall maintain a current register of the names and the contact information (including the name, address, and telephone number) of anyone owning or holding an interest in the cannabis retailer and, separately, the same contact information of all officers, managers, employees, agents, and volunteers currently employed or otherwise engaged by the cannabis retailer. The register required by this Subsection shall be provided to the Chief Executive Officer upon a reasonable request. (C) Each cannabis retailer shall maintain a record of all purchases and sales of cannabis and cannabis products for a period of no less than seven (7) years. (D) All cannabis retailers shall maintain an inventory control and reporting system that accurately documents the present location, amounts, and descriptions of all cannabis and cannabis products. (E) Subject to any applicable restrictions under the Health Insurance Portability & Accountability Act ("HIPAX) regulations, each cannabis retailer shall grant the Chief Executive Officer access to the business's books, records, accounts, together with any other data or documents relevant to its operation, for the purpose of conducting an audit or examination. Books, records, accounts, and any and all relevant data or documents shall be produced no later than ten (10) business days after receipt of the Chief Executive Officer's request for such data, unless otherwise stipulated by the Chief Executive Officer. The Chief Executive Officer may require the materials to be submitted in an electronic format that is compatible with the City's software and hardware. § 128.15 SECURITY MEASURES (A) A cannabis retailer shall implement sufficient security measures to deter and prevent the unauthorized entrance into areas containing cannabis or cannabis products and to deter and prevent the theft of cannabis or cannabis products at the cannabis retailer. Except as may otherwise be determined by the Chief Executive Officer, these security measures shall include, but are not limited to, all of the following: (1) Preventing individuals from remaining on the premises of the cannabis retailer if they are not engaging in an activity directly related to the permitted operations of the cannabis retailer. (2) Establishing limited access areas accessible only to authorized cannabis retailer personnel. (3) All cannabis and cannabis products shall be stored in a secured and locked room, safe, or vault. All cannabis and cannabis products shall be kept in a manner designed to prevent diversion, theft, and loss. (4) Installing twenty -four-hour security surveillance cameras of at least HD - quality to monitor all entrances and exits to and from the premises, all interior spaces within the cannabis retailer, which are open and accessible to the public, all interior spaces where cannabis, cash or currency, is being stored for any period of time on a regular basis, and all interior spaces where diversion of cannabis could reasonably mi occur. The cannabis retailer shall be responsible for ensuring that the security surveillance camera's footage is remotely accessible by the Chief Executive Officer, and that it is compatible with the City's software and hardware. Video recordings shall be maintained for a minimum of ninety (90) days and shall be made available to the Chief Executive Officer upon request. Video shall be of sufficient quality for effective prosecution of any crime found to have occurred on the site of the cannabis retailer. (5) Sensors shall be installed to detect entry and exit from all secure areas. (6) Panic buttons shall be installed in all cannabis retailers. (7) Having a professionally installed, maintained, and monitored alarm system. (8) Any bars installed on the windows or the doors of the cannabis retailer shall be installed only on the interior of the building. (9) The premises shall be live monitored twenty-four (24) hours a day unless the cannabis retailer has an alternative security program authorized by the Chief Executive Officer. Security personnel must be licensed by the State Bureau of Security & Investigative Services personnel and shall be subject to the prior review and approval of the Chief Executive Officer, which shall not be unreasonably withheld. (10) Additional security measures maybe added through the review of a retail cannabis business permit application. (B) Each cannabis retailer shall identify a designated security representative or liaison to the City, who shall be reasonably available to meet with the Chief Executive Officer regarding any security related measures or and operational issues. (C) Each cannabis retailer (including as part of the retail cannabis business permit application process) shall have a storage and transportation plan and currency management plan, which describes in detail the procedures for safely and securely storing, disposing and transporting all cannabis, cannabis products, and any currency. (D) The cannabis retailer shall cooperate with the City whenever the Chief Executive Officer makes a request, upon reasonable notice to the cannabis retailer, to inspect or audit the effectiveness of any security plan or of any other requirement of this Chapter 128. (E) A cannabis retailer shall notify the Chief Executive Officer within twenty-four (24) hours after discovering any of the following: (1) Significant discrepancies identified during inventory. The level of significance shall be determined by the regulations promulgated by the Chief Executive Officer. (2) Diversion, theft, loss, or any criminal activity involving the cannabis retailer or any agent or employee of the cannabis retailer. M ON (3) The loss or unauthorized alteration of records related to cannabis and cannabis products or registering customers or employees and/or agents of the cannabis retailer. (4) Any other breach of security. § 128.16 RESTRICTION ON ALCOHOL AND TOBACCO SALES No person shall cause or permit the sale, dispensing, or consumption of alcoholic beverages or tobacco on or about the premises of the cannabis retailer. § 128.17 FEES AND CHARGES (A) No person may commence or continue any cannabis retail sales in the City without timely paying in full all fees and charges required for the operation of a cannabis retail sales. Fees and charges associated with the operation of such activity shall be established by resolution of the City Council which may be amended from time to time. (B) All cannabis retailers authorized to operate under this Chapter 128 shall pay all sales, use, business and other applicable taxes, and all license, registration, and other fees required under federal, State, and local law. Each cannabis retailer shall cooperate with City with respect to any reasonable request to audit the cannabis retailer' books and records for the purpose of verifying compliance with this Section 128.20, including, but not limited to, a verification of the amount of taxes required to be paid during any period. § 128.18 GENERAL OPERATING REQUIREMENTS (A) Cannabis retailers may operate only during the hours specified in the retail cannabis business permit issued by the City and must comply with State law at all times. (B) Cannabis shall not be consumed on the premises of any cannabis retailer. (C) No cannabis or cannabis products or graphics depicting cannabis or cannabis products shall be visible from the exterior of any property issued a retail cannabis business permit or on any of the vehicles owned or used as part of the cannabis retailer. No outdoor storage of cannabis or cannabis products is permitted at any time. (D) Each cannabis retailer shall have in place a point -of -sale or management inventory tracking system to track and report on all aspects of the cannabis retailer M including, but not limited to, such matters as cannabis tracking, inventory data, gross sales (by weight and by sale), and other information which may be deemed necessary by the City. The cannabis retailer shall ensure that such information is compatible with the City's record -keeping systems. In addition, the system must have the capability to produce historical transactional data for review. Furthermore, any system selected must be approved and authorized by the Chief Executive Officer prior to being used by a permittee. (E) All cannabis and cannabis products sold and/or distributed shall be cultivated, manufactured, and distributed by licensed facilities that maintain operations in full conformance with the State and local regulations. The packaging and labeling of cannabis and cannabis products shall comply at all times with State law. (F) There shall not be a physician located in any cannabis retailer at any time for the purpose of evaluating patients for the issuance of a medicinal cannabis recommendations. (G) Each cannabis retailer shall provide the Chief Executive Officer with the name, telephone number (both land line and mobile, if available) of an on -site employee or owner to whom emergency notice can be provided at any hour of the day. (H) Signage and Notices. (1) In addition to the requirements otherwise set forth in this Section 128.18, business identification signage for a cannabis retailer shall conform to the requirements of the City Municipal Code, including, but not limited to, seeking the issuance of a City sign permit. (2) No signs placed on the premises of a cannabis retailer shall obstruct any entrance or exit to the building or any window. (3) Each entrance to a cannabis retailer shall be visibly posted with a clear and legible notice indicating that smoking, ingesting, or otherwise consuming cannabis on the premises, or in the areas adjacent to the premises, is prohibited. (4) The entrance to the cannabis retailer shall be clearly and legibly posted with a notice that no person under the age of twenty-one (21) years of age is permitted to enter upon the premises of the cannabis retailer, other than as lawful customers permitted under State law. (1) Other than as lawful customers permitted under State law in the case of retailers, individuals under the age of twenty-one (21) years shall not be allowed on the premises of a cannabis retailer and shall not be allowed to serve as a driver for a cannabis retailer. It shall be unlawful and a violation of this Chapter 128 for any person to employ any person at a cannabis retailer who is not at least twenty-one (21) years of age. (J) Odor control devices and techniques shall be incorporated in all cannabis retailers to ensure that odors from cannabis are not detectable off -site. Cannabis retailers shall provide a sufficient odor absorbing ventilation and exhaust system so that odor generated inside the cannabis retailer that is distinctive to its operation is not detected outside of the facility, anywhere on adjacent property or public rights -of -way, on or about the exterior or interior common area walkways, hallways, breezeways, foyers, lobby areas, or any other areas available for use by common tenants or the visiting public, or within any other unit located inside the same building as the cannabis retailer. (K) The original copy of the retail cannabis business permit issued by the City pursuant to this Chapter 128 and the City issued business license shall be posted inside the cannabis retailer in a location readily visible to the public. (L) Pursuant to Sections 11105(b)(11) and 13300(b)(11) of the State Penal Code, which authorizes City authorities to access State and local summary criminal history information for employment, licensing, or certification purposes; and authorizes access to federal level criminal history information by transmitting fingerprint images and related information to the Department of Justice to be transmitted to the Federal Bureau of Investigation, every person listed as an owner, manager, supervisor, employee, or volunteer of the cannabis retailer must submit fingerprints and other information deemed necessary by the Chief Executive Officer for a background check. Pursuant to Sections 11105(b)(11) and 13300(b)(11) of the State Penal Code, which requires that there be a requirement or exclusion from employment, licensing, or certification based on specific criminal conduct on the part of the subject of the record, no person shall be issued a retail cannabis business permit unless they have first cleared the background check, as determined by the Chief Executive Officer, as required by this Chapter 128. A fee for the cost of the background investigation, which shall be the actual cost to the City to conduct the background investigation as it deems necessary and appropriate, shall be paid at the time the application for a retail cannabis business permit is submitted. No owner, manager, supervisor, employee, or volunteer of the cannabis retailer shall: (1) Have been convicted of (or pled no contest to) "an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made" as that term is defined in 26057(b)(4) of the State Business & Professions Code; or (2) Have been sanctioned by a licensing authority or a city, county, or state for unlicensed commercial cannabis activities or has had a license suspended or revoked under MAUCRSA in the three (3) years immediately preceding the date the application was submitted. (M) The cannabis retailer shall prohibit loitering by persons outside the facility both on the premises and within fifty (50) feet of the premises. WX (N) Within sixty (60) days of licensure, for a permittee with two (2) or more employees, the permittee shall attest to the City that the permittee has entered into a labor peace agreement and will abide by the terms of the agreement. The permittee shall submit a copy of the page of the labor peace agreement that contains the signatures of the labor representative and the applicant. For permittees with less than two (2) employees who have not yet entered into a labor peace agreement, the permittee shall provide a notarized statement indicating that the applicant will enter into and abide by the terms of a labor peace agreement within thirty (30) days after employing two (2) employees. If an attestation that the permittee is party to a labor peace agreement, and a copy of the page of the labor peace agreement that contains the signatures of the labor representative was submitted to the City by the permittee as part of the application process, that will meet this obligation. (0) Cannabis retailers shall implement a workforce plan that includes at least the following provisions: (1) Commitment for thirty percent (30%) of employees to be local hires; this local hiring requirement is satisfied when a cannabis retailer shows that it has either hired or made a good faith effort to hire bona fide residents of the City or persons that may establish residency after initial employment with the permittee; (2) Commitment to offer apprenticeships and/or compensation for continuing education in the field of cannabis retail sales; and (3) Entering into a collective bargaining agreement and/or paying a living wage to employees. "Living wage" means fifty percent (50%) more than the applicable amount of the hourly minimum wage mandated by State law (convertible to an annual salary by multiplying that hourly minimum wage by 2,080, as applicable), whichever is greater. (P) It shall be unlawful for a cannabis retailer to discriminate in any manner or take adverse action against any employee in retaliation for exercising rights protected under this Chapter 128 or City or State law. These rights include, but are not limited to (1) the right to file a complaint or inform any person about any party's alleged noncompliance with this Chapter 128 or City or State law and (2) the right to inform any person of his or her potential rights under this this Chapter 128 or City or State law and to assist him or her in asserting such rights. Protections under this this Chapter 128 or City or State law shall apply to any employee who mistakenly, but in good faith, alleges noncompliance with this Chapter 128 or City or State law. Taking adverse action against an employee within ninety (90) days of the employee's exercise of rights protected under this this Chapter 128 or City or State law shall raise a rebuttable presumption of having done so in retaliation for the exercise of such rights. ME § 128.19 ADDITIONAL OPERATING REQUIREMENTS (A) Retailers and the operation thereof shall comply with State law at all times. (B) Prior to dispensing medicinal cannabis or medicinal cannabis products to a qualified patient, a retailer shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of eighteen (18) years and obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient, and shall maintain a copy of the physician recommendation or identification card as described in Sections 11362.71 through 11362.77 of State Health & Safety Code, as may be amended from time to time, on site for period of not less than seven (7) years. (C) Prior to dispensing cannabis or cannabis products to an adult -use customer, a retailer shall verify the age and all necessary documentation of each customer to ensure the customer is not under the age of twenty-one (21) years. (D) All restroom facilities shall remain locked and under the control of managers onsite. (E) A retailer shall notify customers (verbally or by written agreement) and by posting of a notice or notices conspicuously in at least 15-point type within the permitted premises that state as follows: (1) "The sale or diversion of cannabis or cannabis products without a license issued by the City of Baldwin Park is a violation of State law and the Baldwin Park Municipal Code." (2) "Secondary sale, barter, or distribution of cannabis or cannabis products purchased from a permittee is a crime and can lead to arrest." (3) "Customers must not loiter in or near these premises and may not consume cannabis or cannabis products in the vicinity of this business or in any place not lawfully permitted. These premises and vicinity are monitored to ensure compliance." (4) "WARNING: The use of cannabis or cannabis products may impair a person's ability to drive a motor vehicle or operate heavy machinery." (5) "CALIFORNIA PROP. 65 WARNING: Smoking of cannabis and cannabis - derived products will expose you and those in your immediate vicinity to cannabis smoke. Cannabis smoke is known by the State of California to cause cancer and reproductive harm." 1'5I § 128.20 ADDITIONAL OPERATING REQUIREMENTS FOR DELIVERY (A) Delivery shall comply with State law at all times. (B) Security plans developed pursuant to this Chapter 128 shall include provisions relating to vehicle security and the protection of employees and product during loading and in transit. (C) A retailer shall facilitate the delivery of cannabis or cannabis products with a technology platform owned by or licensed to the delivery -only retailer that uses point -of - sale technology to track and database technology to record and store the following information for each transaction involving the exchange of cannabis or cannabis products between the retailer and customer: (1) The identity of the individual dispensing cannabis or cannabis products on behalf of the permittee; (2) The identity of the customer receiving cannabis or cannabis products from the permittee; (3) The type and quantity of cannabis or cannabis products dispensed and received; (4) The gross receipts charged by the permittee and received by the individual dispensing cannabis or cannabis products on behalf of the permittee for the cannabis or cannabis products dispensed and received; and (5) The location or address where the sale or retail sale took place or closed. (D) A permittee shall maintain a database and provide a list of the individuals and vehicles authorized to conduct delivery, and a copy of the valid State driver's license issued to the driver of any such vehicle on behalf of the retailer to the Chief Executive Officer. (E) Individuals making deliveries of cannabis or cannabis products on behalf of the retailer shall maintain a physical copy of the delivery request (and invoice) and shall make it available upon the request of agents or employees of the City requesting documentation. (F) During delivery, a copy of the permittee's retail cannabis business permit and State license shall be in the vehicle at all times, and the driver shall make it available upon the request of agents or employees of the City requesting documentation. (G) A retailer shall only permit or allow delivery of cannabis or cannabis products in a vehicle that is (1) insured at or above the legal requirement in the State; (2) capable of securing (locking) the cannabis or cannabis products during transportation; (3) capable of being temperature controlled if perishable cannabis or cannabis products is being 61% transported; and (4) does not display advertising or symbols visible from the exterior of the vehicle that suggest the vehicle is used for cannabis delivery or affiliated with a retailer. (H) A retailer shall facilitate deliveries with a technology platform owned by or licensed to the retailer that uses global positioning system technology to track, and database technology to record and store the following information: (1) The time that the individual conducting delivery on behalf of the retailer departed the licensed premises. (2) The time that the individual conducting delivery on behalf of the retailer completed delivery to the customer. (3) The time that the individual conducting delivery on behalf of the retailer returned to the licensed premises. (4) The route the individual conducting delivery on behalf of the retailer traveled between departing and returning to the licensed premises to conduct delivery. (5) For each individual delivery transaction, the identity of the individual conducting deliveries on behalf of the retailer. (6) For each individual delivery transaction, the vehicle used to conduct delivery on behalf of the retailer. (7) For each individual delivery transaction, the identity of the customer receiving cannabis or cannabis products from the retailer. (8) For each individual delivery transaction, the type and quantity of cannabis or cannabis products dispensed and received. (9) For each individual delivery transaction, the gross receipts charged by the retailer and received by the individual conducting deliveries on behalf of the retailer for the cannabis or cannabis products dispensed and received. (1) The individual making deliveries on behalf of the retailer shall personally verify for each individual delivery transaction the identity of the customer receiving cannabis or cannabis products from the retailer and (1) for medicinal cannabis or medicinal cannabis products to a qualified patient, the age and all necessary documentation of each customer to ensure the customer is not under the age of eighteen (18) years and obtain verification from the recommending physician that the person requesting medicinal cannabis or medicinal cannabis products is a qualified patient, and shall maintain a copy of the physician recommendation or identification card as described in Sections 11362.71 through 11362.77 of State Health & Safety Code, as may be amended from time to time, on site for period of not less than seven (7) years or (2) for cannabis or cannabis products to an adult -use customer, age and all necessary 53 documentation of each customer to ensure the customer is not under the age of twenty- one (21) years. (J) Each delivery vehicle shall be equipped with a dual dash camera system showing the inside of the vehicle as well as a forward facing camera and shall be turned on at all time the vehicle is in the City making cannabis deliveries. Video footage shall be retained for a period of at least two (2) weeks and made available to the City upon request. (K) Each cannabis delivery permit holder shall maintain a current register of names and required information for all employees participating in the delivery of cannabis in the city and all vehicles used for the delivery of cannabis in the city. In no event shall any employee participate in the delivery of cannabis in the city or a vehicle be used for the delivery of cannabis in the city until the information is updated to the permit holder's register. Each cannabis delivery permit holder shall provide the City its current register upon request by the City within forty-eight (48) hours. (L) Cannabis delivery is only permitted in the city between the hours of 8:00 am to 10:OOpm. (M) Each cannabis delivery permit holder shall maintain accurate books and records, detailing all of the revenues and expenses of all cannabis delivery in the city. On no less than an annual basis, or at any time upon reasonable request of the city, each cannabis delivery permit holder shall file a sworn statement detailing the number of sales by the cannabis delivery permit holder during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a monthly basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid. If, upon written request from the City, each cannabis delivery permit holder shall make available to the City all books, records, accounts, inventory and access to onsite operations of persons engaged in cannabis delivery specific to the business, including examination of both state and federal income tax returns, sales tax returns, or other evidence documenting the finances pertaining to cannabis delivery in the City for the purpose of verifying compliance with this Chapter and any other applicable provision of this Code. (N) Employees delivering cannabis or cannabis product or dispensing cannabis or cannabis products on behalf of the permittee may not receive anything tangible from the customer. All payments and tips for the cannabis or cannabis products should be transmitted to the permittee electronically. (0) A retailer shall seal each order of cannabis or cannabis products in tamper - evident packaging before the individual conducting the delivery on behalf of the retailer departs the licensed premises. A retailer shall include any promotional branded merchandise of any licensee, or promotional materials inside the sealed, tamper -evident packaging. Employees delivering cannabis or cannabis product or dispensing cannabis or cannabis products on behalf of the permittee may not deliver or dispense promotional 54 branded merchandise of any licensee, or promotional materials not included in the delivery package. (P) A retailer or a licensed retailer's delivery employee shall not leave cannabis or cannabis goods in an unattended motor vehicle outside of the retailer's hours of operation. A retailer shall ensure that vehicles used for delivery of cannabis or cannabis products are cleared of all cannabis or cannabis products before ceasing daily operations. § 128.20.5 ADDITIONAL OPERATING REQUIREMENTS FOR DISTRIBUTION (A) Distribution shall comply with State law at all times. (B) Security plans developed pursuant to this Chapter 128 shall include provisions relating to vehicle security and the protection of employees and product during loading, unloading and in transit. (C) A distributor shall only permit or allow delivery of cannabis or cannabis products in a vehicle that is (1) insured at or above the legal requirement in the State; (2) capable of securing (locking) the cannabis or cannabis products during transportation; (3) capable of being temperature controlled if perishable cannabis or cannabis products is being transported; and (4) does not display advertising or symbols visible from the exterior of the vehicle that suggest the vehicle is used for cannabis delivery or affiliated with a retailer. (D) A distributor shall facilitate distributions with a technology platform owned by or licensed to the distributor that uses global positioning system technology to track, and database technology to record and store the following information: (1) The time that the individual conducting distribution on behalf of the distributor departed the licensed premises. (2) The time that the individual conducting distribution on behalf of the distributor completed distribution to the manufacture, cultivator or retailer or returned to the licensed premises to store the cannabis and cannabis products. (3) The time that the individual conducting distribution on behalf of the manufacture, cultivator or retailer returned to the licensed premises. (4) The route the individual conducting distribution on behalf of the distributor traveled between departing and returning to the licensed premises to conduct the distribution or transportation for storage. (5) For each individual distribution transaction, the identity of the individual conducting distribution on behalf of the manufacture, cultivator or retailer. 100 (6) For each individual distribution transaction, the vehicle used to conduct distribution on behalf of the manufacture, cultivator or retailer. (7) For each individual distribution transaction, the identity of the individual conducting distribution on behalf of the distributor. (E) Each cannabis distributor permit holder shall maintain accurate books and records, detailing all of the revenues and expenses of all cannabis distribution and storage. On no less than an annual basis, or at any time upon reasonable request of the city, each cannabis distributor permit holder shall file a sworn statement detailing the distribution and storage of cannabis during the previous twelve-month period (or shorter period based upon the timing of the request), provided on a monthly basis. The statement shall also include gross sales for each month, and all applicable taxes paid or due to be paid. If, upon written request from the City, each cannabis distributor permit holder shall make available to the City all books, records, accounts, inventory and access to onsite operations of persons engaged in cannabis distribution specific to the business, including examination of both state and federal income tax returns, sales tax returns, or other evidence documenting the finances pertaining to cannabis distribution in the City for the purpose of verifying compliance with this Chapter and any other applicable provision of this Code. (F) Employees distributing cannabis or cannabis products on behalf of the permittee may not receive anything tangible from the manufacture, producer or retailer. All payments for the cannabis or cannabis products should be transmitted to the permittee electronically. (G) A distributor shall not leave cannabis or cannabis goods in an unattended motor vehicle outside of the distributor's hours of operation. A distributor shall ensure that vehicles used for delivery of cannabis or cannabis products are cleared of all cannabis or cannabis products before ceasing daily operations. § 128.21 PROMULGATION OF REGULATIONS, STANDARDS, AND OTHER LEGAL DUTIES (A) Consistently with stated requirements of this Chapter 128 (and in particular not to repeal or constructively repeal this Chapter 128), in addition to any regulations adopted under State law, the Chief Executive Officer is authorized to establish any additional rules, regulations, and standards governing the issuance, denial, or renewal of retail cannabis business permits, the ongoing operation of cannabis retailers, and the City's oversight, or concerning any other subject determined to be necessary to carry out the purposes of this Chapter 128. (B) Such regulations shall be published on the City's website. 061 (C) Regulations promulgated by the Chief Executive Officer shall become effective upon date of publication. Cannabis retailers shall be required to comply with all State and local laws and regulations, including but not limited to any rules, regulations or standards adopted by the Chief Executive Officer. § 128.22 COMMUNITY RELATIONS (A) Each cannabis retailer shall provide the name, telephone number, and email address of a community relations contact to whom notice of problems associated with the cannabis retailer can be provided. Each cannabis retailer shall also provide the above information to all businesses and residences, in the City, located within one hundred and fifty (150) feet of the cannabis retailer. Such community relations contact shall respond to any complaints within forty-eight (48) hours of receipt of such complaints. (B) During the first year of operation pursuant to this Chapter 128, the owner(s), manager(s), and community relations representative from each cannabis retailer holding a retail cannabis business permit issued pursuant to this Chapter 128 shall attend a quarterly meeting with the Chief Executive Officer and other interested parties as deemed appropriate by the Chief Executive Officer, to discuss costs, benefits, and other community issues arising as a result of implementation of this Chapter 128. After the first year of operation, the owner(s), manager(s), and community relations representative from each such cannabis retailer shall meet with the Chief Executive Officer when and as requested by the Chief Executive Officer. (C) Cannabis retailers to which a retail cannabis business permit is issued pursuant to this Chapter 128 shall develop and make available to youth organizations and educational institutions a public education plan that outlines the risks of youth addiction to cannabis, and that identifies resources available to youth related to drugs and drug addiction. § 128.23 FEES DEEMED DEBT TO CITY The amount of any fee, cost, or charge imposed pursuant to this Chapter 128 shall be deemed a debt to the City that is recoverable via authorized processes as set forth in the City Municipal Code or available through any court of competent jurisdiction. § 128.24 PERMITTEE, OWNER, AND PROPERTY OWNER RESPONSIBLE FOR VIOLATIONS (A) Each permittee and each owner and each manager of the permittee (and each individual owner and each individual manager of an owner or manager of the permittee) shall be responsible for all violations of the laws of the State or of the regulations and/or 1� the ordinances of the City occurring within the City or in or about the premises of the cannabis retailer, if committed by the permittee or any employee or agent of the permittee and whether or not said violations occur within the permittee, owner, or manager's presence. (B) No person may engage in any cannabis retail sales within the City unless the person is in compliance with the requirements of this Chapter 128. (C) It shall be unlawful to rent, lease, or otherwise permit any cannabis retail sales at any location, structure, or vehicle in the City by a person (1) that does not have a valid retail cannabis business permit issued by the City; (2) that does not have a valid State license; (3) that does not have any other applicable approvals, including, but not limited to, a building permit and City business license; or (4) that is not currently in compliance with all applicable State and local laws and regulations pertaining to the cannabis retail sales. Property owners shall have strict liability for any cannabis retail sales at any location, structure, or vehicle in the City by a person (1) that does not have a valid retail cannabis business permit issued by the City or (2) that does not have a valid State license. § 128.25 INSPECTION AND ENFORCEMENT (A) The Chief Executive Officer or designee(s) charged with enforcing the provisions of the City Municipal Code, or any provision thereof, may enter the location of a cannabis retailer at any time, without notice, and inspect the location of any cannabis retailer as well as any recordings and records required to be maintained pursuant to this Chapter 128 or under applicable provisions of State law. (B) It is unlawful for any person having responsibility over the operation of a cannabis retailer, to impede, obstruct, interfere with, or otherwise not to allow, the City to conduct an inspection, review or copy records, recordings, or other documents required to be maintained by a cannabis retailer under this Chapter 128 or under State or local law. It is also unlawful for a person to conceal, destroy, deface, damage, or falsify any records, recordings or other documents required to be maintained by a cannabis retailer under this Chapter 128 or under State or local law. (C) The Chief Executive Officer or designee(s) charged with enforcing the provisions of this Chapter 128 may enter the location of a cannabis retailer at any time during business hours and without notice to obtain samples of the cannabis to test for public safety purposes. Any samples obtained by the City shall be logged, recorded, and maintained in accordance with the City law enforcement standards for evidence. 100 § 128.26 CONCURRENT REGULATION WITH THE STATE It is the stated intent of this Chapter 128 to regulate cannabis retail sales in the City concurrently with the State. § 128.27 VIOLATIONS DECLARED A PUBLIC NUISANCE Each and every serious material violation of the provisions of this Chapter 128 is hereby deemed unlawful and a public nuisance. § 128.28 EACH VIOLATION A SEPARATE OFFENSE Each and every violation of this Chapter 128 shall constitute a separate violation and shall be subject to all remedies and enforcement measures authorized by the City Municipal Code. Additionally, as a nuisance per se, any serious material violation of this Chapter 128 shall be subject to injunctive relief, any retail cannabis business permit issued pursuant to this Chapter 128 being deemed null and void, disgorgement, and payment to the City of any monies unlawfully obtained, costs of abatement, costs of investigation, attorney's fees, and any other relief or remedy available at law or in equity. The City may also pursue any and all remedies and actions available and applicable under State and local laws for any violations committed by the cannabis retailer or persons related to, or associated with, the cannabis retail sales. Additionally, when there is determined to be an imminent threat to public health, safety or welfare, the Chief Executive Officer or designee(s), may take immediate action to temporarily suspend a retail cannabis business permit issued by the City, pending a public hearing before the City Council. § 128.29 CRIMINAL PENALTIES Each and every serious material violation of the provisions of this Chapter 128 may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000.00) or imprisonment in the County jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each day a serious material violation is committed or permitted to continue shall constitute a separate offense. § 128.30 REMEDIES CUMULATIVE AND NOT EXCLUSIVE The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law. " =0 SECTION 5. Title XI (Business Regulations) of the City Municipal Code is hereby amended by adding Chapter 129 (Cannabis Retailer Tax) to read as follows: CHAPTER 129 Cannabis Retailer Tax 129.01 Authority and purpose 129.02 Intent 129.03 Definitions 129.04 Tax imposed 129.05 Exemptions from the tax 129.06 Reporting and remittance of tax 129.07 Nonpayment of cannabis retailer tax; penalties and interest established by ordinance 129.08 Administration of the tax 129.09 Appeal procedure 129.10 Constitutionality and legality 129.11 Apportionment 129.12 Audit and examination of records and equipment 129.13 Payment of tax does not authorize unlawful conduct 129.14 Other licenses, permits, taxes, fees, or charges 129.15 Deficiency determinations 129.16 Failure to report; nonpayment; fraud 129.17 Tax assessment; notice requirements 129.18 Tax assessment; hearing, application, and determination 129.19 Relief from taxes; disaster relief 129.20 Conviction for violation; tax not waived 129.21 Violation deemed misdemeanor 129.22 Remedies cumulative and not exclusive MW § 129.01 AUTHORITY AND PURPOSE (A) The purpose of this Chapter is to adopt a tax, for revenue purposes, pursuant to Sections 37101 and 37100.5 of the State Government Code, upon cannabis retailers that engage in business in the City. This Cannabis Retailer Tax is levied based upon business gross receipts. It is not a sales and use tax, a tax upon income, or a tax upon real property. (B) The Cannabis Retailer Tax is a general tax enacted solely for general governmental purposes of the City and not for specific purposes. All of the proceeds from the tax imposed by this Chapter 129 shall be placed in the City's general fund and be available for any lawful City expenditure. § 129.02 INTENT The intent of this Chapter 129 is to impose a general tax applicable to cannabis retailers for the purpose of funding any and all governmental purposes, including but not limited to 911 emergency response, police and fire protection services; pothole repair; afterschool programs; senior services; homeless reduction; graffiti removal, and other City general fund services. § 129.03 DEFINITIONS When used in this Chapter 129, the following words shall have the meanings ascribed to them as set forth herein. Words and phrases not specifically defined below shall have the meanings ascribed to them elsewhere in this Code, or shall otherwise be defined by common usage. For definitions of nouns, the singular shall also include the plural; for definitions of verbs, all verb conjugations shall be included. Any reference to State statutes includes any regulations promulgated thereunder and is deemed to include any successor or amended version of the referenced statute or regulatory provision "ADULT -USE CANNABIS" or "ADULT -USE CANNABIS PRODUCT' means cannabis or cannabis products for individuals twenty-one (21) years of age and over without the need for a physician's recommendation. "BUSINESS" means all activities engaged in or caused to be engaged in within the City, including any commercial or industrial enterprise, trade, profession, occupation, vocation, calling, or livelihood, whether or not carried on for gain or profit, but shall not include the services rendered by an employee to that employee's employer. "CANNABIS" has the same meaning as defined in Chapter 128 of the City Municipal Code. Gil "CANNABIS BUSINESS" has the same meaning as defined in Chapter 128 of the City Municipal Code. "CANNABIS PRODUCT' has the same meaning as defined in Chapter 128 of the City Municipal Code. "CANNABIS RETAILER TAX" or "TAX" means the tax due pursuant to this Chapter 129 for engaging in dispensing within in the City. "CITY' means the City of Baldwin Park, State of California. "CITY COUNCIL" means the City Council of the City of Baldwin Park. "COMMERCIAL CANNABIS ACTIVITY' has the same meaning as defined in Chapter 128 of the City Municipal Code. "CODE' means the City Municipal Code. "CUSTOMER" has the same meaning as defined in Chapter 128 of the City Municipal Code. "DELIVERY' has the same meaning as defined in Chapter 128 of the City Municipal Code. "DISPENSARY' or "RETAILER" or "CANNABIS RETAILER" has the same meaning as defined in Chapter 128 of the City Municipal Code. "DISPENSING" or "RETAIL SALE(S)" has the same meaning as defined in Chapter 128 of the City Municipal Code. "EMPLOYEE' has the same meaning as defined in Chapter 128 of the City Municipal Code. "ENGAGED(S) IN BUSINESS" means the commencing, conducting, operating, managing, or carrying on of a cannabis retailer and the exercise of corporate or franchise powers, whether done as an owner, or by means of an officer, agent, manager, employee, or otherwise, whether operating from a fixed location in the City or coming into the City from an outside location to engage in such activities. A person shall be deemed engaged in business if any of the following apply: (A) Such person or person's employee maintains a fixed place of business within the City for the benefit or partial benefit of such person; (B) Such person or person's employee owns or leases real property within the City for business purposes; G' (C) Such person or person's employee regularly maintains a stock of tangible personal property in the City for sale in the ordinary course of business; (D) Such person or person's employee regularly conducts solicitation of business within the City; or (E) Such person or person's employee performs work or renders services in the City. The foregoing specified activities shall not be a limitation on the meaning of "ENGAGED IN BUSINESS". "EVIDENCE OF DOING BUSINESS" means evidence such as, without limitation, use of signs, circulars, cards or any other advertising media, including the use of internet or telephone solicitation, or representation to a government agency or to the public that such person is engaged in a cannabis retailer in the City. "FISCAL YEAR" means July 1 through June 30 of the following calendar year. "GROSS RECEIPTS" means, except as otherwise specifically provided, whether designated a sales price, royalty, rent, commission, dividend, or other designation, the total amount (including all receipts, cash, credits and property of any kind or nature) received or payable for sales of goods, wares, or merchandise or for the performance of any act or service of any nature for which a charge is made or credit allowed (whether such service, act or employment is done as part of or in connection with the sale of goods, wares, merchandise or not), without any deduction therefrom on account of the cost of the property sold, the cost of materials used, labor or service costs, interest paid or payable, losses or any other expense whatsoever. However, the following shall be excluded from gross receipts: (A) Cash discounts where allowed and taken on sales; (B) Any tax required by law to be included in or added to the purchase price and collected from the consumer or purchaser; (C) Such part of the sale price of any property returned by purchasers to the seller as refunded by the seller by way of cash or credit allowances or return of refundable deposits previously included in gross receipts; (D) Receipts derived from the occasional sale of used, obsolete, or surplus trade fixtures, machinery, or other equipment used by the taxpayer in the regular course of the taxpayer's business; (E) Cash value of sales, trades, or transactions between departments or units of the same business; 63 (F) Whenever there are included within the gross receipts amounts which reflect sales for which credit is extended and such amount proved uncollectible in a subsequent year, those amounts may be excluded from the gross receipts in the year they prove to be uncollectible; provided, however, if the whole or portion of such amounts excluded as uncollectible are subsequently collected they shall be included in the amount of gross receipts for the period when they are recovered; and (G) Receipts of refundable deposits, except that such deposits when forfeited and taken into income of the business shall not be excluded when in excess of one dollar. "MANAGER" has the same meaning as defined in Chapter 128 of the City Municipal Code. "MARIJUANA" means "CANNABIS" as that term is defined in this Chapter 127.6. "MAUCRSA" has the same meaning as defined in Chapter 128 of the City Municipal Code. "MEDICINAL CANNABIS" or "MEDICINAL CANNABIS PRODUCT means cannabis or a cannabis product for use by a qualified patient. "OWNER" has the same meaning as defined in Chapter 128 of the City Municipal Code. "PATIENT' or "QUALIFIED PATIENT' has the same meaning as defined in Chapter 128 of the City Municipal Code. "PERSON" has the same meaning as defined in Chapter 128 of the City Municipal Code. "PERSON WITH AN IDENTIFICATION CARD" has the same meaning as defined in Chapter 128 of the City Municipal Code. "SALE' means any sale, exchange, or barter or other transaction for any consideration. "STATE" means the State of California. "TAX ADMINISTRATOR" means the means the Chief Executive Officer of the City of Baldwin Park or his or her designee(s). § 129.04 TAX IMPOSED (A) There is established and imposed upon each person who is engaged in business as a cannabis retailer an annual Cannabis Retailer Tax at the rates set forth in this 64 Chapter 127.6. Such Tax is payable regardless of whether the business is operating lawfully in the City or unlawfully. The City's acceptance of a Cannabis Retailer Tax payment from a cannabis retailer operating illegally shall not constitute the City's approval or consent to such illegal operations. (B) Medicinal Retailers. The Cannabis Retailer Tax upon every person who engages in business as a retailer of medicinal cannabis or medicinal cannabis products shall be at the following annual rate: (1) The tax rate upon the effective date of this Chapter 127.6 shall be one-half percent (0.5%) of the gross receipts derived from the retail sale of medicinal cannabis or medicinal cannabis products. Such tax rate may increase or decrease by ordinance adopted by the City Council but shall not exceed the maximum tax rate of five percent (5%) without voter approval. (C) Adult -use Retailers. The Cannabis Retailer Tax upon every person who engages in business as a retailer of adult -use cannabis or adult -use cannabis products shall be at the following annual rate: (1) The tax rate upon the effective date of this Chapter 127.6 shall be four percent (4%) of the gross receipts derived from the retail sale of adult -use cannabis or adult -use cannabis products. Such tax rate may increase or decrease by ordinance adopted by the City Council but shall not exceed the maximum tax rate of five percent (5%) without voter approval. § 129.05 EXEMPTIONS FROM THE TAX This Chapter 127.6 shall not apply to personal use of cannabis that is specifically exempted from State licensing requirements and that meets the definition of personal use or equivalent terminology under State law. § 129.06 REPORTING AND REMITTANCE OF TAX The Cannabis Retailer Tax imposed by this Chapter 129 shall be imposed on a fiscal year basis and shall be due and payable in quarterly installments as follows: (A) The owner(s) or manager(s) of each cannabis retailer shall, on or before the last day of the month following the close of each fiscal year quarter, prepare and submit a tax statement on the form prescribed by the Tax Administrator and remit to the Tax Administrator the Tax due. The Tax due shall be no less than the quarterly installment due, but the taxpayer may prepay any amount of Tax at any time. G' (B) Tax statements and payments for all outstanding Taxes owed the City are immediately due to the Tax Administrator upon cessation of a cannabis retailer for any reason. § 129.07 NONPAYMENT OF CANNABIS RETAILER TAX; PENALTIES AND INTEREST ESTABLISHED BY ORDINANCE (A) Any person who fails or refuses to pay any Cannabis Retailer Tax required to be paid pursuant to this Chapter 129 on or before the due date shall pay penalties and interest as follows: (1) A penalty equal to ten percent (10%) of the amount of the Tax, in addition to the amount of the Tax, plus interest on the unpaid tax calculated from the due date of the Tax at the rate of one percent (1 %) per month. (2) If the Tax remains unpaid for a period exceeding three (3) calendar months beyond the due date, an additional penalty equal to twenty-five percent (25%) of the amount of the Tax, plus interest at the rate of one percent (1 %) per month on the unpaid tax and on the unpaid penalties. (3) These penalty provisions shall not be construed to preclude or limit the enforcement of the penal provisions of this Chapter 129 or the Code. (B) Whenever a check or electronic payment is submitted in payment of a Cannabis Retailer Tax and the payment is subsequently returned unpaid by the bank, the taxpayer will be liable for the Tax amount due plus any fees, penalties, and interest as provided for in this Chapter 127.6, and any other amount allowed under State law. § 129.08 ADMINISTRATION OF THE TAX (A) It shall be the duty of the Tax Administrator to collect the taxes, penalties, fees, and perform the duties required by this Chapter 129. (B) For purposes of administration and enforcement of this Chapter 129 generally, the Tax Administrator may from time to time promulgate such administrative interpretations, rules, and procedures consistent with the purpose, intent, and express terms of this Chapter 129 as he or she deems reasonably necessary to implement or clarify such provisions or aid in enforcement, including but not limited to: (1) Provide forms to all taxpayers for the reporting of the Tax; (2) Provide information to any taxpayer concerning the provisions of this Chapter 129; (3) Receive and record all taxes remitted to the City as provided in this Chapter 129; (4) Maintain records of taxpayer reports and taxes collected pursuant to this Chapter 129; (5) Assess penalties and interest to taxpayers pursuant to this Chapter 129; and (6) Determine amounts owed and enforce collection pursuant to this Chapter 129. § 129.09 APPEAL PROCEDURE Any taxpayer aggrieved by any decision of the Tax Administrator with respect to the amount of tax, interest, penalties, and fees, if any, due under this Chapter 129 may appeal to the City Council by filing a notice of appeal with the City Clerk within forty-five (45) calendar days of the serving or mailing of the determination of Tax due. The City Clerk, or his or her designee, shall fix a time and place for hearing such appeal, and the City Clerk, or his or her designee, shall give notice in writing to such cannabis retailer at the last known place of address. The finding of the City Council shall be a final administrative decision, subject to judicial review and remedies, and shall be served upon the appellant in the manner prescribed by this Chapter 129 for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of the notice. § 129.10 CONSTITUTIONALITY AND LEGALITY This Tax is intended to be applied in a manner consistent with the United States and State Constitutions and State law. None of the Tax provided for by this Chapter 129 shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State, or a violation of any other provision of the State Constitution or State law. If a person believes that the Tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Tax Administrator release him or her from the obligation to pay the impermissible portion of the Tax. § 129.11 APPORTIONMENT If a cannabis retailer subject to the Tax is operating both within and outside the City, it is the intent of the City to apply the Cannabis Retailer Tax so that the measure of the Tax fairly reflects the proportion of the taxed activity actually carried on in the City. To the extent federal or State law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The Tax 67 Administrator may promulgate administrative procedures for apportionment as he or she finds reasonably useful or necessary. § 129.12 AUDIT AND EXAMINATION OF RECORDS AND EQUIPMENT (A) For the purpose of ascertaining the amount of Cannabis Retailer Tax owed or verifying any representations made by any taxpayer to the City in support of his or her tax calculation, the Tax Administrator shall have the power to inspect any location where commercial cannabis activity occurs and to audit and examine all books and records (including, but not limited to bookkeeping records, State and federal income tax returns, and other records relating to the gross receipts of the business) of owners and managers of a cannabis retailer. In conducting such investigation, the Tax Administrator shall have the power to inspect any equipment, such as computers or point of sale machines, that may contain such records. (B) It shall be the duty of every person liable for the collection and payment to the City of any Tax imposed by this Chapter 129 to keep and preserve, for a period of at least seven (7) years, all records as may be necessary to determine the amount of such Tax as he or she may have been liable for the collection of and payment to the City, which records the Tax Administrator shall have the right to inspect at all reasonable times. § 129.13 PAYMENT OF TAX DOES NOT AUTHORIZE UNLAWFUL CONDUCT (A) The payment of a Cannabis Retailer Tax required by this Chapter 129, and its acceptance by the City, shall not entitle any person to operate as a cannabis retailer unless the person has complied with all of the requirements of the Code, MAUCRSA, and all other applicable State laws. (B) No Tax paid under the provisions of this Chapter 129 shall be construed as authorizing the conduct or continuance of any illegal or unlawful business, or any business in violation of any local or State law. (C) Nothing in this Chapter 129 shall be construed as in conflict with State or federal law. (D) It shall be the responsibility of the owners and managers of a cannabis retailer to ensure that the cannabis retailer is, at all times, operating in a manner compliant with the protection of public health, safety, and community standards, including all applicable State and local laws and regulations, including any subsequently enacted State or local law or regulatory, licensing, or certification standards or requirements, and any specific, additional operating procedures or requirements, which may be imposed as conditions of approval of any State or City license or permit. .: § 129.14 OTHER LICENSES, PERMITS, TAXES, FEES, OR CHARGES Nothing contained in this Chapter 129 shall be deemed to repeal, amend, be in lieu of, replace or in any way affect any requirements for any permit or license required by, under or by virtue of any other provision of this Code or any other ordinance or resolution of the City Council, nor be deemed to repeal, amend, be in lieu of, replace or in any way affect any tax, fee, or other charge imposed, assessed or required by, under or by virtue of any other provision of the Code or any other ordinance or resolution of the City Council. Any references made or contained in any other provision of the Code to any licenses, license taxes, fees, or charges, or to any schedule of license fees, shall be deemed to refer to the licenses, license taxes, fees or charges, or schedule of license fees, provided for in other provisions of this Code. § 129.15 DEFICIENCY DETERMINATIONS If the Tax Administrator is not reasonably satisfied that any statement filed as required under the provisions of this Chapter 129 is correct, or that the amount of tax is correctly computed, he or she may compute and determine the amount to be paid and make a deficiency determination upon the basis of the facts contained in the statement or upon the basis of any information in his or her possession or that may come into his or her possession within two (2) years of the date the tax was originally due and payable. One or more deficiency determinations of the amount of tax due for a period or periods may be made. When a person discontinues engaging in a business, a deficiency determination may be made at any time within two (2) years thereafter as to any liability arising from engaging in such business whether or not a deficiency determination is issued prior to the date the tax would otherwise be due. Whenever a deficiency determination is made, a notice shall be given to the person concerned in the same manner as notices of assessment are given in this Chapter 129. § 129.16 FAILURE TO REPORT; NONPAYMENT; FRAUD (A) Under any of the following circumstances, the Tax Administrator may make and give notice of an assessment of the amount of Tax owed by a person under this Chapter 129 at any time: (1) If the person has not filed a complete statement required under the provisions of this Chapter 129; (2) If the person has not paid the Tax due under the provisions of this Chapter 129; (3) If the person has not, after demand by the Tax Administrator, filed a corrected statement, or furnished to the Tax Administrator adequate substantiation of WE the information contained in a statement already filed, or paid any additional amount of tax due under the provisions of this Chapter 129; or (4) If the Tax Administrator determines that the nonpayment of any Cannabis Retailer Tax is due to fraud, a penalty of twenty-five percent (25%) of the amount of the Tax shall be added thereto in addition to penalties and interest otherwise stated in this Chapter 129 and any other penalties allowed by law. (B) The notice of assessment shall separately set forth the amount of any Tax known by the Tax Administrator to be due or estimated by the Tax Administrator, after consideration of all information within the Tax Administrator's knowledge concerning the business and activities of the person assessed, to be due under each applicable section of this Chapter 129 and shall include the amount of any penalties or interest accrued on each amount to the date of the notice of assessment. § 129.17 TAX ASSESSMENT; NOTICE REQUIREMENTS The notice of assessment shall be served upon the person either (1) by personal delivery; (2) by overnight delivery by a nationally -recognized courier service, or by a deposit of the notice via United States Postal Service Priority Mail Express (or a comparable service with another carrier or with the United States Postal Service, should Priority Mail Express no longer be provided) with proof of delivery, postage prepaid thereon, addressed to the person at the address of the location of the business or to such other address as he or she shall register with the Tax Administrator for the purpose of receiving notices provided under this Chapter 129; or (3) should the person have no address registered with the Tax Administrator for such purpose, then to such person's last known address. For the purposes of this Section 129.17, a service by overnight delivery shall be deemed to have occurred one (1) calendar day following deposit with a courier and service by United States Postal Service Priority Mail Express shall be deemed to have occurred three (3) calendar days following deposit of the notice. Within forty-five (45) calendar days after the date of service, the person may apply in writing to the Tax Administrator for a hearing on the assessment. If application for a hearing before the City is not made within the time herein prescribed, the Tax assessed by the Tax Administrator shall be a final administrative decision, subject to judicial review. Within thirty (30) calendar days of the receipt of any such application for hearing, the Tax Administrator shall cause the matter to be set for hearing before him or her no later than thirty (30) calendar days after the receipt of the application, unless a later date is agreed to by the Tax Administrator and the person requesting the hearing. Notice of such hearing shall be given by the Tax Administrator to the person requesting such hearing not later than fifteen (15) calendar days prior to such hearing. At such 70 hearing said applicant may appear and offer evidence why the assessment as made by the Tax Administrator should not be confirmed and fixed as the tax due. After such hearing the Tax Administrator shall determine and reassess the proper tax to be charged and shall give written notice to the person in the manner prescribed in this Chapter 129 for giving notice of assessment. § 129.19 RELIEF FROM TAXES; DISASTER RELIEF (A) If a cannabis retailer is unable to comply with any Tax requirement due to a disaster, the cannabis retailer may notify the Tax Administrator of this inability to comply and request relief from the tax requirement. A request for relief must clearly indicate why relief is requested, the time period for which the relief is requested, and the reason relief is needed for the specific amount of time. (B) To obtain relief, the cannabis retailer agrees to grant the Tax Administrator access to the location where the cannabis retailer has been impacted due to a disaster. (C) The Tax Administrator, in his or her reasonable discretion, may provide relief from the Cannabis Retailer Tax requirement for cannabis retailer whose operations have been impacted by a disaster if such tax liability does not exceed $100,000.00. If such Tax liability is $100,001.00 or more, than such relief shall only be approved by the City Council. (D) Temporary relief from the Cannabis Retailer Tax may be granted for a reasonable amount of time as determined by the Tax Administrator or the City Council, as applicable in order to allow the cannabis retailer time to recover from the disaster. (E) The Tax Administrator or City Council, as applicable may require that certain conditions be followed in order for a cannabis retailer to receive temporary relief from the Cannabis Retailer Tax requirement. (F) For purposes of this Section 129.19, "disaster" means, including but not limited to, natural disasters (such as, but not limited to, fires, explosions, earthquakes, drought, tidal waves, and floods); war, hostilities, invasion, act of foreign enemies, mobilization, requisition, or embargo; rebellion, revolution, insurrection, military or usurped power, or civil war; riot, commotion, strikes, go slows, lock outs, or disorder; a pandemic; or acts or threats of terrorism. § 129.20 CONVICTION FOR VIOLATION; TAX NOT WAIVED The conviction and punishment of any person for failure to pay the required Cannabis Retailer Tax shall not excuse or exempt such person from any civil action for the Tax debt unpaid at the time of such conviction. No civil action shall prevent a criminal 71 prosecution for any violation of the provisions of this Chapter 129 or of any State law requiring the payment of all taxes. § 129.21 VIOLATION DEEMED MISDEMEANOR Each and every material violation of the provisions of this Chapter 129 may be prosecuted as a misdemeanor and upon conviction be subject to a fine not to exceed one thousand dollars ($1,000.00) or imprisonment in the County jail for a period of not more than six (6) months, or by both such fine and imprisonment. Each day a material violation is committed or permitted to continue shall constitute a separate offense. § 129.22 REMEDIES CUMULATIVE AND NOT EXCLUSIVE The remedies provided herein are not to be construed as exclusive remedies. The City is authorized to pursue any proceedings or remedies provided by law." SECTION 6. Part 10 (Medical Marijuana/Cannabis Dispensaries) of Section 153.120 (Standards for Specific Land Uses and Activities) of Chapter 153 (Zoning Code) of Title XV (Land Usage) of the City Municipal Code is hereby repealed in its entirety and amended to read as follows: "Part 10. Cannabis Retailers § 153.120.32 INTENT AND PURPOSE The purpose of regulating cannabis retailers is to comply with California state law in a manner designed to minimize negative impact on the City, and to promote the health, safety, morals, and general welfare of residents and businesses within the City. § 153.120.330 USE REGULATIONS Pursuant to the authority delegated by the State to the City under Section 26054(b) of the State Business & Professions Code and overriding the location and design requirements contained in Section 26054(b) of the State Business & Professions Code, cannabis retailers in the City shall be subject to the following land use regulations: (A) Subject to the requirements of Title XI, Chapter 128, Cannabis Retailers, of this Code (in particular the possession of a retail cannabis business permit) and the requirements of Title XI, Chapter 127.6, Cannabis Retailer Tax, of this Code, cannabis retailers shall be a land use permitted by right on property zoned Industrial (1) or Industrial -Commercial (I-C). 72 (B) A cannabis retailer permitted pursuant Section 128.06 of this Code to shall not be located on property within (1) six -hundred (600) feet of a school, day-care, or youth center or (2) fifty (50) feet of a dwelling unit within a residential zone. (C) All distances specified in this Subpart 153.120.330 shall be measured in the following manners: (1) For schools, day-care, youth centers, or cannabis retailers, 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 retailer is to be located without regard to intervening structures. (2) For determining distance to dwelling units within 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 retailer is to be located without regard to intervening structures. (D) A cannabis retailer permitted pursuant Section 128.06 of this Code or which transfers locations pursuant to Section 128.12 of this Code shall not be located on property within (1) six -hundred (600) feet of a school, day-care, or youth center, (2) fifty (50) feet of a dwelling unit within a residential zone, or (3) two thousand (2,000) feet of another cannabis retailer. (E) Notwithstanding any of the above requirements contained in Sub -Subparts A through C, cannabis retailers shall be a land use permitted by right on property that is or was covered by a development agreement entered into and approved pursuant to Chapter 127 of the City Municipal Code prior to January 1, 2018, subject to the remaining requirements of Title XI, Chapter 128, Cannabis Retailers, of this Code (in particular the possession of a retail cannabis business permit) and the requirements of Title XI, Chapter 127.6, Cannabis Retailer Tax, of this Code." SECTION 7. Subpart 153.120.560 (Intent and Purpose) of Part 18 (Medical and Adult Cannabis Cultivation, Manufacturing and Distribution) of Section 153.120 (Standards for Specific Land Uses and Activities) of Chapter 153 (Zoning Code) of Title XV (Land Usage) of the City Municipal Code is hereby amended to read as follows: "The purpose of regulating commercial cannabis production activity (as defined in Chapter 127 of this Code) is to comply with California state law in a manner designed to minimize negative impact on the CITY, and to promote the health, safety, morals, and general welfare of residents and businesses within the CITY." 73 SECTION 8. Subpart 153.120.570 (Use Regulations) of Part 18 (Medical and Adult Cannabis Cultivation, Manufacturing and Distribution) of Section 153.120 (Standards for Specific Land Uses and Activities) of Chapter 153 (Zoning Code) of Title XV (Land Usage) of the City Municipal Code is hereby amended to read as follows: "(A) Chapter 127: Medical and Adult Use Commercial Cannabis. All commercial cannabis production activity shall comply with all applicable provisions of Title XI, Chapter 127, Medical and Adult Use Commercial Cannabis Production, of this code. (B) Outdoor cultivation. Owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the CITY to use or allow such premise to be used for the outdoor cultivation of cannabis plants is prohibited in the CITY. (C) Development agreement required. Prior to operating in the CITY and as a condition of issuance of a Permit, the applicant shall enter into a Development 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 BPMC), and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the CITY. (D) Maximum number of commercial cannabis permits. No more than 25 (twenty- five) permits issued pursuant to Title XI, Chapter 127, each with a maximum of 22,000 square feet of permitted Commercial Cannabis Production Activity may be allowed, maintained, or operated in the CITY at any time; except that, Distribution only, shall be allowed a maximum of 40,000 square feet." SECTION 9. The preamble of Sub -Subpart E (Security) of Subpart 153.120.570 (Use Regulations) of Part 18 (Medical and Adult Cannabis Cultivation, Manufacturing and Distribution) of Section 153.120 (Standards for Specific Land Uses and Activities) of Chapter 153 (Zoning Code) of Title XV (Land Usage) of the City Municipal Code is hereby amended to read as follows: "(E) Security. All security requirements set forth in Title XI, Chapter 127, Medical and Adult Use Commercial Cannabis Production, of this code are applicable." SECTION 10. The definition of "Characterizing flavor" in Section 125.010 (Definitions) of Chapter 125 (Tobacco Retail Licensing) of Title XI (Business Regulations) of the City Municipal Code is hereby amended to read as follows: 74 "`CHARACTERIZING FLAVOR' means a taste or aroma, other than the taste or aroma of tobacco, imparted either prior to or during consumption of a 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 related products. Characterizing flavor includes flavor in any form, mixed with, or otherwise added to, any tobacco product or nicotine delivery device, including electronic smoking devices." SECTION 11. The definition of "Electronic smoking device" in Section 125.010 (Definitions) of Chapter 125 (Tobacco Retail Licensing) of Title XI (Business Regulations) of the City Municipal Code is hereby amended to read as follows: "`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 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." SECTION 12. The definition of "FLAVORED CANNABIS OR TOBACCO PRODUCT' in Section 125.010 (Definitions) of Chapter 125 (Tobacco Retail Licensing) of Title XI (Business Regulations) of the City Municipal Code is hereby amended to read as follows: "`FLAVORED TOBACCO PRODUCT' means any tobacco product, which imparts a characterizing flavor. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer or any employee or agent of a tobacco retailer has: (i) made a public statement or claim that the tobacco product imparts a characterizing flavor; (ii) used text and/or images on the tobacco retail product's labeling or retail packaging to explicitly or implicitly indicate that the tobacco product imparts a characterizing flavor; or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the tobacco product imparts a characterizing flavor." 75 SECTION 13. The definition of "Tobacco or Cannabis paraphernalia" in Section 125.010 (Definitions) of Chapter 125 (Tobacco Retail Licensing) of Title XI (Business Regulations) of the City Municipal Code is hereby amended to read as follows: "`TOBACCO PARAPHERNALIA' means any item designed or marketed for the consumption, use, or preparation of tobacco products." SECTION 14. The definition of "TOBACCO OR CANNABIS PRODUCT' in Section 125.010 (Definitions) of Chapter 125 (Tobacco Retail Licensing) of Title XI (Business Regulations) of the City Municipal Code is hereby amended to read as follows: "`TOBACCO PRODUCT' means: (1) any product containing, made, or derived from 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, cigars, little cigars, chewing tobacco, pipe tobacco, and snuff; (2) any electronic smoking device that delivers nicotine and 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 product, whether or not sold separately or any of these contains 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." SECTION 15. The definition of "TOBACCO OR CANNABIS RETAILER" in Section 125.010 (Definitions) of Chapter 125 (Tobacco Retail Licensing) of Title XI (Business Regulations) of the City Municipal Code is hereby amended to read as follows: "`TOBACCO 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 tobacco products or tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange." 76 SECTION 16. Subsection H of Section 125.020 (Requirements and Prohibitions) of Chapter 125 (Tobacco Retail Licensing) of Title XI (Business Regulations) of the City Municipal Code is hereby amended to read as follows: "(H) No tobacco 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 tobacco product or any component, part, or accessory intended to impart or imparting a characterizing flavor in any form, to any tobacco product or nicotine delivery device, including electronic smoking devices. There shall be a rebuttable presumption that a tobacco product is a flavored tobacco product if a tobacco retailer or any employee or agent of a tobacco retailer has: (1) made a public statement or claim that the tobacco product imparts a characterizing flavor; (2) used text and/or images on the tobacco product's retail labeling or retail packaging to explicitly or implicitly indicate that the 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 tobacco product imparts a characterizing flavor." SECTION 17. This ordinance shall take effect thirty (30) days after its adoption by the City Council. SECTION 18. If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, the remainder of the Ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. 77 PASSED, APPROVED, AND ADOPTED 5t" day of April 2023. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Christopher Saenz, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on March 1, 2023. Thereafter, said Ordinance No. 1501 was duly approved and adopted at a regular meeting of the City Council on April 5, 2023 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: CHRISTOPHER SAENZ CITY CLERK /11!:7 zlelyj 41Wks ti7 M417►T MARCO A. MARTI N EZ CITY ATTORNEY ITEM NO. 5 TO: Honorable Mayor and Members of the City Council SAN„BRlEL'a FROM: Sam Gutierrez, Director of Public Works C VALLEY Oki ti5 , DATE: April 5, 2023 JANJ SUBJECT: Accept and Authorize the Filing of a Notice of Completion for CIP 20-89 — "Community Fabric" Art in Public Space Project SUMMARY This item will accept work completed for City Project, CIP No.20-89 — "Community Fabric" Art in Public Space Project, close the contract, and authorize the filing of a Notice of Completion with the County Recorder's Office. The completed work includes the design, fabrication, and installation of a public art piece within the City's downtown. The Public art piece includes the installation of four decorative poles and wire mesh that stretches perpendicular to Ramona Boulevard from one side of the street to the center median and to the other side of Ramona Boulevard. The public art piece also includes the installation of decorative plates that resemble "papel picado" with embossed icons representing the community of Baldwin Park. All designs for the plates were obtained from community outreach and public input. RECOMMENDATION It is recommended that the City Council: 1) Accept the design, fabrication, and installation of the public art piece, by Merge Conceptual Design, LLC, and authorize the recordation of a Notice of Completion for City Project CIP 20- 89; and 2) Authorize the final payment in the amount of $ 24,654.40 to close-out the project. FISCAL IMPACT There is no impact to the General Fund. The total expenditures for the project are detailed in the following table: Project Expenditures Amount Public Art Advisory Contract $ 10,000.00 Administration/ Inspection Contract $ 11,350.50 Irrigation Repairs $ 8,023.68 Design fabrication and Installation Contract Award $ 616,360.00 Change Orders $ 79,899.77 Total Construction Costs $ 725,633.45 BACKGROUND The goal of the project is to create distinctive Public Art features at a site -specific location within the City. The artwork will identify the City by reflecting the community's early days and expressing the City's current modern-day character. The project will include unique artwork to create a visual representation of the Baldwin Park community while offering respect to its heritage. The project will also complement the recently completed Downtown Beautification improvements which included new traffic signals and streetlights with city banners, decorative crosswalks, new ADA improvements, and site amenities such Page 1 / 3 benches, bike racks, and wayfinding signs. In September 2018, the City released an advisory seeking professional services for Public Art Consulting and project management. A committee comprised of Planning and Public Works staff, received, reviewed and evaluated proposals based on the design firm's qualifications and experience. After completion of the evaluation process the committee selected Barker and Associates as the highest rated proposer and executed a Consulting Services Agreement with the firm. Subsequently, Barker and Associates introduced Merge Conceptual Design, LLC. (MCD) to the committee as the proposed public artists for the project. After meeting with MCD, the selection committee determined that they would be a good fit for the project. MCD offered innovative ideas for public artwork design elements and identified with the City's long and rich history. DISCUSSION On April 17, 2019, the City Council approved a Design -Build contract with Merge Conceptual Design, LLC for professional services for the Design, Fabrication, and Installation of the Public Art Piece. A design -build method of contracting for this project was recommended and approved in an effort to reduce the project schedule and help mitigate the challenges of construction and installation of the artwork. On January 10, 2022, The Public Works Director executed a change order for $96,874.77 with Merge Conceptual for additional labor and cost for the installation of deeper foundations due to proximity to Metropolitan Water District infrastructure. The change order also included additional costs due to a utility relocation, the installation of slurry for each foundation due to poor soils conditions, the installation of traffic barrier to protect anchors, and engineering survey. On January 20, 2022, Merge Conceptual completed the design of the public art piece and was able to begin the fabrication of the artwork. Fabrication began during the height of the COVID 19 Pandemic which significantly delayed the construction of project. All elements of the Public art design included decorative elements, such as the poles, the mesh, and plates which each had its own lead times. Having Merge Conceptual Design work on both the fabrication and construction simultaneously, helped the construction move forward, despite the challenges faced during COVID 19 Pandemic. On September 9, 2022, The Public Works Director executed a second change order to omit the installation of a digital sign from project scope and for additional cost increase for marquee fabrication which resulted in a credit to the city in the amount of $16,975.00. On December 2022, All elements for the Public Art Piece were fabricated and installed. The Structural Engineer for Merge Conceptual completed his final site visit and inspection on January 17, 2023. Subsequently, the Public Works Department's Engineering Division deemed the project substantially complete and recommends that the City Council accept the improvements and authorize the filing of a Notice of Completion and process the final payment. Included in the total construction costs are the change orders shown below: CCO # Description Amount 1 Additional Costs for the installation of deeper foundations (14' to 19' deep) to comply with requirements of MWD for the existing infrastructure. $96,874.77 2 Omitting of digital display and additional cost for marquee fabrication $(16,975.00) Total $ 79,899.77 Page 2/3 ALTERNATIVES 1. The City Council may choose not to accept the completed improvements and not authorize the filling of a Notice of Completion with the Los Angeles County Recorder. This action is not recommended as the project has been deemed substantially completed and accepted by Staff. Not filing a Notice of Completion may lengthen the time the general contractor and their subs can file a lien or stop payment. 2. Provide Staff with alternative direction. CEQA REVIEW The subject Public Art Signs and Digital Marquee Display Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Notice of Completion City Manager Signature Department Director Review Page 3/3 RECORDING REQUESTED BY: CITY OF BALDWIN PARK When Recorded Return To: Name: CITY OF BALDWIN PARK Address: 14403 East Pacific Avenue Baldwin Park, CA 91706 SPACE ABOVE THIS LINE FOR RECORDER'S USE APN: N/A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: City Project No. CIP 19-89— Art in Public Spaces, for the City of Baldwin Park and was ACCEPTED by the City Council on: April 5, 2023. 2. The FULL NAME of the OWNER is City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706 4. A work of improvement on the property hereinafter described was COMPLETED on January 17, 2023, 5. The work of improvement completed is described as follows: CIP 19-89 —Art in Public Spaces 6. THE NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Merge Conceptual Design, LLC. 7. The street address or location of said property is 14403 E. Pacific Avenue Baldwin Park CA 91706 The undersigned, being duly sworn, is the Public Works for the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. 0 Yovanni Viramontes, Associate Engineer Executed in the City of Baldwin Park Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date City of Baldwin Park, City Hall Signature Sam Gutierrez, Director of Public Works Place of Execution ITEM NO. 6 F 'v 1• TO: Honorable Mayor and Members of the City Council �r HUB,0F THEE' FROM: Sam Gutierrez, Director of Public Works SAN GABRIEL10 DATE: April 5, 2023 QJAN„PSUBJECT: Consider and Approve Relinquishment Agreement and Adopt Resolution No. 2023-013, "A Resolution of the City Council of the City of Baldwin Park Approving Relinquishment of State Highway Roads and Collateral Facilities Fronting Interstate 10 Within the Territorial Boundaries of the City of Baldwin Park." SUMMARY This report seeks City Council approval of a Relinquishment Agreement with the State of California Department of Transportation (Caltrans) for the relinquishment of state highway roads and collateral facilities within the territorial boundaries of the City of Baldwin Park. The report also request that the City Council adopt Resolution No. 2023-013 as required for Caltrans to initiate the relinquishment of the frontage road and facilities, referred to as, "Relinquished Facilities" since the streets and facilities were taken by the State and relocated as part of the Interstate 10 Freeway widening project. Included in the relinquishment is state parcel no. 000431-01-01 that includes an existing infiltration basin serving only Dalewood Street and is designated as a collateral facility. The City intends to re -develop the basin into an underground stormwater capture system to enable full surface park improvements as part of the Roadside Park Project. The City will take ownership of the relinquished facilities upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and Caltrans's recording of the resolution with the County Recorder's Office. RECOMMENDATION It is Staff's recommendation that the City Council: 1. Approve a Relinquishment Agreement with the State of California Department of Transportation (Caltrans) for the relinquishment of state highway roads and facilities and authorize the Mayor to execute the agreement. 2. Adopt Resolution No. 2023-013 entitled, "A Resolution of the City Council of the City of Baldwin Park Approving Relinquishment of State Highway Roads and Collateral Facilities Fronting Interstate 10 Within the Territorial Boundaries of the City of Baldwin Park." FISCAL IMPACT There is no impact to the General Fund. BACKGROUND As part of the State's 1-10 Freeway widening project, portions of Garvey Avenue, Dalewood Avenue and certain parcels were taken by the State and relocated (narrowed) to accommodate freeway improvements and to use as a temporary construction easement. Among the property taken were State owned parcels that were leased by the City for use as a public park and open space parkette known Page 1 / 4 as "Roadside Park". Caltrans completed the project in 2020 and is releasing its interest in the use of excess land, residual to the project, through property sale and/or relinquishment. In December 2020 the City Council approved the purchase of real property from the State that was previously used for Roadside Park. The purchase was made as excess land through Right of Way Director's Deed DD 980097-01-01 in the amount of $78,500. The land was deemed developable and was offered for purchase to the City first, before putting it for sale in the open market. Unlike the purchased land, the proposed relinquishment includes a state-owned collateral facility parcel currently serving a public purpose as a detention and infiltration basin for storm water drainage from Dalewood Street. Upon learning about Caltrans' desire to relinquish the collateral facility, Staff ordered a feasibility study for the development of an underground storm water storage and infiltration system to remove the existing infiltration basin and enable full surface development to resume public park and open space use. Together, the purchased land and proposed relinquished facility would comprise the acreage desirable for the development of the City -owned passive park. In January 2022, staff submitted an appropriations project request form to the office of Congresswoman Grace F. Napolitano requesting an appropriation in the amount of $2,222,000 for the development of Roadside Park. The Roadside Park Project proposes to develop a passive park located adjacent to Interstate-10 Freeway and the Kaiser Permanente Medical Center at the southeast corner of Leorita Street and Dalewood Street in the City of Baldwin Park. The 0.80-acre park project will utilize water conservation and sustainability techniques and include features such as stormwater capture bioswales and parkway detention basins that collects rainwater into an underground water infiltration system to recharge this region's groundwater table. Other features include drought tolerant native trees and shrubs, permeable walkways and paved bikeways, recycled picnic tables and benches, and solar - powered security lighting; all to provide the surrounding residents with a passive open space park to be enjoyed by all users while providing a sustainable approach for water conservation. The park is part of the City's ongoing initiative to provide `parks for all' to increase park spaces which would improve the health and welfare of the neighboring residents and its adjacent communities. This project provides opportunities to expand benefits to the community in a way that directly relates to the environmental burdens of the neighborhood which may include natural habitat, urban greening, improved air quality, enhanced community health and educational opportunities. The project aims to resolve both the lack of park space and reduction of flooding in this disadvantaged community by creating a dual-purpose park. On July 28, 2022, the City of Baldwin Park received a Letter of Invitation (award letter) from the Federal Government — United States Department of Housing and Urban Development (HUD) for the Roadside Park project. The grant was awarded as part of the Consolidated Appropriations Act, 2022 in the amount of $2,222,000 and a federal project number was assigned. Staff has submitted all requested information as stipulated on the LOI to HUD. The submittal has been accepted by HUD and the City has received the Grant Agreement for review and acceptance. Prior to executing the Grant Agreement, the City must be in full possession of the parcel to be relinquished by Caltrans. Once executed, staff will be able to begin design development. DISCUSSION Caltrans would like to complete the relinquishment of Garvey and Dalewood Avenues (Segments 1 to 5) as shown in the enclosed relinquishment map (Relinquishment No. 1267) and Right of Way Maps F-1860C-3C and F-1860C-4C including state parcel no. 000431-01-01. This relinquishment is subject to the approval of the California Transportation Commission (CTC). Caltrans provided a draft relinquishment agreement, attached hereon, that outlines the terms, specifically the highlighted Page 2 / 4 acceptances and waivers. Some key items to note, as stipulated on the relinquishment agreement, is that the City will agree to waive the Caltrans' obligation to provide an "intention to relinquish" as set forth in Streets and Highways Code Section 73. Additionally, the City agrees to accept ownership including all interests and obligations pertaining to the property to be relinquished along with accepting its existing environmental condition. Caltrans agrees to relinquish the property upon approval of the CTC, will submit the CTC resolution of relinquishment to the County Recorder's Office for recordation and transfer to the City all available copies of Caltrans' records pertaining to the property within sixty (60) days of execution of the agreement. In March 2023, HUD issued an update pertaining to the FY2022 Community Project Funding Award (CPF) which provided several significant changes brought forth through the recently enacted Consolidate Appropriations Act, 2023 (FY2023 Act). Some of the major changes brought forth by the FY2023 Act include modifications to the grant award processes and award documents which in turn would give the City (grantee) greater discretion over the use of their grant funds. The increased flexibility is vital to the effective administration of these awards. The City also received the Grant Agreement with HUD which outlines the details pertaining to the award including the grant amount of $2,222,000, the award -specific requirements, general Federal requirements along with reporting and project closeout details to be signed and accepted by the Mayor at City Council's discretion. The Grant Agreement with HUD will be brought back to the City Coucil for consideration at a future meeting. ALTERNATIVES The City Council may choose not to approve the Relinquishment Agreement and Resolution. This action is not recommended as the City will forgo the opportunity to own land previously used as park land open space. The proposed relinquished properties include a state-owned collateral facility that is key to the development of Roadside Park. CEQA REVIEW The California Department of Transportation (Caltrans) Office of Environmental Engineering (OEE), Hazardous Waste South Branch conducted a hazardous waste assessment for an excess Caltrans Parcel DD 980592-01-01. The results of the environmental records review did not indicate any documented sources of contamination nor Recognized Environmental Conditions (REC) adversely affecting the parcel, including no indication of hazardous materials use or storage, leaking underground storage tank (LUST) sites/cases, spills, leaks, and/or site investigations & site cleanup cases at the Parcel or within a 1,000-foot radius form the Parcel. Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters, the action contemplated by this report involves only the transfer of property rights, therefore the proposed action is exempt from review under CEQA pursuant to CEQA Guidelines Section 15061(b)(3). Any future project contemplated on the parcel will be reviewed for CEQA compliance at that time. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. Page 3 / 4 ATTACHMENTS 1. Resolution No. 2023-013 2. Caltrans Relinquishment Letter 3. Relinquishment Agreement with Caltrans 4. Environmental Assessment 5. Relinquishment Maps Page 4 / 4 RESOLUTION NO. 2022-013 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPROVING THE RELINQUISHMENT OF EXCESS PROPERTY KNOWN AS ROADSIDE PARK ADJACENT TO INTERSTATE 10 (1-10) FREEWAY WITHIN THE TERRITORIAL BOUNDARIES OF THE CITY OF BALDWIN PARK � r r: '• s r • II i i �'ir [019 11 Nam 104.11 RIM A TO !' r i • . • WHEREAS, the City will waive the State's obligation to provide ninety (90) days prior notice of State's "Intention to Relinquish" as set forth in section 73 of the Streets and Highways Code; and WHEREAS, After the effective date of relinquishment by the State, the City will assume ownership of the RELINQUISHED FACILITY, at no cost to the State, in its as -is condition, including all of State's current obligations, rights, title and interest in RELINQUISHED FACILITY, including but not limited to maintenance, control, liability and obligation; and WHEREAS, The City agrees that RELINQUISHED FACILITIES are currently in a state of good repair; and WHEREAS, City is to accept the RELINQUISHED FACILITY in its current environmental condition and setting, including, but not limited to, the presence of hazardous materials as described in the 07-LA-10-PM 31.8 Excess Land Hazardous Waste Assessment Parcel DD 980592- 01-01 dated August 21, 2020. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. All of the above recitals are all true and correct. SECTION 2. The City Council hereby approves the resolution to accept the ownership of the RELINQUISHED FACILITY to the City, subject to California Transportation Commission's approval of the Relinquishment Resolution. SECTION 3. The City Clerk shall certify to the adoption of this Resolution Resolution No. 2023-013 Roadside Park Relinquishment Page 2 PASSED, APPROVED, AND ADOPTED this 5 day of April 2023. Emmanuel J. Estrada Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK 1, Christopher Saenz, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2023-013 was duly adopted bythe City Council of the City of Baldwin Park at a regular meeting thereof held on April 5, 2023, and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Christopher Saenz CITY CLERK STATE OF CALIFORNIA—CALIFORNIA STATE TRANSPORTATION AGENCY Gavin Newsom Governor DEPARTMENT OF TRANSPORTATION DISTRICT 7 100 S. MAIN STREET, SUITE 100 LOS ANGELES, CA 90012 PHONE (213) 897-0362 FAX (213) 897-0360 TTY 711 www.dot.ca.gov November 17, 2020 Mr. Sam Gutierrez Public Works Director City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Dear Mr. Gutierrez: Making Conservation a California Way of Life. The Department of Transportation (Caltrans) would like to complete the relinquishment of Garvey and Dalewood Avenues (Segments 1 to 5) as shown in the enclosed relinquishment map (Relinquishment No. 1267) and Right of Way Maps F-1860C-3C and F-1860C-4C. Included in the relinquishment is the state parcel 000431-01-01 that includes an existing infiltration basin. The basin is collateral facility serving only Dalewood Street. This relinquishment is subject to the approval of the California Transportation Commission. We are providing the draft relinquishment agreement that outlines the terms, specifically the highlighted acceptances and waiver. In order to complete the relinquishment, an executed Relinquishment Agreement (see attached), and City Council Resolution will be needed. Attached for your use is the language that must be incorporated into the City Council Resolution for it to satisfy the California Transportation Commission requirements. Should you have any questions or concerns, please do not hesitate to contact Ref igio Dominguez of my staff. He can be reached at (213) 269-1762. Srkn40J"44 I an Hossain, Chief Office of Design C Enclosures Relinquishment Agreement Relinquishment Map "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" 07-LA-10-PM 31.2/32.2 EA OR004 Project ID 07--- Agreement 07 STATE HIGHWAY ' 1 AND COLLATERAL AGREEMENT This AGREEMENT, effective on (date)_, is between the State of California, acting through its Department of Transportation, referred to as CALTRANS, and: City of Baldwin Park, a body politic and municipal corporation or chartered city of the State of California, referred to hereinafter as CITY. CALTRANS and CITY, pursuant to California Streets and Highways Code Section 73, are authorized to enter into a cooperative agreement in order to relinquish to CITY a portion of a State Highway frontage roads and collateral facilities within CITY's jurisdiction. 2. CALTRANS intends to relinquish to CITY frontage road segments labeled as Segment 1 to Segment 5 consisting of Garvey Avenue North and Dalewood Avenue as shown in Exhibit A, which is attached to and made a part of this agreement, referred to hereinafter as RELINQUISHED FACILITIES. This relinquishment is based on the fact that the streets were taken by the State and relocated. CITY is willing to accept said RELINQUISHED FACILITIES upon approval by the California Transportation Commission (CTC) of a Resolution of Relinquishment and CALTRANS's recording of said Resolution with the County Recorder's Office. 3. CALTRANS and CITY agree that RELINQUISHED FACILITIES are currently in a state of good repair. 4. CALTRANS and CITY, collectively referred to as PARTIES, herein intend to define the terms and conditions under which relinquishment of the RELINQUISHED FACILITIES is to be accomplished. SECTION I. CITY AGREES: 1. Execution of this AGREEMENT constitutes CITY's waiver of CALTRANS's obligation to provide ninety (90) days prior notice of CALTRANS's "Intention to :Relinquish" as set forth in Streets and Highways Code Section 73. 07-LA- I O-PM 31.2/32.2 EA OR004 Project ID 07--- Agreement 07 2. To accept ownership, including all of CALTRANS's current obligations, rights, title and interest in RELINQUISHED FACILITIES upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office and to thereafter operate, maintain, and be liable for RELINQUISHED FACILITIES at no additional cost to CALTRANS. 3. To accept the RELINQUISHED FACILITIES in their current environmental condition and setting, including but not limited to, the presence of hazardous materials as described in the Hazardous Waste Initial Site Assessment (ISA), dated August 21, 2020. CITY has received and reviewed a copy of the above -referenced Hazardous Waste Initial Site Assessment (ISA). Upon recordation of the CTC's Resolution of Relinquishment in the County Recorder's Office, CALTRANS will not be responsible for any present or future remediation of said hazardous materials. SECTION 11 1. To relinquish, upon the approval of the CTC's Resolution of Relinquishment, the RELINQUISHED FACILITIES. 2. To submit the CTC Resolution of Relinquishment to the County Recorder's Office for recording. 3. Upon CITY's specific request, to transfer to CITY within sixty (60) days of such request, copies of available CALTRANS records and files for the RELINQUISHED FACILITIES, such as plans, survey data and right-of-way information. SECTION III 1. All portions of this AGREEMENT, including the Recitals Section, are enforceable. 2. All obligations of CALTRANS under the terms of this AGREEMENT are subject to the appropriation of resources by the Legislature, State Budget Act authority, programming of funds by the California Transportation Commission (CTC) and the allocation thereof by the CTC. 3. CALTRANS reserves the right to enter, at no cost to CALTRANS, the RELINQUISHED FACILITIES, to modify or add signage, drainage, and other improvements necessary for State Highway operations. CITY agrees to allow CALTRANS access to operate, PA 07-LA- I O-PM 31.2/32.2 EA OR004 Project ID 07--- Agreement 07 maintain, add, remove, or modify CALTRANS' facilities retained in those RELINQUISHED FACILITIES. 4. CITY shall fully defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the Hazardous Waste Initial Site Assessment (ISA),, dated August 21, 2020, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred on or arise after the date of the recordation of the CTC's Resolution of Relinquishment. 5. CALTRANS shall fully defend, indemnify and save harmless CITY and all of its officers and employees from all claims, suits or actions related to environmental theories or assertions of liability, including, but not limited to, claims or lawsuits related to the presence of hazardous materials as described in the Hazardous Waste Initial Site Assessment (ISA), dated August 21, 2020, provided that the actions, events, injuries, damages, or losses giving rise to any claims, suits or actions occurred or arose before the date of recordation of the CTC's Resolution of Relinquishment. 6. Neither CALTRANS nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CITY under this AGREEMENT. It is understood and agreed that CITY], to the extent permitted by law, will defend, indemnify and save harmless CALTRANS and all of its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CITY, its contractors, sub- contractors, and/or its agents under this AGREEMENT. 7. Neither CITY nor any officer or employee thereof is responsible for any injury, damage or liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under or in connection with any work, authority or jurisdiction conferred upon CALTRANS under this AGREEMENT. It is understood and agreed that CALTRANS, to the extent permitted by law, will defend, indemnify and save harmless CITY and all its officers and employees from all claims, suits or actions of every name, kind and description brought forth under, but not limited to, tortious, contractual, inverse condemnation or other theories or assertions of liability occurring by reason of anything done or omitted to be done by CALTRANS, its contractors, sub -contractors, and/or its agents under this AGREEMENT. 8. No alteration of the terms of this AGREEMENT shall be valid unless made in writing and signed by the PARTIES hereto. No oral understanding or agreement not incorporated herein shall be binding on any of the PARTIES hereto. 07-LA- I O-PM 31.2/32.2 EA OR004 Project ID 07 -------- Agreement 07 ----- 9. This AGREEMENT shall terminate upon recordation of the CTC's Resolution of Relinquishment for the RELINQUISHED FACILITIES in the County Recorder's Office except for those provisions which relate to indemnification, ownership, operation, and maintenance, which shall remain in effect until terminated or modified in writing by mutual agreement. CONTACT INFORMATION The information provided below indicates the primary contact information for each PARTY to this AGREEMENT. PARTIES will notify each other in writing of any personnel or location changes. Contact information changes do not require an amendment to this AGREEMENT. Sam Gutierrez Director of Public Works 14403 E. Pacific Avenue Baldwin Park, CA 91706 Phone Number: (626) 813-5251 E-mail: sgutierrezgbaldwinpark Project Manager: Title: Mailing Address: Phone Number: E-mail: II 07-LA-10-PM 31.2/32.2 EA OR004 Project ID 07-------- Agreement 07----- SIGNATURES PARTIES are empowered by the law to enter into this AGREEMENT and have delegated to the undersigned the authority to execute this AGREEMENT on behalf of the respective agencies and covenants to have followed all the necessary legal requirements to validly execute this AGREEMENT. This AGREEMENT may be executed and delivered in counterparts, and by each PARTY in a separate counterpart, each of which when so executed and delivered shall constitute an original and all of which taken together shall constitute one and the same instrument. The PARTIES acknowledge that executed copies of this AGREEMENT may be exchanged by facsimile or email, and that such copies shall be deemed to be effective as originals. 0 District Director District Budget Manager Attorney Department of Transportation CERTIFIED• FINANCIAL TERMS '• By: HQ Accounting Supervisor •lullWJ01 M_I 0•11,01101WIN C Chief Executive Officer Attest: Chief Deputy City Clerk APPROVED AS TO FORM PROCEDURE: City Attorney • State of California DEPARTMENT OF TRANSPORTATION California State Transportation Agency Memorandum Making Conservation a California Way of Life. To: Refugio Dominguez Date: August 31, 2020 Senior Transportation Engineer Office of Design — C Attn: Aaron Foong File: 07-LA-10-PM 31.8 Project Engineer Excess Land Hazardous Waste Assessment Parcel DD 980592- 01-01. Baldwin Park, CA PN: 1846-0718000131 EA: 07-333-OR004 From: CALIFORNIA DEPARTMENT OF TRANSPORTATION OEE-HAZARDOUS WASTE BRANCH, SOUTH REGION DIVISION OF ENVIRONMENTAL PLANNING Subject: EXCESS LAND HAZARDOUS WASTE ASSESSMENT, PARCEL DD 980592-01-01, SOUTH OF DALEWOOD STREET AND INTERSTATE 10, P.M. 31.8, CITY OF 1.1,1 II ImI1007Ia M 1 elm"I►r" 01 a 0 cYK111 LNI111 ar101017►`i As requested, the California Department of Transportation (Caltrans) Office of Environmental Engineering (OEE), Hazardous Waste South Branch has conducted a hazardous waste assessment for an excess Caltrans Parcel DD 980592-01-01 (referred to herein as "the Parcel"), located south of Interstate 1.0 (I-10), P.M. 31.8 and east of the intersection at Dalewood Street and Leorita Street in the City of Baldwin Park, California. Caltrans is currently planning to transfer the Parcel together with Dalewood Street to the City of Baldwin Park as part of the relinquishment process. Dalewood Street was relocated by Caltrans during the Freeway Widening Project. The purpose of this hazardous waste assessment was to identify known or potential sources of contamination or Recognized Environmental Conditions (RECs) that may adversely affect the Parcel. Pursuant to American Society for Testing and Materials (ASTM) 1527-13, REC means the presence or likely presence of any hazardous substances or petroleum products in, on, or at a property: (1) due to any release to the environment; (2) under conditions indicative of a release to the environment; or (3) under conditions that pose a material threat of a future release to the environment. This hazardous waste assessment was prepared based on a review of online historical and current aerial photographs and information available on the Los Angeles Regional Water Quality Control Board's GeoTracker and the California Department of Toxic Substances Control EnviroStor environmental databases. "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" EA: OR004 (PN 0718000131) Hazardous Waste Assessment Caltrans Excess Parcel DD 980592-01-01 August 31, 2020 Page 2 of 2 Current and Historical Land Uses Currently, the Parcel consists of a 34,889 square -foot sparsely vegetated land with an infiltration basin occupying the majority of the Parcel. The overflow spillway trench is located in the northeastern corner of the Parcel. Prior to the Freeway Widening Project, the Parcel was used as a park owned by the City of Baldwin Park until 2012. Refer to the attached Drainage Plans and to the Right of Way Appraisal Map No. F-1.860C-4C for the Parcel features, number/area/acquisition types, and Grantor/Grantee information. Environmental Records Review The results of the environmental records review did not indicate any documented RECs and/or Historic RECs, hazardous materials use or storage, leaking underground storage tank (LUST) sites/cases, spills, leaks, and/or site investigations & site cleanup cases at the Parcel or within a 1,000-foot radius form the Parcel. Based on the above research information and to the best of our knowledge, the Excess Parcel can be disposed on "as -is" condition with a full disclosure of all the information contained in this assessment. Please note, it is recommended that the perspective purchaser of the Excess Parcel make his/her own determination regarding the environmental conditions present in, on, or at the Excess Parcel, independent of the research and information disclosed in this assessment. If you have any questions, I can be reached at adrew. oon&dot.ca.gov, (213) 266-6982, or contact Maria Szweminska of my staff at maria.szweminska(agdot.ca.gov, (213) 266-6975. Andrew Yoon, P.E., TE District Hazardous Was Branch (South Region) Office of Environmental Engineering (OEE) Attachments: Right of Way Appraisal Map No. F-1860C-4C Drainage Plans Cc: File D07EnvPingDocs Khan Hossain — Division of Design Karl Price/Eric Dietrich — Division of Environmental Planning Gloria Taylor — Division of Environmental Planning "Provide a safe, sustainable, integrated and efficient transportation system to enhance California's economy and livability" V Xa TI— X0. XxAtlMS oBLTR ,Q 4ti t%.4q LINE DATA TABLE @1�. BEAR3Nb 4SSTANC£ 536 'Aq A ,�2t.2n'. ROUTE to _ jjAGT No. J465' ,, N Tr. TFa II Ya of Cdl Pfarvrlp a aff iemrs or ay�n4.s or"tl f¢,+at trnogae�i d iM1tx'fmop. uceurac): tir anatadrrato RIGHT OF WAY it Wpm rm" ..... _.. _. _.. _ _ _. t r 42 M1 Ni Vk Y/j/1 r r r a DATF... '- rtr e.�'r 0 4' ] Y A 1 l,I Ir Hf'^w' lEt L E C R xl fi t f FF, M U 5 ro t .. _ ts a �i1 DOKEN f'V(' NEE, TIN M 2", PI c tOD c a �ssva vcN ti 4�seo SE END iK Ei'LGiN is" CHA:I` FN6 6' CHAI; N6F6. ALL DIMEI o ONS: ARE N EEE7 CIN[ rSS OTHiFRNIS OWN ON P:AN`Ss RDFR EAST R VISE1 7✓1/7010 E0 R to 10 l AS BUILT DRAINAGE PLAN Na, DALEWOOD STREET IS P1.Fl„ „r Ct 44 l: t,+ 1tA'P.�,E ONI_v. C AI E::,'=20' -3, NCOrE: . BASIN 2 ;'OESN (NCU,DE _W)SCAPiNG: ,-TUT' OF BERM OR IRG'CA`!ON,-ID ERA6.:K I V tC I_2,I S( I WAY __._._ _ OG �-L.ONCR_➢C -OPOP BERM ----- t OVU :f7W in li LWA`-"_.,r Ad LET r' EL 1 3 8,5'., Ygp. 00 j s SECTION B-B FAS:N FLOOR DOIYEN LNGIR FRII MCf CONS I RUCT ION t 03 sus3a �n A— TOP Of L;_W SECTION a -A RO SCALF .. . - — _ — ti � G• a ,., cc — t — —x -- o INFILTRATION BASIN #2' V SCALE: I -20' U .. - hJ ALL LIM 'v....;:5,a ARE IN 6CE UNIFFIS:C -IF,8ti1SFSNC+'iN, PARDFR LAST "LVISLD 71?/,fG7T vJSR i-,_2 GN 14 �r.(tf a3b�'t�V T M, A BOLT N Pi..:A-^.E. fA D STAINL-SS SfEEL HU FON HCAD SOREW tRENCt-I P AIE, DEP]ii 10 BE M-R. STD. FOR PEDESTRIAN TRAPTlc CONCRLI E THIS PtAM ACCURATE FOR DRAINAGE ONLY, 2-1A7( C CUVD P 3CA;-� � Y 2 3 SECTION C-t NU' SC,M F LA t E+. I F. Oc — R aar � ..� t O-u r.� C 2 M N .J'` ' AC 'ELT ARE 4 \ �. SECTION D-D tvO SCALE /a" MAX. GAP V SHELF DETAIL A NO SCALE ullIT i11- !LH FRAME. ' OF GRATE F:_USF; P TOP OF CURB' RSt16l.T C GvTRt[7 ANC K)I,? STLD i„ DAYL i" 3 E 1 q MFk-.5lD. - DRAINAGE DETAILS DALEWOOD STREET PRO„CCI NUWBEP, 1F PHASF. 0700001OA3'; STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION HAZARDOUS MATERIALS DISCLOSURE DOCUMENT - DISPOSAL ENV-0001 -D (NEW 0312009) :GETAK-1 0 Z 1.6 — 0 1.1 1241t.i F-1860C-4C APPRAISAL MAP NO. k1iM;=SLC3J--M=, I ZkYWYA U-11:141:4 0 0, to) kyj I".1 Q :W111 RW PARCEL NUMBER(S): 980592-01-01 These Parcels Can NOT Currently Be Sold qE_E.�chq9 qd. RW PARCEL NUMBER(S): 07/LA/l 0 PM Ir #I, 24540 / OR004 EA 0700000431 See subsequent pages for detailed information regarding property condition and status. Form Prepared By: 1049bA 5zw1--"1TV_LA _KV . ....... Andrew Yoon, P.E. And rew w, -Ap—proved by D rdouS Supervisor STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION Page 2 of 3 HAZARDOUS MATERIALS DISCLOSURE DOCUMENT - DISPOSAL ENV-0001 -D (NEW 03/2009) HAZARDOUS MATERIALS DISCLOSURE DOCUMENT- DISPOSAL DETAIL be Sold or exchanged. (a) minor soil contamination. A hazardous waste Site investigation [E] has / El has not i been performed on the referenced parcel(s) (if not performed explain the source of knowledge in the Comments section). Subject parcel(s) can be sold or exchanged.; (b) contaminat d groundwater under the property. A hazardous waste Site investigation [E has has not] been performed on the referenced parcel(s) (if not -performed explain the 6116y,I rd�Aaerrlw&mi4T61 FiV to be attributed to the Caltrans Droperty_W operations (an indemnification letter from the local, state or federal regulatory authorityL_J is not ] attached). Subject parcel(s) can be sold or exchanged.; Nis STATE OF CALIFORNIA - DEPARTMENT OF TRANSPORTATION Page 3 of 3 HAZARDOUS MATERIALS DISCLOSURE DOCUMENT - DISPOSAL ENV-0001 -D (NEW 03/2009) 3- This document includes, as an attachment, a hazardous waste Site Investigation report • the nature and extent of contamination and cleanup cost estimates for the referenced parcel(s). Howev cleanup is not required pursuant to state or federal law. The subject parcel(s) can be sold or exchanged with appropriate and full information disclosure and/or deed restrictions.. I 4. This document includes the hazardous waste Site Investigation work schedule or cleanup plans, schedule, and current status for 1hp referenced parcel(s), as an attachment. The work will be completed by [ LJ Caltrans / LJ a responsible party ]. The subject parcel(s) can not be sold or exchanged until remediation is complete The District must request a Category 2D Environmental Hold on the subject parcel(s). (Note: Attach this Hazardous Materials Disclosure Document - Disposal to the Application to Hold Excess Land request form - RW 16-3). (2) Px 2X;Er*;tri2te X2z2rV*ws wpstee Site lAvestigflim m�,,st �e X.,eK*;-m-e1 41ete),,mi;�e t.%e natyre aiii extent of contamination, and remedial cost estimates. Proper charging codes and expenditure authorization (EA) need to be provided to the District Hazardous Waste Technical Specialist. Site Investigation is anticipated to be completed by (date).: (c) k2z2rV&ur-.v2ste Site lAveritig2tiiA stulies 2re c#.---A;flete 2;%l eitXer 2 regulattF1 s2se clisyre is .t,eing obtained or the site requires cleanup or long-term monitoring. Resolution is expected by - --------------------------------- (date).; Please see attached Excess Parcel Hazardous Waste Assessment (08/31/2020) �G► DEPARTMENT OF TRANSPORTATION pso BEARINGS AND DISTANCES SHOWN HEREON ARE UPON7 IN T H E CITY OF B A L D WIN PARK, ALONG ROUTE 10 FREEWAY ZONED5,NORTHEAMERICAANNDATUMCALAO(DNAD)TOFS1983M emsALL ° FROM ROUTE 605 FREEWAY TO B A L D WIN PARK BOULEVARD DIVIDESTAGRI)DEDISTANCEIB. TOY COMBBINATI)ONROUND FACTTORISTANCES 0.9999723 I S 6 5 TRACT NO. 10953 30,/ Q / TR ACT NO. 1 953 N P,3 M.B. 193-44/45 -�o- M.B. 193-44/ 5o SEE DETAIL 41 B K, B �0) a / B L K. A 4 3 2 1 oO V �9,.0 0 8 a\ '76078, R=27o49' P� `�30.00' // 12 11 10 9 8 7 w 1" 3 0 /�=61 29'51" 30. 51'06"E N 980 6" S86 18'50"W N LY LINE OF 'R=1673.42' L- o (O /r�Q d. 22,48 <' 35 N O•R.:2011 266 n-ol 0' -29.50 " ^O/ R=27.49' / / N'LY LINE OF SEGMENT 1j 980 93 76.97' 0736 2' 98' 0 0=123001 '36° �JO �L=59.03' O.R.:20100075485 24 57 I S86018'50"W 190.92' S86078'50" (O� /4'� ��NEIOOOV18` 704.65' W ab / N N80°07'18"NN86°18'S0278.43' 99.98' N80°07'18)'E 160.00' N80°07'18'E 169.97' sis E 312 55' C' N86°18'50"E 312.55' - / / GARVEY/ N80°07'18"E 859.16' AVEa N. �� T�Tn R-1640.42' p=oB 11'3 L= 77.29'y A N44°46'30"E 42.04' 655 r - 7 N80°07'18"E 769.14' �� �n R-1.34' p=06°11'32' L=178.90' RTT� �Tl rr-rn rF7" n-r�`i m- mm mm non r rr7i m-n F-[ m FT Tr mm mT l mm r r m I rm rrrn rrrn rT rTr mm mm r-rTTr rrTTr rT m m -n m- n rrr r i '-T-i mT rrT n rrTn , M SEGMENT 2 O/ RTE / /� 10 FWY N82°01'55"E O� `L 'o pso •`�6 emu' --� - - R=15008.00' p o N80°07'18"E=01 54'36" L=500.31' / I / I / rol / �l R=653.21' ml OI p-04'52'45" t- O Lo N Ln Q o O N i w O O N O o M wo zr z 0 N80°07'18"E J N 38.00' r °° J 0_ ZO 16.36 1 65' / of / N67°31'40 E RD p7o02157 15.07 L=55.63' 0 50.72' N09 52'42"W g2 L_39.57 N75 5B'55°E // / R,$A o 5 03' L 1 1 I I I I I LLLLJ LL_LLI L.L_LI /� LL.LI LLL.IJ LLL1J L1 I111� 1 .I I I 1 L.L.LJJ LL.IJ LLIJ.J I I I LJ LLL-J a 1J ICI L.- LJ LIJJ L1J i LLu O u11J LPL J ., ., , , , ., L ., , ., ., L �-1 (..�j � FTI-M 3 ImnFFF-IW IIII L 00'N D'S7.36 / / N80°07'18"E 1020.10' 73.47' O 80°07' 18' W . �_ - p=4 �2 138. 2' DALEWOOD S ST e 8°77R �90e �9 N85°00'04'E p\ 18'45' S80°07'18"W / 59.64' L7 59.44' 3g �9' 6 ° p D=39o53°83' 66.33' 142.20" 32.23' 40' 40' R=20.73' > R=20.73' 45' M 50' 102.03' / �`760 0 ° N09°52? 24W L- 29.25' W-cc N R=167.32' - °.iy 0 76' 33.84' 32 31 30 29 J 1 p=28°11'48' P 1-43/44 DETAIL T // R'2 2�? 4 3 L_ . 2 1 7 UI L=82.34' / No soale 2O'Y33 TRACT N ° 53452 / R 210.00' ti ,ti TRACT NO. 2279 q.o a �� A=14°38'03" ���'� B. 6 6 4 �A M,B, 1273-75/77r28 > 2 P 1 43/44 L=53.75' CALIFORNI w � SEG ENT�X��`���� >Ln / / / ww SAN BERNARDINO FWY. RTE. 10 SEGMENT 2 SEGMENT 4 SAN BERNARDINO FWY. RTE. 10 SEGMENT 3 p] �DALEWOOD ST �q�E SEGMENT S 5 V Q ` ST PIN C H IO ENS /F, /< �/ �'S'f / / 5� NOT TO SCALE l� y°Q`�P e�ss90 AREA TO BE RELINQUISHED / ? ��/ F DACE FILED FOR RECORD IN STATE HIGHWAY MAP BOOK NO. DATE: AT PAGE RECORDERS INDEX NO. RECORDS OF COUNTY NOTE: States rights are not extinguished or transfer of title fs not effiected until recordation of related CTC resolution. (In compliance with Sections 128 & 129 of the STREETS & HIGHWAYS Code) V /i �P � W tf1 d V co V L O e •� a) M O Oo N 00 Ln Z �_ZN0915244 W 38.00' N80°07'18' o r O,9 O .IS, S80°07'18"W 100.00' 0 9r / N N / S v ssjO" 9 TRACT NO 10953OD rn M.B. 193-44/45 N FILED FOR RECORD IN STATE HIGHWAY MAP BOOK NO. DATE: AT PAGE RECORDERS INDEX NO. RECORDS OF COUNTY NOTE: States rights are not extinguished or transfer of title is not effected until recordation of related CTC resolution. (In compliance with Sections 128 & 129 of the STREETS & HIGHWAYS Code) of N 2 of N .50 N ccN BLK. A PARCEL MAP N0 1004 W N v N N Ln LU N 6 V V) V M.B, 164-78 p 122°53 47Ln 5 4 3 0 L=58.91' g1 p8' E _ O.RY:20N1 023670 6°3E OF:1� Ni1052'p0"E 93• 518g3, 00-- a N 200.45' 41 -_ DIST I COUNTY ( ROUTE ' POST MILES SHEET TOTAL N0. SHEETS 07 LA 1 10 1 32.7 2 3 DISTRICT RIGHT OF WAY ENGINEER PROFESSIONAL LAND SURVEYOR APPROVAL DATE No. 6293 ` Exp.09-30-20 , r, L-36.48 Y AVE o lvb5V34'21"E 279.10' z / R=93.00' �°92 R=1613 42' L=94.31' G ARV E A=8°31'38" r 0=4°52 45" N81°0 '36"W L=1 0O FS 40- N71 ° 52 p0 E L=1 3. 84 = R=1613. S87° G/�R L 137. 0' 192.05' ,E 42� VEY L / 0801 '18" L=23 3 13' N11°5Z'00' R-205.00' 130.48, N85054 QVE R=1640.42' 4= _ r 7 50 300• v� A=02°09'31" _ 21"E 279. 1�' _238• L=7.73 R=1655.34' � 08°15'18 L T R 1640.42' N81°01'36W' �� r- T-T rrTT N85°54'27 "E 258.36 rrTTl f'TTT TT'T-1 m mTl fTTTI r F FTTT1 FTTrl rrm F TI fTnF TrTTT �� FrF �n �n �n T T T T SEGMENT ��R=65a.21' i� nT m n 718.TT- , �" 0=06 23' 26' �� rrsn rTT r;l mTT n rTrT r rl rTrTT l r m rTrr i i7rn r 'a, .� L=72.86' v N v R=1655.34' `n 0=4°52'45" L=3.03' 16.I97 20.00'' o 1-=140.97' ;rn _ RTE. _ _ _ 10 _ _ _ _ FWY o _ N80°07'18"E R=32000.00' 0=00°54'17" L=505.34' N81°01'36"E L; N8°58'44'W 0', o u,, 1 R=25.00' d o o,of SEGMENT 4 N' a O A=18°41'55" SEGMENT i O 0-38°00,10" O A-330118 03„ v m, c ,N M, L=8.16' v L=10.05' L=8.72' O ,N, ,t' ,O Zi7 �, O �, N i� i N S30° 35' S 1 "E LL..1...J L I (i LLW 11.. LIJ LLLL1 LLLLI LLLLI LJ_...L_...I L.1 U I I I I LLLL...I L... J I LLL- J LLLLJ LLL7......1 LWJ LJ......L1J LL11J W_LI 1111J 1 L- LI ILL1__7 LLL.J I I I I L-LLJ 11LLI L...L...LJJ IJ_J_I F F-LLJ ro i00 10.61' '`� R=31905.46' 0°52'36" L=488.20' N81°01'36"E 1783.24' �-m- M N 2' R-31905.46' 0=0°52'16 yL=485.18' 1746.27' 1043.84' 150%65 R=31894.47' ZN=0°44' 39" L=414.22' DALEWOOD ST e r �L N80 07' 10"E G P g. R=655. �T IFrTT IT.TTL.T�0 o W LOT B L 134'1j, o° So S79 2 5 W 193 22 S 4.00, N8 q3.6 �S� 8S � �� 334.E 1 116.86 230.88' 79°2 '05 S8 3 / b ° 6 114.48 FOOTING '0 81°12'19"W � N79°39'26"E 20' EASE. 3 1S'57.. �\ � A 4g ��'p0 / / S 22 93' 26.73' F Io F 28.47' G W / % 1 9 p of 28 27 / J S' Y LINE OF O . z N O.RW'LY:D6442LINE �432 �O1 D / rap: iy �oa1 a c�� R=12a.0 R.:2013060 675 �_ �o Z / ALLEY o 6 9� 2 h'=22A6' S / i C �,13 �7 ^ 0 L. p9 L=49.16' 17 0� / 39 N%2o2 9 10T- N51 �02' 51 "IN � c1 0.� � �Q 3 pr s �� N4z°33' `'�� �P s� �D > v�F T CT NO. 1 211 3r"ry ��.�, 34. o ' � ��j / ss� �S M.B. 270-1 4 CALIFORNIA STATE TRANSPORTATION AGENCY / O � N17�46 11 °E / % 21 // / SS P p 7� 6 O ���F DEPARTMENT OF TRANSPORTATION C9��� v� ° PROPOSED RELINQUISHMENT ��P�o o / ss�f F� S6 7 T yo / ' / '° " 0 50 [Do 150 200 �� �ti �� ° FEET S83° 39' 08"W 28.30' \l�Ile AREA TO BE RELINQUISHED �� �j �� © S51 ° 1 8' 51 "E 60.00' ACCESS PROHIBITED F S38°41'09"W 59.88' PREVIOUS ACCESS PROHIBITED �� � �p N08°58'44'W 61.15' BEARINGS AND DISTANCES SHOWN HEREON ARE 6' N08°58'24"W 53.32' DR'N BY ST R/W MAP NO. F1860 BASED UPON THE CALIFORNIA COORDINATE SYSTEM, S81°01'36°W 30.00' C'LC BY ST CONTRACT NO. ZONE 5, NORTH AMERICAN DATUM (NAD) OF 1983 ALL DISTANCES ARE GRID. TO OBTAIN GROUND DISTANCES / © N08°58'24'W 18.92' DIVIDE GRID DISTANCE BY COMBINATION FACTOR 0.9999723 HO N08°58'24'W 54.40' C'K'D BY REVISED REHM �Hmff7 18 19 20 N81°01'36"W 192.05' BEARINGS AND DISTANCES SHOWN HEREON ARE BASED UPON THE CALIFORNIA COORDINATE SYSTEM, /' \\ ZONE 5, NORTH AMERICAN DATUM (NAD) OF 1983 42 / P`\ ALL DISTANCES ARE GRID. TO OBTAIN GROUND DISTANCES / \ DIVIDE GRID DISTANCE BY COMBINATION FACTOR 0.9999723 \ / / \ TRACT NO. IIIII iI 718 13211 20' 0 /M,B. ' 17� -\1 `7 21 \ \ N'LY` \ LINE INE OF � \\ y \ r /O.R.:20101740417 by 81°01'36"W 506.66' E'36"E//pia 72'///////GARVEY/AVE e d TRACT NO. ti T '9r os, N38°39'51"E F N38°39'51"E ��43 28.07' _ __ S 27.31' POR / R-37.22' A=48°47' N79°52' 'E L=31.69' R=6o34.67' 4 .04' A=1 08' 45" L=130.68' R=27.49' 6=131°13' / R=6561.67' m L=62.96' N79'522'! ............... !" -" N81°01'36"E 718.72' TT TTTT TTTT TTTF TTTT TTTT ,T TF TI-..I..T TTT 1 ZT -F TTTT -71 TT TTI F TTTF 1T T T 1 T7 TT� TTT7 rn v *i R=6576.28' ,=1'08'45" 4: L=134.05' RTE. V� Ni i1n .1...... I I _L_L_L-L ( I I I -L L_(_L 1_L_L-L 1J-L-L _i_L11L 11U--L _ 1'01',36"E //%/////7 N82°2 TRACT NO. 1321 M a B. 270 141 39 N82°02'09" 15.58' SE'LY LINE OF O.R.:39189-368 'W SEGMENT i L L-L-L _TJ -1 -T A-LI-1 -1 1 1 1 ..,.o 1746 27'/ DALEW00 S81°01'36"W 733.05' TRACT NO. 718 FILED FOR RECORD IN STATE HIGHWAY MAP BOOK NO. DATE: AT PAGE RECORDERS INDEX NO. RECORDS OF COUNTY NOTE: States rights are not extinguished or transfer of title is not effected until recordation of related CTC resolution. (In compliance with Sections 128 & 129 of the STREETS & HIGHWAYS Code) / / / / / 718 43 / FOR / M.B. 17-17 / o,IW//SEGMENT 3 / N / N79°52'51"E 487.67' ' E �Y691.44!���������G A R V E Y A V 9 POR TRACT NO. 11007 M.B. 193-22/23 WILY LINE OF O.R.:20081156506 a8% �F 2 d /'s3 0" R=251.87' 8 p 9 `So,, A=9° 6 1 4 iy L=40.00' =gob, 1 6, 09 9" /' L=40.00' �� ? / N79°52'51"E 738.62' _.F�F -FFF.r -F T1- TTTF .FTTF TT.T.T T- T. TTTT FT _LTA .M- Tl. (.T TTTT .r.rF. -T�I- I -FT-TT TT.r. R=1637.46' ,=2'0112" !m L=57.73' 10 FWY LO o J LLJ J LLL .LW_ -1-1-L 1_ J-LL.L J LLL I I I I LAJ-L _LL-t.L I I L-L 24 S'LY LINE OF O.R.:20110881150 M.B. 17-17 DA S41°29'02"W 18.67' © S46°01'28"W 60.00' © S41°29'02"W 50.19' �D S38°40'29"W 60.00' �E R=183.00' A=2°24'52" L=7.71' drq� 08.3 69 . 9 •. a R=243.00' N A=12°30'58" L=53.08' T1 L.T.. TTTT LT -1 TTTT J- T I T- T TTTT I....FTT TTTT T rT TTT S81°01'36"W 78 179.40' S85°54'21" W 2Za , R=243.00' A=07°05'10" P.M. 206-28/29 L=30.05' CURVE DATA TABLE NO. RADIUS DELTA LENGTH 2 C1 15.00' 88°43'40' 23.23' O C2 15.00' 38°22'10" 10.05' C3 15.00' 33018'03" 8.72' > C4 31,867.47' 0°12'09" 112.61' w C5 25.00' 18°41'55" 8.16' o U I U m C9 00 I LL_ n a N O LL LLJ > n w C Z O Q w I iI Ii I ~ Q Z 0 z 0 r m O LL Z 0 N W Z c o 0I PARCEL# a m 79176-1 79176-2 n o m 79806 1 0 0 'o m 79806 2 2 '- ^ o _ _04927_t w w w of 00427-2 0 00427-3 980097-1 4J 980097-2 00431-1 ~ 00431-2 1 79179-01-01 a i 1 980591-01-01 w a a. 980592-01-01 =- 980097-01-01 LINE DATA TABLE NO. BEARING DISTANCE u 536°01'34"W 21.21' L2 N38°38'26"E 21.87' 1-3 S53°58'23"E 21.21' "r R=32,000.00' 1=0°51'17" L=505.29' q— 3 4 --F Ll - 'r R=31 ,905.46' L ---'�� R=31,894.47'=0°44'39" L '.79176-179173-] 79173 2' R 31,876.00'p 0°15'49' L 146.64' 4 57 e /11-1, �ti' 'so y�,a 54 5 53 6 / TRACT No, 14056 8 NOTE: The State of California or its officers or agents shall not be responsible for the accuracy or completeness of digital images of this map. CITY OF BA LD 17 IN PAIR 1 846 570.54 6,564,686.64 67 + ROUTE 10 -� N81°01'36"E 8,694.21' a - e y 2 3 5 m a N81'0101'3'36'E 1, 83.24' -t-� UNAl (vrc NU (na rvv ( ca STATE OF CALIFORNIA Ot Areas shown eaci,de underlying Coo, -d nated and bearings are an... BUSINESS, TRANSPORTATION AND HOUSING AGENCY e n the adjoining public way. e Ac=acres I I Indicates Underlying Fee (UF) Area 1983(1991.35) Lone 5. Distance s and stationing are grid distances. Dlu(ds by 0.9999123 to ob1a(n DEPARTMENT OF"IRANSPOIiIA'CION AREAS (square feet or as noted) RECORDATION GRANTOR/GRANTEE REMARKS [Y] Indicated Indeterminate uF ground distances. RIGHT OF WAY TOTAL REQUIRED 10 [UFI EXCESS 10 CUF] REMAINDER TYPE 30 DATE DOC.# D 02 TITLE ODES: A -Access Rights only E easemenr(Eose) TCE Temp Construct on Ease T other T— Ease see Remarks o other (see Remarks) ) All distances are n feet unless otherwise noted. RECORD M A P MAP NO. F-1860C-4C 'E OF CALIFORNIA 5354 3636 1718 _ 'E OF CALIFORNIA 5354 317 EXPIRES 10-01-2014 - - GABRIEL.WATER CO. 23848 2751 21097 GO 04-23-13 201306086751 GABRIEL''WATER_C6i____ _ _ 13548 _ ___ _ 569_ ___ __ _ _ _ _._ _ _ __ _ _ __ EXPIRES 10-07 20i4 __ . _ _ ____ :� GDm_ _� _04 23-..13 _ __.201.30608675 _ LEGEND E OF CALIFORNIA .., 20233 _ 12956 7275 - _ _ " - 03 TVPF° FOR PREVIOUS R/W INFORMATION SEE nccess Prohibited `E OF CALIFORNIA 20233 136� EXPIRES 10-01-2014 - _ GD Grant deed ED Easement .... ++++Access Superseded MAP(S) F-1860, F-1860-6A 'E OF CALIFORNIA 20233 1240 EXPIRES 10-01-2014 - - deed Dc .O + im ---Existing Riw superseded E OF CALIFORNIA 5900 1966 3934 - - Do D eo+o-'d easem ■ Access Opening (Pr Hate) E OF CALIFORNIA 5900 630 �34889 EXPIRES 10-01-2014 — DE Drector's ent deed D D ector s gn'taa m deed IOC F'nal Ordor o= Condemnation nE Nlghwoy eosemeri deed REL Relinquishment VACV cation JUA 11 nt ude agreement CCUA consent to common use (R) Indicates Radial Fearing Indicates Found Monument as noted o �ndiooted oomw otea not im I point. (Does imply mo,u dent set) O T'+Ie to sate FEET 0 25 50 100 150 TO DESIGN: 4/26/10 EA(B): 24540 FA#: 'E OF CALIFORNIA 38709 3820 'E OF CALIFORNIA 38709 1868 EXPIRES 10-01-2014 - - DISTRICT COUNTY ROUTE SHEET PM SHEET NO.TOTAL SHEETS - - 07 LA 10 31.7 4 4 _______. _______. agreement O Requ red for Others Document or Instrument number ITEM NO. 7 F 'v 1• TO: Honorable Mayor and Members of the City Council �r HUB,0F THEE' FROM: Sam Gutierrez, Director of Public Works SAN GABRIEL10 DATE: April 5, 2023 L� EY �,,,�' may _' QJAN„PSUBJECT: Approve Renewal of a Memorandum of Agreement (MOA) with the County of Los Angeles Regarding the Administration and Cost Sharing for Implementing the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Watershed SUMMARY This item will authorize the Chief Executive Officer to execute a Memorandum of Agreement (MOA) with the County of Los Angeles for the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Enhanced Watershed Management Program (EWMP). The current MOA is set to expire in June 2023. RECOMMENDATION It is recommended that the City Council Authorize the Chief Executive Officer to execute a Memorandum of Agreement (MOA) with the County of Los Angeles for the administration and cost sharing for the implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Enhanced Watershed Management Program (EWMP). FISCAL IMPACT There is no impact to the General Fund. The City's share of the cost inclusive of contingency is anticipated to cost the City approximately $202,393 for required services and an additional $101,290 should the City procure optional services. The total cost of services is estimated to be $303,683 and would be paid over a four-year period based on a formula that accounts for the percentage of the City's jurisdictional land area within the watershed. The projected yearly cost breakdown is shown in the matrix below. Fiscal Year Proposed Services Proposed Optional Services Proposed Total Costs FY 23-24 $44,884 $27,952 $72,836 FY 24-25 $46,334 $21,904 $68,238 FY 25-26 $48,158 $21,713 $69,871 FY 26-27 $44,617 $20,513 $65,130 Contingency 10% $18,399 $9,208 $27,607 Total $202,393 $101,290 $303,683 The funds to cover the costs associated with the renewal of the MOA will be included in the operation budget for FY 23-24 under Acct No. 249-50-510-51100-15400. This is an existing account number currently being used for the current iteration of the MOA, which is set to expire in June 2023. Moving forward, staff will continue to budget the remaining years in the appropriate Fiscal Year's operations budget. Page 1 / 3 BACKGROUND On November 8, 2012, the Regional Board adopted the National Pollution Discharge Elimination System (NPDES) Permit through Order No R4-2012-0175 also known as the LA County MS4 Permit. The Permit contains strict compliance requirements for cities and counties to ensure that minimum water quality standards for stormwater runoff are being met. On July 15, 2015, the City Council authorized the Chief Executive Officer to execute the Memorandum of Agreement (MOA) between the Los Angeles County Department of Public Works (County), Los Angeles County Flood Control District (LACFCD), and Cities of Baldwin Park, Covina, Glendora, Industry, La Puente, and South El Monte (Member Agencies) regarding the administration and cost sharing for implementing the Coordinated Integrated Monitoring Program (GIMP) for the Upper San Gabriel River (USGR) Watershed. On September 20, 2017, the First Amendment to the MOA to incorporate the participation of the City of West Covina, apply minor corrections to the cost -sharing formula, and incorporate cost sharing contributions from the cities of El Monte, Irwindale, La Habra Heights, and Walnut (Individual Cities). On September 4, 2019, the City Council approved an MOA with the County of Los Angeles for the for the Implementation of the Coordinated Integrated Monitoring Program (CIMP) for the Upper San Gabriel River Enhanced Watershed Management Program which is set to expire in June 2023. DISCUSSION As a method of complying with the new permit requirements, several cities in the Upper San Gabriel River Watershed Area, as well as Los Angeles County came together to jointly prepare the necessary plans to comply with the Permit. With Los Angeles County as the lead agency, the Upper San Gabriel River Enhanced Watershed Management Program Group ("Watershed Group") was formed. Member cities of the group, in addition to Baldwin Park, include La Puente, Covina, Glendora, Industry and West Covina. The Los Angeles County Flood Control District (LACFCD) is also a member of the group. The group was formed to share resources and costs in the development of an EWMP and CIMP to comply with the Permit. This MOA will continue developing the EWMP which identifies the City's plan to prohibit non -storm water discharges that flow through the storm drain system as required by the Regional Water Quality Control Board, Los Angeles Region. The proposed required services include the following: • Monitoring of the receiving water and stormwater outfall. • Monitoring and screening of the non-stormwater. • Evaluation and revision of the Coordinated Integrated Monitoring Program (CIMP). • Reporting, meeting and project management of the program. • Monitoring for wet weather events. The proposed optional services include the following: A Total Maximum Daily Load (TMDL) receiving water and stormwater monitoring including additional monitoring requirements based on aquatic toxicity results, installing new or moving monitoring sites, and as -needed maintenance of the monitoring equipment. A new monitoring and screening of the non-stormwater if required by the new MS4 Permit. Page 2/3 • Evaluation and revision of the Coordinated Integrated Monitoring Program (CIMP). • Prepare annual reports based on outfall monitoring results. • Project administration. City Staff and consultant have reviewed the MOA and recommend that the City Council approve it to ensure a smooth transition of services upon expiration of the current MOA. ALTERNATIVES Council may choose to not to participate in the CIMP. However, in order to avoid fines of up to $25,000 per day, the City would have to develop and implement and an approved water quality monitoring program on its own. The costs of this solo effort would exceed the cost of participation in the CIMP. CEQA REVIEW Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. MCA for the administration and cost sharing for implementing the Coordinated Integrated Monitoring Program for the Upper San Gabriel River Watershed. Page 3/3 MEMORANDUM OF AGREEMENT BETWEEN THE COUNTY OF LOS ANGELES, THE LOS ANGELES COUNTY FLOOD CONTROL DISTRICT AND THE CITIES OF BALDWIN PARK, COVINA, GLENDORA, INDUSTRY, LA PUENTE, SOUTH EL MONTE, AND WEST COVINA REGARDING THE ADMINISTRATION AND COST SHARING FOR IMPLEMENTINGTHE COORDINATED INTEGRATED MONITORING PROGRAM FOR THE UPPER SAN GABRIEL RIVER WATERSHED This Memorandum of Agreement ("MOA") is made and entered as of the date of the last signature set forth below by and among the COUNTY OF LOS ANGELES ("COUNTY"), a political subdivision of the State of California, the LOS ANGELES COUNTY FLOOD CONTROL DISTRICT ("LACFCD"), a body corporate and politic, and the CITIES OF BALDWIN PARK, COVINA, GLENDORA, INDUSTRY, LA PUENTE, SOUTH EL MONTE, and WEST COVINA ("CITIES"), municipal corporations. Collectively, these entities shall be known herein as PARTIES or individually as PARTY. WITNESSETH WHEREAS, the Regional Water Quality Control Board, Los Angeles Region (REGIONAL BOARD) adopted National Pollutant Discharge Elimination System (NPDES) Municipal Separate Storm Sewer System Permit (2012 MS4 Permit) Order No. R4-2012- 0175; and WHEREAS, the 2012 MS4 Permit became effective on December 28, 2012, and requires that the COUNTY, the LACFCD, and 84 of the 88 cities (excluding Avalon, Long Beach, Palmdale, and Lancaster) within the Los Angeles County comply with the prescribed elements of the MS4 Permit; and WHEREAS, the REGIONAL BOARD adopted a new NPDES Municipal Separate Storm Sewer System Permit (2021 MS4 Permit) Order No. R4-2021-0105 , which became effective on September 11, 2021, and continues to impose compliance requirements; and WHEREAS, the 2021 MS4 Permit identified the PARTIES as MS4 permittees that are responsible for compliance with theMS4 Permit requirements pertaining to the San Gabriel River Watershed Management Area; and WHEREAS, the COUNTY, the LACFCD, and the Cities of Baldwin Park, Covina, Glendora, Industry, La Puente, and South El Monte collectively known as the ORIGINAL AGENCIES, entered into a memorandum of understanding on October 24, 2013 to collaborate in the development of a Coordinated Integrated Monitoring Program ("CIMP DEVELOPMENT MOU"); and WHEREAS, the Coordinated Integrated Monitoring Program (CIMP) was submitted to REGIONAL BOARD on June 30, 2014 and was conditionally approved on June 19, 2015; and USGR CIMP MOU (2023) Page 1 of 29 WHEREAS, the ORIGINAL AGENCIES executed a memorandum of understanding on August 11, 2015 to cooperatively administer and share the estimated costs of implementing the CIMP ("COST -SHARING MOU NO. 1"); and WHEREAS, the Final CIMP was approved by the REGIONAL BOARD on November 13, 2015; and WHEREAS, the ORIGINAL AGENCIES executed an amendment to the COST - SHARING MOU NO. 1 on September 28, 2017, to acknowledge and incorporate the City of West Covina's participation in the CIMP and include it as a party; and WHEREAS, COST -SHARING MOU NO. 1 expired on December 31, 2019. WHEREAS, the PARTIES propose to continue to cooperatively administer and share the estimated costs of implementing the CIMP; and WHEREAS, the PARTIES executed a memorandum of agreement on November 13, 2019, regarding the administration and cost sharing for implementing the CIMP for the Upper San Gabriel River Watershed ("COST -SHARING MOU NO. 2"); and WHEREAS, COST -SHARING MOU NO. 2 will expire on December 31, 2023 WHEREAS, the PARTIES propose to hire consultants ("CONSULTANTS") as set forth in Section 7(a), below, to implement certain requirements of the CIMP and 2021 MS4 Permit, which for purposes of this MOA may also include the preparation of reports required by the CIMP and 2021 MS4 Permit and any necessary revisions to the CIMP in compliance with the 2021 MS4 Permit; and WHEREAS, the PARTIES have determined that hiring CONSULTANTS to implement certain requirements of the CIMP and 2021 MS4 Permit will be beneficial to the PARTIES and have collaboratively prepared the scope of work ("Scope of Work") for the CONSULTANTS which is attached hereto as Exhibit C and incorporated into this MOA by reference; and WHEREAS, the COUNTY intends to enter into separate memoranda of agreements with the cities of El Monte, Irwindale, La Habra Heights, and Walnut (collectively, "INDIVIDUAL CITIES") to share the costs of monitoring receiving waters as described in the CIMP; and WHEREAS, the cost -share formula for the INDIVIDUAL CITIES is the greater of the percentage of land area in the Upper San Gabriel River Watershed multiplied by the cost of receiving water monitoring plus report preparation, or $8,000.00 per annum for FY 23-24 through FY 26-27, inclusive; and USGR CIMP MOU (2023) Page 2 of 29 WHEREAS, this MOA shall incorporate the annual contributions from the INDIVIDUAL CITIES and use these funds to offset the annual contributions from the PARTIES; and NOW, THEREFORE, in consideration of the mutual benefits to be derived by the PARTIES, and of the promises contained in this MOA, the PARTIES agree as follows: Section 1. Recitals. The recitals set forth above are incorporated into this MOA. Section 2. Purpose. The purpose of this MOA is to cooperatively administer and fund the implementation of certain requirements of the CIMP and 2021 MS4 Permit, and to coordinate the payment and performance of the monitoring and reporting services. Section 3. Cooperation. The PARTIES shall fully cooperate with one another to attain the purposes of this MOA. Section 4. Voluntary. This MOA is voluntarily entered into for the implementation of certain requirements of the CIMP and 2021 MS4 Permit. Section 5. Term. This MOA shall become effective on the last date of execution by a PARTY, and shall remain in effect until (1) COUNTY has provided the PARTIES with an accounting as set forth in Section 7(f) and the PARTIES have paid all outstanding invoices, or (2) December 31, 2027, whichever comes last. Section 6. Cost -Sharing a. Continuation of Monitoring. Each PARTY, by executing this MOA, expressly agrees that all costs to be shared hereunder shall begin to accrue on July 1, 2023. b. The PARTIES shall collectively fund the costs of complying with the requirements of the CIMP and 2021 MS4 Permit as shown in Tables 1a and 1b, of Exhibit A which include a five percent (5%) program project administration cost payable to the COUNTY, up to a maximum amount of $5,338,541 for 4 years. The costs shown in Table 1 a include the offset from four (4) cities purchasing receiving water monitoring data collected under this MOA. c. The LACFCD's contribution shall be credited for conducting the 4th wet weather monitoring event at the Mass Emissions Station on behalf of the Group, as shown in Tables 3 and 4a of Exhibit A. Every other PARTY's contribution shall be based on the cost allocation formula contained in Table 2a and 2b of Exhibit A of this MOA. d. If actual costs exceed the cost estimates contained in Tables 1 a and 1 b of Exhibit A, the PARTIES may elect to contribute an additional amount, not to exceed ten percent (10%) of their respective contributions, as shown in Tables 4a and 4b of Exhibit A. USGR CIMP MOU (2023) Page 3 of 29 Section 7. COUNTY agrees: a. Consultant Services. To retain a CONSULTANT to perform the Scope of Work, and any work arising from any subsequent changes to the CIMP as agreed upon by the PARTIES and approved by the REGIONAL BOARD. COUNTY will comply with all procurement requirements applicable to said selection. b. Invoice. To invoice the PARTIES in amounts not exceeding the invoice amounts shown in Tables 4a and 4b of Exhibit A. Optional services in Table 4b will be invoiced separately should these services become required based on program needs. The annual payments for the period of July 1 through June 30 will be invoiced in July of that year, except for the first invoice, which will be issued upon the execution of this MOA by all PARTIES. At the end of each fiscal year, any unused funds will be rolled over and used towards the PARTIES' contributions in future years, and the outstanding invoice amounts set forth in Tables 4a and 4b of Exhibit A for future years will be reduced accordingly. c. Expenditure. To utilize the funds deposited by the PARTIES only for the purposes authorized by this MOA. COUNTY will provide an accounting of funds expended and remaining at the end of each fiscal year. d. Contingency. To notify the PARTIES if actual costs are anticipated to exceed the cost estimates contained in Tables la and lb of Exhibit A and obtain written approval of such additional costs from all PARTIES. Upon approval, the PARTIES agree to reimburse COUNTY for their proportional share of these additional costs at an amount not to exceed 10 percent of the original cost estimate as shown in Tables 4a and 4b of Exhibit A. This contingency amount will not be invoiced, unless actual expenditures exceed the original cost estimate. e. Report. To submit reports to the REGIONAL BOARD as described in the CIMP and distribute copies of the reports to the PARTIES prior to submittal to the REGIONAL BOARD for review and comment. COUNTY will provide the PARTIES with an electronic copy of the completed CIMP Annual Report within 7 business days after receipt from the CONSULTANT. In addition, COUNTY will submit to the PARTIES the data used to prepare the reports. No report shall be submitted to the REGIONAL BOARD unless and until it has been approved, in writing, for submittal by all PARTIES, excepting a PARTY or PARTIES whose involvement in this MOA has been terminated or who fails to respond to requests for approval. This data will be transmitted electronically in a format that contains the table structure and syntax agreed upon by the PARTIES, e.g., California Environmental Data Exchange Network format. Termination or Expiration. To provide an accounting within 90 days of the termination or expiration of this MOA, and to return any unused funds deposited with the COUNTY within 180 days of said termination or expiration, in accordance USGR CIMP MOU (2023) Page 4 of 29 with the cost allocation formulas set forth in Exhibit A Tables 2a and 2b. Subject to agreement by the COUNTY, any funds which are to be reimbursed to a PARTY may be reimbursed through credits towards future invoices and agreements, if requested in writing by that PARTY. g. Permit. To work with the CONSULTANT to obtain all necessary permits for the installation, operation and maintenance of monitoring equipment within storm drains, channels, catch basins, and similar properties (FACILITIES) during monitoring events and maintenance. Section 8. The LACFCD agrees: a. Mass Emission Stations Monitoring. To conduct monitoring at the existing mass emission stations owned and operated by the LACFCD in accordance with the CIMP, but limited to water column chemistry and aquatic toxicity. The LACFCD will conduct monitoring for the first two dry weather events and three wet weather events at no cost to the other PARTIES or their CONSULTANTS. b. Additional Monitoring at LACFCD Mass Emission Stations. To coordinate with COUNTY for any additional monitoring required by the CIMP at its existing mass emission stations beyond two dry weather events and three wet weather events. The actual cost of such additional monitoring, not to exceed $6,000 per additional event, will be deducted from LACFCD's monetary contribution. c. Monitoring Results. To provide monitoring results for the CONSULTANT to conduct analyses and include in all required CIMP reporting. d. Access. To grant permits for construction or installation of monitoring equipment in LACFCD-owned FACILITIES and for access over LACFCD right of way to operate and maintain the monitoring equipment. Permits for the construction or installation of monitoring equipment will be subject to applicable permit fees, however, access permits shall be granted at no cost to the permittee. Section 9. The PARTIES further agree: a. Payment. To pay the COUNTY each PARTYS respective invoice amounts as shown in Tables 4a and 4b of Exhibit A, within sixty (60) days of receipt of the invoice from the COUNTY. Optional services in Table 4b will be invoiced separately should these services become required based on program needs. The cost estimates presented in Exhibit A are subject to change based on modifications to the CIMP pursuant to new REGIONAL BOARD requirements and/or unforeseen conditions in the field. Any changes proposed to the PARTIES' contribution amounts will require written agreement of the PARTIES. b. Documentation. To make a good -faith effort to cooperate with one another to achieve the purposes of this MOA by providing all requested information and USGR CIMP MOU (2023) Page 5 of 29 documentation in their possession and available for release to the COUNTY and CONSULTANT, that is deemed necessary to perform the Scope of Work or other activities contemplated by this MOA. c. Access. Each PARTY will allow reasonable access and entry by the COUNTY and CONSULTANT, on an as needed basis during the term of this MOA, to each PARTY'S FACILITIES, as necessary to perform the Scope of Work or other activities contemplated by this MOA, provided, however, that prior to entering any of the PARTY'S FACILITIES, the COUNTY and CONSULTANT shall obtain all necessary permits and provide written notice as required by those permits. The PARTIES agree that the COUNTY shall have the authority to obtain permits, on behalf of all PARTIES, for the use of FACILITIES and right of way of the LACFCID as necessary for the implementation of the Scope of Work or other activities contemplated by this MOA. d. Permit. Each PARTY will work with the COUNTY and CONSULTANT to obtain all necessary permits for the construction or installation of monitoring equipment, and for access over right of way to operate and maintain the monitoring equipment, within each PARTY'S jurisdiction. e. Additional Participants. The PARTIES agree that if any other entity wishes to participate and cost share any element of the CIMP, COUNTY will enter into a separate MOA with that entity and will reduce the PARTIES' future invoice amount(s) based on the cost share formula contained in Table 4 of Exhibit A of this MOA. Section 10. Indemnification: a. Each PARTY shall indemnify, defend, and hold harmless each other PARTY, including its special districts, elected and appointed officers, employees, agents, attorneys, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including reasonable attorney's and expert witness fees), arising from or connected with, and in relative proportion to, its own negligence or willful misconduct under this MOA; provided, however, that no PARTY shall indemnify another PARTY for said other' PARTY's own negligence or willful misconduct. b. If any of PARTY pays in excess of its pro rata share in satisfaction of any liability arising out of the implementation of the CIMP, such PARTY shall be entitled to contribution from each of the other PARTIES; provided, however, that the right of contribution is limited to the amount paid in excess of the PARTY's pro rata share and provided further that no PARTY may be compelled to make contribution beyond its own pro rata share of the entire liability; and provided that no PARTY shall indemnify another PARTY for that PARTY 's own negligence or willful misconduct. USGR CIMP MOU (2023) Page 6 of 29 c. The PARTIESagree that any liability borne by or imposed upon any PARTY or PARTIES hereto as a result of this MOA that is not caused by or attributable to the negligence or willful misconduct of any PARTY shall be fully borne by all the PARTIES in accordance with their pro rata cost share, as set forth in CIMP MOA. d. To the maximum extent permitted by law, the COUNTY shall require the CONSULTANTS retained pursuant to this MOA to agree to indemnify, defend, and hold harmless each PARTY, its special districts, elected and appointed officers, employees, attorneys, agents, and designated volunteers from and against any and all liability, including, but not limited to demands, claims, actions, fees, costs, and expenses (including attorney and expert fees), arising from or connected with the CONSULTANTS performance of its agreement with the COUNTY. In addition, the COUNTY shall require the CONSULTANTS to carry, maintain, and keep in full force and effect an insurance policy or policies, and each PARTY, its elected and appointed officers, employees, attorneys, agents and designated volunteers shall be named as additional insureds on the policy(ies) with respect to liabilities arising out of the CONSULTANT' work. These requirements will also apply to any subcontractors hired by the CONSULTANTS. Section 11. Termination and Withdrawal: This MOA may be terminated upon the express written agreement of all PARTIES. If this MOA is terminated, then all PARTIES must agree on the date of termination, tasks to be completed prior to termination, payment of invoices due at the time of termination, and equitable redistribution of remaining funds deposited, if there are any. In the event of termination, each PARTY shall also be responsible for the payment of its own fines, penalties or costs incurred as a result of the non- performance of the CIMP. Completed work shall be owned by the PARTY or PARTIES who fund the completion of such work. Rights to uncompleted work by the CONSULTANT still under contract will be held by the PARTY or PARTIES who fund the completion of such work. 2. If a PARTY fails to substantially comply with any of the terms or conditions of this MOA, then that PARTY shall forfeit its rights to work completed through this MOA, but no such forfeiture shall occur unless and until the defaulting PARTY has first been given notice of its default and a reasonable opportunity to cure the alleged default. 3. The COUNTY shall notify all PARTIES in writing of any PARTY failing to cure an alleged default in compliance with the terms or conditions of this MOA. The non - delinquent PARTIES will determine the next course of action. If the default involves cost -shares and payment of invoices, the remaining cost will be distributed based on the existing cost allocation formula in Exhibit A. If the increase is more than the 10 percent contingency, an amendment to this MOA must be executed to reflect the change in the PARTIES' cost share. USGR CIMP MOU (2023) Page 7 of 29 4. If a PARTY wishes to withdraw from this MOA for any reason, that PARTY must give the other PARTIES and the REGIONAL BOARD prior written notice thereof. The withdrawing PARTY shall be responsible for its share of the costs through the end of the current monitoring year (July 1 through June 30), including costs for reporting of data and results. The effective date of withdrawal shall be the 6th day after COUNTY receives written notice of the PARTY'S intent to withdraw. Should any PARTY withdraw from this MOA, the remaining PARTIES' cost share allocation shall be adjusted in accordance with the cost allocation formula in Exhibit A. Section 12. General Provisions a. Notices. Any notices, bills, invoices, or reports relating to this MOA, and any request, demand, statement, or other communication required or permitted hereunder shall be in writing and shall be delivered to the representatives of the PARTIES at the addresses set forth in Exhibit B attached hereto and incorporated herein by reference. The PARTIES shall promptly notify each other of any change of contact information, including personnel changes, provided in Exhibit B. Written notice shall include notice delivered via e-mail or fax. A notice shall be deemed to have been received on (a) the date of delivery, if delivered by hand during regular business hours, or by confirmed facsimile or by e-mail; or (b) on the third (3rd) business day following mailing by registered or certified mail (return receipt requested) to the addresses set forth in Exhibit B. b. Administration. For the purposes of this MOA, the PARTIES hereby designate as their respective PARTY representatives the persons named in Exhibit B. The designated PARTY representatives, or their respective designees, shall administer the terms and conditions of this MOA on behalf of their respective PARTY. Each of the persons signing below on behalf of a PARTY represents and warrants that he or she is authorized to sign this MOA on behalf of such PARTY. c. Relationship of the PARTIES. The PARTIES are, and shall at all times remain as to each other, wholly independent entities. No PARTY to this MOA shall have power to incur any debt, obligation, or liability on behalf of any other PARTY unless expressly provided to the contrary by this MOA. No employee, agent, or officer of a PARTY shall be deemed for any purpose whatsoever to be an agent, employee, or officer of another PARTY. d. Binding Effect. This MOA shall be binding upon, and shall be to the benefit of the respective successors, heirs, and assigns of each PARTY; provided, however, no PARTY may assign its respective rights or obligations under this MOA without prior written consent of the other PARTIES. e. Amendment. The terms and provisions of this MOA may not be amended, modified, or waived, except by an instrument in writing signed by all non -delinquent USGR CIMP MOU (2023) Page 8 of 29 PARTIES. For purposes of this MOA, a PARTY shall be considered delinquent if that PARTY fails to timely pay an invoice as required by Section 9(a) or withdraws pursuant to Section 11(d). Law to Govern. This MOA is governed by, interpreted under, and construed and enforced in accordance with the laws of the State of California. g. Severability. If any provision of this MOA shall be determined by any court to be invalid, illegal, or unenforceable to any extent, then the remainder of this MOA shall not be affected, and this MOA shall be construed as if the invalid, illegal, or unenforceable provision had never been contained in this MOA. h. Entire Agreement. This MOA constitutes the entire agreement of the PARTIES with respect to the subject matter hereof. i. Waiver. Waiver by any PARTY to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. Waiver by any PARTY to any breach of the provisions of this MOA shall not constitute a waiver of any other provision, nor a waiver of any subsequent breach or violation of any provision of this MOA. j. Counterparts. This MOA may be executed in any number of counterparts, each of which shall be an original, but all of which taken together shall constitute one and the same instrument, provided, however, that such counterparts shall have been delivered to all PARTIES to this MOA. All PARTIES have been represented by counsel in the preparation and negotiation of this MOA. Accordingly, this MOA shall be construed according to its fair language. Any ambiguities shall be resolved in a collaborative manner by the PARTIES and shall be rectified by amending this MOA as described in section 11(e). IN WITNESS WHEREOF, the PARTIES hereto have caused this MOA to be executed by their duly authorized representatives and affixed as of the date of signature of the PARTIES: USGR CIMP MOU (2023) Page 9 of 29 USGR CIMP MOU (2023) Page 10 of 29 COUNTY OF LOS ANGELES MARK PESTRELLA Director of Public Works APPROVED AS TO FORM: DAWYN R. HARRISON Interim County Counsel Deputy Date Date USGR CIMP MOU (2023) Page 11 of 29 LOS ANGELES COUNTY FLOOD CONTROL DISTRICT MARK PESTRELLA Chief Engineer APPROVED AS TO FORM: Dawyn R. Harrison Interim County Counsel Deputy Date Date USGR CIMP MOU (2023) Page 12 of 29 CITY OF BALDWIN PARK Im Enrique C. Zaldivar, P. E. Chief Executive Officer APPROVED AS TO CONTENT: 90 Sam Gutierrez Director of Public Works APPROVED AS TO FORM: as Marco A. Martinez City Attorney Date USGR CIMP MOU (2023) Page 13 of 29 CITY OF COVINA Im Brian Saeki City Manager APPROVED AS TO CONTENT: Is Christopher Marcarello, Director of Public Works APPROVED AS TO FORM: Is Candice L. Lee City Attorney Date USGR CIMP MOU (2023) Page 14 of 29 CITY OF GLENDORA Im Adam Raymond City Manager APPROVED AS TO CONTENT: :0 Alison Sweet Public Works Director APPROVED AS TO FORM: D.D. Wayne Leech City Attorney Date USGR CIMP MOU (2023) Page 15 of 29 CITY OF INDUSTRY Im Cory C. Moss Mayor ATTEST: Z Julie Gutierrez -Robles Deputy City Clerk APPROVED AS TO FORM: :0 James M. Casso City Attorney Date USGR CIMP MOU (2023) Page 16 of 29 CITY OF LA PUENTE Im Bob Lindsey City Manager ATTEST: Z Sheryl Garcia City Clerk APPROVED AS TO FORM: :0 James M. Casso City Attorney Date USGR CIMP MOU (2023) Page 17 of 29 CITY OF SOUTH EL MONTE Im Jennifer Vasquez City Manager APPROVED AS TO FORM: :0 Quinn Barrow City Attorney Date USGR CIMP MOU (2023) Page 18 of 29 CITY OF WEST COVINA Im Lloyd Johnson Mayor APPROVED AS TO CONTENT: :0 Jeff Anderson Community Development Director APPROVED AS TO FORM: as Scott E. Porter City Attorney Date USGR CIMP MOU (2023) Page 19 of 29 Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation 1. LACFCD's $6,000/yr to monitor wet weather event 4 at the Mass Emission Station. The $6,000 is cost -shared by all parties, and the LACFCD is credited $6,000 from its cost -share. 2. The Cities of El Monte, Irwindale, La Habra Heights, and Walnut purchase receiving water monitoring data collected under this MOA. Their contributions are used to offset costs for the PARTIES. USGR CIMP MOU (2023) Page 20 of 29 *A:11:1 111 r_1 Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation Table 1 b. Cost for Optional Services I 4-Year L Deliverable 3-Year Total ' Total (including optional F 4th .->vear) .w TMDL Receiving Water Monitoring $819,228 $1,092,304 and Stormwater Monitoring Optional Non- Stormwater (NSW) Outfall Screening $464,065 $464,065 and Monitoring _Optional)z CIMP Evaluation $100,119 $133,492 and Revision Optional 3 5% Project j Administration $70,064 $85,386 and other contributions4 Optional Services $1,471,336 $1,793,107 Total 1. Includes additional monitoring requirements based on aquatic toxicity results, installing new or moving monitoring sites, and as -needed maintenance of monitoring equipment, etc. 2. Includes restarting the NSW Outfall Screening if required by the 2021 MS4 Permit 3. Includes the CIMP Adaptive Management Letter and CIMP revision USGR CIMP MOU (2023) Page 21 of 29 *A, :11=3111r_1 Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation 4. Includes contributions and fees for outside agencies and organizations. Table 2a. Cost Allocation Formula for Required Services' Agency Acres Percent of Allocated Contract Administration (5 Estimated o Area (/o) Cost percent) Cast County 40,812 51.429 $1,649,726 $82,486 $1,732,212 Baldwin Park 4,335 5.463 $175,232 $8,762 $183,993 Covina 4,481 5.647 $181,134 $9,057 $190,190 Glendora 9,307 11.728 $376,213 $18,811 $395,024 Industry 7,647 9.636 $309,111 $15,456 $324,567 La Puente 2,207 2.781 $89,213 $4,461 $93,673 South El 231 0.291 $467 Monte $9,338 $9,804 West Covina 10,336 13.025 $417,808 $20,890 $438,698 USGR CIMP MOU (2023) Page 22 of 29 *:,: 1:31r_1 Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation (ACD 5% N/A N/A $168,830 $8,442 $177,272 Total 79,356 100% $3,376,604 $168,830 $3,545,434 5. Cost allocation is calculated based on 4-year total. USGR CIMP MOU (2023) Page 23 of 29 *A, :11:11 r_1 Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation Table 2b. Cost Allocation Formula for Optional Services' Agency Acres Percent of Area (/o) Allocated 'Cost ContractEstimated Administration; (5 percent) Cost County 40,812 5.143 $825,625 $41,281 $866,906 Baldwin Park 4,335 5.463 $87,697 $4,385 $92,082 Covina 4,481 5.647 $90,650 $4,533 $95,183 Glendora 9,307 11.728 $188,280 $9,414 $197,694 Industry 7,647 9.636 $154,698 $7,735 $162,433 La Puente 2,207 2.781 $44,648 $2,232 $46,880 South El Monte 231 0.291 $4,673 $234 $4,907 West Covina 10,336 13.025 $209,097 $10,455 $219,552 LACFCD (5%) N/A N/A $84,493 $4,225 $88 718 Total 79,356 100% $1,689,861 $84,493 $1,774,354 1. Cost allocation is calculated based on 4-year total. Table 3. LACFCD's Contribution for Required Services + 5% Proiect Administration LACFCD's 5 Percent Cost Cost to LACFCD for Conducting 4 Additional Metals Sampling at San Gabriel River Mass Emission Station Total LACFCD Adiusted Contribution Table 4a Invoicing Schedule for Required Services USGR CIMP MOU (2023) Page 24 of 29 177,272 ($24,000) 153.272 *A:11:11 r_1 Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation LACFCD $37,390 $38,597 $40,117 $37,167 $153,272 $17,727 $170,999 (5%)' County $422,566 $436,213 m $453,388 $420,046 $1,732,212 $173,221 $1,905,434 v$202,393 Baldwin Park c $44,884 $46,334 _ $48,158 _ $44,617 $183,993 $18,399 Covina $46,396 $47,894 $49,780 $46,119 $190,190 $19,019 $209,209 Glendoracccc $96,364 °$99 476 $103,393 $95,790 $395,024 $39,502 $434,526 Industry mcmmccc $79,177 $81,734 $84,952 $78,705 $324,567 $32,457 $357,024 La Puente $22,851 $23,589 $24,518v $22,715 $93,673 $9,367 $103,041 South El Monte $2,392 $2,469 $2,566 $2,378 $9,804 $980 $10,785 West Covina_ $107,019 $110,475 $114,825 $106,380 $438,698 $43,870 $482,568 Total $859,039 $886,782 1 $921,697 _ mm$853,916w.m.m.m.m.m $3,521,4344w°mmmmmmmm$354,543 _ $3,875,978 1. Adjusted by $6,000/year, or $24,000 for 4 years, to credit LACFCD for sampling wet weather event #4 for the Group 2. LACFCD's 10% Contingency is calculated using the pre -adjusted contribution of $131,791 3. The 10% Contingency includes the 5% Project Administration 4. Total invoiced includes $24,000 offset for LACFCD wet weather event #4 sampling USGR CIMP MOU (2023) Page 25 of 29 *A, :11:11 r_1 Upper San Gabriel River Watershed Funding Contributions for CIMP Implementation Table 4b Invoicing Schedule for Optional Services' Invoice tem September 2023 July 2024 July 2025 July 2026 Total Contingency Total Cost wJ Date (Y 23-24) (FY 24-25) (FY 25-26) (FY 26-27) Unvoiced (10%)2 Contingency LACFCD (5_%) $26,931 $21,104 $20,920 $19,763 $88,718 $8,872 $97,589 County $263,155 $206,218 $204,417 $193,115 $866,906 _ $86,691 $953,597 Baldwin Park c $27,952 $21,904 $21,713 $20,513 $92,082 $9,208 mm mm . $101,290 Covina° $28,°893 $22,642 $22,444 $21,203 $95,183 $9 518 $104,701 Glendoracccc w.m.m. $60,011 $47,027 $46,617 $44,039 $197,694 $19,769 $217,464 Industry mcmm�ccc .m.m.m.m $49,308 wwwwww�° wvmvmvmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmmm$11,152 $38,639 $38,302 $36,184w°m°m$°162,433 $16,243 $178,677 mwwvmvv La Puente $14,231 _ $11,054 $10,443 $46,880 _ $4,688 $51,568 South El Monte $1,489 $1,167 $1,157 $1,093 $4,907 $491 $5,397 West Covina $66,646 $52,227 $51,771 $48,908 $219,552 $21,955 $241,507 Total $538,618 $422,081 $418,395 $395,261 $1,774,354 $177,435 $1,951,789 1. Will be invoiced separately should these services become required based on program needs 2. The 10% Contingency includes the 5% Project Administration USGR CIMP MOU (2023) Page 26 of 29 i*:�:II3:91 Upper San Gabriel River Watershed Responsible Agency Representatives County of Los Angeles Los Angeles County Public Works Stormwater Quality Division 900 South Fremont Avenue Alhambra, CA 91803-1331 Mark A. Lombos, Assistant Deputy Director E-mail: mlombos@pw.lacounty.gov Phone: (626) 300-4665 2. Los Angeles County Flood Control District Los Angeles County Public Works Stormwater Quality Division 900 South Fremont Avenue Alhambra, CA 91803-1331 Jalaine Q. Verdiner, Principal Engineer E-mail: jquintr@pw.lacounty.gov Phone: (626) 300-4666 3. City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706-4297 Sam Gutierrez, Interim Director of Public Works E-mail: sgutierrez@baldwinpark.com Phone: (626) 813-5251 4. City of Covina 125 East College Street Covina, CA 91723 Christopher Marcarello, Director of Public Works E-mail: cmarcarello@covinaca.gov Phone: (626) 384-5217 5. City of Glendora 116 East Foothill Boulevard Glendora, CA 91741 Alison Sweet, Director of Public Works E-mail: asweet@ci.glendora.ca.us Phone: (626) 914-8246 USGR CIMP MOU (2019) Page 27 of 29 i*:�:II3:91 Upper San Gabriel River Watershed Responsible Agency Representatives 6. City of Industry 15625 East Stafford Street, Suite 100 City of Industry, CA 91744 Troy Helling, City Manager E-mail: tehlling@cityofindustry.org Phone: (626) 333-2211 Fax: (626) 961-6795 7. City of La Puente 15900 East Main Street La Puente, CA 91744 John Di Mario, Development Services Director E-mail: jdimario@lapuente.org Phone: (626) 855-1517 8. City of South El Monte 1415 North Anita Avenue South El Monte, CA 91733 Jennifer Vasquez, City Manager E-mail: jvasquez@soelmonte.org Phone: (626) 579-6540 9. City of West Covina 1444 West Garvey Avenue South West Covina, CA 91790 Jeff Anderson, Community Development Director E-mail: jnderson@westcovina.org Phone: (626) 939-8422 USGR CIMP MOU (2023) Page 28 of 29 EXHIBIT C Upper San Gabriel River Watershed Scope of Work USGR CIMP MOU (2019) Page 29 of 29 ITEM NO. 8 STAFF REPORT ALD��ti TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works sary GAgR►EL. DATE: April 5, 2023 co LLEY�,,, 1 Q;AN„P�`���' SUBJECT: Authorize Additional Work and Approve a Contract Change Order for Stance Construction Company to Install Sewer House Connections and Abandon Septic Tanks as Part of the Work for the Calino Avenue Improvements Project C ►�7T�fiG1XcyJ This item will authorize additional work to Stance Construction Company for City Project No. CIP 22- 040 — Calino Avenue Improvements. The additional work is comprised of connecting twelve (12) sewer house connections to the newly constructed sewer mainline along Calino Avenue. The work entails making sewer lateral connections, abandonment of sewer septic tanks, installation of clean -outs, and repairs and restoration walk areas. RECOMMENDATION It is recommended that the City Council: Authorize the additional work and approve the proposal from Stance Construction Company in the amount of $92,950.00 to connect 12 homes to new sewer infrastructure including lateral connections, septic tank abandonments, clean -out and appurtenant work; and, 2. Authorize the Director of Public Works to execute a contract change order for the additional work; and, 3. Authorize the Director of Finance to appropriate $92,950.00 from Fund No. 275 and to make the necessary budget adjustments. FISCAL IMPACT There is no fiscal impact on the General Fund. Funding for the construction of the project will come from Fund No. 275 American Rescue Plan Act (ARPA). This project is listed in the current Fiscal Year 2022/2023 Capital Improvement Program (CIP 22-040). Appropriate Amount American Recovery Plan Act (ARPA) — Fund # 275-50-752-58100-55021 $92,950.00 Total Appropriation $92,950.00 BACKGROUND Calino Avenue is an unimproved private street located west of Puente Avenue and south of the Interstate 10 Freeway. The pavement is in poor condition and does not meet City standards. There are no curb and gutter, sidewalks, storm drains or sanitary sewer. Twelve (12) homes along Calino Avenue are on septic tanks. Over the years, attempts have been made by both residents and City to make the improvements, but efforts have fallen short largely due to the lack of funding mechanisms. However, with the approved American Recovery Plan Act (ARPA), a funding scenario was made possible due to the nature of ARPA funding. This once -in -a -generation infusion of funds provides State, Local, and Page 1 / 3 Tribal governments with the ability to address a broad range of water and sewer infrastructure needs with wide latitude to identify investments in water and sewer infrastructure that are of the highest priority for their own communities, which may include projects on privately -owned infrastructure. On December 15, 2021, the City Council authorized the use of ARPA funding for the project and directed the Director of Public Works to move forward with the civil design and engineering services for the construction of improvements at Calino Avenue. On October 24, 2022, the Staff completed the preparation of the construction documents and engineering studies including the Plans, Specifications, and Estimate (PS&E) and prepared the project for bid. On November 2, 2022, City Council authorized staff to publish a Notice Inviting Bids. On December 21, 2022, City Council authorized the award of a construction contract with Stance Construction Company, in an amount of $649,726.51. The Project is currently under construction consisting of major infrastructure improvements that include installation of sanitary sewer and storm drain mainlines, as well as, installation of drain inlets, curb and gutter, sidewalks, and pavement reconstruction. DISCUSSION From inception, this project was envisioned to consist of two phases. The first phase, which is currently under construction, includes the installation of sanitary sewer, storm drain mainlines, and street improvements. The second phase consists of connecting the homes to the new sewer system and abandoning the existing septic tanks. Twelve (12) homes along Calino Avenue have been identified to be on septic tank systems and are scheduled to be moved over to the new sewer system. This will provide the homeowners with a functional sewer connection which will relieve them from the burden of having to maintain old and obsolete septic tank infrastructure. When not properly sited or maintained, septic tanks can cause contamination of surface and groundwater resources, which leads to public health and pollution problems. Should the sewer connection be delayed it will delay the City's goal to comply with or delay clean water quality objectives. Phase 1 of the project is currently underway and is on schedule to be completed in June 2023. In order to ease the transition and minimize disruption to homeowners, Staff commenced preliminary work on Phase 2 by requesting proposals to connect homes to the new sewer main and abandon the existing septic tanks. The City received the following three proposals for the work: No. Company Name City Amount 1 Stance Construction Company Chino Hills, CA $92,950.00 2 Sewer Pros Altadena, CA $234,300.00 3 Golden Penny dba Flush Right Drain West Covina, CA $519,990.00 The lowest cost proposal received was from Stance Construction Company. Stance is the contractor currently working on Phase 1 and already has the necessary equipment mobilized on -site to perform the additional work. To provide a seamless and easy transition for homeowners, Staff is recommending that the City Council approve the additional work and authorize a contract change order with Stance in the amount of $92,950. This will be the first contract change order for Stance consisting 14% of the total contract amount. If approved the total contract amount including the change order would be estimated at $742,676, well under the engineer's original estimate. ALTERNATIVES Page 2/3 1. The City Council may choose not to award the additional work to Stance Construction Company. This action is not recommended as it will delay the final phase of the project and may have a significant increase in cost if done at a later time. Doing the work at this time will minimize mobilization cost and disruption to homeowners. 2. Provide staff with alternate direction. CEQA REVIEW The subject project is exempt from CEQA pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Proposals Summary Page 3/3 Feburary 1711, 2023 Attn: David Lopez Refrence: Calino Ave Improvements Phase 2 Bid Thank you for presenting Stance Construction with the opportunity to bid Phase 2 of Calino Ave Improvements. We are please to provide the City of Baldwin Park with the bid below: ITEM BASE BID UNIT QUANTITY UNIT TOTAL NO DESCRIPTION PRICE AMOUNT 1 Pump and dispose of existing septic tanks EA 15 $ 500.00 $ 7,500 waste (Approx. total 14,000 gallons) Back -fill septic tank in place. Work shall 2 include 1 sack slurry back fill, Cap septic EA 15 $ 300.00 $ 4,500 tank, trench cut and hal concrete/dispose 3 Saw Cut sidewalk and patio pad LF 2740 $ 1.27 $ 3,480 4 Demolish PCC Sidewalk SF 2680 $ 3.75 $ 10,050 Cut building pads (3) includes concrete SF 30 $100.00 $ 3,000 5 removal Pour Concrete house pad 6" thick (3 $ 200.00 $ 6,000 6 locations) SF 30 Core 5" Dia. Into exsitng Building EA 3 $ 1000.00 $ 3,000 7 Footing(3) Excavate trench from House Point of $ 1550.00 $18,600 Connection (POC) to Property line POC at 8 street lateral. Include backfill and 90% EA 12 relative compaction compaction. Furnish and Install 4" sewer from house $ 11.00 $ 14,740 9 point of connection to street sewer LF 1340 laterals (6") 10 Furnish and Install 4" Sewer Cleanouts EA 48 $ 125.00 $ 6,000 11 Install 2 ft wide sidewalk 4" thick Sr 2680 $ 6.00 $ 16,080 TOTAL 1 1$ 92,950 Thank you, Ahmad Elrabaa Vice President 626 419-0b03 1692 New York Ave. Altadena CA, 91001 City of Baldwin Park Calino Ave. Sewer Improvement Project dlopez@baldwinpark.com ESTIMATE # 1000 Date: Nov 21, 2022 Subtotal: $234,300.00 Item Quantity Rate Amount Project Description Summary: Project consists of upgrading twelve 0 $0.00 $0.00 (12) residential sewer systems to residents located on Calino Ave. north west of Puente Ave. in the City of Baldwin Park. Each resident is currently on a septic system. Project will consist of two (2) parts: Installing new connection to city sewer main and properly abandoning septic tanks. Part 1: Disconnecting sewer line from septic tank. Install new 4" sewer line from dwelling to city sewer main. Clean outs will be installed at every 50' and at very turn per City Engineer's request. Work will consist of cutting and removing concrete for a trench. Trench will be approximately 2' wide and depth will vary to ensure proper slope for flow. Once pipe has been installed, trench will be backfilled, compacted, and restored in kind. Location 1:1838 1 $4,700.00 $4,700.00 Location 2: 1857 1 $11,650.00 $11,650.00 Location 3: 1861 1 $17,475.00 $17,475,00 Location 4: 1862 1 $17,475.00 $17,475.00 Location 5: 1866 1 $17,475.00 $17,475,00 Location 6: 1868 1 $11,650.00 $11,650.00 Location 7.1869 1 $17,475.00 $17,475.00 Location 8: 1873 1 $11,650.00 $11,650.00 Location 9: 1874 1 $11,650.00 $11,650.00 Location 10: 1879 1 $11,650.00 $11,650.00 Location 11:1880 1 $11,650.00 $11,650.00 Location 12: 1883 1 $11,650.00 $11,650.00 Project 1 Cost: $156,150.00 0 $0.00 $0.00 Part 2: Abandonment of Twelve (12) Septic tanks. Pump out septic 0 $0.00 $0.00 tanks and safely dispose of materials at approved location. Fill septic tanks will concrete slurry. Properly cap/ seal tank openings. Location 1: 1838 Location 2: 1857 Location 3: 1861 Location 4: 1862 Location 5: 1866 Location 6: 1868 Location 7:1869 Location 8: 1873 Location 9:1874 Location 10: 1879 Location 11: 1880 Location 12: 1883 Project 2 Cost: $78,150.00 Notes: Subtotal: 234,300 Permits:???? Total:??????'? 1 $6,050.00 $6,050.00 1 $7,425.00 $7,425,00 1 $6,050.00 $6,050.00 1 $6,050.00 $6,050.00 1 $6,050.00 $6,050.00 1 $6,050.00 $6,050.00 1 $6,050.00 $6,050.00 1 $6,050.00 $6,050.00 1 $6,050.00 $6,050.00 1 $6,050.00 $6,050,00 1 $6,050.00 $6,050.00 1 $10,225.00 $10,225.00 1 $0.00 $0.00 Subtotal: $234,300.00 Tax (0%): $0.00 Total: $234,300.00 *All costs are based on information provided by City Engineer. Additional costs may be incurred if information is not accurate. Sewer Pros will provide all receipts and documentation for City's records. **Progress payment will be due upon completion of Part 1 of Project. *** Final Payment will be due upon completion of overall Project. David Lopez I IimaS 5U-6MAa 1 From: Anthony Vazquez Sent: Monday, February 13, 2023 10:22 AM To: David Lopez Cc: Bernardo Navarrete Subject: FW: Calino Ave. Sewer Improvement Project _ Phase 2 Attachments: Flush Right insurance card 2-12-23.pdf; Flush Rightjpg; Golden Pennyjpg; Flush Right Drain attn Caliano Ave lic 1063633 2-9-23.xlsx Received today. From: Your Septic expert <expertsepticservice@gmail.com> Sent: Monday, February 13, 2023 9:57 AM To: Anthony Vazquez <AVazquez@baldwinpark.com> Subject: Re: Calino Ave. Sewer Improvement Project_ Phase 2 [CAUTION: External Email -- DO NOT CLICK on links or open attachments unless you are sure the content is safe.] Hello Anthony, This is Albert Castro from Golden Penny Sanitation Inc C-42 lic#1063633 Our bid is ready. And we included some additional details to line items. I would personally be working on site throughout the job so we don't miss anything. I'm actually hands-on and work with the crew. Our DBA is Flush Right Drain Cleaning & Expert Septic Sewer Drain Service. If you have any questions or concerns please call me at 626-347-3993. Please see the attachment. Thank you! Albert Castro Best Regards On Wed, Feb 8, 2023 at 11:40 AM Anthony Vazquez <AVazquez@baldwinpark.com> wrote: Hello there, Just reaching out to various potential qualified vendors to submit quotes for this upcoming project. We are scheduled for a job walk for all potential vendors, Project Manager Dave Lopez, and myself, Anthony Vazquez (Public Works Manager). This project consists of upgrading twelve (12) residential sewer syste,s located on Calino Ave. northwest of Puente Ave in the City of Baldwin Park. Each resident is currently on a septic system. Project will consist of two (2) parts: installing new connection to city sewer main and properly abandoning septic tanks. If you are interested in bidding on this project, feel free to attend tomorrow'sjob walk at 10:00 am on Calino Ave/ Puente Ave. This will give anyone an opportunity to ask question and seethe project site. I have attached project scope so you may respond to request. Phase 1 of this project is in construction at this site, Parking will be limited. If you have any question, please do not hesitate to reach out. Best regards, 04atfronS cVaz$uez Public Works Manager City of Baldwin Park 13135 E. Garvey Ave Baldwin Park CA 91706 (626) 960-3993 avazquez@baldwinparl<.com City of Baldwin Park Calino Avenue Street Improvements, Phase II Estimate Date 02/09/2023 Golden Penny Sanitation Inc: Flsuh Right: Drain Cleaning Lic# c-421063633 ITEM BASE BID UNIT TOTAL NO DESCRIPTION UNIT QUANTITY PRICE AMOUNT Pump and dispose of existing septic tanks waste (Approx. total 14,000 gallons) this includes, liquid 1 waste, solid septict tank waste, cesspool waste water EA 15 $ 900.00 $ 13,500 and or sewage from sewage pipes Back -fill septic tank in place. Work shall include 1 2 sack slurry back fill, Cap septic tank, trench cut and EA 15 $ 3000.00 $ 41,100 hualconcrete/dispose Saw Cut sidewalk and patio pad this includes LF 2740 $ 7.00 $ 19,180 3 concrete up to 6 inches thick with or with out rebar reinforcment Demolish PCC Sidewalk, hual away debris, cuation SF 2680 $15.00 $ 40,200 4 off the area and sidwalk closed sign Cut building pads (3) includes concrete removal. This 5F 90 $ 165.00 $ 14,850 5 includes wet sawing, vacum sawing, plastic hanging and masking. 30 SF X 3 Pour Concrete house pad 6" thick (3 locations) up to $ 155.00 $ 13,950 6 house pad grade and below finish floor grade 30 SF 90 SFX3 7 Core 5" Dia. Into exsitng Building Footing(3) EA 3 $1850.00 $ 5,550 Excavate trench from House Point of Connection $ 3880.00 $ 46,560 (POO to Property line POC at street lateral. Include 8 backfill and 90% relative compaction compaction. EA 12 Includes trench shoreing, debris removal, cuation signs or saftey fence Furnish and Install 4" sewer from house point of $ 195.00 $ 261,300 connection to street sewer laterals (6") we will 9 furnish sewer in Abs , or approved pvc or sdr LF 1340 material type. Pipes will be embedded with sand or Furnish and Install 4" Sewer Cleanouts, cleanouts will $ 750.00 $ 36,000 10 be installed slightly above grade or below grade EA 48 insde of a garden box for access. Install 2 ft wide sidewalk 4" thick, broom finish with $ 10.00 $ 26,800 11 apparoved masonary material spec 5F 2680 Directional bore sewer lateral (alternate)* we will None 12 use and prefer open trench method which can EA 12 guarantee slope Total $ 518,990 ITEM NO. 9 F 'v 1• TO: Honorable Mayor and Members of the City Council �r HUB,0F THEE' FROM: Sam Gutierrez, Director of Public Works SAN GABRIEL10 DATE: April 5, 2023 QJAN„PSUBJECT: Approval of Southern California Gas Company (SoCalGas) Collectible Work Authorization for the Abandonment of Gas Mains at the Susan Rubio Zocalo Park and Civic Plaza SUMMARY This item seeks City Council consideration to authorize a Collectible Work Authorization (CWA) for Southern California Gas Company (SoCalGas) to abandon existing gas infrastructure located within the proposed park improvements for the Susan Rubio Zocalo Park and Civic Plaza. RECOMMENDATION It is recommended that the City Council: 1) Approve the CWA payment for SoCalGas in the amount of $87,229.56 for the abandonment of gas infrastructure; and, 2) Authorize the Director of Public Works to execute the CWA agreement and to process the necessary documents and payment request from the approved construction budget contingency; and, 3) Authorize the Director of Finance to appropriate the funding and make the necessary budget adjustments. FISCAL IMPACT There is no impact to the General Fund. The funds for the CWA will be taken from the approved construction budget. BACKGROUND On October 19, 2022, the City Council accepted the Plans and Specifications for the City Project CIP 22-043 — Susan Rubio Zocalo Park and Civic Center Plaza and awarded a contract for construction to PCN3, Inc. of Los Alamitos, CA. The City Council also authorized the Director of Finance to budget $11,841,000 for construction costs including the prime construction contract, costs for demolition of vacant building, construction administration, construction management and inspection services, and construction contingency totaling $775,000. On October 27, 2022, A groundbreaking ceremony for the Susan Rubio Zocalo Project was held at 14349 Pacific Ave and the demolition of the existing vacant building commenced. During the demolition of the existing vacant building at 14349 Pacific Avenue, the city contacted So Cal Gas to remove the existing services in anticipation of the site demolition. On November 2, 2022, SoCal Gas completed the abandonment of existing services to the vacant building. On December 8, 2022, the City staff met with SoCal Gas, to discuss the relocation the 4" Gas Main and 2" Gas Main that are in conflict with the proposed retail building and requested that SoCal Page 1 / 3 Gas relocate the existing mains per the project plans. During the meeting SoCal gas estimated that the work may begin in April 2023. DISCUSSION On January 6, 2023, SoCal Gas determined that the construction of a new retail building is for proprietary use and not governed by the current Franchise Agreement between the City of Baldwin Park and SoCal Gas, thus making the city responsible for the costs of relocation and/or abandonment collectible by SoCal Gas. On January 12, 2023, The city's contractor PCN3, began the mobilization for start of main plaza construction located between Pacific Ave, Maine Ave, and Sterling Way. The construction contract for PCN3 includes the work associated with the abandonment and relocation of gas mains within the project, however, the gas company will need to first abandon and cap the existing mains, since no work is allowed on live gas mains. On March 7, 2023, SocalGas determined that both Gas mains may be abandoned and there is no need for relocation and began the preparation of Work Authorization. Since work for relocation of gas mains is no longer needed for the project, the city will remove this work as part of the construction contract with PCN3, and execute a change order, as a credit for construction to offset the cost of the CWA. On March 20, 2023, SoCal Gas finalized the work authorization and work agreement to abandon both 2" and 4" gas mains that conflict with proposed retail building and will be able to schedule and commence work once the deposit for collectible work is received. In order to avoid construction delays, and continue with the start of retail building improvements, this work will need to be completed by SoCal Gas. The City is requesting to use funds already approved for construction contingency by City Council on October 19, 2022. ALTERNATIVES 1. The City Council may choose not to approve the CWA. This action is not recommended as it will cause construction delays and require significant re-scoping and re -design of the proposed retail building. 2. Provide Staff with alternate direction. CEQA REVIEW Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS Page 2/3 1. BP Collectible Work Agreement 2. CWA Notification Page 3/3 Date Prepared Estimate Prepared By SOUTHERN CALIFORNIA GAS COMPANY COLLECTIBLE WORK AUTHORIZATION 2023-03-20 Eduardo Cruz 06095 Purchaser Name and Job Address Name Sam Gutierrez Address 14403 E. Pacific Ave City Baldwin Park State CA Zip 91706 Phone # 626-930-4011 ext.460 Purchaser's SS# Design # 71007440 ML SC83031 Notification # 2042282052 MCU Order # 000005558530-0005 Phone # 213-231-8313 Billing Name and Address, If Different Name Sam Gutierrez Address 14403 E. Pacific Ave City Baldwin Park State CA Zip 91706 Phone # 626-930-4011 ext.460 Or Federal Tax ID # 95-6005574 Purchaser requests and authorizes The Gas Company to perform the following work: SO CAL GAS WILL ABANDON IN PLACE 4" AND 2" STEEL MAIN. 100% COLLECTIBLE TO THE CITY OF BALDWIN PARK ZOCALO PARK PROJECT. GAS CO CREW/CONTRACTOR LABOR, MATERIALS, AND EQUIPMENT. INDUSTRIAL HYGIENIST TO TEST THE 2" WRAP. CITY OF BALDWIN PARK WILL REMOVE 4" AND 2" ABANDON CONFLICT MAIN ONCE "QUITCLAIM AGREEMENT" PROCESS HAS BEEN APPROVED. TOTAL THIRD TOTAL TOTAL COMPANY TOTAL PARTYCHARGES PAVING SUBTOTAL ITCCA TOTAL LABOR MATERIALS (Including PERMIT, ESTIMATES Contractor Labor) & OTHER $ 21,816.41 $ 10,530.85 $ 33,873.80 $ 21,008.50 $ 87,229.56 $ 0.00 $ 87,229.56 Purchaser agrees to pay The Gas Company the actual cost - the estimated amount is due and payable in advance and any additional balance within 30 days of invoice. The estimated cost of the Work is furnished only for the convenience of the Purchaser. It is intended to reflect The Gas Company's general past experience of the cost of similar work under favorable conditions. Because of unforeseen contingencies and other factors, the actual cost may be considerably higher or lower than this estimate. Therefore, the estimate is not a warranty by The Gas Company of the actual cost. The actual cost shall include overhead costs contained in The Gas Company's appropriate billing formula. Purchaser agrees to pay within 30 days of invoice any additional amounts whenever The Gas Company determines the cost of Work completed exceeds any amounts previously paid. When labor costs exceed the estimate, The Gas Company may, but is not obligated to notify Purchaser, and cease all Work until approval for the increased cost is obtained from Purchaser. If the total actual cost is less than the deposit(s), The Gas Company will refund the difference (without interest). Purchaser agrees that if The Gas Company brings any action to enforce the provisions of this Agreement, it shall be entitled to recover its attorney's fees and costs, in addition to any other relief to which it is entitled. Purchaser agrees that any excavation made by Purchaser that is to be entered by Gas Company employees, agents or subcontractors shall conform to all requirements of the State of California construction safety orders, particularly the provisions of Article 6, Sections 1539 through 1547, which relate to the safe construction of trenches and excavations. Purchaser further agrees to take all reasonable care in protecting The Gas Company's property from damage, including the use of procedures which will not place any undue strain on pipes during excavation and backfill or cause damage to pipe protective coatings. Purchaser shall indemnify, defend and hold harmless The Gas Company from and against any and all liability of every kind and nature for - (i) injury to or death of persons, including without limitation, employees or agents of The Gas Company or of Purchaser; (ii) damage, destruction or loss, consequential or otherwise, to or of any and all property, real or personal, including without limitation, property of The Gas Company, Purchaser or any other person; (iii) violation of local, state or federal laws or regulations (excluding environmental laws or regulations); and (iv) including attorney's fees incurred in defending against such liability or enforcing this provision - resulting from or in any manner arising out or in connection with the performance of the Work including the indemnity obligations imposed on The Gas Company by the owner of the Job Address if other than Purchaser, by the local jurisdiction in which the Work is performed or which issues a permit for any part of the Work, excepting only those liabilities arising from the sole negligence or willful misconduct of The Gas Company or its agents compared to any other person. Purchaser shall indemnify, defend and hold The Gas Company harmless from and against any and all liability (including attorney's fees incurred in defending against such liability or in enforcing this provision) arising out of or in any way connected with the violation of or compliance with any local, state or federal environmental law or regulation as a result of pre-existing conditions at the Job Address, release or spill of any pre-existing hazardous materials or waste, or out of the management and disposal of any pre-existing contaminated soils or groundwater, hazardous or non -hazardous, removed from the ground as a result of the Work (`Pre -Existing Environmental Liability"), including but not limited to liability for the costs, expenses and legal liability for the environmental investigations, monitoring, containment, abatement, removal, repair, cleanup, restoration, remedial work, penalties, and fines arising from the violation of any local, state or federal law or regulation, attorney's fees, disbursements, and other response costs. As between Purchaser and The Gas Company, Purchaser agrees to accept full responsibility for and bear all costs associated with Pre -Existing Environmental Liability. Purchaser agrees that The Gas Company may stop Work, terminate the Work, redesign it to a different location or take other action reasonably necessary to complete the Work without incurring any Pre -Existing Environmentally Liability AGREED AND ACCEPTED (DATE) THE GAS COMPANY BY NAME(PRINT) SIGNATURE AMOUNT RECEIVED DATE PAYMENT TURNED IN: PURCHASER (NAME OF COMPANY) PURCHASER OR AUTHORIZED REPRESENTATIVE(PRINT) TITLE SIGNATURE OF PURCHASER OR AUTHORIZED REPRESENTATIVE PAYMENT INFORMATION ❑ CASH ❑ CHECK CHECK # BY(NAME OF EMPLOYEE): PAYMENT TURNED IN AT: ROUTING: ORGINAL - COST ACCOUNTING, COPY- CUSTOMER, COPY- REGION FILE SOUTHERN CALIFORNIA GAS COMPANY - FORM 3011 - F (.REV.4/98) "COLLAUTH" M SoCalGas Southern Califomia Gas Company 1981 W Lugonia Ave. Redlands, CA 92374 Mailing Address: A A'-, S mpra Enemy utility PO Box 3003 Redlands, CA 92373-0306 March 20 2023 Sam Gutierrez Attn: Accounts Payable 14403 E. Pacific Ave Baldwin Park, CA 91706 Re Agreement for Collectible Work -- Work Authorization Notification # 2042282052 'MCU #000005558530-0005 Enclosed is your copy of our Contract for estimated cost. Please sign and return the copy of the agreement to: Southern California Gas Company Attn: Eduardo Cruz 1981 West Lugonia Avenue, ML 8031 Redlands, CA 92374-9796 ECruz@socalgas.com socalgas.com We will return a completed copy, signed and accepted by our Company representative, for your file. Make your check for the deposit payable to: The Gas Company, in the amount of'$87,229.56 and note the MCU number on the check. Please keep in mind this is the planned estimate cost for the project. Mail the check payment and remittance form to: Sundry Billing Southern California Gas Company P.O. Box 2007 Monterey Park, CA 1754-0957. Final billing will be for the actual costs of the work performed. If you have any questions regarding this project, please call Eduardo Cruz at (213) 231-8313. Sincerely Will Liao Technical Services Supervisor ITEM NO. 10 F 'v 1• TO: Honorable Mayor and Members of the City Council Q' HUB;OF FROM: Ron Garcia, Director of Community Development � .SAN GABRIEL „' ��Imelda Delgado, Housing Manager QJAtA%3 DATE: April 5, 2023 SUBJECT: Amendment to the Consultant Services Agreement between the City of Baldwin Park, and Lorraine Mendez and Associates, Inc. For HUD reporting and consulting services. SUMMARY The purpose of this report is to request that the City Council consider approving an amendment to the Consultant Services Agreement between the City of Baldwin Park and Lorraine Mendez and Associates, Inc. to continue completing various planning and reporting requirements per the Department of Housing and Urban Development (HUD) regulations and meet the agency's deadlines to guarantee the City receives CDBG and HOME funds. RECOMMENDATION Staff recommends the City Council authorize the Chief Executive Officer and the City Attorney to prepare and execute a second amendment to the Consultant Services Agreement between the City of Baldwin Park and Lorraine Mendez and Associates, Inc., and authorize the Director of Finance to appropriate the funds and budget amendments accordingly. FISCAL IMPACT The new contract agreement is $60,000, which will cover the upcoming HUD reporting requirements for the current 2023 to 2025 fiscal years. The CDBG admin fund currently has $30,571 and $4,460 Home ARP admin funds available budget to cover the current fiscal year HUD reporting requirements. The FY 2024 and FY 2025 reporting service costs will be budgeted as part of the annual new fiscal year budgets that will be taken to City Council in June. Staff is intending to use available CDBG, HOME, and HOME ARP funds to budget the services in the upcoming fiscal years. BACKGROUND Pursuant to the U.S. Department of Housing and Urban Development (HUD), all state and local governments receiving Federal funds are required to prepare a five-year strategy designed to address the needs of extremely low, low and moderate -income households within the community as well as the completion of an Annual Action Plan to be submitted 45 days prior to the beginning of the fiscal year. If any substantial changes must be made during the Program Years a Substantial Amendment must be prepared and submitted to HUD. These plans serve as an application for grant funding for Community Development Block Grant (CDBG) and HOME Investment Partnership Act (HOME) funds received by the City. At the end of each fiscal year the city is also required to submit a Consolidated Annual Page 1 / 2 Performance Evaluation Report (CAPER) to report outputs and outcomes that provides an assessment of the City's performance. On August 6, 2021, the City entered into an agreement with Lorraine Mendez and Associates, Inc., under the Director of Community Services' spending authority for the preparation of the City's 2020/21 CAPER with the option that if additional services are needed by the City, an amendment to the agreement will be required to add such services. On March 16, 2022 the City Council approved an amendment to the Consultant Services Agreement to prepare and complete the FY 2019/20 Annual Plan Cares Act Substantial Amendment, HOME ARP Allocation Plan, FY 2022-2023 Annual Action Plan, and provide assistance to Housing staff with HUD related matters. DISCUSSION The Housing Division manages all HUD funding allocated to the City of Baldwin Park, including CDBG, HOME, and manages the Baldwin Park Housing Authority, which is a separate entity from the City. The Housing Division has seven (7) fulltime and one (1) part time staff members; five (5) staff mainly work with the Housing Authority Section 8 and Public Housing programs, and one (1) staff member works with the CDBG and HOME Programs. Due to key staff vacancies and changes within the department the professional services provided by Lorraine Mendez has been instrumental in assisting staff with completing the necessary plans and HUD requirements. On March 15, 2023 the City Council approved the City's HOME -ARP Allocation Plan. The HOME -ARP funds in the amount of $1,128,360 would be to perform two activities including homeless supportive services, and a Tenant Based Rental Assistance Program (TBRA). The HOME ARP program is a new program for qualifying individuals and families who are homeless, or at risk of homelessness. Moreover, the Housing Division is also tasked with managing the Rent Stabilization Ordinance (RSO). Since January 2020, the Housing Division has taken on seven (7) new programs that have been managed with existing housing staff. The additional consultant services to the Housing Division would continue to allow staff to maintain the continuity of anticipated level of housing supportive service to the City. Due to the management of additional programs and grants, a second consultant services amendment is needed to assist the Housing Division with CDBG and Home ARP. ALTERNATIVES The City may decide not to approve this amendment; in this case, the City would not meet the required deadlines to receive funding. ENVIRONMENTAL REVIEW There is no environmental impact. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Lorraine Mendez and Associates, Inc. Proposal 2. Lorraine Mendez and Associates, Inc. Agreement 3. Lorraine Mendez and Associates, Inc. Amendment No.2 Page 2/2 Lorraine Mendez FY 2023/24 AND 2024125 AAP- FY 2022123 CAPER; AND OTHER HUD TASKs As NEEDEIF: Prepared for: City of Baldwin Park Community Development Department March 23, 2023 Prepared by: Lorraine Mendez & Associates, Inc. 2205 Spyglass Trail W. Oxnard, CA 93036 City of Baldwin Park Community Development Department ATTN: Ron Garcia, Community Development Director 14403 E. Pacific Avenue Baldwin Park, CA 91706 DELIVERED VIA EMAIL: RGarcia@baldwinpark.com I Delgado ld inpark. corn SUBJECT: PROPOSAL FOR PREPARATION OF THE CITY OF BALDWIN PARK'S FY 2023/24 and 2024/25 ANNUAL ACTION PLAN, FY 2022/23 CAPER, AND OTHER HUD TASKS ON AN AS -NEEDED BASIS Dear Mr. Garcia, Thank you for the opportunity to provide services related to the preparation of above -mentioned subject documents. I am pleased to offer my services based upon extensive experience in providing professional grants administration services, including those related to the Community Development Block Grant and Home Investment Partnerships Act. I provide professional and technical services to various cities in Orange and Los Angeles Counties. I assist them with the development and implementation of program activities to ensure they are within HUD compliance. My consultant services also include the preparation and analysis of reports such as the Annual Action Plan, Consolidated Plan, and Comprehensive Annual Performance and Evaluation Report (CAPER). I ensure that all projects and activities are reported timely and accurately in the Integrated Disbursement and Information System (IDIS). As principal of Lorraine Mendez & Associates (LM&A), I will serve as the primary staff member responsible for preparation of all documents, and coordination with City staff. LM&A is committed to completing all assignments with detail and accuracy and ensuring all projects are on schedule. All correspondence regarding this proposal can be addressed to: Lorraine Mendez, Principal Lorraine Mendez & Associates 2205 Spyglass Trail W. Oxnard, CA 93036 (805) 665-7310 lorraine-mendez@hotmail.com 2205 Spyglass Trail W., Oxnard CA 93036 * T: (805) 665-7310 � 4 E: Lorraine-Mendez@hotrnaii.com 4 LorraiTie Me-ndez The price indicated in Section 6 — Cost Proposal is valid for 90 days from the date of this letter. Thank you for your consideration. I look forward to the opportunity to work for the City of Baldwin Park. Sincerely, LORRAINE MENDEZ & ASSOCIATES 4 2205 Spyglass Trail W., Oxnard CA 93036 + T: (805) 665-7310 * 4 E: Lorraine-Mendez@hotmail.com 4 Lorraine Mendez a, i i l Lorraine Mendez & Associates, LLC (LMA) has been in operation for 13 years, however Ms. Mendez has 22 years of experience working in or alongside municipalities in the administration of HUD programs. Ms. Mendez has been under contract with other jurisdictions over the last 17 years assisting with similar services as is being proposed in Baldwin Park. Ms. Mendez is currently contracted with the cities of Westminster, Huntington Beach, Anaheim, and Baldwin Park and has contracted with the cities of Huntington Park, Garden Grove, El Monte, Burbank, and Henderson, NV in the past, as well. It is understood that the City of Baldwin Park is seeking a qualified firm/person(s) to assist staff, on an as -needed basis, with the preparation of the following documents and activities: 1. FY 2023/24 Annual Action Plan 2. FY 2022/23 Consolidated Annual Performance and Evaluation Report (CAPER) 3. FY 2024/25 Annual Action Plan 4. Substantial Amendment to 2019/20 Annual Action Plan (CARES Act Amendment) 5. Substantial Amendments to the 2021/22 HOME -ARP Allocation Plan (if needed) 6. Substantial Amendments to the 2023/24 Annual Action Plan (if needed) 7. Other HUD -related tasks, as needed — see Section 3 Qualifications and Resumes for complete list of available services. LMA has experience in the development of the Annual Action Plan, 5-Year Consolidated Plan, CAPER, and AAP Amendments, IDIS, file management, HUD program policies and procedures, subrecipient monitoring, and other tasks related to the management and implementation of HUD grants, which are available to be provided on an as -needed basis. Lorraine Mendez a, Lorraine Mendez of Lorraine Mendez & Associates brings over 22 years of professional experience working with local governments — first as an employee in a Community Development Department where she gained knowledge and experience in the fields of Redevelopment, housing, community development, fiscal management, goal setting, and performance tracking, and as of 2006, as a consultant dealing exclusively with CDBG and HOME entitlement programs. Lorraine Mendez has been under contract with local jurisdictions over the last 17 years, including the cities of Westminster, Huntington Beach, Anaheim, Garden Grove, Huntington Park, Burbank, Baldwin Park, El Monte, and Henderson, Nevada providing administrative services associated with the HUD Program, more fully described in Section 3 — Qualifications and Resumes. Ms. Mendez has a B.A. in Economics with a minor in Business Administration from California State University, Northridge. In Westminster specifically, Ms. Mendez manages the entire CDBG program, and only relies on staff to receive direction, gather needed data, and attend Council meetings. For Westminster's HOME program, Ms. Mendez prepares environmental review records, subsidy layering review analyses, and affordable housing agreements as needed. Also, a major focus in Westminster has been to improve the overall administration and implementation of the City's HUD programs as required by HOME and CDBG regulations. Ms. Mendez has been successful at addressing program deficiencies and has established improved administrative protocols for activities under the CDBG and HOME programs. For the Cities of Huntington Beach, Anaheim, and Henderson, Ms. Mendez provides a variety of services on an as -needed basis. Main services provided include the setting up, funding, and maintenance of HUD activities in IDIS; the development and maintenance of Annual Action Plans, Consolidated Annual Performance and Evaluation Reports (CAPER's), and AAP Amendments (both minor and substantial); analyses of HUD funding availability and timeliness commitment and expenditure of funds; Environmental Review Records; assistance with draws; research and analysis of proposed projects; activity eligibility reviews; development of standardized quarterly reporting for CDBG subgrantees; area benefit analyses; and other tasks as requested. Lorraine Mendez a, Lorraine Mendez & Associates is qualified to assist with the development of the City's Annual Action Plan's, CAPER's, Substantial Amendments, and other tasks related to the administration of the CDBG and HOME programs. As project principal, Lorraine Mendez will maintain responsibility for ensuring the overall quality of work of her firm and any subcontracted staff (if needed) for this project, and the timeliness of project deliverables. Over the past 17 years working exclusively as a consultant for cities such as Westminster, Huntington Beach, Anaheim, Garden Grove, Baldwin Park, El Monte, Huntington Park, Burbank, and Henderson, Nv., Ms. Mendez has provided an array of HUD -related services and work products as outlined below and in the resume that follows: 1. CDBG/HOME Programs Administration a. Develop and Maintain Project Filing System and Checklist, including all necessary eligibility documentation to ensure compliance with HUD and federal cross -cutting requirements. b. Conduct environmental reviews and prepare environmental review records for most activities in accordance with NEPA and the implementing regulations at 24 CFR Part 58, up to the level of categorically excluded subject to Part 58. c. Manage the federal Integrated Disbursement and Information System (IDIS) required to set-up, revise, fund, and report upon accomplishments and beneficiaries for all CDBG and HOME activities. d. Generate, format, download, and analyze IDIS Reports. e. Prepare agreements for subrecipients (both outside and intradepartmental). f. Assist in department budget preparation and work program. g. Jointly with the Finance Department, assume financial management responsibilities, including preparing draw requests, receipting and drawdown of program income, approving subrecipient payment requests, and monitoring CDBG/HOME expenditures. h. Provide contract administration of CDBG and HOME programs and projects. i. Develop quarterly subrecipient performance reports for quarterly submission. j. Ensure subrecipients submit quarterly reports and conduct desktop monitoring on a quarterly basis. 2. HOME Acquisition/Rehabilitation Program a. Develop subsidy layering guidelines for rental and owner housing. b. Conduct financial analysis/layering review for Federally assisted residential acquisition and rehabilitation projects. c. Assist City staff in drafting deal points and affordable housing agreements for federally assisted residential new construction, and acquisition/rehabilitation projects, and/or review of affordable housing agreements, exhibits, and documents as to compliance Lorraine Mendez a, with established HUD HOME regulations. d. Prepare environmental review records for proposed HOME affordable housing projects. 3. Respond to HUD and Single Audit Letters and/or Memorandums as Needed a. Address and rectify all concerns and findings emanating from possible Agency or Federal Single Audit Reports. 4. CDBG and HOME Monitoring a. Conduct desk and on -site CDBG subrecipient monitoring visits as required by regulation (monitoring typically occurs after the end of the program year). ✓ Prepare appointment letters. ✓ Conduct on -site visit with public service subrecipients, gather needed financial, beneficiary, and other necessary documentation to prepare monitoring report. ✓ Prepare monitoring report outlining subrecipient strengths and weaknesses, concerns, findings, and corrective actions to be taken. ✓ Follow-up with subrecipients on implementation of recommended corrective actions and prepare monitoring close-out letters as needed. ✓ Provide technical assistance to staff and CDBG public service providers as needed. b. Conduct desk and on -site HOME monitoring of affordable housing projects. ✓ Prepare appointment letters to property owners or management. ✓ Schedule on -site inspections to determine compliance with housing, local and state codes. [Note: City may opt to use Building or Code Enforcement staff to conduct on -site inspections, or Lorraine Mendez & Associates, upon City's request, may perform inspections.] ✓ Conduct on -site monitoring to include review of project documents and tenant files to ascertain project compliance with HOME requirements, e.g. rents, tenant income eligibility, occupancy eligibility, property standards, affirmative marketing and fair housing, and lease terms. ✓ Prepare monitoring reports and follow-up correspondence until monitoring close out. Report will outline strengths and weaknesses, concerns, findings, and corrective actions to be taken. 5. Develop and Maintain HUD Grants Management Policies and Procedures Manual (Program Guidelines) 6. Prepare Annual Action Plans and Amendments to 5-Year Consolidated Plan a. Prepare draft and final Action Plan, amendments to the Action Plan and, if applicable, required amendments to 5-Year Consolidated Plan as needed, oversee public review, and submit to HUD via IDIS pursuant to HUD regulations. 7. Prepare Consolidated Annual Performance and Evaluation Reports i Lorraine Mendez a, a. Preparation of draft and final CAPER document, oversightOfpublic review, and submittal Lorraine Mendez a, Lorraine M. Mendez 2205 Spyglass Trail W. Oxnard, CA 93036 (805) 665-7310 Lorrane-Mendez@hotmail.com SUMMARY OF QUALIFICATIONS 22 years local government experience. B.A. degree in Economics with minor in Business Administration. :4iy1:210y/y�I211!11 d 01&1IN] �1 Principal, Lorraine Mendez & Associates March 2010 — Present: City of Westminster May 2013 — Present: City of Huntington Beach December 2019 — Present: City of Anaheim March — September 2020 & March 2022 — March 2023: City of Baldwin Park December 2020 — December 2022: City of Henderson, Nevada January 2019 — December 2019: City of El Monte July 2013 — December 2018: City of Garden Grove July 2006 — November 2017: City of Huntington Park • Assist in on -going administration of HUD's Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) programs, including: Preparation of Annual Action Plan, Five Year Consolidated Plan, and Consolidated Annual Performance Evaluation Report (CAPER). —> Preparation of department protocols and procedures. M C] M Management of the federal Integrated Disbursement and Information System (IDIS) required to set-up, revise, fund, and report on accomplishments and program beneficiaries for all CDBG and HOME activities. On -site monitoring for, and technical assistance to, each CDBG public service subrecipient to ensure compliance with federal requirements and adherence to the entity's subrecipient agreement with the City. Assumption of financial management responsibilities, such as preparing draw requests, approving payment requests, and monitoring CDBG/HOME expenditures. Preparation of CDBG and HOME fiscal budget. Monitoring of City's HOME -assisted affordable housing agreements including on -site monitoring of housing projects to ensure compliance with HOME regL Lorraine Mendez a, Assistance with special assignments as needed including the development a code enforcement strategy for use of CDBG funding, in-depth auditing of the City's minor home repair program, and review of staff reports, requests for proposals, and other department reports and correspondence. Principal, Lorraine Mendez & Associates July 2012 — 2016: City of Burbank • Prepared CDBG Procedures Manual as required by HUD. Sub -Consultant on Various Assignments January 2007 — May 2009: Cities of Bakersfield, Burbank, Indio, Garden Grove, Santa Clarita • July 2014 — 2016: Assisted GRC Associates with the development of the City of Bakersfield's Consolidated Plan, Annual Action Plan, Citizen Participation Plan, and Analysis of Impediments to Fair Housing Choice reports. • September 2012 — March 2014: Assisted Karen Warner Associates with the development of Burbank's Consolidated Plan using the new eCon Planning Suite, and the Analysis of Impediments to Fair Housing Choice reports. • January 2009 — May 2009: Assisted Castaneda & Assoc with development of Indio's 2009- 2013 Consolidated Plan and 2009-2010 Annual Action Plan using both a written plan submission and HUD's Consolidated Plan Management Process (CPMP). • August 2008 — February 2009: Assisted Solomon & Associates with the monitoring of affordable housing agreements of the Garden Grove Redevelopment Agency to ensure compliance with Federal HOME regulations. • January 2007— June 2007: Drafted City of Santa Clarita's 2007 Annual Action Plan. Administrative Analyst 11 October 2000 — June 2005: Community Development Department, City of Burbank • Division manager for Community Development Department Administration Division • Coordinated budget for Department including General Fund, Special Revenue, Housing Authority, Redevelopment, CDBG, HOME, and CIP funds. • Chaired the Budget Action Team (BAT), an intra-divisional committee responsible for recommending cost -reduction plans to include streamlining business processes, increasing revenues, and finding technological solutions to common business practices. • Prepared Housing and Redevelopment Division budget for 3 fiscal years. • Assisted in preparation of Annual HCD Report, Implementation Plan, State Controllers Report and other State and Federal mandated reports including gathering census data on population, ethnicity, households, housing occupancies, and income demographics. Lorraine Mendez a, Lorraine Mendez & Associates is proposing to provide one staff person for the development of the aforementioned Annual Action Plan's, CAPER, and other tasks as needed to implement the CDBG and HOME programs. Should additional support be needed, LM&A is able to provide supplementary staffing to assist with the contract services. Ms. Mendez will assume responsibility for requested assignments pursuant to the scope of work with reliance on city staff to perform administrative support functions, such as public and community meetings and presentations related to the adoption of the Plans. Ms. Mendez will provide all written Plans, staff reports, and public notices. Lorraine Mendez a, IMME Is lgg'i ii, i 1� 1111 ill � ...... .... Jill ii I M mOL IMF r OEM Lorraine Mendez a, i �r • � i'`i Lorraine Mendez & Associates, LLC proposes to provide requested services set forth in this proposal up to the contract price of $60,000, plus reimbursable expenses. Pursuant to the City's request, additional services are available and can be provided at an hourly rate, by an amendment to the original contract to add such services, or under a separate contact for such services. The Consultant will not bill for overhead. The following expenses directly attributable to work performed under this agreement shall be reimbursed at cost: • Contract management necessary to manage, assign, review, invoice, etc. work performed by subcontractors at City's request. Typical time allotted to such tasks is approximately 4 hours per month. • Printing and reproduction costs associated with document reproduction. • Mileage expenses at IRS rate, currently $.655 per mile; rate to be updated as necessary. • Other expenses related to document preparation. Any subcontractors brought on to serve under contract with Lorraine Mendez & Associates will serve as independent contractors, not Lorraine Mendez & Associates' employees. Subcontractors and Lorraine Mendez agree to the following rights consistent with an independent contractor relationship: Subcontractors have the right to perform services for others during the term of the Agreement. Subcontractors have the right to control and direct the means, manner and method by which the services required by the Agreement will be performed. Lorraine Mendez & Associates shall not require Subcontractor to performing the services required by the Agreement. Lorraine Mendez a, • Subcontractor is not eligible to participate in any employee pension, health, vacation pay, sick pay or other fringe benefit plan of Lorraine Mendez & Associates. Subcontractors shall pay all income taxes and FICA (Social Security and Medicare taxes) incurred while performing under the Agreement. Subcontractors will maintain independent insurance as required by the City. Authorized Signature: Type Name: Title: Date: IRRIMM1111 1011191011100. Lorraine M. Mendez Principal March 23, 2023 Lorraine Mendez Associates Consultant Services Agreement Page 1 of 7 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 6th day of August, 2021 by and between the City of Baldwin Park ("City"), and Lorraine Mendez and Associates, Inc. ("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 'W" 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 "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner In accordance with the professional standard practices meeting all required timelines set by Housing and Urban Development and the City of Baldwin park through completion of said projects. 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, in order 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 shall 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 any and 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. 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 Lorraine Mendez Associates Consultant Services Agreement Page 2 of 7 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. 0. 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 andfor 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, agents or Lorraine Mendez Associates Consultant Services Agreement Page 3 of 7 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 NUM BER< Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W9, 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. POL,ITICAL. 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 ruiemaking 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 or without 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 and including the date of termination of this Agreement, unless the termination is for cause, in which Lorraine Mendez Associates Consultant Services Agreement Page 4 of 7 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. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. 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 ail 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) CONSULTANT Lorraine Mendez 2205 Spyglass Trail W. Oxnard, CA 93030 (805) 665-7310 (B) City of Baldwin Park Attn: Benjamin Martinez 14403 East Paclfic Avenue Baldwin Park, CA 91706 (626) 960-4011 X477 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mall. Notices shall be directed to City's Designated Representative identified in Paragraph "22" of this Agreement. Lorraine Mendez Associates Consultant Services Agreement Page °f written, IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above CITY OF BALDWIN PARK M. Benjamin Martinez, Director of Community Development Dated: 1 CONSULTANT: Lorraine Mendez and Associates i e Mendez, - Dated:o �i EXHIBIT A SCOPE OF SERVICES Prepare Consolidated Annual Performance and Evaluation Reports (CAPER) Preparation of draft and final CAPER document, oversight of public review, and submittal to HUD via iDIS pursuant to HUD regulations, EXHIBIT B SCHEDULE OF COMPENSATION Lorraine Mel*idez SECTION G --' COST PROPOSAL Lorraine Mendez & Associates, LLC proposes to provide requested services set forth in tills proposal up to the contract price of $9,000 for the development of the pY 2020/21 Consolidated Annual Performance and Evaluation Report (CAPER), plus reimbursable expenses. Pursuant to the City's request, additional services are available and can be provided at an hourly rate, by an amendment to the original contract to add such services, or under a separate contact for such services. i Lorraine Mendez $120/hour Lorraine Mendez $9,000 fixed fee for i CAPER The Consultant will not bill for overhead. The following expenses directly attributable to work performed under this agreement shall be reimbursed at cost: Contract management necessary to manage, assign, review, invoice, etc. work performed by subcontractors at City's request. Typical time allotted to such tasks Is approximately 4 hours per month. Printing and reproduction costs associated with document reproduction. Mileage expenses at IRS rate, Currently $.56 per mile; rate to be updated as necessary. Other expenses related to document preparation. Any subcontractors brought on to serve under contract with Lorraine Mendez & Associates will serve as independent contractors, not Lorraine Mendez & Associates' employees. Subcontractors and Lorraine Mendez agree to the following rights consistent with an independent contractor relationship: • Subcontractors have the right to perform services for others during the terra of the Agreement. • Subcontractors have the right to control and direct the means, manner and method by which the services required by the Agreement will be performed. • Lorraine Mendez & Associates shall not require Subcontractor to devote full time to performing the services required by the Agreement. • Subcontractor Is not eligible to participate In any employee pension, health, vacation pay, sick pay or other fringe benefit plan of Lorraine Mendez & Associates. • Subcontractors shall pay all income taxes and FICA (Social Security and Medicare taxer) Incurred while performing under the Agreement. • Subcontractors will maintain Independent insurance as required by the City. SECOND AMENDMENT TO THE CONSULTANT SERVICES AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND LORRAINE MENDEZ AND ASSOCIATES, INC. 1. PARTIES AND DATE. This Second Amendment to the Consultant Services Agreement ("Second Amendment") is made and entered into this April 5, 2023, by and between the City of Baldwin Park, ("City"), and Lorraine Mendez and Associates ("Consultant"). 2. RECITALS. 2.1 City and Consultant entered into that certain Consultant Services Agreement dated August 6t", 2021, ("Agreement"), whereby Consultant agreed to provide professional services associated with the preparation and completion of Housing and Urban Development (HUD) reports as defined in the Scope of Services attached to the references agreement to develop the FY 2020/21 Consolidated Annual Performance and Evaluation Report (CAPER). 2.2 First Amendment. On March 16, 2022, the City Council approved a First Amendment to the Agreement whereby City and Consultant mutually amended the Consultant Services Contract by replacing Exhibit "A" - Scope of Services and Exhibit "B" — Compensation. 2.3 Second Amendment. City and Consultant mutually desire to amend the Consultant Services Contract Agreement for the second time and replace the Scope of Services attached to and incorporated into this Amendment as "Exhibit A" and Compensation attached to and incorporated into this Amendment as "Exhibit B". 2.4 Authorization. This Second Amendment is authorized pursuant to Section 21 of the Agreement. NOW, THEREFORE, in consideration of the Recitals and the terms and conditions set forth in this Second Amendment, and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties set forth their mutual covenants and understandings as follows: 3. TERMS. 3.1 Time for Performance. Section 3 of the Agreement is hereby amended to read as follows: "Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices but in any event no later than June 30, 2024." 3.2 Amendment of Exhibit "A" and `B." The Agreement is hereby amended by replacing Exhibit "A" - Scope of Services and Exhibit `B" — Compensation, in their entirety as shown on the attachments to this Second Amendment (Exhibit "A" & Exhibit "B"). 3.3 Continuing Effect of Agreement. Except as amended by this Second Amendment, all provisions of the Agreement shall remain unchanged and in full force and effect. From and after the date of this First Agreement, whenever the term "Agreement" appears in the Agreement, it shall mean the Agreement as amended by this Second Amendment. 3.4 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Agreement. 3.5 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. 3.6 Corporate Authority. The persons executing this Second Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Second Amendment on behalf of said party, (iii) by so executing this Second Amendment, such party is formally bound to the provisions of this Second Amendment and (iv) the entering into this Second Amendment does not violate any provision of any other agreement to which said party is bound. [SIGNATURES ON NEXT PAGE] IN WITNESS WHEREOF, the parties have executed this Second Amendment to be executed the clay and year first above written, CITY OF BALDWIN PARI,'-: CONSULTANT: Lorraine Mendez and Associat Inc. By: y Enrique C. Zaldivar, Chief Executive Officer 0 - ine Mendez, Principal Approved as to Form -- By, Marco A. Martinez City Attorney EXHIBIT A SCOPE OF SERVICES Preparation of the following documents: 1. FY 2023/24 Annual Action Plan 2. FY 2022/23 Consolidated Annual Performance and Evaluation Report (CAPER) 3. FY 2024/24 Annual Action Plan 4. Substantial Amendment to 2019/20 Annual Action Plan (CARES Act Amendment) 5. Substantial Amendments to the 2021/22 HOME -ARP Allocation Plan (if needed) 6. Substantial Amendments to the 2023/24 Annual Action Plan (if needed) 7. Other HUD -related tasks, as needed EXHIBIT B COMPENSATION Lorraine Me-ndez SECTION 6 - COST PROPOSAL Lorraine Mendez & Associates, LLC proposes to provide requested services set forth in this proposal up to the contract price of $60,000, plus reimbursable expenses. Pursuant to the City's request, additional services are available and can be provided at an hourly rate, by an amendment to the original contract to add such services, or under a separate contact for such services. Lorraine Mendez Lorraine Mendez Lorraine Mendez Lorraine Mendez $135/hour $12,000 fixed fee for FY 2023/24 Annual Action Plan $10,500 fixed fee for FY 1 2022/23 CAPER $12,000 fixed fee for FY 2024/25 Annual Action Plan As Needed to complete Substantial Amendments and HOME -ARP Allocation Plan The Consultant will not bill for overhead. The following expenses directly attributable to work performed under this agreement shall be reimbursed at cost: • Contract management necessary to manage, assign, review, invoice, etc. work performed by subcontractors at City's request. Typical time allotted to such tasks is approximately 4 hours per month. • Printing and reproduction costs associated with document reproduction. • Mileage expenses at IRS rate, currently $.655 per mile; rate to be updated as necessary. • Other expenses related to document preparation. Any subcontractors brought on to serve under contract with Lorraine Mendez & Associates will serve as independent contractors, not Lorraine Mendez & Associates' employees. Subcontractors and Lorraine Mendez agree to the following rights consistent with an independent contractor relationship: Subcontractors have the right to perform services for others during the term of the Agreement. Subcontractors have the right to control and direct the means, manner and method by which the services required by the Agreement will be performed. Lorraine Mendez & Associates shall not require Subcontractor to devote full time to performing the services required by the Agreement. City of Baldwin Park I Proposal for AAP, CAPER, and Other HUD -Related Tasks Lorraine Mien d ez Subcontractor is not eligible to participate in any employee pension, health, vacation pay, sick pay or other fringe benefit plan of Lorraine Mendez & Associates. Subcontractors shall pay all income taxes and FICA (Social Security and Medicare taxes) incurred while performing under the Agreement. Subcontractors will maintain independent insurance as required by the City. Authorized Signature: //Ol'�'`t�''�" 1,4 ' Type Name: Lorraine M. Mendez Title: Principal Date: March 23. 2023 City of Baldwin Parl<I Proposal for AAP, CAPER, and Other HUD -Related Tasks WaTNETWO 11 F "'"1• TO: Honorable Mayor and Members of the City Council Q' HUB;OF FROM: Enrique C. Zaldivar, City Manager � .SAN GABRIEL „' �C-1 vA��E�r�� �a� ; Ron Garcia, Director of Community Development QJAtA%3 DATE: April 5, 2023 AlIMMARY SUBJECT: Amended and Restated Services Agreement to Provide Additional Funding in the amount $25,000 to assist Veterans and their Families with Home Rehabilitation in Partnership with Oath to Country Foundation (OTCF). Staff is requesting City Council consider approving an amended and restated services agreement with Oath to Country Foundation (OTCF) for an additional $25,000 from American Rescue Plan Act (ARPA) funds to continue home repair efforts to assist senior veterans, disabled veterans, widowed spouses of veterans and seniors. RECOMMENDATION It is recommended that the City Council authorize the Chief Executive Officer to execute an Amended and Restated Services Agreement with Oath to Country Foundation subject to any non -substantive changes made by the CEO and City Attorney and authorize the Director of Finance to appropriate funding and make the necessary budget adjustments. FISCAL IMPACT There is no impact to the General Fund. The City will provide additional funding in the amount of $25,000 for a revised total of $50,000 for this program utilizing ARPA grants from the Community Assistance programs with account # 275-40-741-51101-17519. BACKGROUND On June 6, 2022, the City Council approved a Grant Agreement to create a pilot program in partnership with Oath to Country Foundation. The pilot program envisioned home repairs of up to 6 homes to ensure a safe healthy living environment serving senior veterans, disabled veterans, widowed spouses of veterans and seniors who have difficulty maintaining their homes/properties. OTCF has successfully completed 3 Baldwin Park home renovations in the amount of $16,906.27 with $8,093.73 remaining. Oath to Country Foundation'• 'i 501• • organization.•' •' fosterrcommunity of • r • collaboration with partnershipsand volunteers to educate• resourcesadvocate for, and strengthen military veterans, and first responders with mental health and to provide • ones thati up homeless,and raise awareness and prevention of t• by alleviating r • • of Page 1 / 2 DISCUSSION Oath to Country Foundation is requesting an amendment to the grant agreement for an additional $25,000 to repair the last home as part of the pilot program with the City of Baldwin Park. The home is of a combat Vietnam Veteran who is the owner of the two -bedroom, one bath single family home. OTCF indicated that the Veteran does not have any remaining family left to care for him since his wife passed away several years ago. Below is a list of improvements necessary to restore the home to a safe and healthy environment: - Install new roof - Remove and replace wooden porch beams - Remove and replace ceiling dry wall in areas of the home where water damage is visible - Remove and replace bedroom dry wall where water damage is visible - Remove and replace ceiling light fixtures where water damage is visible - Remove and replace damaged bathroom plumbing - Lawn restoration - Large trash overhaul inside and out the home - Replace toilet - Replace rotted kitchen sink - Repair wrought iron gate in driveway - Pressure wash disinfectant applied to outside of home - Purchase materials as necessary ALTERNATIVES The City Council may choose not to approve this Agreement. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Proposed Amended and Restated Services Agreement with Oath to Country Foundation Page 2/2 AMENDED AND RESTATED SERVICES AGREEMENT THIS AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF BALDWIN PARK, A GENERAL LAW CITY AND OATH TO COUNTRY FOUNDATION (OTCF). RECITALS WHEREAS, on June 6, 2022 the City and OTCF entered into that certain Grant Agreement initiating the services described therein Grant Agreement; and WHEREAS, the purpose of this Amended and Restated Services Agreement is to re -state the terms of the Original Agreement and increase the amount of the grant funds from $25,000 to $50,000. WHEREAS, the City of Baldwin Park (hereinafter "City") will fund this grant to the OATH TO COUNTRY FOUNDATION (hereinafter "OTCF") with federal American Rescue Plan Act (ARPA) funds as a pilot program. WHEREAS, the OTCF provides needed and valuable services to veterans of the City of Baldwin Park and the surrounding area. WHEREAS, veteran and their families are in desperate need of home repairs including, but not limited to, landscaping, painting, outside wall repair and a variety of other home improvement services to ensure a safe and healthy living environment for veterans and their families. WHEREAS, City and OTCF (hereinafter together as the "Parties") are entering into this Grant Agreement (hereinafter the "Agreement") in contemplation of the rehabilitation and repair of the homes in the City to ensure a safe and healthy Living environment. WHEREAS, by way of this Agreement, the Parties intend to establish their respective rights and obligations with regard to the use of monies provided by City for the rehabilitation and repair of the Subject Property. WHEREAS, the Parties intend for this Agreement to govern the distribution and use of the Grant Funds to as great a degree as permitted by law. WHEREAS, by way of this Agreement, the Parties intend to establish their respective rights and obligations with regard to the Grant Funds. THEREFORE, in consideration of the mutual promises set forth hereafter, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: I. EFFECTIVE DATE This Agreement shall take effect upon being fully executed by the OTCF and the City and after having been approved by the City Council of Baldwin Park. II. GRANT FUNDS WILL BE DISTRIBUTED DIRECTLY TO OTCF Any and all Grant Funds will be sent directly to OTCF by the City. OTCF is required to provide quarterly reports regarding the expenditure of the funds. OTCF should consult the City's Community Development Department to ensure proper reporting criteria so that such reporting meets ARPA guidelines. City has the right to amend any reporting requirements as deemed necessary per ARPA guidelines. The quarterly reports are due 15 days after the end of each calendar quarter (April 15, July 15, October 15, and January 15). ACKNOWLEDGEMENT OF TAX STATUS OTCF confirms that it is an organization that is currently recognized by the Internal Revenue Service (the "IRS") as a public charity under sections 501(c)(3) and/or 509(a)(1), (2), or (3) of the Internal Revenue Code (the "Code"), and OTCF will inform City immediately of any change in, or IRS proposed or actual revocation (whether or not appealed) of its tax status as described above. LUT AMOUNT OF GRANT FUNDS Pursuant to the terms and conditions outlined in this Agreement, the City shall provide monies to OTCF for the rehabilitation of properties in Baldwin Park in an amount not to exceed fifty thousand dollars ($50,000.00) (hereinafter "Grant Funds"). 0 USE OF GRANT FUNDS The Grant Funds may be used only for the rehabilitation and repair and security of veteran owned homes in the City of Baldwin Park. The Grant Funds must be used for the repair, rehabilitation and security of the veteran owned homes to ensure a safe and healthy living environment and may not be expended for any other purposes. While City understands that the OTCF may participate in any activities it so desires, OTCF may not use any Grant Funds to lobby or otherwise attempt to influence legislation, to influence the outcome of any public election, to carry on any voter registration drive, or to engage in any act which is not actual repair, rehabilitation or security of designated veteran owned homes. PAG E2of8 vk. TIMING OF FUNDS TO BE USED All Grant Funds must be used by December 31, 2023. However, an extension may be granted to OTCF for "good cause" showing at the sole discretion of the City of Baldwin Park Any extension must be in writing and must be signed by the Chief Executive Officer and/or the Mayor of the City of Baldwin Park Any extension of time will be granted based upon the same terms and conditions contained herein without further recital in the extension writing. OTCF 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 OTCF's negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions by OTCF, 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. am INSURNACE OTCF 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 OTCF's 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, OTCF 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 PAG E3of8 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, agents or employees shall be in excess of OTCF's 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 OTCF for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. In SCOPE OF WORK AND ESTIMATED COST OTCF will provide in writing to the City a full scope of any work to be performed and the estimated cost of the rehabilitation work.' ! X. FINAL REPORT TO THE CITY OTCF will provide to the City a Final Report once all funds are used. XI. INFORMATION FOR THE AUDIT Upon request by the City, OTCF shall promptly provide any additional information necessary for the City to evaluate the use of the Grant Funds including, but not limited to tax documents. OTCF shall have an accounting system or has designated a fiscal agent in accordance with requirements established by ARPA guidelines and practice nondiscrimination in the provision of assistance. Furthermore, OTCF shall comply with all applicable ARPA guidelines and allow the City and/or a City representative to have reasonable access during regular business hours to files, records, accounts, or personnel that are associated with the keeping and the expenditure of the Grant Funds, for the purpose of making such financial reviews, verifications or evaluations as may be deemed necessary in the sole discretion of the City. XII. COMPLIANCE WITH LOCAL STATE AND/OR FEDERAL REGULATIONS The OTCF agrees to perform all work in compliance with the Baldwin Park Municipal Code, the laws of the State of California and all applicable local, State and federal laws. XIII. NO ESCROW No escrow account is required. XIV. EXCESS FUNDS Upon request by the City, OTCF shall return within 15 business days of the end of the term of this Agreement any and all unexpended Grant Funds remaining at the end of the term of this Agreement. XV. ANY DEFAULT BY OTCF OTCF accepts responsibility for complying with this Agreement's terms and conditions and will exercise full control over the Grant Funds and the expenditure of the Grant Funds, except as expressly stated herein. In the event of a breach of the terms or conditions of this Agreement or a default of the terms of this Agreement, the City may request that OTCF return any or all of the Grant Funds immediately. XVl. INTENTION OF THE PARTIES The Parties agree to be bound strictly by the terms set forth in this Agreement at all times, regardless of how their circumstances may change over time. XVII. DUTY OF GOOD FAITH BY THE PARTIES The Parties agree to act in good faith and to deal fairly towards the other at all times and in all aspects of this Agreement, in accordance with the terms and conditions created between the Parties by this Agreement. XVIII. The Parties agree to provide and execute any further documentation that may be necessary to give full force and effect to the provisions of this Agreement. I:•►:� THE HEADINGS IN THIS AGREEMENT Headings are inserted for the convenience of the Parties only and will not have any bearing on the interpretation or meaning of this Agreement. IJSA7.5 ] XX. BINDING EFFECT OF THIS AGREEMENT The covenants and obligations set forth in this Agreement shall be binding on and inure to the benefit of the heirs, executors, successors, legal representatives, and administrators, of each party to this Agreement. XXI. This Agreement shall be governed, construed, enforced, and interpreted by, though, and under, the laws of the State of California without regard to the present or future locations of each party's residence. XXII. THE SEVERABILITY OF THIS AGREEMENT If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, it is the desire of both parties that any modifications made to these provisions by a court of competent jurisdiction be made only to the extent necessary to ensure that the provisions are enforceable, as determined by the reasonable judgment of the court. Should any provisions in this agreement be invalid or unenforceable, those provisions shall have no bearing on the remaining provisions of the agreement. All other provisions will be valid and fully enforceable. Further, any partially unenforceable provisions will be enforced to the greatest extent possible. INTEGRATION OF THIS AGREEMENT This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof. There are no other agreements, covenants, representations, warranties, expressed or implied, oral or written, in relation to the division of the party's assets, liabilities, and property other than the agreements set forth herein. All prior agreements, representations, covenants, and warranties, with respect to the subject matter hereof, are waived, merged, and superseded hereby. This is an integrated agreement. Both parties contributed in the drafting of this Agreement. XXIV. TERMINATION OR AMENDMENT OF THIS AGREEMENT This Agreement may only be terminated or amended if the termination or amendment is documented in writing and signed by both parties. Any purported termination or amendment of this Agreement shall be voluntarily made, and each party shall be entitled to a fair, reasonable, and full disclosure of the property or financial obligations of the other party, unless waived, and a reasonable time to seek independent counsel to review any documents and disclosures. This Agreement can only be terminated for a breach or default of this Agreement or by mutual agreement. SIGNED CONSENT FORM OTCF agrees that it will secure a signed Consent Form, to be provided by the City, to each veteran homeowner who agrees to have work performed by OTCF on their home and provide such signed Consent Form before any work is to begin at any home. THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE TO THEM AS OF THE EFFECTIVE DATE OF THE AGREEMENT. IF MORE THEN ONE PARTY SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT. BOTH PARTIES SHALL RECEIVE A FULL EXECUTED DUPLICATE OF THIS AGREEMENT. The foregoing is agreed to by: Date: Apffl 5,2023 CITY OF BALDWIN PARK LIM Enrique Zaldivar, Chief Executive Officer OATH TO COUNTRY FOUNDATION 0 Dr. Justin Gracieux, Founder/President wMew-04M] WaTMETWO i 1K F 'V 1• TO: Honorable Mayor and Members of the City Council �r HUB,0F THEE' FROM: Ron Garcia, Director of Community Development SAN GABRIEL DATE: April 5, 2023 o . QJAN„P�`���' SUBJECT: Housing Element Progress Report 2022 Consideration for City Council approval of the City's Housing Element Progress Report for 2022, as required by the State of California Housing and Community Development Department (HCD). RECOMMENDATION It is recommended that the City Council receive and file the report and direct staff to forward copies to the California Department of Housing and Community Development (HCD) and the Governor's Office of Planning and Research (OPR). FISCAL IMPACT There is no fiscal impact resulting from this item. BACKGROUND Government Code Section 65400 requires an annual report be submitted to the City Council, the OPR, and the HCD. This report is to address the status of the City's General Plan and progress on tis implementation, the progress in meeting the City's share of regional housing needs, and local efforts to remove governmental constraints to the maintenance, improvement, and development of housing. The Housing Element is one of the seven mandatory elements required for the City's General Plan, and it specifies ways in which housing needs of existing and future resident populations can be met. State law requires that each city and county update their Housing Element on a pre -determined cycle. The 2014-2021 Housing Element is comprised of five sections: (1) Needs Assessment; (2) Housing Constraints; (3) Housing Resources; (4) Review of previous Accomplishments from the 2014-2021 Housing Element; and (5) the Housing Plan. The City's Regional Housing Needs Allocations are summarized in Table #1 below by income level. The number of units assigned to Baldwin Park for the 2021-2029 period was 2,001 housing units. It should be noted that the city is not required to construct these units, but rather plan for them through the Zoning Code development standards and the Housing Programs adopted as part of the 2021-2029 Housing Element. TABLE #1 CITY'S REGIONAL HOUSING NEEDS ALLOCATION 2021-2029 % OF COUNTY NUMBER OF PERCENTAGE OF TOTAL INCOME GROUP MFI* UNITS UNITS Above -Moderate Income 120%+ 887 44.3% Page 1 / 2 Moderate Income 81-120% 263 13.1 % Low Income 51-80% 275 13.7% Very Low Income 0-50% 576 28.7% TOTAL 2,001 100% The Housing Element Annual Progress Report (Attachment #1), is comprised of several tables, and summarizes activity that took place during the 2022 calendar year. Activity includes Housing Development Applications Submitted (summarized in Table #2 below), Annual Building Activity for new construction including entitled, permits, and completed units, Regional Housing Needs Allocation Progress for permitted units issued by affordability, and Program Implementation Status. In 2022, building permits were issued for 11 new housing units; 11 were comprised of Above -Moderate Income Accessory Dwelling Units (ADU). TABLE #2 BUILDING ACTIVITY 2022—NEW CONSTRUCTION % OF NUMBER OF NEW PERMITS TOTAL UNITS INCOME GROUP COUNTY' ISSUED BY REMAINING BY MFI* AFFORDABILITY INCOME LEVEL Above -Moderate 120%+ 11 838 Income Moderate Income 81-120% 0 263 Low Income 51-80% 0 275 Very Low Income 0-50% 0 576 TOTAL 11 1,952 Pursuant to California Government Code Section 65400, local governments shall prepare and provide an annual report on the progress of the City's Housing Element for the previous calendar year to the City Council, Office of Planning and Research (OPR), the Department of Housing and Community Development (HCD). LEGAL REVIEW None required ATTACHMENTS 1. Housing Element Progress Report for the 2022 Calendar Year Page 2/2 deed Restricted 0 Very Law Restricted Deed Restricted Law Restricted Deed Restricted Ip . Moderate Restricted n . Above Moderate Total Units I I ,_ •.•. II Nate: Units serving extremely law -income households are included in the very law -income permitted units totals SFA SFD 2to4 5+ ADU MH Total Total Hausina Applications Submitted: Number of Proposed Units in All Applications Received: .: I t: Total Housing Units Approved: Total Hausina Units disaMroved: 1 ___.. Number of Applications For Streamlining 1''""' • .,<.1 Number of Streamlining Applications Approved ... °' Total developments Approved with Streamlining Total Units Constructed with Streamlining ___..... Very Law Law Moderate Above Moderate Total Table B Regional Housing Needs Allocation Progress Permitted Units Issued by Affordability 1 2 3 4 TOW Units NEON= ��MMIMIIMIIMIMMMIIMIIMIMIM Total Units to Total Units NEON= MEN= Date Remaining ITEM NO. 13 Im FROM: � .SAN GABR.IEL 2 VALLEY� �p�O�''gDJANUP y DATE: Honorable Mayor and Members of the City Council Enrique C. Zaldivar, City Manager Ron Garcia, Director of Community Development Imelda Delgado, Housing Manager April 5, 2023 SUBJECT: POTENTIAL PARTNERSHIP WITH CHIRLA (Coalition of Humane Immigrant Rights of Los Angeles) For Administrative and Legal Assistance for Tenants and Landlords in the City of Baldwin Park SUMMARY With Governor Newsom's Emergency Order for COVID-19 of March 4, 2020, several provisional regulations pertinent to residential rental agreements went into effect. Some of the most significant regulations were a moratorium on evictions for non-payment of rent; a moratorium on evictions for no- fault evictions; and a moratorium on rent increases. The Governor's Emergency Order ended on February 28, 2023. The County Board of Supervisors extended their own Emergency Order which has jurisdictional authority over the cities in the County thru March 31, 2023. City Staff is in negotiations with CHIRLA to assist the City with addressing and resolving issues between tenants and landlords inherent to the application of state, county, and local regulations. RECOMMENDATION It is recommended that the City Council 1. Receive and file this Staff Report in as much as it is for information only. FISCAL IMPACT Negotiations with CHIRLA are at the preliminary stage. CHIRLA has a multiplicity of pre-existing funding sources that they have indicated they can leverage for the benefit of residents throughout the County of Los Angeles, and at no cost to the City. However, we are also looking to include a dedicated service component specifically for the City of Baldwin Park which will be at a cost to be paid by the General Fund. BACKGROUND In October of 2021, the City retained the services of the Neighborhood Legal Services of Los Angeles County (NLSLA) to assist tenants and landlords in resolving disputes on the application of regulations under the COVID-19 Emergency Orders and other regular rent regulations. NLSLA partnered with other public interest organizations like LA Voice to more effectively reach out to the rental community. The contract agreement with NLSLA was funded by a $50,000 public service grant by the Department of Housing and Urban Development (HUD)- CDBG Covid-19 allocation. NLSLA contract expired at the end of February 2023. Page 1 / 2 DISCUSSION Having the capacity and ability to provide assistance to tenants and landlords in ensuring that their contractual relationship is in compliance with state, county, and local regulations, is a priority for the City Council. For many tenants, a large portion of their income goes toward paying the rent, and any increase can often times can affect their ability to afford the rent. Similarly, landlords play a crucial role in providing available rental housing stock for the city's tenant community. Ensuring that this rental relationship is conducted in conformance with the applicable regulations is where the City plays an important role. Staff is working a prospective partnership with CHIRLA to help the City in providing assistance to tenants and landlords in interpreting and correctly applying the regulations. Assuming that the negotiations with CHIRLA are successful, Staff anticipates presenting a recommendation to City Council within thirty days LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. None Page 2/2 ITEM NO. 14 STAFF REPORT ALD��ti TO: Honorable Mayor and Members of the City Council ...... FROM: Enrique C. Zaldivar, City Manager 'sA" RiE�. DATE: April 5, 2023 y e, �,vALEY�y' a Q;AN„P�'���' SUBJECT: Adoption of Resolution No. 2023-006 for City Council Appointments of Official Representatives and Alternates to Various Agencies/Organizations. SUMMARY City Council official representation in several agencies and organizations where the City is a Member by action of the City Council where representatives and alternates are appointed by the City Council by Resolution. The 2023-2025 resolution is herein presented for approval. RECOMMENDATION It is recommended that the City Council nominate and appoint by a roll -call vote the official designated representatives and alternates and adopt Resolution No. 2023-006, the names of selected delegates will be added to the Resolution in a final format with the certified votes and appropriate signatures. FISCAL IMPACT None. BACKGROUND Maintaining an active and participatory engagement in regional government affairs is paramount to the furtherance of the business interest of the City. Sharing and learning of best practices in city government is part and parcel of the participation in the many organizations that the City is a member in good standing. The City is a member of regional government districts like the LA County Sanitation Districts and the San Gabriel Valley Mosquito and Vector Control District where our membership is obligatory. DISCUSSION One new organization is added to the list of organizations: the Community Collaborative Committee, a joint committee made up of the City of Baldwin Park and the Baldwin Park Unified School District (BPUSD). In previous years, this group had been unofficially referred to as the 2 plus 2 Committee. It had been mostly dormant for the last three years, it is the intent of both entities to fully reactivate it with so many areas of collaboration and mutual interests at hand, under the official name of the Community Collaborative Committee (CCC). While the City had participated in it in the past, the official designation of the City Council delegates had not been included in the resolution, until now. This Committee is itemized as Section 14., the listed appointees, Councilmember Damian as Representative and Mayor Estrada as Alternate were approved and appointed as Resolution No. 2023-003 at the March 15, 2023 City Council meeting by a 4-0 Vote. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2023-006 Official Representatives and Alternates for 2023-2025. Page 2 / 2 RESOLUTION NO. 2023-006 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY WHEREAS, it is the Council's desire to review and/or amend the existing appointments; and WHEREAS, Resolution No. 2020-065 adopted December 16, 2020 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. Resolution No. 2023-003 Section 14 was adopted February 15, 2023. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association — Quarterly luncheon held in various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Council Member Paul C. Hernandez Alternate: Ma or Emmanuel J. Estrada Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4th Wednesday at 1:30 p.m.; Joint Administration Office (MEMBERS RECEIVE A STIPEND — $125 per meeting) Existing Appointees New Appointees Representative: Mayor Emmanuel J. Estrada Alternate: Council Member Monica Garcia *Appointment of Mayor required by Sanitation District Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities — Los Angeles County Division — 1st Thursday at 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Council Member Ale'andra Avila Alternate: Council Member Daniel Damian Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership Meeting — 3rd Thursday at 8:30 a.m.; Area D Office (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Chief of Police Chief of Police Alternate: Mayor Emmanuel J. Estrada Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2nd Tuesday at 7:00 p.m.; rotating Council Chambers (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Council Member Paul C. Hernandez Alternate: Council Member Ale'andra Avila Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority — As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND — $150 per meeting) Existing Appointees New Appointees Representative: Council Member Daniel Damian Alternate: Chief of Police Chief of Police Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee — As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Mayor Emmanuel J. Estrada Alternate: Council Member Monica Garcia *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments — Annual Conference in the month of May (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Council Member Monica Garcia Alternate: Council Member Paul C. Hernandez Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone — Last Friday of the Month at 7:45 a.m.; Foothill Transit Administrative Offices (MEMBERS RECEIVE A STIPEND — $161 per meeting) Existing Appointees New Appointees Representative: Council Member Daniel Damian Alternate: Ma or Emmanuel J. Estrada Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the California Contract Cities Association (CCCA) — 3rd Wednesday at 6:00 p.m. in various locations (MEMBERS RECEIVE A STIPEND — No) Existing Appointees New Appointees Representative: Council Member Monica Garcia Alternate: Mayor Emmanuel J. Estrada Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Governing Board of the San Gabriel Valley Mosquito and Vector Control District-2"d Friday at 10:00 a.m. in the District Office (MEMBERS RECEIVE A STIPEND — $100 per meeting) Existing Appointees New Appointees Representative: Mayor Emmanuel J. Estrada Alternate: *Not required Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3rd Thursdays at 4:00 p.m. at the Foothill Transit Office (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees Representative: Mayor Emmanuel J. Estrada Alternate: Council Member Danny Damian Section 14. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Community Collaborative Committee — City of Baldwin Park and the Baldwin Park Unified School District — Meets on As Needed Basis (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Reactivate Committee Councilmember Daniel Damian Alternate: Reactivate Committee Mayor Emmanuel J. Estrada *New Appointees were appointed and adopted at the February 15, 2023 Council meeting by a 4-0 Vote. Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. PASSED, APPROVED, AND ADOPTED this 5t" day of April, 2023. gill IVA �111 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Christopher Saenz, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2023-006 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on April 5, 2023 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: CHRISTOPHER SAENZ CITY CLERK ITEM NO. 15 F 'v 1• TO: Honorable Mayor and Members of the City Council �r HUB,0F THEE' FROM: Sam Gutierrez, Director of Public Works SAN GABRIEL10 DATE: April 5, 2023 QJAN„PSUBJECT: Consider Approval of Professional Service Agreement with EcoTech Services, Inc. and The Home Depot, Inc. for the High Efficiency Toilet & Shower Head Replacement Program. SUMMARY This item will approve and authorize the award of a Professional Service Agreement (PSA) for the High Efficiency Toilet & Shower Head Replacement Program, in an amount not -to -exceed $600,000.00. The program consists of replacing up to 1500 high efficiency toilets and 1500 high efficiency shower heads. The City will be partnering with the Upper San Gabriel Valley Municipal Water District (USGVMWD), Metropolitan Water District (MWD) and Valley County Water District (VCWD) to replace old fixtures with new water efficient fixtures to qualifying Baldwin Park residents at no cost to them. The program will include a water smart home kit with new shower head provided by USGVWD and program rebates from MWD and VCWD to offset the cost of the program. RECOMMENDATION It is Staff's recommendation that the City Council: 1. Approve a Professional Services Proposal from EcoTech Services, Inc. of Azusa, CA, in the not - to -exceed amount of $450,000 for the High Efficiency Toilet & Shower Head Replacement Program and authorize the Mayor and City Clerk to execute the agreement; and, 2. Approve a materials procurement quote from The Home Depot, Inc. of Baldwin Park, CA, in the not -to -exceed amount of $150,000 for the High Efficiency Toilet & Shower Head Replacement Program and authorize the CEO and staff to negotiate a procurement agreement that fits the project budget to be executed by the Mayor and City Clerk; and, 3. Authorize the Director of Finance to appropriate $600,000 from ARPA Funds to Account # 275- 50-755-58100-55026 and to make the necessary budget adjustments. FISCAL IMPACT There is no impact to the General Fund. Funds for the High Efficiency Toilet & Shower Replacement program will come from Fund #275 — American Rescue Plan Act (ARPA) through the community set - aside allocated portion. The following table lists the estimated cost for the program: Pr r .... ... The Home Depot, Inc. not -to -exceed $150,000.00 EcoTech Services, Inc. not -to -exceed $450,000.00 Total Program Budget $600,000.00 f►... Arn u ARPA— Fund # 275-50-755-58100-55026 $600,000.00 Total Funding $600,000.00 Page 1 / 3 BACKGROUND In 2009 state legislation, Senate Bill X7-7, requires all water suppliers increase water use efficiency. The legislation set an overall goal of reducing per capita urban water use by 20%. And in an effort toward that goal, the City has established a High Efficiency Toilet & Shower Head Replacement Program. As part of the program, the City is proposing to purchase and install approximately 1,500 new high efficiency toilets and showerheads to replace older and inefficient toilets and shower heads for qualifying residents (tenants, homeowners, and landlords) interested in doing so. The City will offer the units and their installation at no cost to them. The City has also partnered with local water purveyors and districts who have committed to providing fixtures and rebates for the program. The program has the potential for significant water savings over the next 10 years, for example, a new high efficiency toilet can save approximately 170,820 gallons during the life of the unit (estimated at 3 people x 3 flushes/person/day from 6 gallons to 0.8 x 10 years) with minimal or no loss in performance depending on use. In addition to toilets, the program will also offer low -flow, water efficient showerhead units. Older showerheads use about 5 gallons of water per minute while newer ones can use 2.5 gallons. The proposed showerhead fixture for the program is rated at 1.5 gallons per minute. The potential water savings for this unit are approximately 87,600 to 306,600 gallons (estimated at 3 people x 8-minute shower x 365 days a year x 1 gallon per minute savings or 3.5 gallons per minute savings x 10 years). In addition to saving water, these low flow devices have added environmental benefits such as lessening the amount of wastewater flowing into treatment plants. DISCUSSION On January 19, 2022, Mayor Estrada requests City Council discussion and direction on citywide toilet replacement. On February 8, 2022, a Request for Proposals (RFP) was advertised by the City of Baldwin Park, inviting proposals for the purchase and installation of high efficiency toilets and new shower heads. On Feb 28, 2022, the City received proposals from The Home Depot, Inc. of Baldwin Park, CA. and from EcoTech Services, Inc. of Azusa, CA. Upon review of the proposals, staff determined that EcoTech Services was the most experienced firm for installation of the fixtures while The Home Depot, Inc. provided the best price for fixtures. Staff determined that it will be in the best interest of the City to purchase the fixtures from The Home Depot, Inc. and retain EcoTech Services, Inc. for the installation to save cost. In October 2022, the City reached out to both firms to revise and resubmit their proposals according to the revised scope for each. In November 2022, the City received revised proposals from both EcoTech Services, Inc. and The Home Depot, Inc. accordingly. Staff reviewed the proposals and based on the review, determined the most effective and cost savings approach would be move forward with both firms. On December 21, 2022, City Council held back the approval of the agreement with EcoTech Services and The Home Depot and directed staff to reach out to the various water companies in an effort to seek strategic partnerships and find ways to cooperative and contribute to the program. On January 26, 2023, City Staff held a meeting with several water companies to gauge their willingness in partnering with the City and join the program. Per the outcome of the meeting, the following items were agreed upon: 1. The Metropolitan Water District of Southern California (MWD) will provide $40 per toilet through their SoCal Water Smart rebate program. Page 2/3 2. Valley County Water District will match rebate funding awarded by MWD ($40/toilet) for each toilet replaced in their service area for a maximum contribution of $50,000. 3. Upper San Gabriel Valley Municipal Water District will provide a water smart home kit worth $250. This kit is filled with variety of water conservation and leak detection items, including showerhead, shower start, rainbird nozzles, rainbird pressure regulated sprinklers, sink aerator, toilet supply line and more. And since the kit is providing the shower head as part of the kit, the City will save $23.98 per shower head or approximately $42,000 lieu of purchasing the units. 4. The City of Baldwin Park agreed to change the proposed toilet rated at 1.28 gallons per flush with a unit that meets the maximum requirement of 1.1 gallons per flush. 5. EcoTech agreed to reduce their installation cost from $250 per toilet to $225, for a savings of $25 per toilet. If approved, the High Efficiency Toilet and Shower Head Replacement program is expected to launch in June 2023 and continue through December 2024 while supplies last. In order to reach as many residents as possible the launch will be accompanied by a sizeable marketing effort that includes publishing on the City's social media outlets, the Baldwin Park Now newsletter, City website, bus shelter kiosks, and an explainer video promoting the program. ALTERNATIVES The City Council may choose not to approve the program, reject all proposals and quotes, and re -circulate an RFP. This action is not recommended as new round of RFP's will delay the implementation of the program and may result in increased costs. 2. Provide Staff with alternate direction. CEQA REVIEW Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Draft Professional Service Agreement with EcoTech Services, Inc. based on final proposal 2. The Home Depot, Inc. Quote. Page 3/3 AGREEMENTFOR SERVICES This Agreement is entered into this day of April 2023 by and between the City of Baldwin Park ("CITY' EcoTeeh Services Inc. ("SERVICE PROVIDER"). RECITALS A. CITY has determined that it requires the following professional services from a SERVICE PROVIDER- EcoTech Services Inc SERVICE PROVIDER represents that it is fully qualified to perform such professional services by virtue of its experience ` d the training, education and expertise of its principals and employees. SERVICE PROVIDER further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and SERVICE PROVIDER agree as follows: I. DEFINITIONS A. "Scope of Services": Such professional services as are set forth in Exhibit A attached hereto and incorporated herein by this reference. B. "Approved Pee Schedule" Such compensation rates as are set forth in the fee schedule attached hereto as Exhibit E and incorporated herein by this reference, C, "Commencement Date": A 615 2023 D. "Expiration Date": Dece ber 31 2024 2. SERVICE PROVIDER'S SERVICES Scope of Services. Subject to the terms and conditions set forth in this Agreement, SERVICE PROVIDER shall perform the services identified in the Scope of Services. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. B. Time for Performance. SERVICE PROVIDER shall commence the services on the Commencement° Date and shall perforin all services in conformance with the project timeline set forth. This project shall be completed by December 31, 2024. C. Standard of Performance. SERVICE PROVIDER shall perform all word to the highest professional standards and in a manner reasonably satisfactory to CITY. SERVICE PROVIDER shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. I 3. REPRESENTATIVES A. C e ►resentati . For the purposes of this Agreement, the contract administrator d CITY's representative shall be the Director of Public Works, thereinafter the "City Representative"). It shall be SERVICE PROVIDER's responsibility to assure that the City Representative is kept informed of the progress ofthe performance of the services, and=SERVICE PROVIDER shall refer any decisions which must be made by CITY to the City Representative. Unless otherwise specified herein, any approval of CITY required hereunder shall mean the approval of the City Representative. . SERVICE PROVIDER Representative. For the purposes of this Agreement, is hereby designated as the principal and representative of SERVICE PROVIDER authorized to act on its behalf with respect to the services specified herein and :mare all decisions in connection therewith (the "Responsible Principal"). The Responsible Principal may not be changed by SERVICE PROVIDER without the prior written approval of CITY. 4. SERVICE PROVIDER'S EL A: SERVICE PROVIDER represents that it has, or will secure at its own expense, all personnel required to perform the services rewired under this Agreement. All such services will be performed by SERVICE PROVIDER or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable lava to perform such services. & SERVICE PROVIDER shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by CITY. C. In the event that the CITY, in its sale discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by SERVICE PROVIDER t perform services pursuant to this Agreement, SERVICE PROVIDER shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal o such person or persons: D. SERVICE PROVIDER shall be responsible for payment of all employees' and subervice Providers' gages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. E. Permits and Licenses. SERVICE PROVIDER shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Baldwin Park business license. 2 5. FACILITIES AND EQUIPMENT Except as otherwise authorized by CITY in writing,SERVICE PROVIDER shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 6. TERMS F AGREEMENT This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 18 herein. 7, COMPENSATION A CITY agrees to compensate SERVICE PROVIDER for the services provided under this Agreement, and SERVICE PROVIDER agrees to accept in full satisfaction for such services, a sum not to exceed Four Hundred Fifty [housand (4 0 ) payable as earned during the Project in accordance with Exhibit B. The compensation payable hereunder includes all professional services. Payments shall be made in accordance with Section 8 herein. CITY shall not withhold applicable federal or state payroll or any other required taxes, or other authorized deductions from each payment made to SERVICE PROVIDER. No claims for compensation in excess of the not - to -exceed amount for the Project as shown in Exhibit E will be allowed unless such additional compensation is authorized by CITY in writing. All requests for compensation in excess of the not -to -exceed amount must be submitted to and approved by the City Representative. , E. The amount set forth. in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement. C. Additional Services. No clairns for additional services performed by SERVICE PROVIDER ER which are beyond the scope set forth in Exhibit A will be allowed unless such additional work; is authorized by CITY in writing prier to the performance of such services. Additional services, if any are authorized, shall be compensated can a time and materials basis using SERVICE PRO IDER's Approved Fee Schedule (Exhibit A). Fees for such additional services shall be paid within thirty ) days of the date SERVICE PROVIDER issues an invoice to CITY for such services. METHOD8. F PAYMENT SERVICE PROVIDER shall subunit to CITY an invoice, on a: monthly basis, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount clue. Such itemizations shall include the days worked, number of hours worked, and authorized reimbursable expenses incurred with appropriate back- up documentation and receipts evidencing the authorized expenses, if any, for each day in the period and ,shall separately describe any additional services authorized by CITY. Any invoice claiming compensation for additional services shall include appropriate documentation of CITY's prior authorization. ''Within ten (10) business days of receipt of each invoice, CITY shall notify SERVICE PROVIDER in writing of any disputed amounts included can the invoice. Within thirty 0) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included can the invoice up to the maximum amount sett forth in Section 7. 3 9. OWNERSHIP OF WORK PRODUCT All reports, documents or otherwritten material ("written products") developed by SERVICE PROVIDER in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. SERVICE PROVIDER may take and retain such copies of the written products as desired, but no such written products shall be the subject of a copyright application by SERVICE PROVIDER. 10. TRAVEL REIMBURSEMENT Travel required by SERVICE PROVIDER or any S BSERVICE PROVIDER or subcontractor pursuant to this Agreement shall not be a reimbursable expense. I1: INDEPENDENT CONTRACTOR SERVICE PROVIDER will act hereunder as an independent contractor. This Agreement shall not and is not intended to constitute SERVICE PROVIDER as an agent, servant, or .employee f CITY and shall not and is not intended to create the relationship of partnership, joint venture or association between CITY and SERVICE PROVIDER. 1. CONFIDENTIALITY All data, documents, discussion, or other information developed or received by SERVICE PROVIDER or provided for performance of this Agreement are deemed confidential and shall not be disclosed by SERVICE PROVIDER without prior written consent by CITY. CITY shall grant such consent if disclosure is legally required or necessary to provide the services under this Agreement. All CITY data shall be returned to CITE' upon the termination of this agreement. SERVICE PR VIDER's covenant under this Section shall survive the termination of this ; Agreement. 13. CONFLICTS OF INTEREST SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with SERVICE PROVIDER in connection with this project. SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. SERVICE PROVIDER agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that SERVICE PROVIDER executes in connection with the performance of this Agreement. 1. INDEMNIFICATION A. To the full extent permitted by law, SERVICE PROVIDER shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage clue to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice. The parties understand and agree that the duty of SERVICE PROVIDER to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. SERVICE PROVIDER’S obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. SERVICE PROVIDER expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, agents, employees and volunteers. B. C.SERVICE PROVIDER agrees to obtain executed indemnity agreements with provisions identical to those in this Section from each and every subcontractor or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. In the event SERVICE PROVIDER fails to obtain such indemnity obligations for the benefit of CITY, SERVICE PROVIDER agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of CITY’s choice. CITY does not, and shall not, waive any rights that it may possess against SERVICE PROVIDER because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. SERVICE PROVIDER agrees that SERVICE PROVIDER’S covenant under this Section shall survive the termination of this Agreement. D. SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to indemnify and hold CITY harmless from any and all taxes, assessments, penalties, and interest asserted against CITY by reason of the independent contractor relationship created by this Agreement. SERVICE PROVIDER shall fully comply with the workers’ compensation laws regarding SERVICE PROVIDER and SERVICE PROVIDER’S employees. SERVICE PROVIDER further agrees to indemnify and hold CITY harmless from any failure of SERVICE PROVIDER to comply with applicable workers’ compensation laws. CITY shall have the right to offset against the amount of any fees due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER’S failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. E. 5 I . INSURANCE A. SERVICE PROVIDER. shall at all tines during the term of this Agreement carry, maintain, and keep in full fare and effect, insurance as follows. 1. Commercial General Liability Insurance with minimum limits of Two Million Dollars ( , 00,000), for each ;occurrence and in the aggregate for any personal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars; ( 1,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of California. 4 Professional Liability Insurance with a minimum limit of One Milligan Dollars ( 1,000,000) per occurrence. B. SERVICE PROVIDER shall require each of its sub -SERVICE PRO IDERs or subcontractors to maintain- insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at lust A;VII in the latest edition of est's Insurance Guide. D. SERVICE PROVIDER agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this .Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at SERVICE PROVIDER'S expense, the premium thereon. E. Prior to commencement of work under this Agreement, SERVICE PROVIDER VIDER shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance "policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. ; P. SERVICE PROVIDER shall provide proof that policies of insurance expiring during the tenn of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two creeks prior to the expiration of the coverages. G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty"(30) days' prior written notice to CITY. SERVICE PROVIDER agrees to rewire its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail 6 written notice of cancellation imposes no obligation, and to delete the word `endeavor" with regard to any notice provisions. H. e insurance provided by SERVICE PROVIDER shall be primary to any other coverage available to CITE'_ Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of SERVICE PROVIDER's insurance and shall not contribute with it. I. .All insurance coverage provided pursuant to this Agreement shall not prohibit SERVICE PROVIDER, and SERVICE PROVIDER's employees, agents, subcontractors; or volunteers from waiving the right of subrogation prior to a loss. SERVICE PROVIDER hereby waives all rights of subrogation against CITY. J. Any deductibles or self -insured retentions must be approved by CITY. At the option of CITY, SERVICE PROVIDER shall either reduce or eliminate the deductibles or self - insured retentions with respect to CITY, or SERVICE PROVIDER shall procure a bond guaranteeing payment of losses and expenses. K. If SERVICE PROVIDER is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. L. Procurement of insurance by SERVICE PROVIDER shall not be construed as a limitation of SERVICE PROVIDER's liability or as full performance of SERVICE PROVIDER's duties to indemnify, hold harmless " d defend under Section. 14 of this Agreement. 16. NWTUAL COOPERATION A. CITY shall provide SERVICE PROVIDER with all pertinent data, documents and other requested information as is reasonably available for the proper performance of ?SERVICE PROVIDER's services. 13. In the event any claim or action is brought against CITY relating to SERVICE PROVIDER's performance in connection with this :Agreement, SERVICE PROVIDER shall render any reasonable assistance that CITY may requite. 17. RECORDS AND INSPECTIONS SEIZVICCE, PROVIDER shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three ( years. CITY shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to male transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. . TERMINATION OF AGREEMENT A CITY shall have the right to terminate this Agreement for any reason or for no reason on five (5) calendar days' written notice to SERVICE PROVIDER. SERVICE PROVIDER shall lave the right to terminate this Agreement for any reason or no reason on sixty ( calendar 7 days" written notice to CITE". SERVICE PROVIDER agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted products up to the date of receipt of written notice of termination shall become the property of CITY. B. In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by SERVICE PROVIDER, SERVICE PROVIDER shall be -paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall SERVICE PROVIDER be entitled to receive more than the amount that would be paid to SERVICE PROVIDER for the full performance of the services required by this Agreement. 9. FORCE MAJEURE SERVICE PROVIDER shall not be liable for any failure to perform if SERVICE PROVIDER presents acceptable evidence, in CITY's sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence of SERVICE PROVIDER, ® NOTICES .Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: ;(a) the day of delivery if delivered by hand or overnight courier service during SERVICE PR.t`Vl ER's and CITY's regular business hours; o (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY; If to SERVICE. PROVIDER; Attn: Sara Gutierrez Attn: Malcolm McLaren Director of Public Works President Cit of Baldwin Park EcoTech Services; Inc. 1,4403 E. Pacific Avenue 816 N. Todd Ave. Baldwin Park, CA 91706 Azusa, CA 910702 Telephone: 626) g 13-5251 Telephone: (626) 733-26 6 -mail. 5 gtis rrqz(4!bpLd°��� cic.c� wa �x���? � ca c r o.c t c( ► is ,tt With a courtesy copy to; Marco A. Martinez, City Attorney Best Best & Kreger LLP 18 101 Von Karman Ave, Irvine, C:, 92612 Telephone; (949) 26 -65 2 21. NON-DISCRIMINATION AND EQUAL EMPLOYMENT P IT'Y In the performance of this Agreement, SERVICE PROVIDER; shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. SERVICE PROVIDER. will take 8 affirmative action to ensure that subcontractors and applicants are employed, and that employees e treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition; or sexual orientation. 22. PROHIBITION AGAINST ASSIGNMENT SERVICE PROVIDER shall net delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without ITY's prior written consent, and any attempt to do so shall be void and of no effect. CITY shall net be obligated or liable tinder this Agreement to any party other than SERVICE PROVIDER. 23. A EY'S FEES In the event that CITY or SERVICE PROVIDER commences any legal; action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attor ey's fees. . ENTIRE AGREEMENT All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any ;document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and SERVICE PROVIDER with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and SERVICE PROVIDED. 25. IN LAW; JURISDICTION This Agreement shalt be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. 4 SEVERABILITY Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law.. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. 7. CAPTIONS e captions used in this Agreement are solely for reference and- the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. 9 . EXECUTION This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF,'the parties have executed this Agreement as of the date first written above. ECOTECH SERVICES, INC. CITY OF BALDWIN PARK By. By: Malcolm Me ren Emmanuel T. Estrada President Mayor, City of Baldwin Park Date: Date: APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Shirley Quinones Marco A. Martinez Chief Deputy City Clerk City Attorney Date: Date: 10 Customer Quote 2/08/2023, 11:25 AM PST Sales Person AVO1 Q58 Store Phone # (626) 813-7131 Store # 6663 Location 3200 PUENTE AVENUE, BALDWIN PARK, CA 91706 Customer Information ROMANY BASILYOUS (323)472-0716 RBASILYOUS@BALDWINPARK.COM IN. Delivery V Delivery Address 816 N Todd Ave Azusa, CA 91702 CITY OF BALDWIN PARK 14403 PACIFIC AVE BALDWIN PARK, CA 91706 Niagara Stealth 2-piece 0.8 GPF Ultra -High -Efficiency Single Flush Elongated Toilet in. White, Seat Included DISCOUNT $21.00 OFF EACH DISCOUNT $19.00 OFF EACH Prices Valid Through: 02/15/2023 at The Home Depot #6663 Delivery Options HD Supply MRO 111111111 IN 11 IN I III 11111111111111111111111111 PO / Job Name mro toilets Delivery Date 5 Days 1001263564 1500 $255,000.00 $170.00 / each Subtotal $315,000.00 .............................................................. ._.. Discounts-$601000.00 Sales Tax $26,137.50 I--,-,-----".................. ........- ............... QuoteTotal $281,137.50 Page 1 of 1 I We reserve the right to limit the quantities of merchandise sold to customers. ITEM NO. 16 F 'v 1• TO: Honorable Mayor and Members of the City Council �r HUB,0F THEE' FROM: Rose Tam, Director of Finance SAN GABRIEL10 DATE: April 5, 2023 o . QJAN„P�`���' SUBJECT: Fiscal Year 2022-23 Mid -Year Budget Presentation The purpose of this report is to provide City Council with the mid -year budget performance and a projection for the remainder of the fiscal year. RECOMMENDATION It is recommended that the City Council 1. Review the mid -year analysis and approve the mid -year revenue and expenditure projections for the fiscal year ending June 30, 2023, and 2. Authorize the Director of Finance to complete all necessary budget amendments and appropriations. FISCAL IMPACT Based on the projections, the total General Fund revenues will be $38,448,748 and expenditures will be $38,406,122. The General Fund revenue exceeds expenditures resulting in an estimated surplus of $42,626. The General Fund revenue is projected to increase by $4,055,523 from the original adopted budget and expenditures to increase by $4,090,386. The total Special Revenue and Other Funds revenues will be $70,454,615 and expenditures will be $92,419,445 which includes all capital improvement projects and ARPA funded projects. BACKGROUND A mid -year budget review is a tool that provides City Council and staff an opportunity to review the status of the current budget and determine if any mid -course adjustments are necessary. Additionally, the City's Fiscal Accountability Policy states that a mid -year budget review is to be prepared by staff and presented to the City Council. The mid -year budget report estimates the revenues, expenditures, and projected fund balances at the end of the fiscal year ending June 30, 2023. The original adopted General Fund revenues were $34,393,225 and are revised to $38,448,748. Based on better-than-expected revenues received as of March 2023, we project the total revenues will increase by $4,055,523. The increases in revenues are mainly from sales tax, property tax, property tax in lieu of VLF, vehicle license fees, construction related permit fees and engineering fees. The increase includes a one-time transfer -in of $1,825,000 from BPROUD to reimburse the General Fund for prior expenses. There is a projected decrease of $430,275 transfer -in from cannabis fees. The original adopted General Fund expenditures were $34,315,735 and are revised to $38,406,122 with an increase of $4,090,386. The increases in expenditures are mainly from adding additional staff and part-time wage adjustments for operational needs, bringing back events and providing assistance to the residents and community. In addition, the City also unfroze seven police officers and added more staff to the police department to a safer community. The other increases included costs related to the Measure BP ballot initiative and increase in fees from Los Angeles County Animal Control. Page 1 / 2 In this mid -year presentation, we have also included a budget for capital improvement projects (CIP). Detail of updates will be presented to the City Council. The Executive Team and City staff will continue to monitor and control expenditures and strive to seek additional revenues. We will continue to provide assistance to the City Council as we work together towards a better future for the citizens and business owners of Baldwin Park. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Fiscal Year 2022-2023 Projected Fund Balance at June 30, 2023 (including projected revenues and expenditures) Page 2/2 City of Baldwin Park Fiscal Year 2022-2023 Projected Fund Balance at June 30, 2023 (Includes Midyear and CIP Adjustments) Fund Fund Description General Fund: 100 General Fund 200 Future Development Fund 210 Community Enhancement Fund Subtotal - General Fund Internal Services Funds: 401 Information and Support Services 402 Fleet Services 403 Internal Insurance 404 Capital Equipment Subtotal - Internal Services Funds Special Restricted, Funds: 205 Federal Asset Forfeiture 206 State Asset Forfeiture 207 Local Law Enforcement Block Grant 208 Law Enforcement Development Impact 209 AB74 Public Safety Enhancement 220 Community Development Block Grant 221 H.O.M.E. (Home Investment Partnership Program) 222 CAL Home 223 Economic Development Act Revolving Loan 230 AB1693 Business Improvement Fees 231 Air Quality Management 232 Residential Development Fee 233 Economic Development Grant 234 Park Fees (Quimby Act) 235 General Plan Fees 236 Public Art Fees 237 Cannabis Mitigation Fee 240 Gasoline Tax 241 Surface Transportation Program 242 Traffic Congestion Relief 243 Bicycle and Pedestrian Safety 244 Proposition A 245 Proposition C 246 AB939 Integrated Waste Management 247 Oil Recycling Grant 249 Storm Drains NPDS 250 Assessment District 251 Street Lighting and Landscape 252 Parks Maintenance Assessment District 253 Proposition A - Parks 254 Measure R Local Return 255 Measure M 256 SB 1 Road Repair & Accountability 257 Traffic Mitigation Fees 258 Measure W 259 Measure H 260 Summer Lunch Program 270 Grants Fund 271 Police Grants Fund 275 American Rescue Plan Act 278 Measure W Grant 280 Cooperative Agreements Contributions 301 Building Reserve 450 BPROUD Utility District Subtotal Special Funds Unaudited 2023 2023 2023 2023 Projected Fund Balance Projected Projected Projected Projected Fund Balance 06/30/2022 Revenues Transfers In Expenditures Transfers Out 06/30/2023 41,268,384 36,033,248 2,415,500 37,468,297 937,825 41,311,010 5,871,365 52,360 95,029 1,750,381 - 4,268,373 215,029 100,000 - - - 315,029 $ 47,354,778 $ 36,185,608 $ 2,510,529 $ 39,218,677 $ 937,825 $ 45,894,411 505,365 1,190,676 - 1,188,676 - 507,365 747,493 965,399 1,049,757 663,135 9,695,915 4,454,786 4,437,511 9,713,190 2,680 - - 2,680 $ 10,951,452 $ 6,610,861 $ $ 6,675,944 $ $ 10,886,369 127,279 102,708 24,572 54,783 - 54,783 15,288 - - 15,288 196,133 20,600 137,440 79,293 150,355 - - 150,355 110,289 1,354,662 1,313,467 151,484 6,990,061 3,042,073 3,006,340 7,025,794 157,850 100 - 157,950 106,716 130,200 217,008 19,908 186,415 188,000 132,548 241,868 4 4 542 - - 542 2,438,879 190,000 2,051,006 577,872 776,714 160,000 423,821 512,893 455,726 61,500 30,000 487,226 (17,331) 450,000 23,811 337,500 71,358 (138,905) 2,193,573 1,938,007 - 116,661 (73,439) 999,452 1,000,000 (73,987) - 135,963 135,962 - 504,091 2,120,970 2,070,861 554,200 1,345,843 1,539,658 2,334,726 550,776 86,167 337,000 489,177 (66,010) 19,401 10,000 23,082 6,319 146,079 59,116 95,100 110,095 395,242 12,630 - 407,872 1,003,671 1,787,330 17,000 2,597,171 210,830 72,757 862,236 115,615 981,994 68,614 (3,950) 60 141,659 137,770 0 780,892 1,155,979 - 1,051,803 885,068 198,003 1,307,159 3,760,424 4,228,220 589,669 447,697 501,769 1,733,913 - 2,547,379 - (311,697) (10,676) 12,600 - 1,924 2,628,762 9,233,530 2,910,344 8,951,948 (462,929) 976,425 487,121 26,376 - 30,991 30,991 - (1,917,889) 3,896,285 - 16,232,335 (14,253,940) 70,145 198,301 261,143 7,303 8,241,454 11,498,952 15,452,694 270,000 4,017,712 (368,735) 400,000 31,265 9,976 - - - 9,976 2,344,584 - 142,688 1,920,029 281,867 $ 27,122,017 $ 46,068,267 $ 4,065,689 $ 62,586,717 $ 3,117,198 $ 11,552,058 TOTAL GENERAL, INTERNAL SERV., & SPECIAL FUNDS: $ 85,428,247 $ 88,864,736 $ 6,576,218 $ 108,481,338 $ 4,055,023 $ 68,332,839 Attachment 1 Unaudited 2023 2023 2023 2023 Projected Fund Balance Projected Projected Projected Projected Fund Balance Fund Fund Description 06/30/2022 Revenues Transfers In Expenditures Transfers Out 06/30/2023 Financing Authority Funds: 601 Debt Service 36,030 - - 36,030 610 COP Lease Payment (60,114) 649,560 589,445 0 625 Gas Tax Debt Service 7 - - 7 635 BPFA/PM 2003 Tax AI1oc 32,774 32,774 637 BPFA/CBD 1990 Refunding Loan 142 142 650 Pension Obligation Bond 3,322 - 3,322 651 Pension Obligation Bond 2019 21,583 3,844,787 - 3,844,787 - 21,582 660 Measure M Rev Bond 6,697,024 - 589,669 589,669 3,760,424 2,936,600 Subtotal Financing Authority Funds $ 6,730,768 $ 3,844,787 $ 1,239,229 $ 5,023,901 $ 3,760,424 $ 3,030,459 Successor Agency Funds: 800 RDA Obligation Retirement Capital Projects 806 Sierra Vista Capital Prj Subtotal Capital Projects Debt Service 838 BP Merged 2000 Refinance Subtotal Debt Service Low/Mod Housing 890 Low/Mod Income Housing Subtotal Low/Mod Housing TOTAL SUCCESSOR AGENCY FUNDS: Housing Authority 901 Housing Voucher Choice 902 Housing Authority American Rescue Plan Act 905 Public Housing 910 CIAP Subtotal Housing Authority Funds 1,851,402 95,949 95,956 1,851,395 $ 1,851,402 $ $ 95,949 $ 95,956 $ $ 1,851,395 28,181 1,083,915 974,511 95,949 41,636 $ 28,181 $ 1,083,915 $ $ 974,511 $ 95,949 $ 41,636 12,758,791 272,399 1,564,898 11,466,292 $ 12,758,791 $ 272,399 $ $ 1,564,898 $ $ 11,466,292 $ 14,638,374 $ 1,356,314 $ 95,949 $ 2,635,365 $ 95,949 $ 13,359,323 172,147 6,797,231 6,640,675 328,703 336,538 - 3,822 332,716 376,571 67,250 30,825 98,245 376,401 - 30,825 - - 30,825 - $ 885,256 $ 6,895,306 $ 30,825 $ 6,742,742 $ 30,825 $ 1,037,820 COMBINED GRAND TOTAL - ALL FUNDS $ 107,682,644 $ 100,961,142 $ 7,942,220 $ 122,883,347 $ 7,942,220 $ 85,760,440 Attachment 1 (Continued) Agenda April2023, • Chair Emmanuel J. Estrada Vice Chair Monica Garcia Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Daniel Damian Welcome to your Housing Authority Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the Board Members and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please Note: Electronic devices are to be turned off while meetings are in session. The City of Baldwin Park provides two ways to watch a Housing Authority meeting: In Person Online lu Audio streaming will be available at Most Housing Authority meetings take hops://www.youtube.com/channel/UCFLZO dDFRw59rhiDZ13Fq/featured?view as=subscriber place at City Hall, 14403 E. Pacific http.//baldwinpark.granicus.comNiewPublisher.php?view id=10 Ave., Baldwin Park, CA 91706 Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-4011. 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. Speaker cards are available at the podium and by request with the City Clerk. There is a three -minute speaking time limit. 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] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentsLq)baldwinpark.com. CALL TO ORDER ROLL CALL PUBLIC COMMUNICATIONS CONSENT CALENDAR PUBLIC HEARING 1. Baldwin Park Housing Authority's Public Housing Agency FY 2023-2024 Annual Plan It is recommended that the Baldwin :Park Housing Authority Board adopt the Public Housing Agency (PHA) FY 2023-2024 Annual Plan which includes the Violence Against Women Act (VAWA) Statement of Acknowledgement (Exhibit "E"); and approve Resolution No. HA 2023-002 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Exhibit "G"). CERTIFICATION I, Christopher Saenz, 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 30TH day of March 2023. Christopher Saenz 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 kromankbaldwinpark.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 34.1.02.1.04 ADA TITLE II) HaTMETWO TO: Chair and Members of the Housing Authority FROM: Ron Garcia, Director of Community Development 'SAN �AgR'e�.Imelda Delgado, Housing Manager o . JAN„P�'���' DATE: April 5, 2023 SUBJECT: Baldwin Park Housing Authority's Public Housing Agency FY 2023-2024 Annual Plan SUMMARY This report requests the Baldwin Park Housing Authority Board consider approval of the Public Housing Agency (PHA) FY 2023-2024 Annual Plan. RECOMMENDATION It is recommended that the Baldwin Park Housing Authority Board adopt the Public Housing Agency (PHA) FY 2023-2024 Annual Plan which includes the Violence Against Women Act (VAWA) Statement of Acknowledgement (Exhibit "E"); and approve Resolution No. HA 2023-002 establishing the adoption of the Plan as required by the U.S. Department of Housing and Urban Development (HUD) (Exhibit «G„ FISCAL IMPACT There is no impact to the General Fund. BACKGROUND Section 511 of the Quality Housing and Work Responsibility Act (QHWRA) of 1998 established the PHA Five Year and Annual requirements. The Five -Year PHA Plan describes the mission of the agency and the agency's long-range goals and objectives for achieving its mission. The Annual PHA Plan outlines its approach to managing programs and providing services for the upcoming year, including the Section 8 Housing Choice Voucher program. The Annual PHA Plan also serves as the annual application for grants to support improvements to public housing buildings. The following changes were made to the 2023-2024 Annual PHA Plan: 1. The Annual Contributions Contract (ACC) units changed from 899 to 913. 2. The PHA will issue 8 Project -Based Vouchers for three -bedroom units to the Tyler Valley Metro project located at 3637 and 3649 Tyler Avenue, El Monte, CA 91731. 3. The most recent fiscal year Public Housing Assessment System (PHAS) submission for the Baldwin Park Housing Authority received a substandard financial performance score. In order to receive operating funds from HUD for Public Housing and Housing Choice Voucher (Section 8) programs, the Housing Authority must also submit an Annual PHA Plan for each year under the Five - Year Plan. The FY 2023-2024 Plan is due to HUD by April 15, 2023. Resident Advisory Board: To ensure public input, a Resident Advisory Board (RAB) meeting was held on January 26, 2023. A Page 1 / 2 draft plan was provided to RAB members for review and comments. No comments were received. Public Notices and 45-day comment period: As required, a public notice was published in the San Gabriel Tribune informing the public that the FY 2023-2024 Annual PHA Plan, including the Statement of Consistency with the Consolidated Plan, proposed Capital Improvements, and other required supporting documents were available for public review. No comments have been received from the public regarding the Annual PHA Plan. ALTERNATIVES The City may decide not to adopt the Annual Public Housing Plan; in this case, the City would violate the HUD submittal requirements which mandate PHAs submit annually 75 days before the beginning of the new fiscal year. CEQA REVIEW Although the approval of the Annual PHA Plan is not subject to review under the California Environmental Quality Act (CEQA) Guidelines, all HUD -funded projects do require an Environmental Review under the National Environmental Policy Act (NEPA), which will be completed in accordance with HUD requirements. LEGAL REVIEW Legal review is not required for the approval of plans contemplated in this staff report by the BPHA. ATTACHMENTS 1. FY 2023-2024 Annual PHA Plan 2. Resolution No. HA 2023-002 Page 2/2 r VV LEY'; �`to JM4 Annual PHA Plan U.S. Department of Housing and Urban Development OMB No. 2577-0226 (Standard PHAs and Office of Public and Indian Housing Expires: 02/29/2016 Troubled PHAs) Purpose. The 5-Year and Annual PHA Plans provide a ready source for interested parties to locate basic PHA policies, rules, and requirements concerning the PHA's operations, programs, and services, and informs HUD, families served by the PHA, and members of the public of the PHA's mission, goals and objectives for serving the needs of low- income, very low- income, and extremely low- income families. Applicability. Form HUD-50075-ST is to be completed annually by STANDARD PHAs or TROUBLED PHAs. PHAs that meet the definition of a High Performer PHA, Small PHA, HCV-Only PHA or Qualified PHA do not need to submit this form. Definitions (1) High -Performer PHA — A PHA that owns or manages more than 550 combined public housing units and housing choice vouchers, and was designated as a high performer on both of the most recent Public Housing Assessment System (PHAS) and Section Eight Management Assessment Program (SEMAP) assessments if administering both programs, or PHAS if only administering public housing. (2) Srnall PHA - A PHA that is not designated as PHAS or SEMAP troubled, or at risk of being designated as troubled, that owns or manages less than 250 public housing units and any number of vouchers where the total combined units exceeds 550. (3) Housing Choice Voucher (HCV) Only PHA - A PHA that administers more than 550 HCVs, was not designated as troubled in its most recent SEMAP assessment and does not own or manage public housing. (4) Standard PHA - A PHA that owns or manages 250 or more public housing units and any number of vouchers where the total combined units exceeds 550, and that was designated as a standard performer in the most recent PHAS or SEMAP assessments. (5) Troubled PHA - A PHA that achieves an overall PHAS or SEMAP score of less than 60 percent. (6) Qualified PHA - A PHA with 550 or fewer public housing dwelling units and/or housing choice vouchers combined, and is not PHAS or SEMAP troubled. A. PHA Information. A.1 PHA Name: BALDWIN PARK HOUSING AUTHORITY PHA Code: CA120 PHA Type: ® Standard PHA ❑ Troubled PHA PHA Plan for Fiscal Year Beginning: (MM/YYYY): 07/01/2023 PHA Inventory (Based on Annual Contributions Contract (ACC) units at time of FY beginning, above) Number of Public Housing (PH) Units 12 Number of Housing Choice Vouchers (HCVs) 901 Total Combined Units/Vouchers 913 PHA Plan Submission Type: ® Annual Submission ❑Revised Annual Submission Availability of Information. PHAs must have the elements listed below in sections B and C readily available to the public. A PHA must identify the specific location(s) where the proposed PHA Plan, PHA Plan Elements, and all information relevant to the public hearing and proposed PHA Plan are available for inspection by the public. At a minimum, PHAs must post PHA Plans, including updates, at each Asset Management Project (AMP) and main office or central office of the PHA. PHAs are strongly encouraged to post complete PHA Plans on their official website. PHAs are also encouraged to provide each resident council a copy of their PHA Plans. A 45-Day Public Comment Period for the draft 2023 PHA Annual Plan will commence on January 30, 2023 and conclude on March 15, 2023. A Resident Advisory Board (RAB) virtual/ telephone meeting will be held on January 26, 2023 to receive public input for the draft 2023-2024 Annual Plan. The final draft will be presented to the BPHA Board of Commissioners for approval at the April 5, 2023 Board of Commissioners meeting. ❑ PHA Consortia: Check box if submitting a Joint PHA Plan and complete table below) Participating PHAs PHA Code Program(s) in the Consortia Program(s) not in the Consortia No. of Units in Each Program PH HCV Lead PHA: Page 1 of 6 form HUD-50075-ST (12/2014) B. Annual Plan Elements B.1 Revision of PHA Plan Elements. (a) Have the following PHA Plan elements been revised by the PHA? Y N ❑ ® Statement of Housing Needs and Strategy for Addressing Housing Needs ❑ ® Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. ❑ ® Financial Resources. ❑ ® Rent Determination. ❑ ® Operation and Management. ❑ ® Grievance Procedures. ❑ ® Homeownership Programs. ❑ ® Community Service and Self -Sufficiency Programs. ❑ ® Safety and Crime Prevention. ❑ ® Pet Policy. ❑ ® Asset Management. ❑ ® Substantial Deviation. ❑ ® Significant Amendment/Modification (b) If the PHA answered yes for any element, describe the revisions for each revised element(s): (c) The PHA must submit its Deconcentration Policy for Field Office review. 13.2 New Activities. (a) Does the PHA intend to undertake any new activities related to the following in the PHA's current Fiscal Year? Y N ❑ ® Hope VI or Choice Neighborhoods. ❑ ® Mixed Finance Modernization or Development. ❑ ® Demolition and/or Disposition. ❑ ® Designated Housing for Elderly and/or Disabled Families. ❑ ® Conversion of Public Housing to Tenant -Based Assistance. ❑ ® Conversion of Public Housing to Project -Based Assistance under RAD. ❑ ® Occupancy by Over -Income Families. ❑ ® Occupancy by Police Officers. ❑ ® Non -Smoking Policies. ®❑ Project -Based Vouchers. ❑ ® Units with Approved Vacancies for Modernization. ❑ ® Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). (b) If any of these activities are planned for the current Fiscal Year, describe the activities. For new demolition activities, describe any public housing development or portion thereof, owned by the PHA for which the PHA has applied or will apply for demolition and/or disposition approval under section 18 of the 1937 Act under the separate demolition/disposition approval process. If using Project -Based Vouchers (PBVs), provide the projected number of project based units and general locations, and describe how project basing would be consistent with the PHA Plan. PHA will issue 8 Project Based Vouchers for three bedroom units for the Tyler Valley Metro project located at 3637/3649 Tyler Avenue, El Monte, CA 91731. This project will be consistent with the admin plan, Chapter 17 Project Based Vouchers. B.3 Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulations, must be submitted by the PHA as an electronic attachment to the PHA Plan. B.4 Most Recent Fiscal Year Audit. (a) Were there any findings in the most recent FY Audit? Y N ® ❑ (b) If yes, please describe: For fiscal year 21/22 BPHA received a failing score for substandard financial performance. Page 2 of form HUD-50075-ST (12/2014) B.5 Progress Report. Provide a description of the PHA's progress in meeting its Mission and Goals described in the PHA 5-Year and Annual Plan. Baldwin Park Housing Authority (BPHA) has tried to reach 98% and will be converting HCV vouchers to PBV vouchers to increase and ensure we maintain a 98% to 100% rate. BPHA has been reviewing the expenditures and has implemented changes as necessary to the budget and expenses. BPl1A has utilized the resources and worked together with other cities to provide more services to its clients. BPHA provides families with census tracts at the time of admission to encourage them to move in low -poverty areas. New families have moved to some of the outside poverty areas due to BPHA outreaching to those owners. BPHA reviews SEMAP scores each year and implements new procedures accordingly. BPHA conducts staff meetings and trainings to inform staff of new regulations or procedures to reduce any error. BPHA is currently working to create additional housing opportunities by creating PBV vouchers. BPHA continues in improving the public housing through management and in process to convert to PBV vouchers. BPHA has continued the services with the Fair Housing Agency. BPHA ensures access regardless of race, color, religion, national origin, sex, familial status, and disability. This information is provided to all families. B.6 Resident Advisory Board (RAB) Comments. (a) Did the RAB(s) provide comments to the PHA Plan? Y N El (c) If yes, continents must be submitted by'the PHA as an attachment to the PHA Plan. PI-IAs must also include a narrative describing their analysis of the RAB recommendations and the decisions made on these recommendations. B.7 Certification by State or Local Officials. Form HUD 50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. B.8 Troubled PHA. (a) Does the PHA have any current Memorandum of Agreement, Performance Improvement Plan, or Recovery Plan in place? Y N N/A ❑❑® (b) If yes, please describe: C. Statement of Capital Improvements. Required for all PHAs completing this form that administer public housing and receive funding from the Capital Fund Program (CFP). C.l Capital Improvements. Include a reference here to the most recent HUD -approved 5-Year Action Plan (HUD-50075.2) and the date that it was approved by HUD. See attached HUD Form- 50075.2 approved by HUD on 02/28/2022 Page 3 of form HUD-50075-ST (12/2014) Instructions for Preparation of Form HUD-50075-ST Annual PHA Plan for Standard and Troubled PHAs A. PHA Information. All PHAs must complete this section. A.1 Include the full PHA Name, PHA Code, PHA Type, PHA Fiscal Year Beginning (MM/YYYY), PHA Inventory, Number of Public Housing Units and or Housing Choice Vouchers (HCVs), PHA Plan Submission Type, and the Availability of Information, specific location(s) of all information relevant to the public hearing and proposed PHA Plan. (24 CFR 4903.23(4)(e)) PHA Consortia: Check box if submitting a Joint PHA Plan and complete the table. (24 CFR §943.128(a)) B. Annual Plan. All PHAs must complete this section. B.1 Revision of PHA Plan Elements. PHAs must: Identify specifically which plan elements listed below that have been revised by the PHA. To specify which elements have been revised, mark the "yes" box. If an element has not been revised, mark "no." (24 CFR 003.7) ❑ Statement of Housing Needs and Strategy for Addressing Housing Needs. Provide a statement addressing the housing needs of low-income, very low-income and extremely low-income families and a brief description of the PHA's strategy for addressing the housing needs of families who reside in the jurisdiction served by the PHA. The statement must identify the housing needs of (i) families with incomes below 30 percent of area median income (extremely low-income), (ii) elderly families and families with disabilities, and (iii) households of various races and ethnic groups residing in the jurisdiction or on the waiting list based on information provided by the applicable Consolidated Plan, information provided by HUD, and other generally available data. The identification of housing needs must address issues of affordability, supply, quality, accessibility, size of units, and location. (24 CFR &903.7(a)(1)) Provide a description of the PHA's strategy for addressing the housing needs of families in the jurisdiction and on the waiting list in the upcoming year. (24 CFR §903.7(a)(2)(ii)) ❑ Deconcentration and Other Policies that Govern Eligibility, Selection, and Admissions. PHAs must submit a Deconcentration Policy for Field Office review. For additional guidance on what a PHA must do to deconcentrate poverty in its development and comply with fair housing requirements, see 24 CFR 903.2. (24 CFR &903.23(b)) Describe the PHA's admissions policy for deconcentration of poverty and income mixing of lower -income families in public housing. The Deconcentration Policy must describe the PHA's policy for bringing higher income tenants into lower income developments and lower income tenants into higher income developments. The deconcentration requirements apply to general occupancy and family public housing developments. Refer to 24 CFR §903.2(b)(2) for developments not subject to deconcentration of poverty and income mixing requirements. (24 CFR §903.7(b)) Describe the PHA's procedures for maintain waiting lists for admission to public housing and address any site -based waiting lists. (24 CFR §903.7(b)). A statement of the PHA's policies that govern resident or tenant eligibility, selection and admission including admission preferences for both public housing and HCV. (24 CFR 003.7(b)) Describe the unit assignment policies for public housing. (24 CFR §903.7(b)) ❑ Financial Resources. A statement of financial resources, including a listing by general categories, of the PHA's anticipated resources, such as PHA operating, capital and other anticipated Federal resources available to the PHA, as well as tenant rents and other income available to support public housing or tenant -based assistance. The statement also should include the non -Federal sources of funds supporting each Federal program, and state the planned use for the resources. ❑ Rent Determination. A statement of the policies of the PHA governing rents charged for public housing and HCV dwelling units, including applicable public housing flat rents, minimum rents, voucher family rent contributions, and payment standard policies. (24 CFR §903.7(d)) ❑ Operation and Management. A statement of the rules, standards, and policies of the PHA governing maintenance and management of housing owned, assisted, or operated by the public housing agency (which shall include measures necessary for the prevention or eradication of pest infestation, including cockroaches), and management of the PHA and programs of the PHA. (24 CFR 6903.7(e)) ❑ Grievance Procedures. A description of the grievance and informal hearing and review procedures that the PHA makes available to its residents and applicants. (,24 CFR �903.7(fl) ❑ Homeownership Programs. A description of any Section 5h, Section 32, Section 8y, or HOPE I public housing or Housing Choice Voucher (HCV) homeownership programs (including project number and unit count) administered by the agency or for which the PHA has applied or will apply for approval. (24 CFR §903.7(k)) ❑ Community Service and Self Sufficiency Programs. Describe how the PHA will comply with the requirements of community service and treatment of income changes resulting from welfare program requirements. (24 CFR §903.7(1)) A description of: 1) Any programs relating to services and amenities provided or offered to assisted families; and 2) Any policies or programs of the PHA for the enhancement of the economic and social self-sufficiency of assisted families, including programs under Section 3 and FSS. (24 CFR §903.7(1)) ❑ Safety and Crime Prevention. Describe the PHA's plan for safety and crime prevention to ensure the safety of the public housing residents. The statement must provide development -by -development or jurisdiction wide -basis: (i) A description of the need for measures to ensure the safety of public housing residents; (ii) A description of any crime prevention activities conducted or to be conducted by the PHA; and (iii) A description of the coordination between the PHA and the appropriate police precincts for carrying out crime prevention measures and activities. (24 CFR 4903.7(m)) A description of 1) Any activities, services, or programs provided or offered by an agency, either directly or in partnership with other service providers, to child or adult victims of domestic violence, dating violence, sexual assault, or stalking; 2) Any activities, services, or programs provided or offered by a PHA that helps child and adult victims of domestic violence, dating violence, sexual assault, or stalking, to obtain or maintain housing; and 3) Any activities, services, or programs Page 4 of 6 form HUD-50075-ST (12/2014) provided or offered by a public housing agency to prevent domestic violence, dating violence, sexual assault, and stalking, or to enhance victim safety in assisted families. (24 CFR 5903.7(m)(5)) ❑ Pet Policy. Describe the PHA's policies and requirements pertaining to the ownership of pets in public housing. (24 CFR 003.7(n)) ❑ Asset Management. State how the agency will carry out its asset management functions with respect to the public housing inventory of the agency, including how the agency will plan for the long-term operating, capital investment, rehabilitation, modernization, disposition, and other needs for such inventory. (24 CFR 5903.7(g)) ❑ Substantial Deviation. PHA must provide its criteria for determining a "substantial deviation" to its 5-Year Plan. ❑ Significant Amendment/Modification. PHA must provide its criteria for determining a "Significant Amendment or Modification" to its 5-Year and Annual Plan. Should the PHA fail to define `significant amendment/modification', HUD will consider the following to be `significant amendments or modifications': a) changes to rent or admissions policies or organization of the waiting list; b) additions of non -emergency CFP work items (items not included in the current CFP Annual Statement or CFP 5-Year Action Plan) or change in use of replacement reserve funds under the Capital Fund; or c) any change with regard to demolition or disposition, designation, homeownership programs or conversion activities. See guidance on HUD's website at: Notice PIH 1999-51. (24 CFR §9903.7(r)(2)(ii)) If any boxes are marked "yes", describe the revision(s) to those element(s) in the space provided. B.2 New Activities. If the PHA intends to undertake any new activities related to these elements in the current Fiscal Year, mark "yes" for those elements, and describe the activities to be undertaken in the space provided. If the PHA does not plan to undertake these activities, mark "no." ❑ Hope VI or Choice Neighborhoods. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for HOPE VI or Choice Neighborhoods; and 2) A timetable for the submission of applications or proposals. The application and approval process for Hope VI or Choice Neighborhoods is a separate process. See guidance on HUD's website at: hLtp://www.hud.gov/offices/12ih/programs/�h/hope6/index.cfm. (Notice PIH 2O10-30) ❑ Mixed Finance Modernization or Development. 1) A description of any housing (including project number (if known) and unit count) for which the PHA will apply for Mixed Finance Modernization or Development; and 2) A timetable for the submission of applications or proposals. The application and approval process for Mixed Finance Modernization or Development is a separate process. See guidance on HUD's website at: http://www.hud.gov/offices/pih/programs/Th/hope6/index.ofm. (Notice PIH 2010-30) ❑ Demolition and/or Disposition. Describe any public housing projects owned by the PHA and subject to ACCs (including project number and unit numbers [or addresses]), and the number of affected units along with their sizes and accessibility features) for which the PHA will apply or is currently pending for demolition or disposition; and (2) A timetable for the demolition or disposition. This statement must be submitted to the extent that approved and/or pending demolition and/or disposition has changed as described in the PHA's last Annual and/or 5-Year PHA Plan submission. The application and approval process for demolition and/or disposition is a separate process. See guidance on HUD's website at: http://www.hud.gov/offices/TilVcenters/sac/demo dispo/index.cfm. (24 CFR �903.7(h)) ❑ Designated Housing for Elderly and Disabled Families. Describe any public housing projects owned, assisted or operated by the PHA (or portions thereof), in the upcoming fiscal year, that the PHA has continually operated as, has designated, or will apply for designation for occupancy by elderly and/or disabled families only. Include the following information: 1) development name and number; 2) designation type; 3) application status; 4) date the designation was approved, submitted, or planned for submission, and; 5) the number of units affected. Note: The application and approval process for such designations is separate from the PHA Plan process, and PHA Plan approval does not constitute HUD approval of any designation. (24 CFR 6903.7(i)(C)) ❑ Conversion of Public Housing. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA is required to convert or plans to voluntarily convert to tenant -based assistance; 2) An analysis of the projects or buildings required to be converted; and 3) A statement of the amount of assistance received to be used for rental assistance or other housing assistance in connection with such conversion. See guidance on HUD's website at: hqp://www.hud.gov/offices-/pih/centers/sac/coiiversion.efin. (24 CFR §903.7(i)) ❑ Conversion of Public Housing. Describe any public housing building(s) (including project number and unit count) owned by the PHA that the PHA plans to voluntarily convert to project -based assistance under RAD. See additional guidance on HUD's website at: Notice PIH 2O12-32 ❑ Occupancy by Over -Income Families. A PHA that owns or operates fewer than two hundred fifty (250) public housing units, may lease a unit in a public housing development to an over -income family (a family whose annual income exceeds the limit for a low income family at the time of initial occupancy), if all the following conditions are satisfied: (1) There are no eligible low income families on the PHA waiting list or applying for public housing assistance when the unit is leased to an over -income family; (2) The PHA has publicized availability of the unit for rental to eligible low income families, including publishing public notice of such availability in a newspaper of general circulation in the jurisdiction at least thirty days before offering the unit to an over -income family; (3) The over -income family rents the unit on a month -to -month basis for a rent that is not less than the PHA's cost to operate the unit; (4) The lease to the over -income family provides that the family agrees to vacate the unit when needed for rental to an eligible family; and (5) The PHA gives the over -income family at least thirty days notice to vacate the unit when the unit is needed for rental to an eligible family. The PHA may incorporate information on occupancy by over -income families into its PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. See additional guidance on HUD's website at: Notice PIH 2O11-7. (24 CFR 960.503) (24 CFR 903.7(b)) ❑ Occupancy by Police Officers. The PHA may allow police officers who would not otherwise be eligible for occupancy in public housing, to reside in a public housing dwelling unit. The PHA must include the number and location of the units to be occupied by police officers, and the terms and conditions of their tenancies; and a statement that such occupancy is needed to increase security for public housing residents. A "police officer" means a person determined by the PHA to be, during the period of residence of that person in public housing, employed on a full-time basis as a duly licensed professional police officer by a Federal, State or local government or by any agency of these governments. An officer of an accredited police force of a housing agency may qualify. The PHA may incorporate information on occupancy by police officers into its PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. See additional guidance on HUD's website at: Notice PIH 2O11-7. (24 CFR 960.505) (24 CFR 903.7(b)) Page 5 of 6 form HUD-50075-ST (12/2014) ❑ Non -Smoking Policies. The PHA may implement non-smoking policies in its public housing program and incorporate this into its PHA Plan statement of operation and management and the rules and standards that will apply to its projects. See additional guidance on HUD's website at: Notice PIH 2O09-21. (24 CFR §903.7(e)) ❑ Project -Based Vouchers. Describe any plans to use Housing Choice Vouchers (HCVs) for new project -based vouchers, which must comply with PBV goals, civil rights requirements, Housing Quality Standards (HQS) and deconcentration standards, as stated in 983.57(b)(1) and set forth in the PHA Plan statement of deconcentration and other policies that govern eligibility, selection, and admissions. If using project -based vouchers, provide the projected number of project -based units and general locations, and describe how project -basing would be consistent with the PHA Plan. (24 CFR �903.7(b)) ❑ Units with Approved Vacancies for Modernization. The PHA must include a statement related to units with approved vacancies that are undergoing modernization in accordance with 24 CFR U90.145 a I . ❑ Other Capital Grant Programs (i.e., Capital Fund Community Facilities Grants or Emergency Safety and Security Grants). For all activities that the PHA plans to undertake in the current Fiscal Year, provide a description of the activity in the space provided B.3 Civil Rights Certification. Form HUD-50077, PHA Certifications of Compliance with the PHA Plans and Related Regulation, must be submitted by the PHA as an electronic attachment to the PHA Plan. This includes all certifications relating to Civil Rights and related regulations. A PHA will be considered in compliance with the AFFH Certification if: it can document that it examines its programs and proposed programs to identify any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with the local jurisdiction to implement any of the jurisdiction's initiatives to affirmatively further fair housing; and assures that the annual plan is consistent with any applicable Consolidated Plan for its jurisdiction. (24 CFR 4903.7(o)) BA Most Recent Fiscal Year Audit. If the results of the most recent fiscal year audit for the PHA included any findings, mark "yes" and describe those findings in the space provided. (24 CFR §903.7(0)) B.5 Progress Report. For all Annual Plans following submission of the first Annual Plan, a PHA must include a brief statement of the PHA's progress in meeting the mission and goals described in the 5-Year PHA Plan. (24 CFR 6903.7(r)(1)) B.6 Resident Advisory Board (RAB) comments. If the RAB provided comments to the annual plan, mark "yes," submit the comments as an attachment to the Plan and describe the analysis of the comments and the PHA's decision made on these recommendations. (24 CFR 4903.13(c), 24 CFR §903.19) B.7 Certification by State of Local Officials. Form HUD-50077-SL, Certification by State or Local Officials of PHA Plans Consistency with the Consolidated Plan, must be submitted by the PHA as an electronic attachment to the PHA Plan. (,24 CFR &903.15). Note: A PHA may request to change its fiscal year to better coordinate its planning with planning done under the Consolidated Plan process by State or local officials as applicable. B.8 Troubled PHA. If the PHA is designated troubled, and has a current MCA, improvement plan, or recovery plan in place, mark "yes," and describe that plan. If the PHA is troubled, but does not have any of these items, mark "no." If the PHA is not troubled, mark "N/A." (24 CFR §903.9) C. Statement of Capital Improvements. PHAs that receive funding from the Capital Fund Program (CFP) must complete this section. (24 CFR 903.7 (F)) C.1 Capital Improvements. In order to comply with this requirement, the PHA must reference the most recent HUD approved Capital Fund 5 Year Action Plan. PHAs can reference the form by including the following language in Section C. 8.0 of the PHA Plan Template: "See HUD Form- 50075.2 approved by HUD on XX/XX/XXXX." This information collection is authorized by Section 511 of the Quality Housing and Work Responsibility Act, which added a new section SA to the U.S. Housing Act of 1937, as amended, which introduced the S-Year and Annual PHA Plan. Public reporting burden for this information collection is estimated to average 9.2 hours per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Privacy Act Notice. The United States Department of Housing and Urban Development Is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. Page 6 of 6 form HUD-50075-ST (12/2014) 4 G & \ ) o § ) \ y m o / ± b CD k t CD 0 & / \ ( » ; & \ g \ \ ] ƒ \ � M 7 t % ¥ K ° �\ �\ S ) f ® 2 \ / toCD ~ < z PO E M - } a 0 ? / ƒ 7 Q ❑ G \ g \ ? / m r \ ¥ \ \ 2. § ¥ Q \ ^ } k } / ® CD/ ( R 2 ® / \ \ $) / ¥ ƒ § \ & Ulj /\ / m \ \ ƒ f } / � C � ƒ e § / 2 % \ q � « \ \ ~ / > \ % \ 0 \ \ CD % } � ( e \ ° 2 ) ° \ > \ ? » ƒ E K $ a ; / r n \ C \ � _ } \ eo % ( 2 � § \ � a \ / / M 2 u / / 2 8 \ n @ \®®$ CD \ \ \' \ < war R / ) CD\ C � f w 0 f C 2 \ $ CD � � ± \CD / � \ % \ � ( e / 0 k \ / � , k a / § n \ \ » a } � \ o \ B$ f 7�.\ \ § m « M y§ 5 t \ to \S/$ 66`\ \\/\ \ 0 0 N N O O 00 2 to w � I t17 �i N• CD �i C ;:t. o p b O CD 0 0 o' P. N r 00 O N O y N J 5• N 41 UQ T 6 \ � ( \ \ \ � 2 / ) � / } \ e ( g 0 p j ) k \ \ ( � , & / \ ƒ # . � k % t 91 9 171 0 p O J lJ N O O 00 0 0 0 ro G o' EXHIBIT °°A" Statement/Performance and Evaluation Report re UQ 0 0 �O W �l CT v� A W N r- ❑®`! ro l A W N o wCJ T3 T A �O A �O A tO A A --1 A A A C A tr A A A W A A A A O A O p C n a `� �O �.n N C» �.n cn J CDv, QA CD o O O v, r-� O oo a, d o o o d a c a (D d R Ra y) (rQ 0 v4 f 5 w o. m m Ts 5 w o o•Cl �° g v4 o n c a �' ct 5 a d C c o c a a p o a N dtz � t% � H CD a OO � 'L• O N W O ti• 0 CDCD a ❑ MM ^^ r C) 4l 4 0 CD Q• m 0 M 0 o• o a a ' 7 a o n O n p a, o o o �' n n n7 'rn o' o t:7 0 bn � a•� a`s U co .� a O b N O 0 q' J N v y m t�7 ❑❑ o a � a m � ru y m � c. tl1 p m r, m < p o' � � C o o " m a � 0 N vv � N 0 m N N N a rr O0 � o Gd U rS � p cY O N N' (D C;� UQ Le" t/] � 41 w N o0 0o r ❑®� o � xrox :� T m SOS O' y C r�9 G 0 00 ° o O B O O O O N o .� ❑ nCD O y O ."ti+ rOi O O O y "O L' N N N COD (OD �. �. CN ry 'I b y �..y O O O O O �. w m o y M (➢ 00 0 ] a a a nrT o° CS. b c t o CL 0 0 0 0 w C7 < o U 0 ° 0 o w er 0 p a CAD N N V1 n M 0 rn Upp�� C n O O M `O 0 UQ U�qq C M. C O s CD 0 C o n ClA. CL t3. O No C o. a N CA y °a b -fit b O O M o 0 ti C v V R eD O O O O O W O O O eD O 00 N v' O O O °9 o' m t/j o (tQ C � � m o a � �'d n o ❑ ❑ v' o < v A oil 171 1XI 171 C - -1 fD �L .`7 Cn ram' .Oi O O y � C3. p O N O N .7 'O O O O i C O b d a o. CD C)Ca R.a.� C 0 n � � UQ Q r�f � n O O UQ chi O A+ d a po x n O CD r O cn �d UQ 00 R �6 ETml UCD o o 0 o Nw 0 �l U4 PO UQ CD W r nn z�zro >� d �.(D �v O O N i to � N G� TQ d c v bIQ fD x' O O `d G U4 �3 O O O O. 'O W O �t O Q O CD CL �o � �z a � G (D n w 'S O O z z KD z a a a o b `C O O O, O W Cl O N N a' � < n CD O a 4 A CD Q7 ' N O N N X I CD cD O O T G M r >z d I C N z � y �jo G Z C1 CD9 b .may x CD UP d p O UQ O O �t 'O O o m CD adzes xo 0 < ro= �� o z UQ G CD r coo O n O p�j 'rnd `C O N O O O J UQ W W CD O 0 0- < C) CD in. d w 1-41 p a N O N N ITI I R- p O�J O C� O I Q Vl O -A 4 n b z� Y z� o o o 0� CD CD O O 6 CD � n 0 O C" CD o C: a � UQ 0 UQ o `+ N Sv W CD t >RL 9 In R n 5 tr7 R � O Q' � q UQ d y O Ar Q � a ro W O O � O N p � N N CL 10 � 'z7 � O P- C17 n(JTQ C'T3xD rn W N R W � CD C�. R. O O O y �-t O M C O �• �p N N a Uo CD C7 CD ti ti T 1 WR m M NOW z ("D z 0 CD C)43 CD . . CD �j tz CD CD CD 0 R. (Tq O UQ > T-1 C) CD t:3 > 0 m Ca. 0• > 0 0 TQ ID 0 0 CD CD am OQ (D la 0 CD ('D ID a. rL m I CD rt CD CD OIQ CD 11 :1 k A" ,_ ■ Civil Rights Certification Civil Rights Certification U.S. Department of Housing and Urban Development Office of Public and Indian Housing (Qualified PHAs) OMB Approval No. 2577-0226 Expires 3/31/2024 Civil Rights Certification Annual Certification and Board Resolution Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairperson or other authorized PHA official if there is no Board of Commissioners, 1 approve the submission of the 5-Year PHA Plan, hereinafter referred to as" the Plan", oftivhich this document is a part, and make the folloioing certification and agreements with the Department of Housing and Urban Development (HUD) for the fiscal year beginning 0710112023 in tiFhich the PHA receives assistance under 42 U.S.C. 1437f and/or 1437g in connection ivith the mission, goals, and objectives of the public housing agency and implementation thereof The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d4), the Fair Housing Act (42 U.S.C. 3601-19), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title II of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and other applicable civil rights requirements and that it will affirmatively further fair housing in the administration of the program. In addition, if it administers a Housing Choice Voucher Program, the PHA certifies that it will administer the program in conformity with the Fair Housing Act, title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act, and other applicable civil rights requirements, and that it will affirmatively further fair housing in the administration of the program. The PHA will affirmatively further fair housing, which means that it will take meaningful actions to further the goals identified in the Assessment of Fair Housing (AFH) conducted in accordance with the requirements of 24 CFR § 5.150 through 5.180, that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its programs, in accordance with 24 CFR § 903.7(o)(3). The PHA will fulfill the requirements at 24 CFR § 903.7(o) and 24 CFR § 903.15(d). Until such time as the PHA is required to submit an AFH, the PHA will fulfill the requirements at 24 CFR § 903.7(o) promulgated prior to August 17, 2015, which means that it examines its programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively farther fair housing that require the PHA's involvement; and maintains records reflecting these analyses and actions. Baldwin Park Housing Authority CA120 PHA Name PHA Number/HA Code I hereby certify that all the statement above, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Executive Director: Enrique Saldivar Date Name of Board Chairperson: Emmanuel Estrada Date The United States Department of Housing and Urban Development is authorized to collect the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. The information is collected to ensure that PHAs carry out applicable civil rights requirements. Public reporting burden for this information collection is estimated to average 0.16 howl per response, including the time for reviewing instructions, searching existing data sources, gathering, and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Previous version is obsolete Page I of 1 form HUD-50077-CR (3/31/2024) EXHIBIT 1°C" PHA Certification of =� 111111 zf,-4 F71ill Ilaa� v F-Tt =6 Certifications of Compliance with U.S. Department of Housing and Urban Development Office of Public and Indian Housing PHA Plan and Related Regulations OMB No. 2577-0226 (Standard, Troubled, HCV-Only, and Expires 3/31/2024 High Performer PHAs) PHA Certifications of Compliance with PHA Plan, Civil Rights, and Related Laws and Regulations including PHA Plan Elements that Have Changed Acting on behalf of the Board of Commissioners of the Public Housing Agency (PHA) listed below, as its Chairperson or other authorized PHA official if there is no Board of Commissioners, I approve the submission of the_ 5-Year and/or_ Annual PHA Plan, hereinafter referred to as" the Plan ", of which this document is a part, and make the folloiving certification and agreements with the Department of Housing and Urban Development (HUD) for the PHA fiscal year beginning 0710112023, in connection with the submission of the Plan and implementation thereof 1. The Plan is consistent with the applicable comprehensive housing affordability strategy (or any plan incorporating such strategy) for the jurisdiction in which the PHA is located (24 CFR § 91.2). 2. The Plan contains a certification by the appropriate State or local officials that the Plan is consistent with the applicable Consolidated Plan, which includes a certification that requires the preparation of an Analysis of Impediments (AI) to Fair Housing Choice, or Assessment of Fair Housing (AFH) when applicable, for the PHA's jurisdiction and a description of the manner in which the PHA Plan is consistent with the applicable Consolidated Plan (24 CFR § § 91.2, 91.225, 91.325, and 91.425). 3. The PHA has established a Resident Advisory Board or Boards, the membership of which represents the residents assisted by the PHA, consulted with this Resident Advisory Board or Boards in developing the Plan, including any changes or revisions to the policies and programs identified in the Plan before they were implemented, and considered the recommendations of the RAB (24 CFR 903.13). The PHA has included in the Plan submission a copy of the recommendations made by the Resident Advisory Board or Boards and a description of the manner in which the Plan addresses these recommendations. 4. The PHA provides assurance as part of this certification that: (i) The Resident Advisory Board had an opportunity to review and comment on the changes to the policies and programs before implementation by the PHA; (ii) The changes were duly approved by the PHA Board of Directors (or similar governing body); and (iii) The revised policies and programs are available for review and inspection, at the principal office of the PHA during normal business hours. 5. The PHA made the proposed Plan and all information relevant to the public hearing available for public inspection at least 45 days before the hearing, published a notice that a hearing would be held and conducted a hearing to discuss the Plan and invited public comment. 6. The PHA certifies that it will carry out the public housing program of the agency in conformity with title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d-2000d-4), the Fair Housing Act (42 U.S.C. 3601-19), Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794), title II of the Americans with Disabilities Act (42 U.S.C. 12101 et seq.), and other applicable civil rights requirements and that it will affirmatively further fair housing in the administration of the program. In addition, if it administers a Housing Choice Voucher Program, the PHA certifies that it will administer the program in conformity with the Fair Housing Act, title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act of 1973, title II of the Americans with Disabilities Act, and other applicable civil rights requirements, and that it will affirmatively further fair housing in the administration of the program. 7. The PHA will affirmatively further fair housing, which means that it will take meaningful actions to further the goals identified in the Assessment of Fair Housing (AFH) conducted in accordance with the requirements of 24 CFR § 5.150 through 5.180, that it will take no action that is materially inconsistent with its obligation to affirmatively further fair housing, and that it will address fair housing issues and contributing factors in its programs, in accordance with 24 CFR § 903.7(o)(3). The PHA will fulfill the requirements at 24 CFR § 903.7(o) and 24 CFR § 903.15(d). Until such time as the PHA is required to submit an AFH, the PHA will fulfill the requirements at 24 CFR § 903.7(o) promulgated prior to August 17, 2015, which means that it examines its programs or proposed programs; identifies any impediments to fair housing choice within those programs; addresses those impediments in a reasonable fashion in view of the resources available; works with local jurisdictions to implement any of the jurisdiction's initiatives to affirmatively further fair housing that require the PHA's involvement; and maintains records reflecting these analyses and actions. 8. For PHA Plans that include a policy for site -based waiting lists: • The PHA regularly submits required data to HUD's 50058 PIC/IMS Module in an accurate, complete and timely manner (as specified in PIH Notice 2011-65); Page 1 of 3 formHUD-50077-ST-HCV-HP (3/31/2024) • The system of site -based waiting lists provides for full disclosure to each applicant in the selection of the development in which to reside, including basic information about available sites; and an estimate of the period of time the applicant would likely have to wait to be admitted to units of different sizes and types at each site; • Adoption of a site -based waiting list would not violate any court order or settlement agreement or be inconsistent with a pending complaint brought by HUD; • The PHA shall take reasonable measures to assure that such a waiting list is consistent with affirmatively furthering fair housing; and • The PHA provides for review of its site -based waiting list policy to determine if it is consistent with civil rights laws and certifications, as specified in 24 CFR 903.7(o)(1). �. The PHA will comply with the prohibitions against discrimination on the basis of age pursuant to the Age Discrimination Act of 1975. 10. In accordance with 24 CFR § 5.105(a)(2), HUD's Equal Access Rule, the PHA will not make a determination of eligibility for housing based on sexual orientation, gender identify, or marital status and will make no inquiries concerning the gender identification or sexual orientation of an applicant for or occupant of HUD -assisted housing. 11. The PHA will comply with the Architectural Barriers Act of 1968 and 24 CFR Part 41, Policies and Procedures for the Enforcement of Standards and Requirements for Accessibility by the Physically Handicapped. 12. The PHA will comply with the requirements of Section 3 of the Housing and Urban Development Act of 1968, Employment Opportunities for Low -or Very -Low Income Persons, and with its implementing regulation at 24 CFR Part 135. 13. The PHA will comply with acquisition and relocation requirements of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 and implementing regulations at 49 CFR Part 24 as applicable. 14. The PHA will take appropriate affirmative action to award contracts to minority and women's business enterprises under 24 CFR 5.105(a). 15. The PHA will provide the responsible entity or HUD any documentation that the responsible entity or HUD needs to carry out its review under the National Environmental Policy Act and other related authorities in accordance with 24 CFR Part 58 or Part 50, respectively. 16. With respect to public housing the PHA will comply with Davis -Bacon or HUD determined wage rate requirements under Section 12 of the United States Housing Act of 1937 and the Contract Work Hours and Safety Standards Act. 17. The PHA will keep records in accordance with 2 CFR 200.333 and facilitate an effective audit to determine compliance with program requirements. 18. The PHA will comply with the Lead -Based Paint Poisoning Prevention Act, the Residential Lead -Based Paint Hazard Reduction Act of 1992, and 24 CFR Part 35. 19. The PHA will comply with the policies, guidelines, and requirements of 2 CFR Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Financial Assistance, including but not limited to submitting the assurances required under 24 CFR §§ 1.5, 3.115, 8.50, and 107.25 by submitting an SF-424, including the required assurances in SF-424B or D, as applicable. 20. The PHA will undertake only activities and programs covered by the Plan in a manner consistent with its Plan and will utilize covered grant funds only for activities that are approvable under the regulations and included in its Plan. 21. All attachments to the Plan have been and will continue to be available at all times and all locations that the PHA Plan is available for public inspection. All required supporting documents have been made available for public inspection along with the Plan and additional requirements at the primary business office of the PHA and at all other times and locations identified by the PHA in its PHA Plan and will continue to be made available at least at the primary business office of the PHA. 22. The PHA certifies that it is in compliance with applicable Federal statutory and regulatory requirements, including the Declaration of Trust(s). Baldwin Park Housing Authority PHA Name X Annual PHA Plan for Fiscal Year 2023-24 5-Year PHA Plan for Fiscal Years 120 PHA Number/HA Code I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802). ame Enrique Zaldivar Signature Date I Signature Date Page 2 of 3 form HUD-50077-ST-HCV-HP (3/31/2024) EXHIBIT °1D" Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan (All PHAs) U. S Department of Housing and Urban Development Office of Public and Indian Housing OMB No. 2577-0226 Expires 3/31/2024 Certification by State or Local Official of PHA Plans Consistency with the Consolidated Plan or State Consolidated Plan I, _Enrique Saldivar , the Executive Director Of s Name Official's Title certify that the 5-Year PHA Plan for fiscal years and/or Annual PHA Plan for fiscal year _2023- 2024 of the Baldwin Park Housing Authority is consistent with the PHA Name Consolidated Plan or State Consolidated Plan including the Analysis of Impediments (AI) to Fair Housing Choice or Assessment of Fair Housing (AFH) as applicable to the City of Baldwin Park Local Jurisdiction Name pursuant to 24 CFR Part 91 and 24 CFR §§ 903.7(o)(3) and 903.15. Provide a description of how the PHA Plan's contents are consistent with the Consolidated Plan or State Consolidated Plan. City of Baldwin Park is dedicated to providing affordable housing and community development opportunities for low and moderate income persons and is committed to providing such services in accordance with the Fair Housing Laws. I hereby certify that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. Warning: HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001, 1010, 1012; 31 U.S.C. 3729, 3802) Name of Authorized Official: Title: Enrique Saldivar Executive Director Signature: Date: The United States Department of Housing and Urban Development is authorized to solicit the information requested in this form by virtue of Title 12, U.S. Code, Section 1701 et seq., and regulations promulgated thereunder at Title 12, Code of Federal Regulations. Responses to the collection of information are required to obtain a benefit or to retain a benefit. The information requested does not lend itself to confidentiality. This information is collected to ensure consistency with the consolidated plan or state consolidated plan. Public reporting burden for this information collection is estimated to average 0.16 hours per year per response, including the time for reviewing instructions, searching existing data sources, gathering and maintaining the data needed, and completing and reviewing the collection of information. HUD may not collect this information, and respondents are not required to complete this form, unless it displays a currently valid OMB Control Number. Page 1 of 1 form HUD-50077-SL (3/31/2024) Violance Against Women And Justice Department Reauthorization Act Of 2005 (VAWA 2005) Statement of I rM r67L:4 I I L VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT OF 2005 (VAWA 2005) STATEMENT OF ACKNOWLEDGEMENT The Baldwin Park Housing Authority hereby acknowledges its responsibilities and requirements under VAWA 2005 and will ensure proper enforcement of VAWA and comply with all requirements that are incorporated into the Housing Choice Voucher HAP Contract and Tenancy Addendum. The Baldwin Park Housing Authority provides proper notification to property owners and program participants informing them of their rights and responsibilities as well as resources to families in need of assistance. The BPHA partners with the City of Baldwin Park public service program which provides resources to victims of domestic violence, sexual assault, date rape, anger management, and child and elder abuse. Agencies providing assistance include but are not limited to Project Sister, Police Department Domestic Violence Advocate, Santa Anita Family Service Center, Adult Protective Services and several local churches. Information is provided to tenants at all briefings and to property owners and again to tenants at time of new contracts. Counseling sessions, which include referrals is provided to the tenants once the BPHA becomes aware or suspects that there is a need for such assistance. 2013 REAUTHORIZATION OF THE VIOLENCE AGAINST WOMEN AND JUSTICE DEPARTMENT REAUTHORIZATION ACT (VAWA 2013) The Baldwin Park Housing Authority is preparing its Emergency Transfer Plan and all relevant notices to implement and comply with VAWA 2013. The Transfer Plan will be approved by the Housing Board by the May 15, 2017 compliance date. EXHIBIT f°F" I Z" :I[qsj i i I i 11:4 1 11M EXHIBIT "G" rem RUT61 M, RESOLUTION NO. HA 2023-002 A RESOLUTION OF THE CITY COUNCIL OF BALDWIN PARK HOUSING AUTHORITY APPROVING AND ADOPTING THE PUBLIC HOUSING ANNUAL AGENCY PLAN FOR FY 2023-2024 WHEREAS, the City of Baldwin Park Housing Authority administers the Housing Choice Voucher (Section 8) and Public Housing programs with funds provided by the U.S. Department of Housing and Urban Development ("HUD"); and WHEREAS, the 2020-2024 Five -Year Plan describes in accordance with Section 511 of the Quality Housing and Work Responsibility Act (1998) the agency's long-range goals and objectives for achieving its mission, the agency's approach to managing programs, and providing services for the upcoming five years; and WHEREAS, the FY 2023-2024 Annual PHA Plan, serves as the annual application for the Capital Fund Program Grant and Operating Fund to support its public housing; and WHEREAS, HUD regulations require that Public Housing Authorities that receive funds to operate Federal Public Housing and Section 8 Tenant -Based rental assistance programs submit updated Annual PHA Plans on an annual basis. NOW THEREFORE BE IT HEREBY RESOLVED, the City of Baldwin Park Housing Authority does resolve as follows: Section 1. That the 2023-2024 Annual PHA Plan has been established in accordance with the Quality Housing and Work Responsibility Act and is current with HUD regulations. Section 2. That the Chairman and Secretary shall certify to the adoption of this Resolution. kll� I'll EMMANUEL J. ESTRADA, CHAIRMAN ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Christopher Saenz, Secretary of the City of Baldwin Park Housing Authority do hereby certify that the foregoing Resolution No. HA 2023-002 was duly adopted by the Baldwin Park Housing Authority Board at a regular meeting thereof held on April 5, 2023, and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: CHRISTOPHER SAENZ, SECRETARY