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Home My WebLink About03.01.23 Staff Reporti 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:4 Audio streaming will be available at Most City Council meetings take https.11www.youtube.com/channellUCFLZO dDFRiy59rhiDZ13FWfeatured?view as=subscriber place at City Hall, 14403 E. Pacific http.//baldwinpark.granicus.comNiewPublisher.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) 960-401.1. 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 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 commentsgbaldwinpark.com. CALL TO ORDER ROLL CALL PUBLIC COMMUNICATIONS OPEN SESSION/STUDY SESSION Presentation — Roundabout at Olive and Maine Slow Streets Demonstration Project, presented by Sam Gutierrez, Director of Public Works and Romany Basilyous, Engineering Manager RECESS CLOSED SESSION Conference With Real Property Negotiator Pursuant to California Government Code, Section 54956.8. Property Address: 4021 Maine Ave., Baldwin Park, CA 91.706 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: 1431.8 Ramona Blvd., Baldwin Park CA 91706 Agency Negotiator: Enrique C. Zaldivar, Chief Executive Officer Negotiating Parties: King Taco Under Negotiation: Price and Terms for Acquisition of Right of Entry & Public Easements 2 Public Employee Performance Evaluation Pursuant to California Government Code, Section 54957 Title: Chief of Police Conference With Labor Negotiator - Pursuant to California Government Code, Section 54957.6 City Negotiator: Enrique C. Zaldivar, Chief Executive Officer Unrepresented Employee Title: Chief of Police City Negotiator: Enrique C. Zaldivar, Chief Executive Officer Unrepresented Employee Title: Chief Deputy City Clerk ADJOURNMENT 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 23rd day of February 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) 960-4011. 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) r t r Agenda a March 01, i 11' 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 �J Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channellUCFLZO dDFRiy59rhiDZ13Fa/featured?view as=subscriber place at City Hall, 14403 E. Pacific http.//baldwinpark.aranicus.com/ViewPublisherphpMew 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. ' 1 r 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. 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 01. 0 1 /_ elealumaj D1111 pl ally PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Presentation — Introduce and Welcome the new Housing Manager Imelda Delgado and the new Human Resources Analyst II Raquel Franco. Certificates - Sierra Vista High School Wrestling Team Mountain View Championships. 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. 1. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Approve Resolution 2023-005, "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Director of Public Works to Execute Program Supplement Agreement (PSA) No. N014 Rev.l with the State of California Department of Transportation to Administer Agency -State Agreements for Federal -Aid Projects." It is recommended that the City Council adopt Resolution No. 2023-005, entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Director of Public Works to Execute Program Supplement Agreement (PSA) No. N014 Rev.1 with the State of California Department of Transportation to Administer Agency -State Agreement for Federal -Aid Projects." 3. Authorization to Advertise the Request for Proposal (RFP) for Professional Pyrotechnic Services for the 4th of July Spectacular It is recommended that the City Council authorize the advertisement of the Request for Proposal (RFP) for professional pyrotechnic services for the 4th of July Spectacular. 4. Approval of Additional Work for Upgrades at the Homeless Housing Family Site Project (Serenity Homes) at 13167 Garvey Avenue Consisting of Material and Equipment Procurements, and Construction Work It is Staff s recommendation that the City Council: 1. Approve professional services and material. procurement proposals from: a. Greg Ruvolo (Contractor) for a total amount not -to -exceed $38,314.00 consisting of: i. Installation of a glass sliding door in the amount of $2,660.00. ii. Installation of an access platform -and -step system in the amount of $1.3,080.00. iii. Perform roofing upgrades to an existing building in the amount of $15,280.00. iv. Installation entry gate security system in the amount of $7,294.00; and b. Ram Construction and Fencing LLC for the purchase and installation of a glass French door in the not -to -exceed amount of $12,250.00; and c. Spino Excavating for the repair and installation of epoxy flooring in the not -to -exceed amount of $13,200.00; and d. ConvergeOne for procurement and installation of security cameras in the not - to -exceed amount of $18,407.33; and e. ULINE, Inc. for material procurement for furniture and tables in the amount of $7,559.39. 2. Authorize the Public Works Director to execute the procurement and professional services proposals and to coordinate with the various entities in all elements as necessary to complete the maintenance work at the site; and 3. Authorize the Director of Finance to make the necessary budget adjustments and processing of invoices including reimbursement requests made to the SGVRHT for qualified expenditures. 5. Approval of Employment Agreement with Shirley A. Quinones for the Position of Chief Deputy City Clerk It is recommended that the City Council approve the Agreement with Shirley A. Quinones for the position of Chief Deputy City Clerk (subject to any non -substantive changes made by Chief Executive Officer and the City Attorney) and direct the Mayor and City Clerk to execute it. 6. Consideration of First Amendment to Chief of Police Employment Agreement- Robert A. Lopez It is recommended that the City Council approve the First Amendment to the Chief of Police Employment Agreement. 7. Adoption of Resolution No. 2023-004 to approve Commercial Cannabis Agreement No. 23-01 to permit a Commercial Cannabis Cultivation and Manufacturing Facility within the I-C, Industrial Commercial Zone (Location: 13075 Garvey Avenue (APN: 8556-022-043); Applicant: Baldwin Park Exotics, Inc.,; Case Number: CCA 23-01 for CAN 21-03). It is recommended that the City Council adopt Resolution No. 2023-004 approving Commercial Cannabis Agreement No. 23-01 to permit a Commercial Cannabis Cultivation and Manufacturing Facility at 13075 Garvey Avenue. 8. Baldwin Park Resident Owned Utility District (BPROUD) Program- Decertification. Reversion, and Decommissioning Process- Status Update Report It is recommended that the City Council receive and file this report.. 9. First Reading of Ordinance Updating the City of Baldwin Park Commercial Cannabis Regulations It is recommended that the City Council waive further reading, read by title only and introduce the following: "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")" 1.0. Adoption and Approval for Second Reading Ordinance No. 1500 to Establish the Measure BP Stakeholders Oversight Committee (SOC) It is recommended that the City Council adopt and approve the attached Ordinance No. 1.500 to establish the Measure BP Stakeholders Oversight Committee, as a second reading, adding Sections 35.142 through 35.150 to Chapter 35 of Title 3 of the Baldwin Park Municipal Code. PUBLIC HEARING REPORTS OF OFFICERS CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION ADJOURNMENT 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 23`d day of February 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) 960-4011. 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: March 1, 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 $553,266.03 and the attached General Warrants Register was $933,336.19 for a total amount of $1,486,602.22. 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 201800 to 201817 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 38045 to 38323 for the period January 22, 2023 through February 4, 2023 inclusive; these are presented and hereby ratified in the amount of $553,266.03. 2. General Warrants, with the bank drafts in the amount of $311,691.64 and checks from 239877 to 240072 in the amount of $621,644.55 for the period of February 7, 2023 to February 20, 2023, inclusive; in the total amount of $933,336.19 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 City of Baldwin Park, CA Check Register By (None) Payment Dates 2P7/2023 - 2/20/2023 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 239877 02/09/2023 BANKCARD CENTER LODGING FOR MAYOR ESTRADA 100-10-100-53350-00000 $ 795.50 239877 02/09/2023 BANKCARD CENTER ONLINE SUBSCRIPTION FOR CEO ZALDIVAR 1.00-10-110-53330-00000 S 18.00 239877 02/09/2023 BANKCARD CENTER LODGING FOR CEO ZALDIVAR 100-10-110-53350-00000 $ 795.50 239877 02/09/2023 BANKCARD CENTER TAXI CAB FEE AT THE CALIF CONTRACT CITIES CONE 100-10-110-53350-00000 $ 53.70 239878 02/09/2023 FRANCHISE TAX BOARD PAYROLL DEDUCTION FOR PP # 03 100-00-000-21225-00000 $ 200.85 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 $ 96.91 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 $ (18.59) 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 $ (18.60) 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 $ 43.80 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 $ 21.79 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 $ 463.00 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 $ 107.67 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 $ 36.95 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 1.00-60-620-53100-00000 S 87.80 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 $ 29.29 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 $ 50.56 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 $ 9.29 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 $ 217.91 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 1.00-60-620-53100-00000 S 157.66 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 $ 226.95 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 $ 43.16 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 $ 141.09 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 $ 111.43 239879 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 $ 32.61 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-60-640-53100-00000 $ (60.13) 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-10-110-53350-00000 $ (10.91) 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 501-60-000-22328-00000 $ 178.37 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-60-640-53100-00000 $ 257.02 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-10-110-53350-00000 $ 60.07 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-10-110-53350-00000 $ 25.57 239881 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR FAMILY SERV CTR & COMMUNI 100-60-610-53100-00000 $ 32.67 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 501-60-000-22328-00000 $ 55.78 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 501-60-000-22327-00000 $ 302.76 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-60-610-53100-00000 $ 69.25 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-60-640-53100-00000 $ 91.39 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-60-620-53100-00000 $ 196.01 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-60-610-53100-00000 $ 15.12 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-60-620-53100-00000 $ 561.71 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 501-60-000-22328-00000 $ 56.92 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 275-60-713-53100-16072 $ 200.66 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 275-60-713-53100-16072 $ 29.53 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-60-660-53100-00000 $ 74.97 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-60-610-53100-00000 $ 26.53 239881 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR FAMILY SERV CTR & COMMUNI 100-60-630-53100-00000 S (453.33) 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-60-630-53100-00000 $ 453.33 239881 02/09/2023 HOME DEPOT SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 275-60-713-53100-16072 $ 128.60 239881 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR FAMILY SERV CTR & COMMUNI 501-60-000-22328-00000 $ 299.93 239881 02/09/2023 HOME DEPOT MATERIALS & SUPPLIES FOR FAMILY SERV CTR & COMMUNI 501-60-000-22328-00000 S 970.73 Page 1 of 8 Payment Number 239881 239881 239881 239883 239884 239885 239886 239887 239888 239888 239888 239888 239888 239888 239888 239888 239888 239888 239888 239888 239889 239890 239891 239892 239893 239893 239893 239893 239893 239894 239895 239895 239895 239896 239897 239898 239898 239899 239899 239900 239901 239902 239903 239903 239904 239905 239906 239907 239907 239908 239909 239910 239911 239912 239913 Payment Date Vendor Name 02/09/2023 HOME DEPOT 02/09/2023 HOME DEPOT 02/09/2023 HOME DEPOT 02/09/2023 PAGEFREEZER SOFTWARE INC 02/09/2023 RICHARD SOONG 02/09/2023 RICOH USA INC 02/09/2023 RIO HONDO COMM. COLLEGE 02/09/2023 RUDOLFO CARDENAS 02/09/2023 SMART & FINAL 02/09/2023 SMART & FINAL 02/09/2023 SMART & FINAL 02/09/2023 SMART & FINAL 02/09/2023 SMART & FINAL 02/09/2023 SMART & FINAL 02/09/2023 SMART & FINAL 02/09/2023 SMART & FINAL 02/09/2023 SMART & FINAL 02/09/2023 SMART & FINAL 02/09/2023 SMART & FINAL 02/09/2023 SMART & FINAL 02/09/2023 SOUTHERN CALIFORNIA EDISON 02/09/2023 THE GAS COMPANY 02/09/2023 THE LIVING DESERT 02/09/2023 US BANK VOYAGER FLEET SYS 02/09/2023 VERIZON WIRELESS 02/09/2023 VERIZON WIRELESS 02/09/2023 VERIZON WIRELESS 02/09/2023 VERIZON WIRELESS 02/09/2023 VERIZON WIRELESS 02/09/2023 VICENTE ROMAN 02/09/2023 WASTE MANAGEMENT COLLECTION AND RECYCLING, INC 02/09/2023 WASTE MANAGEMENT COLLECTION AND RECYCLING, INC 02/09/2023 WASTE MANAGEMENT COLLECTION AND RECYCLING, INC 02/09/2023 FRONTIER COMMUNICATIONS 02/09/2023 3660 PUENTE LLC 02/09/2023 ABIGAIL AVENDANO 02/09/2023 ABIGAIL AVENDANO 02/09/2023 ANS BUILDERS 02/09/2023 ANS BUILDERS 02/09/2023 ARCHITERRA INC 02/09/2023 AT&T MOBILITY 02/09/2023 BALDWIN VILLAS, LLC 02/09/2023 CALIFORNIA DEPARTMENT OF CONSERVATION 02/09/2023 CALIFORNIA DEPARTMENT OF CONSERVATION 02/09/2023 CALIFORNIA NEWSPAPERS PARTNERSHIP 02/09/2023 DANIEL D DEVELOPMENT 02/09/2023 DAPEER, ROSENBLIT & LITVAK, LLP 02/09/2023 DATA TICKET, INC. 02/09/2023 DATA TICKET, INC. 02/09/2023 DIANA HUERTA 02/09/2023 DIVISION OF THE STATE ARCHITECT 02/09/2023 DULCE M. CRUZ 02/09/2023 ELIZABETH JIMENEZ 02/09/2023 ELVA ESTELA AGUILAR 02/09/2023 EVAN MARTIN Description (Item) Account Number Amount SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-60-620-53100-00000 $ 119.33 MATERIALS & SUPPLIES FOR FAMILY SERV CTR & COMMUNI 100-60-610-53100-00000 $ 37.21 SUPPLIES 4 COMM CTR,FAMILY CTR AND FOOD GIVEAWAY 100-60-620-53100-00000 $ 108.41 GPS PAGEFREEZER RECORDS COMPLIANCE FOR SOCIAL MEDI 100-30-310-53100-00000 $ 1,488.00 PRINTING OF BUSINESS CARDS FOR FABIOLA/ MELICHER 1.00-40-440-53100-00000 $ 54.75 LEASE PAYMENTS FOR 8 RICOH COPIERS 401-10-141-58140-11502 $ 5,033.43 COURSE FOR BERUMEN,VELEBIL AND CORTEZ 501-30-000-22410-00000 $ 75.00 MUSIC ENTERTAINMENT FOR SR CTR BIRTHDAY CELEBRATIO 275-60-726-51101-16074 $ 200.00 MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 $ 34.40 MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 $ 76.44 MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 $ 58.36 MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 $ 14.23 MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 $ 23.14 MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 $ 5.46 MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 $ 69.70 MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 $ 39.40 MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 $ (47.98) MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 $ 85.03 MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 $ 17.91 MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 $ 19.97 ACCT # 700624206259 270-60-610-53370-16064 $ 714.70 ACCT # 195 118 4146 2 270-60-610-53370-16064 $ 407.84 PAY 40 TICKETS FOR THE LIVING DESERT SR TRIP 3/23 275-60-726-51101-16074 $ 1,038.00 POLICE DEPT GAS CARDS USAGE 402-50-591-53110-16140 $ 1,512.23 CELLULAR AND TABLET SERVICE 246-50-540-53403-15005 $ 168.26 CELLULAR AND TABLET SERVICE 251-50-540-53403-00000 $ 1,000.00 DEPT CELL PHONE USAGE 12/22-01/21/2023 100-30-310-53403-00000 $ 1,151.86 MTHLY CELL PHONE BILL 12/22-01/21/2023 100-40-405-53403-00000 $ 49.87 MTHLY CELL PHONE BILL 12/22-01/21/2023 220-40-420-53403-14700 S 49.87 REND C&D 4120 MONTEREY AVE 246-00-000-22540-00000 $ 300.00 CNG FUEL FOR CITY VEHICLES 402-50-590-53110-16140 $ 3,527.02 CNG FUEL FOR CITY VEHICLES 402-50-591-53110-16140 $ 3,860.15 CNG FUEL FOR CITY VEHICLES 402-50-590-53110-16140 $ 333.13 TINY HOMES @ 14173 GARVEY AVE 1/19-02/18/2023 501-50-000-22000-55003 $ 105.97 REFUND TO APPLICANT FOR ZONING CODE AMENDMENT 501-40-000-22335-00000 $ 3,400.00 ARPA BASIC SUBSIDY REIM PROGRAM WEEK#11-WEEK#14 275-60-734-53370-16077 $ 440.50 ARPA BASIC SUBSIDY REIM PROGRAM WEEK#15-WEEK#17 275-60-734-53370-16077 $ 510.00 REFUND PERMIT FOR 4110 MERCED AVE. 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MAGNO SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 239950 02/16/2023 PREMIERE FUELING SERVICES INC MAINTENANCE AND REPAIRS FOR PUMPS AND 402-50-590-53371-00000 $ 250.00 239950 02/16/2023 PREMIERE FUELING SERVICES INC MAINTENANCE AND REPAIRS FOR PUMPS AND 402-50-590-5337 1 -00000 $ 354.20 239950 02/16/2023 PREMIERE FUELING SERVICES INC MAINTENANCE AND REPAIRS FOR PUMPS AND 402-50-591-53371-00000 $ 604.20 239951 02/16/2023 PRIME POWER EQUIPMENT INC MATERIALS & SUPPLIES FOR STREET LANDSCAPE CREW 245-50-560-53100-15536 $ 39.39 239951 02/16/2023 PRIME POWER EQUIPMENT INC REPAIRS AND MAINTENANCE OF STREE LANDSCAPE 245-50-560-53371-15536 $ 22.18 239952 02/16/2023 PROPERTYRADAR, INC ANNUAL SUBSCRIPTION RENEWAL 1/26/23-01/26/2024 100-40-460-51100-00000 $ 758.40 239953 02/16/2023 QUADIENT LEASING USA INC LEASE AND MAINT FOR POSTAGE MACHINE 11/28-02/27/23 401-10-141-58140-11503 $ 2,150.03 239954 02/16/2023 RAFAEL R. 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URBINA SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 239956 02/16/2023 REYNOLDS BUICK INC PARTS FOR HEAVY DUTY TRUCKS 402-50-590-53100-00000 $ 282.18 239957 02/16/2023 ROSA FERNANDEZ SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 239958 02/16/2023 ROSANNA MEJIA CONTRACT HAWAIIAN DANCE CLASSES 1/9-2/13/2023 501-60-000-22328-00000 $ 218.40 239959 02/16/2023 ROYAL COACHES AUTO BODY TOWING FOR FORD EXPLORER - POLICE 402-50-591-51101-00000 $ 502.50 239960 02/16/2023 RUSH TRUCK CENTERS OF CALIFORNIA, INC MAINT& SERV & REPAIRS TO CT ST SWEEPER # 5099 402-50-590-53371-00000 $ 1,072.15 239961 02/16/2023 SAN GABRIEL VALLEY WATER COMPANY WATER COST 252-60-620-53402-00000 $ 689.16 239961 02/16/2023 SAN GABRIEL VALLEY WATER COMPANY WATER COST 12/28-01/30/2023 100-60-620-53402-00000 $ 561.94 239962 02/16/2023 SHI INTERNATIONAL CORP ANNUAL SUBSCRIPTION - 1-18-2023 - 1-17-2024 401-10-140-53379-00000 $ 6.18 239963 02/16/2023 SOCAL SEALCOAT SOLUTIONS LLC HIGH PERFORMANCE POTHOLE PATCH 240-50-551-53100-15705 $ 1,241.04 239964 02/16/2023 STARSIDE SECURITY & INVESTIGATIONS INC JAIL OPERATIONS FOR DEC 2022 100-30-370-51100-00000 $ 44,064.77 239964 02/16/2023 STARSIDE SECURITY & INVESTIGATIONS INC JAIL OPERATIONS FOR JAN 2023 100-30-370-51100-00000 $ 45,255.26 239965 02/16/2023 SUNBELT RENTALS MISCELLANEOUS RENTAL EQUIPMENT 240-50-551-53391-15705 $ 1,147.46 239966 02/16/2023 SWRCB ANNUAL PERMIT FEES 4 WASTE DISCHARGE 7/1-06/30/23 249-50-510-51100-15400 $ 35,333.00 239966 02/16/2023 SWRCB ANNUAL PERMIT FEES FOR WASTE DISCHARGE 249-50-510-51100-15400 $ 18,512.00 239967 02/16/2023 TERESA NUESCA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 239968 02/16/2023 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 100-60-620-53371-00000 $ 19.26 239968 02/16/2023 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 252-60-620-53371-00000 $ 88.74 239968 02/16/2023 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 252-60-620-53371-00000 $ 50.00 239968 02/16/2023 TER 41NIX EXTERMINATOR SERVICES AT CITY FACILITIES 100-60-620-53371-00000 $ 119.48 239969 02/16/2023 TERRA REALTY ADVISORS INC VARIOUS BILLBOARD SIGNS IN BALDWIN PARK 235-40-440-51101-00000 $ 160.42 239970 02/16/2023 THE GAS COMPANY GAS BILL 12/22-01/26/2023 252-60-620-53400-00000 $ 414.42 239970 02/16/2023 THE GAS COMPANY GAS COST 252-60-620-53400-00000 $ 11,242.36 Page 4 of 8 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 239970 02/16/2023 THE GAS COMPANY GAS BILL 12/28-01/30/2023 100-60-620-53400-00000 $ 10,434.93 239970 02/16/2023 THE GAS COMPANY GAS COST 100-60-620-53400-00000 $ 6,806.40 239970 02/16/2023 THE GAS COMPANY GAS SERV FOR TINY HOMES 12/29-01/27/23 275-60-710-53370-66023 $ 382.94 239970 02/16/2023 THE GAS COMPANY TINY HOMES 14173 GARVEY 12/30-01/30/23 501-50-000-22000-55003 $ 209.39 239971 02/16/2023 THE PUN GROUP LLP INDEPENDENT PROFESSIONAL ANNUAL AUDIT SERVICES: 1.00-20-210-51101-12420 $ 7,000.00 239972 02/16/2023 THE SHREDDERS DESTRUCTION OF DEPT CONFIDENTIAL DOCUMENTS 100-30-330-51101-00000 $ 122.50 239972 02/16/2023 THE SHREDDERS DESTRUCTION OF DEPT CONFIDENTIAL DOCUMENTS 100-30-330-51101-00000 $ 202.00 239972 02/16/2023 THE SHREDDERS DESTRUCTION OF DEPT CONFIDENTIAL DOCUMENTS 100-30-330-51101-00000 $ 202.00 239972 02/16/2023 THE SHREDDERS DESTRUCTION OF DEPT CONFIDENTIAL DOCUMENTS 100-30-330-51101-00000 $ 350.50 239972 02/16/2023 THE SHREDDERS DESTRUCTION OF DEPT CONFIDENTIAL DOCUMENTS 100-30-330-51101-00000 $ 113.00 239973 02/16/2023 TK ELEVATOR CORPORATION ELEVATOR SERV & MAINT 2/1-04/30/2023 100-60-620-53371-00000 $ 1,469.89 239973 02/16/2023 TK ELEVATOR CORPORATION ELEVATOR SERV & MAINT 2/1-04/30/2023 100-60-620-5337 1 -00000 $ 104.07 239974 02/16/2023 T-MOBILE TOWER DUMP 100-30-360-53100-00000 $ 50.00 239975 02/16/2023 TPX COMMUNICATIONS CO LOCAL, LONG DISTANCE TELEPHONE AND I/9-3/8/2023 401-10-141-53403-11506 $ 6,853.09 239976 02/16/2023 TRIPLE B CORPORATION PURCHASE FOOD FOR THE FREE SR MEALS PROGRAM 275-60-710-53100-16075 $ 3,289.50 239977 02/16/2023 UNION STATION HOMELESS SERVICES PROVIDE HOMELESS SERVICES AT ACCESS POINTS 259-60-610-51101-16063 $ 38,877.14 239977 02/16/2023 UNION STATION HOMELESS SERVICES PROVIDE HOMELESS SERV AT ACCESS POINTS FOR OCT 22 259-60-610-51101-16063 $ 44,612.47 239977 02/16/2023 UNION STATION HOMELESS SERVICES PROVIDE HOMELESS SERVICES AT ACCESS POINTS 259-60-610-51101-16063 $ 30,126.72 239977 02/16/2023 UNION STATION HOMELESS SERVICES PROVIDE HOMELESS SERVICES AT ACCESS POINTS 259-60-610-51101-16063 $ 15,493.34 239977 02/16/2023 UNION STATION HOMELESS SERVICES PROVIDE HOMELESS SERV AT ACCESS POINTS FOR DEC 22 259-60-610-51101-16063 $ 2.46 239978 02/16/2023 UNITED ROTARY BRUSH CORP PARTS FOR CITY STREET SWEEPER 246-50-552-53100-15005 $ 467.35 239979 02/16/2023 WALTERS WHOLESALE ELECTRIC CO. MATERIALS & SUPPLIES 251-50-562-53100-00000 $ 382.69 239979 02/16/2023 WALTERS WHOLESALE ELECTRIC CO. MATERIALS & SUPPLIES 251-50-562-53100-00000 $ 31.78 239980 02/16/2023 Y-TIRE SALES TIRES FOR CITY VEHICLES 402-50-590-53100-00000 $ 2,850.55 239980 02/16/2023 Y-TIRE SALES TIRES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 2,850.54 239981 02/16/2023 AAE INCORPORATED COMPLETION OF PS&E FOR SAN GABRIEL RIVER DEC.2022 245-50-520-58100-15093 $ 4,721.78 239981 02/16/2023 AAE INCORPORATED DESIGN SERVICES FOR BIG DALTON TRAIL POCKET NOV.22 270-50-520-58100-55008 $ 1,059.00 239982 02/16/2023 ABIGAIL AVENDANO ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEK18-20 275-60-734-53370-16077 $ 386.00 239982 02/16/2023 ABIGAIL AVENDANO APRA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEK7-10 275-60-734-53370-16077 S 646.00 239983 02/16/2023 ABU-LASHIN MOBIL SERVICE FUEL FOR POLICE DEPARTMENT FOR DECEMBER 2022 402-50-591-53110-16140 $ 58.26 239984 02/16/2023 ALL CITY MANAGEMENT SERVICES, INC CROSSING GUARD SERVICES FOR 1/8/2023-1/21/2023 100-30-390-51100-13200 $ 13,401.30 239985 02/16/2023 ANA COVARRUBIAS ARPA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 239986 02/16/2023 ANA KARINA RUEDA LUNCH FOR MANAGEMENT ANALYST PUBLIC WORKS 100-10-150-51101-00000 $ 52.86 239987 02/16/2023 ANTHONY VAZQUEZ SENIOR MAINTENANCE WORKER INTERVIEW BREAKFAST 100-10-150-51101-00000 $ 49.22 239988 02/16/2023 APEC CCTV CO., INC. REPLACEMENT OF TV INSIDE AT SENIOR CENTER & MORGAN 100-60-620-53100-00000 $ 542.03 239988 02/16/2023 APEC CCTV CO., INC. REPLACEMENT OF TV INSIDE AT SENIOR CENTER & MORGAN 100-60-620-53100-00000 $ 966.18 239988 02/16/2023 APEC CCTV CO., INC. REPLACEMENT OF TV INSIDE AT SENIOR CENTER & MORGAN 252-60-620-53100-00000 $ 9.50 239988 02/16/2023 APEC CCTV CO., INC. REPLACEMENT OF TV INSIDE AT SENIOR CENTER & MORGAN 252-60-620-53100-00000 $ 1,076.36 239988 02/16/2023 APEC CCTV CO., INC. REPLACEMENT OF TV INSIDE AT SENIOR CENTER & MORGAN 252-60-620-53100-00000 $ 422.35 239989 02/16/2023 ARAMARK UNIFORM SERVICES UNIFORM SERVICES FOR BUILDING MAINTENANCE JAN 2023 100-60-620-53100-00000 $ 27.72 239989 02/16/2023 ARAMARK UNIFORM SERVICES UNIFORM SERVICES FOR BUILDING MAINTENANCE JAN 2023 100-60-620-53100-00000 $ 28.56 239989 02/16/2023 ARAMARK UNIFORM SERVICES UNIFORM SERVICES FOR BUILDING MAINTENANCE JAN 2023 252-60-620-53100-00000 $ 0.84 239989 02/16/2023 ARAMARK UNIFORM SERVICES UNIFORM SERVICES FOR BUILDING MAINTENANCE JAN 2023 252-60-620-53100-00000 $ 27.72 239989 02/16/2023 ARAMARK UNIFORM SERVICES UNIFORM SERVICES FOR BUILDING MAINTENANCE JAN 2023 252-60-620-53100-00000 $ 27.72 239990 02/16/2023 ARROYO BACKGROUND INVESTIGATIONS, LLC POST BACKGROUND INVESTIGATION FOR ANA A. 100-30-310-51100-00000 $ 1,350.00 239991 02/16/2023 BIG WAVE WINDOW INSTALLATION OF HOLIDAY LIGHTING THROUGHOUT 245-50-530-51101-00000 $ 2,500.00 239991 02/16/2023 BIG WAVE WINDOW INSTALLATION OF HOLIDAY LIGHTING THROUGHOUT 251-50-530-51101-00000 $ 4,000.00 239992 02/16/2023 BILL WRIGHT'S PAINT SPECIALIZED SPRAY PAINT 245-50-570-53100-15040 $ 527.98 239993 02/16/2023 BLANCA MAHE ARPA SENIOR TRIPS& EVENTS REIMBURSEMENT 1/19/2023 275-60-726-53370-16074 $ 3.00 239994 02/16/2023 BOBCAT OF LOS ANGELES, LLC REPAIRES TO BOBCAT -HEAVY LEAK & LOW POWER 1/30/23 402-50-590-53371-00000 $ 1,568.85 239995 02/16/2023 BRIGEE LOPEZ APPA RECREATION SUBSIDY REIMBURSEMENT PROGRAM 275-60-734-53370-16070 $ 285.00 239996 02/16/2023 CACEO APPLICATION FEE AND MEMBERSHIP DUES FOR MALISSA 100-40-460-53330-00000 $ 200.00 239996 02/16/2023 CACEO APPLICATION FEE AND MEMBERSHIP DUES FOR MALISSA 100-40-460-53330-00000 $ 100.00 239996 02/16/2023 CACEO MEMBERSHIP FEES FOR CARLOS ORDONEZ 100-40-460-53330-00000 $ 100.00 239997 02/16/2023 CALIFORNIA CLETS USERS GROUP 2022 CCUG AGENCY MEMBERSHIP 100-30-340-53330-00000 $ 125.00 Page 5 of 8 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 239998 02/16/2023 CALIFORNIA CONSULTING, INC. GRANT WRITING SERVICES FOR NOV. 2022 100-25-299-51100-17000 $ 4,500.00 239998 02/16/2023 CALIFORNIA CONSULTING, INC. GRANT WRITING SERVICES FOR DEC.2022 100-25-299-51100-17000 $ 4,500.00 239998 02/16/2023 CALIFORNIA CONSULTING, INC. 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TRUE ARPA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 6.00 240012 02/16/2023 ELIZABETH ARZOLA APRA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEKl8-20 275-60-734-53370-16077 $ 264.00 240013 02/16/2023 ELIZET CRUZ ARPA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 501-60-000-22333-00000 S 150.00 240014 02/16/2023 ELVA ESTELA AGUILAR ARPA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 240015 02/16/2023 ELVIRA SANCHEZ APRA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEK19-20 275-60-734-53370-16077 $ 120.00 240016 02/16/2023 EM MANUEL ESTRADA PER DIEM FOR CA CONTRACT CITIES ASSOCIATION 2023 100-10-100-53350-61000 $ 141.00 240017 02/16/2023 ENRIQUE C. ZALDIVAR CA CONTRACT CITIES ASSOC 2023 SAC LEGISLATIVE TOUR 100-10-110-53350-00000 $ 830.92 240018 02/16/2023 ENTERPRISE FM TRUST FLEET LEASING PROGRAM FOR FEBRUARY 2023 231-50-590-58140-15727 $ 15,590.85 240018 02/16/2023 ENTERPRISE FM TRUST FLEET LEASING PROGRAM 240-50-520-58140-15726 $ 1,013.42 240018 02/16/2023 ENTERPRISE FM TRUST FLEET LEASING PROGRAM 246-50-520-58140-15727 $ 923.14 240018 02/16/2023 ENTERPRISE FM TRUST CITYWIDE LEASING PROGRAM, CIP22-008 275-30-765-58140-53001 $ 7,057.05 240019 02/16/2023 ESMERALDA CENTENO ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEKl8-20 275-60-734-53370-16077 $ 144.00 240020 02/16/2023 ESTHER SANCHEZ ARPA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 240021 02/16/2023 ESTHER SOLIS ARPA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 240022 02/16/2023 ESTHER VARGAS ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEK#20 275-60-734-53370-16077 $ 63.00 240023 02/16/2023 ESTRADA'S SMOG CHECK SMOG CHECK FOR UNIT#3154 402-50-591-51101-00000 S 55.00 240024 02/16/2023 EVELIA HERRERA ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEK15-20 275-60-734-53370-16077 $ 585.00 240025 02/16/2023 EVELYN CHAVEZ ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEKl8-20 275-60-734-53370-16077 $ 345.00 240026 02/16/2023 EVETTE KOLODZIEJ REFUND OF DEPOSIT FOR RENTAL ON 2/4/2023 501-60-000-22333-00000 $ 150.00 240027 02/16/2023 GENESIS ELECTRIC REPAIRED GATE OPENER AT SERENTIY HOMES 2/7/2023 270-60-610-53370-66023 $ 1,600.00 240028 02/16/2023 GLECY CUSTODIA ARPA SENIOR TRIPS& EVENTS REIMBURSEMENT 2/1/2023 275-60-726-53370-16074 $ 3.00 240029 02/16/2023 GRACIELA BANUELOS ARPA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 240030 02/16/2023 GRAINGER, INC. MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 1,255.85 240030 02/16/2023 GRAINGER, INC. MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 $ 1,255.86 240030 02/16/2023 GRAINGER, INC. MATERIAL AND SUPPLIES -3 PAGES WALL CALENDAR 246-50-540-53100-15005 $ 36.58 240030 02/16/2023 GRAINGER, INC. MATERIAL & SUPPLIES -FLUOR BALLAT/ELECTRONIC 254-50-550-53100-15705 $ 209.98 240030 02/16/2023 GRAINGER, INC. MATERIAL & SUPPLIES -FLUOR BALLAT/ELECTRONIC 254-50-550-53100-15705 $ 69.99 240031 02/16/2023 GUADALUPE ARANGO REIMBURSEMENT OF CELEBRATION HALL DEPOSIT 1/14/23 501-60-000-22333-00000 $ 500.00 240032 02/16/2023 GUARDIAN ALLIANCE TECHNOLOGIES, INC. GUARDIAN SOFTWARE FOR BACKGROUNDS 100-30-310-51100-00000 $ 140.00 Page 6 of 8 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 240033 02/16/2023 HOSE -MAN INC HOSE FOR THE GRAFFITI TRUCK 245-50-570-53100-14885 $ 134.02 240034 02/16/2023 HUGHES NETWORK SYSTEMS LLC INSTALLATION/SERVICE FOR CNG STATION STATION 1/25 244-50-520-58100-15507 $ 556.20 240035 02/16/2023 J & S STRIPING CO INC REPAINT YELLOW X-WALLS, STOP,BAR ON FRAZIER STREET 240-50-550-51100-15705 $ 2,552.00 240036 02/16/2023 JACQULINE RIVERA REIMB OF RENTAL DEPOSIT --ADOBE ROOM IN SENIOR CTR 501-60-000-22333-00000 $ 300.00 240037 02/16/2023 JANE SHEK ARPA BASIC SUBSIDY REIM SWIM LESSONS& TAEKWONDO 275-60-734-53370-16070 S 312.00 240038 02/16/2023 JC'S PLUMBING & BACKFLOW SVC REPLACEMENT OF TOILET INSIDE THE PD JAIL 2/7/2023 100-60-620-53371-00000 $ 3,317.20 240039 02/16/2023 JESSENIA MONTOYA ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM 275-60-734-53370-16077 $ 30.00 240040 02/16/2023 JOE QUIJAS ARPA SENIOR TRIP& EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 5.00 240041 02/16/2023 JOHN L HUNTER & ASSOCIATES INC NPDES VALUE ENGINEERING SERVICES FOR 258-50-520-58100-55001 $ 6,930.00 240041 02/16/2023 JOHN L HUNTER & ASSOCIATES INC CONSULTANT SERVICES FOR 11/1-1.1/30/2022 258-50-510-51100-15400 $ 178.75 240041 02/16/2023 JOHN L HUNTER & ASSOCIATES INC CONSULTANT SERVICES FOR 12/1-12/31/2022 258-50-510-51100-15400 $ 907.50 240042 02/16/2023 JORGE G. HERNANDEZ ARPA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 6.00 240043 02/16/2023 JOSEFINA SIORDIA ARPA SENIOR TRIPS& EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 6.00 240044 02/16/2023 JUAN RUVALCABA ARPA SENIOR TRIPS& EVENTS REIMB PROGRAM 2/l/2023 275-60-726-53370-16074 $ 3.00 240045 02/16/2023 JWA URBAN CONSULTANTS INC AS -NEEDED PROFESSIONAL SERVICES FOR JAN. 2023 100-40-440-51101-00000 $ 3,325.58 240045 02/16/2023 JWA URBAN CONSULTANTS INC AS -NEEDED PROFESSIONAL SERVICES RELATED TO 100-40-440-51101-14070 $ 688.05 240045 02/16/2023 JWA URBAN CONSULTANTS INC AS -NEEDED PROFESSIONAL SERVICES FOR JAN. 2023 235-40-440-51101-00000 $ 860.06 240046 02/16/2023 KAREN SOLANO ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEK18-20 275-60-734-53370-16077 $ 292.00 240047 02/16/2023 KRYSTAL ROMAN MILEAGE FOR TECHNICAL TRAINING FOR CLERKS 3/14-17 100-10-120-53330-00000 $ 204.36 240048 02/16/2023 LAUREN JUSTINE GALVAN ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM 275-60-734-53370-16070 $ 100.00 240049 02/16/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION COMMERICAL CANNABIS MATTERS FOR 1/l/2023-1/31/2023 100-40-131-51102-14070 $ 7,195.00 240049 02/16/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION COMMERICAL CANNABIS MATTERS FOR 1/l/2023-1/31/2023 100-40-131-51102-14070 $ 1,760.00 240049 02/16/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION COMMERICAL CANNABIS MATTERS FOR 1/1/2023-1/31/2023 100-40-131-51102-14070 $ 960.00 240049 02/16/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION COMMERICAL CANNABIS MATTERS FOR 1/l/2023-1/31/2023 100-40-131-51102-14070 $ 1,100.00 240049 02/16/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION COMMERICAL CANNABIS MATTERS FOR 1/l/2023-1/31/2023 100-40-131-51102-14070 $ 2,120.00 240049 02/16/2023 LAW OFFICES OF JULIA SYLVA, A LAW CORPORATION COMMERICAL CANNABIS MATTERS FOR 1/1/2023-1/31/2023 100-40-131-51102-14070 $ 6,483.10 240050 02/16/2023 LE THUY NGUYEN ARPA RECREATION SUBSIDY REIMBURSEMENT PROGRAM 275-60-734-53370-16070 $ 94.00 240051 02/16/2023 LILIANA MARCIAL ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEKl8-20 275-60-734-53370-16077 $ 156.00 240052 02/16/2023 LINXUP, LLC GPS TRACKING ON ALL CITY VEHICLES 402-50-590-51101-00000 $ 853.50 240053 02/16/2023 LOLITA C. APOYON ARPA SENIOR TRIPS& EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 240054 02/16/2023 LORRAINE MENDEZ PREPARATION OF HUD REPORTS 220-40-470-51101-17050 $ 125.40 240054 02/16/2023 LORRAINE MENDEZ PREPARATION OF HUD REPORTS 221-40-470-51101-17057 $ 4,824.60 240055 02/16/2023 LOS ANGELES COUNTY PUBLIC WORKS CIP 19-41, SAN GABRIEL RIVER COMMUTER BIKEWAY 243-50-520-58100-15538 $ 1,000.00 240056 02/16/2023 LOS ANGELES COUNTY PUBLIC WORKS MAINTENANCE FOR TRAFFICE SIGNALS & HIGHWAY LIGHTS 251-50-530-51100-00000 $ 672.33 240056 02/16/2023 LOS ANGELES COUNTY PUBLIC WORKS MAINTENANCE FOR TRAFFICE SIGNALS & HIGHWAY LIGHTS 251-50-530-51100-00000 $ 1,940.83 240056 02/16/2023 LOS ANGELES COUNTY PUBLIC WORKS MAINTENANCE FOR TRAFFICE SIGNALS & HIGHWAY LIGHTS 251-50-530-51100-00000 $ 2,002.01 240057 02/16/2023 LOURDES MIRANDA ARPA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 240058 02/16/2023 LUCIO MORENO ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEK18-20 275-60-734-53370-16077 $ 144.00 240059 02/16/2023 MARIA VICTORIA TZEC ARPA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 240060 02/16/2023 MARIANA MORENO ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEKl8-20 275-60-734-53370-16077 $ 556.00 240061 02/16/2023 MARICELA CORTEZ ARPA RECREATION BASIC SUBSIDY REIMBUR PROGRAM 275-60-734-53370-16070 $ 80.00 240062 02/16/2023 MARILYN HERNANDEZ REFUND OF DEPOSIT FOR RENTAL ON 2/5/2023 501-60-000-22333-00000 $ 150.00 240063 02/16/2023 MARINA L. GARCIA ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEK#1-2 275-60-734-53370-16077 $ 182.00 240064 02/16/2023 MARIPOSA LANDSCAPES INC. LANDSCAPE SERVICES FOR JANUARY 2023 251-50-560-51100-00000 $ 8,333.33 240065 02/16/2023 MARTHA REGINA ROA ARPA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 240066 02/16/2023 MELANIE K. MONTEZ APRA BASIC SUBSIDY REIMBURSEMENT PROGRAM 275-60-734-53370-16077 $ 230.00 240067 02/16/2023 MIDWEST MOTOR SUPPLY SUPPLIES FOR FLEET SERVICES FOR FEB.2023 402-50-590-53100-00000 $ 153.82 240067 02/16/2023 MIDWEST MOTOR SUPPLY SUPPLIES FOR FLEET SERVICES - POLICE 402-50-591-53100-00000 $ 153.82 240068 02/16/2023 MILAGROS P. GOMEZ ARPA SENIOR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 $ 3.00 240069 02/16/2023 MILLER'S & ISHAMS FIRE EXTINGUISHERS SERIVCE/MAINTENANCE OF FIRE EXTINGUISHERS 1/25/23 100-30-310-51100-00000 $ 289.28 240070 02/16/2023 MIRIAM CARAVEO ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEK19-20 275-60-734-53370-16077 $ 438.25 240071 02/16/2023 MONTSERRAT ESPEJEL ARPA BASIC SUBSIDY REIMBURSEMENT PROGRAM WEEKl8-20 275-60-734-53370-16077 $ 421.00 240072 02/16/2023 MOON VALLEY NURSERY OF CA, INC LARGE MATURE TREES 251-50-561-53100-00000 $ 6,575.60 DFT0006425 02/08/2023 CALIFORNIA PUBLIC EMPLOYEES' RETRO HEALTH INSURANCE PREMIUM 100-00-000-21210-00000 $ 874.74 DFT0006437 02/08/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 1,052.32 Page 7 of 8 Payment Number DFT0006438 DFT0006450 DFT0006451 DFT0006475 DFT0006476 DFT0006477 DFT0006478 DFT0006479 DFT0006480 DFT0006481 DFT0006482 DFT0006483 DFT0006484 DFT0006485 DFT0006486 DFT0006501 DFT0006502 DFT0006503 DFT0006504 DFT0006505 DFT0006536 DFT0006565 DFT0006566 DFT0006567 DFT0006568 DFT0006569 DFT0006570 DFT0006571 DFT0006572 DFT0006573 DFT0006574 DFT0006575 DFT0006576 DFT0006577 DFT0006578 DFT0006579 DFT0006580 DFT0006581 DFT0006591 DFT0006592 DFT0006593 DFT0006594 DFT0006595 DFT0006596 DFT0006597 DFT0006598 DFT0006599 DFT0006600 DFT0006614 DFT0006615 Payment Date 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/16/2023 02/16/2023 02/16/2023 02/16/2023 02/16/2023 02/16/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/16/2023 02/16/2023 02/16/2023 02/16/2023 02/16/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 02/08/2023 Vendor Name CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' PERS-RETIREMENT PERS-RETIREMENT PERS-RETIREMENT PERS-RETIREMENT PERS-RETIREMENT PERS-RETIREMENT CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' PERS-RETIREMENT PERS-RETIREMENT PERS-RETIREMENT PERS-RETIREMENT PERS-RETIREMENT CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' CALIFORNIA PUBLIC EMPLOYEES' Description (Item) HEALTH NET SALUD Y MAS HEALTH INSURANCE KAISER HEALTH INSURANCE PERS GOLD HEALTH INSURANCE, BLUESHIELD HEALTH INSURANCE ANTHEM SELECT HEALTH INSURANCE ANTHEM TRADITIONAL HEALTH INSURANCE KAISER HEALTH INSURANCE HEALTH NET SALUD Y MAS HEALTH INSURANCE, HEALTH NET SMART CARE HEALTH INSURANCE PORAC - POLICE ONLY HEALTH INSURANCE UNITED HEALTH CARE HEALTH INSURANCE RETRO HEALTH INSURANCE PREMIUM UNITED HEALTH CARE HARMONY HEALTH INSURANCE PERS GOLD HEALTH INSURANCE PERS PLATINUM HEALTH INSURANCE BLUESHIELD HEALTH INSURANCE KAISER HEALTH INSURANCE HEALTH NET SALUD Y MAS HEALTH INSURANCE UNITED HEALTHCARE HEALTH INSURANCE PERS GOLD HEALTH INSURANCE RETRO HEALTH INSURANCE PREMIUM PERS SURVIVOR RETIREMENT PERS REDEPOSIT PERS SWORN- 344 PERS MISC 350 PERS SWORN 351 PERS MISC 352 BLUESHIELD HEALTH INSURANCE ANTHEM SELECT HEALTH INSURANCE ANTHEM TRADITIONAL HEALTH INSURANCE KAISER HEALTH INSURANCE HEALTH NET SALUD Y MAS HEALTH INSURANCE, HEALTH NET SMART CARE HEALTH INSURANCE PORAC - POLICE ONLY HEALTH INSURANCE UNITED HEALTH CARE HEALTH INSURANCE UNITED HEALTH CARE HARMONY HEALTH INSURANCE PERS GOLD HEALTH INSURANCE, PERS PLATINUM HEALTH INSURANCE PERS SWORN CITY PAID - PEPRA PERS SWORN ER REG PAY PT PERS MISC CITY PAID PERS MISC CITY PAID PERS MISC CITY PAID - PEPRA BLUESHIELD HEALTH INSURANCE KAISER HEALTH INSURANCE HEALTH NET SALUD Y MAS HEALTH INSURANCE UNITED HEALTHCARE HEALTH INSURANCE PERS GOLD HEALTH INSURANCE RETIRED PREMIUM ACTIVE & RETIRED ADMIN FEE Account Number 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 1.00-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21207-00000 100-00-000-21206-00000 100-00-000-21206-00000 100-00-000-21206-00000 100-00-000-21206-00000 100-00-000-21206-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21256-00000 100-00-000-21256-00000 100-00-000-21256-00000 100-00-000-21256-00000 100-00-000-21256-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-00-000-21210-00000 100-25-299-50223-00000 100-25-299-50220-00000 Grand Total: Amount $ 606.34 $ 1,962.06 $ 695.93 $ 7,309.09 $ 2,656.50 $ 942.74 $ 36,824.47 $ 1,629.09 $ 755.29 $ 1,870.00 $ 1,380.20 $ 754.64 $ 713.55 $ 3,475.28 $ 2,282.97 $ 369.15 $ 12,309.28 $ 1,281.34 $ 675.00 $ 1,015.19 $ (754.64) $ 183.21 $ 21.78 $ 15,475.35 $ 16,257.58 $ 11,731.66 $ 7,872.57 $ 7,309.09 $ 2,656.50 $ 942.74 $ 35,093.37 $ 1,629.09 $ 755.29 $ 1,870.00 $ 1,380.20 $ 713.55 $ 3,475.28 $ 2,282.97 $ 15,213.44 $ 30,958.86 $ 1,093.26 $ 23,049.31 $ 13,855.67 $ 369.15 $ 12,309.28 $ 1,281.34 $ 675.00 $ 1,015.19 $ 20,687.00 $ 853.38 $ 933,336.19 Page 8 of 8 ITEM NO. 2 STAFF REPORT ALD��ti TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works sary GABRIEL DATE: March 1, 2023 ono" ..VALLEY ,�, 01 "p QJAN„P�`��' SUBJECT: Approve Resolution 2023-005, "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Director of Public Works to Execute Program Supplement Agreement (PSA) No. N014 Rev.1 with the State of California Department of Transportation to Administer Agency -State Agreements for Federal -Aid Projects." SUMMARY This item will adopt Resolution No. 2023-005, authorizing the Director of Public Works to execute Program Supplement Agreement (PSA) No. N014 Rev.1 for Federal Project No. HPLUL-5323(028) with the State of California Department of Transportation. The PSA will incorporate the Maine Avenue Improvements Project from Ramona Boulevard to Pacific Avenue into the existing Master Agreement No. 07-5323521. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2023-005, entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Authorizing the Director of Public Works to Execute Program Supplement Agreement (PSA) No. N014 Rev.1 with the State of California Department of Transportation to Administer Agency -State Agreement for Federal -Aid Projects." FISCAL IMPACT There is no impact to the General Fund associated with the execution the PSA. The approval of PSA No. N014 allows for the disbursement of federal funds in the amount of $269,970.00 for Federal Project No. HPLUL-5323(028) to be authorized from the State of California Department of Transportation (Caltrans). BACKGROUND The approval of this PSA adopts and incorporates federally grant -funded projects into the City's existing Master Agreement (MA) No. 07-5323521 Administering Agency -State Agreements for federally funded projects. The Master Agreement serves as the funding mechanism and administration document for state and/or federal grant -funded projects that are awarded to the City. The typical term for the Master Agreement is ten (10) years and as federal and state grants are awarded to the city, the projects are incorporated into the Master Agreement through the PSA process. Specific technical information developed and customized for each project including a detailed cost, scope, and schedule would be contained in the PSA. As a condition for disbursement of funds, the City must execute PSA No. N014 (Attachment 2), which adopts and incorporates this project into the existing MA. The most recent MA was authorized by the City Council on May 4, 2022, via Resolution No. 2022-018 re -authorizing the Master Agreement to carry-over existing and incorporate newly and future grant -awarded projects. Page 1 / 2 DISCUSSION On February 14, 2023, the Caltrans Accounting Office budgeted and made funds available for encumbrance allocated Federal funds through its SAFETEA-LU High Priority (HPLUL) for the construction of the Maine Avenue Improvements Project. The allocated amount of $269,970.00, encompasses Federal Grant No. HPLUL-5323(028) for construction work. The City match for this project is $49,092.02 for a total of construction budget of $319,066.02. Upon execution of the PSA, the City may commence expenditures and payment request on a reimbursement basis through Caltrans' Local Assistance Division. The PSA is for the Maine Avenue Improvements Project located along Maine Avenue between Ramona Boulevard and Bogart Avenue. Improvements include installation of traffic control devices to improve pedestrian crossing safety, signage, traffic loops, shared bike lanes, striping, and pavement rehabilitation. These improvements may be supplemental and incorporate planned improvements to the Susan Rubio Zocalo and Civic Center Plaza and City Hall. ALTERNATIVES 1. The City Council may choose not to adopt Resolution No. 2023-005 approving the Program Supplement Agreement. This action is not recommended as this will delay the work and may result in loss of funds. 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. Resolution 2023-005 2. Program Supplement Agreement No. N014 Rev.1 Page 2/2 PROGRAM SUPPLEMENT NO. N014 Rev. 1 to ADMINISTERING AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS NO 07-5323R Adv. Project ID Date: February 14, 2023 0700021292 Location: 07-LA-0-BWP Project Number: HPLUL-5323(028) E.A. Number: Locode: 5323 This Program Supplement hereby adopts and incorporates the Administering Agency -State Agreement for Federal Aid which was entered into between the Administering Agency and the State on 08/27/2009 and is subject to all the terms and conditions thereof. This Program Supplement is executed in accordance with Article I of the aforementioned Master Agreement under authority of Resolution No. approved by the Administering Agency on (See copy attached). The Administering Agency further stipulates that as a condition to the payment by the State of any funds derived from sources noted below obligated to this PROJECT, the Administering Agency accepts and will comply with the special covenants or remarks set forth on the following pages. PROJECT LOCATION: Maine Ave in Baldwin Park TYPE OF WORK: Roadway Widening LENGTH: 0.0(MILES) Estimated Cost Federal Funds Matching Funds LY10 $218,642.00 LOCAL OTHER HY10 $51,328.00 $319,066.02 $49,096.02 $0.00 By Title Date Attest STATE OF CALIFORNIA Department of Transportation By Chief, Office of Project Implementation Division of Local Assistance Date I hereby certify upon my personal knowledge that budgeted funds are available for this encumbrance: Accounting Officer Date 02/14/2023 Program Supplement 07-5323R-N014-R1- ISTEA Page 1 of 7 07-LA-0-BWP HPLUL-5323(028) SPECIAL COVENANTS OR REMARKS 1. A. The ADMINISTERING AGENCY will advertise, award and administer this project in accordance with the current published Local Assistance Procedures Manual. B. ADMINISTERING AGENCY agrees that it will only proceed with work authorized for specific phase(s) with an "Authorization to Proceed" and will not proceed with future phase(s) of this project prior to receiving an "Authorization to Proceed" from the STATE for that phase(s) unless no further State or Federal funds are needed for those future phase(s). C. STATE and ADMINISTERING AGENCY agree that any additional funds which might be made available by future Federal obligations will be encumbered on this PROJECT by use of a STATE -approved "Authorization to Proceed" and Finance Letter. ADMINISTERING AGENCY agrees that Federal funds available for reimbursement will be limited to the amounts obligated by the Federal Highway Administration. D. Award information shall be submitted by the ADMINISTERING AGENCY to the District Local Assistance Engineer within 60 days of project contract award and prior to the submittal of the ADMINISTERING AGENCY'S first invoice for the construction contract. Failure to do so will cause a delay in the State processing invoices for the construction phase. Attention is directed to Section 15.7 "Award Package" of the Local Assistance Procedures Manual. E. ADMINISTERING AGENCY agrees, as a minimum, to submit invoices at least once every six months commencing after the funds are encumbered for each phase by the execution of this Project Program Supplement Agreement, or by STATE's approval of an applicable Finance Letter. STATE reserves the right to suspend future authorizations/obligations for Federal aid projects, or encumbrances for State funded projects, as well as to suspend invoice payments for any on -going or future project by ADMINISTERING AGENCY if PROJECT costs have not been invoiced by ADMINISTERING AGENCY for a six-month period. If no costs have been invoiced for a six-month period, ADMINISTERING AGENCY agrees to submit for each phase a written explanation of the absence of PROJECT activity along with target billing date and target billing amount. ADMINISTERING AGENCY agrees to submit the final report documents that collectively constitute a "Report of Expenditures" within one hundred eighty (180) days of PROJECT completion. Failure of ADMINISTERING AGENCY to submit a "Final Report of Expenditures" within 180 days of PROJECT completion will result in STATE imposing sanctions upon ADMINISTERING AGENCY in accordance with the current Local Assistance Procedures Manual. Program Supplement 07-5323R-N014-R1- ISTEA Page 2 of 7 07-LA-0-BWP HPLUL-5323(028) SPECIAL COVENANTS OR REMARKS F. Administering Agency shall not discriminate on the basis of race, religion, age, disability, color, national origin, or sex in the award and performance of any Federal -assisted contract or in the administration of its DBE Program Implementation Agreement. The Administering Agency shall take all necessary and reasonable steps under 49 CFR Part 26 to ensure nondiscrimination in the award and administration of Federal -assisted contracts. The Administering Agency's DBE Implementation Agreement is incorporated by reference in this Agreement. Implementation of the DBE Implementation Agreement, including but not limited to timely reporting of DBE commitments and utilization, is a legal obligation and failure to carry out its terms shall be treated as a violation of this Agreement. Upon notification to the Administering Agency of its failure to carry out its DBE Implementation Agreement, the State may impose sanctions as provided for under 49 CFR Part 26 and may, in appropriate cases, refer the matter for enforcement under 18 U.S.C. 1001 and/or the Program Fraud Civil Remedies Act of 1986 (31 U.S.C. 3801 et seq.). G. Any State and Federal funds that may have been encumbered for this project are available for disbursement for limited periods of time. For each fund encumbrance the limited period is from the start of the fiscal year that the specific fund was appropriated within the State Budget Act to the applicable fund Reversion Date shown on the State approved project finance letter. Per Government Code Section 16304, all project funds not liquidated within these periods will revert unless an executed Cooperative Work Agreement extending these dates is requested by the ADMINISTERING AGENCY and approved by the California Department of Finance. ADMINISTERING AGENCY should ensure that invoices are submitted to the District Local Assistance Engineer at least 75 days prior to the applicable fund Reversion Date to avoid the lapse of applicable funds. Pursuant to a directive from the State Controller's Office and the Department of Finance; in order for payment to be made, the last date the District Local Assistance Engineer can forward an invoice for payment to the Department's Local Programs Accounting Office for reimbursable work for funds that are going to revert at the end of a particular fiscal year is May 15th of the particular fiscal year. Notwithstanding the unliquidated sums of project specific State and Federal funding remaining and available to fund project work, any invoice for reimbursement involving applicable funds that is not received by the Department's Local Programs Accounting Office at least 45 days prior to the applicable fixed fund Reversion Date will not be paid. These unexpended funds will be irrevocably reverted by the Department's Division of Accounting on the applicable fund Reversion Date. H. As a condition for receiving federal -aid highway funds for the PROJECT, the Administering Agency certifies that NO members of the elected board, council, or other key decision makers are on the Federal Government Exclusion List. Exclusions can be found at www.sam.gov. Program Supplement 07-5323R-N014-R1- ISTEA Page 3 of 7 07-LA-0-BWP HPLUL-5323(028) SPECIAL COVENANTS OR REMARKS 2. A. ADMINISTERING AGENCY shall conform to all State statutes, regulations and procedures (including those set forth in the Local Assistance Procedures Manual and the Local Assistance Program Guidelines, hereafter collectively referred to as "LOCAL ASSISTANCE PROCEDURES") relating to the federal -aid program, all Title 23 Code of Federal Regulation (CFR) and 2 CFR Part 200 federal requirements, and all applicable federal laws, regulations, and policy and procedural or instructional memoranda, unless otherwise specifically waived as designated in the executed project -specific PROGRAM SUPPLEMENT. B. Invoices shall be formatted in accordance with LOCAL ASSISTANCE PROCEDURES. C. ADMINISTERING AGENCY must have at least one copy of supporting backup documentation for costs incurred and claimed for reimbursement by ADMINISTERING AGENCY. ADMINISTERING AGENCY agrees to submit supporting backup documentation with invoices if requested by State. Acceptable backup documentation includes, but is not limited to, agency's progress payment to the contractors, copies of cancelled checks showing amounts made payable to vendors and contractors, and/or a computerized summary of PROJECT costs. D. Indirect Cost Allocation Plan/Indirect Cost Rate Proposals (ICAP/ICRP), Central Service Cost Allocation Plans and related documentation are to be prepared and provided to STATE (Caltrans Audits & Investigations) for review and approval prior to ADMINISTERING AGENCY seeking reimbursement of indirect costs incurred within each fiscal year being claimed for State and federal reimbursement. ICAPs/ICRPs must be prepared in accordance with the requirements set forth in 2 CFR, Part 200, Chapter 5 of the Local Assistance Procedural Manual, and the ICAP/ICRP approval procedures established by STATE. E. STATE will withhold the greater of either two (2) percent of the total of all federal funds encumbered for each PROGRAM SUPPLEMENT or $40,000 until ADMINISTERING AGENCY submits the Final Report of Expenditures for each completed PROGRAM SUPPLEMENT PROJECT. F. Payments to ADMINISTERING AGENCY for PROJECT -related travel and subsistence (per diem) expenses of ADMINISTERING AGENCY forces and its contractors and subcontractors claimed for reimbursement or as local match credit shall not exceed rates authorized to be paid rank and file STATE employees under current State Department of Personnel Administration (DPA) rules. If the rates invoiced by ADMINISTERING AGENCY are in excess of DPA rates, ADMINISTERING AGENCY is responsible for the cost difference, and any overpayments inadvertently paid by STATE shall be reimbursed to STATE by ADMINISTERING AGENCY on demand within thirty (30) days of such invoice. Program Supplement 07-5323R-N014-R1- ISTEA Page 4 of 7 07-LA-0-BWP HPLUL-5323(028) SPECIAL COVENANTS OR REMARKS G. ADMINISTERING AGENCY agrees to comply with 2 CFR, Part 200, Uniform Administrative Requirements, Cost Principles and Audit Requirement for Federal Awards. H. ADMINISTERING AGENCY agrees, and will assure that its contractors and subcontractors will be obligated to agree, that Contract Cost Principles and Procedures, 48 CFR, Federal Acquisition Regulations System, Chapter 1, Part 31, et seq., shall be used to determine the allowability of individual PROJECT cost items. I. Every sub -recipient receiving PROJECT funds under this AGREEMENT shall comply with 2 CFR, Part 200, 23 CFR, 48 CFR Chapter 1, Part 31, Local Assistance Procedures, Public Contract Code (PCC) 10300-10334 (procurement of goods), PCC 10335-10381 (non-A&E services), and other applicable STATE and FEDERAL regulations. J. Any PROJECT costs for which ADMINISTERING AGENCY has received payment or credit that are determined by subsequent audit to be unallowable under 2 CFR, Part 200, 23 CFR, 48 CFR, Chapter 1, Part 31, and other applicable STATE and FEDERAL regulations, are subject to repayment by ADMINISTERING AGENCY to STATE. K. STATE reserves the right to conduct technical and financial audits of PROJECT WORK and records and ADMINISTERING AGENCY agrees, and shall require its contractors and subcontractors to agree, to cooperate with STATE by making all appropriate and relevant PROJECT records available for audit and copying as required by the following paragraph: ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractors, and STATE shall each maintain and make available for inspection and audit by STATE, the California State Auditor, or any duly authorized representative of STATE or the United States all books, documents, papers, accounting records, and other evidence pertaining to the performance of such contracts, including, but not limited to, the costs of administering those various contracts and ADMINISTERING AGENCY shall furnish copies thereof if requested. All of the above referenced parties shall make such AGREEMENT, PROGRAM SUPPLEMENT, and contract materials available at their respective offices at all reasonable times during the entire PROJECT period and for three (3) years from the date of submission of the final expenditure report by the STATE to the FHWA. L. ADMINISTERING AGENCY, its contractors and subcontractors shall establish and maintain a financial management system and records that properly accumulate and segregate reasonable, allowable, and allocable incurred PROJECT costs and matching funds by line item for the PROJECT. The financial management system Program Supplement 07-5323R-N014-R1- ISTEA Page 5 of 7 07-LA-0-BWP HPLUL-5323(028) SPECIAL COVENANTS OR REMARKS of ADMINISTERING AGENCY, its contractors and all subcontractors shall conform to Generally Accepted Accounting Principles, enable the determination of incurred costs at interim points of completion, and provide support for reimbursement payment vouchers or invoices set to or paid by STATE. M. ADMINISTERING AGENCY is required to have an audit in accordance with the Single Audit Act of 2 CFR 200 if it expends $750,000 or more in Federal Funds in a single fiscal year of the Catalogue of Federal Domestic Assistance. N. ADMINISTERING AGENCY agrees to include all PROGRAM SUPPLEMENTS adopting the terms of this AGREEMENT in the schedule of projects to be examined in ADMINISTERING AGENCY's annual audit and in the schedule of projects to be examined under its single audit prepared in accordance with 2 CFR, Part 200. O. ADMINISTERING AGENCY shall not award a non-A&E contract over $5,000, construction contracts over $10,000, or other contracts over $25,000 [excluding professional service contracts of the type which are required to be procured in accordance with Government Code sections 4525 (d), (e) and (f)] on the basis of a noncompetitive negotiation for work to be performed under this AGREEMENT without the prior written approval of STATE. Contracts awarded by ADMINISTERING AGENCY, if intended as local match credit, must meet the requirements set forth in this AGREEMENT regarding local match funds. P. Any subcontract entered into by ADMINISTERING AGENCY as a result of this AGREEMENT shall contain provisions B, C, F, H, I, K, and L under Section 2 of this agreement. 3. In the event that right of way acquisition for or construction of this project of the initial federal authorization for preliminary engineering is not started by the close of the tenth fiscal year following the fiscal year in which the project is authorized, the ADMINISTERING AGENCY shall repay the Federal Highway Administration through Caltrans the sum of Federal funds paid under the terms of this agreement. 4. Appendix E of the Title VI Assurances (US DOT Order 1050.2A) During the performance of this agreement, the ADMINISTERING AGENCY, ADMINISTERING AGENCY'S contractors and subcontractor, (hereinafter referred to as the "contractor") agrees to comply with the following nondiscrimination statutes and authorities; including but not limited to: Pertinent Nondiscrimination Authorities: A. Title VI of the Civil Rights Act of 1964 (42 U.S.C. 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. B. The Uniform Relocation Assistance and Real Property Acquisition Policies Act of Program Supplement 07-5323R-N014-R1- ISTEA Page 6 of 7 07-LA-0-BWP HPLUL-5323(028) SPECIAL COVENANTS OR REMARKS 1970, (42 U.S.C. 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and projects); C. Federal -Aid Highway Act of 1973, (23 U.S.C. 324 et seq.), (prohibits discrimination on the basis of sex); D. Section 504 of the Rehabilitation Act of 1973, (29 U.S.C. 794 et seq.), as amended, (prohibits discrimination on the basis of disability); and 49 CFR Part 27; E. The Age Discrimination Act of 1975, as amended, (42 U.S.C. 6101 et seq.), (prohibits discrimination on the basis of age); F. Airport and Airway Improvement Act of 1982, (49 U.S.C. 4 71, Section 4 7123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); G. The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and applicability of Title V1 of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or activities" to include all of the programs or activities of the Federal -aid recipients, subrecipients and contractors, whether such programs or activities are Federally funded or not); H. Titles 11 and III of the Americans with Disabilities Act, which prohibit discrimination on the basis of disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; I. The Federal Aviation Administration's Nondiscrimination statute (49 U.S.C. 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); J. Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-income Populations, which ensures nondiscrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; K. Executive Order 13166, Improving Access to Services for Persons with Limited English Proficiency, and resulting agency guidance, national origin discrimination includes discrimination because of limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure that LEP persons have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); L. Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating because of sex in education programs or activities (20 U.S.C. 1681 et seq). Program Supplement 07-5323R-N014-R1-ISTEA Page 7 of 7 RESOLUTION NO. 2023-005 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE DIRECTOR OF PUBLIC WORKS TO EXECUTE PROGRAM SUPPLEMENT AGREEMENTS NO. N014 REV.1 WITH THE STATE OF CALIFORNIA TO ADMINISTER AGENCY -STATE AGREEMENT FOR FEDERAL -AID PROJECTS." WHEREAS, the City of Baldwin Park is eligible to receive Federal and/or State funding for Transportation Projects; and WHEREAS, the Federal and/or State Agencies revised the programming and funding process for Transportation Projects, which are incorporated into the new Master Agreements; and WHEREAS, Master Agreements, Program Supplement Agreements, Fund Exchange Agreements and/or Fund Transfer Agreements need to be executed with Federal and State Agencies including the California Department of Transportation before such funds could be claimed; and WHEREAS, the City of Baldwin Park wishes to delegate authorization to execute these agreements and any amendments thereto to the Director of Public Works or his designee. NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. All the above recitals are all true and correct. SECTION 2. That the City of Baldwin Park agrees to comply with all conditions and requirements set forth in the Master Agreement and applicable statutes, regulations, and guidelines for all federally and/or State Funded Transportation Projects. SECTION 3. That the Mayor and City Council approved Master Agreement No.07- 5323521 on May 4, 2022, by adopting Resolution 2022-018 and allowing addition of Program Supplements and any Amendments thereto, for Federally and/or State Funded Projects. SECTION 4. That the Director of Public Works or his designee be authorized to execute the Program Supplement Agreement N014 Rev.1. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. Resolution No. 2023-005 PSA No. N014 Rev.1 for HPLUL-5323(028) Page 2 PASSED, APPROVED, AND ADOPTED this 1st day of March 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 Resolution No. 2023-005 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on March 1, 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. 3 TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation and Community �Zv ��ay0Services ,' DATE: March 1, 2023 SUBJECT: Authorization to Advertise the Request for Proposal (RFP) for Professional Pyrotechnic Services for the 4th of July Spectacular SUMMARY The purpose of this report is to authorization from the City Council to advertise for Request for Proposals (RFP) for professional pyrotechnic services related to the 4th of July Spectacular. RECOMMENDATION It is recommended that the City Council authorize the advertisement of the Request for Proposal (RFP) for professional pyrotechnic services for the 4th of July Spectacular. FISCAL IMPACT There is no fiscal impact to the current fiscal year. The request for proposals shall not exceed $23,000.00 for pyrotechnic services. The cost will be added during the FY23/24 Budget process. BACKGROUND The Department of Recreation and Community Services is seeking a professional pyrotechnic company to perform the 4th of July Spectacular Pyrotechnic Show. The companies' proposals will include an 18-minute custom designed, synchronized, and choreographed sky concert. The show will be electronically fired and include musical and narrative scores, a show director with a minimum of 2,000- fired pieces. The proposals will include all the necessary permits, insurances and licensed pyrotechnic and sand free firing racks. To increase the potential vendor pool, phone calls will be made to encourage vendors to participate, as well as letters will be mailed, emailed and faxed to professional pyrotechnic companies. Proposals will be due to the Department of Recreation & Community Services by Thursday, March 30, 2023, at 10:OOam. Vendors must meet all the requirements set forth by the City of Baldwin Park, County, State, and Federal guidelines. The pyrotechnic show is proposed to be conducted at Sierra Vista High School Athletic Field on Tuesday, July 4, 2023. The 4th of July Spectacular event attracts over 6,000 spectators and is viewed as the official summer kick-off in the community. ALTERNATIVES The City Council may elect not to host the event. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content Page 1 / 2 ATTACHMENTS 1. Request for Proposals (RFP) Page 2/2 CITY OF BALDWIN PARK 4T" OF JULY SPECTACULAR 2023 REQUEST FOR PROPOSALS (RFP) The City of Baldwin Park (City) conducts an annual 4tn of July Fireworks show (Show) as part of its 4tn of July Spectacular. The Show is held at the Sierra Vista High School. The campus is used throughout the 4t" of July Celebration for various other activities and entertainment. The City wishes to enter a one (1) year contract for a professional show with at least the following pyrotechnic displays: The show must be at least 18 minutes in length without breaks with appropriate patriotic music accompaniment. The contractor will not be responsible for the sound system although must provide the audible portion of the show. FIREWORKS SPECIFICATIONS: Base Bid 1. Duration of display - 18-minute minimum. 2. Show will have a minimum of 2,000-fired pieces. 3. Fireworks Bid not to exceed $23,000. 4. Fireworks ignition — electronic. 5. $5,000,000 single limit liability insurance naming the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, and each of their officers, agents, employees, and volunteers additionally insured. 6. Maximum shell size: 3". 7. Sand free firing racks. 8. No ground set pieces. 9. Music and voice narration CD provided. 10. Fall out zone to comply with National Fire Protection Association Code 1123, Los Angeles County Fire Department, and any other government agencies. DELIVERABLES: Base Bid 1. Vendor and fireworks must arrive no later than Tuesday, 9:OOam, July 4, 2023, at Sierra Vista High School, 3600 Frazier Street, Baldwin Park, CA 91706. Fireworks show to start at 9:OOpm sharp. 2. Vendor must provide all safety equipment for themselves and their crew. (Ear plugs, hard hats, eye protection, gloves, long sleeve protective clothing, etc.). 3. Vendor must provide all supplies needed for set-up and show which include but are not limited to hammers, racks, fuses, fire extinguishers, and anything needed to provide a successful show. PERMITS: 1. Vendor MUST obtain all permits or licenses required by law. Cost must be included in bid. 2. Vendor must obtain a business license permit from the City of Baldwin Park. The business license permit can be purchased at: City of Baldwin Park City Hall — 2nd Floor, Finance 14403 E. Pacific Avenue Baldwin Park, CA 91706 Business Hours Monday — Thursday, 7:30am to 6:OOpm Phone (626) 960-4011, Extension 119 3. Vendor MUST abide by all rules and regulations imposed by law including National Fire Protection Association Code 1123 and California Code of Regulations, Title 19, Chapter 6 and the California Health & Safety Code 12500-12726. Please note the vendor will be responsible for all permit fees required by Los Angeles County Fire Department and any other Government Agencies. The City is to be informed of any additional fees. MEETINGS: 1. PRIOR to award of contract, a representative must meet with City for a site inspection. 2. Meet with the City a minimum of two (2) times prior to the event. Pyrotechnic shooter must be present to review site with City representatives one (1) of these times. INSURANCE: 1. Provide insurance from a company authorized to do business in the State of California. 2. Must agree to hold harmless, indemnify and defend the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, and each of their officers, agents, employees, and volunteers and as additionally insured. 3. Vendor shall obtain at its sole cost and file with the City of Baldwin Park, City Clerk's Office, a policy or policies of insurance or a certificate of insurance and Vendor must obtain a business license permit from the City of Baldwin Park: a. Naming the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, its officers, agents, employees, and volunteers and as additionally insured. b. Provide that said policy or policies shall contain a clear cancellation and/or reschedule provision, as to the City's options in case of inclement weather or severe wind. C. Each policy of insurance must be issued by an insurance company, which is authorized to do business in the State of California. d. Insurance with the following limits. (1) Workers Compensation: Before beginning work, vendor shall supply proof of full workers compensation insurance for all persons to be employed directly in carrying out the work as specified in accordance with the laws of the State of California. (2) Comprehensive General Liability: (Bodily Injury and Property Damage) which shall include limits of at least $5 million single limit. PAYMENT: 50% to be due June 16, 2023, and balance due on July 10, 2023. PROPOSALS: Proposals must be submitted as follows: 1. Description of the proposed show indicating size and type of devise planned. 2. Contractor qualifications including required licenses (and expiration date) and references of other local municipalities served (minimum of three (3). 3. Proposed staffing with descriptions of experience and qualifications with Name and Contact numbers. 4. Proof of insurance or insurability. 5. Assurances that the proposal will comply with each of the requirements. 6. Quote for the year, if the City chooses to extend the contract for one (1) year. 7. Assurances as to quality of show and customer satisfaction. Please submit two (2) copies of your proposals by Thursday, March 30, 2023, at 10:OOam to: City of Baldwin Park Department of Recreation & Community Services 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 Attention: Manuel Carrillo Jr. Proposals will be opened in public at the above address on Thursday, March 30, 2023, at 10:OOam. Proposals will be evaluated first on compliance with the requirements established in this request for proposal, safety record, training, and price. The City of Baldwin Park reserves the right to reject any and all bids for any reason. Any questions regarding this request for proposals, please contact Manuel Carrillo Jr., Director of Recreation & Community Services, at (626) 813-5269 or electronically at Mcarrillo@baidwinpark.com by Tuesday, March 14, 2023. ITEM NO. 4 STAFF REPORT ALD��ti TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works sary GABR►EL DATE: March 1, 2023 ono" ..VALLEY ,�, 01 "p QJAN„P�`��' SUBJECT: Approval of Additional Maintenance Work at the Homeless Housing Family Site Project (Serenity Homes) at 13167 Garvey Avenue Consisting of Material and Equipment Procurements, and Construction Work C ► This item requests approval of various proposals and expenditures related to the Family Site Project located at 13167 Garvey Avenue in the City of Baldwin Park (city -owned previously Mr. Rooter site). Proposed maintenance work includes procurement and installation of additional security cameras, front gate security upgrades, installation of an access platform and steps for the existing on -site restroom and shower facility trailers, installation of a glass sliding door in the multi -purpose room, installation of glass french doors, upgrades to the existing roof, site furniture procurement, and flooring upgrades for the site's storage room. The funds would come from the San Gabriel Valley Regional Housing Trust (SGVRHT) from their Site Improvement and Maintenance budget on a reimbursement basis. On January 25, 2023, Staff received pre -approval for all work in the amount of $90,030.00 to cover the costs of the various work items. RECOMMENDATION It is Staff's recommendation that the City Council: 1. Approve professional services and material procurement proposals from: a. Greg Ruvolo (Contractor) for a total amount not -to -exceed $38,314.00 consisting of: i. Installation of a glass sliding door in the amount of $2,660.00. ii. Installation of an access platform -and -step system in the amount of $13,080.00. iii. Perform roofing upgrades to an existing building in the amount of $15,280.00. iv. Installation entry gate security system in the amount of $7,294.00; and b. Ram Construction and Fencing LLC for the purchase and installation of a glass French door in the not -to -exceed amount of $12,250.00; and c. Spino Excavating for the repair and installation of epoxy flooring in the not -to -exceed amount of $13,200.00; and d. ConvergeOne for procurement and installation of security cameras in the not -to -exceed amount of $18,407.33; and e. ULINE, Inc. for material procurement for furniture and tables in the amount of $7,559.39. 2. Authorize the Public Works Director to execute the procurement and professional services proposals and to coordinate with the various entities in all elements as necessary to complete the maintenance work at the site; and 3. Authorize the Director of Finance to make the necessary budget adjustments and processing of invoices including reimbursement requests made to the SGVRHT for qualified expenditures. Page 1 / 3 FISCAL IMPACT There is no impact to the General Fund. City expenditures have been pre -approved and will be reimbursed by the San Gabriel Valley Regional Housing Trust (SGVRHT). The Finance Department has created an expenditure account under Fund 270 for the proposed maintenance work as follows: Description Account Number Amount not -to -exceed Greg Ruvolo (Contractor) Glass Sliding Door 270-50-595-53371-55023 $2,660.00 Access Platform -and -Steps 270-50-595-53371-55023 $13,080.00 Roof Repairs 270-50-595-53371-55023 $15,280.00 Entry Gate Security System 270-50-595-53371-55023 $7,294.00 Ram Construction Glass French Doors 270-50-595-53371-55023 $12,250.00 S ino Excavating Epoxy Flooring 270-50-595-53371-55023 $13,200.00 Conver eOne Security Cameras 270-50-595-53371-55023 $18,407.33 ULINE, Inc. Site Furniture 270-50-595-53371-55023 $7,559.39 Total Funding Requested $89,730.72 BACKGROUND In the summer of 2021, the SGVRHT received a State Budget Earmark of $20 million to address the affordable housing shortage and homeless crisis in the San Gabriel Valley. The SGVRHT solicited interested cities to submit a Letter of Intent and Application for funding under the HHPP. The City Council directed staff to apply for the HHPP grant and Baldwin Park was awarded $1,125,000 to develop and operate housing for homeless families at 13167 Garvey Avenue. At their February 16, 2022, City Council Meeting, City Council provided staff direction to enter into an agreement with the San Gabriel Valley Regional Housing Trust (SGVRHT) to develop and provide homeless housing and related services for homeless families at the City -owned property of 13167 Garvey Avenue as part of the Homeless Housing Pilot Program (HHPP). Serenity Homes held their grand opening on September 24, 2022. On December 22, 2022, the City Council approved and accepted project improvements and close-out of related expenditures for the Serenity Homes project. During said meeting, Staff received direction from City Council to seek quotes for dire upgrades needed, particularly upgrades to the existing steps to access the trailers and flooring upgrades for one of the community buildings. DISCUSSION Since Serenity Homes' Grand Opening, various families have moved into the modular tiny homes and are currently utilizing the various amenities offered at the site. Through ongoing coordination with the San Gabriel Valley Regional Housing Trust (SGVRHT) and their on -site manager, CityNet, it was understood that there is a desire to provide upgrades to existing components of the site as well as maintenance support in conjunction to direction previously provided by City Council. Staff procured quotes for all work as coordinated with SGVRHT and CityNet. All procurement materials and professional services proposed in this report have been pre -approved by SGVRHT and will be reimbursed upon completion of the work. Therefore, staff recommends that the City Council approve the proposals and authorize staff to proceed with the expenditures. ALTERNATIVES Provide Staff with alternate direction. Page 2/3 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 None Required. ATTACHMENTS 1. Proposals for services 2. SGVRHT Reimbursement Approval Page 3/3 41 15021 Lashburn St Whittier Ca 90604 562-824-7725 For: City Of Baldwin Park Ship To: avazquez@baidwinpark.com 4100 Baldwin Park Blvd Baldwin Park Calif. 91706 cut out 6'opening between two rooms and frame for glass sliding door (terminate re-route any utilities in the wall) install 6'glass sliding door trim & f inish both sides of door 680new 6'glass sliding door All hardware and other consurnables to complete job Subtotal Shipping Total 525 01/12/2023 ot 1 $675.00 $675.00 1 $750.00 $750D0 1 $400.00 $400.00 1 $660.00 $660.00 1 $175.00 $175D0 $2,660.00 $a00 $2,660.00 Total $2,660.00 Greg Ruvo0o Estimate 15021 Laahbum5: Estimate No: 524 Whittier Ca9O6O4 Date: 01/12/2023 562-824-7725 For: City OfBaldwin Park Ship To: Tracking No avazqucz@ba|dw|nparkcom Ship Via 410DBaldwin Park Blvd FOB Baldwin Park Calif. 917D6 Description Quantity Rate Amount 72dQFabhcatea40'x5'x35^steel platform with expanded metal fluncapprnx 12upright legs, hand rail to 1 $9,260D0 $9,200�00 match existing ads ramp, approx. 5'wide steps from ground to platform also hand railing both sides of steps, install thresholds from platform to door entry, powder coat black to match existing ada ramp materiel toconstruct platform 1 $1.745l0 $1,745I0 powder coating 1 $1.850.00 $1.850.00 all hardware and other ronsumab|cs 1 $225.00 $225I0 Subtotal $13,080D0 Shipping $0D0 Total $13.080D0 Total $13,080.00 gogm 19, ��,Mwm 15021 Lashburn St Whittier Ca 90604 562-824-7725 For: City Of Baldwin Park avazquez@baidwinpark.com 4100 Baldwin Park Blvd Baldwin Park Calif. 91706 Estimate Estimate No: 527 Date: 01/15/2023 ot Description Quantity Rate Amount REMOVE ALL MATERIEL FROM EXISTING ROOFS 1 $4,000D0 $4,000.00 REPLACE ALL DAMAGED WOOD 1 $3,400D0 $3,400D0 INSTALL FIRST LAYER OF PEEL AND STICK TAR PAPER AND FINAL WHITE COOL ROOF TORCHED DOWN 1 $7,880.00 $7,880.00 POLY -GLASS Subtotal $15,280D0 Shipping $0.00 Total $15,280.00 Total $15,280.00 Whittier Ca 90604 562-824-7725 For: City CfBaldwin Park Ship7o: TINYHOMB20 avazquez@b|dwinparkcom 41O0Baldwin Park Blvd Baldwin Park Calif. 917O6 Ems= Aiphone|X-MV7 Aiphone ix-dv gate camera Assaob|oy9&OOelectric sthkrrforfmntgate Install camera onfnon gate, install magnetic lock on front gate, Run approx267ofcat 5wire tooffice. Connect iaphonetmexisting switch panel, set upand confirm operation 538 02/22/2023 Quantity Rate Amount 1 $1,758.00 1 $1,265.00 1 $606.00 1 $3.685.00 Subtotal Shipping Total flM $1,758.00 $1'265l0 $60600 $3.6d5DO I*111A,MIN I i l7IMI CMA OUT YETIN Ram i i and w; Fencing ESTIMATE Phone (626) 494-3289 rn encel rcDvahoo.com j 13339 EARL, Ave Baldwin park ca 1626 926 6051 I spinoxcavatirig@ginaii.com 13135 Garvey Ave Baldwin Park ca Date 01/17/2023 Description of work: Saw cut removed and haul away debris instali a new3/4 conduit froi'n par'Iel to desired location for fUtUre electrical project repour concrete in trench to 'finish grade FLOOR LEVELING / EPDXY Perform necessary to 61irninate uneven floor hLimp and ad"lieve a level finish with i-Ipoxy flake color to Ids determinate by CLIstomer i Construct CW11) and gutter ConstrUct 49" of curb and gutter around exterior of storage rooryi we MI enSL�re the�re is proper flesir I&ation 'TOTAL $ 9,500 TOTAL $ 3,700 Grand Total: $13,200 Quote #: OP-000733738 C o,,,-- v r g e 0 ri (3 Solution #: SO-000820053 Date: 2/22/2023 Solution Summary Tiny Homes 2 Additional Cameras Customer: City of Baldwin Park Primary Contact: Samuel Gutierrez Ship To Address: 13167 GARVEY AVE Email: sgutierrez@baidwinpark.com BALDWIN PARK, CA 91706 Customer ID: AAACITBAL0001 Phone: 626-960-4011 Prepared By: Kacey Martinez National Account Manager: David Ngo (SLED) KMartinez@convergeone.com Email: dngosied@convergeone.com 1 CABLING -SERVICES- Professional Services - Cabling 1 $9,934.00 $9,934.00 ENT NETWORK 2 CB51-30E-HW CB51-E OUTDOOR BULLET CAMERA, 30 DAYS 4 $979.30 $3,917.20 3 LIC-5Y Verkada 5 Year Cloud License 4 $629.30 $2,517.20 4 C1000-8FP-2G-L CATALYST 1000 8PORT GE, FULL POE, 2X1G SFP 1 $867.81 $867.81 5 CON-SNT-CIO08FPG SNTC-8X5XNBD CATALYST 1000 8PORT GE, FULL POE, 1 $85.28 $85.28 2X1G S 12mo 6760008888 24-4P UTP SOL BC CAT 6 PE 305M REEL FLOODED 1 $470.59 $470.59 OUTDOOR Blk 7 78006006003 10'PVC SCHEDULE 40 CONDUIT 12 $1.76 $21.18 8 08870006243 1 INCH PVC FEMALE ADAPTER 12 $1.18 $14.12 96141625 tin PVC CONDUIT COUPLER WITH CENTER STOP, 12 $1.18 $14.12 SCH40/80 Grey 10 0070075EG STRAP,ONE HOLE,3/4 IN 24 $2.35 $56.47 Sub Total: $17,897.96 Tax: $509.37 ACCEPTED BY: Total: $18,407.33 TITLE: DATE: TERMS AND CONDITIONS CONFIDENTIAL AND PROPRIETARY INFORMATION OF CONVERGEONE, INC. 1-800-295-5510 uline.com customer.service@uline.com Thank you for your interest in Uline! PRICING REQUEST REQUEST # 81716828 PROVIDED TO: BALDWIN PARK CITY OF SHIP TO: BALDWIN PARK CITY OF 14403 PACIFIC AVE 14403 PACIFIC AVE BALDWIN PARK CA 91706-4297 BALDWIN PARK CA 91706-4297 CUSTOMER NUMBER SHIP VIA REQUEST DATE 16120813 FEDEX FRT 01/24/23 QUANTITY U/M ITEM NUMBER DESCRIPTION UNIT PRICE E)(T. PRICE 52 EA H-5678BL PLASTIC STACKABLE CHAIR - BLACK 54.50 2,834.00 8 EA H-6933 ECONOMY TRAINING TABLE - 72 X 24" 235.00 1,880.00 4 EA H-8591 PATIO TABLE - 46" SQUARE 320.00 1,280.00 8 EA H-8592 PATIO STACKING CHAIR 75.00 600.00 SUB -TOTAL SALES TAX SHIPPINGMANDLING TOTAL 6,594.00 626.57 338.82 7,559.39 NOTE ATTENTION: BERNARDO NAVARRETE 000u@gnEnvelope ID: r4o03r10-6u5o4OEa-B08r'E13ar9o35O49 Mh,,!San Gabrie'l Valley Date 01/24/2023 City City of Baldwin Park Contact Sam Gutierrez I Bernardo Navarrete Description Amount Select Eligible Category: 2)$ 13,080.00 (Greg) [SLite Improv 4) $ 13,200.00 (Spino) Gaps in Services Provide brief description of i m prove ment/se rvice(s): 1) Sliding Door 2) Steps and Platform for trailers 3) Wall Conversion / French Doors (Glass) 4) Epoxy Flooring 5) Exterior Improvements (Roof) 6) Security Cameras (Assumes 4) 7) Access Point (Front Gate) Please attach invoice or estimate as backup. For SGVRHT Staff only: Reimbursement request approved: F—Xl Yes F—1 No vmyis$C�v ITEM NO. 5 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, City Manager Karina Rueda, Human Resource/Risk Manager �zv DATE: March 1, 2023 SUBJECT: Approval of Employment Agreement with Shirley A. Quinones for the Position of Chief Deputy City Clerk SUMMARY The attached Agreement for Chief Deputy City Clerk ("Agreement") with Shirley A. Quinones is presented for approval by the City Council ascertaining the terms and conditions of employment. RECOMMENDATION It is recommended that the City Council approve the Agreement with Shirley A. Quinones for the position of Chief Deputy City Clerk (subject to any non -substantive changes made by Chief Executive Officer and the City Attorney) and direct the Mayor and City Clerk to execute it. FISCAL IMPACT There is no fiscal impact as the Chief Deputy City Clerk position has remained vacant since November of 2022 at which time the prior incumbent resigned, and budgeted funds remain available. BACKGROUND Upon the position becoming vacant in November 2022, the City initiated a recruitment to solicit a pool of qualified candidates. Following a thorough review and vetting of the applicants, including an oral interview panel of internal raters, Ms. Quinones was selected as the top candidate. Ms. Quinones has the qualifications and experience for this position. If approved, the Agreement will be effective March 6, 2023. The Agreement sets the monthly base pay compensation for the Chief Deputy City Clerk at $6,172.30 per month or $74,067.59 annually, which is Step 2 of the salary range as per the City of Baldwin Park Comprehensive Pay Schedule. The Chief Deputy City Clerk position is expressly defined as "At -Will" and the employee shall serve at the pleasure of the City Council and Chief Executive Officer. ALTERNATIVES There are no alternatives. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Chief Deputy City Clerk Agreement 2. Chief Deputy City Clerk Job Description 3. Unclassified Managers Benefit Matrix Page 1 / 1 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 UNCLASSIFIED MANAGERS BENEFITS MATRIX Ir 0IITG a, IU I I1►Y 8 ] COST OF LIVING ADJUSTMENTS The following unadjusted base salary shall receive the following: COLA Effective July 1, 2021 - 2% COLA plus - $5,000 premiuin Effective July 1, 2022 — 3% COLA Effective July 1, 2023 - 3% COLA INSURANCES/SUPPLEMENTAL WANE PAYMENTS Benefits Plan Effective the first full pay period commencing on or after July 1, 2017, the maximum amount of monies that are eligible for cash out shall be capped at $1,200 per month. Effective the first full pay period commencing on or after July 1, 2017, the City's contribution to medical and dental premiums shall be increased to $1,400 per month. The employee is required to maintain a minimum coverage for himself/herself in a plan of their choice unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for self, two (2) party or family coverage; 2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage; 3. Placement spread over a combination of the options listed above; 4. Elect to receive any excess monies in cash, which will be considered as taxable income; or 5. Elect to place the excess cash monies in a City provided deferred compensation program. Vision Plan Effective the first full pay period commencing on or after July 1, 2017, the City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $37.55 per month. If the premium exceeds the amount, then the employee shall be responsible to pay the difference in excess of$37.55. Page 7 of 13 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Life Insurance The City will provide term life insurance in the face amount of $60,000 effective April 6, 2016. The City will provide a supplemental life insurance program to enable employees to purchase additional life insurance at the employee's cost and no contribution from the City. Long -Term Disability and Short Term Disability The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Human Resources Office. Effective June 1, 1993, affected employees will be eligible to receive benefits commencing on the 31 st day of non -work related injury or illness, and employees will be eligible to receive a maximum benefit of 66 2/3% of their current base salary up to a maximum of $5,000 per month. RETIREMENT Employees Hired Before January 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2.7% @ 55 retirement formula (Government Code §21354.4); 2. Single highest year final compensation (Government Code §20042); 3. Military service credit as public service option (Government Code §21024); 4. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cents ($.93) per pay period (Government Code §21571); 5. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV; and 8. $500 Retired Death Benefits. In accordance with City Resolution 2015-094, effective October 25, 2015, employees will pay 100% of the employee's membership contribution to the California Public Employees Retirement System (CalPERS). All such employee contributions shall be deposited in the member's retirement account. New CalPERS Members Hired On or After January 1, 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2% at 62 formula (Government Code §7522.20); 2. Three (3) year average final compensation period (Government Code §20037); Page 8 of 13 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 3. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 4. Military Service Credit as Public Service (Government Code §21024); 5. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cent ($.93) per pay period (Government Code §21571); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. Employees will pay 50% of the normal cost, currently 5.5% member contribution to CalPERS; 8. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV; and 9. $500 Retired Death Benefits Retiree Health Benefit Plan for Employees Hired Before July 1, 2020: For all employees hired prior to July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code Section 22892(b). In addition, the City will cover the premium cost for retiree -only coverage in the retiree's chosen medical plan. Effective the first full pay period following the date of MOU approval by City Council the Health reimbursement Account (HRA) will be terminated. Retiree Health Benefit Plan for Employees Hired on or After July 1, 2020: For all employees hired on or after July 1, 2020, if upon retirement from the City, the employee enrolls in the City's CalPERS medical care plan, the City will pay only the minimum employer contribution to CalPERS that is required by Government Code section 22892(b). BILINGUAL PAY Effective the first full pay period commencing on or after July 1, 2017, the City agrees to increase the bilingual pay amount from one hundred dollars ($100.00) to one hundred fifty dollars ($150.00) per month to a persona who is capable of speaking, reading, writing and/or interpreting the language of Spanish, Chinese, Japanese, Vietnamese, Tagalog, and Signing. Qualifying test established by the City shall make determination of capability. Re -testing of individuals will be required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of "Good" or better will be eligible for bilingual pay. Effective the first full pay period commencing on or after July 1, 2017, the City will provide an Executive employee an amount of $100.00 per month to obtain and maintain access to personal electronic communication devices (smart phones, tablets, laptops, etc.) also used for City business. Page 9 of 13 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 LONGEVITY PAY Effective the first full pay period following the date of MOU approval by City Council the City agrees to provide a monthly longevity premium to each eligible employee as follows: Years of Service Monthly Premium Five (5) — Nine (9) Years $50 Ten (10) — Fourteen (14) Years $100 Fifteen (15) — Nineteen (19) Years $150 Twenty (20) — Twenty-four (24) Years $200 Twenty-five (25) Years or more $250 Part-time longevity will be applied at fifty percent (50%). For example, one year of part-time work cannot count for more than one half year of longevity. Employees hired full-time after July 1, 2020 will not receive part-time credit for longevity. This section is effective upon ratification and shall not result in back pay or retro pay. ATTENDANCE AND LEAVES Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Each eligible employee shall elect his/her maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at 75% of the total value, with the timing and method of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave. Page 10 of 13 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 Annual Sick Leave Incentive Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Bereavement Leave Each classification represented by the Association shall receive the equivalent of their workweek per incident, as needed, for a death in their immediate family. Immediate family shall mean and include only the employee's spouse, children, stepchildren, foster children, grandchildren, parents, grandparents, brothers, sisters, State Registered Domestic Partner and spouse's Parents and spouse's grandparents. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement is provided. Vacation Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the appointing authority, use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in accordance with Subsections (a), (b), (c), (d) and (e), as stated below. a. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year) the maximum amount of vacation that may be accumulated shall be 192 hours. b. Employees having more than five (5) years of service but less than ten (10) years of employment (vacation accrual = 1.20 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. c. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 1.44 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. Page 11 of 13 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 d. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. e. Employees having over twenty (20) years of employment (vacation accrual 192 hours per year). The maximum amount of vacation that may be accumulated shall be 384 hours. If the employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to and approval of the Department Head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his/her vacation or to avoid any conflicts. Business necessity is defined as an urgent operational need requiring the employee's presence, as determined by the Department Head, Human Resources Manager and City Manager. Human Resources will send out an email reminder on a semi-annual basis reminding employees to routinely check their vacation balances online to determine if they are at a use or lose status. In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or accredited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Administrative Leave Effective the first pay period including July 1, 2017, each employee shall receive a maximum of eighty (80) hours of administrative leave with pay each fiscal year. The use of such leave shall be at the reasonable discretion of the employee. Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Holidays For employees working a 4/1.0 plan, the following days shall be observed as holidays: January lst, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 1 lth; the fourth Thursday in November; December 24th; December 25th; and such other days as may be designated as holidays by motion of the City Council. Page 12 of 13 Executive & Unclassified Managers Benefit Matrix Effective July 1, 2021 If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floating Holiday Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating leave, for a total of twenty (20) hours. Holiday At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). Each affected employee will also be credited with the above floating holidays. The actual date for the use of such leave shall be subject to the approval of the Chief Executive Officer. This holiday bank leave can be used in hourly increments and combined with other leave. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. If an employee, because of business necessity, is not able to utilize accrued holiday bank hours, upon written request to, and approval of the Chief Executive Officer, the employee will be paid for any excess hours over his/her maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid not later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. Effective the first full pay period commencing on or after January 12, 2020, the City will contribute $150.00 per month to each employee into a City sponsored defined contribution retirement plan. Page 13 of 13 Page 1 — Chief Deputy City Clerk City of Baldwin Park Chief Deputy City Clerk 7/18/01 Revised — 08/2014 Job Summary: Under the direction of the Chief Executive Officer, manages the day-to-day office services and operations of the City Clerk's office; supervise and evaluate the performance of assigned staff, and perform the duties as assigned and defined by California Statutes. Supervision Received and Exercised The Chief Executive Officer provides supervision. Direct supervision shall be exercised over subordinate staff. Essential Duties and Responsibilities: Organize, coordinate and assume responsibility of the daily operations of the City Clerk's Office. Compile, schedule, and distribute weekly agenda packets to all relevant parties; secure all backup data to support agenda items. Provide technical assistance to the City Council, CEO, City Attorney, departments, commissions, committees and other personnel as necessary. Fulfill requests under the Public Records Act and respond to inquires Convey and clarify information concerning established policies, procedures and programs to other City departments, committees, employee groups, agencies and the general public; coordinate communications with the City Council, other City departments, outside agencies and the general public regarding City functions, policies and procedures. Develop recommendations regarding established, revised or new procedures and policies; evaluate organizational, functional and financial impact and assist with implementation as assigned. Prepare resolutions, ordinances and related correspondence; develop forms and procedure handbooks. Attend various meetings; represent the City Clerk at various meetings with City management, outside agencies and contractors. Supervise and participate in maintaining, assembling and correlating the official records of the City Council; attend City Council meetings and staff meetings; take and transcribe minutes; document legislative history; ensure the timely processing of liability claims, contracts, ordinances and resolutions; coordinate the preparation and duplication of agendas, supporting materials and proclamations. Research, compile and analyze data for the preparation of staff reports, internal memoranda, correspondence, and the departmental budget; research contracts and legislative history as needed. Page 2 — Chief Deputy City Clerk Perform specialized duties related to the City Clerk's functions such as maintain and distribute the Municipal Code, custodian of the City Seal, publication of all official advertising of the City; receiving bonds and receiving and opening sealed bids. Assure compliance with legal requirements for posting, publication and time lines and a variety of other codes, laws and ordinances. Oversee the maintenance, storage, retention, destruction and preservation of records, files and official documents entrusted to the City Clerk's office; assure compliance with legal requirements and established retention schedules. Perform various duties required for the publication, filing, indexing, and safeguarding of all City Council proceedings and City agreements. Certify ordinances, resolutions, agreements and other official documents and administer oaths of office. Plan and conduct general and special municipal elections; ensure conformance to election and government code; advise candidates, City officials, and designated employees of Political Reform Act filing requirements; serve as filing officer for the Fair Political Practices Commission; administer the City's Conflict of Interest code; and maintain documents for public inspection. Receive, review and record campaign filings, conflict of interest statements and other pertinent documents. Develop new and improved programs, systems and procedures as a result of new policies or directives or routine research and analysis; assist with implementation after securing approval. Assure efficient office operations and services; order and inventory office supplies and materials; arrange for equipment service and repair and communicate with vendors as needed. Operate specialized office equipment including computer, work processor, calculator, copies, voting machine, and transcriber and recording equipment. Supervise, train and evaluate the performance of assigned staff, recruit and interview prospective employees; establish performance standards and initiate disciplinary action as needed. Exercise discretion in disseminating information, explaining policies and procedures and speaking. Performs related duties as required. Minimum Qualifications: Education and Experience: Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary for satisfactory job performance; example combinations include: graduation from high school or equivalent supplemented by course work in records management, business or related field and four (4) years of increasingly responsible secretarial experience, including two (2) years in a City Clerk's Office. Bachelor's Degree and experience working as a Deputy City Clerk is highly desirable. Page 3 — Chief Deputy City Clerk License or Certificates Certification or ability to obtain certification by the International Institute of Municipal Clerks as a Certified Municipal Clerk Certification of Notary Public is required or ability to obtain within 6 months of hire. Possess a valid California Driver's License Knowledge of: ■ Municipal recordkeeping requirements, Brown Act Provisions, Fair Political Practices Regulations, Public Records Act, and contract administration ■ Election laws, political reform requirements, and procedures for administering municipal elections ■ Basic functions and responsibilities of the City Clerk. ■ Basic principles, practices and methods of public and business administration. ■ Basic principles, practices and methods of office and project management including budgeting and records management. ■ Basic supervisory principles. ■ Research, survey and evaluation techniques and methods. ■ General organization and functions performed by a city clerk's office and municipal government. ■ City organization, operations, policies and objectives. ■ Report preparation and presentation. ■ Principles and practices of computer software related to information management. ■ Correct English usage, grammar, spelling, punctuation and vocabulary. Skills and Ability to: ■ Assist in the conduct of municipal and special elections. ■ Research a variety of administrative and operational problems and make effective operational and procedural recommendations. ■ Interpret and make decisions in accordance with appropriate laws, regulations and policies. ■ Understand and carry out a variety of complex direction independently. ■ Research and compile a variety of general and specialized data. ■ Supervise, train and evaluate assigned staff. ■ Communicate effectively both orally and in writing. ■ Perform duties independently and with a high level of initiative. ■ Operate a variety of office equipment including transcription equipment, a computer and related software. ■ Establish and maintain effective working relationships with others. ■ Take and transcribe dictation at an acceptable rate of speed. ■ Evaluate and recommend improvements in operations, systems, procedures, policies and methods. ■ Ability to direct the retention/destruction of official records in accordance with applicable laws and ordinances Page 4 — Chief Deputy City Clerk Physical Requirements and Working Conditions: Employee accommodations for physical or mental disabilities will be considered on a case -by -case basis. Positions in this class normally: ■ Require vision (which may be corrected) to read ■ Perform lifting, pushing and/or pulling which does not exceed 50 pounds and is an infrequent aspect of the job. ■ Is subject to inside environmental conditions. ■ May be required to work evenings or weekends. CITY OF BALDWIN PARK CHIEF DEPUTY CITY CLERK EMPLOYMENT AGREEMENT This CHIEF DEPUTY CITY CLERK EMPLOYMENT AGREEMENT ("Agreement") is entered into and made effective the Ist d2023,ay of March between PARK,BALDWIN a municipal corporation ("City") and ShirleyA. Quinones, an individual ("Employee"). WHEREAS,RECITALS pursuant to BaldwinMunicipal Coe Section 31.03 the Chief Executive Officer has the authority, upon consultation and concurrence by the City Council, to appoint certain a et heads and managers; and WHEREAS, pursuant to BaldwinMunicipal Coe Section 33.05, all Unclassified Service Employees, -including the Chief Deputy City, are At -Will and may be terminated from employment t any time without cause or without right of appeal or hearing,not covered by the Ci 's Personnel System; and WHEREAS, at the regular CityCouncil meeting of March1, 2023, the Chief Executive Officer secured e concurrence of the City Council o execute an employment agree t with Shirleyuios, to serve as Chief Deputy CityClerk, which positionshall be At -Will and serve at the pleasure oft e City CouncilChief ExecutiveOfficer; and WHEREAS, Employee desires to perform and assume responsibility for the provisiono services as e Chief Deputy CityClerk to the City and its relate cis; and e parties wish to establish a terms and conditions of Emploee's services as e Chief Deputy CityClerk o the City and its related agencies through this Agreement.- NOW, THEREFORE, in consideration of the mutual covenants contained herein, City Employee ere agree as follows: AGREEMENT 1.0 EMPLOYMENT & DUTIES 1.1 Duties. City ere employs irle . Quinones as the Chief Deputy City Clerkto perform the functions and duties asspecified in the job sc ° tin fort is position attached heretos Exhibit" ", and to perform such other legally permissible and proper fimctions and es as the Chief Executive Officer shall, from time -to -time, direct or assign. Employee shall perform these fimctions and duties in an efficient, competent, and ethical manner and shall vote her best efforts and full-time attention thereto. 1.2 WorkSchedule. It is recognized that Employee is expected to engage i the hours of work that are necessary to fulfill the obligations of the position, must be available at 1 all times, and must devote a great deal of time outside the normal office hours tote business o the City. Employee acknowledges that proper performance of the duties of the Chief Deputy City Clerk will require Employee to generally observe o siness hours, as set by the City may e duly revised fromtime-to-time (currently 7:30 a.m. to : ., Monday through Thursday), and will also often require the performance of necessaryservices outside of normal business hours.Employee's compensation (whether salary or benefits or other allowances) is not based on hours worked, and Employee shall not be entitled to any compensation for overtime. 1.3 Other Activities. Employee shall focus their professional time, ability, and attention to City business during the`term of this Agreement. Employee shall not engage, without the express prior written consent of the Chief Executive Officer, in any other business duties or pursuits whatsoever, or directly or indirectly render any services of a business, commercial, or professional nature to any other person or organization, whether for compensation or otherwise, that is or may be competitive with the City,that might cause conflict -of -interest with the City, or t otherwise might interfere i the business or operation of the City or the satisfactory performance of the ftinctions and duties of Chief Deputy CityClerk. 1.4 Employment Status. Upon appointment to the Chief Deputy CityClerk position, Employee shall serve at the will and pleasureof the Chief Executive fficer and understands that she shall be an "At -Will" employee without recourse to bumpingor other demotion rights and shall be subject to summary dismissalwithout any right of notice or hearing, including so-called process pre -disciplinary Skelly hearing, except as expressly provided in this Agreement. The City may terminate Employee at any time in accordancewith ection 3.4 below. 1.5 i Documents. All data, studies, reports and other oc ets prepared y Employee while performing her duties during the term oft is Agreement shall be fumished t and become e property of the City, without restriction r limitation on their use. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, other ate i is either created by or providedt Employee in connection with the performance of this Agreement shall be heldconfidential by Employee tote extent permitted by applicablelaw, except as may be required governmental agency or court of competent jurisdiction. c ate °s shall not be used by Employee, without the prior written consent of the Chief Executive Officer, for any purposes other than the performance of her duties. Additionally, no such materials may be disclosed to any person or entity of connected with the performance of services under this Agreement, except as required by (a) law, O any governmentalagency, (c) subpoena, o O an order issued by a court o competent jurisdiction. 1.6 Exc sio from Conivetitive Service. Employee understands, acknowledges and agrees that she is exempt from the City's competitive (Civil a ice) system, and s such remains t- ill employee serving at the pleasure oft e Chief Executive Officer. 1.7 FLSA ExgMpl Status. Employee agrees thather position is that of an exempt employee for the purposes oft e Fair Labor Standards Act. 2.0 COMPENSATION AND REIMBURSEMENT .1 Conivensation. For the services rendered t to this Agreement, Employee's initial base compensation shall be $6,172.30 permonth ("Salary"), Step 2 oft e City of Baldwin 's Salary Schedule, to be paid on a pro-ratedbasis bi-weekly at the same time as er employees of the City are paid. SuchSalary shall be adjusted forstate and federal tax withholdings. 2.2 Annual SalqMReview. The Chief Executive Officer and Employee'agree to conduct an annual salary review concurrently with the annual performanceevaluation set forth in Section. o conclusion of such review, the Chief Executive Officer may, withinis discretion, increaseEmployee's Salary as he deems appropriate not to exceed the maximumoft e Chief Deputy CityClerk salary range in accordancei the City's Salary Schedule. .3 Cost of LivinaAdjustment. Employee shall not be entitled to any cost of living adjustment ("COLA"), except Employee shall be entitled specifically approved for the Chief Deputy CityClerk position by action of the Baldwini o ci. 3.0 TERM 3.1 Commencement & Effective Date. Employee shall commence their services hereunder at 1 1 a.m. Pacific daylight savings time on March6, 2023 or such earlier ate upon whichthe Chief Executive Officer and Employeeally agree, in either event such ate will also be deemed the effective date oft is Agreement ("Effective Date"). 3.2 Term. The City ere employs to e ti their services are terminated as provided for herein. .3 Termination byEmployee. Employee may terminate this Agreement at y time, provided Employee provides the Chief Executive Officer with least thirty Odays' advance written notice, unless the parties agree to an alternative timeframe. In the event Employee terminates this ee et, Employee expressly agrees that she shall not be entitled to any severance 3.4 e ination i e ief xecutive fficer r s eons actingin e capacity as Chief Executive Officer may terminate this Agreement at any time with or without cause, by providinge notice of the snO. The Chief ExecutiveOfficer's right t terminate oee pursuant tot is Section 3.4 shall not be subject to or in any way limited the i 's Personnel Rules or pasti rcice related to the employment,discipline, or termination of the i 's employees. Employee expressly waives any rights provided for department e s and certain ers under the i 's Personnel Rules, Municipal Code, or under other state or federal law to any other form of pre- or post -termination hearing, appeal, or other administrative process pertaining to termination. Nothi erein, however, shall be construed to create a propertyinterest, where one does not exist by rule of law, in the position o Chief Deputy CityClerk. Upon appointmentto the Chief Deputy Cityr osition, Employee remains - ill employee serving t the pleasure of the Chief Executive Officer. O Termination by City for Cause. The City may terminate this Agreement for cause at any time providing oyes with five (5) businessdays' written notice of the termination for cause and the facts and grounds constituting such 3 relatedcause. The term "cause" shall be defined to include any misconduct materially to performance of official duties,i but # be • to any of offensesfollowing: 1) Breach of this Agreement, 2) Willful or persistent material breach of duties, 3) lt6s=6 fraud or other acts of material dishonesty, 4) Unauthorized absence or leave, 5) Conviction of a misdemeanor involving moral turpitude (i.e., contrary to justice, honesty,or # , or i i of , felony under California , i Violation of , policies and/or a fini +, that legally prohibited personal acts of harassment against a City official or employee or legally prohibited personal acts of discrimination against a City official or employee has occurred, 7) Violation of the Municipal Code, Ordinances, Rules, and Regulations, including but not limited to the City's Personnel Rules, 8) Use or possession of illegal drugs, 9) Engaging in conduct tending to bring embarrassment or disrepute to the City, 10) Any illegal or unethical act involving personal gain,`, patternof i`, '# willful, and intentional failure to carry out materially significant and Officer i r# decisions legally iCouncil,# , or # malfeasance, and 13) "abuse of office or position" as defined in Governinent Code Section 53243.4 (i.e., waste, fraud, and violation of the law under color of authority • crimes against public i • crimes involvingbribery ani' corruption). For any of the foregoing, the City may, in its discretion, place Employee on paid or unpaid administrative leave until resolution. If the City terminates for cause this Agreement and the services of Employee hereunder, the City shall have 1 obligation t# pay severance. ) Termination by Chief Executive Officer Without Cause. By providing Employee at least thirty O s' prior written notice thereof, the City terminate Employee without cause. In the event Employee is terminated without cause, Employee expressly s that they shall not be entitled to any severance pay s the result oft the termination oft is Agreement except as providedin Section 4.1 below. 4.0 SEVERANCE AND WAIVER AND RELEASE .1 Severance Pay. In the event the Chief Executive Officer terminates Employee's employment as Chief Deputy CityClerk without cause s ant to Section ) o this Agreement, and if Employee is not otherwise in breachoft the terms oft is agreement, and i Employee executes a written waiver of any and all claims the Employee may have against the City, including t not limited o, a Civil Coe Section 1542 waiver, then and only then the City shall pay a lump sum cash et equal to three O months base salary, with no benefits included i the severance calculation ("Severance Pay") to Employee. Only base salary will be used t calculate the three months' severance. However, the Cityshall be relieved of its obligation to pay Severance Pay if Employee is terminated for malfeasance in carrying out the duties obligated under this Agreement or if the Employee is convicted of any illegal act involving" oral turpitude or personal gainr if Employee refuses to sign complete waiver releasing the Cityof any and all claims the Employee may have against the City. Employeeshall also be entitled to any accrued compensable leave as Employee may have accumulated, subject to Section 6 oft is Agreement and consistent with a Unclassified Managers Benefits or City PersonnelRules. 4 4.2 No Severance PUa if Terminationfor Cause or Initiated by EInployee. As provided in Section 3. O, should to be terminated for cause, te City shall have no obligation o pay the severance provided for in Section 4.1 above. As provided in Section 3. , should initiate termination is Agreement, the City shall have no obligation the severance rovi e or in Section 4.1 above. . le s. _ e severance is provided i this Section 4. shall constitutet e sole only entitlement of Employeei respect to severance pay in the event o the termination, other for cause. Employee expressly aives "any and all other rights with respect to severance pay except as provided herein. 5.0 PERFORMANCE EVALUATIONS .1 Em. pose. The performance review and evaluation process set forth herein is intended to provide review feedback to Employee so as to facilitate a more effective management of the City's personnel. Nothing hereinshall be deemed to alter or change the employment status of Employee (s set forth in Section 1.3above), nor shall this Section 5.0 be construed s requiring "cause" to terminate this Agreement, or the services of Employee hereunder. 5.2 Annual Evaluation. The Chief Executive Officer shall review evaluate the performance of Employee, annually within i O days after each anniversary o the Effective Date. In addition, Employee _s all submit for the Chief ExecutiveOfficer's consideration at those times established by the Chief Executive Officer, but at least annually, Employee's proposed performance goals and objectives and incorporate the Chief Executive Officer's suggestions. Such review and evaluation shall be conducted concurrently with salary review, and in accordance with the purpose noted in Section 5.1 above. 5.3 Writtene Chief Executive Officer may, at his/her sole discretion, elect to provide a writtensummary of each , performance evaluation to Employee within two O weeks following the conclusion oft e review evaluation process, and may, at his sole discretion, schedule at least one (1) closed personnelsession it oee to deliver and discuss the evaluation. 6.0 BENEFITS 6.1 Provision of Benefits. The Employee shall receive all fringe benefits as are defined in the City of aldwin 's Unclassified Manager's Benefits Matrix, Effective July 1, 2021, s approved the City Council, attached as"Exhibit" . 6.2 Changes to Benefits. Tot e extent the benefits enumerated in this Section 6.0 are increased, ecrease , "modified, or eliminated e City Council, said increase, decrease, modification or elimination said benefits shall be applicable to Employee at the time it becomes effective. 5 7. 7.1 Membershi City encourages Employee's continued professional development and shall provide payment of appropriate related costs for such activities, including membership in relevant professional organizations, as approved by the Chief Executive Officer. 7.Out-of-Town Meetings & Seminars. The City agrees to reimburse Employee the actual cost for registration,travel, lodging,meals, other expenses incurred by Employee ileattending overnight, out-of-town, meetings s or seminars related to here et with the City, in accordance with the Ci 's policies for expense reimbursement. Moreover, to be eligible tomust have budgeted fimds available for same; provided, however, that the Chief Executive fficer may, in his/her sole discretion, approve such ete expenditures ifs e deems it in the best interests of the City. 7.3 Local Meetings & Seminars. The Cityagrees to reimburse Employee the actual cost of registration, es, and other expenses css `l incurred whilein attendancet local meetings or seminars related to her employment with i in accordance with the i 's policies for expense reimbursement. 7.4 Incidental EMenses. The City agrees to reimburse Employee the actual cost of those incidental expenses necessarily incurred by Employ e while engaged in the business of the Citythe presentation of an appropriate receipt therefor, in accordance i e i 's policies for expense reimbursement. 7.5 Approval by -Chief Executive Officer. To be eligible to receive reimbursement for the memberships and travelother expenses incurred purs ant tot is Section , Employee shall obtain advance ry the Chief Executive Officer or his/her designee. 8.0 BONDS AND INDEMINIFICATION .1 Indemnification. _Tote extent mandated by the California Government Code, the City shall defend,of less, and indemnify oee against any tort, professional liability, claim r demand, or other legal action arising out of an allegedact or omission occurring in the performance ofEmployee's services under this Agreement. This sections all not apply to any intentional tort or crime committed by Employee, to any action outside the course and scope oft e services provided by Employeeunder this Agreement, or any other intentional or malicious conduct or gross negligence of Employee. 8.2 Bonds. City shall bear the full cost of any fidelity r other bonds, which may e required in the performance of Employee'sservices under this Agreement. 9.0 GENERAL PROVISIONS 9.1 Entire Amement. This Agreement represents the entire agreement between the parties and supersedes y and all other aee a ts, either oral or in writing, between the parties with respect to'Employee's employment e City and contains all of the covenants and agreements between the parties with respect to such employment. -Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by either party, or anyoneacting on behalfof either party, whiche not embodied herein, and that no otheragreement, statement or promises not contained in this Agreement shall be valid or bindingo either 9.2 Ame ent. This Agreement may be amended at any time by the mutual consent of the parties by an instrument°c e e all require i Council approval, ce t where Cif Executive Officer approval is expressly author' e ere° . 9.3 Notices. Any notice required or permitted by this Agreement shall be i 'writing and shall be personally served r shall be sufficiently given when served o other party as sentby UnitedStates Postal Service, postage prepaid and addressedsfollows: o City: To E=Ioyee: Chiefec tive Officer (CEO) Shirley A. Quinones City o win n file i Resources Division.] 14403 E. Pacific Avenue Baldwin Park, California 91706 Notices shall a deemed given as of the date of personal service or upon the date of deposit in the course of transmissionwith the United States Postal Service. 9.4 Conflicts Prohibited. During e term of this Agreement, Employee shall not engage in any business or transactionmaintain financial interest which conflicts, or reasonably i e expected to conflict, with the proper discharge of Employee's duties under is Agreement. Employee shall comply it all requirements law, including t not limited to, Sections 87100 et seq., Section 1090 and Section 1125 of the Government, and all other similar statutory its ative rules. .5 Effect of Waiver. The failure of either party to insist on strict compliance with y of the terms, covenants, r conditions aft is Agreement by the other party shall not be deemed iver of that term, covenant, or condition, ors all y waiver or relinquishment o any right o power y one time or times e deemedwaiver or relinquishment of that right or power for all or any other times. 9.6 Partialvi i. If any provision i" this Agreement is held by a court o competent jurisdiction to be invalid, void or unenforceable, the remaining rovisions shall nevertheless continue in full force without being impaired or invalidated in any way. .7 GovemiW.;This Agreement shall be governed by and construed i accordance with the laws of the State of California, which are in full force and effects of the date of execution and deliveryy each hereto." 9.8 AB 13. Assembly Bill 1344, which was subsequently enacted s Government Coe §§ 53243 - 53243.4, sought to provide greater transparency in local government and institute certain limitations on compensation pai o local'government executives. These statutes also require that contracts between local agencies and its employees include provisions 7 requiring an employee who is convicted of a crime involving abuse of her office or position to provide reimbursement tote local agency forte following o s of payment: (i) paid leave sal (ii) criminal defense costs? (iii) cash settlementpayments; and (iv) any non -contractual settlement ets. Accordingly, the Parties agree that it is their mutual intent to fully comply with these Government Coe sections and all other applicable law as it exists as of the date o execution of this Agreement and as such laws may be amended o time to time thereafter. Specifically, the following Government Coe sections are called out and herebyincorporated is Agreement: 532 3. Reimbursement of paidleave salary required o conviction of crime involving office or position. 532 3.1. Reimbursement of legal criminal efense upon conviction of crime involving office or position. §53243.2. Reimbursement of cash settlement upon conviction of crime involving office or position. §5.3. Reimbursement of noncontractualpayments upon conviction or crime involving office or position. §532 3.. "Abuse of office or position" defined. Employee represents that Employee has reviewed, is familiar with, and agrees to comply fully with each of these provisions if any ofthese provisions are applicable to Employee, including that Employee agrees that any cash settlement or severance related to the termination that Employee receive from the City shall be fully reimbursed tot e local agency if Employee is convicted crime involving use of her or her office or position. The Government Code provisions referenced in this section are attached heretoin Exhibit" ". 9.9 Independent vice. The City and Employee represent and warrant to each other that each s received legal advice from independent separate legal counsel with respect tote legal effect of this Agreement, or had the opportunityto do s, and the City Employee further represent and warrant that each s carefully reviewed this entire Agreement and that each every term thereof is understood and that the terms of this Agreement are contractual not a mere recital. This Agreement shall not be construed against the party or its representatives who drafted it or who drafted any portion thereof. [Signatures on following page] WHEREOF,IN WITNESS the City of Baldwin Park has caused this Agreement t e signed executed on its behalf by its Chief Executive Officer, and duly attestedits officers thereunto duly authorized, l e has signed executed this Agreement, all in triplicate. , CITY OF BALDWIN PARK Emmanuel J. Estrada Mayor Date irlyA. in- to ATTEST Christopher Saenz,i Clerk Date APPROVED AS TO FORM Marco i ez, City Attorney Date EXHIBIT A [Chief e i Clerk Job Descriptionon followingpage] 1 GOVERNMENTEXHIBIT B CODE SECTION53243-53243.4 and 5326 O 53243. On or after January 1, 2012,'any contract executed or renewed between a local agency and an officer or employee of a local agency that provides paid leave salary offered byt e local agency tot e officer or employee pending an investigation shall require that any salary providedfor that purpose be fully reimbursed if the officer or employee is convicted of a crime involving se of his or her office or position. 53.1 or after January 1,-2012, any contract executed or renewed between a local agency and an officer or employee of a local agency that rovi s funds forte legal criminal eese o an officer or employee shall require that any fimds provided for that purpose be fully reimbursed tot e local agency if the officer or employee is convicted of a crime involving se of his or her office or position. 5.. On or after Janu2012,ary any contract of employment een an employee and a local agency employer shall include a provision which provides that, regardless oft e term oft e contract, if the contract is terminated, any cash settlement related to'the termination that an employee may receive from the local agency shall be fully reimbursed to the local agency if the employee is convicted of a crime involving abuse of his or her office or position. 5243.. On or after January 1, 2012, if a local agency provides, in the absence of a contractual obligation, for any of the payments described in this article, then the employee or officer receiving y payments provided forthose purposes shall fully reimburse the local agency that provided those payments in the event that the employeeor officer is convicted crime involving the use of his or her office or position. 532.. For purposes of this article, "abuse of office or position" means either of thefollowing: O An abuse of public authority, including, t not limited to, waste, fraud, and violation of the law under color of authority. ) A crime against public justice, including, but not limited to, a crime escri a i Title 5 (commencing with ectio 67) or Title 7 (commencing itSection ) of Part 1 of the Penal Code. 5326. O All contracts of employment s een an employee local agency employer shall include a provision which provides that regardless of the term of the contract, if the contract is terminated, the maximum cash;settlement that an employee may receives all be an amount equal tote monthly salary of the employee multiplied by the number of months left on the unexpired term oft e contract. However, if the unexpired term oft e contract is greater than 18 months, the maximum cash settlement shall be an amount equal tote monthly salary of the employee multiplied by18. 1 EXHIBIT C UNCLASSIFIED MANAGERS BENEFITS MATRIX 13 ITEM NO. 6 STAFF REPORT ALD��ti TO: Honorable Mayor and Members of the City Council 'F HUBOF THEE' FROM: Karina Rueda, Human Resources Manager sary GABRIEL DATE: March 1, 2023 �c+0 7)�QJAN„P�`��' SUBJECT: Consideration of First Amendment to Chief of Police Employment Agreement- Robert A. Lopez SUMMARY The purpose of this staff report is to authorize an amendment to the Chief of Police Employment Agreement to amend the annual compensation provided to the Chief of Police RECOMMENDATION It is recommended that the City Council approve the First Amendment to the Chief of Police Employment Agreement. FISCAL IMPACT The current base salary for the Chief of Police is $17,535.28 monthly or $210,424.55 annually (Step 1). Approval of the First Amendment will increase the annual salary by $21,568.51 which equates to $19,332.76 monthly or $231,993.06 annually (Step 3), effective January 8, 2023. BACKGROUND On February 17, 2021, the City entered into an Employment Agreement with Robert A. Lopez to serve as Chief of Police. The Employment Agreement memorialized the terms and conditions of his employment and set his base salary at $16,690.82 monthly or $200,289.88 annually. The salary corresponded to Step 1 of the City's Salary Schedule. The City Council recently completed a performance evaluation of the Chief of Police's performance. As part of that evaluation, the City Council considered certain changes to the current salary and benefit package and provided direction to the Chief Executive Officer to discuss these changes with the Chief of Police. Those discussions have culminated in the attached changes to the Chief's Employment Agreement. Specifically, the attached First Amendment would amend the Chief's annual salary by increasing the amount by $21,568.51 annually, which equates to $19,332.76 monthly or $231,993.06 annually. This new annual salary corresponds to Step 3 of the City's Salary Schedule. The City Council approves a salary range for every classification in the City staff. The annual salary range for the Chief of Police, as of the date of this report is $210,424.55 at Step 1 and $255,772.35 at Step 5. The three most recent previous Chiefs of Police were placed at either Step 3 or Step 5 when initially appointed. Chief Lopez was placed at Step 1 when initially appointed. Thus, this salary increase would be consistent with those initial salaries. No other changes to the Employment Agreement are proposed. SB 1486 (2016) requires the City Council/City to orally report a summary of a recommendation for a final action on the salaries, salary schedules, or compensation paid in the form of fringe benefits of a local agency executive during the open meeting in which the final action is to be taken. Thus, we will be providing a brief staff report summarizing the terms prior to taking action. Page 1 / 2 ALTERNATIVES Provide alternative direction to staff. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. First Amendment to Chief of Police Employment Agreement Page 2/2 FIRST AMENDMENT TO CHIEF OF POLICE EMPLOYMENT AGREEMENT ROBERT A. LOPEZ 1. PARTIES AND DATE. This First Amendment to the Chief of Police Employment Agreement ("First Amendment") is made and entered into as of March 1, 2023 by and between Robert A. Lopez (hereinafter referred to as "Chief of Police" or the "Employee") and the City of Baldwin Park, a municipal corporation of the State of California (hereinafter referred to as "'City"). City and Employee may sometimes referred to individually as "Party" and collectively as "Parties" throughout this First Amendment. 2. RECITALS. A. On February 17, 2021, the City appointed Robert A. Lopez as Chief of Police and entered into a Chief of Police Employment Agreement to serve as Chief of Police for the City of Baldwin Park; and B. Pursuant to Section, 2(b) of the Employment Agreement, on February 1, 2023 and February 15, 2023, the City Council conducted a performance evaluation of the Chief of Police, including a review of the Chief of Police's current compensation and benefits and determined that further amendments are warranted; and E. This First Amendment is authorized pursuant to Section 5(d) of the Employment Agreement; and F. In accordance with Section 2(b) of the Employment Agreement, the City Council desires to approve the First Amendment to the Chief of Police Employment Agreement 3. AMENDMENTS. - ------ - -- 3.1 Amendment to Salary. Section 2(a) (Compensation/Benefits) of the Employment Agreement is hereby amended and restated to read as follows: "a Notwithstanding anything to the contrary in the presently effective City Salary Resolution, for satisfactory performance of all the Employment Duties, Employee's base annual salary shall be $231,993.06 (Step 3). City's payment towards Health Insurance Plan, Cell Phone, and all other Benefits shall be in accordance with the Executive Team Benefits Matrix which may be updated from time to time. Included is the use of a City provided take home vehicle so that Employee may respond to emergencies. The use of the City Vehicle does not include personal vacations and does not include personal travel a distance more than a 50 mile radius from the City or home." A3-1 6543 1,0010t\41039632.1 By: Emmanuel Estrada Mayor Date By: Christopher Saenz. City Clerk IN Date [SHUNTM Date A3-3 6543 1.00 10 Ik41039631 I By Robeh—tpez�� Chief of Police AIAA 104 Date ' ITEM NO. 7 STAFF REPORT ALD��ti TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Director of Community Development sary GABRIEL DATE: March 1, 2023 ono" ..VALLEY ,�, 01 "p QJAN„P�`��' SUBJECT: Adoption of Resolution No. 2023-004 to approve Commercial Cannabis Agreement No. 23-01 to permit a Commercial Cannabis Cultivation and Manufacturing Facility within the I- C, Industrial Commercial Zone (Location: 13075 Garvey Avenue (APN: 8556-022-043); Applicant: Baldwin Park Exotics, Inc.,; Case Number: CCA 23-01 for CAN 21-03). SUMMARY In February 2022, the City received an application from Baldwin Park Exotics, Inc. ("Applicant"), requesting a permit to operate a commercial cannabis cultivation and manufacturing facility at 13075 Garvey Avenue, Baldwin Park, CA; APN 855-022-043 (Site). After review of the application, Staff recommends that the City Council consider and approve proposed CCA No. 23-01 between the City of Baldwin Park and Applicant (Baldwin Park Exotics, Inc.), to permit a commercial cannabis cultivation and manufacturing facility at the Site, which is located within the I-C, Industrial Commercial Zone. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2023-004 approving Commerical Cannabis Agreement No. 23-01 to permit a Commercial Cannabis Cultivation and Manufacturing Facility at 13075 Garvey Avenue. FISCAL IMPACT The CCA has a financial component which provides a positive fiscal impact to the City DISCUSSION Staff has reviewed the application submitted by Applicant to ensure compliance with all requirements set forth in the City's Commercial Cannabis Ordinance. The Applicant is a new company, this project will be its initial commercial cannabis cultivation and manufacturing venture in the State of California. The proposed location is within the required zone district and is at a distance greater than 600 feet from a school, childcare facility, youth center or park. The location is within the required zone district and is at a distance greater than 600 feet from a school, childcare facility, youth center or park and is a distance greater than 25 feet from a dwelling unit within a residential zone. The Applicant proposes the following California State License Types: Cultivation: Type 1A Specialty Indoor Manufacturing: Type 6 Non -Volatile Page 1 / 2 The Applicant proposes to cultivate and manufacture commercial cannabis products in compliance with applicable laws. The total lot size of the subject property is 15,539 square feet with a 7,782 square foot existing building constructed 2020. The building consists of 5,028-square foot first floor and a 2,754-square foot mezzanine. Therefore, complying with the maximum 22,000 square feet allowed for commercial cannabis use. The interior of the existing building will undergo limited tenant improvements necessary for the cultivation and manufacturing facility proposed on the Site. The Applicant has represented that it will use approximately the first floor of the building for actual commercial cannabis cultivation and manufacturing use and the mezzanine for commercial cannabis cultivation ("Premises" as defined by the State of California and the Department of Cannabis Control) which excludes common areas (exits, entrances, hallways, etc.). The community benefit fee is based upon the Premises, as defined, for this Applicant, and all other applicants in the City. As regulated by the BPMC, no exterior signage will be permitted and no public visitation will occur as the business will not be open to the public. The Applicant held a community meeting at the proposed site on November 16, 2022 to inform the surrounding neighbors of their proposal. The community meeting notices were mailed to all owners and occupants within 300 of feet of site in both English and Spanish. Petros Manukyan, the CEO of Baldwin Park Exotics, Inc., and Michael Azat, counsel for the Applicant, attended the community meeting and were available to the public during the hours of 4:30 p.m. to 5:30 p.m. Refreshments were provided and made available for any guests. No one in the community attended the meeting, nor did anyone call with any questions or concerns. The Applicant has agreed to pay the City a one-time Administrative Fee of $15,000 upon execution of the CCA. The Applicant has also negotiated a Commercial Cannabis Agreement and has agreed to pay the City $175,000, as the Annual Public Benefit Fee. The applicant is requesting approval to pay the Annual Public Benefit Fee in quarterly installments versus a lump sum payment, commencing upon the issuance of the Certificate of Occupancy (COO). It is staff opinion the CCA allow the applicant the flexibility to pay the fee quarterly or lump sum. Pursuant to the CCA, the Annual Public Benefit Fee is subject to reassessment after five (5) years. CEQA REVIEW In accordance with the provisions of the California Environment Quality Act (CEQA), the City has determined that the proposed Commercial Cannabis Agreement, CCA No. 23-01, will not have a significant impact of the environment and is Categorically Exempt pursuant to California Code of Regulations, Article 19, Section 15301, Class 1, `Existing Facilities'. Furthermore, the proposed facility is within an existing industrial commercial building. LEGAL REVIEW This report has been reviewed and approved by the Special Counsel, Commercial Cannabis Activity, as to legal form and content. ATTACHMENTS 1. Resolution No. 2023-004 2. Exhibit "A", Commercial Cannabis Agreement, CCA 23-01 3. Vicinity Map Page 2/2 Resolution 2023-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO APPROVE COMMERCIAL CANNABIS AGREEMENT 23-01 TO PERMIT A COMMERCIAL CANNABIS CULTIVATION AND MANUFACTURING FACILITY WITHIN THE IC, INDUSTRIAL COMMERCIAL ZONE (LOCATION: 13075 GARVEY AVENUE (APN: 8556-022-043); APPLICANT: BALDWIN PARK EXOTICS, INC. CASE NUMBER: CCA 23-01 FOR CAN 21-03). WHEREAS, Baldwin Park Exotics, Inc., hereafter Applicant, submitted an application to the City of Baldwin Park ("City") for a request to establish a commercial cannabis cultivation and manufacturing facility within the Industrial Commercial (IC) zone, pursuant to Chapter 27 of the City of Baldwin Park Municipal Code ("BPMC"), the property is located at 13075 Garvey Avenue, Baldwin Park, CA ("Site"); and WHEREAS, a commercial cannabis agreement (CCA), attached as Exhibit A, was negotiated by and among the parties and counsel to the City and the Applicant, which terms and conditions were mutually agreed upon; and WHEREAS, Section 127.06 of the BPMC requires the Applicant to enter into a CCA with the City prior to operating in the City and as a condition for issuance of a business license and certificate of occupancy to operate a commercial cannabis distribution facility (collectively, "Permit"); and WHEREAS, the purpose and intent of the CCA is to set forth the terms and conditions under which the Applicant will operate a commercial cannabis distribution facility, that is in addition to the requirements of Chapter 27 of the BPMC, including but not limited to, public outreach and education, community service, payment of community benefit fees, and other fees as mutually agreed upon, approval of architectural plans (including site plan, floor plan and elevations) to conform with commercial cannabis cultivation and manufacturing facilities and uses under the BPMC, and such other terms and conditions that will protect and promote public health, safety, and welfare of all persons in the City; and WHEREAS, pursuant to the California Environmental Quality Act (CEQA), the City has determined that the proposed cannabis cultivation and manufacturing facility will not have a significant impact on the environment and is Categorically Exempt from CEQA pursuant to Article 19, Section 15301, Class 1, "Existing Facilities." NOW, THEREFORE, IT BE RESOLVED AS FOLLOWS: SECTION 1. The proposed use is a commercial cannabis cultivation and manufacturing facility. It is being established in the Industrial Commercial (IC) Zone pursuant to the terms defined in Chapter 127 of the BPMC. The establishment of the commercial cannabis cultivation and manufacturing facility is consistent with the purpose and intent of the BPMC, and of the Industrial zone and General Plan land use designation. CCA 23-01 March 1, 2023 Page 2 SECTION 2. The City Council does hereby adopt the Findings of Fact applicable to all Commercial Cannabis Permittees: 1) The CCA is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the commercial cannabis cultivation and manufacturing facility is located within the IC, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The approval of the commercial cannabis cultivation and manufacturing facilities is also consistent with Goal 1.0 of the City's Economic Development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on -going campaign with local businesses to hire local residents. 2) The CCA is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) commercial cannabis cultivation and manufacturing activity is allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. 3) The CCA is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The CCA is in conformance with the general area and City as a whole as it is located within the IC, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between commercial cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the BPMC, the commercial cannabis use is not near any sensitive uses such as schools, day care centers, parks or youth centers. A comprehensive security plan was provided which addresses security of the commercial cannabis facility from all angles, thereby reducing the potential for any negative impacts from the facility on the neighborhood and the city. 4 The CCA has been freelynegotiated between the Applicantand the City, and the Applicantr agreed thatthere is no inequality bargaining power and the CCA is not ambiguous. The Applicanthas rir to read and understand the CCA and has read and understands the terms i conditions therein.Applicant acknowledges that ' CCA is valid and fully enforceable according to its ` CCA 23-01 March 1, 2023 Page 3 SECTION 3. Staff recommends that the City Council approve the proposed CCA for the proposed commercial cannabis cultivation and manufacturing facility, pursuant to the Findings of Fact for CCA 23-01 identified in Section 2 of this Resolution; and SECTION 4. The City Clerk shall certify to the adoption of this Resolution. PASSED AND APPROVED this 1st day of March 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 Resolution No. 2023-004 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 1 st day of March, 2023 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Christopher Saenz CITY CLERK Vicinity Map COMMERCIAL CANNABIS AGREEMENT by and between CITY OF BALDWIN PARK and BALDWIN PARK EXOTICS, INC. Relating to Commercial Cannabis Activity — Cultivation and Manufacturing Page 1 of 36 COMMERCIAL CANNABIS AGREEMENT ARTICLE 1. PARTIES AND DATE. This Commercial Cannabis Agreement (AGREEMENT) dated February , 2023, Case No. , is entered into between (i) the CITY OF BALDWIN PARK ("CITY"), a California municipal corporation, and (ii) Baldwin Park Exotics, Inc., a California corporation (LICENSEE). This AGREEMENT shall become effective on the Effective Date defined in Section 3.1.16 below. ARTICLE 2. RECITALS. WHEREAS, the CITY seeks to enter into binding agreements with Persons, as defined herein, having legal or equitable interests in real property, who wish to conduct commercial cannabis activity in the CITY; WHEREAS, LICENSEE seeks to conduct commercial cannabis activity in the CITY; namely, cultivation and manufacturing pursuant to the Baldwin Park Municipal Code (BPMC) Chapter 127 and all applicable state laws, rules, and regulations; WHEREAS, LICENSEE has commenced efforts to obtain approvals and permits to cultivate and manufacture medical and adult use cannabis in the CITY and the CITY has determined that the uses authorized in this AGREEMENT are lawfully permitted and authorized to occur on LICENSEE'S Property, as defined herein, subject to LICENSEE'S acquisition of various entitlements, as discussed herein); WHEREAS, LICENSEE acknowledges that the CITY is engaging in an essential governmental function in the execution of this AGREEMENT; after extensive negotiations, where the CITY and the LICENSEE were represented by their respective legal counsel, LICENSEE voluntarily enters into this AGREEMENT, which took place in furtherance of the rules and regulations that regulate commercial cannabis activity in the CITY; WHEREAS, LICENSEE has elected to execute this AGREEMENT as it provides LICENSEE with important and unique economic and development benefits and opportunities in the commercial cannabis industry, and it provides the constituents of CITY with material public benefits; WHEREAS, this AGREEMENT and the Project, as defined herein, are consistent with the CITY's General Plan and Zoning Code, all applicable provisions of the CITY's Zoning Map, and the Baldwin Park Municipal Code; WHEREAS, this AGREEMENT shall be subject to City Council approval; WHEREAS, all actions taken, and approvals given by the CITY have been duly taken or approved in accordance with all applicable legal requirements, notice, votes, and other procedural matters; Page 2 of 36 WHEREAS, this AGREEMENT will eliminate uncertainty in planning and provide for the orderly development of the Project and/or Property, ensure progressive installation of necessary improvements, and provide for public services appropriate to the development of the Project; WHEREAS, in an effort to implement state policy to promote private participation in comprehensive planning and to strengthen the public planning process and to reduce the economic risk of development, the CITY deems the approval of this AGREEMENT to be in the public interest and intends that the approval of this AGREEMENT be considered an exercise of the CITY's police powers to regulate the development of the Property, during the Term of this AGREEMENT; WHEREAS, this AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the CITY and the surrounding region; the CITY has specifically considered and approved the impact and benefits of the development of the Property, in accordance with this AGREEMENT upon the general welfare of the region; WHEREAS, concurrently with execution of this AGREEMENT, CITY acknowledges that LICENSEE has been authorized to cultivate and manufacture commercial cannabis and commercial cannabis related products at its facility up to 9,900 square feet; WHEREAS, LICENSEE's location will be: 15115 Ramona Boulevard, Baldwin Park, CA 91706, as more fully and legally described in Attachment No. 1, herein; WHEREAS, this AGREEMENT has been freely negotiated between the LICENSEE and the CITY. The LICENSEE and the CITY agree that there is no inequality in bargaining power and that the AGREEMENT is not ambiguous. The LICENSEE has the capacity to read and understand this AGREEMENT and has read and understands the terms and conditions herein. The LICENSEE and the CITY acknowledge that this AGREEMENT is valid and fully enforceable according to its terms; and WHEREAS, all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and entering into this AGREEMENT do exist, have happened and have been performed in due time, form and manner as required by law, and the parties hereto are duly authorized to execute and enter into this AGREEMENT. NOW, THEREFORE, in consideration of the promises, covenants, agreements, and understandings set forth herein, the parties agree as follows: ARTICLE 3. GENERAL TERMS. 3.1. Definitions and Exhibits. The following terms when used in this AGREEMENT shall be defined as follows: 3.1.1 "Agreement" means this Commercial Cannabis Agreement. 3.1.2 "Application" means the CITY's Commercial Cannabis Permit Application submitted by LICENSEE in furtherance of this AGREEMENT, upon which the CITY has detrimentally relied upon in executing same. Page 3 of 36 3.1.3 "BPMC" means Baldwin Park Municipal Code. 3.1.4 "California Cannabis Laws" means MAUCRSA and the regulations adopted and promulgated by the State Licensing Authorities pursuant to "MAUCRSA", as such laws and regulations may be amended from time to time. 3.1.5 "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof; the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the California Health & Safety Code. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this agreement, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food & Agricultural Code or Section 11018.5 of the California Health & Safety Code. 3.1.6 "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. 3.1.7 "Certificate of Occupancy" (COO) means a document issued by the CITY stating that the Property is suitable for use and occupancy for Commercial Cannabis Activity by the LICENSEE, that it is considered compliant with the building code and safety standards imposed by the CITY, and that the State has issued a commercial cannabis license to the LICENSEE to operate on the Property. 3.1.8 "CITY" means the CITY of Baldwin Park, a California municipal corporation. 3.1.9 "Commercial Cannabis Activity" has the same meaning as that term is defined under MAUCRSA and includes any legal use under MAUCRSA and the BPMC including, without limitation, the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and Cannabis Products as regulated under Chapter 5.18 of the BPMC. 3.1.10 "Commercial Cannabis Business License" or "License" means a regulatory business permit issued by the CITY pursuant to the BPMC to a commercial cannabis business and is required before any Commercial Cannabis Activity may be conducted in the CITY. 3.1.11 "Community Benefits" has the meaning set forth in Article 5, of this AGREEMENT. 3.1.12 "Community Benefit Fees" means any and all fees or monetary contributions required to be paid by Licensee, or which Licensee has committed to pay, pursuant to Article 5 of this AGREEMENT. Page 4 of 36 3.1.13 "Cultivation" means any activity involving the planting, growing, harvesting, drying, curing, grading, trimming, or otherwise processing of marijuana plants or any part thereof. 3.1.14 "Days" mean calendar days unless otherwise specified. 3.1.15 "Dedicate" means to offer the subject land for dedication and to post sufficient bonds or other security, if necessary, for the improvements to be constructed including, but not limited to, grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping. 3.1.16 "Effective Date" means the day this AGREEMENT is approved and adopted by the City Council of the CITY and signed by the Mayor of the CITY, or his designee. 3.1.17 "Existing Project Approvals" if applicable, means all Project Approvals granted or issued prior to or on the Effective Date. Existing Project Approvals include the approvals set forth in Section 3.1.33 and all other approvals which are a matter of public record prior to or on the Effective Date. 3.1.18 "Existing Land Use Regulations" if and where applicable, means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. 3.1.19 "Landlord Consent" if applicable, means that the fee simple absolute owner ("Property Owner") has granted the LICENSEE with written authorization to use the Property for commercial cannabis operations. The Property Owner shall execute a separate Property Maintenance Agreement confirming it understands it obligations to lease to a commercial cannabis operator in the CITY. 3.1.20 "Land Use Regulations" if and where applicable, means all ordinances, resolutions, codes, policies and procedures, adopted by the CITY governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.1.21 "Licensee" has the meaning set forth in the preamble of this AGREEMENT, above. A person who has been issued a commercial cannabis business permit by the CITY, under this chapter for a licensed premise. 3.1.22 "Licensee's Application" means the application for a Commercial Cannabis Business License submitted by Licensee to the CITY, a copy of which is attached as Attachment No. 3. 3.1.23 "Major Amendment" means an amendment that shall have a material effect on the terms of this AGREEMENT, as determined by the Chief Executive Officer in his sole and absolute discretion, which shall require approval by the City Council pursuant to California law, Page 5 of 36 3.1.24 "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. The term "manufacture" includes the following processes: (a) Extraction processes; (b) Infusion processes; (c) Packaging or repackaging of cannabis products; (d) Labeling or relabeling the packages of cannabis products. 3.1.25 "Manufacturing" or "manufacturing operation" means all aspects of the extraction and/or infusion processes, including processing, preparing, holding, storing, packaging, or labeling of cannabis products. Manufacturing also includes any processing, preparing, holding, or storing of components and ingredients. 3.1.26 "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act, codified as Business and Professions Code Section 26000 et seq., as may be amended from time to time. 3.1.27 "Medicinal" with regard to cannabis or cannabis products means cannabis or cannabis products, respectively, intended to be sold or used for medicinal purposes as set forth in MAUCRSA. 3.1.28. "Minor Amendment" means an amendment that shall not materially affect the terms of the AGREEMENT, as determined by the Chief Executive Officer in his sole and absolute discretion and is subject to approval only by the Chief Executive Officer. 3.1.29 "Mortgagee" if applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors -in interest. 3.1.30 "Persons" means any natural person, corporation, partnership, limited liability company, firm, or association. 3.1.31 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the CITY's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the CITY. 3.1.32 "Project' means the development of the Property contemplated by this AGREEMENT, as such Project may be further defined, enhanced, or modified pursuant to the provisions of this AGREEMENT. The Project shall consist of this AGREEMENT, the Application, any and all entitlements, licenses, and permits related to the Project. 3.1.33 "Project Approvals" if applicable, means all other entitlements for the development of the Property in furtherance of the Project, including any and all conditions of approval, subject to approval or issuance by the CITY in connection with Project. "Project Approvals" also include both the Existing Project Approvals and the Subsequent Project Approvals approved or issued by the CITY that are consistent with this AGREEMENT. Page 6 of 36 3.1.34. "Project Development" if applicable, includes grading, construction or installation of public and private facilities and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the Term of this AGREEMENT on the Property. 3.1.35 "Project Plan" if applicable, means the Project Approvals and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Project Approvals. 3.1.36 "Property" means the real property commonly known as and identified in Attachment No. 1, herein (common address, APN, and legal description of the Property), which is incorporated by this reference. LICENSEE may modify the location or locations, change locations, or add locations to the Property pursuant to the BPMC. 3.1.37 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objectives of the AGREEMENT. 3.1.38 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to LICENSEE under this AGREEMENT and reserved to the CITY as described in Section 4.4. 3.1.39 "Space or Canopy Space" means any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering, curing and/or harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any cannabis, no matter where such storage may take place or such storage space may be located. 3.1.40 "State" means, collectively, the State of California and the Department of Cannabis Control of the State. 3.1.41 "Subsequent Project Approvals" if applicable, means all future discretionary approvals and all ministerial Project Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Project Approvals include, but are not limited to, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as LICENSEE may choose consistent with the Project and this AGREEMENT. 3.1.42 "Subsequent Land Use Regulations" if applicable, means any Land Use Regulations defined in Section 3.1.20 that are adopted and effective after the Effective Date of this AGREEMENT. Page 7 of 36 DOCUMENTS ATTACHED: The following documents are attached to and, by this reference, are made part of this AGREEMENT: No. 1 — Legal Description of the Property and/or Properties. No. 2 — Map showing Property and its or their location(s). No. 3 — CITY Cannabis Permit Application Form (no attachments necessary). No. 4 — Landlord Consent, see separate Property Owner Agreement. No. 5 — Personal Guaranty or Performance Bond, as appropriate. No. 6 -- Project Plan. No. 7 —Three years revenue projections from date of execution of AGREEMENT. No. 8 — Community Benefit Plan. No. 9 — California State License Types: Cultivation: Type 1 A; Manufacturing: Type 6 3.2 Binding Effect of AGREEMENT. The Property is hereby subject to terms and conditions of this AGREEMENT. Subject to LICENSEE's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this AGREEMENT, be carried out only in accordance with the terms of this AGREEMENT. 3.3 Ownership of Property; Landlord Consent. LICENSEE represents and covenants that it has a legal or equitable interest in the Property, as defined herein. In the event that LICENSEE is not the fee simple absolute owner of the Property, LICENSEE shall provide CITY with Landlord Consent. Owner shall execute the Property Owner Agreement with the CITY. 3.4 Term. The parties agree that the Term of this AGREEMENT shall be five (5) years commencing on the Effective Date subject to the written extension and early termination provisions described in this AGREEMENT. Upon termination of this AGREEMENT, this AGREEMENT shall be deemed terminated and of no further force and effect, except terms that are expressly stated in this AGREEMENT to survive termination without the need of further documentation from the parties hereto. The LICENSE will expire at the close of the fifth (51h) year and will require the LICENSEE to reapply with the CITY for a new LICENSE. 3.5 Extension of Term. This AGREEMENT may only be extended by mutual agreement of CITY and LICENSEE in writing and signed by LICENSEE and the Mayor of the CITY, following approval by the City Council. If the City Council does not approve such an extension, any such agreement is null and void. 3.6 Termination• Automatic. This AGREEMENT shall automatically terminate upon the happening of any of the following material events, subject to ten (10) day cure period: Page 8 of 36 (a) Revocation of License by the State and/or the CITY that prohibits the LICENSEE from operation of a commercial cannabis facility in the CITY; or (b) Abandonment and/or Surrender by LICENSEE of State and/or CITY License that abandons and/or surrenders the License to operate a commercial cannabis cultivation or manufacturing facility in the CITY. 3.7 Effect of Automatic Termination. The automatic termination of this AGREEMENT (as set forth in section 3.6, above) shall constitute termination of all land use entitlements and permits approved for the LICENSEE and/or the Property. Upon the termination of this AGREEMENT, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this AGREEMENT, which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this AGREEMENT. In the event of abandonment and/or surrender of License by LICENSEE, LICENSEE shall pay all fees due and payable to the CITY, up to date of abandonment and/or surrender. CITY shall immediately notify the State of any termination of this AGREEMENT. 3.8 Notices. 3.8.1 Notice Defined. As used in this AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment, or other communication required or permitted hereunder. 3.8.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or three (3) days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (ii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or (ii) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows: If to the CITY: Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 With copy to: Office of the City Attorney 14403 E. Pacific Avenue Baldwin Park, CA 91706 Page 9 of 36 If to LICENSEE: Baldwin Park Exotics, Inc. 13075 Garvey Avenue Baldwin Park, CA 91706 with copy to: General Counsel Michael Azat 1785 Locust Street, Unit 3 Pasadena, CA 91106 3.8.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.9 Validity of this AGREEMENT. LICENSEE and the CITY each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this AGREEMENT. The parties acknowledge and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this AGREEMENT violates federal or state law, with respect to all federal, state, and local statutes, ordinances, or regulations in effect as of the Effective Date. 3.10 Fee. Fee means the Community Benefits Fee and the Administrative Fee, set by the CITY, negotiated with LICENSEE, at arms -length, to provide CITY commensurate benefit based on a private benefit conferred upon LICENSEE. Fee shall include CITY's cost to research commercial cannabis and commercial cannabis laws and regulations, draft commercial cannabis ordinance, conduct public meetings, negotiate development agreements, process applications, and any other acts taken by the CITY in furtherance of medical and adult commercial use of cannabis. 3.11 Commercial Cannabis Banking. The CITY will not accept cash payments for any fees or costs associated with this AGREEMENT. LICENSEE shall establish a banking relationship with a bank that allows for payments to the CITY via company check, cashiers check, or money order. Alternatively, LICENSEE, may wire funds and/or ACH directly to the CITY. ARTICLE 4. COMMERCIAL CANNABIS PROJECT. 4.1 Right to Develop. LICENSEE shall, subject to the terms of this AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Application. The Property shall remain subject to all Subsequent Project Approvals required to complete the Project as contemplated by the Application. 4.2 Effect of AGREEMENT on Land Use Regulations. Except as otherwise provided by this AGREEMENT, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Application. Provided, however, that in approving tentative subdivision maps, the CITY may Page 10 of 36 impose ordinary and necessary dedications for rights -of -way or easements for public access, utilities, water, sewers, and drainage, having a nexus with the particular subdivision; provided, further, that the CITY may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of LICENSEE's obligations thereunder. 4.3 Changes to Proiect. The parties acknowledge that changes to the Project may be appropriate and mutually desirable. The CITY shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as otherwise provided by this AGREEMENT. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Project Approval. 4.4 Reservations of Authority. Any other provision of this AGREEMENT to the contrary notwithstanding, the Project shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics: (i) Processing Fees imposed by the CITY to cover the estimated or actual costs to the CITY of processing applications for the Project or for monitoring compliance with any requirements for approval, granted or issued, which fees are charged to reimburse the CITY's lawful expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlement are granted or conducted by the CITY. (ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the CITY. (iv) Regulations which may be in conflict with the Development Plan, but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide LICENSEE with the rights and assurances provided in this AGREEMENT. (b) That such regulations apply uniformly to all new development projects of the same uses within the CITY. (v) Regulations that do not conflict with the Project. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Project, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of the Project, the maximum height and size of proposed buildings on the Property, provisions for dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this AGREEMENT, and standards for design, development and construction of the Page 11 of 36 Project; (b) do not prevent LICENSEE from obtaining any Subsequent Project Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as LICENSEE would otherwise be entitled by the Project; or (c) do not prevent LICENSEE from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as LICENSEE would otherwise be entitled to do so by the Development Plan. (vi) The CITY shall not be prohibited from applying Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the CITY be prohibited from denying or conditionally approving any Subsequent Project Applications on the basis of such Subsequent Land Use Regulations. 4.5 Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the CITY possess authority to regulate aspects of the Project, separately from or jointly with the CITY, including, but not limited to the Los Angeles County Health Department, the Los Angeles County Fire Department, and the STATE. This AGREEMENT does not limit the authority of such other public agencies. The CITY shall reasonably cooperate with such other public agencies processing Project Approvals. 4.6 Tentative Subdivision Map and Project Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of fifteen (15) years, and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.) All Project Approvals shall not expire if LICENSEE commences substantial construction of the Project within one (1) year from the Effective Date of this AGREEMENT. "Substantial Construction" means the issuance of a building permit in furtherance of the Project. 4.7 Satisfaction of Conditions of Approval. LICENSEE shall comply with any and all conditions of approval for any entitlement, permit, or license it receives from the CITY. 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, LICENSEE shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this AGREEMENT. 4.9 CITY Records Inspection. LICENSEE acknowledges and agrees that the CITY is empowered to examine LICENSEE's books and records. The CITY has the power and authority to examine such books and records at any time, with seventy-two (72) hours written notice, including but not limited to, during normal business hours. If the CITY wishes to inspect the areas of the Property where the commercial cannabis is being cultivated and/or manufactured. CITY may do so at any time with no prior notice to LICENSEE. In addition, CITY agrees that all of its employees or agents which enter the cultivation and/or manufacturing facility shall follow all of the policies and guidelines imposed on LICENSEE's employees, including without limitation, the wearing of any clothing or equipment to ensure that no pests or impurities shall enter the subject areas. 4.10 Commencement of Project by LICENSEE. Within six (6) months after the execution of this AGREEMENT, LICENSEE shall commence the submittal of applications for and use entitlements, permits, etc. If LICENSEE fails to apply to CITY for entitlements, permits, etc., within six (6) months from the execution of the AGREEMENT, CITY shall have the right to Page 12 of 36 Termination of the AGREEMENT, and may avail itself of any other remedies, as set forth herein. The CITY, it its sole and absolute discretion, may grant extensions to the LICENSEE to comply with this subsection, provided the LICENSEE demonstrates a good faith attempt to seek entitlements, permits, etc. 4.11 Audit. LICENSEE acknowledges and agrees that the CITY is empowered to audit LICENSEE's books and records, at any time, with written notice of seventy-two (72) hours. ARTICLE 5. COMMUNITY BENEFITS. 5.1 Intent. The parties acknowledge and agree that the Project will result in substantial public needs and that the CITY is engaging in an essential governmental function by the execution of the AGREEMENT; the parties further acknowledge and agree that this AGREEMENT confers substantial private benefits on LICENSEE, which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the community to balance the private benefits conferred on LICENSEE by providing more fully for the satisfaction of the public needs resulting from the Project. The Parties further acknowledge and agree that the LICENSE confers substantial private benefits on the LICENSEE that will impose burdens on the CITY's infrastructure, maintenance, repair, safety, services, traffic, noise, pollution, etc., and that the private benefits provided to the LICENSEE should be balanced with commensurate public benefits for the community ("Community Benefits"). 5.2 Community Benefits. LICENSEE agrees to provide Community Benefits as set forth in the Community Benefits Plan submit by LICENSEE with the Application. All commitments made by LICENSEE in the Application, inclusive of the Community Benefits Plan are incorporated into this AGREEMENT as if fully set forth in this AGREEMENT (see Attachment 8). The LICENSEE agrees that the Community Benefits Fee, which has been set by the City Council, is deemed fair and reasonable, and that full payment of such fees is required by LICENSEE under this AGREEMENT. 5.3 Penalty for Nonpayment. Failure to pay the Community Benefits Fee within thirty (30) days after the due date shall result in a penalty for nonpayment in a sum equal to twenty-five percent (25%) of the total amount due. Additional penalties will be assessed in the following manner: ten percent (10%) shall be added to the first day of each calendar month following the month of the imposition of the twenty-five (25%) penalty if the fees remain unpaid in whole or in part — up to a maximum of 100% of the fee payable on the due date. The CITY may use all available legal means to collect any unpaid Community Benefit Fees including, but not limited to, contracting with collection agencies, encumbrance of the LICENSEE's real property, and seeking judgment in court; any unpaid balance will be subject to an additional collection fee of nineteen percent (19%). 5.4 Annual Community Benefits Fee. LICENSEE agrees to pay the CITY an annual Community Benefits Fee in the amount of one -hundred -seventy-five thousand dollars ($175,000.00), which is based upon the "Premises" as defined by the State. 5.5 Community Benefits Fee Schedule; Annual or Quarterly. The initial Community Benefits Fee is due and payable simultaneously with the issuance of the COO, as defined herein, payable via cashier's check; thereafter, it shall be payable on an annual basis on the anniversary date of this AGREEMENT. However, the Parties my agree to quarterly payments of the Page 13 of 36 Community Benefits Fee; payable in four (4) equal installments, commencing upon issuance of the COO, and payable quarterly thereafter, via cashier's check. 5.6 Reassessment of Community Benefits Fee. The Community Benefits Fee is subject to reassessment by the CITY every five (5) years, after execution of the AGREEMENT. At the end of year five (5), the CITY will set a new Community Benefits Fee which will be applied in years 6 through 10. At the end of year 10, the CITY will set new Community Benefits Fee which will be applied in years 11 through 15. No one factor is dispositive in the CITY's determination of the new Community Benefits Fee. 5.7 Administrative Fee Deposit. LICENSEE shall be responsible for all of the CITY's actual costs associated with processing Project Approvals including, but not limited to, costs associated with the CITY's review and processing of the Project, including but not limited to reviewing the Projects entitlements, including all environmental clearance documents, permits, licenses and all documents evidencing compliance with state and local law. As such, upon issuance of its permit, LICENSEE must deposit fifteen thousand dollars ($15,000) with the CITY for the purpose of reimbursing the CITY for any costs associated with processing the Project, as detailed above and reimbursing the CITY for its actual costs incurred in drafting and processing this AGREEMENT. LICENSEE will be liable for the CITY's actual costs incurred in processing future Project approvals and/or applications. CITY acknowledges and agrees that this payment is not merely a deposit but is a cap on the amount of the CITY's actual costs incurred in processing this AGREEMENT. the Administrative Fee of $15,000, which is due and payable, in full, immediately upon execution of this AGREEMENT. 5.8 Personal Guaranty. LICENSEE shall execute a Personal Guaranty and/or secure a Performance Bond in favor of the CITY to secure the payment of all Fees associated with this AGREEMENT. The initial amount of the Personal Guaranty shall be one hundred seventy-five thousand dollars ($175,000.00), which initial amount shall be maintained during the term of this AGREEMENT. 5.9 Possible Tax on Gross Receipts. In the event that an initiative is adopted by the voters of the CITY to impose a tax based on gross receipts or any other method of taxation, on LICENSEE to conduct commercial cannabis cultivation and/or manufacturing in the CITY, LICENSEE shall only be responsible for payment of the Community Benefit Fee or a tax, but not both. 5.10 Project Plan. LICENSEE shall provide a detailed Project Plan. 5.11 Financial Projections. Three (3) years of Financial Projections will be provided with the AGREEMENT. Thereafter annual Financial Projections will be provided on the anniversary of the execution of this Agreement. 5.12 Jobs and Wage Creation. 5.12.1. Local Hiring. LICENSEE agrees to use its Reasonable, good faith efforts to hire qualified CITY residents for jobs at the Project. LICENSEE shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the CITY or who employ a significant number of CITY residents. The LICENSEE shall comply with the Page 14 of 36 living wage requirement for all employees at the commercial cannabis facility. Unions shall be allowed and LICENSEE shall not discriminate against such union activity. 5.12.2 Wage Creation. LICENSEE shall make Reasonable, good faith efforts to employ at least forty percent (40%) of the Proiect's workforce consisting of CITY residents. Such Reasonable, good faith efforts shall include, without limitation, job announcements shall be posted at CITY Hall, along with proof that the job announcements were advertised in at least two newspapers published, printed, or distributed in the CITY and, is applicable, on various social media sites accessible to the general public. In addition, LICENSEE shall make a good faith effort to advertise job announcements at local job fairs and on local radio. 5.12.3 Status Reports. LICENSEE shall provide the CITY with written annual status reports to monitor compliance with this Section 5.13. Status Report Form to be provided by CITY. ARTICLE 6. DISTRIBUTION, SELF -DISTRIBUTION AND TRANSPORTATION 6.1 Transportation of Commercial Cannabis. Transfers of commercial cannabis goods into and out of the CITY may be completed by a duly licensed commercial cannabis distributor in compliance with MAUCRSA and the BPMC. 6.2 Distribution of Commercial Cannabis. LICENSEE shall distribute its commercial cannabis and commercial Cannabis Products through any duly licensed commercial cannabis distributor in compliance with MAUCRSA and the BPMC. 6.3 Agreement with Distributor(s). LICENSEE and any distributors shall reach their own agreement regarding fees for the distributor's services, if applicable. 6.4 Self -Distribution. LICENSEE may engage in "Self -Distribution" of commercial cannabis products that are cultivated or manufactured on the Property for a period of five (5) years, provided LICENSEE pays an annual fee of ten thousand dollars ($10,000.00) to the CITY in annual installments of two thousand dollars ($2,000.00), for five years, or one ten thousand dollars ($10,000.00) payment. LICENSEE shall also maintain current a distributor transport permit from the State of California and comply with MAUCRSA. A distributor transport only self - distribution licensee is not permitted to transport cannabis goods cultivated or manufactured by other licensees. ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The CITY Council shall have the option, in its sole and absolute discretion, to direct the Chief Executive Officer to review this AGREEMENT every six (6) months, on or before each anniversary of the Effective Date, in order to ascertain LICENSEE's good faith compliance with this AGREEMENT. During the Periodic Review, LICENSEE shall be required to demonstrate good faith compliance with all the terms and conditions of the AGREEMENT including good faith towards getting a Certificate of Occupancy. 7.2 Special Review. The CITY Council, in its sole and absolute discretion, may order a special review of compliance with this AGREEMENT at any time by the Chief Executive Officer. At any Reasonable time if the Chief Executive Officer is informed and believes that LICENSEE is in default of any terms and conditions of the AGREEMENT. The CITY may also inspect any Page 15 of 36 Property of the LICENSEE associated with the Project, at any reasonable time without notice. The failure by LICENSEE to allow entry into the Property or Properties, at any time, shall be deemed a breach of this AGREEMENT and may result in the termination of this AGREEMENT, as originally agreed or as modified. 7.3 Review Hearing. At the time and place set for the review hearing before the Chief Executive Officer, LICENSEE shall be given an opportunity to be heard. If the Chief Executive Officer finds, based upon substantial evidence, that LICENSEE has not complied in good faith with the terms or conditions of this AGREEMENT, the Chief Executive Officer may: (a) recommend that the City Council terminate this AGREEMENT notwithstanding any other provision of this AGREEMENT to the contrary, or (b) modify this AGREEMENT and impose such conditions as are reasonably necessary to protect the best interests of the CITY, with any Minor Amendment to this Agreement approved by the Chief Executive Officer, and any Major Amendment to this Agreement approved by the City Council. After the Review Hearing, the decision of the Chief Executive Officer shall be appealable to the City Council of the CITY. Any appellate decision of the City Council shall be final, subject only to judicial review. 7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, the CITY Council determines that LICENSEE is in compliance with this AGREEMENT, the CITY shall issue a Certificate of Agreement Compliance ("Certificate") to LICENSEE stating that after the most recent Periodic Review or Special Review and based upon the information known or made known to the City Council of the CITY, that (a) this AGREEMENT remains in full force and effect and (b) LICENSEE is not in default. The CITY shall not be bound by a Certificate if a default existed at the time of the Periodic Review or the Special Review, but was not disclosed, concealed, or otherwise not known to the City Council of the CITY, regardless of whether the Certificate is relied upon by assignees or other transferees or LICENSEE. 7.5 Failure to Conduct Review. The CITY's delay or failure to conduct a Periodic Review or a Special Review of this AGREEMENT shall not constitute a breach of this AGREEMENT. 7.6 Cost of Review. The costs incurred by CITY in connection with the Periodic Reviews or Special Review shall be borne by the CITY. The LICENSEE is not liable for any costs associated with any CITY Periodic Review or Special Review of this AGREEMENT. ARTICLE 8. EVENTS OF DEFAULT. 8.1 Material Breach of this AGREEMENT. Any of the following events shall be deemed an Event of Default and a material breach of this AGREEMENT: 8.1.1 Final Judgment. The entry of a final judgment (or a decision on any appeal therefrom) voiding the CITY's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the CITY is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal. 8.1.2 Payment of Fees. Failure to timely pay any fees to the CITY, as determined by the CITY in its sole and absolute discretion. Page 16 of 36 8.1.3 Land use entitlements, permits. Failure to apply for land use entitlements, permits, with the CITY and the State of California, Department of Cannabis Control, within six (6) months after execution of this AGREEMENT. The CITY will grant extensions upon written request and proof of progress in seeking entitlements, permits, etc. 8.1.4 Certificate of Occupancy. Failure to move forward in good faith to obtain a Certificate of Occupancy (COO). 8.1.5 Cure Period. In the event of any material breach of this AGREEMENT, the CITY shall mail a notice to LICENSEE, offering an opportunity to cure the breach, within thirty (30) days. Proof of the cure of the event MUST be presented within the thirty (30) days to CITY. Failure to cure within the time set forth herein, shall be grounds for Termination as set forth in Section 3.6, above, at the discretion of the CITY. ARTICLE 9. REMEDIES. 9.1 Remedies in General. It is acknowledged by the parties that the CITY would not have entered into this AGREEMENT if it were to be liable in damages with respect to this AGREEMENT or the Application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure, or delay by either party to perform any term or provision of this AGREEMENT shall constitute a default. 9.2 Event of Default. In the event of alleged default or breach of any terms or conditions of this AGREEMENT, the party alleging such default or breach shall give the other party thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings except for the events detailed in Section 3.6 wherein a ten (10) day notice is required to cure. 9.3 Legal or Equitable, Monetary Damages. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this AGREEMENT through any state court, except that the CITY shall not be liable in monetary damages, unless expressly provided for in this AGREEMENT, to LICENSEE, to any mortgagee or lender, or to any successors in interest of LICENSEE if successors in interest are permitted under this AGREEMENT or mortgagee or lender, or to any other person, and LICENSEE covenants on behalf of itself and all successors in interest, if successors in interest are permitted under this AGREEMENT, to the Property or any portion thereof, not to sue for damages or claim any damages: (i) For any breach of this AGREEMENT or for any cause of action which arises out of this AGREEMENT; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this AGREEMENT, including, without limitation, any impairment or restriction which LICENSEE characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the Application or request for a permit for cultivation and/or manufacturing or interpretation or effect of the provisions of this AGREEMENT. Page 17 of 36 9.4 Waiver/Release of Claims. LICENSEE hereby agrees to waive and/or release the CITY for any claim or claims or cause of action, not specifically and expressly reserved herein, which LICENSEE may have at the time of execution of this AGREEMENT relating to any Application to the CITY including, but not limited to, any Application for any type of cultivation or manufacturing permit, any Application for any cultivation or manufacturing rights, or any Application for any cultivation or manufacturing license from the CITY. CALIFORNIA CIVIL CODE SECTION 1542 The LICENSEE expressly acknowledges that this AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at the time of execution hereof, that this AGREEMENT contemplates the extinguishment of any such Claim or Claims. The LICENSEE specifically acknowledges and waives and releases the rights granted to LICENSEE under California Civil Code Section 1542, which states as follows: A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. By expressly waiving the rights granted to LICENSEE under California Civil Code Section 1542, the LICENSEE represents that they understand and acknowledge that if they have suffered any injury, damage as a result of the Application for or request for any permit from the CITY and (i) they are not presently aware of any damage or injury, or (ii) any damage or injury has not yet manifested itself, any claims for any such damage or injury are forever released and discharged. 9.5 Reservation of Rights — CITY. Nothing herein shall modify or abridge any defenses or immunities available to the CITY and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. 9.6 Reservation of Rights — LICENSEE. Nothing contained herein shall modify or abridge LICENSEE's rights or remedies (including its rights for damages, if any) resulting from the exercise by the CITY of its power of eminent domain. Nothing contained herein shall modify or abridge LICENSEE's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the CITY and its officials, officers, agents, and employees. 9.7 Limitation of Rights. Except as set forth in the preceding paragraph relating to eminent domain, LICENSEE's remedies shall be limited to those set forth in this Section 9.1, Section 9.2, and Section 9.3. 9.8 Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this AGREEMENT and should be available to all parties for the following reasons: Page 18 of 36 (i) Money damages are not available against the CITY. (ii) Due to the size, nature, and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this AGREEMENT has begun. After such implementation, LICENSEE may be foreclosed from other choices it may have had to use the Property or portions thereof. LICENSEE has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate LICENSEE for such efforts. 9.9 Termination of Agreement for Default of the CITY. LICENSEE may terminate this AGREEMENT only in the event of a default by the CITY in the performance of a material term of this AGREEMENT and only after providing written notice to the CITY of default setting forth the nature of the default and the actions, if any, required by the CITY to cure such default and, where the default can be cured, the CITY has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 9.10 Attorneys' Fees and Costs. In any action or proceeding between the CITY and LICENSEE brought to interpret or enforce this AGREEMENT, or which in any way arises out of the existence of this AGREEMENT, or is based upon any term or provision contained herein, the "prevailing party" in such action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this AGREEMENT, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 9.10 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding. 9.11 LICENSEE Default. No building permit shall be issued or building permit application accepted for any structure on the Property after LICENSEE is determined by the CITY to be in default of the terms and conditions of this AGREEMENT until such default thereafter is cured by LICENSEE or is waived by the CITY. If the CITY terminates this AGREEMENT because of LICENSEE'S default, then the CITY shall retain any and all benefits, including fees received by the CITY hereunder. 9.12 Additional Fees and Fines. Licensee shall be subject not only to the Fees due, as set forth in the AGREEMENT, but shall also be subject to an additional Collections Fee in the amount of the legal rate of interest is 10% of outstanding balance due to the CITY, which shall be due to the Collections Agency designated by the CITY for any and all collections efforts initiated by the CITY, if payment is not received within thirty (30) days after request from the CITY's designated collections agency. Additionally, the CITY shall seek termination of the AGREEMENT, which the CITY shall report to the Department of Cannabis Control of the State of California (DCC)." Page 19 of 36 ARTICLE 10. THIRD PARTY LITIGATION. 10.1 General Plan Litigation. The CITY has determined that this AGREEMENT is consistent with its General Plan. LICENSEE has reviewed the General Plan and concurs with the CITY's determination. The CITY shall have no liability under this AGREEMENT, or otherwise, for any failure of the CITY to perform under this AGREEMENT, or for the inability of LICENSEE to develop the Property as contemplated by the Project Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid, inadequate, not in compliance with law, or that this AGREEMENT or any of the CITY's actions in adopting it, were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that the AGREEMENT or any Project Approval is unenforceable based upon federal, state, or local statutes, ordinances, or regulations in effect on the Effective Date. 10.2 Hold Harmless Agreement. LICENSEE hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from LICENSEE or LICENSEE's contractors, subcontractors, agents, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, agents, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for LICENSEE or any of LICENSEE's contractors or subcontractors. LICENSEE agrees to and shall defend CITY and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. 10.3 Indemnification. LICENSEE shall defend, indemnify and hold harmless the CITY and defend its officers, agents, and employees, against and from any and all liabilities, demands, lawsuits, claims, government claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which the CITY, its officers, agents, and employees, may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this AGREEMENT and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) if applicable, the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; and (iii) the proceedings or procedure undertaken in connection with the adoption or approval of any permit or any of the above. In the event of any legal or equitable action or other proceeding instituted by anyone against the CITY, its officers, agents, and employees, and any third party (including a governmental entity or official) challenging the validity of any provision of this AGREEMENT or procedure upon which the permit was issued, or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the CITY, at is sole option, may tender to LICENSEE, and LICENSEE agrees to accept any such tender of the complete defense, of any third -party challenge as described herein. In the event the CITY elects to contract with special counsel to provide for such a defense, the CITY may do so in its sole discretion and LICENSEE will be required to pay the defense costs of the CITY as the costs are incurred. LICENSEE agrees to pay any and all attorney's fees or retainer regarding the selection of special counsel, and LICENSEE shall pay all costs and all attorneys' fees related to retention of such special counsel. Page 20 of 36 10.4 Environmental Contamination. LICENSEE shall indemnify and hold the CITY, its officers, agents, and employees, free and harmless from any liability, based or asserted, upon any act or omission of the LICENSEE, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of CITY as successor to any portions of the Property dedicated or transferred to CITY by LICENSEE, for any violation of any federal, state, or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and LICENSEE shall defend, at its expense, including attorneys' fees, the CITY, its officers, agents, and employees, in any action based or asserted upon any such alleged act or omission. The CITY may in its discretion participate in the defense of any such claim, action or proceeding. The provisions of this Section 10.4 do not apply to environmental conditions that predate the LICENSEE's ownership or control of the Property or applicable portion, which shall be determined exclusively by the CITY. However, the foregoing limitation shall not operate to bar, limit, or modify any of LICENSEE's statutory or equitable obligations as a LICENSEE or seller of the Property. 10.5 CITY Selection of Counsel. With respect to Sections 10.1 through 10.4, the CITY reserves the right to select its own special counsel or otherwise engages special counsel to defend the CITY hereunder, which fees shall be paid by LICENSEE. 10.6 Acceptance of Reasonably Good Faith Settlement. With respect to this Article 9, the CITY shall not reject any reasonably good faith settlement. Before accepting any such settlement offer, CITY shall notify LICENSEE of the offer and provide LICENSEE with a copy of the settlement offer. If LICENSEE disagrees with the CITY's intention to accept the offer, prior to the CITY's response to any offer, the parties shall meet and confer, in good faith, in order to attempt to resolve the parties' differences. If the CITY does reject a reasonable, good faith settlement that is acceptable to LICENSEE, LICENSEE may enter into a settlement of the action, as it relates to LICENSEE, and the CITY shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 10.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. LICENSEE and the CITY expressly agree that this Section 10.6 does not apply to any settlement that requires an exercise of the CITY's police powers, limits the CITY's exercise of its police powers, or affects the conduct of the CITY's municipal operations. 10.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with LICENSEE's development, operation and use of the Property (collectively, "Actions"). The CITY shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this agreement absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice." If any Action is brought by either the Federal or State Government, CITY shall immediately notify LICENSEE of the nature of the Claim including all correspondence or documents submitted to the CITY. Prior to responding to the Governmental Notice, CITY shall provide LICENSEE ten (10) days from the date of such notice subpoena or the like to serve and obtain on the CITY a protective order, or the like, from a court of competent jurisdiction. Page 21 of 36 10.8 Survival. The provisions of Sections 10.1 through 10.7 inclusive, shall survive the termination or expiration of this AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated. ARTICLE 11. THIRD PARTY LENDERS, ASSIGNMENT & SALE. 11.1 Encumbrances. The parties hereto agree that this AGREEMENT shall not prevent or limit LICENSEE, in any manner, at LICENSEE's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. 11.2 Lender Requested Modification/interpretation. The CITY acknowledges that the lenders providing such financing may request certain interpretations and modifications of this AGREEMENT and agrees upon request, from time to time, to meet with LICENSEE and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit CITY's rights under this AGREEMENT. 11.3 Non -Transferable Without CITY Approval. This AGREEMENT and any permits, licenses, entitlements, and related benefits cannot be sold or transferred without prior written approval by the City Council of the CITY. No new LICENSEEs shall be permitted without prior written approval by the CITY. ARTICLE 12. MISCELLANEOUS PROVISIONS. 12.1 Amendment of Agreement. This Agreement shall be amended only by mutual consent of the Parties. All amendments shall be in writing and executed by both Parties. The City Council hereby expressly authorizes the Chief Executive Officer to approve a Minor Amendment to this Agreement. A Major Amendment to this Agreement shall be approved by the City Council. The Chief Executive Officer shall, on behalf of CITY, have sole discretion to determine if an amendment constitutes a Minor Amendment or a Major Amendment. Nothing in this Agreement shall be construed as requiring a noticed public hearing, unless required by law. 12.2 Entire Agreement. This AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly contained herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this AGREEMENT, provided, however, CITY shall rely on statements made by LICENSEE's agents, officers, or employees, at the public hearings leading to the CIIYs approval of the project, or on written documents submitted by LICENSEE's agents, officers, or employees, that are a part of the public record. 12.3 Severability. If any term, provision, covenant, or condition of this AGREEMENT shall be determined invalid, void, or unenforceable, by a court of competent jurisdiction, the remainder of this AGREEMENT shall not be affected thereby and shall remain in full force and effect to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this AGREEMENT. The foregoing notwithstanding, the provision Page 22 of 36 of the Community Benefits set forth in Article 5, herein, including the payment of the fees set forth therein, are essential elements of this AGREEMENT and the CITY would not have entered into this AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the CITY's option, this entire AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the Project rights set forth in Article 4 of this AGREEMENT are essential elements of this AGREEMENT and LICENSEE would not have entered into this AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at LICENSEE's option, this entire AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. 12.4 Federal Law. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this AGREEMENT is invalid, unenforceable, or illegal under federal law. By entering into this AGREEMENT, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this AGREEMENT is not required because the AGREEMENT is invalid, unenforceable, or illegal under federal law. 12.5 Interpretation and Governinq Law. Any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This AGREEMENT shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this AGREEMENT, since all parties were represented by counsel in the negotiation and preparation of this AGREEMENT, and/or were advised to consult counsel and had the opportunity to obtain counsel for the negotiation and preparation of this AGREEMENT. 12.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this AGREEMENT. 12.7 Singular and Plural: Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of Project entity. 12.8 Time of Essence. Time is of the essence in the performance of the provisions of this AGREEMENT as to which time is an element. 12.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this AGREEMENT thereafter. 12.10 No Third -Party Beneficiaries. The only parties to this AGREEMENT are LICENSEE and the CITY. This AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third -party Page 23 of 36 beneficiaries, and this AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 12.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 12.12 Counterparts. This AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 12.13 Jurisdiction and Venue. Any action at law or in equity arising under this AGREEMENT or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this AGREEMENT shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. 12.14 Proiect as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this AGREEMENT. No partnership, joint venture or other association of any kind is formed by this AGREEMENT. The only relationship between the CITY and LICENSEE is that of a government entity regulating the development of private property and the LICENSEE of such property. 12.15 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this AGREEMENT and the satisfaction of the conditions of this AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this AGREEMENT to carry out the intent and to fulfill the provisions of this AGREEMENT or to evidence or consummate the transactions contemplated by this AGREEMENT. 12.16 Eminent Domain. No provision of this AGREEMENT shall be construed to limit or restrict the exercise by the CITY of its power of eminent domain. 12.17 Agent for Service of Process. In the event LICENSEE is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then LICENSEE shall file, upon its execution of this AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this AGREEMENT, a designation of a natural person residing in the State of California, giving his or her name, residence and Project addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this AGREEMENT, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon LICENSEE. If for any reason service of such Page 24 of 36 process upon such agent is not feasible, then in such event LICENSEE may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon LICENSEE. LICENSEE is amenable to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto. 12.18 Authority to Execute. The person or persons executing this AGREEMENT on behalf of LICENSEE warrants and represents that he/she/they have the authority to execute this AGREEMENT on behalf of his/her/their corporation, partnership or Project entity and warrants and represents that he/she/they has/have the authority to bind LICENSEE to the performance of its obligations hereunder. LICENSEE shall each deliver to CITY on execution of this AGREEMENT a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this AGREEMENT and naming the officers that are authorized to execute this AGREEMENT on its behalf. Each individual executing this AGREEMENT on behalf of his or her respective company or entity shall represent and warrant that: (i) The individual is authorized to execute and deliver this AGREEMENT on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and (ii) This AGREEMENT is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The execution and delivery of this AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 12.19 Nexus/Reasonable Relationship Challenges. LICENSEE agrees that the fees imposed are in fact reasonable and related to the mitigation of the negative impacts of the Project on the CITY and consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this AGREEMENT including, without limitation, any claim that the terms in this AGREEMENT constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, and/or impose an unlawful tax. 12.20 No Damages Relief Against CITY. The parties acknowledge that the CITY would not have entered into this AGREEMENT had it been exposed to damage claims from LICENSEE, its agents, officers, employees, or anyone acting on behalf of LICENSEE for any breach thereof. As such, the parties agree that in no event shall LICENSEE, or LICENSEES' agents, officers, employees, partners, or anyone acting on behalf of LICENSEE be entitled to recover damages against CITY for breach of this AGREEMENT. Page 25 of 36 12.21 Laws. LICENSEE agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, LICENSEE further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, LICENSEE agrees to comply with all applicable provisions of BPMC. 12.22 Compliance with Conditions of Approval. LICENSEE agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the CITY. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 12.23 Consistent with State and Federal Regulations. The CITY acknowledges that this AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this AGREEMENT shall govern the conduct of the property under such future regulations. 12.24 Compliance with Applicable Laws. LICENSEE shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out its obligations under this Agreement. 12.25 Necessary Acts. Each Party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of the Agreement and the intent of the Parties to the Agreement. 12.26 Consultation with Counsel. The Parties have entered and executed this Agreement freely and voluntarily based on their own independent judgment, after Consultation with their respective counsel, and without duress, coercion, or undue influence of any kind. 12.27 Superseding Clause. This AGREEMENT supersedes any and all other agreements or contracts, either oral or written, between the parties with respect to the subject matter herein. [Signatures on next page] Page 26 of 36 IN WITNESS WHEREOF the parties hereto have caused this AGREEMENT to be executed as of the dates written above, CITY OF BALDWIN PARK By: Emmanuel J. Estrada, Mayer BALDWIN PARK EXOTICS, INC. By: I�e s Ianukyan, dent ATTEST: By: City Clerk Approved as to Form. By: Julia Sylva, Special Counsel Commercial Cannabis Activity, CITY OF BALDWIN PARK Approved as to Form: B " Michael Azat, General Counsel, BALDWIN PARK EXOTICS, INC. Page 27 of 36 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document: State of C lifer County of OnR!2aAa4 before me, Lisa Garcia, (Votary Public (insert name and title of the officer) personally appeared T-C'V-yos Mom ukuu who proved to me on the basis of satisfactory evidence to be the person(s) whose nam subscribed to the within instrument and acknowled ed to me tha /tbay executed the same in i authorized capaci i ), and that b if signatur on the instrument the person(a), or the entity upon behalf of which the persopW acted, executed the instrument; I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. LISAGARCtA WITNESS my hand and official seal, COMM#2A1461 My GtyntimYion n Ptamb t 1 24i 8 Signature 'mow �. (Seal) No. 1 - Le -gal Description of the Property and/or Properties Common Address: 15115 Ramona Boulevard, Baldwin Park, CA 91706 Assessor's Parcel Number: 8437-021-004 Page 28 of 36 No. 2 — Map showing Property and its or their location(s) Page 29 of 36 No. 3 — CITY Cannabis Permit Application Form (no attachments necessary) Page 30 of 36 No. 4 — Landlord Consent, if applicable Page 31 of 36 No. 5 — Personal Guaranty or Performance Bond Page 32 of 36 No. 6 — Proiect Plan Page 33 of 36 No. 7 — Financial Projections Page 34 of 36 No. 8 — Community Benefits Plan The City of Baldwin Park will establish a "Community Benefit Fund" to allocate a portion of the Community Benefit Fee to support community -based programs and activities in the City. The City will adopt a policy to provide guidelines and procedures for the distribution of these public funds. Page 35 of 36 No. 9 — California State License Types Cultivation: Type 1 A specialty indoor license Manufacturing: Type 6- non-volatile Page 36 of 36 ITEM NO. 8 STAFF REPORT ALD��ti TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, City Manager sary GABRIEL DATE: March 1, 2023 ono" ..VALLEY ,�, 01 "p QJAN„P�`��' SUBJECT: Baldwin Park Resident Owned Utility District (BPROUD) Program- Decertification. Reversion, and Decommissioning Process- Status Update Report SUMMARY BPROUD ceased serving electric load as of the end of February 2022. Reversion of all customers to Southern California Edison (SCE) service was completed as of March 5, 2022. Staff has been providing periodic status reports to the City Council since the decertification was completed. This status report includes the transfer of the BPROUD funds from the lockbox to the General Fund. RECOMMENDATION It is recommended that the City Council receive and file this report.. FISCAL IMPACT A transfer of $3.5 million from the BPROUD lock box account with River City Bank has been made to the General Fund account with Bank of the West where the money can be placed in interest -bearing accounts. A nominal amount of approximately $96,000 was left in the BPROUD account under a regular account is as much as the restricted lockbox escrow account has now been converted to a regular bank account. BACKGROUND The decertification, reversion, and decommissioning process has had specific date -certain deadlines and milestones on some actions, and progressive actions in others. For example, BPROUD ceased serving load as of February 28, 2022, and SCE assumed all customers as of March 5, 2022. Regulatory filings with the California Public Utilities Commission (CPUC) and California Energy Commission (CEC) have been ongoing, and will continue through 2025. DISCUSSION Most transactions and activities related to the decertification of the BPROUD program have been completed, with only a few lingering activities and actions still remaining before the program can be deemed fully decommissioned. Notable activities that have transpired since our last status report of August 17, 2022: RPS Compliance Report for the 2021 service year was filed with the CPUC in December 2022 The State of California through the Department of Community Services and Development and via SCE, awarded BPROUD $271,797 in CAPP Funds for unpaid bills attributed to Covid impacts. • Revenue from payment of overdue bills by customers continue to trickle in, now averaging about $2000 per week, deposited by SCE into the City's account with River City Bank. • City staff converted the BPROUD lockbox account with River City bank to a regular bank account. Page 1 / 3 • City staff have transferred $3.5 million from River City Bank BPROUD account to Bank of the West City General Fund Account As of February 14, 2023, a balance of approximately $96,000 remains in the River City Bank account. Reconciliation and settlement of CAISO power purchase accounts from when BPROUD was active continue to be transacted by Direct Energy as our administrator. • No contractual relationship exists any longer with Cal Choice. Future Actions related to the decommissioning of BPROUD: Product Content Label (PCL) filing with the CPUC for 2022 load (in 2023). RPS Compliance filing with CPUC for 2022 load (in 2023). Closure of bank account with City River Bank (in 2024). Termination of agreement with Direct Energy for CAISO energy settlements (in 2024). Last RPS filing with CPUC for compliance period 2021-2024 (in 2025). A detailed financial statement of all the major BPROUD financial transactions will be presented in the next status report. ALTERNATIVES Most transactions and activities related to the decertification of the BPROUD program have been completed, with only a few lingering activities and actions still remaining before the program can be deemed fully decommissioned. Notable activities that have transpired since our last status report of August 17, 2022: RPS Compliance Report for the 2021 service year was filed with the CPUC in December 2022 The State of California through the Department of Community Services and Development and via SCE, awarded BPROUD $271,797 in CAPP Funds for unpaid bills attributed to Covid impacts. • Revenue from payment of overdue bills by customers continue to trickle in, now averaging about $2000 per week, deposited by SCE into the City's account with River City Bank. City staff converted the BPROUD lockbox account with River City bank to a regular bank account. City staff have transferred $3.5 million from River City Bank BPROUD account to Bank of the West City General Fund Account As of February 14, 2023, a balance of approximately $96,000 remains in the River City Bank account. Reconciliation and settlement of CAISO power purchase accounts from when BPROUD was active continue to be transacted by Direct Energy as our administrator. • No contractual relationship exists any longer with Cal Choice. Future Actions related to the decommissioning of BPROUD: Product Content Label (PCL) filing with the CPUC for 2022 load (in 2023). RPS Compliance filing with CPUC for 2022 load (in 2023). Closure of bank account with City River Bank (in 2024). Termination of agreement with Direct Energy for CAISO energy settlements (in 2024). Last RPS filing with CPUC for compliance period 2021-2024 (in 2025). A detailed financial statement of all the major BPROUD financial transactions will be presented in the next status report. Page 2/3 LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS None. Page 3/3 ITEM NO. 9 STAFF REPORT ALD��ti TO: Honorable Mayor and Members of the City Council 'F HUBOF THEE' FROM: Ron Garcia, Director of Communicty Development sary GABRIEL DATE: March 1, 2023 �c+0 7)�QJAN„P�`��' SUBJECT: First Reading of Ordinance Updating the City of Baldwin Park Commercial Cannabis Regulations SUMMARY The purpose of this staff report is to introduce for first reading an Ordinance that will update the City's existing commercial cannabis regulations. RECOMMENDATION It is recommended that the City Council waive further reading, read by title only and introduce the following: "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 Draft 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. At the conclusion of the discussion, the City Council directed that the Draft Ordinance be included in the next Agenda for a first reading. The Council also 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 Draft 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 Page 1 / 3 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 Draft 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 Draft 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) 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." Future Council Actions As discussed during the presentation of February 15, 2023, the following action items will be included in the City Council Agenda for the regular meeting of March 15, 2023, to allow for a second reading of the Ordinance: Page 2/3 1. A Resolution Establishing Processing Fees for Cannabis Permit Applications; and 2. A Resolution Setting the Number of Cultivation, Distribution & Manufacturing. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Draft Ordinance No. 1501 Page 3/3 ORDINANCE NO. 1501 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 2 § 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. XI 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; F. (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 5 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. 2 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) I.1<iF�iI:1.7��1�i77►�il��r_Trl»��T��ir7x�l�ll7�� 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 11 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, OF youth center or within 24 feet of a dwelling unit within a residential zone, pursuant to division (E) of this section. 12 (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) �P*Kll.M kl [elk d am gm a 4 mol mo3: T1 g[r] =I I'[0]T TP►1=1 �9011 as] ZIxela_al d[97P1 (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: 1s (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; 16 (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. 17 (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 purpose. (4) Video surveillance records shall be held in confidence by all employees and representatives of the Chief Executive Officer, except that the Chief of Police or his 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 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 iC 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. W1 (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 bylaw, 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: 21 (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; 22 (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) 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, Lei • i. • . i . `i . • ' • i �, i . • • The use or development under the permit being conducted in . manner detrimental to public health, safety, or welfare, or such use or development constitutes a public nuisance. r Revocation initir • •L r • of w permit may be initiated by Executive Officer or their designee. The notice of revocation shall specify in writing to the permittee the basisi• action • revoke the permit• be evaluated. (C) Permit revocation public hearing. A hearing by or their designee is required for r action to revoker permit. Pursuantto the hearing and factsthe determined pursuant•. the Chief Executive Officer may revoke ... permit,• ' the permit or •• or delete conditionsof approval or w•• new conditions of approval in order to address the issues raised in the revocation .a • (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 fA) 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 25 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. 26 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 27 128.18 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. w (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. we, "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 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 manners: (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. § 128.06 CHAPTER 127 PRIORITY CANNABIS RETAILER APPLICATION 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 128.18.L. (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); we, (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 (1-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. (13) 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 1; 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. 41 (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. 42 (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 43 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. § 128.14 RECORDS AND RECORDKEEPING (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 45 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. (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 47 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. wool (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. (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. NEI § 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." 51 § 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 52 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. 55 (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. 56 (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. 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 57 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. Ef § 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. " 59 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 § 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. 61 "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; 62 (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 internst 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 ME 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. 65 (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. C'�iF/i[�Zd0 T_-1��'1 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. Me § 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. (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 .• 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. § 129.18 TAX ASSESSMENT; HEARING, APPLICATION, AND DETERMINATION 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 V1 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 X1, 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 I hereby certify that Ordinance No. was PASSED, APPROVED, AND ADOPTED by the City Council of the City of Baldwin Park on the day of ,2023. ATTEST: City Clerk City Attorney CITY OF BALDWIN PARK MAYOR wool ITEM NO. 10 TO: Honorable Mayor and Members of the City Council TEE.` FROM: Enrique C. Zaldivar, City Manager 'SAN �AgR'e�.Marco A. Martinez, City Attorney o . QJAW3 DATE: March 1, 2023 SUBJECT: Adoption and Approval for Second Reading Ordinance No. 1500 to Establish the Measure BP Stakeholders Oversight Committee (SOC) SUMMARY Following approval of Measure BP by Baldwin Park voters in the November 8, 2022, general election, the establishment of an oversight committee was a suggestion of both the residents and the Stakeholders Advisory Committee, and it was a pledge that the City Council and the City made that such a Committee would be created. This Report presents the enabling ordinance for the establishment of the Measure BP Stakeholders Oversight Committee (SOC). RECOMMENDATION It is recommended that the City Council adopt and approve the attached Ordinance No. 1500 to establish the Measure BP Stakeholders Oversight Committee, as a second reading, adding Sections 35.142 through 35.150 to Chapter 35 of Title 3 of the Baldwin Park Municipal Code. FISCAL IMPACT Staff resources and minimal material and equipment cost will be necessitated to support the SOC, but it will be covered within the existing budget without a fiscal impact. BACKGROUND Measure BP- Transaction and Use Local (Sales) Tax was approved in the November 8, 2022 General Election by nearly 59% of the votes. It is for a % of a cent, or 0.75%. The estimated revenue is projected to be $6 Million per year. And while Measure BP is based on it being a general purpose tax measure, the City Council made a pledge to have complete transparency in the investments, programs, and projects funded by Measure BP by establishing an oversight committee which will be entrusted with providing priority recommendations to the City Council on any and all revenue funds derived from Measure BP. DISCUSSION At its meeting of February 1, 2023, the City Council held a discussion on the provisions of the Proposed Ordinance and directed staff to: • Stagger the terms of the Members to ensure continuity. • Remove the City Residency requirement for three of the Member categories. • The Proposed Ordinance attached herein incorporates the Council Direction. Page 1 / 2 The Stakeholders Oversight Committee will be created by ordinance, thus codifying its existence and function in the Baldwin Park Municipal Code. It will be made up of seven (7) members, four of whom must be residents of the City of the Baldwin Park at the time of appointment. The following sector categories apply to the SOC members: • One (1) Member shall represent a youth sports or arts organization located within the City of Baldwin Park. • One (1) Member shall be a duly ordained member of the clergy. Member need not be a Resident of the City. • One (1) Member representing the Baldwin Park Unified School District. Member need not be a Resident of the City. • One (1) Member representing a duly organized non-profit organization. Member need not be a Resident of the City. • Three (3) Members shall be residents from the at -large community in the City of Baldwin Park. The selection of the initial slate of Members shall be made by lottery or a similar method of random drawing. The attached Ordinance contains the specific language on all the provisions applicable to the creation and functions of the SOC. ALTERNATIVES Council may choose to make changes to the Ordinance and continue its first reading to the following City Council meeting. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Ordinance No. 1500 to Establish the Measure BP Stakeholders Oversight Committee (SOC). Page 2/2 A :4 oil l G l ► • 11 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 COMMITTEE WHEREAS, at the November 8, 2022 General Municipal Election, a majority of Baldwin Park voters approved Measure BP, a three-quarters percent (3/4%) local Transactions and Use (Sales) Tax on retail sales occurring in Baldwin Park; and WHEREAS, Measure BP is anticipated to provide Baldwin Park with an additional six (6) million dollars annually in general fund revenues; and WHEREAS, Measure BP funds will be budgeted annually by the City Council for Baldwin Park projects, programs and services; and WHEREAS, the City Council desires to establish the "Measure BP Stakeholders Oversight Committee" ("Committee") consisting of Baldwin Park residents who will advise and recommend to the City Council projects, programs and services to be funded with Measure BP sales tax revenues, and such other duties as prescribed to them by the City Council; and WHEREAS, based upon the recommendations of the Measure BP Advisory Committee, the City Council desires to enact this Ordinance to establish this Committee and to set standards for its membership, organization and operations to best ensure community stakeholder input and representation regarding the allocation and expenditure of sales tax revenue provided by 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. Sections 35.142 through 35.150 are hereby added to Chapter 35 of Title 3 of the Baldwin Park Municipal Code to read as follows: 35.142 - CREATION A "Measure BP Stakeholders Oversight Committee" ("Committee") for the City of Baldwin Park is hereby created. 35.143 — MEMBERSHIP (A) The Committee shall be made up of seven (7) members. 65431.00003\40968 700.5 (B) Members must be over the age of eighteen (18) at the time of appointment. (C) Members must be residents of the City of Baldwin Park at the time of appointment and at all times during service on the Committee, unless specifically provided for in subsection (F). (D) Members must not have been convicted of a felony or misdemeanor financial crime. (E) No current employee, retained consultant of the City, or current elected official of the City, is eligible to serve as a Member. Appointed City officials, such as Commissioners, shall be eligible to serve as Members of the Committee if all other Membership requirements are met. (F) Four Members of the Committee shall be selected from the following categories: (1) One (1) Member shall represent a youth sports or arts organization located within the City of Baldwin Park, including coaches, administrators, or members of the board of the organization. (2) One (1) Member shall be a duly ordained member of the clergy representing a religious institution located within the City of Baldwin Park, including but not limited to a priest, rabbi, pastor or minister of that institution. While the individual Member from this category need not be a resident of the City at all times during Committee service, the religious organization that member represents must be located within the City. (3) One (1) Member representing the Baldwin Park Unified School District. While the individual Member from this category need not be a resident of the City at all times during Committee service, the member must be a current teacher or administrator employed by the District, or any current or former member of the District's governing Board. (4) One (1) Member representing a duly organized non-profit corporation or association that is providing social, charitable, educational or similar services within the City of Baldwin Park. While the individual Member from this category need not be a resident of the City at all times during Committee service, the organization that member represents must be providing services within the City. (G) The remaining three (3) Members shall be residents duly qualified under this Section, but need not have any organizational affiliation as required by subsection (F) for the other four (4) Members. 2 65431.00003\40968 700.5 (H) Two (2) members of the City Council shall serve as liaisons to the Committee, as appointed by the City Council. Liaisons shall have full authority to appear, speak and participate in Committee meetings but shall not have a vote on Committee recommendations. (1) Non -voting elected City officials, including the City Clerk and City Treasurer, may participate in the Committee as observers. Additional observers may be designated by the Chief Executive Officer ("CEO") as deemed necessary. 35.144 - APPOINTMENT AND REMOVAL OF MEMBERS (J) The CEO shall develop a procedure to publicly advertise open positions on the Committee and an application process whereby residents meeting the qualifications set forth in Section 35.143 may request an appointment to serve on the Committee. The application process may include candidates submitting a written questionnaire and a candidate interview process. (K) The Members of the Committee shall be selected by lottery or other method of random drawing. The selection shall be performed publicly at a regularly scheduled City Council meeting. For the selection of each of the four (4) Members affiliated with an organization, all candidates within a specific category shall be placed in a random draw and then one Member from that category shall be selected to serve, the process repeating for each category. Resident Members not affiliated with an organization shall be selected by random draw of all eligible applicants. (L) All Members shall serve at the pleasure of the City Council. The City Council, by motion approved at a public meeting by three (3) affirmative votes, may remove a Member from the Committee. (M) Any vacancies on the Committee, whether due to resignation, removal or other reason, shall be filled within sixty (60) days of the vacancy by a replacement duly appointed by the procedure established in subsections (A) and (B). 35.145 - TERM The terms of Committee Members shall be staggered. Four Members shall initially serve four (4) year terms and three Members shall initially serve two (2) year terms. Once the initial seven Members are selected as outlined in Section 35.144 above, the City shall immediately conduct another random drawing to determine the terms each Member will initially serve. The first four names drawn randomly shall initially serve four (4) years terms and the three Members not selected shall initially serve two (2) year terms. Thereafter, each Member will serve a four (4) year term. Members may serve up to two (2) consecutive full terms, upon request made ninety (90) calendar days before the completion of the Member's first term, and with approval of the City Council. 3 65431.00003\40968700.5 35.146 - ORGANIZATION Members of the Committee shall nominate and a majority of the Committee shall appoint a Chair and a Vice -Chair from among their current Membership. In the event that no Chair or Vice -Chair is appointed by the Committee, the CEO shall appoint either/or a Chair or Vice -Chair. 35.147 - DUTIES AND RESPONSIBILITIES (N) The primary function of the Committee shall be to provide recommendations to the City Council on City projects, programs and services that should be funded, either in whole or in part, by revenue generated by the Measure BP Transactions and Use (Sales) Tax. (0) The City Council shall consider the Committee's recommendations before making a final decision on spending revenue generated by the Measure BP Transactions and Use (Sales) Tax. (P) The Office of the CEO and the City`s Department of Finance shall track revenues generated by Measure BP and present financial reports to both the Committee and the City Council outlining Measure BP revenues received and spent, as well as City projects, programs and services funded by Measure BP revenues. (Q) Members of the Committee must attend a minimum of half of the Committee meetings held in a given year, with the meeting schedule established pursuant to Section 35.148. Members who fail to meet the minimum attendance requirement shall be subject to removal from the Committee. 35.148 - MEETINGS At its first meeting, The Committee shall establish a regular meeting date and time for its business by resolution, provided that it shall meet on at least a regular quarterly basis. All Committee meetings, whether regular or special, shall be conducted publicly and in accordance with the provisions of the Ralph M. Brown Act codified in Cal. Gov't Code §§ 54950 et seq. The Committee shall keep a record of its proceedings, which shall be open for inspection by any member of the public. 35.149 - COMPENSATION No Committee Member shall receive compensation, or a stipend associated with Membership. 4 65431.00003\40968 700.5 35. 150 - ADMINISTRATIVE SUPPORT The Office of the CEO, with the assistance of the City Clerk, shall provide administrative services and support to the Committee as appropriate. Section 3. Effective Date. This ordinance shall take effect thirty (30) days after its adoption by the City Council. Section 4. Severability. 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. 5 65431.00003\40968 700.5 PASSED, APPROVED, AND ADOPTED 1st day of March 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 February 15, 2023. Thereafter, said Ordinance No. 1500 was duly approved and adopted at a regular meeting of the City Council on March 1, 2023 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: l 110 l W I I I TO AM7RI ABSTAIN: COUNCIL MEMBERS: CHRISTOPHER SAENZ CITY CLERK APPROVED AS TO FORM: MARCO A. MARTINEZ CITY ATTORNEY 6 65431.00003\40968700.5