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02.15.23 Staff Report
Agenda February i 2023,01 . 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 T Most City Council meetings take Audio streaming will be available at httos://www.youtube.com/channellUCFLZO dDFRiy59rhiDZ13Fp/featured?view as=subscriber place at City Hall, 14403 E. Pacific hnllbaldwinpark.granicus.comNiewPublisher. h ?view id=1O Ave., Baldwin Park, CA 91706 Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-4011. The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Clerk. There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to eommentsL&baldwinpark.com. OPEN SESSION/STUDY SESSION Presentation — Objective Design Standards presented by the City's Consultant MIG and City Planner Fabiola Zelaya-Melicher RECESS CLOSED SESSION Conference With Real Property Negotiator Pursuant to California Government Code, Section 54956.8. Property Address: 4021 Maine Ave., Baldwin Park, CA 91706 Agency Negotiator: Enrique C. Zaldivar, Chief Executive Officer Negotiating Parties: David Bazulto Under Negotiation: Price and Terms for Acquisition of Right of Entry & Public Easements 2 Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case: Cetina, Huerta, Jimenez, Parra, Real, Case No. 22STCV14121 Valdivia v. City of Baldwin Park Case: ICRMA v. City of Baldwin Park Case No. 21PSCV00526 Public Employee Performance Evaluation Pursuant to California Government Code, Section 54957 Title: Chief of Police 4 Conference With Labor Negotiator - Pursuant to California Government Code, Section 54957.6 City Negotiator: Enrique C. Zaldivar, CEO Unrepresented Employee Title: Chief of Police 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 9t" 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 kroman(&baldwmpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-401.1. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Agenda i February i 2023, P' it ` 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 yx Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channel/UCFLZO dDFRiy59rhiDZ13Fc featuredNiew as=subscriber place at City Hall, 1.4403 E. Pacific hgQ://baldwinpark.granicus.com/ViewPublisher.php?view id=10 Ave., Baldwin Park, CA 91706 Reasonable Accommodations Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-4011. The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Clerk. There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentsLa),baldwinpark.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. INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Presentation — Valley County Water District Drought Update presented by Jose Martinez, General Manager Iaun0[KagUlUlilL4lCan I[elm CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Treasurer's Report City — December 2022 Staff recommends that Council receive and file the Treasurer's Report for December 2022. 3. Claim Rejection Staff recommends that the City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant(s): Carol Pajari The claimant alleges property damage claim.These government claims, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members. 4. Resumption of In -Person Only City Council Meetings for Elected Members of the City Council - Effective March 1, 2023 It is recommended that the City Council Receive and File, in as much as Staff Report is for information only. PUBLIC HEARING 5. FY 2023-24 Annual Action Plan Housing and Community Development Needs and Priorities Public Hearing Staff recommends that the Mayor and City Council: 1. Conduct a public hearing to consider the city's housing and non -housing community development needs for the preparation of the FY 2023- 24 Annual Action Plan. 2. Following the public hearing, receive and file this report, any comments made by the Mayor, City Council, and/or residents during the public hearing, for inclusion in the Fiscal Year 2023-24 Annual Action Plan. REPORTS OF OFFICERS 6. Adoption of Resolution No. 2023-003 for City Council Appointments of Official Representatives and Alternates to Various Agencies/Organizations. It is recommended that the City Council nominate and appoint by a roll -call vote the official designated representatives and alternates and adopt Resolution No. 2023-003, the names of selected delegates will be added to the Resolution in a final format with the certified votes and appropriate signatures. 7. Discussion, Adoption and Approval of Ordinance No. 1.500 to Establish the Measure BP Stakeholders Oversight Committee (SOC) It is recommended that the City Council approve the attached Ordinance No. 1500 to establish the Measure BP Stakeholders Oversight Committee, as a first reading, adding Sections 35.142 through 35.150 to Chapter 35 of Title 3 of the Baldwin :Park .Municipal Code. 8. Discussion of Draft Ordinance Updating the City of Baldwin Park Commercial Cannabis Regulations and Review of Policy Options for the Future of the City's Commercial Cannabis Program It is recommended that the City Council 1. Review and Discuss the following Draft Ordinance: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN :PARK, CALIFORNIA, RENUMBERING CHAPTER 128 OF THE BALDWIN PARK MUNICIPAL CODE, AMENDING CHAPTER 127 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS PRODUCTION, AND CODIFYING MEASURE CB (THE "BALDWIN PARK MARIJUANA RETAIL SALES REGULATION AND TAXATION MEASURE")"; and ... 2. Provide direction to Staff concerning policy options for the future of the City's Commercial Cannabis Program (Cultivation, Distribution & Manufacturing, and Retail). CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION SA 1. Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands :Register. 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 9th 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 kromank aldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) I TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: February 15, 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 $529,423.04 and the attached General Warrants Register was $1,134,591.92 for a total amount of $1,664,014.96. 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 201786 to 201799 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 37779 to 38044 for the period January 8, 2023 through January 21, 2023 inclusive; these are presented and hereby ratified in the amount of $529,423.04. 2. General Warrants, with the bank drafts in the amount of $307,829.22 and checks from 239658 to 239876 in the amount of $826,762.70 for the period of January 24, 2023 to February 6, 2023, inclusive; in the total amount of $1,134,591.92 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Check Register Page 1 / 1 City of Baldwin Park, CA Check Register By (None) Payment Dates 1/24/2023 - 2/6/2023 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 239658 01 /24/2023 ELVA ESTELA AGUILAR TO REPLACED CHECK # 239032 275-60-726-53370-16074 40.00 239659 01/26/2023 BANKCARD CENTER DUI CHECKPOINT & MANAGEMENT CLASS 4 S.HOLGUIN 501-30-000-22410-00000 125.00 239659 01/26/2023 BANKCARD CENTER SUPERVISORY COURSE FOR SGT.J.CASTRO 501-30-000-22410-00000 189.52 239660 01/26/2023 FRANCHISE TAX BOARD PAYROLL DEDUCTION 100-00-000-21225-00000 170.52 239661 01/26/2023 HOME DEPOT PURCHASE OF MATERIALS FOR VARIOUS DEPARTMENTS 100-60-640-53100-16106 77.71 239661 01/26/2023 HOME DEPOT PURCHASE OF MATERIALS FOR VARIOUS DEPARTMENTS 100-60-640-53100-16106 65.38 239661 01/26/2023 HOME DEPOT PURCHASE OF MATERIALS FOR VARIOUS DEPARTMENTS 100-60-640-53100-16106 27.27 239661 01/26/2023 HOME DEPOT PURCHASE OF MATERIALS FOR VARIOUS DEPARTMENTS 275-60-713-53100-16075 82.02 239661 01/26/2023 HOME DEPOT PURCHASE OF MATERIALS FOR VARIOUS DEPARTMENTS 100-60-610-53100-00000 174.76 239661 01/26/2023 HOME DEPOT PURCHASE OF MATERIALS FOR VARIOUS DEPARTMENTS 100-60-640-53100-16106 229.82 239661 01/26/2023 HOME DEPOT PURCHASE OF MATERIALS FOR VARIOUS DEPARTMENTS 100-60-640-53100-16106 203.14 239661 01/26/2023 HOME DEPOT PURCHASE OF MATERIALS FOR VARIOUS DEPARTMENTS 100-60-620-53100-00000 407.25 239661 01/26/2023 HOME DEPOT PURCHASE OF MATERIALS FOR VARIOUS DEPARTMENTS 100-60-620-53100-00000 72.95 239661 01/26/2023 HOME DEPOT PURCHASE OF MATERIALS FOR VARIOUS DEPARTMENTS 100-60-610-53100-00000 25.58 239661 01/26/2023 HOME DEPOT PURCHASE OF MATERIALS FOR VARIOUS DEPARTMENTS 100-60-640-53100-16106 4.40 239662 01/26/2023 NICHOLS LUMBER & HARDWARE PURCHASE SUPPLIES FOR COMMUNITY CTR 100-60-610-53100-00000 19.43 239663 01/26/2023 OCEAN BLUE ENVIRONMENTAL SERVICES, INC PUMP AND WASH CLARIFIER AT CITY YARD 258-50-551-51101-00000 1900.00 239664 01/26/2023 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR POLICE DEPT 100-30-310-53100-00000 102.80 239664 01/26/2023 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR POLICE DEPT 100-30-310-53100-00000 25.82 239664 01/26/2023 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR POLICE DEPT 100-30-310-53100-00000 87.59 239664 01/26/2023 ODP BUSINESS SOLUTIONS, LLC WHITE BOARD FOR MAYOR ESTRADA'S OFFICE 100-10-100-53100-00000 194.90 239664 01/26/2023 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR POLICE DEPT 100-30-310-53100-00000 181.86 239664 01/26/2023 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR POLICE DEPT 100-30-310-53100-00000 153.38 239664 01/26/2023 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR POLICE DEPT 100-30-310-53100-00000 168.81 239664 01/26/2023 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR POLICE DEPT 100-30-310-53100-00000 75.00 239664 01/26/2023 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR POLICE DEPT 100-30-310-53100-00000 224.99 239664 01/26/2023 ODP BUSINESS SOLUTIONS, LLC MATERIALS & SUPPLIES FOR POLICE DEPT 100-30-310-53100-00000 449.98 239665 01/26/2023 OSCAR RENE MIRANDA AS NEEDED PLUMBING SERVICES 240-50-551-51101-15705 15436.40 239666 01/26/2023 PETTY CASH JESUS HERNANDEZ 100-20-210-53100-00000 27.90 239666 01/26/2023 PETTY CASH ANDREW VELEBIL 100-30-310-53100-00000 47.35 239666 01/26/2023 PETTY CASH LILI RUBIO 100-30-310-53100-00000 93.03 239666 01/26/2023 PETTY CASFI ESTHER WASHINGTON 100-40-405-53100-00000 48.75 239666 01/26/2023 PETTY CASH VICTOR VIRAMONTES 100-40-405-53100-00000 33.44 239666 01/26/2023 PETTY CASH VICTOR VIRAMONTES 100-40-405-53100-00000 17.49 239666 01/26/2023 PETTY CASH ESTHER WASHINGTON 100-40-405-53100-00000 30.08 239666 01/26/2023 PETTY CASH VICTOR VIRAMONTES 100-60-640-53100-00000 10.00 239666 01/26/2023 PETTY CASH GABRIEL LLAMAS 240-50-550-53100-15705 30.85 239666 01/26/2023 PETTY CASH ANTHONY VASQUEZ 246-50-540-53100-15705 33.01 239666 01/26/2023 PETTY CASH RALPH PENA 254-50-570-53403-14885 54.72 239666 01/26/2023 PETTY CASH MANNY GOMEZ 402-50-590-53100-00000 29.00 239666 01/26/2023 PETTY CASH NICK GARCIA 402-50-590-53100-00000 32.00 239666 01/26/2023 PETTY CASFI OFFICER SERRANO 501-30-000-21415-17517 50.00 239666 01/26/2023 PETTY CASH NOE CERVANTES 501-30-000-21415-17517 23.95 239666 01/26/2023 PETTY CASH DIANA HUERTA 501-30-000-22410-00000 30.00 239667 01/26/2023 PUBLIC SAFETY CENTER, INC. POLI CE DO NOT CROSS BARRACADE TAPE 100-30-340-53100-00000 420.22 239668 01/26/2023 RIGHT OF WAY INC TRAFFIC CONTROL SERVICES FOR SPECIAL EVENTS 100-50-550-51101-16148 3369.00 239669 01/26/2023 RIO HONDO COMM. COLLEGE COURSE 4 CAMACHO,CERVANTES,MORENO,RODAS & TRINIDAD 501-30-000-22410-00000 125.00 239670 01/26/2023 RKA CONSULTING GROUP CIVIL AND BUILDING PLAN CHECK SERVICES FOR 270-50-520-58100-55022 3290.00 239671 01/26/2023 SAN GABRIEL VALLEY WATER COMPANY WATER COST 252-60-620-53402-00000 1404.99 Page 1 of 10 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 239671 01/26/2023 SAN GABRIEL VALLEY WATER COMPANY WATER COST 251-50-560-53402-00000 2623.55 239672 01/26/2023 SIRCHIE FINGER PRINT LABORATORIES SUPPLIES FOR EVIDENCE 100-30-360-53100-00000 479.48 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR SR CTR LUNAR NEW YEAR EVE 100-60-630-53100-00000 123.82 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR SR CTR LUNAR NEW YEAR EVE 100-60-630-53100-00000 26.44 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 30.05 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR WINTER CAMP 100-60-650-53100-00000 133.35 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR THE JR LIFEGUARD CAMP 501-60-000-22329-00000 120.91 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 15.47 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR SR CTR LUNAR NEW YEAR EVE 100-60-630-53100-00000 141.03 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 156.63 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 139.96 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 20.25 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 9.99 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR SR CTR LUNAR NEW YEAR EVE 100-60-630-53100-00000 38.64 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES PURCHASED FOR CT COUNCIL 100-25-299-53100-11405 178.34 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR SR CTR LUNAR NEW YEAR EVE 100-60-630-53100-00000 128.17 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 54.38 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR THE SR CTR 100-60-630-53100-00000 96.34 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES PURCHASED FOR THE TEEN CTR 100-60-660-53100-00000 145.68 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR WINTER CAMP 100-60-650-53100-00000 91.88 239673 01/26/2023 SMART & FINAL MATERIALS & SUPPLIES FOR THE JR LIFEGUARD CAMP 501-60-000-22329-00000 73.33 239675 01/26/2023 SOUTHERN CALIFORNIA EDISON ELECTRIC SERV FOR TINY HOMES @ 13167 GARVEY AVE 275-60-710-53370-66023 326.80 239675 01/26/2023 SOUTHERN CALIFORNIA EDISON ELECTRIC SERV FOR TINY HOMES 13169 GARVEY AVE 275-60-710-53370-66023 1069.87 239676 01/26/2023 SPARKLETTS WATER & COFFEE SUPPLIES FOR CT FACILITIES 100-60-620-53100-00000 713.50 239676 01/26/2023 SPARKLETTS WATER & COFFEE SUPPLIES FOR CT FACILITIES 252-60-620-53100-00000 713.51 239676 01/26/2023 SPARKLETTS WATER & COFFEE SUPPLIES FOR CITY YARD 100-60-620-53100-00000 899.21 239677 01/26/2023 STANLEY CONVERGENT SECURITY SOLUTIONS,INC SECURITY SOFTWARE MAINTENANCE 100-60-620-53371-00000 547.50 239677 01/26/2023 STANLEY CONVERGENT SECURITY SOLUTIONS,INC SECURITY SOFTWARE MAINTENANCE 100-60-620-53371-00000 1043.29 239677 01/26/2023 STANLEY CONVERGENT SECURITY SOLUTIONS,INC SECURITY SOFTWARE MAINTENANCE FOR FRB 2023 100-60-620-53371-00000 3806.28 239678 01/26/2023 STERICYCLE, INC. COLLECTION OF BIOHAZARD MATERIALS 100-30-360-53100-00000 85.83 239679 01/26/2023 TAIT & Associates Inc ARCHITECHTURAL AND ENGINEERING SERVICES 275-50-765-58100-55016 585.00 239680 01/26/2023 THE GAS COMPANY GAS COST 252-60-620-53400-00000 4439.90 239680 01/26/2023 THE GAS COMPANY GAS SERVICE FOR TINY HOMES 13167 GARVEY AVE 275-60-710-53370-66023 202.62 239681 01/26/2023 THE SHREDDERS CERTIFIED DOCUMENT DESTRUCTION 100-10-150-51100-00000 107.00 239682 01/26/2023 VALLEY COUNTY WATER DIST WATER COST 251-50-560-53402-00000 819.01 239683 01/26/2023 VERIZON WIRELESS DEPT CELL PHONE USAGE 11/22-12/21/2022 100-30-310-53403-00000 1158.62 239684 01/26/2023 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS FOR SEPT 22 240-50-530-51100-00000 2128.00 239684 01/26/2023 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS 240-50-530-51100-00000 995.00 239684 01/26/2023 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS 240-50-530-51100-00000 1795.50 239684 01/26/2023 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS 240-50-530-51100-00000 7473.52 239684 01/26/2023 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS 240-50-530-51100-00000 1094.00 239684 01/26/2023 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS 240-50-530-51100-00000 3225.93 239684 01/26/2023 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS 240-50-530-51100-00000 3353.00 239685 01/26/2023 ACCESS CONTROL SECURITY INC. SECURITY GUARD SERVICES AT ARC & SENIOR CENTER 501-60-000-22328-00000 165.00 239685 01/26/2023 ACCESS CONTROL SECURITY INC. 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VILLAGOMEZ ARPA SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 5.00 239812 02/02/2023 SOUTHERN CALIFORNIA EDISON ELECTRIC SERV FOR TINY HOMES @ 13169 GARVERY AVE 275-60-710-53370-66023 1122.39 239812 02/02/2023 SOUTHERN CALIFORNIA EDISON ELECTRIC SERV FOR TINY HOMES @ 13167 GARVEY AVE 275-60-710-53370-66023 445.26 239813 02/02/2023 TARTAN ASSOCIATES OFFICE CHAIRS FOR POLICE DISPATCH 275-10-765-53390-11108 4083.75 239813 02/02/2023 TARTAN ASSOCIATES OFFICE CHAIRS FOR POLICE DISPATCH 275-10-765-53390-11108 3808.13 239814 02/02/2023 TERESA NUESCA ARPA SR TRIPS & EVENTS REIMBURSEMENT PROGRAM 275-60-726-53370-16074 35.00 239815 02/02/2023 VANESSA AVINA REND ARPA BASIC REIMBURSEMENT PROGRAM 275-60-734-53370-16077 228.00 23981.6 02/02/2023 VANESSA GOMEZ REND ARPA BASIC REIMBURSEMENT PROGRAM 275-60-734-53370-16070 65.00 239817 02/02/2023 WALTER ALAS REND ARPA BASIC REIMBURSEMENT PROGRAM 275-60-734-53370-16077 144.00 239818 02/02/2023 ACRYLATEX COATINGS AND RECYCLING INC PAINT AND SUPPLIES FOR GRAFFITI ABATEMENT 245-50-570-53100-15040 390.29 239819 02/02/2023 ACTION DESIGNZ LLC BEANIES FOR ALL CITY YARD STAFF EMPLOYEES 240-50-551-53100-15705 179.58 239819 02/02/2023 ACTION DESIGNZ LLC BEANIES FOR ALL CITY YARD STAFF EMPLOYEES 240-50-570-53100-15705 179.58 239819 02/02/2023 ACTION DESIGNZ LLC BEANIES FOR ALL CITY YARD STAFF EMPLOYEES 244-50-581-53100-15510 179.58 239819 02/02/2023 ACTION DESIGNZ LLC BEANIES FOR ALL CITY YARD STAFF EMPLOYEES 246-50-552-53100-15005 179.58 239819 02/02/2023 ACTION DESIGNZ LLC BEANIES FOR ALL CITY YARD STAFF EMPLOYEES 251-50-560-53100-00000 179.58 239819 02/02/2023 ACTION DESIGNZ LLC BEANIES FOR ALL CITY YARD STAFF EMPLOYEES 251-50-562-53100-00000 179.58 239819 02/02/2023 ACTION DESIGNZ LLC BEANIES FOR ALL CITY YARD STAFF EMPLOYEES 254-50-550-53100-15705 179.58 239819 02/02/2023 ACTION DESIGNZ LLC BEANIES FOR ALL CITY YARD STAFF EMPLOYEES 254-50-571-53100-15510 179.58 239819 02/02/2023 ACTION DESIGNZ LLC BEANIES FOR ALL CITY YARD STAFF EMPLOYEES 402-50-590-53100-00000 179.58 239820 02/02/2023 ALL CITY MANAGEMENT SERVICES, INC CROSSING GUARD SERVICES FOR 12/11/2022-12/24/2022 100-30-390-51100-13200 12015.24 239821 02/02/2023 ALL STATE POLICE EQUIPMENT UNIFORM SUPPLIES FOR OFFICER ACOSTA-] /20/2023 100-30-340-53100-00000 432.53 239821 02/02/2023 ALL STATE POLICE EQUIPMENT UNIFORM SUPPLIES FOR DETECTIVE IP DATED 1/16/2023 100-30-340-53100-00000 233.17 239822 02/02/2023 AMERICAN PAPER PLASTIC SERVICES TRASH LINERS FOR PARKS MAINTENANCE DIVISION 251-50-571-53100-00000 1377.31 239823 02/02/2023 APN LANDSCAPING INC CLEAN UP AT THE SERENITY HOMES LANDSCAPE 251-50-560-51101-00000 250.00 239824 02/02/2023 AT&T MOBILITY PHONE & WIRELESS SERVICE FOR NOV. 2022 100-30-310-53403-00000 1279.67 239825 02/02/2023 AUTOMATION SOLUTIONS, INC. SERVICES FOR 15 RECEPTACLES ON LIGHT POLES DEC.22 240-50-550-51100-15705 3485.00 239825 02/02/2023 AUTOMATION SOLUTIONS, INC. SERVICES FOR 15 RECEPTACLES ON LIGHT POLES DEC.22 240-50-550-51100-15705 710.00 239826 02/02/2023 AXON ENTERPRISE, INC 2021 TASER 7 BASIC BUNDLE 275-30-704-58110-53004 16435.53 239827 02/02/2023 B&B TIRE SERVICE 11-R-22-5 FOR STOCK 402-50-590-53100-00000 45.00 239828 02/02/2023 BLANCA MAHE REIM PROGRAM FOR APRA SENIOR TRIPS/EVENTS 1/16/23 275-60-726-53370-16074 5.00 239829 02/02/2023 BLUESKY DIVERSIFIED INC. SERVICE FOR POLICE VEHICLES 402-50-591-5337 1 -00000 171.38 239830 02/02/2023 CAL LAND ENGINEERING AND ASSOCIATES, INC. LAND SURVEYING SERVICES FOR ZOCALO PARK DEC. 2022 270-50-520-58100-55022 7500.00 Page 7 of 10 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 239831 02/02/2023 CAR QUEST CREDIT MEMO 402-50-591-53100-00000 -153.56 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 38.40 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 11.55 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 81.13 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 218.03 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 230.67 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 54.03 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 13.07 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 37.08 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR CITY VEHICLES 402-50-590-53100-00000 23.11 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 10.42 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 232.65 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 11.55 239831 02/02/2023 CAR QUEST PARTS AND SUPPLIES FOR POLICE VEHICLES 402-50-591-53100-00000 16.10 239832 02/02/2023 CHARTER COMMUNICATIONS PHONE & WIRELESS SERVCIES FOR NOV. 2022 100-30-310-53403-00000 421.34 239833 02/02/2023 CHICAS GRAPHICS AND DESIGN PRINGTING OF BUSINESS CARDS, TENT CARDS, CLINGS 275-40-722-51101-14065 344.93 239833 02/02/2023 CHICAS GRAPHICS AND DESIGN SUPPLIES INCLUDING BUSINESS CARDS, NO PARKING 245-50-550-53100-15622 109.50 239833 02/02/2023 CHICAS GRAPHICS AND DESIGN SUPPLIES INCLUDING BUSINESS CARDS, NO PARKING 245-50-550-53100-15622 684.38 239834 02/02/2023 CORDOBA CORPORATION PROGRAM EVALUATION &TRANSITION 11/1-11/30/2022 450-40-470-5110 1 -00000 1755.00 239835 02/02/2023 COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE, ANIMAL CONTROL SERVICES FOR DEC. 2022 100-30-390-51100-13250 45514.71 239835 02/02/2023 COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE, ANIMAL CONTROL SERVICES FOR OCT. 2022 100-30-390-51100-13250 58479.07 239836 02/02/2023 ELIZABETH ARZOLA REIM FOR APPA BASIC SUBSIDY FOR WEEK#7-WEEK#10 275-60-734-53370-16077 156.00 239837 02/02/2023 ELVIRA SANCHEZ REIM FOR ARPA BASIC SUBSIDY FOR WEEK#I5-WEEK#17 275-60-734-53370-16077 180.00 239838 02/02/2023 ERICA HERNANDEZ REIMBURSEMENT ARPA BASIC SUBSIDY 11/21-11/23/2022 275-60-734-53370-16077 47.00 239838 02/02/2023 ERICA HERNANDEZ REIM FOR APRA BASIC SUBSIDY FOR WEEK#I-WEEK#3 275-60-734-53370-16077 278.00 239839 02/02/2023 ESMERALDA CENTENO REIM FOR ARPA BASIC SUBSIDY FOR WEEK#I 5-WEEK#1 7 275-60-734-53370-16077 168.00 239840 02/02/2023 ESTHER SOLIS REIM PROGRAM FOR APRA SENIOR TRIPS/EVENTS 11/3/22 275-60-726-53370-16074 40.00 239841 02/02/2023 EVELYN CHAVEZ REIM FOR ARPA BASIC SUBSIDY FOR WEEK#15-WEEK#17 275-60-734-53370-16077 436.00 239842 02/02/2023 E-Z UP FACTORY STORE PURCHASE OF E-Z UP FOR THE PRIDE OF VALLEY 5K RUN 501-60-000-22328-16146 1028.24 239843 02/02/2023 EZEQUIEL CONTRERAS CONTRACT SERVICES FOR 12/19/2022-1 /19/2023 501-60-000-22328-00000 780.00 239844 02/02/2023 FM BODY & CLASSIC RESTORATION, INC VEHICLE REPAIRS FOR DECEMBER 2022 402-50-591-53371-00000 2056.85 239845 02/02/2023 FOOD 4 LESS FOOD FOR FREE SENIOR MEALS PROGRAM FEB.2023 275-60-713-53100-16075 15324.75 239846 02/02/2023 FRANK HARD REIM PROGRAM FOR ARPA SENIOR TRIP & EVENT 11/3/22 275-60-726-53370-16074 35.00 239847 02/02/2023 FRONTIER COMMUNICATIONS PHONE & WIRELESS SERVICE FOR JAN. 2023 100-30-310-53403-00000 129.21 239847 02/02/2023 FRONTIER COMMUNICATIONS LOCAL SERVICE INTERNET FOR 12/23/2022-1/22/2023 275-60-710-53370-66023 204.99 239848 02/02/2023 GLECY CUSTODIA REIM PROGRAM FOR ARPA SENIOR TRIP & EVENT 1/16/23 275-60-726-53370-16074 5.00 239849 02/02/2023 GRAINGER, INC. MATERIAL & SUPPLIES -PIPE & TUBE NOTCHED, INK 402-50-590-53100-00000 335.86 239849 02/02/2023 GRAINGER, INC. MATERIAL & SUPPLIES -PIPE & TUBE NOTCHED, INK 402-50-590-53100-00000 207.32 239850 02/02/2023 INTERSTATE BATTERIES BATTERY FOR PD AND CITY VEHICLES -STOCK 402-50-590-53100-00000 108.96 239850 02/02/2023 INTERSTATE BATTERIES BATTERY FOR PD AND CITY VEHICLES -STOCK 402-50-591-53100-00000 242.39 239850 02/02/2023 INTERSTATE BATTERIES BATTERY FOR PD AND CITY VEHICLES -STOCK 402-50-590-53100-00000 66.72 239850 02/02/2023 INTERSTATE BATTERIES BATTERY FOR PD AND CITY VEHICLES -STOCK 402-50-591-53100-00000 408.02 239851 02/02/2023 IPERMIT REFUND PERMIT FOR 3734 TORREY ST. BLDG-10232-1118 100-40-000-43400-00000 175.20 239852 02/02/2023 IRMA GARCIA REIMT FOR MATERIALS/MATERIALS FOR LUNAR NEW YEAR 100-60-630-53100-00000 80.95 239853 02/02/2023 JACQUELINE MIER-LEDESMA REPLACEMENT FOR CHECK#238453 501-60-000-22333-00000 100.00 239854 02/02/2023 JAVIER NAVARRO REIM PROGRAM FOR APRA SENIOR TRIPS/EVENTS 1/16/23 275-60-726-53370-16074 10.00 239855 02/02/2023 JORGE G. HERNANDEZ REIM FOR ARPA SENIOR TRIPS & EVENTS FOR 1/16/2023 275-60-726-53370-16074 10.00 239856 02/02/2023 JOSEFINA SIORDIA REIM PROGRAM FOR APRA SENIOR TRIPS/EVENTS 1/16/23 275-60-726-53370-16074 5.00 239857 02/02/2023 JUAN RUVALCABA REIM PROGRAM FOR APRA SENIOR TRIPS/EVENTS 11/3/22 275-60-726-53370-16074 5.00 239858 02/02/2023 JUST REWARDS GIFT CARDS FOR EMPLOYEE TRANSPORTATION 231-50-540-53120-00000 111.50 239859 02/02/2023 KAREN SOLANO REIM FOR ARPA BASIC SUBSIDY FOR WEEK#15-WEEK#17 275-60-734-53370-16077 204.00 239860 02/02/2023 KEYSTONE UNIFORMS UNIFORM FOR OFFICER TRINIDAD 100-30-340-53100-00000 88.09 239860 02/02/2023 KEYSTONE UNIFORMS NAME PLATE FOR PST SHELTON 100-30-340-53100-00000 13.23 239860 02/02/2023 KEYSTONE UNIFORMS UNIFORM FOR DETECTIVE IP 100-30-340-53100-00000 73.81 239861 02/02/2023 LACPCA LACPCA APRIL 2023 SPRING CONFERENCE FOR ROBERT L. 100-30-300-53350-00000 300.00 239862 02/02/2023 LEE'S BATTERY AND AUTO PARTS MATERIAL & SUPPLIUES-BATTERIES FOR TRAFFIC SIGNS 245-50-550-53100-15622 858.48 239863 02/02/2023 LEWIS ENGRAVING INC NAME BADGES AND DESK PLATE 100-30-310-53100-00000 69.46 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 239863 02/02/2023 LEWIS ENGRAVING INC NAME BADGES AND DESK PLATE 100-30-310-53100-00000 57.33 239864 02/02/2023 LOLITA C. APOYON REIM PROGRAM FOR ARPA SENIOR TRIP & EVENT 11/3/22 275-60-726-53370-16074 70.00 239865 02/02/2023 LOS ANGELES COUNTY PUBLIC WORKS MAINTENANCE TRAFFIC SIGNALS/HIGHWAY LIGHTS NOV-22 251-50-530-51100-00000 526.81 239865 02/02/2023 LOS ANGELES COUNTY PUBLIC WORKS MAINTENANCE TRAFFIC SIGNALS/HIGHWAY LIGHTS DEC.-22 251-50-530-51100-00000 361.31 239866 02/02/2023 LOURDES MIRANDA REIM PROGRAM FOR APRA SENIOR TRIPS/EVENTS 11/3/22 275-60-726-53370-16074 40.00 239867 02/02/2023 LUCIO MORENO REIM FOR APRA BASIC SUBSIDY FOR WEEK#15-WEEK#17 275-60-734-53370-16077 156.00 239868 02/02/2023 MARIA ANGELES GODOY REIM PROGRAM FOR ARPA SENIOR TRIP & EVENT 1/16/23 275-60-726-53370-16074 15.00 239869 02/02/2023 MARIA DE LOURDES MACIAS REIM PROGRAM FOR APRA SENIOR TRIPS/EVENTS 11/3/22 275-60-726-53370-16074 40.00 239870 02/02/2023 MARK HSU REIMBURSEMENT FOR USAGE OF PERSONAL DISCOVER CARD 100-25-299-53370-17050 210.00 239871 02/02/2023 MELANIE K. MONTEZ REIM FOR APRA BASIC SUBSIDY FOR WEEK#16-WEEK#17 275-60-734-53370-16077 230.00 239872 02/02/2023 MERCEDES BELTRAN REIM PROGRAM FOR ARPA SENIOR TRIP & EVENT 11/3/22 275-60-726-53370-16074 35.00 239873 02/02/2023 MIDWEST MOTOR SUPPLY SUPPLIES FOR FLEET SERVICES - GENERAL 402-50-590-53100-00000 516.20 239873 02/02/2023 MIDWEST MOTOR SUPPLY SUPPLIES FOR FLEET SERVICES - POLICE 402-50-591-53100-00000 516.19 239873 02/02/2023 MIDWEST MOTOR SUPPLY GRAFFITI REMOVAL CHEMICAL 254-50-570-53100-14885 494.86 239874 02/02/2023 MIRNA ESCOBEDO REIMBURSMENT FOR PAZZAS FOR BASIC PROGRAM 100-60-650-53100-00000 73.91 239875 02/02/2023 MONTSERRAT ESPEJEL REIM FOR ARPA BASIC SUBSIDY FOR WEEK# I5-WEEK#17 275-60-734-53370-16077 295.00 239876 02/02/2023 MARLENI VEGA-HERNANDEZ REPLACEMENT FOR CHECK#201426 999-00-000-10010-00000 366.33 DFT0006447 01/26/2023 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 12.00 DFT0006448 01/26/2023 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 48.00 DFT0006449 01/26/2023 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 148.50 DFT0006453 01/26/2023 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 71.28 DFT0006454 01/26/2023 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 261.36 DFT0006459 02/02/2023 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 158.77 DFT0006460 02/02/2023 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 418.95 DFT0006469 02/02/2023 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 185.07 DFT0006470 02/02/2023 PERS-RETIREMENT PERS REDEPOSIT 100-00-000-21206-00000 21.78 DFT0006471 02/02/2023 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 19132.98 DFT0006472 02/02/2023 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 16016.56 DFT0006473 02/02/2023 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 13253.40 DFT0006474 02/02/2023 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 8124.26 DFT0006496 02/02/2023 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 18809.16 DFT0006497 02/02/2023 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 34974.50 DFT0006498 02/02/2023 PERS-RETIREMENT PT PERS MISC CITY PAID 100-00-000-21256-00000 777.79 DFT0006499 02/02/2023 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 23006.85 DFT0006500 02/02/2023 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 14298.66 DFT0006512 01/26/2023 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 48.00 DFT0006513 01/26/2023 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 -40.50 DFT0006515 01/26/2023 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 71.28 DFT0006516 01/26/2023 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 -71.28 DFT0006521 02/02/2023 PERS-RFTIREMENT PERS MISC 350 100-00-000-21206-00000 326.26 DFT0006522 02/02/2023 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 -275.28 DFT0006525 02/02/2023 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 484.49 DFT0006526 02/02/2023 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 -484.49 DFT0006560 01/26/2023 MASSMUTUAL EMPOWER 100-00-000-21213-00000 11380.00 DFT0006561 01/26/2023 MASSMUTUAL EMPOWER RETIREMENT 100-00-000-21213-00000 2057.44 DFT0006562 01/26/2023 MASSMUTUAL EMPOWER 100-00-000-21232-00000 1300.00 DFT0006563 01/26/2023 MASSMUTUAL EMPOWER 100-00-000-21232-00000 127.29 DFT0006564 01/26/2023 AMERICAN FIDELITY ASSURANCE COMPANY FSA - AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 917.46 DFT0006582 01/26/2023 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 3603.66 DFT0006583 01/26/2023 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 617.08 DFT0006584 01/26/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 118.10 DFT0006585 01/26/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 217.83 DFT0006586 01/26/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 30.51 DFT0006587 01/26/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 51.54 DFT0006588 01/26/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 3517.86 DFT0006589 01/26/2023 MASSMUTUAL MASS MUTUAL CITY PAID 100-00-000-21257-00000 2325.00 DFT0006590 01/26/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 916.56 Page 9 of 10 Payment Number Payment Date Vendor Name DFT0006601 01/26/2023 INTERNAL REVENUE SERVICE DFT0006602 01/26/2023 INTERNAL REVENUE SERVICE DFT0006603 01/26/2023 INTERNAL REVENUE SERVICE DFT0006604 01/26/2023 STATE OF CALIFORNIA EMPLOYMENT DFT0006608 01/26/2023 MASSMUTUAL DFT0006616 01/31/2023 INTERNAL REVENUE SERVICE DFT0006617 01/31/2023 INTERNAL REVENUE SERVICE DFT0006618 01/31/2023 STATE OF CALIFORNIA EMPLOYMENT Description (Item) FEDERAL INCOME TAX PAYMENT SOCIAL SECURITY PAYMENT MEDICARE PAYMENT STATE INCOME TAX PAYMENT DEFERRED COMP LOAN REPAYMENT FEDERAL INCOME TAX PAYMENT MEDICARE PAYMENT STATE INCOME TAX PAYMENT Account Number Amount 100-00-000-21203-00000 68566.54 100-00-000-21200-00000 7032.90 100-00-000-2120 1 -00000 20200.50 100-00-000-21202-00000 26655.46 100-00-000-2123 1 -00000 -92.64 100-00-000-21203-00000 5861.28 100-00-000-2120 1 -00000 590.18 100-00-000-21202-00000 2056.32 Grand Total: $ 1,134,591.92 Page 10 of 10 ITEM NO. 2 HUB;OF'0 ';, TO: �, FROM: SAN GABRIEL VAI..�EY� DATE: Co �; �a"p QJAN„P�'���' SUBJECT Honorable Mayor and Members of the City Council Rose Tam, Director of Finance February 15, 2023 Treasurer's Report City — December 2022 Attached is the Treasurer's Report for the month of December 2022. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for December 2022. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Exhibit "A", Treasurer's Report Treasurer's Report be submitted to the Mayor and Page 1 / 1 CITY OF BALOWN PARK TREASURERS REPORT 1213112022 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET 1L_ DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 2.173% Varies Varies $ 40,058,401.48 S 40,058,401.48 $ 40,0511,401.48 $ 40,058,4011AII Housing Authority 2A73% Varies Varies 14,209.07 14,209.07 14,209.07 14,209.07 072,610.55 46,072,61o55 ----40072,610.55 40,072,610.55 Certificate of Deposit Traditions Bancorp Inc. (Cambridge Investment Research) 4.65Y. 111412022 111412024 250,000.00 250,000,00 250,000.00 250,180,00 250,000.00 260'allu0 250,000,00 250,180,00 Federal Farm CR SKS Bond Mutual Securities 4.126% 912612022 1011712023 3,000,00axo 3,000,000.00 3,000,000all 2,982,570.00 3,00%000.00 3,000,00000 ___' 000,00 :00 2,982,570.00 US Bank -Debt Service Trustee Accounts Fiscal Agent Funds (Trust[Debi Service Fund) Varies Varies Varies 6,707,157.07 6,787,157.07 6,781,157:07 6,787,167.07 Fiscal Agent Funds -Successor Agency (Trustll)obtgervioe, Fund Varies Varies Varies 70,243.99 70,243.99 70,243.99 70,243.99 6,857,401.06 6,857,401.06 6,857,401.06 6,857,401.06 Total Investments $ 50,160,011x1 Cash with Bank of the West City Checking (General) 3,852,l36:96 Money Market Plus 12,235,924.36 City Miscellaneous Cash (WIC, PiR) 438,685.31 Successor Agency 110,676.91 Housing Authority 948,193.22 Total Cash with Bank of the West 17,685,616,76 Investment Brokerage (Gash & Gash Equivalents) 9,045_16 Total Cash and Investments S, 67,774,673e5 In accordance with AS X126,the Community Development Commission Is dissolved effective January 31, 2012. The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park". There was no Investment purchase transaction made for the month of December 2022 and no deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq, i hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all Investments are in Compliance to the City's Statement of Investment Policy. Approved by: Director of Finance ITEM NO. 3 F-'v 1• TO: Honorable Mayor and Members of the City Council �r HUB,0F THEE' FROM: Enrique C. Zaldivar, Chief Executive Officer sary GABRIEL DATE: February 15, 2023 o . �AORq DJANUPry�, SUBJECT: Claim Rejection This report seeks City Council consideration and direction to reject the Claim for Damages to person or property received for filing against the City of Baldwin Park. RECOMMENDATION Staff recommends that the City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant(s): Carol Pajari The claimant alleges property damage claim. These government claims, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members. FISCAL IMPACT Fiscal impact is unknown at this time. BACKGROUND In order for the statute of limitations to begin on the claim received, it is necessary for the City Council to reject the claim by order of motion and that the claimant is sent written notification of said action. ALTERNATIVES There are no other alternatives for the Council to consider since rejection of the claim is necessary for the Statute of Limitations to begin on the claim received. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS None Page 1 / 1 ITEM NO. 4 STAFF REPORT ALD��ti TO: Honorable Mayor and Members of the City Council 'F HUBOF THEE' FROM: Enrique C. Zaldivar, City Manager sary GABRIEL DATE: February 15, 2023 �C-1 L�EY�,,,'may' 7)�QJAN„P�`���' SUBJECT: Resumption of In -Person Only City Council Meetings for Elected Members of the City Council - Effective March 1, 2023 SUMMARY Governor Newsom's State of Emergency Declaration due to COVID will end as of February 28, 2023. With the State of Emergency being lifted, the option for remote participation in council meetings by the elected members of the city council will also end. Beginning with first regular City Council meeting on March 1, 2023, participation by members of the city council must be in person. RECOMMENDATION It is recommended that the City Council Receive and File, in as much as Staff Report is for information only. FISCAL IMPACT Not Applicable. BACKGROUND On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. AB361 extended the option of remote participation and other waivers for as long as the Governor's State of Emergency Declaration was in effect. More recently, AB2449 allows remote participation by members of the governing body under very narrow medical circumstances, which will be considered on a case by case basis. DISCUSSION At its meeting of January 18, 2023, the City Council adopted Resolution No. 2023-002, at the last extension thru the end of February 2023 of the applicability of the special provisions allowed under AB361. The Staff Report alerted the City Council that the option for remote participation by members of the governing body would end then. The staff report (attached) provides further details on the special provisions on the applicability of AB 2449. Effective March 1, 2023, the City Council meeting will be conducted with the following features: Members of the City Council will participate in person, at the dais. Public Comment by members of the public will be made either in person, or by calling in remotely by phone. Presentations by Staff will be made in person primarily, remotely by Zoom when appropriate. Presentations by consultants, contractors, organizations, agencies, and others, who are part of the Page 1 / 2 council agenda, will be made either in person or by Zoom. ALTERNATIVES Not Applicable. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Staff Report Page 2/2 ITEM NO. 4 STAFF REPORT ALD��ti TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, City Manager sary GABR1EyL DATE: January 18, 2023 co LLEY�,,, 1 Q;AN„P�'���' SUBJECT: Adoption of Resolution No. 2023-002 to Continue Conducting City Council/Commission/Board Meetings Remotely in Accordance with the Brown Act Executive Order and AB 361 Governor Gavin Newson signed Executive Order N-15-21 clarifying that cities may continue to meet remotely in accordance with procedures established by prior Executive Orders. On September 16th Governor Newsom signed AB361 which allows cities to continue to meet remotely during proclaimed states of emergency under modified Brown Act requirements that are similar but not identical to the rules and procedures established by the previous Executive Brown Act Orders. It should be noted that the Governor's office has announced that the COVID State of Emergency will end on February 28, 2023. Absent a change in the Governor's plans, at that point, COVID-19 will no longer be a valid basis to hold emergency teleconference meetings pursuant to AB 361. This will be the last extension for Elected Members being able to participate remotely per the Executive Order and AB 361. Beyond February 2023, remote participation will only be allowed by AB 2449 under very specific medical and emergency circumstances. Staff will continue in -person meetings with a virtual hybrid component under this new order. RECOMMENDATION Staff recommends that the City Council adopt Resolution No. 2023-002 to continue conducting City Council/Commission/Board Meetings remotely in accordance with the Brown Act executive orders and AB 361 (covering meetings for the month of February 2023 and retroactively the time period from December 17, 2022 through January 18, 2023). FISCAL IMPACT Not Applicable BACKGROUND On June 11, 2021, Governor Newsom issued Executive Order N-08-21, which among other things rescinded his prior Executive Order N-29-20 and set a date of October 1, 2021, for public agencies to transition back to public meetings held in full compliance with the Brown Act. As various variants have surged in California, the legislature has taken action to extend the COVID-19 exceptions to the Brown Acts' teleconference requirements, subject to some additional safeguards. AB 361 allows a local agency to use teleconferencing without complying with the Brown Act provisions in any of the following circumstances: Page 1 / 3 The legislative body holds a meeting during a proclaimed state of emergency, and state or local officials have imposed or recommended measures to promote social distancing. The legislative body holds a meeting during a proclaimed state of emergency for the purpose of determining, by majority vote, whether as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. The legislative body holds a meeting during a proclaimed state of emergency and has determined, by majority vote that, as a result of the emergency, meeting in person would present imminent risks to the health or safety of attendees. A local agency that holds a meeting under these circumstances would be required by AB 361 to do all of the following, in addition to giving notice of the meeting and posting agendas as required under the Brown act. These additional requirements are intended to protect the public's right to participate in the meetings of local agency legislative bodies. Pursuant to AB 361 local agencies are required to do all of the following in addition to meeting notice requirements under the Brown Act: • Allow the public to access the meeting and require that the agenda provide an opportunity for the public to directly address the legislative body pursuant to the Brown Act's other teleconferencing provisions. • In each instance when the local agency provides notice of the teleconferenced meeting or posts its agenda, give notice for how the public can access the meeting and provide public comment. • Identify and include in the agenda an opportunity for all persons to attend via a call -in or an internet-based service option; the legislative body need not provide a physical location for the public to attend or provide comments. • Conduct teleconference meetings in a manner that protects the statutory and constitutional rights of the public. • Stop the meeting until public access is restored in the event of a service disruption that either prevents the local agency from broadcasting the meeting to the public using the call -in or internet-based service option or is within the local agency's control and prevents the public from submitting public comments (any actions taken during such a service disruption can be challenged under the Brown Act's existing challenge provisions). • Not require comments be submitted in advance (though the legislative body may provide that as an option) and provide the opportunity to comment in real time. • Provide adequate time for public comment, either by establishing a timed public comment period or by allowing a reasonable amount of time to comment. • If the legislative body uses a third -party website or platform to host the teleconference, and the third -party service requires users to register to participate, the legislative body must provide adequate time during the comment period for users to register and may not close the registration comment period until the comment period has elapsed. AB 361 also provides that, if the state of emergency remains active for more than 30 days, a local agency must make the following findings by majority vote every 30 days to continue using the bill's exemption to the Brown Act teleconferencing rules: • The legislative body has reconsidered the circumstances of the emergency; and • Either of the following circumstances exist: The state of emergency continues to directly impact the ability of members to meet safely in person, or State or local officials continue to impose or recommend social distancing measures. Page 2/3 The goal of AB 361 is "to improve and enhance public access to local agency meetings during the COVID-19 pandemic and future applicable emergencies, by allowing broader access through teleconferencing options" consistent with Executive Order N-29-20. The bill contains an urgency clause which became effective upon signing with a sunset of January 1, 2024. ALTERNATIVES Not Applicable LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2023-002 2. AB 361 Page 3/3 ITEM NO. 5 STAFF REPORT ALD��ti TO: Honorable Mayor and Members of the City Council 'F HUBOF THEE' FROM: Ron Garcia, Director of Community Development sary GABRIEL DATE: February 15, 2023 �c0" 7)�QJAN„P�`���' SUBJECT: FY 2023-24 Annual Action Plan Housing and Community Development Needs and Priorities Public Hearing SUMMARY For the City Council to hold the first of two required public hearings to receive public input regarding the FY 2023-24 Annual Action Plan. RECOMMENDATION Staff recommends that the Mayor and City Council: 1. Conduct a public hearing to consider the city's housing and non -housing community development needs for the preparation of the FY 2023-24 Annual Action Plan. 2. Following the public hearing, receive and file this report, any comments made by the Mayor, City Council, and/or residents during the public hearing, for inclusion in the Fiscal Year 2023- 24 Annual Action Plan. FISCAL IMPACT There is no fiscal impact to the General Fund as the City Council is only being requested to open the public hearing to receive comments from the community and other interested parties or persons on housing and community development needs for Fiscal Year 2023-24. BACKGROUND Each year, the City prepares an Annual Action Plan (Plan), which describes how the City will spend its federal Community Development Block Grant (CDBG) and HOME Investment Partnerships Act (HOME) funds that it expects to receive from the U.S. Department of Housing and Urban Development (HUD). Part of the Plan is an assessment of housing and community development needs. These needs were first identified in the City's Five -Year Consolidated Plan (2020-24), which is a strategic framework for the City's housing and community development goals over a five-year period. The Consolidated Plan sets the vision for allocating federal resources to housing, homelessness, community development, and special needs in the community. In establishing five-year priorities for assistance with CDBG and HOME funds, the City of Baldwin Park took several factors into consideration: 1) those households most in need of housing and community development assistance, as determined through the Consolidated Plan needs assessment, consultation, and public participation process; 2) which activities would best meet the needs of those identified households; and 3) the extent of other non- federal resources and programs available to address those needs. In accordance with federal regulations, tonight's public hearing serves to solicit further public comment on the use of CDBG and HOME funds and is the first of two public hearings slated during the 2023-24 Annual Action Plan process. Residents are encouraged tonight to offer their views on Baldwin Park's Page 1 / 4 housing and community development needs. Specifically, the public hearing serves to obtain the opinions of residents in connection with housing and homeless housing needs, as well as public services, public facilities, infrastructure and economic development needs. The Mayor and City Council are also asked to make their comments on these needs. It is important to remember that during preparation of the 2020-24 Consolidated Plan, staff conducted a series of workshops and community surveys between December 2018 and September 2019, to identify the community's priorities for the investment of CDBG and HOME programs. The results of the City's 2020-2024 Consolidated Plan Needs Assessment Survey, housing and community development data elements from the 2011-2015 American Community Survey (ACS) five-year estimates, the Comprehensive Housing Affordability Strategy (CHAS) covering the same time period, ESRI Economic Data, and the 2019 Point -in -Time Count were taken into consideration in the preparation of the 2020- 2024 Consolidated Plan. HUD requires cities to hold a public hearing to ascertain whether the public feels the needs or priorities of how CDBG and HOME money are being spent, needs to be changed. This public hearing achieves that goal. Community Development and Housing Priorities, Goals, and Implementing Programs Established in 2020-2024 Consolidated Plan The City's 2020-2024 Consolidated Plan identified the following community development and housing priorities, goals, and implementing programs which serve as the basis for future project development and funding: Priority 1. Expand the supply of affordable housing ➢ Goal: Affordable Housing Development • Implementing Programs: ✓ Acquisition/Rehabilitation/New Construction of Affordable Housing Priority 2. Preserve the supply of affordable housing ➢ Goal: Housing Preservation • Implementing Programs: ✓ Home Improvement Grant Program ✓ Home Improvement Loan Program Priority 3. Ensure equal access to housing opportunities ➢ Goal: Fair Housing Services • Implementing Programs: ✓ Fair Housing Services Program Priority 4. Provide neighborhood services, community facilities and infrastructure improvements ➢ Goal: Neighborhood Services • Implementing Programs: ✓ Code Enforcement ✓ Public Facility Improvements ✓ Infrastructure Improvements Priority 5. Provide public services for low-income residents ➢ Goal: Public Services for Low- and Moderate -Income Residents • Implementing Programs: ✓ Church of the Redeemer Food Bank ✓ Family Service Center Page 2 / 4 ✓ Baldwin Park Police Department Pride Platoon ✓ Recreation/Sports Scholarship Program ✓ St. John's Church Social Services ✓ Youth Employment Program ✓ Graffiti Removal Priority 6: Provide public services for residents with special needs ➢ Goal: Special Needs Services • Implementing Programs: ✓ Domestic Violence Advocate ✓ YWCA of San Gabriel Valley Priority 7: Prevent and eliminate homelessness ➢ Goal: Homeless Prevention • Implementing Programs: ✓ East San Gabriel Valley Coalition for the Homeless Priority 8: Section 108 Loan Repayment ➢ Goal: Community Facilities, Infrastructure, and Section 108 Debt Service • Implementing Programs: ✓ Section 108 Loan Repayment Priority 9: Special Needs Non -Homeless Facilities and Infrastructure Improvements ➢ Goal: Special Needs Non -Homeless Public Facilities • Implementing Programs: ✓ TBD Non -Homeless Special Needs Public Facility Improvement Projects Community Development Block Grant (CDBG) Funding The CDBG program provides annual grants on a formula basis to local governments to implement a wide variety of community development and housing activities set forth under 24 CFR Part 570. The overriding purpose of the CDBG program is to support "bricks and mortar" activities e.g., acquisition, rehabilitation and preservation, and public improvements and facilities. For fiscal year 2023-24, the City of Baldwin Park estimates that it will have just over $1.4 million in federal CDBG funds, including unallocated prior year funds carried forward. HOME Investment Partnership Act (HOME) Funding The HOME Program is the largest Federal block grant to State and local governments designed exclusively to create affordable housing for low-income households. HOME funds are provided as formula grants to be used for home purchase, repairing rental or ownership properties, site acquisition, demolition of dilapidated housing to make way for HOME -assisted development, and payment of relocation expenses. In FY 2023-24, the City of Baldwin Park estimates that it will have $2 million in federal HOME funds, including unallocated prior year funds carried forward. FY 2023-24 Annual Action Plan Schedule The distribution of CDBG and HOME funds to city departments and non-profit organizations, occurs each year starting in February as a three -step process, shown below. Step 1: Needs and Priorities Public Hearing (February 15, 2023) Step 2: 30-Day Public Review Period of the Draft FY 2023-24 Annual Action Plan (April 5, 2023 — May 3, 2023) Step 3: Close 30-Day Public Review Period, Council adoption of Annual Action Plan and all CDBG Funding Requests (May 3, 2023) Page 3 / 4 ALTERNATIVES No alternatives are required. This public hearing is conducted solely to collect comments from Baldwin Park residents and the City Council on housing and community development needs for the development of the FY 2023-24 Annual Action Plan. LEGAL REVIEW No Legal Review is necessary at this time. ATTACHMENTS None Page 4 / 4 ITEM NO. 6 TO: Honorable Mayor and Members of the City Council TEE.` FROM: Enrique C. Zaldivar, City Manager 'SAN �AgR'e�.�o Marco A. Martinez, City Attorney � VA �..�EY � �; ,,a JAWS Rosa Caballero, Executive Secretary DATE: February 15, 2023 SUBJECT: Adoption of Resolution No. 2023-003 for City Council Appointments of Official Representatives and Alternates to Various Agencies/Organizations. SUMMARY City Council official representation in several agencies and organizations where the City is a Member by action of the City Council where representatives and alternates are appointed by the City Council by Resolution. The 2023-2025 resolution is herein presented for approval. RECOMMENDATION It is recommended that the City Council nominate and appoint by a roll -call vote the official designated representatives and alternates and adopt Resolution No. 2023-003, the names of selected delegates will be added to the Resolution in a final format with the certified votes and appropriate signatures. FISCAL IMPACT None. BACKGROUND Maintaining an active and participatory engagement in regional government affairs is paramount to the furtherance of the business interest of the City. Sharing and learning of best practices in city government is part and parcel of the participation in the many organizations that the City is a member in good standing. The City is a member of regional government districts like the LA County Sanitation Districts and the San Gabriel Valley Mosquito and Vector Control District where our membership is obligatory. DISCUSSION One new organization is added to the list of organizations: the Community Collaborative Committee, a joint committee made up of the City of Baldwin Park and the Baldwin Park Unified School District (BPUSD). In previous years, this group had been unofficially referred to as the 2 plus 2 Committee. It had been mostly dormant for the last three years, it is the intent of both entities to fully reactivate it with so many areas of collaboration and mutual interests at hand, under the official name of the Community Collaborative Committee (CCC). While the City had participated in it in the past, the official designation of the City Council delegates had not been included in the resolution, until now. Page 1 / 2 The draft Resolution attached herein includes suggested nominees for some of the organizations intended only as a suggestion by the Chief Executive Officer for City Council consideration. The Final Resolution will be brought forth in a future City Council meeting for a Receive and File action. ALTERNATIVES None. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Draft Resolution No. 2023-003 Official Representatives and Alternates for 2023-2025. Page 2/2 RESOLUTION NO. 2023-003 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY WHEREAS, it is the Council's desire to review and/or amend the existing appointments; and WHEREAS, Resolution No. 2020-065 adopted December 16, 2020 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association — Quarterly luncheon held in various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Council Member Paul C. Hernandez Alternate: Ma or Emmanuel J. Estrada Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4th Wednesday at 1:30 p.m.; Joint Administration Office (MEMBERS RECEIVE A STIPEND — $125 per meeting) Existing Appointees New Appointees Representative: Mayor Emmanuel J. Estrada Alternate: Council Member Monica Garcia *Appointment of Mayor required by Sanitation District Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities — Los Angeles County Division — 1st Thursday at 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Council Member Alejandra Avila Alternate: Council Member Daniel Damian Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership Meeting — 3rd Thursday at 8:30 a.m.; Area D Office (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Chief of Police Chief of Police Alternate: Ma or Emmanuel J. Estrada Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2nd Tuesday at 7:00 p.m.; rotating Council Chambers (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Council Member Paul C. Hernandez Alternate: Council Member Ale'andra Avila Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority — As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND — $150 per meeting) Existing Appointees New Appointees Representative: Council Member Daniel Damian Alternate: Chief of Police Chief of Police Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee — As Needed Basis in various times/locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Mayor Emmanuel J. Estrada Alternate: Council Member Monica Garcia *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments — Annual Conference in the month of May (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Council Member Monica Garcia Alternate: Council Member Paul C. Hernandez Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone — Last Friday of the Month at 7:45 a.m.; Foothill Transit Administrative Offices (MEMBERS RECEIVE A STIPEND — $161 per meeting) Existing Appointees New Appointees Representative: Council Member Daniel Damian Alternate: Mayor Emmanuel J. Estrada Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the California Contract Cities Association (CCCA) — 3rd Wednesday at 6:00 p.m. in various locations (MEMBERS RECEIVE A STIPEND — No) Existing Appointees New Appointees Representative: Council Member Monica Garcia Alternate: Ma or Emmanuel J. Estrada Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Governing Board of the San Gabriel Valley Mosquito and Vector Control District-2nd Friday at 10:00 a.m. in the District Office (MEMBERS RECEIVE A STIPEND — $100 per meeting) Existing Appointees New Appointees Representative: Mayor Emmanuel J. Estrada Alternate: *Not required Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3rd Thursdays at 4:00 p.m. at the Foothill Transit Office (MEMBERS RECEIVE A STIPEND — $75 per meeting) Existing Appointees New Appointees Representative: Mayor Emmanuel J. Estrada Alternate: Council Member Danny Damian Section 14. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Community Collaborative Committee — City of Baldwin Park and the Baldwin Park Unified School District — Meets on As Needed Basis (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Reactivate Committee Councilmember Daniel Damian Alternate: Reactivate Committee Mayor Emmanuel J. Estrada Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. PASSED, APPROVED, AND ADOPTED this 15th day of February, 2023. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK _f 1, Christopher Saenz, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2023-003 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on February 15, 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 APPROVED AS TO FORM: MARCO A. MARTINEZ CITY ATTORNEY 1 qi8 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer 'SAN GAgR'e�.Marco A. Martinez, City Attorney o . JAN„P�'���' DATE: February 15, 2023 SUBJECT: Discussion, Adoption and Approval of 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 approve the attached Ordinance No. 1500 to establish the Measure BP Stakeholders Oversight Committee, as a first 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 ___ day of 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 , 2023. Thereafter, said Ordinance No. 1500 was duly approved and adopted at a regular meeting of the City Council on , 2023 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: l jjffj7,W[qffAfWffA,.TW:7Rj ABSTAIN: COUNCIL MEMBERS: CHRISTOPHER SAENZ CITY CLERK APPROVED AS TO FORM: MARCO A. MARTINEZ CITY ATTORNEY 6 65431.00003\40968700.5 ITEM NO. 8 STAFF REPORT ALD��ti TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, City Manager sary GABR1EyL DATE: February 15, 2023 co LLEY�,,, 1 Q;AN„P�`���' SUBJECT: Discussion of Draft Ordinance Updating The City Of Baldwin Park Commercial Cannabis Regulations And Review Of Policy Options For The Future Of The City's Commercial CANNABIS Program SUMMARY The purpose of this staff report is to introduce a Draft Ordinance that will update the City's existing commercial cannabis regulations and to receive direction from the Council concerning policy options for the future of the City's commercial cannabis program. RECOMMENDATION It is recommended that the City Council 1. Review and Discuss the following Draft Ordinance: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, RENUMBERING CHAPTER 128 OF THE BALDWIN PARK MUNICIPAL CODE, AMENDING CHAPTER 127 OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO COMMERCIAL CANNABIS PRODUCTION, AND CODIFYING MEASURE CB (THE "BALDWIN PARK MARIJUANA RETAIL SALES REGULATION AND TAXATION MEASURE")"; and ... 2. Provide direction to Staff concerning policy options for the future of the City's Commercial Cannabis Program (Cultivation, Distribution & Manufacturing, and Retail). FISCAL IMPACT There are no fiscal impacts related to the adoption of the Draft Ordinance since it merely re -orders and updates certain portions of the City's existing commercial cannabis regulations. Fiscal impacts related to the policy options for the future of the City's commercial cannabis program will depend on which option is selected, if any. BACKGROUND The City's Commercial Cannabis Program was initiated in August of 2017 with the adoption of two ordinances. These are summarized below: 1. Ordinance No. 1400 to add Chapter 127 to the Baldwin Park Municipal Code establishing medical and adult use cannabis business regulations; and 2. Ordinance No. 1401 to amend the City's zoning regulations to allow medical and adult use cannabis cultivation, distribution and manufacturing uses. On November 3, 2021, the City Council adopted Ordinance Nos. 1460 and 1461 to amend various provisions of the City's commercial cannabis regulations. Importantly, these ordinances established that cannabis business must obtain a development agreement issued pursuant to California Government Code, Section 65864 et. seq., and limited the total number of cannabis permits issued in the City. Baldwin Park Municipal Code, Section 153.170.120(D) currently provides: Page 1 / 4 "(D) Maximum number of commercial cannabis permits. No more than 25 permits, each with 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, dispensaries only, shall be allowed a maximum of 40,000 square feet." In November of 2022, Baldwin Park voters approved Measure CB - a ballot initiative that amended the Baldwin Park Municipal Code to authorize the sale and delivery of medical cannabis and cannabis products to persons 18 years and older and adult -use cannabis and cannabis products to persons 21 years or older if a person obtains a retail cannabis business permit and meets certain conditions. Measure CB also imposed a general tax on cannabis retailers. The tax for retailers of medical cannabis or medical cannabis products is set at not to exceed 0.5% of gross receipts from the retail sale of medical cannabis or medical cannabis products. Initially, the "current retailer," RD X Catalyst CB, LLC, has proposed a tax of 0.4% of gross receipts from retail sale of adult -use cannabis or adult -use cannabis products. However; Measure CB allows the City Council to increase the tax rates up to 0.5% without voter approval. The taxes are due and payable on a quarterly basis. Measure CB Implementation Staff has been meeting with the Measure CB proponents to understand and implement its directives. To date, Staff has: 1. Drafted the required applications for retail commercial cannabis permits; 2. Toured retail cannabis facilities in other cities to observe point of sale operations, location, traffic conditions and other matters to ascertain viable public safety measures. 3. Conducted an assessment of the City's existing regulations related to Cultivation, Distribution & Manufacturing Permit program and its relationship to the newly adopted provisions in Measure CB. 4. Met with the proponents of Measure CB to discuss its implementation and sought input from the proponents concerning certain non -substantive amendments to the measure as set forth in the attached Draft Ordinance. 5. Drafted and negotiated a Commercial Cannabis Agreement, consistent with Measure CB. Of course, the Council may not alter or amend the Measure CB provisions in way that contradict or undermine its purpose. Therefore, no substantive changes have been proposed to any provision of Measure CB. However, the Draft Ordinance does propose several updates to the City's existing Cultivation, Distribution & Manufacturing provisions. Update of the City's Existing Cannabis Regulations 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. The Draft Ordinance proposes the following: 1. Amendments to Chapter 128 so that the regulations on 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: Page 2 / 4 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 exiting provisions related to the number of permits that may be issued, so that the future number of permits is 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 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, dispensaries Distribution only, shall be allowed a maximum of 40,000 square feet." Pending Commercial Cannabis Applications As noted above, the City's may issue up to 25 commercial cannabis permits. To date, the City has issued 18 permits for 20 locations. These operators are in various stages of compliance and staff continues to pursue these compliance issues with each operator. There are three (3) pending applications that are under review (One additional applicant is requesting an ownership change only). These include: 1. BMBP Enterprises 2. BP Exotics 3. Takhtams Village of Indians These applicants are in various stages of review. Only one has completed the background check requirements. Staff recommends that these pending applications be allowed to complete their review process and that no further applications be accepted for processing until a "review," as set forth below, is conducted for future permits. Review of Current Policies and Procedures Regulating Commercial Cannabis in the City Page 3 / 4 Staff is in need of a "pause" to review and assess the current policies and procedures for the issuance of new or additional cultivation, distribution and manufacturing permits. Such a review and assessment would entail the following: 1. Allow Staff to reconcile the permit procedures for retail sale of cannabis products with those of cultivation, distribution and manufacturing, with the goal of achieving a single, consistent approach for all types of cannabis businesses in the City. It is hoped such an effort would streamline the permit procedures for all types of commercial cannabis permits in the City. 2. Allow the City to improve its revenue collection policies and procedures before any new permits are issued. 3. Allow Staff to focus its efforts on the impending deadlines for action contained in Measure CB for retail cannabis permits. 4. Conduct an assessment of the appropriate number of permits, given that there are already 18 existing permits issued and 3 pending permits. 6. Establish policies and procedures to evaluate the operations of illegal commercial cannabis operators, including a review of fines and penalties for enforcement; 7. Allow time to prepare and circulate a Request for Proposals (RFP) for consultants to assist Staff in the administration of commercial cannabis operations (retail, cultivation, manufacturing and distribution). 8. If directed by the Council, consider a Social equity component. Measure BP imposed a social equity permitting system on retail permitting. The Council may consider imposing similar requirements on cultivation, manufacturing and distribution permits. Next Steps Once Council reviews the information in this report and provides comments/direction, staff will bring back the following at the March 1, 2023 Council meeting: 1. A Final Version of the Ordinance for First Reading and Adoption; 2. A Resolution Establishing Processing Fees for Cannabis Permit Applications; 3. A Resolution Setting the Number of Cultivation, Distribution & Manufacturing — should the Council direct that fewer than 25 permits be granted LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Draft Ordinance Page 4 / 4 ORDINANCE NO. [] 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 (THE "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 ■MA' i 11 _R ►13T I i 0 1 1111111 1 11 il•►/1/ i\\� 'i•� •\ 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(bf) of the Cal. Business and Professions Code. APPLICANT. Has the same meaning as that term is defined by § 26001(ds) 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(kl) 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 sales ). "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 (nn4) 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 (if) 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. MEDICAL CANNA131S BUSINESS. person engaged -i n-EeF1qFa erc-i a l-Ear as bps air 2 MEDICINAL AND ADULT -USE CANNABIS REGULATION AND SAFETY ACT or MAUCRSA. Means Division 10 of the Cal. Business and Professions Code. MEDICINAL CANNABIS. Has the same meaning as that term is defined by § 26001(aka+) of the Cal. Business and Professions Code. MEDICAL CANNABIS BUSINESS Any person engaged in nnmmornial nannabis aGt+Vity. 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(aoal) 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. A CANNA131S PERMIT that authorizes an entity tO GORdUGt GOMMe nannabis aGtmywty under this nhan+or 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(a�ga-n) 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 meanina as defined in Chapter 128 of the Municipal Code. SOCIAL EQUITY APPLICANT 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(az) 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 7 Department of Food and Agriculture, or any other state agency responsible for the issuance, renewal, or reinstatement of a state license issued pursuant to Division 10 of the 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) i6Z671�i11� 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. .. _ _ r • • .. • . • • . • . . ♦ . 1 ( • . between the requirements ef anetheF Ghapter in the Gede and this Ghapter, the requirements of this Chapter 127 shall preva.417 (B) SWGt GompkanGe. All persons who are engaged iR er whe are attempting to engage in GOFnrnerGmal Gannabis aGtiVity in any form shall do so only in ctrint GernplianGe with the terms, Gonditions, and reStr*GtiE)RS of the MAUGRSA, th of this Chapter 127, and all other appliGable state and Gity laws. (G) Chief ExeGutive OffiGer autheilzed. The Chief Executive Officer -is autherized to establish PE)I*G*es and PrGGedureS Gensistent with the iRtent and spirit 0 this Ghapter GenGerning the appliGatiens, the app"Gatien PrOGess, the inferma required of appliGaRt-S, the appliGatiGR PrOGedures and the administration mooedgyresto be used and followed On the appliGation and PrE)Ges LA) 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 permit) approval, � P j go site plan, certificate of occupancV, 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. LB) Strict Compliance. All Persons who are engaged in or who are attempting to engage in Commercial Cannabis Production A ctivitV 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. Q Chief Executive Officer Authorized. The Chief Executive Officer is authorized to establish policies and procedures consistent with the intent and spirit o 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) 4127.06 DEVELOPMENT AGREEMENT REQUIRED. Prior to operating in the city and as a condition of issuance of a permit, the applicant for a commercial cannabis production business shall enter into a development agreement with the city setting forth the terms and conditions under which the facility will operate that is in addition to the requirements of this chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed upon, approval of architectural plans (including site plan, floor plan, and elevation, to conform with manufacturing uses under the BPMC), and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the city. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.07 PERMITTED ZONES; DISTANCE AND OTHER CONDITIONS FOR APPROVAL. only,No more than 25 permits, eaGh with a maximum of 22,000 square feet of permitted GE)MmeFGial Gannabis aGtiVity may be allowed, maintained, or operated On the Gity at any time. if there is a GE)nf!'Gt between the requirements of this Ghapter and any et Ghapter, the requirements of thiS Ghapter shall prevail. EXGept that, for distribution the maximum square feet shall be *RGFeased from 22,000 feet to 40,000 square feet. 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 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, dispen aFies 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. (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. T (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 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. 11 (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 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 12 Electric Code, city and California building codes, fire codes, electrical codes, and all other applicable laws. (7) Cultivation sites are under a Group F-1 (Factory Industrial Moderate -Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled under the Fire Code. For cultivation sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: (a) A Group F-1 fire area exceeds 12,000 square feet. (b) A Group F-1 fire area is located more than three stories above grade plane. (c) The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet. (8) In addition to a manufacturing or cultivation permit, a cannabis business applicant may apply for another use as permitted by MAUCRSA, a development agreement approved by City Council, this chapter, and any rules adopted pursuant thereto. (9) Suitability of the proposed property. All licensed facilities shall have air scrubbers or a filtration system capable of eliminating odors from escaping the building. (C) Distribution sites (1) A distribution licensee shall carry or move cannabis within the city in accordance with MAUCRSA and state regulations. (2) No distribution site shall be located within 600 feet of a school, daycare center, or youth center or within 24 feet of a dwelling unit within a residential zone, pursuant to division (E) of this section. (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. 13 (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) OF OpeFatiRg in the Gity in ViOlatiGR of this Ghapter oF the ban established by § 153.120.320 of the Baldwin Park zening Gede, shall not be GORSidered a lawful or for a Gannabis business permit. Further, aRy SUGh URlawfully established GaRRabis § 95.09. Nonconforming Use. Any Commercial Production Cannabis Activity or 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. . r �n�aMM �, ic��: �&. n . Distances. All distances specified in this section shall be measured in the following manner. (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 14 which the Commercial Production Cannabis Activity is to be located without regard to intervenina structures. (2) For determining distance to residential zones, the distance shall be measured in a straight line from the subject building to the closest dwelling unit on the lot on which the cannabis production business is to be located without regard to intervening structures. (F) Factors considered for permit approval. Approval of a permit shall take into account the safety of the public, including, but not limited to, the following factors: (1) Suitability of the proposed property; (2) Suitability of security plan; (3) Suitability of business plan and financial record keeping; (4) Criminal history; (5) Regulatory compliance history; (6) Good legal standing; (7) Community engagement; (8) Environmental impact; and (9) Labor relations. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) 127.08 NO TRANSFER OR CHANGE IN OWNERSHIP OR LOCATION. .. .. ..- (A) An Owner who obtains a Permit under this chapter may not sell, transfer, pledge assign, grant an option, or otherwise dispose of his or her ownership interest in the Commercial Cannabis Production Activity covered by any Permit issued under this Chapter without a written request deemed appropriate by Chief Executive Office of the CITY, or his/her designees, and City Council approved, fully executed and effective Development Aareement. (8) 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, pang any applicable processing 15 fees, and obtaining approval from the City Council, regardless of any possessory interest or right to possession to such additional space. (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. .. .. .. ... .. .. 16 and tirne, m'ar'n r, 'cr and piaGe or regulation r'i� yr he GGFnrFneFGialca'"'i n- apiTtaGti o ity. 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 pplicable fee. The Licensee must submit all information requested b the he city council or its designee including but not limited to documents that verify the following: (1) The Licensee will continue to have exclusive possession of the premises, as changed, by ownership, lease, or rental agreement, and sole control of all production; and L2) 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) § 127.10 GROUNDS FOR DENIAL OR REVOCATION OF PERMIT; ADDITIONAL CONDITIONS IMPOSED. Rejection; findings. The Chief Executive Officer or designee may M 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; 17 (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; (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. (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. iC (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. W1 (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 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. 21 (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. (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 22 (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 ECity does not assume any liability whatsoever, with respect to approving any pPermit pursuant to this chapter or the operation of any eCommercial eCannabis Production aActivity 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: (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. 23 (B) Noncompliant operations. Operation of a licensed premises in noncompliance with any conditions of approval or the provisions of this chapter shall constitute a violation of the code and shall be enforced pursuant to the provisions of this code. (C) Revocation of permit. The Chief Executive Officer or designee may summarily suspend or revoke a permit, or disqualify an applicant from the registration process, or elect not to renew a regulatory permit if any of the following, singularly or in combination, occurs: (1) The Chief Executive Officer or designee determines that the cannabis facility has failed to comply with any requirement of this chapter or the approved development agreement or any condition of approval or a circumstance or a situation has been created that would have permitted the Chief Executive Officer or designee to deny, the regulatory permit under this chapter or elect not to renew or revoke the permit under this chapter; (2) The licensee or applicant has conducted itself or is being conducted in a manner that creates or results in a public nuisance, as defined in Chapter 95 of the BPMC; (3) The licensee premises ceased operations for more than 90 calendar days, including during change -of -ownership proceedings; (4) Ownership is changed without the City Council approval and authorization under this chapter; (5) The licensee relocates to a different location or premises without City Council approval and authorization; and (6) The licensee fails to allow inspection or copying of the security recordings or the activity logs or records required to be kept under this chapter or denies entry to the premises to city officials authorized to inspect the premises. (D) Abatement. The city shall initiate abatement proceedings as authorized by the code, if necessary, to correct any violation of this chapter or code. (E) Violation deemed misdemeanor - penalty. Any person violating any of the provisions of this chapter or any applicable rule in this chapter or code, shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by the maximum penalties provided for in the Cal. Penal Code § 19. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 127.15 PUBLIC NUISANCE PROHIBITED. It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge of any parcel within the city to create a public nuisance in the course of cultivating, manufacturing, testing, or distributing cannabis or 24 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 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 () 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; use or development •.-+r another ordinance oor (6) The use or development under the permit is being conducted in a manner detrimental to public health, safety, or welfare, or such use or development constitutes a public nuisance. 25 (B) Revocation initiation. The revocation of a permit may be initiated by the Chief Executive Officer or their designee. The notice of revocation shall specify in writing t* the permittee the basis i' i action to revoke the permit is to • i` evaluated. (C) Permit revocation public hearing. A hearing by the Chief Executive Officer or their designee is required for any action to revoke a permit. Pursuant to the hearing an4 the facts determined pursuant theret•': the Chief Executive Officer may• permit,• revoke the permit or modifyor delete conditions•` approval or r•• new conditions of approval in order to address the issues raised in the revocation hearing. (Ord. 1400, passed 8-16-17; Am. Ord. 1403, passed 12-13-17; Am. Ord. 1408, passed 4-4-18; Am. Ord. 1460, passed 11-3-21) § 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) 26 127.18 INTERPRETATION The provisions of this Ghapter shall be read to be Gensistent with state laws, thus with state law and this Gede be deemed to be an unlawful business 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 (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 orsymbols visible from the exterior of the vehicle that suaaest 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 technologv to record and store the followina information: 1) The time that the individual conductina 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. For each individual distribution transaction, the identitv of the individual conducting distribution on behalf of the manufacture, cultivator or retailer. 27 (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 aoods 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 w .128.07 City Council developed cannabis retailer application procedure 128.08 Limitations on the citVs 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 charge 128.18 General operating requirements 128.19 Additional operating requirements 128.20 Additional operating requirements for deliver 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 InsDection 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 we, .4 128.01 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. LB) Nothing in this Chapter 128 shall be construed or interpreted to permit the commercial possession, furnishing, manufacture, cultivation, distribution, processing storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of industrial hemp. (C) To the extent expressly authorized in this Chapter 128 and Title XV of the City Municipal Code, cannabis retailers are permitted in the City, subject to the satisfaction of all requirements set forth in this Chapter 128, Title XV of the City Municipal Code, MAUCRSA, and all other applicable State and local laws, rules, and regulations. -q 128.02 COMPLIANCE WITH LAWS It is the responsibility of the owners, managers, officers, employees, and agents of an 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. -4 128.03 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 coniuqations 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. WE "CANNABIS BUSINESS" means a person enga-ged in commercial cannabis activity. "CANNABIS CONCENTRATE" means cannabis that has undergone a process to concentrate one or more active cannabinoids, therebV increasinq the product's potency, Resin from granular trichomes from a cannabis plant is a concentrate for Purposes o this Chapter 6. A cannabis concentrate is not considered food, as defined bV Section 109935 of the State Health & Safety Code, or druq, as defined by Section 109925 of the State Health & SafetV 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 Califomia Communities Environmental Health Screening Too/ or any successor screening methodology used by the Office of Environmental Health Hazard Assessment. "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 Cit of Baldwin Park or his or her des�qneeLs). "CHIEF OF POLICE" means the Police Chief of the City of Baldwin Park Police Department or his or her des�qnee(s). "CITY"means the City of Baldwin Park, State of Califomia. "CITY ATTORNEY" means the City Attomey of the City of Baldwin Park or his or her "CITY COUNCIL" means the City Council of the City of Baldwin Park. "COMMERCIAL CANNABIS ACTIVITY" has the same meaning as defined in Chapte 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 CountV of Los Angeles, State of Califomia. "CUSTOMER" means a natural person twentV-one (21) Vears of age or over or a natural person e4ghteen (18) years of age that is a qualified patient or primaty caregiver "DAY-CARE" has the same meanin-q as defined in Chapter 127 of the City Municipal "DELIVERY" means the commercial transfer of cannabis or cannabis products to a customer. DELIVERY also includes the use bV a retailer of anV technoloqV Platform owned and controlled by the retailer. 31 "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 Cites proprietary interests by prohibiting labor organizations and members from engagin_q 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()) manager or managing member or other officer of a limited liability company or (Di 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 12 "MA UCRSA "means Division 10 (commencing with Section 26000) of the State Business and Professions Code and any regulations promulgated thereunder. 32 "MEASURE" means The Baldwin Park Marijuana Retail Sales Regulation and Taxation Measure. "OWNER" means any of the following: (1)Aperson 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 L3) 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 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. TERMITTEE" 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 33 of this Chapter 128 and any regulations adopted by the City governing cannabis retail sales. "SALE" means any sale, exchange, or batter or other transaction for an 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. "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 bV 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 a past conviction for a cannabis crime or (2) an immediate family member with a pas conviction for a cannabis crime is a "social eauitv aDDlicant".- Q 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 Q an immediate family member with a past conviction for a cannabis crime is a "social equity applicant", and An individual or natural person from a low-income household and has either (I 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. 34 "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. .4 128.04 RETAIL CANNABIS BUSINESS PERMIT REQUIRED LA) 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; Q) 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. -4 128.05 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: LB) A cannabis retailer shall not be located on property within (1) six hundred (600) feet of a school, day-care, or youth center or Q 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 (JI or Industrial -Commercial EI-Q. (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 reaard to intervenina structures. 35 (2) For determining distance to dwelling units within residential zones, the distance shall be measured in a straight line from the subject buildinq to the closest dwellinq unit on the lot on which the cannabis retailer is to be located without regard to intervening structures (EJ Notwithstanding any of the above requirements contained in Subsections A throu.qh C, a cannabis retailer may be located on any Property that is or was covered b 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. (Fj Each cannabis retailer shall: (1) Be constructed in a manner that prevents odors to surrounding uses, an 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; an Q) Maintain a neighborhood compatibility plan so the City Manager or designees) may find that the cannabis retailer and its operating characteristics are not detrimental to the public health, safety, convenience, or welfare ofpersonsresiding, working, visiting, o recreating in the surrounding neighborhood and will not result in the creation of a nuisance., -4 128.06 CHAPTER 127 PRIORITY CANNABIS RETAILER APPLICATION PROCEDURE LA) 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; Q 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; Q) 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 36 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; L5) Because of its histoa as an illegal industry, unfair and substandard labor practices proliferate throughout the cannabis industrV,- L6) A proven track -record of cannabis business operations with h�qh 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 Ngh labor standards and commitment to labor peace, as demonstrated by an active, long-term collective bargaining agreement with a labor organization that currentIV 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 QQ) days followinq the effective date of this Chapter 128, the Chief Executive Officer, pursuant to Section 128.21, shall, as a ministerial duty, make available the necessa!y forms, adopt anV necessaa application rules for the 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 L50%) or more are or were an owner or owners on or prior to July 1, 2021, with an aggregate ownership interest of fiftV percent (50%) or more of a cannabis business (and remains an owner or owners with an aggregate ownership interest of fift percent L50%) or more on the date of the application submission under this Section 128.06) in the CitV that entered into a development agreement approved pursuant to Chapter 127 of the City Municipal Code prior to January 1, 2018; L2) The cannabis retailer will be located on the propertV that is referenced in the development agreement entered into and approved pursuant to Chapter 127 of the Cit Municipal Code prior to January 1, 2018, referenced above in Subsection 1,-. Q) The cannabis retailer will be located on a propertV that is or was covered b Lwhole or in payj a State license to conduct one or more forms of commercial cannabis production activitV issued bV a licensing authoritV prior to JanuarV 1, 2019; (4) The cannabis retailer will be located on a propertV that is or was covered b Lwhole or in patjt a cettificate of occupancy to conduct one or more forms of commercial cannabis production activity issued by the City's Building & Safety Division prior to (5) An owner or owners of the applicant with an aqqregate ownership interest of fifty percent L50%) 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 Land remains an owner or owners with an aggregate ownership interest of fift 37 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 Droduction activity to the cannabis business: and (6) The individual or natural person owner or owners of the applicant (disregarding any interveninq 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 effective, inclusive of renewals, on the date of the application submission under this Section 128.06). Q Within thirty (3Q) 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 (3Q) 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 Land remains an owner or owners with an aggregate ownership interest of fifty percent (50%) or more on the date of the application wool 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 Drior 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 CitVs Building & Safety Division prior to January 1, 2021; (7) Sufficient evidence to demonstrate that an owner or owners of the applicant with an aggregate ownership interest of fifty percent L50%) 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 followinq 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 aqqregate ownership interest of one hundred percent (100%) have entered into a collective bargaining r -q agreement with a labor organization that currently represents cannabis workers in the United States effective since at least July 1, 2021, inclusive of renewals Land 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 Land 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 me, (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 (3O) days to cure and/or resubmit application components in order to meet the minimum reauirements contained in this Subsection C. Q The Chief Executive Officer shall, as a ministerial duty, cease acceptance o 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. (Fj 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 128.18.L. 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: Q 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 Q) 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 Q) 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. WE .4 128.07 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 o 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 Citinto engage in delivery within the City issued pursuant to this Section 128.07 shall be zero (0); (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 onpropertywithin (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 (2000) 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 (/) Industrial -Commercial (l-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; an 41 (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, MA UCRSA, and all other applicable State and local laws, rules, and regulations. The maximum number of retail cannabis business Dermits 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 ma V 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. -4 128.08 LIMITATIONS ON THE CITYS 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 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. LB) Maintain insurance at coverage limits, and with conditions thereon determined necessary and appropriate from time to time by the City Attorngy. Q Defend and indemnLfy 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. 42 .4 128.09 RETAIL CANNABIS BUSINESS PERMIT TERM to this Section 128.09 and Section 128.10. the term of each retail cannabis business permit shall be indefinite. LB) 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 QQ) 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 dil�qent/V Prosecutes correction of such noncompliance items to completion. (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 an costs incurred by the City to administer the program created under this Chapter 128. -q 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. LB) 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 designees) 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. 43 .4 128.11 APPEALS REGARDING RETAIL CANNABIS BUSINESS PERMITS 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 aggrieve 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. (8) 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, an 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. Q 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. LFJ 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, subiect to iudicial review and remedies. MEEL, (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 QQ) 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 L50) feet of a dwelling unit within a residential zone, or (c) two thousand (2, 000) feet of another cannabis retailer, MI, (2) All distances specified in this Section 128.12 shall be measured in the followinq 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 buildinq to the closest dwelling unit on the lot on which the cannabis retailer is to be located without regard to interveninq structures. (3) A cannabis retailer may only be located on property zoned Industrial (l) Industrial -Commercial (l-C. (B) An applicant or permittee shall notify the Chief Executive Officer or designees) within fifteen (15) calendar da sy of any material change in the information provided in the applicant or permittee's retail cannabis business permit application or any change in status of compliance with the provisions of this Chapter 128, including an change hang e�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. 45 (C) Any attempt to transfer a retail cannabis business permit either directly o 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. -q 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 ew 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 requeso 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 numbed 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. Q Subject to any applicable restrictions under the Health Insurance Portability & Accountability Act ("HIPAA') regulations, each cannabis retailer shall grant the Chief Executive Officer access to the business's books, records, accounts, together with an 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. -4 128.15 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 m 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. Q) 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 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. LQ 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. Q) 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 o the Chief Executive Officer, which shall not be unreasonably withheld. 10) Additional securitv measures may be added throuah the review of a retail cannabis business permit application. 47 (8) 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 o audit the effectiveness of any security plan or of any other requirement of this Chapter 128. Q A cannabis retailer shall notify the Chief Executive Officer within twenty-four (24) hours after discovering any of the following: (1)Sqnificant 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. Q) 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. -4 128.16 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. -4 128.17 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. (8) All cannabis retailers authorized to operate under this Chapter 128 shall pay a 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 ved8dLIq 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. .4 128.18 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. (8) Cannabis shall not be consumed on the premises of any cannabis retailer. Q 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 including, but not limited to, such matters as cannabis tracking, inventor V data, gross sales (by weight and by sale), and other information which may be deemed necessary bV 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 bV a permittee. Q 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 o cannabis and cannabis products shall comply at all times with State law. There shall not be a Dhvsician located in anv cannabis retailer at anv 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 o owner to whom emergency notice can be provided at any hour of the day. (H) Siqnaqe and Notices. (1) In addition to the requirements otherwise set forth in this Section 128.18, business identification si�qnaqe for a cannabis retailer shall conform to the requirements we, 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 an 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. L (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. (l) 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 Chanter 128 for any person to employ any person at a cannabis retailer who is not at least twenty-one (21) years of age. Q 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. LKJ 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, o 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 I I 105(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 iff 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 Q) 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 CitVby the permittee as part of the application process, that will meet this obl4gation. (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 Drina reauirement 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 51 Q) 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 r4ghts. -4 128.19 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 veffy 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. Q 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: 52 (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." -4 128.20 ADDITIONAL OPERATING REQUIREMENTS FOR DELIVERY LA) Delivery shall comply with State law at all times. LB) 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 involvina the exchanae 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; Q 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; L4) 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; an 53 (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 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 boor 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. Q) 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. 54 (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. Q) 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. (l) 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 an 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 documentation of each customer to ensure the customer is not under the aae of twenty- one (21) years. J) Each delivery vehicle shall be eauiDDed with a dual dash camera system showin 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 Deriod of at least two (2) weeks and made available to the Citv uDon request. LKJ 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 an 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. Q Cannabis delivery is only permitted in the city between the hours of 8:00 am to 10:00pm. (" 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 requesQ, provided on a monthly basis. The 55 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 deliver Perm ermit 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 an oy ther 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 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. 56 (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 technoloav to record and store the followina 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. For each individual distribution transaction. the identity of the individual conducting distribution on behalf of the manufacture, cultivator or retailer. 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, inventor 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 anV 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. 57 (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. .4128.21 PROMULGATION OF REGULATIONS, STANDARDS, AND OTHER LEGAL DUTIES (A) Consistently with stated requirements of this Chapter 128 Land 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. (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. -q 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 fort y-efight (48) hours of receipt of such complaints. LB) During the first year of operation pursuant to this Chapter 128, the owner(s), mana.geLs), 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. M11, (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.. -q 128.23 FEES DEEMED DEBT TO CITY The amount of any fee, cost, or charge imposed pursuant to this Chapter 128 shall be deemed a debt to the City that is recoverable via authorized processes as set forth in the City Municipal Code or available through any court of competent jurisdiction. -4 128.24 PERMITTEE, OWNER, AND PROPERTY OWNER RESPONSIBLE FOR VIOLATIONS (A) Each permittee and each owner and each manager of the permittee Land 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 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 an V emploVee or agent of the permittee and whether or not said violations occur within the permittee, owner, o manager's presence. (B) No person may en -gage 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 an 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. -4 128.25 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 59 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, o 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 desiqnee(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 lowed, recorded, an maintained in accordance with the City law enforcement standards for evidence. -4128.26 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. -4 128.27 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. -4 128.28 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, an payment to the City of any monies unlawfully obtained, costs of abatement, costs of investigation, attomey'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 des4qnee(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. Kol 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. .4 128.30 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. SECTION 5. Title X1 (Business Reaulations) of the Citv MuniciDal Code is hereb 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 Pavment of tax does not authorize unlawful conduct 61 129.14 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 propertV. (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 Cites general fund and be available for any lawful City expenditure. FWT'M1,W4iVA 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. -4 129.03 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 meaninas ascribed to them elsewhere in this Code. or shall otherwise be 62 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) Vears 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. "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 Cites "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. 63 "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; LB) Such person or person's employee owns or leases real property within the City for business purposes; (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; M Such person or person's employee regularly conducts solicitation of business within the City, o LEJ 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 o "ENGAGED IN BUSINESS". "EVIDENCE OF DOING BUSINESS" means evidence such as, without limitation, use of signs, circulars, cards or any other advertising media, including the use of internet or telephone solicitation, or representation to a government agency or to the public that such person is engaged in a cannabis retailer in the Cites "FISCAL YEAR" means July I 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 M 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; (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. "MA UCRSA" 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. 65 "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 an consideration. "STATE" means the State of California. "TAX ADMINIS TRA TOR" means the means the Chief Executive Officer of the City o Baldwin Park or his or her des4qnee(s). -4 129.04 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 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 Citv Council but shall not exceed the maximum tax rate of five percent 5%) without voter approval M . 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 owners or managers) 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. (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. 67 . 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 an taxpayer axpayer concerning the provisions of this Chapter 129; Q) Receive and record all taxes remitted to the City as provided in this Chapter 129; (4) Maintain records of taxpayer reports and taxes collected pursuant to this Chapter 129; (5) Assess penalties and interest to taxpayers pursuant to this Chapter 129; and (6) Determine amounts owed and enforce collection pursuant to this Chapter 129. 129.09 APPEAL PROCEDURE Any taxpayer aggrieved by any decision of the Tax Administrator with respect to the amount of tax, interest, penalties, and fees, if any, due under this Chapter 129 may appeal to the City Council by filing a notice of appeal with the City Clerk within forty-five (45) calendar days of the serving or mailing of the determination of Tax due. The City Clerk, or his or her designee, shall fix a time and place for hearing such appeal, and the City Clerk, or his or her designee, shall give notice in writing to such cannabis retailer at the last known place of address. The finding of the City Council shall be a final administrative decision, subject to judicial review and remedies, and shall be served upon the appellant in the manner prescribed by this Chapter 129 for service of notice of hearing. Any amount found to be due shall be immediately due and payable upon the service of the notice. . 129.10 CONSTITUTIONALITY AND LEGALITY This Tax is intended to be applied in a manner consistent with the United States and State Constitutions and State law. None of the Tax provided for by this Chapter 129 shall be applied in a manner that causes an undue burden upon interstate commerce, a violation of the equal protection or due process clauses of the Constitutions of the United States or the State, or a violation of any other provision of the State Constitution or State law. If a person believes that the Tax, as applied to him or her, is impermissible under applicable law, he or she may request that the Tax Administrator release him or her from the obligation to pay the impermissible portion of the Tax. . 129.11 APPORTIONMENT If a cannabis retailer subject to the Tax is operating both within and outside the City, it is the intent of the City to apply the Cannabis Retailer Tax so that the measure of the Tax fairly reflects the proportion of the taxed activity actually carried on in the City. To the extent federal or State law requires that any tax due from any taxpayer be apportioned, the taxpayer may indicate said apportionment on his or her tax return. The Tax 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 verif my q any representations made by an taxpayer axpayer 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. .• .4129.13 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. LB) 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 an 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. M 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. -4 129.14 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. orovided for in other orovisions of this Code. -q 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 Q 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 WE be made. When a person discontinues engaging in a business, a deficiency determination may be made at any time within two L2) years thereafter as to an liy ability 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. .4 129.16 FAILURE TO REPORT; NONPAYMENT; FRAUD (A) Under any of the following circumstances, the Tax Administrator may make and ,give notice of an assessment of the amount of Tax owed bVaperson under this Chapter 129 at an time: ime: (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 b law. aw. LB) 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)b oy vernight delivery y a nationally -recognized courier service, or by 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 71 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 Q) 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 Q) calendar days following deposit of the notice. .4 129.18 TAX ASSESSMENT; HEARING, APPLICATION, AND DETERMINATION Within forty-five (45) calendar days after the date of service, the person mayappl y 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 "ud� icial 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 QQ) 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 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. (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. 72 (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. LEJ 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. LFJ 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, o civil war, riot, commotion, strikes, go slows, lock outs, or disorder; a pandemic; or acts or threats of terrorism. -4 129.20 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 prosecution for any violation of the provisions of this Chapter 129 or of any State law requiring the Payment of all taxes. (IIJEE�� 1,•111 111! 1111 il •- 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. -4129.22 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 an amended to read as follows-, "Part 10. Cannabis Retailers 73 .4 153.120.32 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. -q 153.120.330 USE REGULATIONS Pursuant to the authority delegated by the State to the City under Section 26054(b) o 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 X1, Chapter 128, Cannabis Retailers, of this Code (in particular the possession of a retail cannabis business permit) and the requirements of Title X1, Chapter 127.6, Cannabis Retailer Tax, of this Code, cannabis retailers shall be a land use permitted bV right on property zoned Industrial (lam Industrial -Commercial (/-C). (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. LEJ 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 74 Chapter 127 of the City Municipal Code prior to January 1, 2018, subject to the remaining requirements of Title XI, Chapter 128, Cannabis Retailers, of this Code (in particular the possession of a retail cannabis business permit) and the requirements of Title Xl, 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." 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 Xl, Chapter 127, Medical and Adult Use Commercial Cannabis Production, of this code. LB) Outdoor cultivation. Owning, leasing, occupying, or having charge or possession of any parcel within an zoning oning 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 Citysetting etting forth the terms and conditions under which the facility will operate that is in addition to the requirements of Title Xl, 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 Xl, 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, i-spe sa4es Distribution only, shall be allowed a maximum of 40,000 square feet." 75 SECTION 9. The preamble of Sub -Subpart E (Security) of Subpart 153.120.570 (Use Regulations) of Part 18 (Medical and Adult Cannabis Cultivation, Manufacturinq and Distribution) of Section 153.120 (Standards for Specific Land Uses and Activities) Chapter 153 (Zoning Code) of Title XV (Land Usage) of the City Municipal Code is hereby amended to read as follows: YE j Security. All security requirements set forth in Title X1, 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 X1 (Business Regulations) of the City Municipal Code is hereby amended to read as follows: "'CHARACTERIZING FLA VOR'means a taste or aroma, other than the taste or aroma Of tobacco, imparted either prior to or during consumption of a Gannabi-s -Gr tobacco product or any byproduct Produced by the cannabis or tobacco product, including, but not limited to, tastes or aromas relating to menthol, mint, wintergreen, fruit, chocolate, vanilla, honey, candy, cocoa, dessert, alcoholic beverage, cotton candy, herb, bubble gum, spice, or any other flavor that is designed to mask the aroma and flavor of natural cannabis or tobacco or tobacco or Gannabi--related products. Characterizing flavor includes flavor in any form, mixed with, or otherwise added to, any Gannabis OF tobacco product or nicotine delivery device, including electronic smokin-q devices." SECTION11. 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 Gannabis oF nicotine. Electronic smokinq 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 X1 (Business Regulations) of the City Municipal Code is hereby amended to read as follows: 76 "`FLAVORED TOBACCO PRODUCTmeans any tobacco or eannabis product, which imparts a characterizing flavor. There shall be a rebuttable presumption that a tobacco or Ganr s product is a flavored tobacco or GannaWs 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 or caen,abfs 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 ^"Y'varnnab,"s er tobacco product imparts a characterizing flavor, or (iii) taken action directed to consumers that would be reasonably expected to cause consumers to believe the Gappabis -OF tobacco product imparts a characterizing flavor." SECTION 13. The definition of "Tobacco or Cannabis paraphernalia" in Section 125.010 (Definitions) of Chapter 125 (Tobacco Retail Licensing) of Title Xl (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 Gappabis eF tobacco products.' SECTION 14. The definition of "TOBACCO OR CANNABIS PRODUCT" in Section 125.010 (Definitions) of Chapter 125 (Tobacco Retail Licensing) of Title Xl (Business Regulations) of the City Municipal Code is hereby amended to read as follows: "`TOBACCO OR CAMMBIS PRODUCT' means: 1) anv aroduct containina. made. or derived from sannabis. tobacco or nicotine that is intended for human consumption, whether smoked, heated, chewed, absorbed, dissolved, inhaled, snorted, sniffed, or ingested by any other means, including, but not limited to. cigarettes. edibles ciaars. little cigars. chewina tobacco. aide tobacco. and snuff, (2) any electronic smoking device that delivers Gannabis or nicotine er and other substances to the person inhaling from the device, including, but not limited to an electronic device, cigarette, electronic cigar, electronic pipe; or Q) any component, part, or accessory intended or reasonably expected to be used with a tobacco product, whether or not sold separate/ or r any of these contains oaggabis- 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." 77 SECTION 15. The definition of "TOBACCO OR CANNABIS RETAILER" in Section 125.010 (Definitions) of Chapter 125 (Tobacco Retail Licensing) of Title X1 (Business Regulations) of the City Municipal Code is hereby amended to read as follows: "'TOBACCO OR QAAK4BiS 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 Gannabis OF tobacco products or Gannabis -OF tobacco paraphernalia sold, offered for sale, exchanged, or offered for exchange. " SECTION 16. Subsection H of Section 125.020 (Requirements and Prohibitions) Chapter 125 (Tobacco Retail Licensing) of Title X1 (Business Regulations) of the City Municipal Code is hereby amended to read as follows: 7H j No tobacco OF GanpaW-s 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 #av-or,-d Gannabi&--Gr flavored tobacco product or any component, part, or accessory intended to impart or imparting a characterizing flavor in any form, to any Gannabis or tobacco product or nicotine delivery device, including electronic smoking devices. There shall be a rebuttable presumption that a Gannabis or tobacco product is a flavored Gannabis oF tobacco product if a Gapna&s tobacco retailer or any employee or agent of a Gannabi-s -Gr tobacco retailer has: (1) made a public statement or claim that the Gannabi-S oF tobacco product imparts a characterizing flavor, Q used text and/or images on the Gannabi-s OF tobacco product's retail labeling or retail packaging to explicitly or implicitly indicate that the Gannabi-S OF 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 Gannabis OF 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. woe 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 65431.00007\41014163.1 CITY OF BALDWIN PARK MAYOR we, ITEM NO. SA-1 TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance SAN GABRIEL DATE: February 15, 2023 o 20,. . JAN„P�`���' SUBJECT: Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was $2,937.83. BACKGROUND The attached Claims and Demands the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The December 8, 2022 to February 6, 2023, Successor Agency Warrant with check number 13600 through 13603 in the total amount of $2,937.83 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Check Register Page 1 / 1 Payment Number 13600 13601 13602 13603 Check Register City of Baldwin Park, CA By (None) Payment Dates 12/8/2022 - 2/6/2023 Payment Date Vendor Name Description (Item) Account Number Amount 12/08/2022 HR DYNAMICS & PERFORMANC... HUMAN RESOURCES CONSULTI... 806-10-150-51100-14470 150.00 01/12/2023 HDL, COREN & CONE CONTRACT SERVICES PROPERTY...838-00-000-51100-14900 892.02 01/19/2023 1WA URBAN CONSULTANTS INC AS -NEEDED PROFESSIONAL SER... 890-40-440-51101-14405 1,775.81 01/26/2023 HR DYNAMICS & PERFORMANC... HUMAN RESOURCES CONSULTI... 806-10-150-51100-14470 120.00 Grand Total: 2,937.83 b Agenda February 5 2023,i ' Chair Emmanuel J. Estrada Vice Chair Monica Garcia Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Daniel Damian Welcome to your Finance Authority Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the Board Members and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please Note: Electronic devices are to be turned off while meetings are in session. The City of Baldwin Park provides two ways to watch a Finance Authority meeting: In Person Online �v Most Finance Authority meetings take Audio streaming will be available at https✓/www.youtube.com/channel/UCFLZO dDFRiy59rhiDZ93Fg/featured?view as=subscriber place at City Hall, 14403 E. Pacific htt.,Abaldwinpark.granicus.com/ViewPublisher.php?view id=t0 Ave., Baldwin Park, CA 91706 • �, r, r �� r r r, r 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. ' 1 i 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 comments(cr�,baldwinpark.com. CALL TO ORDER ROLL CALL PUBLIC COMMUNICATIONS CONSENT CALENDAR 1. Treasurer's Report FA — December 2022 Staff recommends that the Board receive and file the Treasurer's Report for December 2022. 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 9" 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 kromangbaldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) WaTMETWO �F "''��1• TO: Chair and Members of the Finance Authority '; HUB,0F THEE' FROM: Rose Tam, Director of Finance SAN GABRIEL10 DATE: February 15, 2023 o . QJAN„P�`���' SUBJECT: Treasurer's Report FA — December 2022 Attached is the Treasurer's Report for the month of December 2022. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for December 2022. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Exhibit "A", Treasurer's Report Treasurer's Report be submitted to the Mayor and Page 1 / 1 CITY OF BALOWN PARK TREASURERS REPORT 1213112022 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET 1L_ DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 2.173% Varies Varies $ 40,058,401.48 S 40,058,401.48 $ 40,0511,401.48 $ 40,058,4011AII Housing Authority 2A73% Varies Varies 14,209.07 14,209.07 14,209.07 14,209.07 072,610.55 46,072,61o55 ----40072,610.55 40,072,610.55 Certificate of Deposit Traditions Bancorp Inc. (Cambridge Investment Research) 4.65Y. 111412022 111412024 250,000.00 250,000,00 250,000.00 250,180,00 250,000.00 260'allu0 250,000,00 250,180,00 Federal Farm CR SKS Bond Mutual Securities 4.126% 912612022 1011712023 3,000,00axo 3,000,000.00 3,000,000all 2,982,570.00 3,00%000.00 3,000,00000 ___' 000,00 :00 2,982,570.00 US Bank -Debt Service Trustee Accounts Fiscal Agent Funds (Trust[Debi Service Fund) varies Vanes Varies 6,707,157.07 6,787,157.07 6,781,157:07 6,787,167.07 Fiscal Agent Funds -Successor Agency (Trustll)obtgervioe, Fund Varies Varies Varies 70,243.99 70,243.99 70,243.99 70,243.99 6,857,401.06 6,857,401.06 6,857,401.06 6,857,401.06 Total Investments $ 50,160,011x1 Cash with Bank of the West City Checking (General) 3,852,l36:96 Money Market Plus 12,235,924.36 City Miscellaneous Cash (WIC, PiR) 438,685.31 Successor Agency 110,676.91 Housing Authority 948,193.22 Total Cash with Bank of the West 17,685,616,76 Investment Brokerage (Gash & Gash Equivalents) 9,045_16 Total Cash and Investments S, 67,774,673e5 In accordance with AS X126,the Community Development Commission Is dissolved effective January 31, 2012. The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park". There was no Investment purchase transaction made for the month of December 2022 and no deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq, i hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all Investments are in Compliance to the City's Statement of Investment Policy. Approved by: Director of Finance Agenda February 15, 1 11 ' Chair Emmanuel J. Estrada Vice Chair Monica Garcia Board Member Alejandra Avila Board Member Jean M. Ayala Board Member Daniel Damian Welcome to your Housing Authority Meeting We welcome your interest and involvement in the City's legislative process. This agenda includes information about topics coming before the Board Members and the action recommended by city staff. You can read about each topic in the staff reports, which are available on the city's website and in the Office of the City Clerk. Please Note: Electronic devices are to be turned off while meetings are in session. The City of Baldwin Park provides two ways to watch a Housing Authority meeting: In Person Online _f Most Housing Authoirty 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 htta.11baldwinpark.granicus.comNiewPublisher.php?view id=1O 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. � r i 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. Public Communication There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentsgbaldwinpark.com. CALL TO ORDER ROLL CALL PUBLIC COMMUNICATIONS CONSENT CALENDAR Baldwin Park Housing Authority's Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. 2. Treasurer's Report HA — December 2022 Staff recommends that the Board receive and file the Treasurer's Report for December 2022. 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 9" 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 kroman(cr�baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) I roF "'"��1• TO: Chair and Members of the Housing Authority � HUB,OF T�E��' FROM: Rose Tam, Director of Finance SAN GABRIEL DATE: February 15, 2023 Q,AtA%3 SUBJECT: Baldwin Park Housing Authority's Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority was $588,956.33. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The January 10 to February 6, 2023 Warrant check numbers 72675 through 72686 in the amount of $16,535.33 and Automated Clearing House (ACH) In the amount of $572,421.00 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Happy Check Register 2. Happy Check Register ACH Page 1 / 1 Check Register ^~`~po^~ 2/6/2023 Date Range: O1/1O/2023... 02/08/2023 Grouped by: Program and Increment VMS Date Range: — Program: - Sorted by: Check Number Payment Type: Check Numbers: — Direct Deposit: Exclude Direct Deposit Check Cleared: All Port Status: Include Port Ins ZonnHAPs: Include Zero HAPa Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks Housing Choice Voucher Vl�'Check Number Check Date VMS Date Payee Name DD Amount []72675 0201/2023 0201/2023 8orthaCediUo [] $128.00 []72676 0201/2023 0201/2023 Vanessa GRoss [] $58.00 []72677 02/01/2023 0201/2023 Ruth YLopez [] $13.00 []72678 0201/2023 0201/2023 Guadalupe K4Kduri||o [] $100.00 []72679 02/01/2023 0201/2023 LLJStratford Sunset, LLC.Sunset [] $1821.00 []72680 0201/2023 0201/2023 Monica AEoca|ante [] $04.00 []72681 02/01/2023 0201/2023 Eternal Link LLC [] $1648.00 []72682 0201/2023 0201/2023 George KaChun Chew [] $2040.00 []72683 02/01/2023 0201/2023 KimmioMuK4ataunagaand David Mu [] $1216.00 []72684 0201/2023 0201/2023 City ofCarlsbad [] $800.33 []72685 02/01/2023 0201/2023 Doreen EEwing [] $1316.00 []72086 0201/2023 1207/2022 NancyMikhaie| [] $7243.00 Housing Choice Voucher Total $16,535.33 Average $1,102.36 Unit Count 8 Average Weighted by Unit Count $1,748.50 Hard to House Count 1 Copyright @2011-2U23.HAPPY Software, Inc. Check Register Report Yn 0206/2023 Page Check Register ^~`~po^~ 2/6/2023 Date Range: O1/1O/2023... 02/08/2023 Grouped by: VMS Date Range: ... Sorted by: Check Number Program: - Payment Type: Check Numbers: - Direct Deposit: Include Direct Deposit Check Cleared: All Port Status: Include Port Ins ZonnHAPs: Include Zero HAPa Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks V'Check Number Check Date VMS Date Payee Name DD Amount []30102 01/102023 01/01/2023 VijayGu|ah 19 $58.00 []30103 01/10/2023 0101/2023 Gilbert Dominguez 19 $150.00 []30104 01/10/2023 1201/2022 Puente Villa LLC 19 $1453.00 []30105 0201/2023 0201/2023 Y&HInvestment, Inc. 19 $1408.00 []30100 02/01/2023 0201/2023 Eunice Property, LLC 19 $1242.00 []30107 0201/2023 0201/2023 Wilson Apartment Associates LP. 19 $750.00 []30108 02/01/2023 0201/2023 Monet HuongNguyen 19 $2467.00 []30100 0201/2023 0201/2023 ASCENSION HOLDINGS LLC 19 $1344.00 []30110 02/01/2023 0201/2023 TomCinquogmni 19 $1233.00 []30111 0201/2023 0201/2023 Mark T.Fernandez 19 $1033.00 []3O112 02/01/2023 0201/2023 Melody (K4uoi)Dao 19 $1428.00 []30113 0201/2023 0201/2023 John YV.Ruvvitchand AnhLam Truong 19 $1312.00 []3O114 02/01/2023 0201/2023 SAE GROUP, LLC 19 $1881.00 []30115 0201/2023 0201/2023 Wei ZhenSu 19 $005.00 []3O110 02/01/2023 0201/2023 Mallorca Apartments, LTD 19 $1518.00 []30117 0201/2023 0201/2023 Michael |.orLing Brooks 19 $1275.00 []3O118 02/01/2023 0201/2023 Donna JFalls 19 $811�00 []30118 0201/2023 0201/2023 Cipriano Salazar Jr. 19 $1453.00 []3O12O 02/01/2023 0201/2023 OungTmn 19 $572.00 []30121 0201/2023 0201/2023 Monrovia 012.LP 19 $15479.00 []3O122 02/01/2023 0201/2023 Leslie KNg 19 $778.00 []30123 0201/2023 0201/2023 Jun HuaHu 19 $2728.00 []3O124 02/01/2023 0201/2023 OuooT.Vo 19 $1352.00 []30125 0201/2023 0201/2023 LianDiep 19 $1034.00 []3O120 02/01/2023 0201/2023 RouaLamao-Sernotou 19 $1723.00 []30127 0201/2023 0201/2023 Primrose Villa 19 $5320.00 []3O128 02/01/2023 0201/2023 K4a|oo|mOno 19 $620.00 []30120 0201/2023 0201/2023 Diau'ThuyNuTon 19 $004.00 []3O13O 02/01/2023 0201/2023 Oajcjo.LLC 19 $687.00 []30131 0201/2023 11/15/2022 Investor Trust Realty Group, Inc. 19 $5780.00 []3O132 02/01/2023 0201/2023 Don Norwood 19 $1407.00 []30133 0201/2023 0201/2023 Aaron AbduoShakoor 19 $1404.00 Copyright @2011-2O23.HAPPY Software, Inc. Check Register Report Yn 02/002023 Page ❑ 30134 02/01/2023 02/01/2023 Ana Thai 0 $883.00 ❑ 30135 02/01/2023 02/01/2023 SRI Properties No 15 LLC to $1268.00 0 30136 02/01/2023 02/01/2023 Larry Chow 19 $3495.00 ❑ 30137 02/01/2023 02/01/2023 T & T Asset Holding, LLC to $667.00 ❑ 30138 02/01/2023 02/01/2023 Michael Alfred Alarcon ® $1334.00 ❑ 30139 02/01/2023 02/01/2023 Mousa Boushaaya to $1458.00 0 30140 02/01/2023 02/01/2023 Tuan Viet Ho 19 $2082.00 ❑ 30141 02/01/2023 02/01/2023 Carl P Heinzen to $1850.00 ❑ 30142 02/01/2023 02/01/2023 Xiaomin Lin and Xiaoxi Wu ® $2454.00 ❑ 30143 02/01/2023 02/01/2023 Jun Ye and Ming Feng to $1786.00 0 30144 02/01/2023 02/01/2023 4324 Walnut St LLC 19 $912.00 ❑ 30145 02/01/2023 02/01/2023 El Monte Housing Partners LP - The to $10139.00 ❑ 30146 02/01/2023 02/01/2023 Joseph T. Tung ® $570.00 ❑ 30147 02/01/2023 02/01/2023 Alamitas LLC to $906.00 ❑ 30148 02/01/2023 02/01/2023 Avalon Monrovia LLC ® $1209.00 ❑ 30149 02/01/2023 02/01/2023 Pro Management Inc. to $1399.00 ❑ 30150 02/01/2023 02/01/2023 Andrew & Eva Fogg ® $1403.00 ❑ 30151 02/01/2023 02/01/2023 Heritage Park Villas LP to $20930.00 ❑ 30152 02/01/2023 02/01/2023 Diba Management ® $12381.00 ❑ 30153 02/01/2023 02/01/2023 Palo Verde Apartments, LP to $903.00 ❑ 30154 02/01/2023 02/01/2023 Ha X Van 19 $3918.00 ❑ 30155 02/01/2023 02/01/2023 Chen Jackson to $1207.00 ❑ 30156 02/01/2023 02/01/2023 Philip Tsui 19 $984.00 ❑ 30157 02/01/2023 02/01/2023 Paul Yen to $2125.00 ❑ 30158 02/01/2023 02/01/2023 Mie Chen 19 $2469.00 ❑ 30159 02/01/2023 02/01/2023 Becky Binh Nguyet Luu or Eddie Ma to $2021.00 ❑ 30160 02/01/2023 02/01/2023 Tinh Van Le 19 $628.00 ❑ 30161 02/01/2023 02/01/2023 Everardo Garcia to $2622.00 ❑ 30162 02/01/2023 02/01/2023 Ngoc T. Lieu 19 $2740.00 ❑ 30163 02/01/2023 02/01/2023 Alfred Tai-Kong Ho and Lisa Chen to $1211.00 ❑ 30164 02/01/2023 02/01/2023 Covina 023 Woods 206 LP c/o ® $1288.00 ❑ 30165 02/01/2023 02/01/2023 Doreen Han to $784.00 ❑ 30166 02/01/2023 02/01/2023 Roland Wiekamp ® $1397.00 ❑ 30167 02/01/2023 02/01/2023 Siu Fung Mak to $1488.00 ❑ 30168 02/01/2023 02/01/2023 Baldwin Park Family Housing Limited ® $23502.00 ❑ 30169 02/01/2023 02/01/2023 Grace Chiou to $763.00 ❑ 30170 02/01/2023 02/01/2023 Marina Alvarez ® $2106.00 ❑ 30171 02/01/2023 02/01/2023 Zhi Min Li and WXL Investments Inc. ® $1504.00 ❑ 30172 02/01/2023 02/01/2023 Sui Man Mak 19 $831.00 ❑ 30173 02/01/2023 02/01/2023 Henry Wong to $1861.00 ❑ 30174 02/01/2023 02/01/2023 West Covina Senior Villas II, LP ® $509.00 ❑ 30175 02/01/2023 02/01/2023 Dung Trung Pham and Tammy Tram ® $98.00 ❑ 30176 02/01/2023 02/01/2023 Francisco J. Sanchez and Gloria ® $1109.00 ❑ 30177 02/01/2023 02/01/2023 Blessed Rock of El Monte to $27892.00 ❑ 30178 02/01/2023 02/01/2023 Blessed Rock of El Monte ® $1534.00 ❑ 30179 02/01/2023 02/01/2023 Vintage West Covina to $8544.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report YR 02/06/2023 Page 2 ❑ 30180 02/01/2023 02/01/2023 Ryan Quach and Hue Cao ® $1774.00 ❑ 30181 02/01/2023 02/01/2023 Alta Vista Villas, LP c/o Yale ® $2920.00 ❑ 30182 02/01/2023 02/01/2023 Miriam Barrera ® $2325.00 ❑ 30183 02/01/2023 02/01/2023 West Covina Seniors Villas 1 ® $1056.00 ❑ 30184 02/01/2023 02/01/2023 Post Brookhollow, , LP ® $11030.00 ❑ 30185 02/01/2023 02/01/2023 Rahmat Ray Nehdar ® $1266.00 ❑ 30186 02/01/2023 02/01/2023 Alexander Chan ® $2391.00 ❑ 30187 02/01/2023 02/01/2023 Phat Binh Vuong ® $947.00 0 30188 02/01/2023 02/01/2023 Alan Wu ® $786.00 ❑ 30189 02/01/2023 02/01/2023 Henry Ho ® $1285.00 ❑ 30190 02/01/2023 02/01/2023 PAMA IV Properties, LP ® $4768.00 ❑ 30191 02/01/2023 02/01/2023 Roger Hin Nam Mak ® $9196.00 ❑ 30192 02/01/2023 02/01/2023 LAT Investments, LLC ® $6909.00 ❑ 30193 02/01/2023 02/01/2023 Xitlalai Del Real Sanchez ® $1433.00 0 30194 02/01/2023 02/01/2023 Mary L Haynes ® $1108.00 ❑ 30195 02/01/2023 02/01/2023 Clinett Glazis ® $434.00 ❑ 30196 02/01/2023 02/01/2023 Jim & Nancy Bailey ® $584.00 ❑ 30197 02/01/2023 02/01/2023 Kimberly Nguyen ® $836.00 ❑ 30198 02/01/2023 02/01/2023 Joseph M. Kwok ® $1988.00 ❑ 30199 02/01/2023 02/01/2023 Leng Zhang and Bao Ying Jiang ® $1340.00 ❑ 30200 02/01/2023 02/01/2023 Mack E Titus ® $591.00 ❑ 30201 02/01/2023 02/01/2023 William J Rogers ® $957.00 ❑ 30202 02/01/2023 02/01/2023 Lourdes J. Garrison ® $1700.00 ❑ 30203 02/01/2023 02/01/2023 Angelica Garcia ® $2343.00 ❑ 30204 02/01/2023 02/01/2023 Sophia Wong ® $1185.00 ❑ 30205 02/01/2023 01/01/2023 Lois J Gaston ® $1269.00 ❑ 30206 02/01/2023 02/01/2023 Doan & Lily Thi ® $2033.00 ❑ 30207 02/01/2023 02/01/2023 El Monte Affordable Housing Partner ® $372.00 ❑ 30208 02/01/2023 02/01/2023 Jose Baudelio Delgado ® $1142.00 ❑ 30209 02/01/2023 02/01/2023 Larry Mimms ® $1600.00 ❑ 30210 02/01/2023 02/01/2023 Jaime Jimenez ® $675.00 ❑ 30211 02/01/2023 02/01/2023 Ramiro Viramontes and Veronica ® $195.00 ❑ 30212 02/01/2023 02/01/2023 Fat Law ® $851.00 ❑ 30213 02/01/2023 02/01/2023 Kevin Kambor Kwong and Yuk Ming ® $1723.00 ❑ 30214 02/01/2023 02/01/2023 Kan Investments LTD, LLC ® $536.00 ❑ 30215 02/01/2023 02/01/2023 Dwight Chang ® $2460.00 ❑ 30216 02/01/2023 02/01/2023 Cameron Park Community Partners, ® $1622.00 ❑ 30217 02/01/2023 02/01/2023 Mozhgan Tavakoli ® $1216.00 ❑ 30218 02/01/2023 02/01/2023 Jun Tang ® $333.00 ❑ 30219 02/01/2023 02/01/2023 Anmelindon LLC ® $2330.00 ❑ 30220 02/01/2023 02/01/2023 Lourdes Vela ® $3380.00 ❑ 30221 02/01/2023 02/01/2023 Gilbert Roybal ® $1465.00 ❑ 30222 02/01/2023 02/01/2023 Philip & Fanny Kwok ® $1468.00 ❑ 30223 02/01/2023 02/01/2023 Woodside Village Apartments LP ® $6971.00 0 30224 02/01/2023 02/01/2023 Robert Lawe ® $840.00 ❑ 30225 02/01/2023 02/01/2023 Cynthia Pham ® $744.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report YR 02/06/2023 Page 3 ❑ 30226 02/01/2023 12/22/2022 Katie Yau and Daniel Hong ® $7061.00 ❑ 30227 02/01/2023 02/01/2023 Fanny Chan ® $1079.00 ❑ 30228 02/01/2023 02/01/2023 Baldwin Rose LP ® $1666.00 ❑ 30229 02/01/2023 02/01/2023 Kwan and Mei Chiang ® $1367.00 ❑ 30230 02/01/2023 02/01/2023 Sergio Molina ® $226.00 ❑ 30231 02/01/2023 02/01/2023 Chuen Lau ® $1869.00 ❑ 30232 02/01/2023 02/01/2023 Tanya H Chen ® $2082.00 ❑ 30233 02/01/2023 02/01/2023 Dan Thanh Peng and Hoan Peng ® $1665.00 ❑ 30234 02/01/2023 02/01/2023 JM Lam Investment LLC ® $911.00 ❑ 30235 02/01/2023 02/01/2023 Vijay Gulati ® $4912.00 ❑ 30236 02/01/2023 02/01/2023 Ngoc Lieu ® $894.00 ❑ 30237 02/01/2023 02/01/2023 Joseph H. Garcia ® $1399.00 ❑ 30238 02/01/2023 02/01/2023 Lark Ellen Village ® $8709.00 ❑ 30239 02/01/2023 02/01/2023 Xuyen Thach Han ® $3200.00 ❑ 30240 02/01/2023 02/01/2023 EZ APT LLC ® $1460.00 ❑ 30241 02/01/2023 02/01/2023 Kim Wah Wong and Sau Yi Wong ® $1378.00 ❑ 30242 02/01/2023 02/01/2023 Lucena A Ewing ® $2994.00 ❑ 30243 02/01/2023 02/01/2023 Jocelyn Jae Jhong ® $1957.00 ❑ 30244 02/01/2023 02/01/2023 Emilio De Jesus Cruz ® $653.00 ❑ 30245 02/01/2023 02/01/2023 Isabel R Sanchez ® $1458.00 ❑ 30246 02/01/2023 02/01/2023 Cienega Garden Apartments ® $7108.00 ❑ 30247 02/01/2023 02/01/2023 Vinh Hong Lai ® $3482.00 ❑ 30248 02/01/2023 02/01/2023 Moller Property Management ® $599.00 ❑ 30249 02/01/2023 02/01/2023 TPA/NASCH LLC, Westgate as a sole ® $1387.00 ❑ 30250 02/01/2023 02/01/2023 TDF LP - Pacific Towers c/o Winn ® $9552.00 ❑ 30251 02/01/2023 02/01/2023 Paul & Annie W Chau ® $951.00 ❑ 30252 02/01/2023 02/01/2023 Steven Eraj Espantman and Marta ® $1207.00 ❑ 30253 02/01/2023 02/01/2023 Gilbert Dominguez ® $11058.00 ❑ 30254 02/01/2023 02/01/2023 Monica Alber ® $1087.00 ❑ 30255 02/01/2023 02/01/2023 Up Hill Investment Inc. ® $1817.00 ❑ 30256 02/01/2023 02/01/2023 Dieu Van Huynh ® $973.00 ❑ 30257 02/01/2023 02/01/2023 Kelly Nguyen ® $1210.00 ❑ 30258 02/01/2023 02/01/2023 Ramona Property Managers, Inc. ® $567.00 ❑ 30259 02/01/2023 02/01/2023 Badillo Street Senior Apartments, LLC ® $23299.00 ❑ 30260 02/01/2023 02/01/2023 Monrovia Heritage Park LP ® $14692.00 ❑ 30261 02/01/2023 02/01/2023 James or Barbara Fox ® $1085.00 ❑ 30262 02/01/2023 02/01/2023 Mayra Ortega ® $1169.00 ❑ 30263 02/01/2023 02/01/2023 Sel Homes LLC ® $7124.00 ❑ 30264 02/01/2023 02/01/2023 Hui Chuan Wang ® $3230.00 ❑ 30265 02/01/2023 02/01/2023 725-731 W. Duarte Rd, LLC ® $953.00 ❑ 30266 02/01/2023 02/01/2023 Nhan Nguyen and Amy Tran ® $2610.00 ❑ 30267 02/01/2023 02/01/2023 Paul P Simon ® $1582.00 ❑ 30268 02/01/2023 02/01/2023 Puente Villa LLC ® $924.00 ❑ 30269 02/01/2023 02/01/2023 RAMONA BLVD. FAMILY ® $6784.00 ❑ 30270 02/01/2023 02/01/2023 AJG Realty Inc. ® $1553.00 ❑ 30271 02/01/2023 02/01/2023 Maria Martha Martinez ® $1284.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report YR 02/06/2023 Page 4 ❑ 30272 02/01/2023 02/01/2023 Antonio & Aida Rinos ® $1727.00 ❑ 30273 02/01/2023 02/01/2023 Greater San Gabriel Valley Property ® $1054.00 ❑ 30274 02/01/2023 02/01/2023 Annette C Scott ® $1655.00 ❑ 30275 02/01/2023 02/01/2023 Denise Van Pham ® $3410.00 ❑ 30276 02/01/2023 02/01/2023 1024 Royal Oaks LP dba Whispering ® $17795.00 ❑ 30277 02/01/2023 02/01/2023 1024 Royal Oaks LP dba Whispering ® $4391.00 ❑ 30278 02/01/2023 02/01/2023 Derek Sim ® $971.00 ❑ 30279 02/01/2023 02/01/2023 Josephine Tran ® $1240.00 ❑ 30280 02/01/2023 02/01/2023 Allan M. & Virginia J Chipp and Ralph ® $2489.00 ❑ 30281 02/01/2023 02/01/2023 Amparo M Limon ® $201.00 ❑ 30282 02/01/2023 02/01/2023 Zi Jian Li ® $1943.00 ❑ 30283 02/01/2023 02/01/2023 Minh A Nguyen ® $864.00 ❑ 30284 02/01/2023 02/01/2023 Jaime Barcena ® $136.00 ❑ 30285 02/01/2023 02/01/2023 Monica D Mao ® $874.00 ❑ 30286 02/01/2023 02/01/2023 Shiu-Ein Huang ® $264.00 ❑ 30287 02/01/2023 02/01/2023 LAI MING LEUNG ® $506.00 ❑ 30288 02/01/2023 02/01/2023 The Promenade Housing Partners, LP ® $5567.00 ❑ 30289 02/01/2023 02/01/2023 Paramjit S Nijjar ® $2767.00 ❑ 30290 02/01/2023 02/01/2023 Rosa Beltran ® $1344.00 ❑ 30291 02/01/2023 02/01/2023 James Ronald Nguyen ® $1665.00 ❑ 30292 02/01/2023 02/01/2023 Takis Bogris ® $991.00 ❑ 30293 02/01/2023 02/01/2023 Diba Management Inc. ® $1298.00 ❑ 30294 02/01/2023 02/01/2023 Ynfante Holdings I, LLC ® $914.00 ❑ 30295 02/01/2023 02/01/2023 Roman Basin ® $678.00 ❑ 30296 02/01/2023 02/01/2023 Sandhya Kal and Padma Kal ® $1317.00 ❑ 30297 02/01/2023 02/01/2023 K. Carl and Zitta A Setian ® $1097.00 ❑ 30298 02/01/2023 02/01/2023 Nomer Lacson ® $1685.00 ❑ 30299 02/01/2023 02/01/2023 Anna & Simon Choi ® $1353.00 ❑ 30300 02/01/2023 02/01/2023 Chung Thi Pham ® $2184.00 ❑ 30301 02/01/2023 02/01/2023 Rosie Leon ® $1263.00 ❑ 30302 02/01/2023 02/01/2023 Roy Lam ® $1258.00 ❑ 30303 02/01/2023 02/01/2023 Golden Dragon Properties LLC c/o ® $1225.00 ❑ 30304 02/01/2023 02/01/2023 Nancy H Shen ® $726.00 ❑ 30305 02/01/2023 02/01/2023 Joe Clark ® $1176.00 ❑ 30306 02/01/2023 02/01/2023 Richard A DaSylveira ® $301.00 ❑ 30307 02/01/2023 12/09/2022 M B Equity LLC ® $3976.00 ❑ 30308 02/01/2023 02/01/2023 Sara Romo ® $1939.00 ❑ 30309 02/01/2023 02/01/2023 T & P Property LLC ® $876.00 ❑ 30310 02/01/2023 02/01/2023 Singing Wood Senior Housing LP ® $11425.00 ❑ 30311 02/01/2023 02/01/2023 Michael H Phuong ® $1093.00 ❑ 30312 02/01/2023 02/01/2023 Sitara B. Mamdani ® $1962.00 ❑ 30313 02/01/2023 02/01/2023 Joseph Pham ® $820.00 ❑ 30314 02/01/2023 02/01/2023 Garvey Senior Affordable Partners, LP ® $1848.00 ❑ 30315 02/01/2023 02/01/2023 Ryan Kinpong Woo and Ching King ® $892.00 ❑ 30316 02/01/2023 02/01/2023 Mei Yan Chen ® $1185.00 ❑ 30317 02/01/2023 02/01/2023 Tsz-Hong Yeung and Sin Kwan Lo ® $1385.00 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report YR 02/06/2023 Page 5 ❑ 30318 02/01/2023 02/01/2023 Shawn Hui Zhen ® $2688.00 ❑ 30319 02/01/2023 02/01/2023 Fred Lau to $994.00 Total $572,421.00 Average $1,156.41 Unit Count 482 Average Weighted by Unit Count $1,176.48 Hard to House Count 4 Copyright © 2011-2023, HAPPY Software, Inc. Check Register Report YR 02/06/2023 Page 6 ITEM NO. 2 , HUB;OF'0 ';, TO: � FROM: SAN GABRIEL VAI..�EY� DATE: Co �; �a"p QJAN„P�'���' SUBJECT Chair and Members of the Housing Authority Rose Tam, Director of Finance February 15, 2023 Treasurer's Report HA — December 2022 Attached is the Treasurer's Report for the month of December 2022. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for December 2022. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Exhibit "A", Treasurer's Report Treasurer's Report be submitted to the Mayor and Page 1 / 1 CITY OF BALOWN PARK TREASURERS REPORT 1213112022 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET 1L_ DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 2.173% Varies Varies $ 40,058,401.48 S 40,058,401.48 $ 40,0511,401.48 $ 40,058,4011AII Housing Authority 2A73% Varies Varies 14,209.07 14,209.07 14,209.07 14,209.07 072,610.55 46,072,61o55 ----40072,610.55 40,072,610.55 Certificate of Deposit Traditions Bancorp Inc. (Cambridge Investment Research) 4.65Y. 111412022 111412024 250,000.00 250,000,00 250,000.00 250,180,00 250,000.00 260'allu0 250,000,00 250,180,00 Federal Farm CR SKS Bond Mutual Securities 4.126% 912612022 1011712023 3,000,00axo 3,000,000.00 3,000,000all 2,982,570.00 3,00%000.00 3,000,00000 ___' 000,00 :00 2,982,570.00 US Bank -Debt Service Trustee Accounts Fiscal Agent Funds (Trust[Debi Service Fund) varies Vanes Varies 6,707,157.07 6,787,157.07 6,781,157:07 6,787,167.07 Fiscal Agent Funds -Successor Agency (Trustll)obtgervioe, Fund Varies Varies Varies 70,243.99 70,243.99 70,243.99 70,243.99 6,857,401.06 6,857,401.06 6,857,401.06 6,857,401.06 Total Investments $ 50,160,011x1 Cash with Bank of the West City Checking (General) 3,852,l36:96 Money Market Plus 12,235,924.36 City Miscellaneous Cash (WIC, PiR) 438,685.31 Successor Agency 110,676.91 Housing Authority 948,193.22 Total Cash with Bank of the West 17,685,616,76 Investment Brokerage (Gash & Gash Equivalents) 9,045_16 Total Cash and Investments S, 67,774,673e5 In accordance with AS X126,the Community Development Commission Is dissolved effective January 31, 2012. The successor agency name is "The City of Baldwin Park as Successor Agency to the Community Development Commission of the City of Baldwin Park". There was no Investment purchase transaction made for the month of December 2022 and no deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq, i hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all Investments are in Compliance to the City's Statement of Investment Policy. Approved by: Director of Finance