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12.06.23 Staff Report
i Agenda December06, 2023, 11 '' Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala 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 that, in the event of a technical issue causing a disruption in the call -in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Board Member is attending the meeting virtually pursuant to certain provisions of the Brown Act. Electronic devices are to be turned off while meetings are in session. How to watch The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channel/UCFLZO dDFRjy59rhiDZ13Fp/featured?view as=subscriber place at City Hall, 14403 E. Pacific http✓/baldwinpark.granicus.com/ViewPublisher.phPMew 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) 960-401.1. Public Comments The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. 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 commentsLq�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 detennined that the action does not constitute a "project" under CEQA. CALL TO ORDER ROLL CALL PUBLIC COMMUNICATIONS OPEN SESSION/STUDY SESSION Presentation — Store Modernization Project at the Baldwin Park Laidlaw Harley-Davidson Location presented by Brent Laidlaw RECESS CLOSED SESSION 1. 9 Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956 Case: DJCBP Corporation dba Tier One Consulting and David Ju Case: K8 Investor Holding, LLC vs City of Baldwin Park Case: Palp Inc., dba Excel Paving Company v. City of Baldwin Park, Los Angeles County Superior Court Case: Gabriela Cabrera v. City of Baldwin Park Los Angeles County Superior Court Case No. 2:23-cv-00384 Case No. 2:23-CV-02428-SVW(PVCx) Case No. 22LBCV00726 Case No. 23PSCV02656 Public Employee Performance Evaluation Pursuant to California Government Code, Section 54957: Title: Director of Community Development Housing Manager 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. 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 sguinonesLa)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) r t r Agenda a December �000r Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala 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 that, in the event of a technical issue causing a disruption in the call -in option or internet-based option, the meeting will continue unless otherwise required by law, such as when a Board Member is attending the meeting virtually pursuant to certain provisions of the Brown Act. Electronic devices are to be turned off while meetings are in session. How to watch The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online in 11 i Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channellUCFLZO dDFRiy59rhiDZ13Fa/featured?view as=subscriber place at City Hall, 14403 E. Pacific http://baldwinparkgranicus.com/ViewPubfisherphp?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) 960-401.1. Public Comments The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. 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 commentsgbaidwinpark.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. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE REPORT FROM CLOSED SESSION ANNOUNCEMENTS 1 OTOW LVAIrIcom"N6XKO7►l11lIplaI _r lrelownWnwlogy r_rIUsILN6y Presentation — Certificate of Recognition for the Administration Department Employees 20+ years of service PUBLIC COMMUNICATIONS CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Annual Comprehensive Financial Report (ACFR) For Fiscal Year 2021-22 It is recommended that the City Council receive and file the City of Baldwin Park's ACFR for the fiscal year ended June 30, 2022. 3. Meeting Minutes It is recommended that the City Council approve the following meeting minutes of the Finance Authority Board Meeting, Housing Authority Board Meeting Special City Council and Regular City Council Meetings held on November 15, 2023. 4. Implement and Update Written Policies and Procedures for Accounting and Financial Reporting Staff recommends that the City Council review and approve the following accounting and financial reporting policies and procedures as follows: 1. Federal Awards Management Policy 2. Monthly and Annual Closing Policy and Procedures 3. GASB 87 — Lease Policy and Procedures 4. GASB 96 — Subscription -Based Information Technology Policies and Procedures 5. Approve Appropriation of Additional Funds Within the Public Works Fleet Division Operations Budget for Replacement of Compressed Natural Gas (CNG) Tanks for Three Maintenance Work Utility Trucks. It is recommended that the City Council: 1. Approve appropriation of additional funds in the amount not -to -exceed $20,000 for Professional Services within Public Works Fleet Maintenance Division of FY23-24; and, 2. Authorize the Director of Finance to make the necessary appropriation, budget adjustments. 6. Accept Grant Award from Foothill Transit for the Bus Stop Enhancement Program (BSEP) Staff recommends that the City Council: 1. Approve to accept Foothill Transit's Bus Stop Enhancement Program's (BSEP) Grant in the amount of $40,000; and 2. Authorize the Mayor to execute the Agreement with Foothill Transit; and 3. Authorize the Director of Public Works to finalize all associated documents with the grant; and 4. Authorize the Director of Finance to appropriate grant funds and make necessary changes to the budget. 7. Request Appropriation of Funds for Utilities at Ezperanza Villa and Serenity Homes It is recommended that the City Council to: 1. Authorize the Director of Finance to appropriate $50,600 from the ARPA funds allocated to the Senior Trips and Events Reimbursement Program to fund utilities for Esperanza Villa and Serenity Homes and make necessary budget adjustments; and 2. Authorize the Director of Finance to appropriate $22,500 from the ARPA funds allocated to the Senior Trips and Events Reimbursement Program to fund utilities for Serenity Homes and make necessary budget adjustments if PLHA funds are not approved. 8. Approve and Adopt Resolution No. 2023-043 of the City of Baldwin Park adopting an inventory report of excess, exempt, and non-exempt surplus land pursuant to government code section 50569. It is recommended that the City Council: 1. Accept the Inventory Report of excess, exempt and non-exempt surplus lands, pursuant to Government Code 54221, 2. Adopt Resolution No. 2023-043 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING AN INVENTORY REPORT OF THE CITY'S SURPLUS AND EXCESS LAND, PURSUANT TO GOVERNMENT CODE SECTION 54230' ; and 3. Authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code 54230(a)(1). CEQA REVIEW: The actions contemplated by this report do not constitute a project within the meaning of section 15378 of the State of California Environmental Quality act ("CEQA") guidelines, because they have no potential for resulting in physical change in the environment, directly or indirectly. The actions do not authorize any specific development or installation on any specific piece of property within the city's boundaries. Moreover, when and if a development application is submitted, the city will at that time conduct a preliminary review of the application in accordance with CEQA. Alternatively, even if the above - described actions are a "project" within the meaning of State CEQA Guidelines Section 15378, such actions would be exempt from CEQA review under the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. (State CEQA Guidelines, Section 1.5061(b)(3).) 9. Consideration of the Nomination to Name Maine Avenue Mini Park It is recommended that the City Council consider the nomination to name Maine Avenue Mini Park or provide alternative direction. 10. Funding Assistance For the Baldwin Park Eastside Little League Youth Organization- To Reopen Following Temporary Closure Due to Covid-19 Impacts It is recommended that the City Council: 1. Find that it is in the City's best interest to provide financial support to the Baldwin Park Eastside Little League to resume operations and provide valuable youth sports services to our community. 2. Authorize the Director of Finance to appropriate $13,000 from anticipated potential savings from the America Rescue Plan Act (ARPA) Funds, Account No. 275-50-755- 58100-55026, allocated to the Toilet Replacement Program, and to make necessary funding adjustments. 3. Authorize the Chief Executive Officer and the Director of Finance to issue a check to Eastside Little League for the amount of $13,000. 4. Authorize the Chief Executive Officer to make any technical adjustments to carry out the direction of the City Council. 11. Adoption of Resolution No. 2023-039 to Approve Commercial Cannabis Agreement No. 23- 03 and Cannabis Permit Application No. 23-02 to Amend the Ownership Parties of the Existing Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone (Location: 13460 Brooks Drive, APN 8535-024-018); Applicant: Green Health Industries, LLC; Case Number: CCA 23-03 for CAN 23-02). It is recommended that the City Council adopt Resolution No. 2023-039 approving Commercial Cannabis Agreement No. 23-03 and Cannabis Permit Application No. 23-02 to Amend the Ownership Parties of the Existing Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone (Location: 13460 Brooks Drive, APN 8535-024-018); Applicant: Green Health Industries, LLC; Case Number: CCA 23-03 for CAN 23-02). CEQA REVIEW: In accordance with the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed CCA No. 23-03 and CAN 23-02 will not have a significant impact of the environment and is categorically exempt pursuant to the California Code of Regulations, Article 19, Section 15301, Class 1, `existing facilities.' Furthermore, the proposed facility is within an existing industrial building, which is in conformity with the City Planning and Land Use requirements, as set forth in the BPMC. 12. Approve and Adopt Resolution No. 2023-044 casting its votes for the Water Quality Authority (WQA) Board Member Representing Cities without Pumping Rights It is recommended that the City Council approve and adopt Resolution No. 2023-044 entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CASTING IT VOTE(S) FOR COUNCIL.MEMBER VALERIE MUNOZ TO REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY". 13. Susan Rubio Zocalo Park Retail Tenant Search Update. Staff recommends that the City Council receive and file this report. 1.4. Consideration for Approval Memorandum of Agreement (1VMOA) between the San Gabriel Valley Council of Governments (SGVCOG), Heart of Compassion Distribution, and the City of La Canada Flintridge Participating in the Food Recovery Hub Program It is Staff's recommendation that the City Council: 1. Authorize the Chief Executive Officer to execute the MOA between the City of Baldwin Park, SGVCOG, City of La Canada Flintridge, and the Heart of Compassion Distribution to establish a purchase equipment transfer of ownership and associated responsibilities for all parties; and, 2. Authorize the Director of Public Works to process the necessary documents. 15. Approval of Amendment Number 2 to the Grant Agreement with Oath to Country Foundation (OTCF) to repair the last senior Veteran home as part of the Home Rehabilitation Pilot Program with the City of Baldwin Park. It is recommended that the City Council authorize the Chief Executive Officer to execute an amended Grant Agreement with Oath to Country (OTCF) subject to any non -substantive changes made by the CEO and City Attorney. 16. Consider Approval of Amendment No. 2 to the Maintenance Services Agreement (MSA) With Yunex LLC for Traffic Signal and Street Light Maintenance Services Staff recommends that Council: 1. Approve Amendment No. 2 to the Maintenance Services Contract with Yunex for Traffic Signal and Street Light Maintenance Services, extending the term contract for an additional two (2) years and adjusting rates by 5% for Fiscal Year 2023-24 and 2.5% for Fiscal Year 2024-25 due to CPI increase; and, 2. Approve an increase to the annual not -to -exceed contract amount from $100,000 to $105,000 due to the CPI increase; and 3. Authorize the Mayor and City Clerk to execute Amendment No. 2; and, 4. Authorize the Finance Director to make necessary budget adjustments per the increase of rates to allow payments approved FY 2023-24. PUBLIC HEARING 17. Conduct a Public Hearing and Adopt of Resolution No. 2023-040 "A Resolution of the City Council of the City of Baldwin Park, California, Ordering Vacationing of an Alley Between Bogart Avenue and Downing Avenue Pursuant to Streets and Highways Code 8300-8325." It is recommended that the City Council: 1. Hold a Public Hearing and consider all public testimony regarding this matter; and, 2. Waive further reading, read by title only and adopt Resolution No. 2023-040 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING VACATIONING OF AN ALLEY BETWEEN BOGART AVENUE AND DOWNING AVENUE PURSUANT TO STREETS AND HIGHWAYS CODE 8300-8325." 18. A request for consideration and recommendation of approval of a Zoning Code Amendment to reduce the minimum number of hotel rooms, a Conditional Use Permit for the operation of a Hotel (Extended Stay America), Variance to reduce the number of required parking spaces, and a Design Review for architectural, parking lot, and landscaping improvements. (Location: 14624 Dalewood Street; Applicant: Lisette Sanchez -Mendoza - MIG for Sonjay Patel and Jayesh Patel of SNS Hotels and Zyra Hospitality, LLC; Case Numbers: AZC 22- 03, CP 22-11, ZV-22-07, PR 22-46). It is recommended that the City Council 1. Open and conduct a Public Hearing; and 2. Adopt City Council Resolution 2023-041 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970"; AND 3. Waive further reading, read by title only and introduce Ordinance 1508 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 153.120.310 (B) OF CHAPTER 153 TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO THE MINIMUM NUMBER OF HOTEL AND MOTEL GUEST ROOMS"; AND 4. Adopt City Council Resolution 2023-042 entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT (CP 22-11) FOR THE OPERATION OF A HOTEL, A VARIANCE (ZV 22-07) TO DEVIATE FROM THE MINIMUM NUMBER OF REQUIRED PARKING SPACES, AND DESIGN REVIEW (PR 22- 46) TO FACILITATE THE RENOVATION AND REOPENING OF AN EXISTING VACANT HOTEL AS AN EXTENDED STAY AMERICA". CEQA REVIEW: The initial study prepared for the Project disclosed that the Project will have a significant impact on the environment. Mitigation measures have been incorporated into the project's design and as conditions of approval to reduce impacts on the environment to a less than significant level. A Mitigated Negative Declaration of Environmental Impact (MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Notice of Intent to Adopt a Mitigated Negative Declaration was sent on October 4, 2023, to the California Office of Planning and Research and the County Clerk, County of Los Angeles. Also, the MND was circulated for public review and comment for 20 days, starting on October 5, 2023, and ending on October 24, 2023. The MND is provided herein as Attachment #6. On October 5, 2023, legal notice was published in the Baldwin Park Press, posted at City Hall and the City of Baldwin Park website. Public Hearing Notices/Notice of Intent were also mailed to the property owners and occupants within a 300-foot radius of the subject property. No comments were received by the City during the public review period. REPORTS OF OFFICERS 19. Authorize the Addition of Three (3) Patrol Vehicles to the City's Vehicle Lease Program It is recommended that the City Council: 1. Authorize the addition of three (3) new police vehicles to the City's Lease Program; and, 2. Authorize the Finance Director to appropriate FY 2023/24 budgeted funds for CIP No. 24- 029-15727/59003 in the amount of $96,000 from Acct. #402-50-591-58140-15727 and #402-50-591-58110-59003; and, 3. Authorize the Director of Public Works to add three (3) vehicles to the lease program and process the necessary documents. 20. Reorganization of the City Council — Selection of Mayor Pro Tempore for the 2024 Calendar Year It is recommended that the City Council complete the reorganization of the City Council and follow procedures as suggested for the selection of Mayor Pro Tempore as follows: 1. The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required; and 2. After receiving nominations, the City Clerk closes the nominations; and 3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. 21. Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancies for the Recreation and Community Services Commission. It is recommended that the City Council review all commission applications for the Recreation and Community Services Commission and make respective appointments. 22. Approval of an Exception to the 180-Day California Employees' Retirement System (Ca1PERS) Wait Period for a Retired Annuitant Under Government Code Sections 7522.56 and 21224 and Authorization to Execute an Employment Agreement with Mark Hsu to fill a Critical Need in the Information Systems Division of the Administration Department Staff recommends that the City Council: 1. Approve and adopt Resolution No. 2023-038 approving an exemption to the 180-day Ca1PERS waiting period for a retired annuitant, in accordance with Government Code Sections 7522.56 and 21224. 2. Authorize the Chief Executive Officer and Human Resources/Risk Manager to reinstate Mark Hsu as a retired annuitant prior to the 180-day wait period and provide authorization to execute an Employment Agreement with Mark Hsu at a rate of $62.4299 per hour through December 31, 2024, and may end sooner, to fill a critical need in the Information Systems Division. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION SA 1. Approval Of The Recognized Obligation Payment Schedule (ROPS 24-25) For The Period From July 1, 2024 To June 30, 2025 And Administrative Budget It is recommended that the City Council, as governing body of the SA: 1. Approve the estimated RODS 24-25 for the period of July 1, 2024 through June 30, 2025; and, 2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2024-25; and, 3. Adopt Resolution No. SA 2023-003 4. Direct staff to proceed with submitting the final ROPS 24-25 to the LA County First District Consolidated Oversight Board for approval no later than December 18, 2023 for the Board meeting on January 8, 2024; and, 5. Send the approved ROPS 24-25 to the County Executive Office, County Auditor Controller, the State Controller, and DOF by February 1, 2024; and, 6. Instruct staff to post the approved ROPS 24-25 on the City's website after the LA County First District Consolidated Oversight Board approves the ROPS 24-25. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Councilmember Damian seeks consensus from Council to: Request that two (2) members of the City Council volunteer to form an ad hoc committee to review the City's Cannabis Licensing Program. CEO Enrique C. Zaldivar • Verbal update on the status of the Operations Contract at Esperanza Villa. 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. Christopher Saenz City Clerk For further inforination regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at sauinonesL&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) ITEM NO. 1 Paz TO: rHE,,� t FROM: s,ara;B'EL PREPARED BY: DATE: SUBJECT: Honorable Mayor and Members of the City Council Rose Tam, Director of Finance Ana Zhang, Senior Finance Clerk December 6, 2023 City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $604,185.02 and the attached General Warrants Register was $2,202,918.63 for a total amount of $2,807,103.65. 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 202169 to 2021.83 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 43659 to 43937 for the period October 29, 2023 through November 1.1, 2023 inclusive; these are presented and hereby ratified in the amount of $604,185.02. 2. General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $671,298.48 and checks from 243691 to 243963 in the amount of $1,531,620.15 for the period of November 7, 2023 to November 27, 2023, inclusive; in the total amount of $2,202,918.63 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 �T_*#o" . Payment Number 1038 1038 1039 243691 243692 243693 243693 243694 243695 243696 243697 243698 243699 243699 243699 243699 243700 243701 243702 243703 243704 243704 243704 243704 243704 243704 243704 243704 243704 243704 243704 243704 243704 243704 243704 243704 243704 243705 243705 243705 243706 243706 243706 243706 243706 243706 243707 243707 243707 243707 243708 243708 243708 243708 243709 243709 City of Baldwin Park, CA Check Register By (None) Payment Dates 11/7/2023 - 11/27/2023 Payment Date Vendor Name Description (Item) Account Number Amount 11/17/2023 BALDWIN PARK PDA POLICE SWORN DUES 100-00-000-21219-00000 S 6,658.86 11/17/2023 BALDWIN PARK POA POLICE NON -SWORN DUES 100-00-000-21219-00000 $ 1,331.76 11/17/2023 CALIFORNIA NEWSPAPERS PARTNERSHIP NOTICE INVITING BIDS FOR 9/28/2023-10/5/2023 258-50-520-58100-55001 $ 2,532.11 11/07/2023 FOOD 4 LESS FOOD FOR FREE SENIOR MEAL-MONTH417-ADVANCED PYMT 275-60-713-53100-16075 $ 16,758.60 11/07/2023 FOOD 4 LESS TURKEY -SENIOR MEAL PROGRAM -MONTH 17-ADVANCED PYMT 275-60-713-53100-16075 $ 8,353.80 11/07/2023 CWS SYSTEMS INC. CONSTRUCTION CONTRACT FOR FOSTER AVE-CIP 21-190 255-50-520-58100-15105 $ 154,366.34 11/07/2023 CWS SYSTEMS INC. CONSTRUCTION CONTRACT FOR FOSTER AVENUE 258-50-520-58100-15105 $ 53,568.60 11/09/2023 A AND C ROOFING INC REFUND ADMIN FEE-4635 LARRY AVE-BLDG-0923-2589 246-50-000-42514-00000 $ 75.00 11/09/2023 ABIGAIL AVENDANO ARPA BASIC REGIS. REFUND WEEK#5-WEEK48, FY 23/24 275-60-734-53370-16077 $ 666.00 11/09/2023 ABSOLUTE SECURITY INTERNATIONAL CORP SECURITY SRVC-STREET MARKET 9/14/2023 501-60-000-22328-16101 $ 556.80 11/09/2023 ACCESS CONTROL SECURITY INC. SECURITY GUARD SERVICES 9/23 & 9/30/2023 501-60-000-22328-00000 $ 778.14 11/09/2023 ALBA VALDEZ RENTAL DEPOSIT REFUND FOR JULIA MCNIELL 10/28/23 501-60-000-22333-00000 $ 300.00 11/09/2023 ARAMARK UNIFORM SERVICES UNIFORM SRVC FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 18.48 11/09/2023 ARAMARK UNIFORM SERVICES UNIFORM SRVC FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 18.48 11/09/2023 ARAMARK UNIFORM SERVICES UNIFORM SRVC FOR BUILDING MAINTENANCE 252-60-620-53100-00000 $ 18.48 11/09/2023 ARAMARK UNIFORM SERVICES UNIFORM SRVC FOR BUILDING MAINTENANCE 252-60-620-53100-00000 $ 18.48 11/09/2023 ASUNCION VALDEZ REIM-SENIOR TRIP-REDONDO BEACH-8/30/2023 275-60-726-53370-16074 $ 20.00 11/09/2023 AUTOMATION SOLUTIONS, INC. 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PURCHASE OF BOARDS FOR THE BIG DALTON WASH IMPROVE 100-60-620-53100-00000 S 447.35 11/09/2023 HMO BANK N.A. ZEBRA SERIES 7 DUAL SIDED ID CARD PRINTER -SENIOR C 100-60-630-53100-00000 $ 2,348.87 11/09/2023 HMO BANK N.A. NETFLIX MONTHLY FEE AT SENIOR CENTER -I 0/20-11/19 100-60-630-53330-00000 S 3.88 11/09/2023 HMO BANK N.A. NETFLIX MONTHLY FEE - SENIOR CENTER-9/29-10/19 100-60-630-53330-00000 $ 2.69 11/09/2023 HMO BANK N.A. NETFLIX MONTHLY FEE AT TEEN CENTER- 10/20-11/19 100-60-660-53330-00000 S 11.86 11/09/2023 HMO BANK N.A. NETFLIX MONTHLY FEE - TEEN CENTER-9/29-10/19 100-60-660-53330-00000 $ 7.42 11/09/2023 HMO BANK N.A. NETFLIX MONTHLY FEE-BARNES PARK-9/29-10/19 100-60-670-53330-15100 S 2.69 11/09/2023 HMO BANK N.A. NETFLIX MONTHLY FEE AT BARNES PARK-10/20-11/19 100-60-670-53330-15100 $ 3.87 11/09/2023 HMO BANK N.A. NETFLIX MONTHLY FEE AT ARC-10/20-11/19/2023 100-60-680-53330-00000 S 3.87 11/09/2023 HMO BANK N.A. 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SACNNF,R, ADAPTER, USB AND PRINTER -FINANCE 401-10-140-53390-00000 $ 208.41 11/09/2023 BOWMAN INFRASTRUCTURE ENGINEERS LTD DESIGN SERVICES-MORGAN PARK RESTROOM-AUG2023 275-60-706-58100-55027 $ 11,480.00 11/09/2023 BOWMAN INFRASTRUCTURE ENGINEERS LTD DESIGN SERVICES-MORGAN PARK RESTROOM-SEP2023 275-60-706-58100-55027 $ 5,260.00 Page 1 of 10 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 243710 11/09/2023 CAL BLEND SOILS INC REISSUE CHECK FOR BULK LANDSCAPE PRODUCTS 251-50-560-53100-00000 $ 1,635.20 243711 11/09/2023 CARLOS VALLE CITYWIDE JANITORIALSRVC CITY FACILITIES-OCT2023 100-60-620-53371-00000 $ 5,200.00 243711 11/09/2023 CARLOS VALLE CITYWIDE JANITORIALSRVC CITY FACILITIES-OCT2023 245-60-620-53371-15882 $ 1,300.00 243711 11/09/2023 CARLOS VALLE CITYWIDE JANITORIALSRVC CITY FACILITIES-OCT2023 252-60-620-53371-00000 $ 6,898.00 243712 11/09/2023 CHRISTOPHER SAENZ MILEAGE REIMBURSEMENT ( 117 X 2 MILES) 100-10-120-53350-00000 $ 153.27 243712 11/09/2023 CHRISTOPHERSAENZ PERDIF,M12/13-15/2023 100-10-120-53350-00000 $ 145.00 243713 11/09/2023 COMMERCIAL DOOR OF ANAHEIM INC REPAIRS -THE FRONT GATE @ SENIOR HOUSING-10/10/2023 100-60-620-53371-00000 $ 550.51 243714 11/09/2023 CWE DESIGN SRVC-BARNES PARK REGIONAL-7/1-8/31/2023 258-50-520-58100-55001 $ 27,036.53 243715 11/09/2023 DATA TICKET, INC. 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SOUND LEVEL METER&CALIBRATOR KIT ITEM#161D41 100-40-460-53100-00000 $ 533.89 243724 11/09/2023 HELEN 11 LIERNANDEZ MATERIALS -TIME DAY OF THE DEAD&TREE LIGHTING EVENT 100-60-610-53100-16105 $ 171.70 243724 11/09/2023 HELEN H HERNANDEZ MATERIALS -THE DAY OF THE DEAD&TREE LIGHTING EVENT 100-60-680-53100-00000 $ 48.91 243725 11/09/2023 HOT PEPPERS PRODUCTIONS ENTERTAINMENT FOR VETERANS DAY CEREMONY 11/11/2023 100-60-610-51101-16149 $ 1,300.00 243726 11/09/2023 INLAND EMPIRE STAGES, LTD TRANSPORTATIONS SERVICES10/18/2023 275-60-726-51101-16074 $ L081.98 243727 11/09/2023 IRMA MONTANO REFUND OXNARD SALSA TEST IRMA MONTANO 7/29/2023 501-60-000-22327-00000 $ 15.00 243728 11/09/2023 JAMES R STONE LOCK CHANGES, KEY COPIES& DOOR REPAIRS 10/16/2023 l 00-60-620-53371-00000 $ 1,608.60 243729 11/09/2023 JC'S PLUMBING & BACKFLOW SVC PLUMBING REPAIRS AT CITY FACILITIES-10/21/2023 100-60-620-53371-00000 $ 175.00 243729 11/09/2023 JC'S PLUMBING &BACKFLOW SVC PLUMBING REPAIRS AT CITY FACILITIES-]0/21/2023 100-60-620-53371-00000 $ 150.00 243729 11/09/2023 JC'S PLUMBING & BACKFLOW SVC PLUMBING REPAIRS AT CITY FACILITIES-10/21/2023 100-60-620-53371-00000 $ 225.00 243729 11/09/2023 JC'S PLUMBING &BACKFLOW SVC PLUMBING REPAIRS AT CITY FACILITIES-]0/21/2023 100-60-620-53371-00000 $ L002.11 243729 11/09/2023 JC'S PLUMBING & BACKFLOW SVC PLUMBING REPAIRS AT CITY FACILITIES-10/21/2023 252-60-620-53371-00000 $ 237.47 243729 11/09/2023 JC'S PLUMBING &BACKFLOW SVC PLUMBING REPAIRS AT CITY FACILITIES-]0/21/2023 252-60-620-53371-00000 $ 622.62 243729 11/09/2023 JC'S PLUMBING & BACKFLOW SVC PLUMBING REPAIRS AT CITY FACILITIES 252-60-620-53371-00000 $ 75.00 243729 11/09/2023 JC'S PLUMBING & BACKFLOW SVC PLUMBING REPAIRS AT CITY FACILITIES 252-60-620-53371-00000 $ 345.52 243729 11/09/2023 JC'S PLUMBING & BACKFLOW SVC PLUMBING REPAIRS AT CITY FACILITIES-10/21/2023 252-60-620-53371-00000 S 112.50 243729 11/09/2023 JC'S PLUMBING & BACKFLOW SVC PLUMBING REPAIRS AT CITY FACILITIES 252-60-620-53371-00000 $ 159.00 243730 11/09/2023 JEREMY CROSS PER DIEM FOR MANAGEMENT COURSE NOV.27-DEC. 1 ,2023 100-30-310-53200-00000 $ 333.00 243731 11/09/2023 JESSICA LOPEZ REFUND -CLASS CANCELLATION-CAMILA LOPEZ 100-60-000-42600-00000 $ 47.00 243732 11/09/2023 JIMMY WONG MATERIALS-PUMPKING CARVING&HALLOWEEN EVENT@COMMUNI 100-60-610-53100-00000 $ 854.71 243733 11/09/2023 JOHN L HUNTER & ASSOCIATES INC CONSULTANT SERVICES-CITY'S NPDES STORM IN JULY2023 258-50-510-51100-15400 $ 904.12 243733 11/09/2023 JOHN L HUNTER & ASSOCIATES INC CONSULTANT SERVICES-CITY'S NPDES STORM IN AUG2023 258-50-510-51100-15400 $ 368.75 243734 11/09/2023 JOSE AVILA REFUND 4832 BLEECKF,R AVE. SECURITY DEPOSIT 246-00-000-22540-00000 $ 300.00 243735 11/09/2023 KEYSTONE UNIFORMS SUPPLIES FOR PATROL-VELEBIL 100-30-340-53100-00000 S 2,204.45 243735 11/09/2023 KEYSTONE UNIFORMS SUPPLIES FOR PATROL-VELEBIL 100-30-340-53100-00000 $ 104.46 243735 11/09/2023 KEYSTONE UNIFORMS UNIFORMS FOR FRANCES MITRE 100-30-340-53100-00000 $ 103.52 243735 11/09/2023 KEYSTONE UNIFORMS UNIFORMS FOR SAMUEL GARCIA 100-30-340-53100-00000 $ 1,709.59 243736 11/09/2023 KRYSTAL ROMAN PER DIEM FOR LEAGUE OF CA CITIES DEC. 13-15,2023 100-10-120-53350-00000 $ 145.00 243737 11/09/2023 LEWIS ENGRAVING INC 2 ENGRAVED COLORED SIGNS 100-60-620-53100-00000 $ 110.25 243738 11/09/2023 LIGHTBOX PARENT, L.P. CONTINUATION GOVGLARITY GIS SUBSCRIPTION-FY23/24 100-40-400-51100-15548 $ 1,000.00 243738 11/09/2023 LIGHTBOX PARENT, L.P. CONTINUATION GOVGLARITY GIS SUBSCRIPTION-FY23/24 100-40-460-51100-15548 $ 2,000.00 243738 11/09/2023 LIGHTBOX PARENT, L.P. 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CONTINUATION GOVGLARITY GIS SUBSCRIPTION-FY23/24 245-50-510-51100-15548 $ 4,500.00 243739 11/09/2023 LOS ANGELES COUNTY PUBLIC WORKS SAB GABRIEL RIVER GREENWAY PROJECT FCDP2021000305 245-50-520-58100-15093 $ 359.41 243739 11/09/2023 LOS ANGELES COUNTY PUBLIC WORKS PL,CK PROJECT 9705 WATER CAPTURE BALDWIN PARK 258-50-520-58100-55001 $ 1,641.79 243740 11/09/2023 MANUEL CARRILLO, JR PURCHASE OF COLORED FLYERS FOR HOLIDAY PARADE 100-60-610-53320-16148 $ 481.80 243741 11/09/2023 MEISTER SEALCOAT & SUPPLIES LLC HIGH PERFORMANCE POTHOLE PATC11 240-50-551-53100-15705 $ 1,241.04 243742 11/09/2023 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHERS ANNUAL SERVICE 8/14/23 100-60-620-53371-00000 $ 506.40 243742 11/09/2023 MIL,LER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHERS ANNUAL SERVICE 8/21/23 I00-60-620-53371-00000 $ 168.10 243742 11/09/2023 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHERS ANNUAL SERVICE 8/23/23 100-60-620-53371-00000 $ 936.51 243742 11/09/2023 MILL.ER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHERS ANNUAL SERVICE 8/24/23 252-60-620-53371-00000 $ 45.00 243742 11/09/2023 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHERS ANNUAL SERVICE 8/25/23 100-60-620-53371-00000 $ 0.60 243742 11/09/2023 MILL.ER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHERS ANNUAL SERVICE 8/25/23 252-60-620-53371-00000 $ 292.36 243742 11/09/2023 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHERS ANNUAL SERVICE 8/25/23 252-60-620-53371-00000 $ 585.28 243742 11/09/2023 MILL.ER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHERS ANNUAL SERVICE 9/26/23 252-60-620-53371-00000 $ 688.98 Page 2 of 10 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 243743 11/09/2023 MIRIAM CARAVEO ARPA REIM-BASIC REGIS-FOSTER ELEM 9/11-10/6/2023 275-60-734-53370-16077 $ 475.00 243744 11/09/2023 MONICA MARTINEZ REIMBURSEMENT FOR JULIA MCNIEL.. 10/14/23 501-60-000-22333-00000 $ 300.00 243745 11/09/2023 NATALIE CARAVANTES PAYMENT FOR PICTURES AT YOUTH SPORTS AWARDS 501-60-000-22326-00000 $ 400.00 243746 11/09/2023 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 401-10-141-53100-11505 $ 52.32 243746 11/09/2023 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES 401-10-141-53100-11505 $ 75.86 243747 11/09/2023 PERLA D. 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WEBER ARP SENIOR TRIP-REIM FOR REGIS-SENIOR PROM 10/6/23 275-60-726-53370-16074 $ 50.00 243850 11/16/2023 THE DRALA PROJECT INC INVOICE 6728 DELL DVD DRIVES 401-10-140-53390-00000 $ 361.29 243851 11/16/2023 TRIPEPI,SMITH AND ASSOCIATES, INC COMMUNICATIONS&SOCIAL MEDIA - OCT 2023 230-10-1 10-51100-1 1402 $ 2,357.50 243852 11/16/2023 THAN LUONG REFUND FOR SWIM LESSONS FOR SEDONA LUONG 100-60-000-42600-00000 $ 47.00 243853 11/16/2023 VANESSAPEREZ ARPA REIM-REGISTRATION-TUFF KIDZ 10/05-10/26 275-60-734-53370-16070 $ 100.00 243854 11/16/2023 VIRGINIA MARIA LIERNANDEZ ARP SENIOR TRIP-REIM FOR REGIS-SENIOR PROM 10/6/23 275-60-726-53370-16074 $ 25.00 243855 11/16/2023 VISITACION NARZABAL ARP SENIOR TRIP-REIM FOR REGIS-SENIOR PROM 10/6/23 275-60-726-53370-16074 $ 25.00 243856 11/16/2023 WASTE MANAGEMENT COLLECTION AND RECYCLING, INC CNG FUEL FOR CITY VEFIICLES 402-50-590-53110-16140 $ 4,020.42 243857 11/16/2023 WCS DISTRIBUTING, INC. REPLACE SUPPLIES STOCK -PARK LANDSCAPE 251-50-560-53371-00000 $ 155.00 243858 11/16/2023 YOLANDA ESPINOSA ARPA REIM-REGISTRATION-SWIM LESSONS-10/9-25/2023 275-60-734-53370-16070 $ 94.00 243859 11/16/2023 YOLANDA MILLANO ARP SENIOR TRIP-REIM FOR REGIS-SENIOR PROM 10/6/23 275-60-726-53370-16074 $ 25.00 243860 11/16/2023 YUAN ZHOU REFUND C&D - B00-022-153 - 4641 STEWART AVE 246-00-000-22540-00000 $ 300.00 243861 11/16/2023 ZULMAAPARICIO REFUND -RENTAL DEPOSIT-BARNES PARK- 10/29/2023 501-60-000-22333-00000 $ 100.00 243862 11/16/2023 ANA KARINA RUEDA REIM FOR CAKES (DESERTS FOR HALLOWEEN LUNCHEON) 100-10-150-53370-11123 $ 68.96 243863 11/16/2023 BMO BANK N.A. REPLENISHMENT FOIL TRANSPONDERS 100-30-310-51101-00000 $ 0.45 243863 11/16/2023 BMO BANK N.A. REPLENISHMENT FOR TRANSPONDERS 100-30-310-51101-00000 $ 45.00 243863 11/16/2023 BMO BANK N.A. REPLENISHMENT FOR TRANSPONDERS l 00-30-310-51101-00000 $ 45.00 243863 11/16/2023 BMO BANK N.A. FOOD FOR STATE OF DEPARTMENT MEETING 100-30-310-53100-00000 $ 670.00 243863 11/16/2023 BMO BANK N.A. TRAINING FOR LT CROSS 10/15-19/2023 100-30-310-53200-00000 $ 588.92 243863 11/16/2023 BMO BANK N.A. REFUND FROM HILTON CONCORD 10/09/2023 100-30-310-53200-00000 S (205.57) 243863 11/16/2023 BMO BANK N.A. TRAINING FOR LT MARTIN 10/14-15/2023 100-30-310-53200-00000 $ 224.27 243863 11/16/2023 BMO BANK N.A. REFUND FROM HILTONSAC ARDEN 8/24/2023 100-30-310-53200-00000 S (33.00) 243863 11/16/2023 BMO BANK N.A. TRAINING -DEFECTIVE 1P AND FTO KIM(OTS) 11/6-7/2023 271-30-350-53200-17224 $ 436.30 243864 11/16/2023 BMO BANK N.A. PARMA-MEMBERSHIP 100-10-150-53330-00000 $ 300.00 243864 11/16/2023 BMO BANK N.A. FOOD FOR HALLOWEEN LUNCHEON 100-10-150-53370-11123 $ 404.87 243864 11/16/2023 BMO BANK N.A. FLOWERS FOR CENTERPIECES FOR HALL.OWEEN EVENT 100-10-150-53370-11123 $ 29.77 243864 11/16/2023 BMO BANK N.A. 20-AT HOME COVID TESTING 403-10-160-51101-00000 $ 220.28 243864 11/16/2023 BMO BANK N.A. BLACK FACE MASKS 403-10-160-51101-00000 $ 81.75 243865 11/16/2023 CAL LAND ENGINEERING AND ASSOCIATES, INC. LAND SURVEYING SERVICES FOR ZOCALO PARK AUG.2023 270-50-520-58100-55022 $ 4,000.00 243866 11/16/2023 COUNTY OF LOS ANGELES DEPARTMENT OF ANIMAL CARE & CONTROL. ANIMAL CONTROL SERVICES FOR SEP.2023 275-30-712-51100-13250 S 76,789.94 243867 11/16/2023 CWE DESIGN SERVICES FOR BARNES PARK REGIONAL SEP.2023 258-50-520-58100-55001 $ 1,741.28 243868 11/16/2023 DOOLEY ENTERPRISES, INC. AMMUNITION FOR PATROL 100-30-310-53100-00000 $ 18,710.79 243869 11/16/2023 EWING IRRIGATION, INC. IRRIGATION SUPPLIES FOR LANDSCAPED AREAS 251-50-562-53100-00000 $ 4,743.91 243869 11/16/2023 EWING IRRIGATION, INC. IRRIGATION SUPPLIES FOR LANDSCAPED AREAS 251-50-562-53100-00000 $ 334.65 243869 11/16/2023 EWING IRRIGATION, INC. IRRIGATION SUPPLIES FOR LANDSCAPED AREAS 251-50-562-53100-00000 $ 1,592.16 243870 11/16/2023 GREG RUVOLO 1 MONTH RENTAL FOR FIRE LOCATED AT 4262 ELTON AVE. 403-10-000-46950-11320 S 500.00 243871 11/16/2023 HUE, COREN & CONE CONTRACT SERVICES PROPERTY TAX:.IUL.-SEP. 2023 100-25-299-51100-00000 $ 3,325.40 243872 11/16/2023 JING XU REFUND C&D 3644 PUENTE AVE. 246-00-000-22540-00000 S 535.00 243873 11/16/2023 JOSE NAVARRO REFUND FOR OVERCHARGED BY LA COUNTY RECORDER 100-25-299-51101-00000 $ 36.00 243874 11/16/2023 JUST REWARDS GIFT CARDS FOR EMPLOYEE TRANSPORTATION PROGRAM 231-50-540-53120-00000 $ 137.50 243875 11/16/2023 LA CANADA DESIGN GROUP INC CONSTRUCTION ADMINISTRATION SERVICES FOR JULY 2023 270-50-520-58100-55022 $ 9,566.56 243876 11/16/2023 LOS ANGELES COUNTY PUBLIC WORKS SAN GABRIEL RIVER BIKEWAY PROJECT FLOOD PERMIT 245-50-520-58100-15538 $ 2,161.00 243877 11/16/2023 LOS ANGELES COUNTY SHERIFFS DEPARTMENT CASE# CVMV230027-ANDRES A VILLALOBOS 100-00-000-21225-00000 $ 710.22 243878 11/16/2023 LUZ LOPEZ REFUND C&D 4519 MERCED AVE. 246-00-000-22540-00000 $ 300.00 243878 11/16/2023 LUZ LOPEZ REFUND C&D 4515 ,MERCED AVE 246-00-000-22540-00000 $ 300.00 243879 11/16/2023 MARIO BALLADARES REFUND C&D 3644 PUENTE AVE. 246-00-000-22540-00000 $ 535.00 243880 11/16/2023 MARIPOSA LANDSCAPES INC. MAINTAIN SELECTED LANDSCAPED AREAS CITYWIDE OCT.23 251-50-560-51100-00000 $ 8,333.33 243881 11/16/2023 MERRIMAC ENERGY GROUP REGULAR UNLEADED GASOLING, 8,877 GALLONS, 402-50-591-53110-16140 $ 17,806.26 243881 11/16/2023 MERRIMAC ENERGY GROUP REGULAR UNLEADED GASOLING, 8,877 GALLONS, 402-50-590-53110-16140 $ 14,230.57 243881 11/16/2023 MERRIMAC ENERGY GROUP REGULAR UNLEADED GASOLING, 8,877 GALLONS, 402-50-591-53110-16140 $ 3,539.59 243882 11/16/2023 MOON VALLEY NURSERY CONSOLIDATED HOLDINGS, LLC REPLACE STRAWBERRY TREE DUE TO TRAFFICE ACCIDENT 403-10-000-46950-11320 $ 719.36 243882 11/16/2023 MOON VALLEY NURSERY CONSOLIDATED HOLDINGS, LLC MATERIAL & SUPPLIES FOR MORGAN PARK AMPHITHEATRE 240-50-561-53100-00000 $ 3,663.50 243883 11/16/2023 PHILLIPPE HUYNH REFUND C&D 12910 ST. JAMES PL. 246-00-000-22540-00000 $ 502.00 243884 11/16/2023 POLICE RECORDS AND INFORMATION MANAGEMENT GROUP, INC. ASSIST POLICE DEPARTMENT WITH PURGING OF OLD FILES 208-30-340-51101-00000 $ 6,720.00 243884 11/16/2023 POLICE RECORDS AND INFORMATION MANAGEMENT GROUP, INC. PUBLIC RECORDS REQUEST TRACKING SERVICES AUG.2023 100-30-330-51101-00000 $ 2,500.00 243885 11/16/2023 RAQUELM. CERVANTES CASE# RID 1202591-NOE CERVANTES 100-00-000-21225-00000 $ 115.39 243886 11/16/2023 ROADLINP. PRODUCTS INC. ASPHALT PAINT AND PAINT TRUCK SUPPLIES 240-50-550-53100-15705 $ 224.48 243887 11/16/2023 SAN GABRIEL VALLEY WATER COMPANY COST OF WATER FOR CITY BUILDINGS:10/2-10/30/2023 100-60-620-53402-00000 $ 656.40 243887 11/16/2023 SAN GABRIEL., VALLEY WATER COMPANY WATER -CITY PARKS-9/22-10/25/2023 252-60-620-53402-00000 $ 7,995.66 Page 6 of 10 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 243887 11/16/2023 SAN GABRIEL VALLEY WATER COMPANY WATER SERVICE-SERENTIY HOME-] 3165-67 E. GARVEY 275-60-710-53370-66023 $ 337.85 243887 11/16/2023 SAN GABRIEL. VALLEY WATER COMPANY WATER-SPRINKLERS-10/2-10/30/2023 251-50-560-53402-00000 $ 2,256.05 243888 11/16/2023 SOUTH COAST AQ.M.D AQMD LIQUID FULE DISPENSING SYSTEM 13135 GARVEYAVE 402-50-590-53370-00000 $ 298.50 243888 11/16/2023 SOUTH COAST A.Q.M.D AQMD LIQUID FULL DISPENSING SYSTEM-13135 GARVEY AV 402-50-590-53370-00000 $ 184.41 243889 11/16/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC SIGNALS & STREET 251-50-530-53401-00000 $ 47,790.23 243889 11/16/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR SPRINKLERS 10/6/-11/5/2023 251-50-560-53401-00000 $ 75.57 243889 11/16/2023 SOUTHERN CALIFORNIA EDISON ENERGY -STREET LIGHTS- 10/9-1 1/6/2023-ACT#0529827885 251-50-530-53401-00000 $ 71.65 243889 11/16/2023 SOUTHERN CALIFORNIA EDISON ENERGY -TRAFFIC SIGNALS- 10/9-11/6/2023-ACT#00345157 251-50-530-53401-00000 $ 86.41 243889 11/16/2023 SOUTHERN CALIFORNIA EDISON ENERGY -TRANSIT CENTER- 10/9-11/6/2023-ACT#631947566 100-60-620-53401-00000 $ 3,433.68 243889 11/16/2023 SOUTHERN CALIFORNIA EDISON ENERGY -TRANSIT CENTER- 10/9-11/6/2023-ACT#631947566 254-60-620-53401-15882 $ 1,503.13 243889 11/16/2023 SOUTHERN CALIFORNIA EDISON ENERGY -CITY BIJIDINGS-10/9-11/6/2023-ACT#0153247920 100-60-620-53401-00000 $ 776.42 243889 11/16/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR CITY BUILDINGS 10/6-11/5/2023 100-60-620-5340 1 -00000 $ 2,445.02 243889 11/16/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC SIGNALS & STREET 25 ]-50-530-53401-00000 $ 101.79 243889 11/16/2023 SOUTHERN CALIFORNIA EDISON ENERGY -STREET LIGITS- 10/9-11/6/2023-ACT#529585789 251-50-530-53401-00000 $ 74.19 243889 11/16/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR CITY BUILDINGS 9/26-10/24/2023 100-60-620-5340 1 -00000 $ 25,130.15 243890 11/16/2023 TPX COMMUNICATIONS CO 1/9/2023 ANNUAL TELEPHONE USAGE CITY WIDE, 401-]0-141-53403-11506 $ 7,129.15 243891 11/16/2023 UNITED ROTARY BRUSH CORP REPLACEMENT PARTS FOR CITY STREET SWEEPER 246-50-552-53100-15005 $ 470.55 243892 11/16/2023 VALLEY COUNTY WATER DIST WATER -CITY BUILDINGS-9/21-10/23/2023 100-60-620-53402-00000 $ 2,371.84 243892 11/16/2023 VALLEY COUNTY WATER DIST WATER-CITYPARKS-9/22-10/25/2023 252-60-620-53402-00000 $ 2,871.40 243892 11/16/2023 VALLEY COUNTY WATER DIST WATER SERVCIEFOR TINY HOMES @14173 GARVEY AVE. 501-50-000-22000-55003 $ 473.68 243892 11/16/2023 VALLEY COUNTY WATER DIST WATER-SPRINKLERS-9/25-10/25/2023 251-50-560-53402-00000 $ 9,304.49 243892 11/16/2023 VALLEY COUNTY WATER DIST COST OF WATER FOR TRANSIT CENTER 254-60-620-53402-15882 $ 536.37 243893 11/16/2023 VICTORIA LOPEZ REIM FOR BALLOON KIT AND DECOR(HALLOWEEN LUNCHEON) 100-10-150-53370-11123 $ 9.34 243894 11/16/2023 WEST COAST ARBORISTS, INC CITYWIDE TREE MAINTENANCE ON 10/4/2023 251-50-561-51100-00000 $ 410.00 243894 11/16/2023 WEST COAST ARBORISTS, INC CFFYWIDE'FREE MAINTENANCE ON 10/4/2023 251-50-561-51100-00000 $ 9,672.00 243895 11/16/2023 YUNEX LLC CITY'S TRAFFIC SIGNAL AND STREET LIGHT AGU. 2023 240-50-530-51100-00000 $ 1,916.91 243896 11/16/2023 ZHONGLIANG PANG REFUND C&D 3228 FEATHER AVE. 246-00-000-22540-00000 $ 300.00 243897 11/20/2023 CITY OF SANTA ANA DEFENSIVE TACTICS/ACT INSRUCTOR COURSE -SANTA ANA 100-30-310-53200-00000 $ 2,500.00 243898 11/22/2023 ACRYLATEX COATINGS AND RECYCLING INC PAINT AND OTHER SUPPLIES USED FOR 245-50-570-53100-15040 $ 585.43 243899 11/22/2023 ALAN VELASCO PER DIEM 2023 USA BOXING CHAMPIONSHIPS 12/2-9/23 100-60-610-53100-16130 $ 456.50 243900 11/22/2023 ANA AYALA ARPA SENIOR TRIPS & EVENTS REIM PROGRAM FOR OCT.6 275-60-726-53370-16074 $ 25.00 243901 11/22/2023 APN LANDSCAPING INC PIPE REPAIR- AT WALNUT CREEK PARK 10/20/23 251-50-571-53371-00000 $ 1,050.00 243902 11/22/2023 AT&T PHONE&WIRELESS SRVC-11/7-12/6/23-AC#33125456334644 100-30-310-53403-00000 $ 48.01 243903 11/22/2023 AT&T MOBILE DATA COMPUTERS DATA CONNECTION OCT.23 100-30-310-53403-00000 S 1,444.06 243903 11/22/2023 AT&T MOBILE & COMPUTERS DATA CONNECTION BACK-UP OCF.23 100-30-310-53403-00000 $ 1,444.06 243904 11/22/2023 AT&T MOBILITY WIRELESS AIR CARDS - MOBILE DATA COMPUTERS NOV.23 100-30-310-53403-00000 $ 1,623.59 243905 11/22/2023 BALDWIN PARK FLOWERS & GIFTS FLORAL BOUQUET FOR THE; SENIOR CENTER 100-60-630-53100-00000 $ 49.61 243906 11/22/2023 BEAR COMMUNICATIONS REPAIR RADIO IN UNIT#38 10/27/2023 100-30-310-53371-00000 $ 510.00 243907 11/22/2023 BLACK & WHITE EMERGENCY VEHICLES, LLC REPAIRS INCLUDING PARTS -POLICE VEHICLE: 10/19/2023 402-50-591-53371-00000 $ 109.10 243908 11/22/2023 BMO BANK N.A. A DAY -TIMER PLANNER REFILL-JAN-DEC 2024 100-40-400-53100-00000 S 66.15 243909 11/22/2023 BMO BANK N.A. MEMBERSHIP RENEWAL FOR RON GARCIA-9/4/2023 100-40-405-53330-00000 $ 125.00 243909 11/22/2023 BMO BANK N.A. ICSC CONFERENCE REGISTRATION -VICTOR VIRAMONTES 100-40-405-53350-00000 $ 550.00 243910 11/22/2023 CAL BLEND SOILS INC BULK LANDSCAPE PRODUCTS 251-50-560-53100-00000 $ 3,633.84 243911 11/22/2023 CALIFORNIA DEPARTMENT OF CONSERVATION STRONG MOTION INSTRUMENTATION(SMI) JUL-SEP2023 100-00-000-20016-00000 $ 403.37 243911 11/22/2023 CALIFORNIA DEPARTMENT OF CONSERVATION STRONG MOTION INSTRUMENTATION(SMI) JUL-SEP2023 100-00-000-20017-00000 $ 280.90 243912 11/22/2023 CHARTER COMMUNICATIONS DATA CONNECTION FOR RADIO SYSTEMS 11/11-12/10/23 100-30-310-53403-00000 $ 392.72 243913 11/22/2023 CHICAS GRAPHICS AND DESIGN HR DEPARTMENT BUSINESS CARDS-BARBARA JIMENEZ 100-10-150-53100-00000 $ 110.25 243913 11/22/2023 CHICAS GRAPHICS AND DESIGN BUSINESS CARDS 100-10-120-53100-00000 $ 181.91 243914 11/22/2023 CINTAS FIRST AID & SAFETY FIRST AID KIT SUPPLIED IN CITY YARD AND MECHANICS. 246-50-540-53100-15705 $ 163.67 243914 11/22/2023 CINTAS FIRST AID & SAFETY FIRST AID KIT SUPPLIED IN CITY YARD AND MECHANICS. 402-50-590-53100-00000 $ 163.67 243915 11/22/2023 CONCENTRA HEALTH SERVICES, INC 1-CLASS I PHYSICAL.-PAULINE LY 100-]0-150-51101-11122 $ 121.00 243916 11/22/2023 CORODATA RECORDS MANAGEMENT, INC. STORAGE OF FILES FOR 10/1-10/31/2023 100-10-120-51101-11431 $ 56.66 243917 11/22/2023 COVINA NICE CLEANERS CLEANING SERVICES FOR JAIL THE. WEEK OF 10/18/2023 100-30-370-51101-00000 $ 65.00 243917 11/22/2023 COVINA NICE CLEANERS CLEANING SERVICES FOR JAIL THE WEEK OF 10/25/2023 100-30-370-51101-00000 $ 65.00 243917 11/22/2023 COVINA NICE CLEANERS CLEANING SERVICES FOR JAIL THE WEEK OF 10/28/2023 100-30-370-51101-00000 $ 70.00 243917 11/22/2023 COVINA NICE CLEANERS CLEANING SERVICES FOR JAIL THE WEEK OF 11/1/2023 100-30-370-51101-00000 $ 65.00 243917 11/22/2023 COVINA NICE CLEANERS CLEANING SERVICES FOR JAIL TIIF WEEK OF 11/11/2023 100-30-370-51101-00000 $ 70.00 243917 11/22/2023 COVINA NICE CLEANERS CLEANING SERVICES FOR JAIL THE WEEK OF 11/15/2023 100-30-370-51101-00000 $ 65.00 243918 11/22/2023 CPRS ANNUAL., MEMBERSHIP FEE-ARMANDO N. EXP 1/31/24 100-60-640-53330-00000 $ 145.00 243919 11/22/2023 DEPARTMENT OF JUSTICE FINGERPRINTING SRVC FOR OCT2023 100-10-150-51101-11124 $ 211.00 243920 11/22/2023 DIVISION OF THE STATE ARCHITECT DISABILITY ACCESS AND EDUCATION SB1186-7/1-9/30/23 100-20-000-4023 1 -00000 $ 348.80 243921 11/22/2023 ECO CAR SPA CAR WASH FOR POLICE VEHICLES IN OCTOBER 402-50-591-51101-00000 $ 150.99 243922 11/22/2023 FOOD 4 LESS FOOD FOR TL1E FREE SENIOR MEAL PROGRAM MONTH #18 275-60-713-53100-16075 $ 21,506.37 Page 7 of 10 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 243923 11/22/2023 FOOD 4 LESS FOOD/PRODUCE-CHRISTMAS FOOD BASKETS PRO, 12/16/23 100-60-640-53100-16106 $ 1,750.00 243924 11/22/2023 FRONTIER COMMUNICATIONS ANNUAL TEILLEPHONE USAGE FOR2194-5-10/28/2023 401-10-141-53403-11506 $ 1,178.2.5 243924 11/22/2023 FRONTIER COMMUNICATIONS PHONE & WIRELESS SRVGI0/28-11/27/23-ACT#950317985 100-30-310-53403-00000 $ 172.79 243925 11/22/2023 FUN EXPRESS, LLC DECORATION FOR VETERANS DAY ON 11/I1/23 100-60-610-53100-16149 $ 128.11 243926 11/22/2023 GABRIEL CONTAINER CO. CARDBOARD BOXES FOR THE FOOD GIVEWAY PROGRAM 275-60-713-53100-16072 $ 771.40 243927 11/22/2023 GLEN JOHN APRAMIAN MD INC PHYSICAL-SWORN-HEP.B VACCINE 9/26/23-RICARDO BUGAR 100-10-150-51101-11122 $ 995.00 243928 11/22/2023 HOME DEPOT MATERIAL&SUPPLIES-STREET MAINTENANCE 240-50-551-53100-15705 $ 38.20 243928 11/22/2023 HOME DEPOT MATERIAL&SUPPLIES-PAINT FOR THE GRAFFITI DIVISION 245-50-570-53100-14885 $ 488.21 243928 11/22/2023 HOME DEPOT MATERIAL&SUPPLIES-STREET MAINTENANCE 240-50-551-53100-15705 $ 6.59 243928 11/22/2023 HOME DEPOT MATERIAL&SUPPLIES-PAINT FOR THE GRAFFITI DIVISION 245-50-570-53100-14885 $ 56.07 243929 11/22/2023 HOSE -MAN INC PURCHASE OF HOSES THE STREET SWEEPER UNIT 5098 246-50-552-53100-15005 $ 81.76 243930 11/22/2023 JAMES PATRICK THOMAS 8 CLEAR POLYCARBONATE SHEET FOR T11E BUS SHE^LTER 244-50-581-53100-15510 $ 1,535.74 243931 11/22/2023 JANICE VILLALOBOS PER DIEM FOR ADMINISTRATOR COURSE 1 1/27-11 /29/2023 100-30-310-53200-00000 $ 185.00 243932 11/22/2023 JESSEBACA COMPUTER LOAN 100-00-000- 1103 1 -00000 $ 974.25 243933 11/22/2023 .JUAN E. RAMIREZ ENGLISH-SPANISH INTERPRETER AND TRANSLATOR 100-10-110-51101-00000 $ 4,400.00 243934 11/22/2023 LONNIE MORENO PARADE ANNOUNCEMENTS-12/2/2023 100-60-610-53100-16148 $ 100.00 243935 11/22/2023 MARIA PELAYO ARPA SENIOR TRIPS & EVENTS REIM PROGRAM FOR OCT.6 275-60-726-53370-16074 $ 25.00 243936 11/22/2023 MATHISEN OIL CO INC SHOP STOCK OIL FOR ALL CITY AND POLICE VEHICLES 402-50-590-53100-00000 $ 875.98 243936 11/22/2023 MATHISEN OIL CO INC SHOP STOCK OIL FOR ALL CITY AND POLICE VEHICLES 402-50-591-53100-00000 $ 875.98 243937 11/22/2023 MIGUEL ANGEL GARCIA SANTA CLAUS SUIT -HOLIDAY PARADE&DRY CLEANING 100-60-610-53100-16148 $ 300.00 243938 11/22/2023 OCEAN BLUE ENVIRONMENTAL SERVICES, INC SCHEDULED AND EMERGENCY HAZMAT SERVICES OCT. 2023 258-50-551-51101-00000 $ 2,496.32 243939 11/22/2023 ODP BUSINESS SOLUTIONS, LLC CITY WIDE PAPER 401-10-141-53100-11504 $ 2,451.67 243940 11/22/2023 O'REILLY AUTO PARTS MATERIALS AND SUPPLIES - PCV HOSE, PCV ELBOW 402-50-591-53100-00000 $ 28.60 243941 11/22/2023 PALICON GROUP BACKGROUND PD APPLICANT MARTIN/OGANESIAN 100-30-310-51100-00000 $ 1,050.00 243941 11/22/2023 PALICON GROUP BACKGROUND PD APPLICANT LEWIN 100-30-310-51100-00000 $ 350.00 243942 11/22/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 200-50-520-58100-55022 $ 129,865.00 243942 11/22/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 256-50-520-58100-55022 $ 6,175.00 243942 11/22/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 258-50-520-58100-55022 $ 19,475.00 243942 11/22/2023 PCN3, INC. CONSTRUCTION CONTRACT FOR SUSAN RUBIO 275-50-765-58100-55022 $ 131,322.02 243943 11/22/2023 PRIME POWER EQUIPMENT INC REPAIRS & MAINTENANCE OF STREET LANDSCAPE 10/17/23 245-50-560-53371-15536 $ 71.49 243943 11/22/2023 PRIME POWER EQUIPMENT INC REPAIRS -BLOWER& CLEANUP FOR BUS SHELTER10/18/23 245-50-581-53371-15510 $ 55.60 243943 11/22/2023 PRIME POWER EQUIPMENT INC REPAIRS & MAINTENANCE OF STREET LANDSCAPE 10/24/23 245-50-560-53371-15536 $ 218.86 243943 11/22/2023 PRIME POWER EQUIPMENT INC MATERIALS & SUPPLIES FOR STREET LANDSCAPE CREW 245-50-560-53100-15536 $ 21.90 243943 11/22/2023 PRIME POWER EQUIPMENT INC REPAIRS & MAINTENANCE OF STREET LANDSCAPE 10/24/23 245-50-560-53371-15536 S 194.26 243943 11/22/2023 PRIME POWER EQUIPMENT INC MATERIALS & SUPPLIES FOR STREET LANDSCAPE CREW 245-50-560-53100-15536 $ 45.92 243944 11/22/2023 PUENTE HILLS FORD LLC SUPPLIES FOR UNIT 3150 AND 5065 402-50-591-53100-00000 $ 427.18 243944 11/22/2023 PUENTE HILLS FORD LLC SUPPLIES FOR UNIT 3150 AND 5065 402-50-590-53100-00000 $ 9.48 243944 11/22/2023 PUENTE HILLS FORD LLC SUPPLIES FOR UNIT 3150 AND 5065 402-50-590-53100-00000 $ 432.98 243945 11/22/2023 RIO HONDO COMM. COLLEGE PHYSICAL FITNESS 100-30-310-53200-00000 $ 50.00 243946 11/22/2023 ROYAL COACHES AUTO BODY &TOWING INC. TOWING OF CITY&POLICE VEHICLES-9/14/23-2016 BMW 402-50-591-51101-00000 $ 526.87 243946 11/22/2023 ROYAL COACHES AUTO BODY & TOWING INC. TOWING OF CITY&POLICE VEHICLES-7/6/2023-2015 GMC 402-50-591-5110 1 -00000 $ 210.75 243946 11/22/2023 ROYAL COACHES AUTO BODY & TOWING INC. TOWING OF CITY&POLICE VEHICLES-8/9/2023-1997 GMC 402-50-591-51101-00000 $ 737.62 243947 11/22/2023 SAN GABRIEL VALLEY POLICE CHIEF'S ASSN CHIEF LOPEZ MEMBERSHIP DUE FOR FY2023-2024 100-30-300-53330-00000 $ 400.00 243948 11/22/2023 SECTRAN SECURITY INC. SECTRAN SERVICE-NOV 2023 - CASH TRANSFER TO LOOMIS 100-25-299-53370-12404 $ 434.22 243949 11/22/2023 SHI INTERNATIONAL CORP MAC STUDIO M2 MAX 12-CORE. CPU30-CORE GPU 512GB SSD 245-50-510-53390-00000 $ 2,172.71 243950 11/22/2023 SHOETERIA INC BOOT ALLOWANCE FOR SEIU EMPLOYEES 240-50-551-50119-00000 $ 165.13 243950 11/22/2023 SHOETERIA INC BOOT ALLOWANCE FOR SEIU EMPLOYEES 240-50-551-50119-15705 $ 15.00 243950 11/22/2023 SHOETERIA INC BOOT ALLOWANCE FOR SEIU EMPLOYEES 251-50-551-50119-00000 $ 105.00 243951 11/22/2023 SMART & FINAL MATERIALS&SUPPLIES FOR SENIOR CENTER 501-60-000-22327-00000 $ 76.24 243951 11/22/2023 SMART &FINAL MATERIALS&SUPPLIES FOR SENIOR CENTER 501-60-000-22327-00000 $ 234.37 243952 11/22/2023 SOUTHERN CALIFORNIA EDISON COST OF ENERGY FOR TRAFFIC SIGNALS & STREET 251-50-530-53401-00000 $ 113.83 243953 11/22/2023 STARSIDE SECURITY & INVESTIGATIONS INC JAIL SERVICES FOR OCT.2023 100-30-370-51100-00000 $ 40,655.76 243954 11/22/2023 STERICYCLE, INC. COLLECTION OF BIOHAZARD MATERIALS 100-30-360-53100-00000 $ 85.83 243955 11/22/2023 SUNBELT RENTALS RENTALS-MANLIFT FOR CITY HALL PRJ 10/17-10/20/23 245-50-550-53391-15622 $ 2,159.93 243956 11/22/2023 THE GAS COMPANY VEHIC:LEFUEL..-CNG STATION-10/1-11/1/23ACT#862972725 402-50-590-53110-16140 $ 61.49 243957 11/22/2023 THE HAPPY KEY NEW IGNITION AND DOOR LOCKS FOR UNIT 7318 402-50-590-53100-00000 $ 330.00 243957 11/22/2023 THE HAPPY KEY THREE, TRUCK KEYS FOR UNIT 5099 402-50-590-53100-00000 $ 21.00 243958 11/22/2023 TRIPEPESMITH AND ASSOCIATES, INC COMMUNICATIONS&SOCIAL MEDIA-SEP2023 230-10-110-51100-11402 $ 222.50 243959 11/22/2023 TYLER TECHNOLOGIES INC ANNUAL., MAINTENANCE 7/1/2023-6/30/2024 235-40-440-51 101-14060 $ 26,260.51 243960 11/22/2023 VERIZON WIRELESS CELLULAR & TABLETS SERVICE FOR 9/22-10/21/2023 251-50-562-53403-00000 $ 585.55 243960 11/22/2023 VERIZON WIRELESS CELLULAR & TABLETS SERVICE, PARKS MAINT 251-50-571-53403-00000 $ 890.27 243960 11/22/2023 VERIZON WIRELESS CELL PHONE-7/22-8/21/23 ACT#870914792-00003 100-60-610-53403-00000 $ 201.05 243960 11/22/2023 VERIZON WIRELESS CELL PHONE-7/22-8/21/23 ACT#870914792-00003 100-60-620-53403-00000 $ 83.02 Page 8 of 10 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 243960 11/22/2023 VERIZON WIRELESS CELL PHONE-7/22-8/21/23 ACT#870914792-00003 100-60-630-53403-00000 $ 83.02 243960 11/22/2023 VERIZON WIRELESS CELL PHONE-7/22-8/21/23 ACT#870914792-00003 100-60-640-53403-00000 $ 121.03 243960 11/22/2023 VERIZON WIRELESS CELL PHONE-7/22-8/21/23 ACT#870914792-00003 100-60-650-53403-00000 $ 121.03 243960 11/22/2023 VERIZON WIRELESS CELL PHONE-7/22-8/21/23 ACT#870914792-00003 100-60-660-53403-00000 $ 41.51 243960 11/22/2023 VERIZON WIRELESS CELL PHONE-7/22-8/21/23 ACT#870914792-00003 100-60-680-53403-00000 $ 79.52 243960 11/22/2023 VERIZON WIRELESS CELL PHONE-9/22-10/21/23 ACT#870914792-00003 252-60-620-53403-00000 $ 83.02 243961 11/22/2023 VERONICA DELGADO REFUND FOR DEPOSIT FOR THE GAZEBO ON 11/12/20 100-60-000-45601-00000 $ 225.00 243961 11/22/2023 VERONICA DELGADO REFUND FOR DEPOSIT FOR THE GAZEBO ON 11/12/23 501-60-000-22333-00000 $ 100.00 243962 11/22/2023 WEBCO LB LLC OCTOBER 2023- PARKING SWEEPING SERVICES 254-50-560-51101-15734 $ 4,200.00 243963 11/22/2023 Y-TIRE SALES TIRES FOR POLICE VEHICLES 402-50-591-53100-00000 $ 1,149.96 DFT0007760 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 1,962.06 DFT0007771 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SMART CARE HEALTH INSURANCE 100-00-000-21210-00000 S (755.28) DFT0007788 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 6,718.46 DFT0007789 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM SELECT HEALTH INSURANCE 100-00-000-21210-00000 $ 3,394.41 DFT0007790 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM TRADITIONAL HEALTH INSURANCE 100-00-000-21210-00000 $ 942.74 DFT0007791 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 37,173.17 DFT0007792 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,300.92 DFT0007793 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SMART CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 377.65 DFT0007794 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 $ 859.94 DFT0007795 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' PORAC - POLICE ONLY IIEALTII INSURANCE 100-00-000-21210-00000 $ 820.00 DFT0007796 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 1355.20 DFT0007797 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' RETRO HEALTH INSURANCE PREMIUM 100-00-000-21210-00000 $ 188.66 DFT0007798 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 $ 713.55 DFT0007799 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 4,695.18 DFT0007800 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS PLATINUM HEALTH INSURANCE 100-00-000-21210-00000 $ 2,779.27 DFT0007814 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 369.15 DFT0007815 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 13,086.60 DFT0007816 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,306.34 DFT0007817 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTHCARE HEALTH INSURANCE 100-00-000-21210-00000 $ 700.00 DFT0007818 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 1,400.00 DFT0007827 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ (340.19) DFT0007838 11/09/2023 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 $ 196.23 DFT0007839 11/09/2023 PERS-RETIREMENT PERSREDEPOSFr 100-00-000-21206-00000 $ 21.78 DFT0007840 11/09/2023 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 S 18,419.04 DFT0007841 11/09/2023 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 $ 16,594.30 DFT0007842 11/09/2023 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 S 9,547.48 DFT0007843 11/09/2023 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 $ 10,081.65 DFT0007844 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 S 6,718.46 DFT0007845 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM SELECT HEALTH INSURANCE 100-00-000-21210-00000 $ 3,394.41 DFT0007846 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM TRADITIONAL HEALTH INSURANCE 100-00-000-21210-00000 S 942.74 DFT0007847 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 37,173.17 DFT0007848 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 S 1,300.92 DFT0007849 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SMART CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 377.65 DFT0007850 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 S 661.49 DFT0007851 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' PORAC POLICE ONLY HEALTH INSURANCE: 100-00-000-21210-00000 $ 820.00 DFT0007852 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HEALTH INSURANCE 100-00-000-21210-00000 $ 1,355.20 DFT0007853 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' RETRO HEALTH INSURANCE PREMIUM 100-00-000-21210-00000 $ 565.98 DFT0007854 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 $ 713.55 DFT0007855 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD IIEALTII INSURANCE 100-00-000-21210-00000 $ 4,354.99 DFT0007856 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS PLATINUM HEALTH INSURANCE 100-00-000-21210-00000 $ 2,779.27 DFT0007865 11/09/2023 PERS-RETIREMENT PERS SWORN CITY PAID - PF,PRA 100-00-000-21256-00000 $ 18,137.78 DFT0007866 11/09/2023 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 $ 28,759.48 DFT0007867 11/09/2023 PERS-RETIREMENT PT PERS MISC CITY PAID 100-00-000-21256-00000 $ 623.67 DFT0007868 11/09/2023 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 $ 26,238.42 DFT0007869 11/09/2023 PERS-RETIREMENT PERS MISC: CITY PAID - PEPRA 100-00-000-21256-00000 $ 17,407.68 DFT0007870 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 369.15 DFT0007871 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER IIEAUFII INSURANCE 100-00-000-21210-00000 $ 13,007.17 DFT0007872 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,306.34 DFT0007873 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTHCARE HEALTH INSURANCE 100-00-000-21210-00000 $ 700.00 DFT0007874 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 $ 1,380.37 DFT0007896 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ (754.64) DFT0007897 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 $ (198.45) DFT0007914 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 $ (1,190.70) Page 9 of 10 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount DFT0007925 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 $ (396.90) DFT0007955 11/22/2023 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 $ 195.30 DFT0007956 11/22/2023 PERS-RETIREMENT PERS REDEPOSIT 100-00-000-21206-00000 $ 21.78 DFT0007957 11/22/2023 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 $ 18,361.92 DFT0007958 11/22/2023 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 $ 16,459.39 DFT0007959 11/22/2023 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 $ 9,490.8.5 DFT0007960 11/22/2023 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 $ 9,999.84 DFT0007980 11/22/2023 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 $ 18,081.53 DFT0007981 11/22/2023 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 $ 28,588.93 DFT0007982 11/22/2023 PERS-RETIREMENT PT PERS MISC CITY PAID 100-00-000-21256-00000 $ 750.38 DFT0007983 11/22/2023 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 $ 25,893.23 DFT0007984 11/22/2023 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 $ 17,266.44 DFT0007994 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' RETIRED PREMIUM 100-25-299-50223-00000 $ 21,140.00 DFT0007995 11/08/2023 CALIFORNIA PUBLIC EMPLOYEES' ACTIVE & RETIRED ADMIN FEE 100-25-299-50220-00000 $ 836.32 DFT0008006 11/13/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 403.28 DFT0008007 11/13/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-2120 1 -00000 $ 51.74 DFT0008008 11/13/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 182.90 DFT0008017 11/13/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 66.00 DFT0008018 11/13/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-2120 1 -00000 $ 8.70 DFT0008019 11/13/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 30.69 DFT0008020 11/16/2023 MASSMUTUAL EMPOWER 100-00-000-21213-00000 $ 13,207.00 DFT0008021 11/16/2023 MASSMUTUAL EMPOWER RETIREMENT 100-00-000-21213-00000 $ 3,519.49 DFT0008022 11/16/2023 MASSMUTUAL EMPOWER 100-00-000-21232-00000 $ 1A92.00 DFT0008023 11/16/2023 MASSMUTUAL EMPOWER 100-00-000-21232-00000 $ 702.75 DFT0008024 11/16/2023 AMERICAN FIDELITY ASSURANCE COMPANY ESA - AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 984.14 DFT0008044 11/16/2023 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 $ 3,061.36 DFT0008045 11/16/2023 MASSMUFUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 52.58 DFT0008046 11/16/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 18.81 DFT0008047 11/16/2023 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 51.54 DFT0008048 11/16/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 3,850.00 DFT0008049 11/16/2023 MASSMUTUAL MASS MUTUAL CITY PAID 100-00-000-21257-00000 $ 2,625.00 DFT0008050 11/16/2023 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 896.55 DFT0008061 11/16/2023 INTERNAL REVENUE SERVICE FEDERAL INCOME TAX PAYMENT 100-00-000-21203-00000 $ 94,356.68 DFT0008062 11/16/2023 INTERNAL REVENUE SERVICE SOCIAL SECURITY PAYMENT 100-00-000-21200-00000 $ 5,951.60 DFT0008063 11/16/2023 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-2120 1 -00000 $ 24,689.00 DFT0008064 11/16/2023 STATE OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 37,032.52 Grand Total: $ 2,202,918.63 Page 10 of 10 ITEM NO. 2 Paz TO: rHE,,� t FROM: s,ara;BIEL ` = DATE: AM") SUBJECT: Honorable Mayor and Members of the City Council Rose Tam, Director of Finance December 6, 2023 Annual Comprehensive Financial Report (ACFR) For Fiscal Year 2021-22 SUMMARY The purpose of this report is to present the City's Annual Comprehensive Financial Report (ACFR) and Report on Agreed -Upon Procedures of the City's GANN Appropriation Limit for fiscal year ended June 30, 2022. The City have implemented the recommendations from the City's independent auditor. We will continue to monitor the financial operation closely and update the policy and procedures as needed. RECOMMENDATION It is recommended that the City Council receive and file the City of Baldwin Park's ACFR for the fiscal year ended June 30, 2022. FISCAL IMPACT There is no fiscal impact to receive and file these reports. The City's General Fund's fund balance increased by $1.182M (ACFR page 97). The City maintains a solid financial position by taking proactive planning. BACKGROUND Annually, the Finance Department prepares and publishes the City's ACFR following the completion of an independent and certified audit. The independent certified audit firm is The Pun Group, LLP. The ACFR is an extensive report summarizing the financial activities of the City that occurred from July 1, 2021 through June 30, 2022. The ACFR is prepared in compliance with Governmental Accounting Standards Board (GASB) standards. Pursuant to GASB guidelines, the City's ACFR is divided into three sections: Introductory, Financial and Statistical. The Introductory section contains a Letter of Transmittal. This letter includes a brief overview of the City, economic outlook, operational controls, and major initiatives. It also includes the Certificate of Achievement for Excellence in Financial Reporting from the Government Finance Officers Association (GFOA) for the fiscal year ended June 30, 2021. The GFOA's Certificate is the highest form of recognition in governmental accounting and financial reporting, and its attainment represents a significant accomplishment. The City has consistently received this award over the past decade. The ACFR for the fiscal year ended June 30, 2022 was submitted to GFOA with the expectation of receiving this award again. The Financial section contains the independent auditor's report, Management's Discussion & Analysis (MD&A), and the basic financial statements. The firm of The Pun Group, LLP has issued an unmodified ("clean") opinion on the financial statements for the fiscal year ended June 30, 2022. This means that their examination, testing and audit procedures allowed them to conclude that the financial statements present fairly, in all material respects, the financial position of the City. This is the best opinion that the City can receive from its auditors. Page 1 / 2 The MD&A provides a narrative of how the financial report is presented and key highlights of some of the changes in financial position. The MD&A also provides tables showing comparative information from fiscal year ended June 30, 2021 to June 30, 2022. The final section of the ACFR is the Statistical Section. This section presents data useful in analyzing the City's financial and operational history for comparative purposes. Some of the statistics tracked include financial trends, revenue capacity and debt capacity which are useful for evaluating the City's financial stability. Article XIII-B of the California Constitution places limits on the amount of revenue that can be spent by the State and each local government entity. It is the responsibility of the City to calculate the annual appropriations limit. The City's auditors are required to review and approve the appropriations calculation as part of their audit to the City. The auditor found no exceptions to the City's calculation of the appropriations limit. The Independent Accountants' Report on Agreed -Upon Procedures Applies to Appropriations Limit Worksheet is included as Attachment 2. LEGAL REVIEW Not required ATTACHMENTS 1. Annual Comprehensive Financial Report (ACFR) for Fiscal Year Ended June 30, 2022 (Posted on the City's Website htti)s://www,baldwinyark.com/cafrs/3485-acfr-2022-final/file). 2. Report on Agreed -Upon Procedures of the City's GANN Appropriation Limit (Posted on the City's Website htt s://www.baldwin ark.com/cafrs/346-2022-rode endent-accountant-s-re ort-a ro nation-limit/file) Note: Fiscal year financial highlights will be included in auditor's PowerPoint Presentation. Page 2 / 2 ITEM NO. 3 LD TO: Honorable Mayor and Members of the City Council HUB,OF rHE"FROM: Shirley Quinones, Chief Deputy City Clerk sang �6'EL Krystal Roman, Administrative Clerk II/Deputy City Clerk Mar c: DAMN) DATE: December 6, 2023 SUBJECT: Meeting Minutes SUMMARY The City Council held the following meetings on November 15, 2023: Finance Authority Board Meeting, Housing Authority Board Meeting, Special City Council Meeting and Regular City Council Meeting. RECOMMENDATION It is recommended that the City Council approve the following meeting minutes of the Finance Authority Board Meeting, Housing Authority Board Meeting Special City Council and Regular City Council Meetings held on November 15, 2023. FISCAL IMPACT There is no fiscal impact associated with this item. LEGAL REVIEW This report does not require legal review ATTACHMENTS 1. Meeting Minutes of November 15, 2023 Page 1 / 1 Mayor Mayor Pro Tem Councilmember Councilmember Councilmember AgendaThese minutes are presented in , r. The meeting was called to order by Mayor Estrada at approximately 5:17 p.m. City Clerk Sanez performed roll call: MEMBERS PRESENT: Council Member Alejandra Avila (present) Council Member Jean M Ayala (present) Council Member Daniel Damian (present) Mayor Pro Tern Monica Garcia (absent) Mayor Emmanuel Estrada (present) PUBLIC COMMUNICATIONS Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala Daniel Damian Mayor Estrada opened public communications at approximately 5:17 p.m. Seeing no one looking to speak, Mayor Estrada closed public communications. OPEN SESSION/STUDY SESSION Rebecca Barboza, Wildlife Biologist with CDFW (California Department of Fish and Wildlife) presented Living with Coyotes presentation. Sam Gutierrez, Director of Public Works and LCDG presented updates on City Hall Improvements. RECESS CLOSED SESSION- at approximately 6:05 p.m. 1. Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956 Case: Matthew Rodriguez Case No.: 22:22-CV-01069-FLA(MARx) vs City of Baldwin Park No Reportable Action Case: John Doe R.A. vs City of Baldwin Park et al. Case No.: 21 STCV355392 Los Angeles Superior Court No Reportable Action Special Meeting Minutes Page 1 of 2 2. Conference with Labor Negotiator Pursuant to California Government Code, Section 54957.6 Agency Designated Representative: Enrique C. Zaldivar, Chief Executive Officer; Rose Tam. Finance Director; Karina Rueda, Human Resources Manager Employee Organizations: Baldwin Park City Employees Association (CEA) Baldwin Park Classified Confidential Employees Association (CCEA) Baldwin Park Classified Management Employees Association (CMEA) Baldwin Park Police Management Employees Association (PMEA) Baldwin Park Police Association (POA) Service Employee International Union (SEIU) No Reportable Action 3. Public Employment Evaluation Pursuant to Government Code Section 54957 Title: Director of Community Development Housing Manager Item was not heard due to timing. ADJOURNMENT Mayor Estrada closed the Special Meeting at approximately 7:17 p.m. ATTEST: Christopher Saenz, City Clerk Emmanuel J Estrada, Mayor Special Meeting Minutes Page 2 of 2 r t r • •minutes•. presented Iigenda order. Mayor Emmanuel J. Estrada Mayor Pro Tem Monica Garcia Councilmember Alejandra Avila Councilmember Jean M. Ayala Councilmember Daniel Damian CALL TO ORDER The meeting was called to order by Mayor Estrada at approximately 7:12 p.m. INVOCATION The invocation was led by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Estrada. ROLL CALL City Clerk Sanez performed roll call: MEMBERS: Council Member Alejandra Avila (present) Council Member Jean M Ayala (present) Council Member Daniel Damian (present) Mayor Pro Tem Monica Garcia (absent) Mayor Emmanuel Estrada (present) REPORT FROM CLOSED SESSION City Attorney Marco A. Martinez announced there was no reportable actions on the items listed on the Special Meeting Agenda. All members were present except for Mayor Pro Tem Garcia and Council Member Ayala did not participate in the matter of Matthew Rodriguez. MOTION: Mayor Estrada closed the Special Meeting at approximately 7:17 p.m. ANNOUNCEMENTS The Mayor announced that the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority which are concurrently convening with the City Council this evening. Councilmember Ayala acknowledged President of Valley Water District Javier Vargas. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Mayor Estrada and the City Council presented Certificates of Recognition for the Finance Department Employees 20+ years of service. Mayor Estrada and the City Council welcomes and Introduce Staff. • Albert Trinh, Accounting Manager Barbara Jimenez, Human Resources Technician Mayor Estrada and the City Council proclaimed LA vs Hate United Against Hate Week November 12 -18, 2023 presented to Celina Maldonado, LA vs Hate Volunteer from CalState University City Council Regular Meeting Minutes Page 1 of 6 PUBLIC COMMUNICATIONS Mayor Estrada opened public communication at approximately 7:22 p.m., the following spoke: 1) Cecelia Bernal 2) Irma Morales Seeing no more public speakers, Mayor closed public communications. CONSENT CALENDAR City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 2. Treasurer's Report City (CC) — September 2023 Motion to receive and file the Treasurer's Report for September 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 3. Meeting Minutes Motion to approve the following meeting minutes of the Special City Council and Regular City Council Meetings held on November 1, 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 4. Request to renew the Police Department jail services contract with Starside Security & Investigation Inc. Motion to: 1. Approve the contract with Starside for jail services, subject to any additional non - substantive changes made by the City Attorney and Chief Executive Officer; and 2. Authorize the Mayor to execute the agreement; and 3. Direct staff to release a Request for Proposal prior to the end or the proposed term expiration. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 5. Request for Authorization to Purchase Apex Officer — Pro Training Simulator package and accessories. Motion to: 1. Waive the formal bidding process for this purchase; and 2. Authorize the Police Department to purchase the Pro Training Simulator package and accessories; and 3. Authorize the Director of Finance to appropriate the funding from the Community Policing Development (CPD) De -Escalation Training Solicitation grant and make the necessary budget adjustment; and 4. Authorize the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchase; and City Council Regular Meeting Minutes Page 2 of 6 5. Authorize the Chief Executive Officer to approve a no -cost time extension to the subcontract with Sandy Jo MacArthur through August 31, 2024, to allow completion of grant -funded activities." This will be retroactive to July 1, 2023; and 6. Authorize the Chief Executive Officer to approve a no -cost time extension to the subcontract with Joan Brody through August 31, 2024, to allow completion of grant - funded activities." This will be retroactive to July 1, 2023. Item #5 was pulled for further discussion. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motion. Passed [3 — 1]. AYES: AVILA, DAMIAN, ESTRADA NAY: AYALA 6. Consideration to Reallocate Additional American Rescue Plan Act Funding for the Senior Free Meals Program Motion to: 1)Authorize the Director of Finance to reallocate additional American Rescue Plan Act funding for the Senior Free Meals Program and carry over balances to Fiscal Year 24-25 until funds are exhausted; and 2) Authorize the Director of Recreation & Community Services to coordinate all elements associated with the Program. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 7. Approval of Contract Change Order for the Public Works Maintenance Yard Improvements Project — CIP 22-028 Motion to: I. Approve Change Order in the amount of $40,000 and authorize payment to TAIT & Associates for added design services; and, 2. Authorize the Director of Finance to make the necessary budget adjustments and transfers; and, 3. Authorize the Director of Public Works to execute and process the outstanding payments due to TAIT & Associates for plan design services. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 8. Grant Reimbursement Report for 1st Quarter FY23-24 —July 1, 2023, to September 30, 2023 for the Department of Public Works Motion to receive and file this report. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 9. Approval of Change Orders for La Canada Design Group (LCDG) for Additional Design Services Related to the City Hall 3rd Floor and City Council Chambers Improvements Project, CIP 22-038 Motion to: 1. Authorize the additional work and payment for LCDG in the amount of $62,330.00 for additional architectural and engineering design services; and, 2. Authorize the Director of Public Works to execute change orders with LCDG for design services of the 3rd Floor and City Council Chambers Improvements Project CIP 22-038; and, City Council Regular Meeting Minutes Page 3 of 6 3. Authorize the Director of Finance to make the necessary budget adjustments and transfers. Item #9 was pulled for further discussion. MOTION: It was moved by Daniel. Damian, seconded by Alejandra Avila to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 10. Approval of Amendment Number 1 to the Professional Services Agreement with Hinderliter, De Llamas and Associates, Inc. to Close Out the Shop Local Digital Gift Card Program. Motion to authorize the Chief Executive Officer to execute an amended Professional Services Agreement with HDL subject to any non -substantive changes made by the CEO and City Attorney. Item #10 was pulled for further discussion. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 11. Consideration to appropriate FY 2019 Permanent Local Housing Allocation Grant Funds from the State of California Department of Housing and Community Development (HCD) Staff recommends that the City Council: 1. Authorize the Chief Executive Officer, and City Attorney, to execute forms and agreements for the use of Permanent Local Housing Allocation program funds to the selected project. 2. Authorize the Director of Finance to appropriate funding for this activity upon receiving PLHA funds from HCD and make the necessary budget adjustments. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 12. Approval of Resolution No. 2023-037 to Revise the Job Title for Information Systems (IT) Manager and Job Description Staff recommends that the City Council: 1. Approve and adopt Resolution No. 2023-037 entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, TO ADOPT A SALARY RESOLUTION TO ESTABLISH A COMPREHENSIVE SALARY SCHEDULE ACCORDANCE WITH CALPERS GUIDELINES" to update the Comprehensive City of Baldwin Park Salary Schedule to reflect the title change for the classification of Information Systems (IT) Manager to Information Technology Manager. 2. Approve the revisions made to the Information. Systems (IT) Manager job description. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 13. Approval of Cannabis Pre -Application Agreement with IGF Partners Realty LLP and California Harvest Fund LLC It is recommended that the City Council authorize the Chief Executive Officer to execute the Agreement, subject to any non -substantive changes made by the CEO and City Attorney. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA City Council Regular Meeting Minutes Page 4 of 6 PUBLIC HEARING REPORTS OF OFFICERS 14. Designation of Delegate and Alternate Representatives for the San Gabriel Valley Mosquito and Vector Control District Motion to: 1. Accept nominations on the floor by the Members of the City Council; and 2. Appoint a delegate and an alternate, and adopt Resolution No. 2023-036 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING A REPRESENTATIVE AND ALTERNATE AS OFFICIAL REPRESENTATIVES OF THE CITY AS MEMBERS OF THE SAN GABRIEL VALLEY MOSQUITO AND VECTOR CONTROL DISTRICT"; and 3. Direct the City Clerk to provide notification to the SGVMVC of the action taken by the governing body. MOTION: It was moved by Daniel Damian, seconded by Alejandra Avila to appoint Mayor Emmanuel Estrada to represent the City as a member of the San Gabriel Valley Mosquito and Vector Control District. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 15. Ordinance Section 122.04(H) of the Baldwin Park Municipal Code Amending Food Truck Stopping Times Direction to introduce the following: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 122.04(H) OF CHAPTER 122, TITLE XI OF THE BALDWIN PARK MUNICIPAL CODE RELATING TO TIME LIMITS FOR THE VENDING OF FOOD FROM FOOD TRUCKS DIRECTION: Mayor and City Council provided direction; no motion needed. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION SA 1. Treasurer's Report SA — September 2023 Motion to receive and file the Treasurer's Report for September 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA SA 2. Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA City Council Regular Meeting Minutes Page 5 of 6 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor and Council members provided comments and direction for staff. Mayor Estrada closed public communications at approximately 8:37 p.m. ATTEST: Christopher Saenz, City Clerk Emmanuel J Estrada, Mayor City Council Regular Meeting Minutes Page 6 of 6 b These minutes are presented in Agenda order. CALL TO ORDER The meeting was called to order by Chair Estrada approximately 7:12 p.m. ROLL CALL City Clerk Saenz conducted roll call: MEMBERS: Board Member Alejandra Avila (present) Board Member Jean M. Ayala (present) Board Member Daniel Damian (present) Vice -Chair Monica Garcia (absent) Chair Emmanuel Estrada (present) PUBLIC COMMUNICATIONS Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala Daniel Damian Chair Estrada opened public communication at approximately 7:22 p.m., the following spoke: 1) Cecelia Bernal 2) Irma Morales Seeing no more public speakers, Chair Estrada closed public communications. CONSENT CALENDAR Treasurer's Report FA — September 2023 Motion to receive and file the Treasurer's Report for September 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA ADJOURNMENT Chair Estrada closed public communications at approximately 8:37 p.m. ATTEST: Christopher Saenz, City Clerk Emmanuel J Estrada, Chair Mayor Mayor Pro Tem Councilmember Councilmember Councilmember These minutes are presented in Agenda order. CALL TO ORDER The meeting was called to order by Chair Estrada approximately 7:12 p.m. ROLL CALL City Clerk Saenz conducted roll call: MEMBERS: Board Member Alejandra Avila (present) Board Member Jean M. Ayala (present) Board Member Daniel Damian (present) Vice -Chair Monica Garcia (absent) Chair Emmanuel Estrada (present) Emmanuel J. Estrada Monica Garcia Alejandra Avila Jean M. Ayala Daniel Damian PUBLIC COMMUNICATIONS Chair Estrada opened public communication at approximately 7:22 p.m., the following spoke: 1) Cecelia Bernal 2) Irma Morales Seeing no more public speakers, Chair Estrada closed public communications. CONSENT CALENDAR Baldwin Park Housing Authority's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA 2. Treasurer's Report HA — September 2023 Motion to receive and file the Treasurer's Report for September 2023. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion. Passed [4 — 0]. AYES: AVILA, AYALA, DAMIAN, ESTRADA ADJOURNMENT Chair Estrada closed public communications at approximately 8:37 p.m. r_�NIM1 Christopher Saenz, City Clerk Emmanuel J Estrada, Chair ITEM NO. 4 La� TO: rHE,,� t FROM: s,ara;BIEL ` = DATE: AM") SUBJECT: Honorable Mayor and Members of the City Council Rose Tam, Director of Finance December 6, 2023 Implement and Update Written Policies and Procedures for Accounting and Financial Reporting SUMMARY The purpose of this staff report is to present updated accounting and financial reporting related policies and procedures as recommended by the City's independent auditors to the City Council for review and approval. RECOMMENDATION Staff recommends that the City Council review and approve the following accounting and financial reporting policies and procedures as follows: 1. Federal Awards Management Policy 2. Monthly and Annual Closing Policy and Procedures 3. GASB 87 — Lease Policy and Procedures 4. GASB 96 — Subscription -Based Information Technology Policies and Procedures FISCAL IMPACT None BACKGROUND The City's independent auditors have recommended the implementation and/or updating of several accounting and financial reporting -related policies and procedures. In response, the Finance staff has written a new policy and procedures to align with the new requirements of GASB 87 (Disclosure Requirements for Lessees) and GASB 96 (Subscription -Based Information Technology Arrangements). Additionally, they have reviewed and updated existing policies and procedures to incorporate the recommendations from the auditor's requirements. LEGAL REVIEW This report and the attachment have been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Federal Awards Management Policy 2. Monthly and Annual Closing Policy and Procedures 3. GASB 87 — Lease Policy and Procedures 4. GASB 96 — Subscription -Based Information Technology Policies and Procedures Page 1 / 1 H1, �71 City of Baldwin Park AN��tE� pA,VAL LEY FFo Policy and Procedures for Federal Awards Administration (Updated and Approved on December 6, 2023) Grant Administration The purpose of this policy is to establish procedures for administrating federal awards within the guidelines. The City of Baldwin Park does not have a centralized grants department, therefore it is the responsibility of each department obtaining a grant to care for and be familiar with all grant documents and requirements. If a grant is Federal, the department should immediately notify the Director of Finance for inclusion in the City's Single Audit. For the purpose of this policy, "Program Director" applies to the individual within a given department who will be responsible for the grant, and the "Administrator" applies to the federal grant agency. 1. Grant Development, Application, and Approval a. Legislative Approval — Once the grant plan is developed and the application is filed with the granting agency, legislative approval is required. If such legislative approval is not specifically required by the written terms of the grant, then the department head may, at his or her discretion, approve grant applications. In this case, a copy of the application shall be sent to the Administrator's office. If an award is given, a copy of the signed agreement shall also be furnished to the Administrator's office and the City's Director of Finance. Electronic copies are preferable. b. Matching Funds — Grants that require City matching funds must be coordinated through the Administrator's office. Available funds must be identified within the existing budget or a budget adjustment will be required for the match. Depending on the nature of the grant, there may be some considerations that may require further discussion and long-term planning prior applying for the grant. For example, the grant establishes a level of service that cannot be maintained once the grant funds are depleted. c. Grant Budgets — Most grants require the submission of an expenditure budget to the granting agency. The department head should review this requirement prior to submission and provide the personnel and all related cost projections to the City's Director of Finance for the budget preparation. 2. Grant Program Implementation a. Notification and Acceptance of an Award — Official notification of a grant award is typically sent by a funding agency to the program director and/or other official designated in the original grant proposal. However, the authorization to actually spend grant funds is derived from the Board through the approval of a grant budget. This is done with the adoption of the Government -wide operating budget, as the grant budget is a component of such. b. Establishment of Accounts —The department that obtained the grant will provide the Administrator's office with information needed to establish revenue and expense accounts for the project. Ordinarily, this information will include a copy of both a summary of the project and the budget. c. Purchasing Guidelines — All other Government purchasing and procurement guidelines apply to the expenditure of grant funds. The use of grant funds does not exempt any purchase from normal purchasing requirements. All typical paperwork and bidding requirements apply. All normal staff approvals apply. When in doubt, the Program Director should contact the Administrator's office for further assistance. 3. Financial and Budgetary Compliance a. Monitoring Grant Funds — The financial software is considered to be City of Baldwin Park's "official" accounting system. Ultimately, the information in this system is what will be audited and used to report to governing boards. Program Directors shall use inquiries and reports generated directly from the financial software to aid in grant tracking. If any "off - system" accounting records are maintained, it is the responsibility of the Program Director to ensure that the program's internal records agree to the City's accounting system. Departments may use some internal mechanism (such as a spreadsheet) to monitor grant revenues, expenditures and budgetary compliance, however all such financial information will also be maintained in the City's financial software system. b. Fiscal Years — Occasionally, the fiscal year for the granting agency will not coincide with the City's fiscal year. This may require adjustments to the internal budget accounts and interim financial reports as well as special handling during the fiscal year-end close. It is the responsibility of the department head to oversee their grant budgets within his/her department and to bring such discrepancies to the attention of the Administrator and Director of Finance at the time the grant accounts are established. c. Grant Budgets — When the accounting structure for a grant is designed, it will include the budget that was prepared when the grant application was submitted. The terms of each specific grant will dictate whether any budget transfers between budgeted line items will be permitted. In no case will the Program Director be authorized to exceed the total budget authority provided by the grant. If grant funds have not been totally expended by fiscal year-end, it is the responsibility of the Program Director to notify the Director of Finance that budget funds need to be carried forward to the new fiscal year, and to confirm the amounts of such carryforwards. This can be done during the City's normal annual budgeting process. Carryforwards of grant funds will be subjected to maximum allowable amounts/percentages based on the grant award agreement and/or the Uniform Guidance compliance supplement. d. Capital Assets — City of Baldwin Park is responsible for maintaining an inventory of assets purchased with grant monies. The City is accountable and must make them physically available for inspection during any audit. The Director of Finance must be notified immediately of any sale of these assets. Customarily, the proceeds of the sale can only be used on the grant that purchased them. In most cases, specific governing regulations can be found in the original grant. The individual department overseeing the grant will coordinate this requirement. All transactions that involve the acquisition or disposal of grant funded capital assets must be immediately brought to the attention of the Director of Finance. 4. Record beeping a. Audit Workpapers — The City's external auditors audit all grants at the end of each fiscal year. The department who obtained the grant will prepare the required audit workpapers. These will then need to be sent to the Director of Finance within a reasonable time following year end. b. Record eeping Requirements — Grant record keeping requirements may vary substantially from one granting agency to another. Consequently, a clear understanding of these grant requirements at the beginning of the grant process is vital. The Program Director within a department applying for a grant will maintain copies of all grant draw requests, and approved grant agreements including budgets. Uniform Guidance Compliance Supplement - General Information City Policies -The following financial policies/guidelines have been separately reviewed and approved by the City Council. These policies may be incorporated into this document by reference. All of the policies below are applicable to Federal grants where appropriate- • Accounts Payable Guidelines • ACH Policy • Bidding Policy • Bond and Annexation Policy • Contracts — Designate Signatory • Fixed Assets Policy • Illegal or Unauthorized Expenditures • Insurance Settlement Policy • Investment Policy • Purchasing Policy • Travel Reimbursement Policy Please see the City's Code of Ordinances and/or Policies on the City of Baldwin Park website for a full listing of policies. Uniform Guidance Compliance Supplement - Activities Allowed/Un-allowed and Allowable Costs/Cost Principles The requirements for allowable costs/cost principles are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions or the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures. 1. All grant expenditures will be in compliance with the Uniform Guidance, State law, City Government policy, and the provisions of the grant award agreement will also be considered in determining allow ability. Grant funds will only be used for expenditures that considered reasonable and necessary for the administration of the program. 2. Grant expenditures will be approved by the department head when the bill or invoice is received. The terms and conditions of the Federal Award will be considered upon approval. Accounts payable disbursements will not be processed for payment until all necessary approval has been obtained. 2. Payroll costs will be documented in accordance with the Uniform Guidance. Specifically, compensation for personal services will be handled as set out in-200.430 and compensation for fringe benefits will follow �200.431 of the Uniform Guidance. Uniform Guidance Compliance Supplement - Cash Management Source of Governing Requirements — The requirements for cash management are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions or the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures) ' 1. Most of the City's grants are awarded on a reimbursement basis. As such, program costs will be expended and disbursed prior to requesting reimbursement from the grantor agency. If Federal grant funds are received first, care will be taken in order to minimize the time elapsing between receipt of Federal funds and disbursement to contractors/employees/sub-recipients according to-200.302 (6) of the Uniform Guidance. 2. Cash draws will be initiated by the Program Director who will determine the appropriate draw amount. Documentation of how this amount was determined will be retained. Payments and travel costs will be handled in a manner consistent with the City's existing Accounts Payable policies and in accordance with -__200.305 (payments) and 00.474 (travel costs) of the Uniform Guidance. 3. The physical draw of cash will be processed in the City's financial software, Tyler Incode 10 and related banking system, or through the means prescribed by the grant agreement for other awards. 4. Supporting documentation or a copy of the cash draw paperwork will be filed along with the approved paperwork described above by the Finance Department, the grant receiving department, and retained for audit purposes. Uniform Guidance Compliance Supplement - Eligibility Source of Governing Requirements - The requirements for eligibility are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. Additional Policies and ProceduresuThe following policies and procedures will also be applied, to the extent that they do not conflict with or contradict the existing City/Board policies. 1. Federal grants will only benefit those individuals and/or groups of participants that are deemed to be eligible. 2. Initial eligibility determinations will be made by the Program Director based on the grant award/contract. Sufficient documentation to support these determinations will be retained and made available to administration, auditors, and pass -through or grantor agencies, upon request. It is the receiving grant department's responsibility to maintain complete, accurate, and organized records to support eligibility determinations. Uniform Guidance Compliance Supplement - Equipment and Real Property Management Source of Governing Requirements - The requirements for equipment are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. Additional Policies and Procedures -The following policies and procedures will also be applied, to the extent that they do not conflict with or contradict the existing policies. In order to ensure compliance with these requirements, The City has implemented the following policies and procedures__i 1. All equipment will be used in the program for which it was acquired through Federal grants/funds. 2. When required, purchases of equipment will be pre -approved by the grantor or pass - through agency. The Program Director will be responsible for ensuring that equipment purchases have been previously approved, if required, and will retain evidence of this approval. 3. Property/Equipment records will be maintained, a physical inventory shall be taken every two years, and an appropriate system shall be used to safeguard assets. 4. When assets with a current per unit fair market value of $5,000 or more are no longer needed for a Federal program, a request for written guidance shall be made from the grantor agency as to what to do with the property/equipment prior to sale or relocation. The City shall abide with the requirements set out in 200.311 and 1200.313 of the Uniform Guidance in this regard. If a sale will take place, proper procedures shall be used to provide for competition to the extent practical and result in the highest possible return. Uniform Guidance Compliance Supplement - Matching, Level of Effort and Earmarking Source of Governing Requirements — The requirements for matching are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for level of effort and earmarking are contained in program legislation, Federal awarding agency regulations, and the terms and conditions of the award. City of Baldwin Park defines "matching", "level of effort", and "earmarking" consistent with the definitions of the Uniform Guidance Compliance Supplement:--: Matching or cost sharing includes requirements to provide contributions (usually non -Federal) or a specified amount or percentage of match Federal awards. Matching may be in the form of allowable costs incurred or in -kind contributions (including third -party in -kind contributions). Level of effort includes requirements for (a) a specified level of service to be provided from period to period, (b) a specified level of expenditures from non -Federal or Federal sources for specified activities to be maintained from period to period, and (c) Federal funds to supplement and not supplant non- Federal funding of services. Earmarking includes requirements that specify the minimum and/or maximum amount of percentage of the program's funding that must/may be used for specified activities, including funds provided to subrecipients. Earmarking may also be specified in relation to the types of participants covered. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures, - Compliance with matching, level of effort, and earmarking requirements will be the responsibility of Program Director. 2. Adequate documentation will be maintained to support compliance with matching, level of effort, and earmarking requirements. Such information will be made available to administration, auditors, and pass -through or grantor agencies, as requested. Uniform Guidance Compliance Supplement - Period of Performance Source of Governing Requirements — The requirements for period of performance of Federal funds are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures,- 1. Costs will be charged to an award only if the obligation was incurred during the funding period unless pre -approved by the Federal awarding agency or pass -through grantor agency. 2. All obligations will be liquidated no later than 90 days after the end of the funding period or as specified by program legislation. 3. Compliance with period of performance requirements will initially be assigned to the Program Director. Uniform Guidance Compliance Supplement - Procurement, Suspension and Debarment Source of Governing Requirements — The requirements for procurement are contained in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. The requirements for suspension and debarment are contained OMB guidance in 2 CFR part 180, which implements Executive Orders 12549 and 12689, Debarment and Suspension -Federal agency regulations in 2 CFR implementing the OMB guidanceCthe Uniform Guidance program IegislationC Federal awarding agency regulations Land the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures- 1. Purchasing and procurement related to Federal grants will be subject to the general policies and procedures of the City. (See City Purchasing and Bidding Policy) 2. Contract files will document the significant history of the procurement, including the rationale for the method of procurement, selection of the contract type, contractor selection or rejection, and the basis of contract price. 3. Procurement will provide for full and open competition. 4. No employee, officer, or agent may participate in the selection, award, or administration of a contract supported by a Federal award if he or she has a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of his or her immediate family, his or her partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. The officers, employees, and agents can neither solicit nor accept gratuities, favors, or anything of monetary value from contractors or parties to subcontracts. If the financial interest is not substantial or the gift is an unsolicited item of nominal value, no further action will be taken. However, disciplinary actions will be applied for violations of such standards otherwise. 5. The City will avoid acquisition of unnecessary or duplicative items. Consideration will be given to consolidating or breaking out procurements to obtain a more economical purchase. Where appropriate, an analysis will be made of lease versus purchase alternatives, and any other appropriate analysis to determine the most economical approach. The City will also analyze other means, as described in L200.318 of the Uniform Guidance, in order to ensure appropriate and economic acquisitions. 6. The Government is prohibited from contracting with or making sub -awards under covered transactions to parties that are suspended or debarred or whose principals are suspended or debarred. "Covered transactions" include those procurement contracts for goods and services awarded under a non -procurement transaction (i.e., grant or cooperative agreement) that are expected to equal or exceed $20,000 or meet certain other specified criteria. All non -procurement transactions (i.e., sub -awards to subrecipients), irrespective of award amount, are considered covered transactions. 7. City of Baldwin Park will include a suspension/debarment clause in all written contracts in which the vendor/contractor will certify that it is not suspended or debarred. The contract will also contain language requiring the vendor/contractor to notify the Government immediately upon becoming suspended or debarred. This will serve as adequate documentation as long as the contract remains in effect. 8. The Program Director or designee will be responsible for reviewing and tracking a year-to- date transaction report from the City's accounting system. Any vendor with accumulated transactions equaling or exceeding $20,000 that is not subject to a written contract including a suspension/debarment clause or for which a signed statement or suspension or debarment is not on file will be subject to additional procedures. The Program Director or designee will check the Excluded Parties List System (EPLS) maintained by the General Services Administration (GSA) for the vendor name. A potential match will be followed -up on immediately. Each vendor searched on EPLS will be initialed on the vendor transaction report and the report will be signed and dated on the first or last page. The vendor transaction report will be retained as evidence of the control. 9. If a vendor is found to be suspended or debarred, the City will immediately cease to do business with this vendor. 10. Executed contracts will be retained and filed by City Clerk's office and the Program Director. Uniform Guidance Compliance Supplement - Program Income Source of Governing Requirements — The requirements for program income are found in the Uniform Guidance, program legislation, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, the City has implemented the following policies and procedures:` 1. Program income will include (but will not be limited to)Flincome from fees for services performed, the use or rental of real or personal property acquired with grant funds, the sale of commodities or items fabricated under a grant agreement, and payments of principal and interest on loans made with grant funds. It will not include interest on grant funds unless otherwise provided in the Federal awarding agency regulations or terms and conditions of the award. 2. The City will allow program income to be used in one of three methods : a. Deducted from outlays b. Added to the project budget c. Used to meet matching requirements Absent specific guidance in the Federal awarding agency regulations or the terms and conditions of the award, program income shall be deducted from program outlays. 3. Program income, when applicable, will be accounted for as a revenue source in the same program code (whether it is division or project in the financial software Tyler Incode 10) as the Federal grant. Uniform Guidance Compliance Supplement — Reporting Source of Governing Requirements - Reporting requirements are contained in the following documents -Uniform Guidance, Performance reporting, 2 CFR section 215, Performance reporting, 2 CFR section 215.51, program legislation, ARRA (and the previously listed OMB documents and future additional OMB guidance documents that may be issued), the Transparency Act, implementing requirements in 2 CFR part 170 and the FAR, and previously listed OMB guidance documents, Federal awarding agency regulations, and the terms and conditions of the award. In order to ensure compliance with these requirements, City has implemented the following policies and procedures 1. Reports will be submitted in the required frequency and within the required deadlines. 2. Reports will be completed using the standard forms (as applicable) and method of delivery (i.e., email, grantor website, postal service, etc.). 3. Regardless of the method of report delivery, a copy of the submitted report will be retained along with any documentation necessary to support the data in the report. The report will evidence the date of submission in order to document compliance with timeliness requirements. This may be done either physically or electronically. 4. Financial reports will always be prepared based on the general ledger using the required basis of accounting (i.e., cash or accrual). In cases where financial data is tracked outside of the accounting system (such as in spreadsheets or paper ledgers), this information will be reconciled to the general ledger prior to report submission. 5. Any report with financial -related data will either be prepared or reviewed by the Program Director and will have the appropriate review based on specific grant guidelines. 6. Preparation of reports will be the responsibility of Program Director. All reports (whether financial, performance, or special) must be reviewed and approved by the Director of Finance (as applicable) prior to submission. This will be evidenced by either physical signatures or electronic timestamps of approval. 7. Copies of submitted reports with preparer and reviewer signatures and data will be filed with supporting documentation and any follow-up correspondence from the grantor or pass -through agency. Copies of all such reports will be made available to administration, auditors, and pass - through or grantor agencies, as requested. Uniform Guidance Compliance Supplement - Subrecipient Monitoring Source of Governing Requirements - The requirements for subrecipient monitoring are contained in 31 USC 7502(f) (2) (B) (Single Audit Act Amendments of 1996 (Pub. L. No. 104-156)), Uniform Guidance, program legislation, 2 CFR parts 25 and 170, and 48 CFR parts 4, 42, and 52 Federal awarding agency regulations, and the terms and conditions of the award. The City will review and oversee subrecipient activity and obtain a copy of their single audit. Other oversight processes and procedures will be established on a case by case basis, dependent on grant requirements and the level of activity of the sub -recipient. Uniform Guidance Compliance Supplement - Special Tests and Provisions Source of Governing Requirements - The laws, regulations, and the provisions of contract or grant agreements pertaining to the program Additional Policies and Procedures -The following policies and procedures will also be applied to the extent that they do not conflict with or contradict the City's policies listed on page 3 In order to ensure compliance with these requirements, City has implemented the following policies and procedures'.-. 1. The Program Director will be assigned the responsibility for identifying compliance requirements for special tests and provisions, determining approved methods for compliance, and retaining any necessary documentation. Uniform Guidance Compliance Supplement — Time and Effort Reporting Source of Governing Requirements — As a recipient of federal funding, the City of Baldwin Park is required to comply with the requirements of Title 2 U.S. Code of Federal Regulations Part 200, Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. Policy Statement: 1. Each employee whose time is committed to a federally sponsored program is required to complete a time and effort report (timesheet). 2. The City of Baldwin Park will use an "after -the -fact -effort" reporting system. This indicates that the distribution of salaries and wages will be supported by time and effort reports. 3. Time and Effort Reporting shall reasonably reflect the percentage distribution of effort expended by the City employees involved in federally funded grants. These reports shall reasonably reflect the activity for which the employee is compensated and shall include all activities an integrated basis. Time and effort reports must represent, in percentage totaling 100E , a reasonable estimate of an employee's effort for the period reported. 4. The Finance Department is responsible for the distribution, collection, and retention of copies of all time and effort reports. Procedures: The Program Director will identify and determine the particular employees that are required to complete a time and effort for each payroll. The determination should be in accordance with the grant budget submitted to the grantor 2. City employees receiving a time and effort report shall complete with the actual percentages of effort for the given period. They will sign the effort report to verify and obtain the manager's signature. 3. The federal grant program distribution of wages/salaries for each employee should be supported by the time and effort report which includes the actual effort and the following- • Employee Name • Payroll Period • Grant Name(s)/Fund#/Project# • Payroll job code allocation number(s) • Total hours paid during the pay period. Reports must account for all of the employee's hours. This means total hours during the pay period which includes the regular, overtime, sick, vacation, holiday, and/or any other hours reported during the pay period. • Hours worked during the pay period for each grant project, program or non-federal activity. The report must reflect an "after -the fact" distribution of the actual employee's hours. This means the number of hours worked on each program if the employee worked on multiple programs. Supervisor signature. The supervisor having first-hand knowledge of the work performed by the employee will review and sign -off on the time and effort report. 4. Each time and effort report may be accompanied with documentation as needed that provides evidence of effort throughout the time and period of the report. 5. All employees must sign their own individual time and effort report. In addition, the Program Director must review, verify and sign or approve electronically all effort reports and must be submitted to the Finance Department. 6. Any salary reallocation or adjustments resulting from time and effort reports will be made as determined between the Finance Director and Program Director. 7. Evidence of salary reallocations (budget revisions) must accompany a modified time and effort report. 8. The Finance Department will incorporate the time and effort reports in the grant file and retain them for compliance purposes. These reports should be completed in a timely manner and must be made available for audit. Uniform Guidance Compliance Supplement — Single Audit Requirements The Schedule of Expenditures of Federal Awards (SEFA) reporting is the process of preparing a financial statement schedule that lists the City of Baldwin Park's expenditures of federal assistance for the fiscal year by federal agency, grant number and amount. SEFA reporting is required under the Uniform Guidance, 2 CFR 200, Subpart F — Audit Requirements, if the City of Baldwin Park is subject to the Single Audit requirement, which is triggered when the federal expenditures reported on the SEFA meet the Federal threshold for major federal programs within a fiscal year. Reporting Guidelines: The City of Baldwin Park's SEFA is conducted by the Finance Department and is published as part of the Single Audit Reporting Package. The Schedule should include all expenditures of federal awards that were received directly from a federal agency and indirectly (pass -through) from a state agency, local government or other nongovernmental entity. Federal award information can be found in the staff report presented to the City Council or provided by the department requesting for the Federal award. Report award -related expenditures in the year they take place, even if the government will not be reimbursed by the awarding agency until the following year. At a minimum, the SEFA should contain the following for each federal grant; - Grant agreement and notice of the award, as applicable - Type of grant (e.g., reimbursement basis or structured payments) - Program name and cluster title (if applicable) - Name of federal funding agency - The Catalog of Federal Domestic Assistance (CFDA) number for each reward - Pass -through entity (if applicable) - Pass -through entity identifying number (if applicable) - Amount passed through to each subrecipient (if applicable) - Award amount - Award date ' Match requirement (if applicable) - Period of performance Footnote disclosures or comments The SEFA should be prepared on the same basis of accounting as the financial statements. To facilitate Unx*ly and accurate preparation of m 8EFA for fiscal year end, a monthly reconciliation of expenditures in the general ledger should be performed. The City should include grant -specific coding/project number in their charts of 000nunbs to identify eligible expenditures. The Finance Department should naviovv grants included in the previous year's 8EFAto determine if they should be included inthe current year 8EF& It is important to note that the expenditures reported on the SEFA will not necessarily tie to those reported on the operating statement, especially if the federal awards include loans or non -cash awards (property, supplies, etc.). In situations vvhen* expenditures reported in the 8EFA are not the same an the expenditures reported in the general ledger (due to outstanding loan balances, timing of grant awards, expenditures incurred in a prior period, etc.), a reconciliation should be included in the notes to the SEFA. The City is required to submit the Data Collection Form and the reporting package tnthe Federal Audit Clearinghouse and the State Controller's Office in accordance with Federal guidelines, which include the Basic Hnenoie| Statements of the City, within the earlier of 30 days after receipt of the auditor's report, ornine months after the end ofthe audit period. Housing Quality Standard Inspections and Utilities Allowance In regard to Housing Uun|ih/ Standard Inspections and Utilities /\||owanne, please refer to the Bo|Uvvin Park Housing Authority Administration Plan, which seta the standards for the Housing Division for inspection and reviews the utilities allowance in otinne|y manner. The Housing Authority Administration Plan is maintained by the Housing Manager and the Community Development Director and reviewed and adopted bythe City Council. 1aPLD City of Baldwin Park SAN I ABRIEL Monthly and Annual Closing Policy and Procedures LLEi", (Updated and Approved on December 6, 2023) I Ei Purpose: To ensure timely financial recording and reporting by establishing a checklist to better organize staff assignments and duties in the Finance Department. It helps to ensure consistency and completeness in carrying out department -wide tasks. 11 L1 Procedures: Checklists can help us stay more organized by ensuring that we don't skip any steps in a process. They are easy to use and effective. The Checklist is shown belowE .... b ..... . . . . . . . . . . . . . . . . . . . ....................... .. . . . . . . . .. .. . . . . . . . . . . . . .. ...... . .. . .. . .. . .. . k P Accountant Bank Reconciliation City of Baldwin Park Financing Authority Monthly Accountant Bank Reconciliation City of Baldwin Park as Successor Monthly Accountant Bank Reconciliation Baldwin Park Charitable Relief Foundation Monthly Accountant Bank Reconciliation Liability Account Monthly Accountant Bank Reconciliation Payroll Account Monthly Accountant Bank Reconciliation Baldwin Park Resident Owned Utility District Monthly Accountant Bank Reconciliation City of Baldwin Park Housing Authority Monthly Accountant Bank Reconciliation LAW Reconciliation Monthly Accountant Bank Reconciliation City of Baldwin Park Housing Authority Monthly Accountant Bank Reconciliation Main General Operation Bank Reconciliation Monthly Management Analyst Budget Adjustments/ Transfers Record Budget Adjustments/Transfers from Council Meeting Minutes Monthly Senior Finance Clerk General Ledger - -burnal Tenant Rent Payments Monthly Senior Finance Clerk General Ledger - --ournal Loan Receivable Payment Monthly Senior Finance Clerk General Ledger - : burnal Record Credit Card Fees Monthly Senior Finance Clerk General Ledger -burnal Cash Transfer from SA to Gen. Fund for Payroll Monthly Senior Finance Clerk General Ledger - -burnal Liability and Workers Comp. Transaction Monthly Senior Finance Clerk General Ledger - Eburnal NSF'S and ACH Recording Monthly Accountant General Ledger - burnal Transfer for Liability Costs Monthly Accountant General Ledger - -burnal HUD Disbursement Monthly Accountant General Ledger - burnal HUD 108 Wire Transfer Payment Monthly Accountant General Ledger - -burnal Record HAPS and Admin Fees Monthly Accountant General Ledger - burnal Transfer to Fund Payroll Monthly Accountant General Ledger - F'ournal Transfers made AP & Payroll for Housing and Successor Agency Monthly Accountant General Ledger - -ournal Monthly Analysis Charges Monthly Accountant General Ledger - burnal Money Market Interest Monthly Accountant General Ledger - burnal CDBG Home Drawdown Monthly Management Analyst/ Accounting Manager General Ledger - -ournal To Record Credit Card Payment in Transit Monthly Management Analyst/ Accounting Manager General Ledger - ournal Internal Service Charges Monthly Management Analyst/ Accounting Manager General Ledger - �burnal Record Property Tax Remittance Monthly Accountant General Ledger - �urnal LAIF 1uarter Interest Allocation /Pa ment Euarterl Accountant Trustee Interest Income Interest allocation for interest income from Trustee uarterl Accountant Fixed Assets Book Asset Additions E uarterl Accountant Fixed Assets Book Asset Deletions E uarterl Accountant Construction in Progress Review/Monitor/Evaluate/Booking Construction in Progress E uarterl Accountant Debt Service State of California ECAA Loan 06/22E12/22 Accountant Debt Service Record Transfer to US Bank Measure M 06/01 F112/01 Accountant Debt Service Principal/Interest Payment on Measure M Bonds (Rail Crossing Safety Improvement Project 06/01 Lill2/01 Accountant Debt Service Principal/interest Payment on POB 06/01" 12/01 Accountant Debt Service Principal/Interest Payment on SA 2017 Bond 03/01 09/01 Accounts Payable Debt Service Principal/interest Payment on 2017 Lease Revenue Bond 02/01 E08/01 Accountant «Fixed Assets Fixed Asset Depreciation 12/31 E06/30 Payroll Specialist Personal Management Employee Compensated Absences Report 07/31'i Payroll Specialist I Personal Management Leave End of Year Process 07/31i Accounts Payable Accounts Payable Run Aging Report 09/01 Accounts Payable Accounts Payable Run Open Payable Report 09/01' Accounts Payable Accounts Payable Run Expense Approval Report 09101 Accounts Payable 'Accounts Payable Run Check Report 09/01i Management Analyst Purchasing Run GL Encumbrance Report 09/01i Management Analyst Purchasing Run GL Reserve Report 09/01 Management Analyst Purchasing Run PO Aging Report 09/01 Management Analyst Purchasina Run PO Status Report 09/01 Management Analyst Purchasing Purchase Order Fiscal Year End Process 09/01i Accountant Balance Sheet Prepare Accounts Payable Lead Sheets 09/15 Accountant Balance Sheet` Prepare Receivable Lead Sheets 09/15 Accountant Balance Sheet Prepare Payroll Withholding Lead Sheets 09/15 Accountant Bank Reconciliation Run Bank' Transaction Report 09/15 Accountant Bank Reconciliation Update Final Bank Reconciliation Process 09/15 Accountant Fixed Assets - Report Asset Master Report 09/15 Accountant Fixed Assets - Report Asset Auditor Report ort 09/15' Payroll Specialist Personal Management 941 Reconciliation-[- uarterl Following month after uarter end Management Analyst Pro iect Accounting Project Balance Report 09/15 IT/Accounting Manager General Ledger End of Year Back-up Tape 09/30 Management Analyst/ Accounting`Manager General Ledger Soft Close for Year -End 09/30 Accounting Manager General Ledger - Report Transaction Report 09/30 Management Analyst/ Accounting Manager General Ledger - Report Detail Report 09/30 Management Analyst/ Accounting Manager General Ledger - Report Income Statement Report 09/30 \\ NNUUMVP\ \ ........... VIO, vs Management Analyst/ 09/30 Accounting Manager General Ledger - Report Trial Balance Report Management Analyst/ 09/30 Accounting ` Manager General Ledger - Report Balance Sheet Report Accounting Manager General Ledger - Report Pooled Cash Report 09/30 Management Analyst/ 09/30 Accounting ' Manager General Ledger - Report Account Listing Report Management Analyst/ Post Audit Accounting Manager General Ledger Hard Close .HUDOF . City of Baldwin Park �,ABR w GASB 87 — Leases Policies & Procedures p �o7p LLEY (Approved December 6, 2023) Purpose GASB Statement No. 87, Leases, provides guidance for lease contracts for nonfinancial asset including vehicles, heavy equipment, and buildings but excludes nonexchange transactions, including donated assets, and leases of intangible assets (such as patents and software licenses). Under this Statement, a lessee is required to recognize a lease liability and an intangible right -to - use lease asset, and a lessor is required to recognize a lease receivable and a deferred inflow of resources, thereby enhancing the relevance and consistency of information about the City' leasing activities. Definition of a Lease A lease is defined as a contract that conveys control of the right to use another entity's nonfinancial asset (the underlying asset) as specified in the contract for a period of time in an exchange or exchange -like transaction. Examples of nonfinancial assets include buildings, land, vehicles, and equipment. Any contract that meets this definition should be accounted for under the lease's guidance, unless specifically excluded in this Statement. Lessee Accounting As a lessee, the City will report the following in its financial statements: • Amortization expense for using the lease asset (similar to depreciation) over the shorter of the term of the lease or the useful life of the underlying asset. • Interest expense on the lease liability. • Note disclosures about the lease, including a general description of the leasing arrangement, the amount of lease assets recognized, and a schedule of future lease payments to be made. The City should recognize a lease liability and a lease asset at the commencement of the lease term, unless the lease is a short-term lease, or it transfers ownership of the underlying asset. The lease liability should be measured at the present value of payments expected to be made during the lease term (less any lease incentives). The lease asset should be measured at the amount of the initial measurement of the lease liability, plus any payments made to the lessor at or before the commencement of the lease term and certain direct costs. The City should reduce the lease liability as payments are made and recognize an outflow of resources (for example, expense) for interest on the Liability. The City should amortize the lease asset in a systematic and rational manner over the shorter of the lease term or the useful life of the underlying asset. The notes to financial statements should include a description of leasing arrangements, the amount of lease assets recognized, and a schedule of future lease payments to be made. 171 Lessor Accounting As a lessor, the City will report the following in its financial statements: • Lease revenue, systematically recognized over the term of the lease, corresponding with the reduction of the deferred inflow. • Interest revenue on the receivable • Note disclosures about the lease, including a general description of the leasing arrangement and the total amount of inflows of resources recognized from leases. The City should recognize a lease receivable and a deferred inflow of resources at the commencement of the lease term, with certain exceptions for leases of assets held as investments, certain regulated leases, short-term leases, and leases that transfer ownership of the underlying asset. The City should not derecognize the asset underlying the lease. The lease receivable should be measured at the present value of lease payments expected to be received during the lease term. The deferred inflow of resources should be measured at the value of the lease receivable plus any payments received at or before the commencement of the lease term that relate to future periods. The City should recognize interest revenue on the lease receivable and an inflow of resources (for example, revenue) from the deferred inflows of resources in a systematic and rational manner over the term of the lease. The notes to financial statements should include a description of leasing arrangements and the total amount of inflows of resources recognized from leases. Interest Expense and Revenue The interest expense and revenue for the lease accounting utilizes the incremental borrowing rates that are provided by third parties that specialize in the GASB 87 pronouncement. Lease Modifications and Terminations An amendment to a lease contract should be considered a lease modification, unless the lessee's right to use the underlying asset decreases, in which case it would be a partial or full lease termination. A lease termination should be accounted for by reducing the carrying values of the lease liability and lease asset by a lessee, or the lease receivable and deferred inflows of resources by the lessor, with any difference being recognized as a gain or loss. A lease modification that does not qualify as a separate lease should be accounted for by remeasuring the lease liability and adjusting the related lease asset by a lessee and remeasuring the lease receivable and adjusting the related deferred inflows of resources by a lessor. Transactions that are excluded from GASB 87 The Statement excludes the following items from its application: • Leases for intangibles (including computer software), except for sublease of intangible right -to -use leased asset • Leases for biological assets • Leases for inventory • Leases where underlying asset financed with conduit debt, except for underlying asset and conduit debt reported by lessor 2 • Service concession agreements • Supply contracts - electric power purchase agreements • Short-term leases (maximum term 12 months or less) • Contracts that transfer ownership of the underlying asset to the lessee (see Capital Financing Activities) General Rule for Reporting Leases to the Finance Department Departments that initiate lease agreements are required to communicate to the Finance Department lease terms, options, and payment provisions. When there is a change in a lease term, estimated lease payment amounts, or other components of lease agreements, such information should be communicated to the Finance Department in a timely manner. Q� ULlOF City of Baldwin Park TF, � 'NE � 5GagR E GASB 96 — Subscription -Based Information Technology o ;NALLEV °F Arrangements (SBITA) Policies & Procedures (Approved December 6, 2023) Purpose GASB 96 establishes uniform accounting and financial reporting requirements for Subscription - Based Information Technology Arrangements (SBITA). All Software Contracts meeting GASB- 96 criteria must report a liability and an intangible right to use assets. Additionally, essential information about the arrangement must be disclosed in the financial statements. To the extent relevant, the standards for SBITAs are based on the standards established in Statement No. 87, Leases, as amended. GASB 96 Accounting and Reporting GASB 96 applies to government agencies who are currently using information technology (IT) software such as Office 365, Adobe, Zoom, and others as specified in their contracts. A SBITA is defined as a contract that conveys control of the right to use another party's (a SBITA vendor's) information technology (IT) software, alone or in combination with tangible capital assets (the underlying IT assets), as specified in the contract for a period of time in an exchange or exchange -like transaction. Implementation of GASB 96 will require performance of the following general steps: 1) Measurement of the total SBITA liability by fund. 2) Determination of current fiscal year-end liabilities per existing SBITA contracts. 3) Measurement of the right -to -use SBITA asset. 4) Determination of the stages of implementation and associated costs for each SBITA. 5) Determination of beginning balance adjustments required. • GASB 96 will likely result in a beginning balance adjustment for the impact on net position to the government -wide financial statements and proprietary funds after all liabilities and assets are recognized in the accounting system. 6) Calculation of amortization tables for each SBITA. Each SBITA will require an amortization table to split the subscription payments between Liability and interest expense over the life of the SBITA. 7) Calculation of necessary journal entries. - Journal entries will differ depending on their fund type and whether that fund requires modified accrual accounting entries. 8) Activities associated with a SBITA, other than making subscription payments, are grouped into the following stages and their costs are accounted for accordingly: Preliminary Project Conceptual formulation, Expensed as incurred Stage evaluating alternatives, determining needed technology, and final selection. Initial Implementation All necessary charges to place the Capitalized, except Stage subscription asset into service, for short-term SBITA including design, configuration, coding, testing and installation. Operation and Subsequent implementation Expensed as Additional activities: maintenance, incurred, unless meet Implementation Stage troubleshooting, and other capitalization criteria activities for ongoing operations. All Stages I Training I Expensed as incurred 9) Submission of SBITA disclosures, worksheets and GAAP adjusting journal entries by fund for all SBITAs. 10) Annual submission of SBITA disclosures and GAAP adjusting journal entries by fund for all SBITAs other than short-term SBITAs each fiscal year-end. Exclusions 1) Standalone IT Support/ Maintenance service contracts that do not include the right to use an underlying IT asset. 2) Contracts that convey control of right to use IT software and tangible assets that meet the definition of a lease in GASB Statement 87, where the software component is insignificant compared to the cost of the underlying tangible capital asset (for example, a computer with operating software or a smart copier that is connected to an IT system). 3) Contracts that meet the definition of a public -private and public -public partnership and availability payment arrangements in GASB Statement 94. 4) Licensing arrangements that provide a perpetual license to governments to use a vendor's computer software, which are subject to GASB Statement 51. A perpetual agreement gives the buyer the right to use the software for an indefinite amount of time (in perpetuity). 5) Short-term SBITA contracts, under 12 months including exercised renewal periods. 6) Governments that provide the right to use their IT software and associated tangible capital assets to other entities through SBITA. 7) The City will have an annual review of the lease to determine if needed and funding available to purchase. 8) The lease does not renew automatically without a newly signed agreement from the City. 9) The lease had been paid as a one-time payment for one year. 2 10) The City will not continue the lease into the future. 11) The lease liability would not exist if we did not have any leases to record. 12) The lease liability would not exist without any accounts as the lease would not exist without any accounts. Short-term SBITA A short-term SBITA is a SBITA that, at the commencement of the subscription term, has a maximum possible term under the SBITA contract of 12 months (or less), including any options to extend, regardless of their probability of being exercised. For a SBITA that is cancelable by either the City or the SBITA vendor, the maximum possible term is the amount of time either party is required to notify the other party of the cancellation (notice period). The City should recognize short-term subscription payments as outflows of resources (i.e., expenditures) based on the payment provisions of the SBITA contract. For short-term SBITA below the $5,000 capitalization threshold, departments will recognize expenditure/expense on subscription payments made. 3 ITEM NO. 5 LD TO: Honorable Mayor and Members of the City Council HUB,OF rHE,,FROM: Sam Gutierrez, Director of Public Works sang o6'EL PREPARED BY: Anthony Vazquez, Public Works Manager Mar c: �AMIL) DATE: December 6, 2023 SUBJECT: Approve Appropriation of Additional Funds Within the Public Works Fleet Division Operations Budget for Replacement of Compressed Natural Gas (CNG) Tanks for Three Maintenance Work Utility Trucks. SUMMARY This item seeks City Council authorization to approve an appropriation of additional funds for replacement of CNG tanks in three (3) maintenance work trucks within the Department of Public Works. These vehicles are still in good operating condition and at a minimum, extend their useful life an additional 5 (five) years. Although the funds for the expenditures were approved and budgeted in the City's FY2023-24 Operations Budget, the total amount for this expenditure could potentially impact Fleet Service's ability to perform essential services. RECOMMENDATION It is recommended that the City Council: Approve appropriation of additional funds in the amount not -to -exceed $20,000 for Professional Services within Public Works Fleet Maintenance Division of FY23-24; and, 2. Authorize the Director of Finance to make the necessary appropriation, budget adjustments. FISCAL IMPACT There is no impact to the General Fund. The appropriation will come from the unappropriated fund balance in Fund #402 — Fleet Services in the amount of $20,000 as follows: Description .Amount Appropriate Fund #402 — Acct. #402.50.590.51101.00000 $20,000 Total Appropriation $20,000 BACKGROUND The Fleet Maintenance Division of the Department of Public Works is responsible for overseeing the upkeep of 145 city vehicles, as well as various general maintenance equipment utilized by different City Departments. Among these vehicles are three original Compressed Natural Gas (CNG) work trucks acquired in 2005, currently assigned to the Fleet Maintenance and Street Landscape Maintenance Divisions. The division consistently assesses the condition, size, and composition of the fleet, considering factors such as vehicle downtime, mileage, maintenance history, driver feedback, and departmental requirements. By utilizing this information, the Public Works Department can establish and manage an optimal vehicle inventory. Fleet Maintenance actively seeks opportunities to enhance vehicle utilization, reduce emissions, conserve fuel, and minimize maintenance costs. DISCUSSION As result of the annual vehicle assessment and evaluation process, Fleet Maintenance identified three (3) work trucks as requiring replacement of CNG tanks in the upcoming years. Although, the CNG tanks are certified for a 20-year lifespan, staff detected an odor of gas emanating from within the cab, indicating a potential leak. This Page 1 / 2 prompted staff to take the vehicles out of operation until the tanks can be replaced. Despite the trucks being in good condition with low mileage and essential to maintenance staff needs, the expedited replacement is deemed necessary. An additional appropriation is being requested to cover cost of replacements and limit the impact to the Fleet operations budget. Approval of this appropriation will allow the Fleet Division to move forward with replacing the tanks and ensuring that the vehicles return to operation as quickly as possible. Following the City's procurement process, Staff has solicited request for quotes and identified only two qualified vendors capable of performing this specialized work. These vendors have submitted qualifying quotes for the necessary tank replacement, ensuring the vehicles can safely operate for at least an additional five (5) years. Upon review of the quotes and considering the specialty experience necessary to do the work, National CNG & Fleet Services has been selected as the preferred service provider for this project. Summary of the professional services to be provided are as follows: Vendor Description of Services Amount Remove and replace three (3) CNG tanks with mounting brackets National CNG & Fleet and labor to replumb all lines. Additional funds for any potential $20,000 Services modifications required for tank cover installation ALTERNATIVES The City Council may choose not to approve this item and direct staff with a desired alternative. CEQA REVIEW The action being considered by the city council is exempt from the California Environmental. Quality Act (CEQA) because it is not a "project" under section 15378(b)(5) of CEQA guidelines. The action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Requisition for National CNG & Fleet Services 2. Two (2) quotes submitted for tank replacement work from qualified vendors. Page 2 / 2 Date: 11.15.2023 Vendor: Requisition #: Date Required: CITY OF BALDWIN PARK PURCHASE REQUISITION National CNG & Fleet Services Address: 1133 State St. Phone #: (909) 986-7441 Ontario, CA 91762 Fax # P.O. #: Vendor #: Order Date: Item Qty Unit Catalog/Item NoMescription Account No. Unit Price Total Amount Purchase order for selected vendor to remove and replace three (3) CNG tanks for three (3) 402.50.590.51101.00000 20,000.00 2005 CNG trucks. CNG tanks are nearing their end -of -life and require immediate replacement. * This work requires specialized vendor certified to work on CNG conversions. Only two (2) qualified vendors are within the local area. Subtotal: 20,000.00 Tax: Shipping: Total: 205000.00 Please provide justification for purchase below: Purchase order reuigred for selected vendor to remove and replace three (3) CNG tanks on three (3) 2005 CNG trucks. One truck has odor of gas inside cab of truck. Tanks are nearing end -of -life and will need replacement in order to safely continue to operate these vehicles. Are you using federal funds for this purchase Yes No x If yes, please attach proof that the vendor is in good standing and free of suspension and debarment on SAMo ov. Purchases of $5,000 or more require three quotes. Please provide the information requested below. Justification required for Sole Source. Method: Vendors: Phone # or Web Address: Contact Person or Email: Ouotesm Telephone National CNG & Fleet Services 909 986-7441 David Macneil $5,753.82 Per vehicle © Email MODELI 909 203-4810 Rita Kerkhoff $15,163.85 per vehicle Internet Other (Please provide explanation): Name of employee who obtained / received quotes: Joe Licitra Revised 8-15-2023 Division Head Approval: Department Head Approval: ($10,001.00 - $24,999.99 Requires CEO Approval) CEO Approval: Over $24,999.99 Requires City Council Approval) National CNG & Fleet Service 1133 State St Ontario, CA 91762 NA T. IONA L (909) 986-7441 CNG & FLEETSCE Joe Licitra Joe Licitra City of Baldwin Park City of Baldwin Park 13135 E. Garvey Ave 13135 E. Garvey Ave Baldwin Park, CA 91706 Baldwin Park, CA 91706 ESTIMATE # DATE EXPIRATION DATE 1895 11 /08/2023 12/10/2023 SHIP VIA PO # Customer Pending Estimate Parts 1 2,875.00 CNG Tank; Type 4, 21" x 60" (exp 2037) with New Solenoid Valve. Parts 1 465.75 21 " Tank Brackets, Isolators & Supporting base plates Parts 1 286.50 SS Tubing, Fittings & Hardware Labor 10 145.00 Remove & Replace expired CNG tank, Install new tank brackets, base support reinforcement. Replumb new tank & PRD vent. Freight 1 250.00 Estimated inbound Freight: CNG Tank EnvFee 1 135.00 Environmental & Disposal Fee Note: Estimate does not cover any potential modifications SUBTOTAL that may be required to the tank Cover. TAX (7.75%) -CNG Fuel not included. TOTAL Accepted By Accepted Date 2,875.00T 465.75T' 286.50T', 1,450.00 250.00' 135.00T' 5,462.25 291.57 $5, 753.82 [Mil MOOED (DBA Creative Bus Sales, Inc.) BILL TO CITY OF BALDWIN PARK - 26532 13135 E. Garvey Ave BALDWIN PARK CA 91706 P: (626) 960-3993 F: 14740 Ramona Ave SERVICE ORDER: RA101007632 Chino, CA 91710 P: (909) 203-48 10 F: (909) 465-5529 Tag Number: 378 TF: (888) 993-5032 Customer Unit Number: modelLcom Unit ID: 1721367 DELIVERTO CITY OF BALDWIN PARK - 26532 13135 E. Garvey Ave BALDWIN PARK CA 91706 P: (626) 960-3993 F: DATEARRIVED DATE INVOICE SALES TYPE ADVISOR TERMS CUSTOMER PO 9/20/2023 11:28:57AM RETS RKerkhoff CHECK YEAR MAKE MODEL VIN LICENSE PLATE # ENGINE HOURS IN SERVICE Component Serial # ODOMETER 2005 CHEVROLET SILVERADO IGCHC24U15E213066 0 0 Sold Operations JOB #1 ALTFUEI ALTERNATE FUELS COMPLAINT CNG tank inspection CAUSE CORRECTION Tank failed inspection. Expired tank. QTY ITEM DESCRIPTION UNITPRICE EXTD PRICE 1 1011/PG3048 Identifier for 2021455 0.47 0.47 1.50 LABOR ALTFUEL-07 [Alternative Fuel] REPAIR 300.00 Prepay: $0.00 Parts: $0.47 Labor: $300.00 Misc: $0.00 Sublet: $0.00 $300.47 Sold Operations Totals Prepay: $0.00 Parts: $0.47 Labor: $300.00 Mise: $0.00 Sublet: $0.00 $300.47 Estimate Operations JOB #2 ALTFUEI ALTERNATE FUELS COMPLAINT Estimate to replace CNG tank CAUSE CORRECTION QTY ITEM DESCRIPTION UNIT PRICE EXTD PRICE 1 101Cr/C2180N4-CP-N Cylinder 20 X 60 Type 4 12,852.00 12,852.00 1 101L/O-LYRA Cylinder Valve 12v No Flow-Ltr 311.85 311.85 10.00 LABOR ALTFUEL-05 [Alternative Fuel] REPAIR 2,000.00 Prepay: $0.00 Parts: $13,163.85 Labor: $2,000.00 Misc: $0.00 Sublet: $0.00 $15,163.85 Estimate Operations Totals Prepay: $0.00 Parts: $13,163.85 Labor: $2,000.00 Mise: $0.00 Sublet: $0.00 $15,163.85 Page 1 of 2 Model I Corporate Address 9225 Priority Way W Drive, Suite 300, Indianapolis, 1N 46240 modell.com [M11 M 0 0 E LIL SERVICE ORDER: RA101007632 Warranty Language ESTIMATED BH,1,HD Disclaimer for estimates: I hereby authorize the above repair work to be performed with all necessary materials Model 1, Inc. will not be held responsible for loss or damage to vehicles or articles left in vehicles due to fire, theft, accident, or any other cause beyond its control. i hereby grant you and your employees permission to operate the vehicle described herein for the purpose of testing and/or inspection. An express mechanic's lien is hereby acknowledged on above vehicle to secure the amount of repairs thereto. I acknowledge any vehicle left onshe for more than 7 days after completion of service will be charged a storage fee of $75 per day. I acknowledge the price quoted in this repair order is an estimate based on the expected pricing/availability of materials and the scope of work to be performed. I recognize that this estimate is subject to change and that I will be responsible for the actual cost of repairs performed. Model 1, Inc. will notifyyou of material changes to this estimate. By signing below, I authorize the amount listed on this repair order: Name M Disclaimer of Manufacturer Warranty: Any warranties on the products sold hereby are those made by the manufacturer. Model 1, Inc. does not affirm or adopt any manufacturer warranties available to the parts or materials used to perform the service. Model 1, Inc. hereby expressly disclaims all warranties, either express or implied, including any implied warranty of merchantability or fitness or particular purpose. Customer acknowledges that Model 1, Inc. is not an agent of the manufacturer and has not represented or misrepresented the terms of any applicable manufactureds)' written warranties because either (i) Customer has read to Customer's satisfaction the actual terms of any such written instruments, which expressly state the coverage, application period, conditions, and exclusions or III) Customer has voluntarily chosen not to read such warranties. Service Warranty: Model 1, Inc. warrants that, for a period of ninety (90) days or 3,000 miles from completion of the services provided herein, whichever shall occur first ("Services Warranty Period"), the services provided will be performed in a professional and workmanlike manner consistent with applicable industry standards. If during the Services Warranty Period, Model 1, Inc. receives from Customer written notice of the service's non-conformance, Model 1, Inc., as Customer's sole and exclusive remedy and Model 1, Ine.'s entire liability for any breach of The foregoing warranty, at Model 1, Ines sole option and expense, promptly re -perform the non -conforming services or refund to Customer the fees paid for the non -conforming Services. Any warranty service performed will occur at a Model 1, Inc. service facility and Customer will be responsible for transporting the vehicle to the service facility. THE FOREGOING STATES CUSTOMER'S SOLE AND EXCLUSIVE REMEDY FOR WARRANTY CLAIMS RELATED TO THE SERVICES. LABOR $2,000.00 $300.00 ARTS $13,163.85 $0.47 ISC $0.00 $0.00 SUBLET $0.00 $0.00 SUBTOTAL $15,163.85 $300.47 HOP SUPPLIES $0.00 $30.05 ISC SUPPLIES $0.00 TAX $1,020.20 $1,022.56 TOTAL $16,184.05 $1,353.08 TOTAL w/ EST. $17,537.13 Please Remit Payment to: Model I Commercial Vehicles, Inc. PO Box 713176 Chicago, IL 60677-0376 ELECTRONIC PAYMENTS: PNC Bank - ACCr # XXXXXX5248 INCLUDE LAST 8 DIGITS OF YES ON PAYMENT REMITTANCE Please call (463) 222-9050 to request further instructions. Page 2 of 2 Model I Corporate Address 9225 Priority Way W Drive, Suite 300, Indianapolis, 1N 46240 modell.com ITEM NO. 6 La� TO: rHE,,� t FROM: sang BR'EL PREPARED BY: DATE: SUBJECT: SUMMARY Honorable Mayor and Members of the City Council Sam Gutierrez, Director of Public Works Bernardo Navarrete, Engineer Assistant December 6, 2023 Accept Grant Award from Foothill Transit for the Bus Stop Enhancement Program (BSEP) The purpose of this staff report is for City Council to consider approval to accept Foothill Transit's Bus Stop Enhancement Program's (BSEP) Grant in the amount of $40,000. RECOMMENDATION Staff recommends that the City Council: Approve to accept Foothill Transit's Bus Stop Enhancement Program's (BSEP) Grant in the amount of $40,000; and 2. Authorize the Mayor to execute the Agreement with Foothill Transit; and 3. Authorize the Director of Public Works to finalize all associated documents with the grant; and 4. Authorize the Director of Finance to appropriate grant funds and make necessary changes to the budget. FISCAL IMPACT Participation in Foothill Transit's Bus Stop Enhancement Program will require that the City provide upfront funding from the General Fund Reserve on a reimbursement basis, ensuring it has no impact on its balance. The grant will be tracked through the City's grant fund account (Fund #270). The grant funds are quarterly reimbursed for a total of $40,000. BACKGROUND On July 2023 staff received notice from Foothill Transit for participation in applying to their Bus Stop Enhancement Program (BSEP). The BSEP was created to fund member cities' improvement to Foothill Transit bus stops in their cities since the project's inception in 1998. Staff submitted a letter of intent and a subsequent grant application for consideration for the grant through Foothill Transit's BSEP. On October 25, 2023, the City of Baldwin Park received notice of award from Foothill Transit in the amount of $40,000 to be utilized for the enhancement of existent bus stop shelters as serviced by Foothill Transit. DISCUSSION Pursuant to the BSEP grant guidelines, staff intends to utilize the awarded funds for four (4) bus stop locations along Los Angeles Street which are currently in dire need of bus stop shelters and other amenities. The locations being considered are along Los Angeles Street and; Hornbrook Avenue (Westbound), Center Street (Eastbound and Westbound) and Merced Avenue (Eastbound). All bus shelters along Los Angeles Street were considered, however given the anticipated limited funds with a maximum possible award of $40,000, the locations prioritized ensured to provide the most cost effective enhancements while minimizing potential design hurdles. Los Angeles Street was also considered as these anticipated enhancements would compliment greatly the development of the Page 1 / 2 Los Angeles Complete Streets project which has become feasible through a recent significant grant award through the Los Angeles County Metro ExpressLanes Net Toll Grant. ALTERNATIVES The alternative would be to not accept the Foothill Transit BSEP grant funds in the amount of $40,000. CEQA REVIEW The action being considered by the city council is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" under section 1.5378(b)(5) of CEQA guidelines. The action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Foothill Transit Grant Agreement 2. Foothill Transit Award Letter 3. Bus Stop Enhancement Program — Grant Application Page 2 / 2 Agreement Between Foothill Transit and City of Baldwin Park This Agreement ("Agreement") is made and entered into as of the date signed by Foothill Transit by and between FOOTHILL TRANSIT, a joint powers agency organized under the laws of the State of California with its principal place of business at 100 South Vincent Avenue, Suite 200, West Covina, California 91790 ("Foothill Transit"), and CITC l OF BALDWIN PARK, a municipal corporation, with its principal place of business at 14403 East Pacific Avenue, Baldwin Park, California 91706 ("Grantee"). Foothill Transit and Grantee are sometimes individually referred to as a "Party" and collectively as "Parties." Whereas, Foothill Transit is the primary bus service provider for the Pomona and eastern San Gabriel ValleysLond Whereas, Foothill Transit has developed the Bus Stop Enhancement Program in order to aid cities and counties within the service area of Foothill Transit with the funding of bus stop enhancements Eland Whereas, Grantee is located in the service area of Foothill Transit and has filed an application with Foothill Transit to grant funding from the Bus Stop Enhancement Program (the "Application") El Now, therefore, the Parties agree as follows❑ 1. Grantee agrees to provide Foothill Transit approved record design and construction drawings ("Record Drawings") of Grantee's proposed bus stop enhancements referred to in the Application ("Enhancements") no later than September 15, 2024 (the "Record Drawings Date") for Foothill Transit's approval. The Record Drawings Date may be extended with Foothill Transit's prior written approval. 2. Grantee agrees to complete the Enhancements in accordance with the Record Drawings to Foothill Transit's satisfaction within 36 weeks of the Record Drawings Date. If the Enhancements are not substantially completed by this date, Foothill Transit, in its sole discretion, may terminate this Agreement. Upon such termination, the Agreement shall be of no further force and effect and Foothill Transit shall have no obligation to reimburse Grantee for any funds expended by Grantee. For purposes of this Agreement, the phrase "substantial completion" means the stage in the progress of the Enhancements when the work on the Enhancements is sufficiently complete such that Grantee could, if necessary, occupy and utilize the Enhancements for their intended use. Page 1 N P24-004 3. Grantee shall be solely responsible for furnishing all supplies, equipment, installation, and labor required for the Enhancements. As applicable, Grantee shall comply with, and shall require its contractors and contractors' subcontractors to comply with, all applicable provisions of Division 2, Part 7, Chapter 1 (commencing with Section 1720) of the California Labor Code relating to public works and Section 6109 of the California Public Contract Code. 4. Grantee shall design and construct the Enhancements in accordance with all applicable standards, codes, and regulations. 5. Grantee shall ensure that all bus stops constructed under the Bus Stop Enhancement Program meet the applicable Accessibility Guidelines for Transportation Facilities set out as Appendices B and D to 36 CFR Part 1191 (formerly Appendix A to 49 C.F.R. Part 37). 6. Grant Amount Reimbursement. a. Foothill Transit agrees to reimburse Grantee for funds actually expended by Grantee for the Enhancements shown on the approved Record Drawings in an amount not to exceed $! 40,000 ("Grant Amount"). Grantee shall not be entitled to reimbursement for any Enhancements or other work not reflected on the approved Record Drawings. b. Grantee shall submit monthly update reports to Foothill Transit concerning the status of the Enhancements. The Grantee's monthly reports shall be submitted no later than the fifth (5th) business day of each month. The first report shall be due on the 5th day of the month following the month in which the work is commenced. The Grantee shall submit reports every month thereafter until substantial completion c. Grantee shall submit to Foothill Transit its invoice requesting reimbursement, together with a detailed itemization of costs incurred for which reimbursement is sought, within thirty (30) days of the completion of the Enhancements. Foothill Transit shall reimburse Grantee for all costs Foothill Transit determines to be reimbursable, in an amount not to exceed the Grant Amount, within sixty (60) days of receipt of Grantee's invoice. 7. Following completion of the Enhancements, Grantee shall maintain the Enhancements in good condition, including the physical integrity and appearance of the shelter and bus stop modules, and provide repairs as needed at Grantee's sole expense. 8. Limitation of Foothill Transit's Liability. Neither Foothill Transit nor any of its Members, officials, officers, volunteers, agents, and staff (hereinafter referred to as "Indemnitees") shall be liable for any loss, injury, or damage occurring by reason of any acts or omissions by Grantee, its officers, employees, or agents under or in connection with this Agreement. Page 2 N P24-004 9. Grantee's Indemnification Obliaations. a. Pursuant to Section 895.4 of the California Government Code, Grantee agrees to indemnify and hold harmless Indemnitees from and against any and all liability or expense, including any claim of liability, and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants) arising from any actions or failures to act by Grantee pursuant to or in furtherance of this Agreement. b. Grantee further agrees to indemnify and hold harmless Indemnitees from and against any and all liability or expense, including any claim of liability, and any and all losses or costs (including reasonable legal expenses and costs of expert witnesses and consultants) that may be imposed upon Foothill Transit solely by virtue of the provisions of Section 895.2 of the California Government Code. 10. Civil Rights and Mask Requirements. a. Nondiscrimination. In accordance with Title VI of the Civil Rights Act, as amended, 42 U.S.C. - 2000d et seq., Section 303 of the Age Discrimination Act of 1975, as amended, 42 U.S.C. 6101, et seq., Section 202 of the Americans with Disabilities Act of 1990, 42 U.S.C. C 12101, et seq., and Federal transit law at 49 U.S.C. 5332, Grantee agrees that it will not discriminate against any employee or applicant for employment because of race, color, creed, national origin, sex, age or disability. In addition, Grantee agrees to comply with applicable Federal implementing regulations and other implementing requirements that the Federal Transit Administration ("FTA") may issue. b. Equal Employment Opportunity. Race, Color, Religion, Sex, Sexual Orientation, Gender Identity, and National Origin. In accordance with Title VII of the Civil Rights Act, as amended, 42 U.S.C. 2000e, and Federal transit laws at 49 U.S.C. :i 5332, the Grantee agrees to comply with all applicable equal employment opportunity requirements of U.S. Department of Labor (U.S. DOL) regulations, "Office of Federal Contract Compliance Programs, Equal Employment Opportunity, Department of Labor," 41 CFR 60 et seq., (which implement Executive Order No. 11246, "Equal Employment Opportunity," as amended by Executive Order No. 11375, "Amending Executive Order 11246 Relating to Equal Employment Opportunity," and Executive Order 13672, "Further Amendments to Executive Order 11478, Equal Employment Opportunity in the Federal Government, and Executive Order 11246, Equal Employment Opportunity," 42 USC § 2000e note), and with any applicable Federal statutes, executive orders, regulations, and Federal policies that may Page 3 N P24-004 in the future affect activities undertaken in the course of the work. The Grantee agrees that it will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, national origin, or age. The Grantee agrees to take affirmative action to ensure that applicants are employed, and that employees are treated during employment, without regard to race, color, religion, sex, sexual orientation, gender identity, national origin, or age. Such action shall include, but not be limited to, the following employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or term ination`rates of pay or other forms of compensation ' and selection for training, including apprenticeship. ii. Age. In accordance with section 4 of the Age Discrimination in Employment Act of 1967, as amended, 29 U.S.C. C- 623 and Federal transit law at 49 U.S.C. :i 5332, the Grantee agrees to refrain from discrimination against present and prospective employees for reason of age. iii. Disabilities. In accordance with section 102 of the Americans with Disabilities Act, as amended, 42 U.S.C. C 12112, the Grantee agrees that it will comply with the requirements of U.S. Equal Employment Opportunity Commission, "Regulations to Implement the Equal Employment Provisions of the Americans with Disabilities Act," 29 C.F.R. Part 1630, pertaining to employment of persons with disabilities. c. Access for Elderly Individuals and Individuals with Disabilities. The Grantee agrees to comply with all applicable provisions of Section 504 of the Rehabilitation Act of 1973, as amended, 29 U.S.C. D 794, the Americans with Disabilities Act of 1990, 42 U.S.C. 12101, et seq., and the Architectural Barrier Act of 1968, as amended, 42 U.S.C. -1 4151, et seq. In addition, the Grantee agrees to comply with applicable Federal implementing regulations. d. Masks. To the extent applicable, the Grantee agrees to comply with the Centers for Disease Control and Prevention ("CDC") Order of January 29, 2021, titled Requirements for Persons to Wear Masks While on Conveyances and at Transportation Hubs ("CDC Mask Order") and any other subsequent orders that may be issued. In addition, the Grantee shall comply with all applicable internal policies and procedures, including those of Foothill Transit's service contractors, and the requirements of the California Division of Occupational Safety and Health (Cal/OSHA) related to protocols on transmittable diseases and/or viruses, or any variation, mutations, or threat thereof, including but not limited to those for the prevention of transmission of COVID-19. Page 4 N P24-004 e. Assurances. Grantee shall not discriminate based on race, color, national origin, or sex in the award and performance of any FTA or U.S. DOT -assisted subagreement, third party contract, and third party subcontract, as applicable, and the administration of its DBE program or the requirements of 49 C.F.R. Part 26. Grantee and each of its subcontractors must take all necessary and reasonable steps under 49 C.F.R. Part 26 to ensure nondiscrimination in the award and administration of U.S. DOT -assisted subagreements, third party contracts, and third party subcontracts, as applicable. Failure by Grantee or its subcontractors to carry out the requirements of this Subsection (5) is a material breach of this Contract. The following remedies, or such other remedy as Foothill Transit deems appropriate, include, but are not limited to, withholding monthly progress payments, assessing sanctions, liquidated damages, and/or disqualifying the Grantee or, if applicable, its subcontractor from bidding as non -responsible. f. Subcontracts. If subcontracts will be let under this Contract, Grantee shall take the affirmative steps listed in 2 C.F.R. 200.321, which addresses contracting with small and minority businesses, women's business enterprises, and labor surplus area firms. g. Subcontractors. The Grantee agrees to include in each subcontract to this Contract, the provisions set forth in Subsections (a) through f) above, modified only if necessary to identify the affected parties. 11. Audit and Inspection of Records. a. Grantee shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement in accordance with generally accepted accounting practices. All such records shall be clearly identifiable. Grantee agrees that Foothill Transit or any of its duly authorized representatives, shall, for the purpose of audit and examination, be permitted to inspect all work, materials, payrolls, and other data and records, and to audit and copy the books, records, and accounts relating to the performance of the Agreement. Further, Grantee agrees to maintain all required records for at least three (3) years after Foothill Transit has made final payment and all other pending matters are closed. b. Appropriate financial adjustments may be made by Foothill Transit based upon any inconsistency, irregularity, discrepancy, or unsubstantiated billing revealed as a result of an audit. Financial adjustments reflecting an overcharge to Foothill Transit may be charged against Grantee. 12. Representatives and Notices. Any correspondence, communication, contact concerning, or notice required by this Agreement shall be directed to the following Li Page 5 N P24-004 GranteeFi City of Baldwin Park AttnF' Sam Gutierrez Director of Public Works 14403 E. Pacific Ave. Baldwin Park, CA 91706 EmailCsgutierrez" baldwinpark.com Foothill TransitH Foothill Transit AttnCPlanning Dept 100 South Vincent Avenue Suite 200 West Covina, CA 91790 EmailEjraquel❑ foothilltransit.org Any notices required by this Agreement shall be deemed received on (a) the day of delivery if delivered by hand (including overnight courier service) or email during the receiving Party's regular business hours; or (b) on the second business day following deposit in the United States mail, postage prepaid, to the addresses set forth above, or to such other addresses as the Parties may, from time to time, designate in writing pursuant to the provisions of this Section. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 13. Interpretation, I urisdiction, and Venue. This Agreement shall be subject to, governed by, and construed and interpreted solely according to the laws of the State of California. Grantee hereby consents and submits to the jurisdiction of the appropriate courts of California or of the United States having jurisdiction in California for adjudication of any suit or cause of action arising under or in connection with the Agreement, or the performance of such Agreement, and agrees that any such suit or cause of action may be brought in any such court. 14. Amendment L'Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 15. No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 16. Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Agreement may not be amended, nor any provision or breach hereof waived, except in a writing signed by the Parties that expressly refers to this Agreement. 17. Counterparts Ei Signatures. This Agreement may be executed in multiple counterparts, each of which shall be an original but all of which shall constitute the same document. A signed copy of this Agreement delivered by email (including .pdf format), or other means of electronic transmission shall be deemed to have the same legal force effect as delivery of an original "wet ink" signed copy of this Agreement. Except where stated otherwise in the Contract, the Parties agree that electronic signatures are permissible and have the same force and effect as original signatures, for all purposes. Page 6 N P24-004 18. Cooperation❑ Further Acts. The Parties shall fully cooperate with one another, and shall take any additional acts or sign any additional documents as may be necessary, appropriate or convenient to attain the purposes of this Agreement. 19. Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. Grantee shall not assign, hypothecate, or transfer, either directly or by operation of law, this Agreement or any interest herein without the prior written consent of Foothill Transit. Any attempt to do so shall be null and void, and any assignees, hypothecates or transferees shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. 20. Waiver of Terms and Conditions. The failure of Foothill Transit or the Grantee to enforce one or more of the terms or conditions of the Agreement or to exercise any of its rights or privileges, or the waiver by Foothill Transit of any breach of such terms or conditions, shall not be construed as thereafter waiving any such terms, conditions, rights, or privileges, and the same shall continue and remain in force and effect as if no waiver had occurred. 21. Construction References[ Captions. Because the Parties or their agents have participated fully in the preparation of this Agreement, the language of this Agreement shall be construed simply, according to its fair meaning, and not strictly for or against any Party. All references to Grantee include all personnel, employees, agents, and contractors of Grantee, except as otherwise specified in this Agreement. All references to Foothill Transit include its elected officials, officers, agents, volunteers, and staff except as otherwise specified in this Agreement. The captions of the various sections and paragraphs are for convenience and ease of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 22. Invalidity❑Severability. If any portion of this Agreement is declared as invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 23. Authority to Enter Agreement. The Grantee has all requisite power and authority to conduct its business and to execute, deliver, and perform the Agreement. Each Party warrants that the individuals who have signed this Agreement have the legal power, right, and authority to make this Agreement and bind each respective Party. 24. Subcontractors. Grantee shall require its contractors to require their subcontractors to comply with the stated obligations contained in Sections 3 and 10 above. 25. Additional Clauses. The terms and conditions contained in Attachment A are hereby incorporated by reference as if set out in full herein. Grantee agrees to comply with these terms and include the applicable requirements in all of its subcontracts. Signature Page Follows❑ Page 7 N P24-004 In witness thereof, the Parties hereto have caused this Agreement to be executed by their respective officers with all the formalities required by law. FOOTHILL TRANSIT ByH Doran C Barnes Chief Executive Officer Dated ❑ Approved as to Form,_ GRANTEE By Emmanuel Fi Estrada Mayor Approved as to Form I:1 By[' By Name❑---C-❑-C-C-C-C -LC- Marco A. Martinez Thompson Coburn LLP City Attorney Special Counsel to Foothill Transit Attest-_i By❑ --- Christopher Saenz City Clerk Page 8 N P24-004 Attachment A 1 F Buy America The Grantee agrees to comply with 49 U.S.C. D 53230) and 49 C.F.R. Part 661, which provide that Federal funds may not be obligated unless all steel, iron, and manufactured products used in FTA funded projects are produced in the United States, unless a waiver has been granted by FTA or the product is subject to a general waiver. General waivers are listed in 49 C.F.R. L 661.7. Separate requirements for rolling stock are set out at 49 U.S.C. -i 53230)(2)(C) and 49 C.F.R._: 661.11. The Grantee shall comply with the Buy America certification(s) submitted with its proposal/bid. If applicable, the Grantee also agrees to comply with 49 U.S.C. § 5323(m) and FTA's implementing regulations at 49 C.F.R. Part 663. Grantee also agrees to comply with the Build America, Buy America Act (Title 111, Subtitle A of the Infrastructure Investment and -obs Act (P.L. 117-58), sections 70901-70927), as it applies to construction materials, and the FTA's implementing regulations found at 49 C.F.R. Part 661 and any applicable guidance and regulations issued by the U.S. Office of Management and Budget (OMB) and the U.S. Department of Transportation, and the provisions of those acts and their implementing guidance and regulations are hereby incorporated by reference into this Contract. Grantee shall ensure that all relevant provisions of the Buy America Act and the Build America, Buy America Act and their implementing guidance and regulations are incorporated into every applicable subcontract and supplier agreement. 2[ i Carao Preference If the Grantee or any subcontractor will transport equipment, material, or commodities by ocean vessel, the Grantee agreesC 1. To utilize privately owned United States -flag commercial vessels to ship at least 50 percent of the gross tonnage (computed separately from dry bulk carriers, dry cargo liners, and tankers), involved, whenever shipping any equipment, materials, or commodities pursuant to this Contract to the extent such vessels are available at fair and reasonable rates for United States -flag commercial vessels. 2. To furnish within 20 working days following the date of loading for shipments originating within the United States, or within 30 working days following the date of loading for shipment originating outside of the United States, a legible copy of a rated, "on -board" commercial ocean bill -of -lading in English for each shipment of cargo described in paragraph (A) above to Foothill Transit (through the prime contractor in case of a subcontractor bills -of -lading) and to the Division of National Cargo, Office of Market Development, Maritime Administration, Washington, D.C. 20590, marked with appropriate identification of the project. 3. To include these requirements in all subcontracts issued pursuant to the Contract which may involve the transport of equipment, materials, or commodities by ocean vessel. Page 9 N P24-004 3F Fly America 1. As used herein: "International air transportation" means transportation by air between a place in the United States and a place outside the United States or between two places both of which are outside the United States. "United States" means the 50 States, the District of Columbia, and outlying areas. "U.S.-flag air carrier" means an air carrier holding a certificate under 49 U.S.C. Ch. 411. 2. When Federal funds are used to fund travel, Section 5 of the International Air Transportation Fair Competitive Practices Act of 1974 (49 U.S.C. 40118) (Fly America Act) requires contractors, recipients, and others use U.S.-flag air carriers for U.S. Government -financed international air transportation of personnel (and their personal effects) or property, to the extent that service by those carriers is available. It requires the Comptroller General of the United States, in the absence of satisfactory proof of the necessity for foreign -flag air transportation, to disallow expenditures from funds, appropriated or otherwise established for the account of the United States, for international air transportation secured aboard a foreign -flag air carrier if a U.S.-flag air carrier is available to provide such services. 3. If available, the Grantee, in performing work under this contract, shall use U.S.-flag carriers for international air transportation of personnel (and their personal effects) or property. In the event that the Grantee selects a carrier other than a U.S.-flag air carrier for international air transportation, the Grantee shall include a statement on vouchers involving such transportation essentially as follows'L Statement of Unavailability of U-S -!Flag Air Carriers International air transportation of persons (and their personal effects) or property by U.S.-flag air carrier was not available or it was necessary to use foreign -flag air carrier service for the following reasons. See FAR ❑ 47.403. State reasons.>> 4. The Grantee shall include the substance of this Attachment A, Clause 3, including this paragraph (4), in each subcontract or purchase under this Contract that may involve international air transportation. 4E Seismic Safety Requirements The Grantee agrees that any new building or addition to an existing building will be designed in accordance with the standards for Seismic Safety required in Department of Transportation (DOT) Seismic Safety Regulations 49 C.F.R. Part 41 and will certify to compliance to the extent required by the regulation. The Grantee also agrees to ensure that all work performed under this Contract, including work performed by a subcontractor, is in compliance with the standards required by the Seismic Safety regulations and the certification of compliance issued on the project. 5F Prevailing Wage and Anti -Kickback 1. The Grantee shall comply with the Davis -Bacon Act, 40 U.S.C. :i 3141- 3144 and 3146-3148, as supplemented by DOL regulations at 29 C.F.R. Part 5, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Page 10 N P24-004 Construction." The contract clause at 29 C.F.R. § 5.5 is incorporated in full into this Contract except all references to "contracting officer" shall be replaced with "Foothill Transit." In accordance with the statute, the Grantee shall pay wages to laborers and mechanics at a rate not less than the prevailing wages specified in a wage determination made by the Secretary of Labor. In addition, the Grantee agrees to pay wages not less than once a week. 2. The Grantee shall comply with the Copeland "Anti -Kickback" Act (40 U.S.C. § 3145), as supplemented by DOL regulations at 29 C.F.R. Part 3, "Contractors and Subcontractor on Public Building or Public Work Financed in Whole or in Part by Loans or Grants from the United States." The Grantee is prohibited from inducing, by any means, any person employed in the construction, completion, or repair of public work, to give up any part of the compensation to which he or she is otherwise entitled. 6E Disadvantaaed Business Enterprise 1. Foothill Transit has established a DBE Program pursuant to 49 C.F.R. Part 26. The requirements and procedures of Foothill Transit's DBE Program are hereby incorporated by reference into this Contract. The Grantee, subrecipient, or subcontractor shall not discriminate on the basis of race, color, national origin, or sex in the performance of this Contract. The Grantee shall carry out applicable requirements of 49 C.F.R. Part 26 in the award and administration of DOT -assisted contracts. Failure by the Grantee to carry out Foothill Transit's DBE Program procedures and requirements or applicable requirements of 49 C.F.R. Part 26 shall be considered a material breach of this Contract and may be grounds for termination of this Contract, or other such remedy as Foothill Transit deems appropriate, which may include, but is not limited to withholding monthly payments, assessing sanctions, liquidated damages, and/or disqualifying the Grantee from future bidding as non -responsible. The Grantee shall ensure that compliance with Foothill Transit's DBE Program and the requirements of 49 C.F.R. Part 26 be included in any and all subcontracts entered into which arise out of or are related to this Contract. Foothill Transit has an annual DBE goal of 4 percent. 2. Foothill Transit encourages prime contractors and subcontractors on federally -assisted contracts to investigate the full extent of services offered by financial institutions owned and controlled by socially and economically disadvantaged individuals in the community and to make reasonable efforts to use these institutions. A list of minority - owned financial institutions may be found ate http'/Ywww.federaIreserve.gov/releases/mob/. 3. The Grantee must take necessary and reasonable steps to ensure that DBEs have a fair opportunity to participate in this Contract. If the Grantee qualifies as a certified DBE in accordance with the requirements of 49 C.F.R. Part 26, Subpart D, or is joint venturing with a DBE certified in accordance with the cited regulations, a copy of the DBE certification(s) issued by a Unified Certification Program (UCP) in accordance with the cited regulations, and a description of the dollar value of the proposed work that it intends to perform with its own forces, together with a statement of the percentage interest in the Contract held by a joint venture DBE must be submitted. The Grantee must provide (a) written documentation of the Grantee's commitment to use identified DBEs; and (b) written confirmation from the DBE that it is participating in the Contract. Foothill Transit will accept DBE certifications issued by a California Unified Certification Program (CUCP) certifying agency, including the following[ - Page 11 N P24-004 CALIFORNIA DEPARTMENT OF TRANSPORTATION S) Office ofBusiness & Economic Opportunity -K8879 1823- 14th8tnmet Sacramento, CA85814 Ph0ne|(918)324-1700or/800\810-0348 Fax|(916)324-1802 E[n8i| CITE OF LOS ANGELES Office ofContract Compliance Centralized Certification 1140S. Broadway Street, Suite 3OO Los Angeles, CAS0O15 Phone V13\847-2084 Fax|(213)847-2777 VV8bSite|bC8.|8Citv.Oqg LOS ANGELES C0UNTOhNETR0P0L8TAN TRANSPORTATION AUTHOR0[O (METRO) Diversity and Economic Opportunity Department One Gateway Plaza Los An8e|ea.<�/\9OO12 Phone[ /213\922-280O FoxN213}922-7600 Adirectory ofcertified OBEs is available o[O hMoUYvvvvvv.dCt.CG.gOv/hO/b8D/fiDdOC8rtifiSd.htDl. 4. The Grantee Sh8U report its DBE p8rUCiD8bOn obtained through race - neutral means throughout the period ofperformance. 5. The Grantee Sh8|| pay its SUbCOnLr8CtOr p8dbrnninA vvOMk related to this contract for satisfactory performance of that work no later than 30 days after the Grantee's receipt ofpayment for that work from Foothill Transit. 8. The (Sr8Ot8e must promptly nObh/ FOOLhi|| 7-r8OSiL. whenever 8 [}BE subcontractor performing work related to this contract is terminated or fails to complete its work, and must make good -faith efforts to engage another DBE subcontractor to perform at least the same amount of work. The Grantee may not terminate any DBE subcontractor and perform that work through its own fOrC8S or those of an GMi|i8[e without prior written consent ofFoothill Transit. 7E Traffickinq in Persons The Grantee agrees that it and its employees shall not, atany time during the performance of this CODtn3C1, do any of the fOUOwiOgO Pago12 1. Engage in severe forms of trafficking in persons, as defined Section 103 of the Trafficking Victims Protection Act of 2000 ("TVPA"), as amended, 22 U.S.C. § 7102; 2. Procure a commercial sex act, as defined Section 103 of the TVPA, as amended, 22 U.S.C. 'I17102Cbr 3. Use forced labor, defined as labor obtained by recruitment, harboring, transportation, provision, or other means of obtaining of a person for labor or services through the use of force, fraud, or coercion for the purpose of subjection to involuntary servitude, peonage, debt bondage, or slavery, in the performance of the Contract or permit the use of forced labor in the performance of any subcontract hereunder. 8C Government -Wide Suspension and Debarment 1. The Grantee shall comply and facilitate compliance with U.S. DOT regulations, "Nonprocurement Suspension and Debarment," 2 C.F.R. Part 1200, which adopts and supplements the U.S. Office of Management and Budget (U.S. OMB) "Guidelines to Agencies on Governmentwide Debarment and Suspension (Nonprocurement)," 2 C.F.R. Part 180. These provisions apply to each contract at any tier of $25,000 or more, and to each contract at any tier for a federally required audit (irrespective of the contract amount), and to each contract at any tier that must be approved by an FTA official irrespective of the contract amount. As such, the Grantee shall verify that its principals, affiliates, and subcontractors are eligible to participate in this federally funded contract and are not presently declared by any Federal department or agency to be❑ (a) Debarred from participation in any federally assisted award' (b) Suspended from participation in any federally assisted awardo (c) Proposed for debarment from participation in any federally assisted award (d) Declared ineligible to participate in any federally assisted awards (e) Voluntarily excluded from participation in any federally assisted award --Or (f) Disqualified from participation in any federally assisted award. 2. The Grantee has provided Foothill Transit with a certification addressing its debarment and suspension status and that of its principals, affiliates, and subcontractors. The Grantee shall promptly inform Foothill Transit of any change in the suspension or debarment status of the Grantee or its principals, affiliates, and subcontractors during the term of the Contract. Further, the Grantee shall include a provision requiring compliance with the requirements of 2 C.F.R. Part 180, Subpart C, as supplemented by 2 C.F.R. Part 1200 in its lower -tier covered transactions. 3. The certification provided by Grantee is a material representation of fact relied upon by Foothill Transit. If it is later determined that the Grantee knowingly rendered an erroneous certification, in addition to remedies available to Foothill Transit, the Federal Page 13 N P24-004 Government may pursue available remedies, including but not limited to suspension and/or debarment. 4. Grantee agrees that it will not enter into any "covered transaction" (as defined at 2 C.F.R. §§ 180.220 and 1200.220) with any "third party participant" (as defined in Section 1 of FTA's Master Agreement (Version 29, dated Feb. 7, 2022), as may be updated or amended) that is, or whose principal is, suspended, debarred, or otherwise excluded from participating in covered transactions except as otherwise authorized by applicable Federal laws, regulations, or requirements regarding participation with debarred or suspended Recipients or Third Party Participants. Grantee further agrees that it will review the Federal Government's "System for Award Management — Lists of Parties Excluded from Federal Procurement and Nonprocurement Programs," if required by U.S. DOT regulations (2 C.F.R. Part 1200). 9E Federal Changes The Grantee agrees that it shall at all times comply with all applicable Federal Transit Administration regulations, policies, procedures and directives, including without limitation those listed directly or by reference in FTA's Master Agreement (Version 30, dated Nov. 2, 2022), as may be updated or amended, between Foothill Transit and the FTA, as they may be amended or promulgated from time to time during the term of this Contract. The Grantee's failure to so comply shall constitute a material breach of this Contract. 10C No Federal Government Obligations to Third Parties 1. Foothill Transit and Grantee acknowledge and agree that, notwithstanding any concurrence by the Federal Government in or approval of the solicitation or award of the underlying contract, absent the express written consent by the Federal Government, the Federal Government is not a party to this Contract and shall not be subject to any obligations or liabilities to Foothill Transit, the Grantee, or any other party (whether or not a part to that contract) pertaining to any matter resulting from the underlying Contract. 2. The Grantee agrees to include the above clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clause shall not be modified, except to identify the subcontractor who will be subject to its provisions. 11 C Interests of Members of, or Delegates to, Congress In accordance with 18 U.S.C. [1431, no member of, or delegate to, the Congress of the United States shall be admitted to any share or part of this Contract or to any benefit arising therefrom. 1Z Program Fraud and False or Fraudulent Statements and Related Acts 1. The Grantee acknowledges that the provisions of the Program Fraud Civil Remedies Act of 1986, as amended, 31 U.S.C. 7 3801, et seq., and U.S. Department of Transportation Regulations, "Program Fraud Civil Remedies", 49 C.F.R. Part 31, apply to its actions pertaining to this Project. By entering into this Contract, the Grantee acknowledges that if it makes a false, fictitious, or fraudulent claim, statement, submission, or certification, the Federal Government reserves the right to impose penalties under the program Fraud Civil Remedies Act of 1986. Page 14 N P24-004 2. The Grantee also acknowledges that if it makes, or causes to be made, a false, fictitious, or fraudulent claim, statement, submission, or certification to the Federal Government in connection with this Project, the Federal Government reserves the right to impose the penalties of 18 U.S.C. -11001 and 49 U.S.C. -! 5323(I) on the Grantee. 3. The Grantee agrees to include this clause in each subcontract financed in whole or in part with Federal assistance provided by FTA. It is further agreed that the clauses shall not be modified, except to identify the subcontractor who will be subject to the provisions. 13E Energy Efficiency The Grantee shall recognize the mandatory standards and policies relating to energy efficiency that are contained in the State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (42 U.S.C. - 6321, et seq.). 14L Recycled Products The Grantee agrees to comply with all the requirements of Section 6002 of the Resource Conservation and Recovery Act (RCRA), as amended (42 U.S.C. C 6962), including but not limited to the regulatory provisions of 40 C.F.R. Part 247, as they apply to the procurement of the items designated in Subpart B of 40 C.F.R. Part 247. 15E Safe Operations of Motor Vehicles 1. Seat Belt Use. The Grantee is encouraged to adopt and promote on-the- job seat belt use policies and programs for its employees and other personnel that operate company -owned vehicles, company -rented vehicles, or personally operated vehicles. The terms "company -owned" and "company -leased" refer to vehicles owned or leased either by the Grantee or Foothill Transit. 2. Distracted Driving. The Grantee agrees to adopt and enforce workplace safety policies to decrease crashes caused by distracted drivers, including policies to ban text messaging while using an electronic device supplied by an employer, and driving a vehicle the driver owns or rents, a vehicle Grantee owns, leases, or rents, or a privately - owned vehicle when on official business in connection with the work performed under this Contract or when performing any work for or on behalf of the Contract. The Grantee agrees to conduct workplace safety initiatives in a manner commensurate with its size, such as establishing new rules and programs to prohibit text messaging while driving, re- evaluating the existing programs to prohibit text messaging while driving, and providing education, awareness, and other outreach to employees about the risks associated with testing while driving. The Grantee further agrees to include this clause in each subcontract awarded at each tier. 16E National Intelligent Transportation Systems Standards The Grantee agrees to conform to the National Intelligent Transportation Systems (ITS) Architecture requirements of 23 U.S.C. 517(d), unless Foothill Transit has obtained an exemption from the requirements and provided Grantee information regarding the exemption. The Grantee further agrees to follow FTA Notice, "FTA National ITS Architecture Policy on Transit Projects," 66 Fed. Reg. 1455, January 8, 2001, and all other applicable Federal guidance. Page 15 N P24-004 17F- Veteran's Preference 1. As provided in 49 U.S.C. ? 5325(k), to the extent practicable, the Grantee and its subcontractors shall give a hiring preference to veterans, as defined in 5 U.S.C. F 2108, who have the skills and abilities required to perform construction work required under the Contract. 2. As provided in 49 U.S.C. 0 5325(k), to the extent practicable, the Grantee and its subcontractors shall not require any lower -tier subcontractor to give a preference to any veteran over any equally qualified applicant who is a member of any racial or ethnic minority, female, and individual with a disability, or a former employee. 18E Contract Work Hours and Safety Standards —Construction 1. The Grantee shall comply with the Contract Work Hours and Safety Standards Act (40 U.S.C. CD 3701-3708), as supplemented by the DOL regulations at 29 C.F.R. Part 5. Under 40 U.S.C. _: 3702 of the Act, the Grantee shall compute the wages of every mechanic and laborer, including watchmen and guards, on the basis of a standard work week of 40 hours. Work in excess of the standard work week is permissible provided that the worker is compensated at a rate of not less than one and a half times the basic rate of pay for all hours worked in excess of 40 hours in the work week. The requirements of 40 U.S.C. o 3704 are applicable to construction work and provide that no laborer or mechanic be required to work in surroundings or under working conditions which are unsanitary, hazardous or dangerous. These requirements do not apply to the purchase of supplies or materials or articles ordinarily available on the open market, or to contracts for transportation or transmission of intelligence. 2. In the event of any violation of the clause set forth herein, the Grantee and any subcontractor responsible therefor shall be liable for the unpaid wages. In addition, the Grantee and subcontractor shall be liable to the United States for liquidated damages. Such liquidated damages shall be computed with respect to each individual laborer or mechanic, including watchmen and guards, employed in violation of this clause in the sum of $10 for each calendar day on which such individual was required or permitted to work in excess of the standard workweek of forty hours without payment of the overtime wages required by this clause. 3. The FTA shall upon its own action or upon written request of an authorized representative of the Department of Labor withhold or cause to be withheld, from any moneys payable on account of work performed by the Grantee or subcontractor under any such contract or any other Federal contract with the same prime contractor, or any other federally -assisted contract subject to the Contract Work Hours and Safety Standards Act, which is held by the same prime contractor, such sums as may be determined to be necessary to satisfy any liabilities of such Grantee or subcontractor for unpaid wages and liquidated damages as provided in this section. 4. The Grantee or subcontractor shall insert in any subcontracts the clauses set forth in this section and also a clause requiring the subcontractors to include these clauses in any lower tier subcontracts. The Grantee shall be responsible for compliance by any subcontractor or lower tier subcontractor with the clauses set forth in this agreement. 19F- Contract Work Hours and Safety Standards —Non -Construction Page 16 N P24-004 1. The Grantee shall comply with all federal laws, regulations, and requirements providing wage and hour protections for non -construction employees, in accordance with 40 U.S.C. F- 3702, Contract Work Hours and Safety Standards Act, and other relevant parts of that Act, 40 U.S.C. § 3701 et seq., and U.S. DOL regulations, "Labor Standards Provisions Applicable to Contracts Covering Federally Financed and Assisted Construction (also Labor Standards Provisions Applicable to Non -construction Contracts Subject to the Contract Work Hours and Safety Standards Act)," 29 C.F.R. Part 5. 2. The Grantee shall maintain payrolls and basic payroll records during the course of the work and shall preserve them for a period of three (3) years from the completion of the contract for all laborers and mechanics, including guards and watchmen, working on the Contract. Such records shall contain the name and address of each such employee, social security number, correct classifications, hourly rates of wages paid, daily and weekly number of hours worked, deductions made, and actual wages paid. 3. Such records maintained under this paragraph shall be made available by the Grantee for inspection, copying, or transcription by authorized representatives of the FTA and the Department of Labor, and the Grantee will permit such representatives to interview employees during working hours on the job. 4. The Grantee shall require the inclusion of the language of this clause within subcontracts of all tiers. 20E Lobbying Grantees who apply or bid for an award of $100,000 or more shall file the certification required by 49 C.F.R. Part 20, "New Restrictions on Lobbying." Each tier certifies to the tier above that it will not and has not used Federal appropriated funds to pay any person or organization for influencing or attempting to influence an officer or employee of any agency, a member of Congress, officer or employee of Congress, or an employee of a member of Congress in connection with obtaining any Federal contract, grant, or any other award covered by 31 U.S.C. FI 1352. Each tier shall also disclose the name of any registrant under the Lobbying Disclosure Act of 1995 who has made lobbying contacts on its behalf with non -Federal funds with respect to that Federal contract, grant or award covered by 31 U.S.C. n 1352. Such disclosures are forwarded from tier to tier up to the recipient. 21 C Clean Water Requirements 1. The Grantee agrees to comply with all applicable standards, orders, or regulations issued pursuant to the Federal Water Pollution Control Act, as amended, 33 U.S.C. i-1251, et seq. The Grantee agrees to report each violation to Foothill Transit and understands and agrees that Foothill Transit will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. 2. The Grantee also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. 22E Clean Air 1. The Grantee agrees to comply with all applicable standards, orders or regulations issued pursuant to the Clean Air Act, as amended, 42 U.S.C. C II 7401, et seq. Page 17 N P24-004 The Grantee agrees to report each violation to Foothill Transit and understands and agrees that Foothill Transit will, in turn, report each violation as required to assure notification to FTA and the appropriate EPA Regional Office. 2. The Grantee also agrees to include these requirements in each subcontract exceeding $150,000 financed in whole or in part with Federal assistance provided by FTA. 23E Substance Abuse and Testing Grantee agrees to comply with Federal transit laws and regulations regarding alcohol misuse and prohibited drug use. The Grantee agrees to establish and implement a drug and alcohol testing program that complies with 49 C.F.R. Part 655, produce any documentation necessary to establish its compliance with Part 655, and permit any authorized representative of the United States Department of Transportation or its operating administrations, the State Oversight Agency of California, or Foothill Transit, to inspect the facilities and records associated with the implementation of the drug and alcohol testing program as required under 49 C.F.R. Part 655 and review the testing process. The Grantee agrees further to certify annually its compliance with Part 655 before (insert date) and to submit the Management Information System (MIS) reports before (insert date before March 15) to the Director of Procurement. To certify compliance the Grantee shall use the "Substance Abuse Certifications" in the "Annual List of Certifications and Assurances for Federal Transit Administration Grants and Cooperative Agreements," which is published annual in the Federal Register. 24❑ Privacy Act 1. The Grantee agrees to comply with, and assures the compliance of its employees with, the information restrictions and other applicable requirements of the Privacy Act of 1974, 5 U.S.C. �] 552a. Among other things, the Grantee agrees to obtain the express consent of the Federal Government before the Grantee or its employees operate a system of records on behalf of the Federal Government. The Grantee understands that the requirements of the Privacy Act, including the civil and criminal penalties for violation of that Act, apply to those individuals involved, and that failure to comply with the terms of the Privacy Act may result in termination of the underlying contract. 2. The Grantee also agrees to include these requirements in each subcontract to administer any system of records on behalf of the Federal Government financed in whole or in part with Federal assistance provided by FTA. 25E Patents and Rights in Data The Grantee agrees that the use of any data produced or delivered under the terms of the Contract including, but not limited to, engineering drawings and associated lists, specifications, process sheets and technical reports, shall be governed by the provisions of 5 U.S.C. C 200, et seq., the requirements of 37 C.F.R. Part 401, "Rights to Inventions Made by Nonprofit Organizations and Small Business Firms Under Government Grants, Contracts and Cooperative Agreements," and any implementing regulations issued by FTA. In addition, the Grantee agrees that it will not publish such data without the written consent of Foothill Transit and, if appropriate, the Federal Government. 26F Section 508 Compliance Page 18 N P24-004 Any reports or information that will be provided to DOT or any other Federal agency must comply with Section 508 of the Rehabilitation Act of 1973. 27F- Access to Records and Reports and Access to Sites of Performance 1. Access to Records. Grantee shall permit Foothill Transit, the Federal Transit Administration, Inspectors General, the Comptroller General of the United States, or any of their authorized representatives ("Reviewer") to have access to and copy the Grantee's records and financial statements in order for Foothill Transit to meet its obligations under 2 C.F.R. Part 200. Such access includes timely and reasonable access to personnel for interviews and discussions related to the records. This right of access will survive the expiration or termination of the Contract and the record retention periods described below. 2. Access to Sites of Performance and Audits. Grantee shall permit a Reviewer to have access to the sites of performance of the Contract and to make site visits in accordance with 2 CFR Part 200. Grantee shall permit a Reviewer to inspect all work and material related to the award and to audit information related to the award if such information is under the control of the Grantee, including in the Grantee's books, records, accounts, or other locations. 3. Record Retention. Grantee shall maintain complete and readily accessible records related to this Contract, including financial records, data, documents, reports, statistics, subcontracts, leases, and arrangements, and supporting materials related to those records (collectively, "Records"). Grantee shall retain these Records until all pending matters are closed or for three years from the date of final payment, whichever is longer. Copies of Records may be substituted for originals, and Grantee may use reliable electronic storage to meet this obligation. Exceptions to this three-year requirement exist as stated in 2 CFR Part 200. 4. Financial Adjustments. Appropriate financial adjustments may be made by Foothill Transit based upon any inconsistency, irregularity, discrepancy or unsubstantiated billing revealed as a result of an audit. Financial adjustments reflecting an overcharge to Foothill Transit may be charged against the Grantee's future invoices, or if there are no such future invoices, the Grantee shall promptly refund the overcharges. 5. Subcontractor Flow Down. Grantee shall include this clause in each subcontract and require subcontractors to flow down this clause to each lower -tier subcontractor. 28E Transit Asset Manaaement Grantee shall comply with FTA regulations, "Transit Asset Management," 49 CFR Part 625 and "National Transit Database," 49 CFR Part 630, and follow applicable Federal laws, regulations, guidance, and requirements on the same. 291 Maintenance Activities Grantee shall comply with all FTA requirements for maintenance standards for FTA- funded assets and facilities. Grantee shall maintain a written maintenance plan at all times. Page 19 N P24-004 31 Motor Carrier Safet Grantee shall comply with the safety requirements of the U.S. Federal Motor Carrier Safety Administration (U.S. FMCSA) regulations at 49 CFR Parts 390-397 to the extent applicable. Grantee shall further comply with the driver's license requirements of U.S. FMCSA regulations, "Commercial Driver's License Standards, Requirements, and Penalties," 49 CFR Part 383, and "State Compliance with Commercial Driver's License," 49 CFR Part 384, to the extent applicable, with the substance -abuse requirements and guidance of U.S. FMCSA's regulations, "Controlled Substances and Alcohol Use and Testing," 49 CFR Part 382, and implementing Federal guidance, to the extent applicable. 1 C' Flood Insurance 1. Grantee shall have flood insurance as required by the Flood Disaster Protection Act of 1973, 42 U.S.C. 4012a(a), for any building located in a special flood hazard area (100-year flood zone) throughout the term of the Contract. 2. Each building covered by Subsection (1) above and such building's contents will be covered by flood insurance in an amount at least equal to the Federal investment (less estimated land cost) or to the maximum limit of coverage made available with respect to the particular type of property under the National Flood Insurance Act of 1968, 42 U.S.C. C 4001, et seq., whichever is less. 3. Grantee shall follow FTA guidance regarding flood insurance. 2C: Environmental Protections Grantee agrees to comply with all applicable environmental and resource -use laws, regulations, and requirements, and follow applicable guidance, now in effect or that may become effective in the future, including state and local laws, ordinances, regulations, and requirements and follow applicable guidance. Applicable laws, regulations, and requirements include those listed in Section 26 of FTA's Master Agreement (Version 30, dated Nov. 2, 2022), as may be updated or amended. 33i_ Employee Protections Grantee shall comply with all Federal laws, regulations, and requirements providing protections for employees. Such protections include, but are not limited to, prevailing wage requirements, wage -and -hour requirements, anti -kickback prohibitions, safety provisions, work -hour prohibitions, Fair Labor Standards Act, U.S. Department of Labor certifications, special warranties, and special arrangements for Federal Assistance under 49 U.S.C. E5310. 341 Federal Tax Liability and Recent Felony Conviction Grantee agrees that, prior to entering into any subcontract, Grantee will require the subcontractor to provide a certification on Federal Tax Liability and Recent Felony Convictions, which should be identical to the certification that Grantee provided Foothill Transit. If the prospective subcontractor cannot certify as to the statements in the certification, Grantee shall not enter into the subcontract absent Foothill Transit and FTA approval. Grantee agrees to include this clause in every subcontract awarded at every tier. Page 20 N P24-004 351 Notification Reauired Grantee shall notify Foothill Transit of any and all matters that Grantee knows or reasonably should know may affect Foothill Transit or any of its funders' interests, including the Federal Government's interests. This notification requirement includes, but is not limited to, current or prospective legal matters such as an actual or potential major dispute, breach, default, litigation, naming of Foothill Transit or the Federal Government as a party to litigation, or a legal disagreement in any forum for any reason. Matters that may affect the Federal Government include but are not limited to, the Federal Government's interests in the Contract, the underlying Foothill Transit/FTA Agreement, and any amendments thereto, or the Federal Government's administration or enforcement of federal laws, regulations, and requirements. Grantee agrees to include this clause in every subcontract awarded at every tier. Grantee shall further notify Foothill Transit of any potential fraud, waste, or abuse occurring on the contract or Project. 361- Certification Regarding Telecommunications Services, Equipment and Systems Pursuant to Public Law 115-232, Section 889, and 2 C.F.R. Part 200, including -200.216 and 200.471, Foothill Transit is prohibited from procuring or obtaining equipment, services, or systems that use "Covered Telecommunications Equipment or Services" as a substantial or essential component of any system, or as critical technology as part of any system. As described in Public Law 115-232, Section 889, "Covered Telecommunications Equipment or Services" is: 1. Telecommunications equipment produced by Huawei Technologies Company or L]TE Corporation (or any subsidiary or affiliate of such entities). 2. For the purpose of public safety, security of government facilities, physical security surveillance of critical infrastructure, and other national security purposes, video surveillance and telecommunications equipment produced by Hytera Communications Corporation, Hangzhou Hikvision Digital Technology Company, or Dahua Technology Company (or any subsidiary or affiliate of such entities). 3. Telecommunications or video surveillance services provided by such entities or using such equipment. 4. Telecommunications or video surveillance equipment or services produced or provided by an entity that the Secretary of Defense, in consultation with the Director of National Intelligence or the Director of the Federal Bureau of Investigation, reasonably believes to be an entity owned or controlled by, or otherwise connected to, the government of a covered foreign country. Grantee shall not use or provide to Foothill Transit Covered Telecommunications Equipment or Services in the performance of this Contract. If Grantee later learns that prohibited telecommunications services, equipment or systems have been supplied, installed, or utilized under this Contract, Grantee shall immediately inform Foothill Transit in writing. Foothill Transit may treat such occurrence as an event of default under Section 20 of this Contract and Foothill Transit may require the Grantee to promptly replace such prohibited service, equipment and systems at the Grantee's sole cost or take such other actions pursuant to Section 20. Page 21 N P24-004 371 Incorporation of Federal Transit Administration Terms and Conditions The preceding provisions include, in part, certain Standard Terms and Conditions required by DOT, whether or not expressly set forth in the preceding contract provisions. All contractual provisions required by DOT, as set forth in the FTA Master Agreement, FTA Circular 4220.1 F, and 2 CFR Part 200 (as adopted by DOT) are hereby incorporated by reference. Anything to the contrary herein notwithstanding, all FTA mandated terms shall be deemed to control in the event of a conflict with other provisions contained in this Contract. The Grantee shall not perform any act, fail to perform any act, or refuse to comply with any Foothill Transit requests which would cause Foothill Transit to be in violation of the FTA terms and conditions. Page 22 N P24-004 Foothill Tr minsi October Bernardo Engineering Assistant 14403 E. Pacific Ave. Baldwinrp CA 91706 Subject: Bus Stopr ) Application Dear Mr. Navarette— till Transit has completedthe reviewi l in Park's BSEP -application and are pleasedinform you that the proposed enhancements in the amount of $40,000 Attached is the draft agreement. Please reviewi r t with yourlegal counsel and return it t attentionmy later than December 1, 2023. For your convenience, an electronicthis agreement lE be emailedwell. We thank you for r support as we worktogether to make our bus stopsi to our sharedt r. If you have any further comments or questions, please feel free to contact Lourdes Alvarez,it Planner at (626) 931-7256 or via email at laivarez@foothilitransit.org. i el , LaS` awn King Gil spie Deputy Chief Execd Officer Doranr RaquelJoe Lourdesl Enclosed: ro, MEMBER CITIES Arc.esda, A t. mia, FWt 1,n Park, raf.,Zur Ceara,,lmo` t Covina, D�aai'Sand Bar, DuAna?, El, Monte, 0xmdorw,.,5 �S`zdustry, Irwindale, La PitRCante, La C+a??me, Monrovia, ia, Pi, . a(u a, Prk§ na, San Dimam, South rD Pla n r.,.., Templ4:- City, West Coma anci Los Angelo.; Co�unty A'PUBLIC AGENCY I � m IVA VA II August 21, 2023 Ms. Lourdes Alvarez Transit Planner Foothill Transit 100 S. Vincent Ave., Suite 200 West Covina, CA 91790 Dear Ms. Alvarez, Please accept this cover letter as an interest by the City of Baldwin Park for consideration of inclusion within Foothill Transit's Bus Stop Enhancement Program (BSEP). The City of Baldwin Park is actively working in enhancing existing bus stops in dire need of improvements ranging from bus shelters, trash receptacles and bench installations. The improvements are intended in an effort by the City to provide safety -related amenities for our residents, enhancing our transit amenity equity with other bus stops serviced by Foothill Transit and as an effort to incentivize public transit usage throughout the City. There are currently four (4) bus stop locations along Los Angeles St. which are currently in need of bus stop shelters and other amenity improvements. The locations are listed below; A. Los Angeles St. & Hornbrook Ave. (WB) B. Los Angeles St. & Center St. (EB) C. Los Angeles St. & Center St. (WB) D. Los Angeles St. & Merced Ave. (EB) The four (4) locations noted above have been identified as ideal locations to implement the proposed improvements. Sincerely, Bernardo Navarrete City of Baldwin Park o Public •- I' Eiffl MIN, On v WWI COORDINATES Lat: 34_0921 1-ca) Ivr__ EXISTING CONDITIONS The site includes a 13' sidewalk with ADA accessibility from the East of the proposed location. Currently the bus stop has an existing bench and dedicated trash receptacle. PROPOSED IMPROVEMENTS Installation per City of Baldwin Park Standards. Solar Bus Shelter No -back Perforated Bench 4- 32-Gallon Trash Receptacle ®y Refresh paint for existing red curb RIDERSHIP iNFORMATION (STOP ID 2944): APC Boards: 2,664 APC Alights: 1,576 This stop is currently serviced by Foothill Transit Line 178 1 Puente Hills Mail — El Monte Station This stop is also serviced by the Baldwin Park Teal Line COORDINATES Lat: 34.0920 10, Long: - 117.97824.) EXISTING CONDITIONS The existing conditions include a 7.5' sidewalk with AA accessibility from East and West of the proposed location. Currently the bus stop has an existing bench and dedicated trash receptacle. PROPOSED IMPROVEMENTS Installation per City of Baldwin Park Standards; Solar Bus Shelter 4- No -back Perforated Bench -.*- 32-Gallon Trash Receptacle 4- Refresh paint for existing red curb RIDERSHIP INFORMATION (STOP ID 1968): APC Boards: 2,596 APC Alights: 1,920 This stop is currently serviced by Foothill Transit Line 178 1 Puente Hills all — El Monte Station This stop is also serviced by the Baldwin Park Teal Line COORDINATES Lat: 34.092198, Long: - 117.977801 EXISTING CONDiTIONS The existing conditions include a 1 1' sidewalk with ADA accessibility from East and West of the proposed location. Currently the bus stop has an existing bench and dedicated trash receptacle. PROPOSED IMPROVEMENTS Installation per City of Baldwin Park Standards; Solar Bus Shelter No -back Perforated Bench 32-Gallon Trash Receptacle 4- Refresh paint for existing red curb RIDERSHIP INFORMATION (STOP ID 2943): A Boards: 2,453 AC Alights- 2,920 This stop is currently serviced by Foothill Transit Line 178 1 Puente Hills Mail — El Monte Station This stop is also serviced by the Baldwin Park Pumpkin Line COORDINATES Lat: 34.092096, Long: - 117.973 141 EXISTING CONDITIONS The existing conditions include a 12' sidewalk with ADA accessibility from East and West of the proposed location. The bus stop currently does not have a bench or dedicated trash receptacle. PROPOSED IMPROVEMENTS ® Installation per City of Baldwin Park Standards; ® Solar Bus Shelter 4- No -back Perforated Bench -*.- 32-Gallon Trash Receptacle 4- Refresh paint for existing red curb RIDERSHIP INFORMATION (STOP ID 1979): APC Boards: 5,562 AC Alights: 5,433 + Bursch Elementary School ®® Los Angeles St. (Major East-West Commuter Route from Downtown Las Angeles to the East San Gabriel and Pomona alleys) ®® Kenmore Elementary School ®®® - 10 Freeway ®®® Holland MiddleSchool ®®® Santa Fe Elementary School ®®®Morgan Park ®®®Julia McNeill Senior Center Esther Snyder Community Center ®® Baldwin Park Aquatic Center ®®® Geddes le entary School ®®® Walnut Elementary School ®®®Downtown Baldwin Park ZINC RICH 6 RICNPRIMER 5a ' 0-7OMIll 3hiek POWDER COAT TOP COAT RAL-5018 �. UNAZIN i N MIN I - Y.11 4 DAT11 I Ll I � � � � �l ON Aw-f WO GMM POLYCAREIGNATE BRONZE ROOF SKIN SAND BLAST PREP tYGER ORYLAC SERIES 69/90500 ZINC RICH PRIMER 5 0.7 omits thick POWDER COAT TOP COAT RAL-5018 NOT TO SCALE 4�1 ALUM. RECTANDLE M3 ROLLED TUBE XV�Xl/a-ALUM. RECT. ;63 ROLLED BEAMS X3X I F8,B ALUMRECT. :NT E R SCAM FOR FLUSH �NrG 310 LUL MEM EOS a".1 3 6n6 , SALT sEH ERR A NUTS x 311 x 311 611 996 vqu'&`be.. I- THICK A UNINUM RFORATED PANELS x 2� x V16" ALUMINUM CTAP40LE TUBE WITTER OUT R PERFORATED METAL OTC" .38 VS. 7�16AGC MATcM Q— 4 112-1 ..LT. Pwuf#*"4lw 13'x 5' BALDWIN PARK SOLAR BUS SHELTER ROOFFRAME ME FRONT OF SHEUrER PLAN VIEW SAND BLAST PREP Tyor R DAYLAC SEVES 69190500 ZpNt RO CH Mmcg 5 0 " 7 Dmiws $hack P, POWDER COAT TO(a A I A A L-5010 �1-1 '4- Rfi'-5 V I U2.x I �8" ^LumareTANGLE '50,53 R0LLr,0'TU(3,: STREET SIDE 91 goo x 2a1 % ,247,� 6 a SI TO ALUM CMAMNEL 13'x S'BALDWIN PARK SOLAR BUS SHELTER LOWER END—F-97M-- 1 V2 LEVELING BASE PLATES - 'YPa 1,4all x IAAl ggpp< IT"' "I"^' T X 7'AMC PLATES 4 9/161, Ms., PLAN VIEW SANQ BLAST PREP TYGER URYLAC SEA9E5 W90500 2 1 N C R RC" PR I PER 5 0 - I 0misis thick POWDER COAT Top COAT RAL-508a R%mm 2 1/2" . 2 10211 . W411 GTECL mQuA. Tuac WS" "W.K esT"L .36 07� 4 Oil 611 DR. r END V, E-W SCALE:3/411=1FT w sm OEM SAND SLAST PREP TYGER DRYLA( SERIES 69190500 ZINC R I cm PA I M ER 5 0 -7 DMils ?hick F-DWOER COAT TOP COAT RAL-5011 A 1,4 :41:4 Z I #A —A I- . 2; x 4,13- a C, a , 6 ALUM REMM TUBE #2 HEAD SELF DMUNG SCREW Iffi'MCKALUMMU PERR 1/4' HOLE ON STAG CENTER A I 99LDWING PARK LED EPU Sty 5 LED°@ h9FG LED EPU CARINET.120° Tk{8 X ALUNNUM ®® FIVE L CONFIGURATION .125 THICKALUMINUM . .. . .......... 69AMPIHR m 12vuh PLAN V EW 7ampAv 34 AMPIHR ,120'x 2'FORMED BATTERY CLAMPS 1A25' 112s, HELD IN "TH 10-24 WING NUTS 5FT- 5 LED BOX 36AMP/H & V142 9:1 lot Ar—A gi i J, I 10 to] J, Ull HOLFS TO MATCH EN CLOSED r 14,875' 14A76" Bd 1075' m .251 " 135 % 7 W 033W � �3. W r ALUMINUM PIANO g 4p ryry,4 ; HINGE i : * 1 ! * k WIRING DIAGRAM APPLIES TO 160 WATT SOLAR PANEL la 10 10 S> 4> Q> k g, w 1 z w 313 1 - p 0 60'5 LED 0 DRILL & TAP FOUR1 -2 ROLLED 1-lrr x 118'MLL ROUND TUBE WELDED AS REQUIRED, 04-M-10 law, "A RADIUS :"<(Tm) r T FRONT ELEVAMON 30 " DIA, ONG . ....... . . . . ................... . . . . . ROLLED 5,18- SOLID ROD STEEL � 14' X �, 112 FLAT BAR WRH 318 X HOLE FOR PADLOCK WELDED TO 9 GAUOC LK) AND RING PLASTIC UNER BY RUBBERMAM i w x 3, mR smn FLxr BAR T 3/4" STEEL SCH 40 PIPE 1/4" X 1-1/2" HR ST. FLAT (1) 1/4" X 3" HR ST. FLAT BAR w D 0/4" X APM PLAT BAR FO (2K4NGEWffH NO'$ 5 P§N (� R 141 x 6 I 0 12, RAT BAR H^sp YOM Wal 00, �WLr; 12 GAUGE MR ST, BASE LO WffH 6 0* DIA TRASH HOLE ROLLED 5/8' OM STEEL ROD DIA. STEEL ROD 1/4" X 1-1/2" HR ST. FLAT 1/4" X 3" HR ST. FLAT BAR GAUGE HR LID ITEM NO. 7 TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation and Community 5AN GARdEL Services 0 DATE: December 6, 2023 SUBJECT: Request Appropriation of Funds for Utilities at Ezperanza Villa and Serenity Homes SUMMARY The purpose of this staff report is to seek City Council approval for appropriations to fund utilities for Esperanza Villa and Serenity Homes. RECOMMENDATION It is recommended that the City Council to: 1. Authorize the Director of Finance to appropriate $50,600 from the ARPA funds allocated to the Senior Trips and Events Reimbursement Program to fund utilities for Esperanza Villa and Serenity Homes and make necessary budget adjustments; and 2. Authorize the Director of Finance to appropriate $22,500 from the ARPA funds allocated to the Senior Trips and Events Reimbursement Program to fund utilities for Serenity Homes and make necessary budget adjustments if PL.HA funds are not approved. FISCAL IMPACT There is no fiscal impact on the General Fund. Staff recommends appropriating $40,600 to cover utilities, including water, gas, electricity, and internet for Esperanza Villa (Account # 275-60-710-53370-66023), reimbursing incurred costs charged to Fund #501 and covering expenses for the remaining months through December 2023. An additional appropriation of $1.0,000 is recommended for Serenity Homes (Account # 275- 60-710-53370-66023) through June 2024. BACKGROUND During the budget process there was an oversight in including utilities for Esperanza Villa. The City received grant reimbursement for start-up expenditures from the San Gabriel Valley Council of Governments (SGVCOG) for $180,000 and San Gabriel Valley Regional Housing Trust (SGVRHT) for $131,669.62 for a total of $311,669.62 for Esperanza Villa star -up costs. The total expenditures where $287,230.07 leaving a balance of $24,439.85 for utilities. To date a total of $53,844.59 has been charged to fund 501 and approximately an additional $11,100 will be spent in utilities through December 2023 for an approximately total of $64,944.59. Listed below is a utility allocation reconciliation. Page 1 / 2 Esperanza Villa Utility Allocation Reconciliation Totaled to Fund 501 Estimated utilities cost through December2023 Total estimated utility cost through December abl e f rom® G & SGV RHT Additional Funding needed for estimated cost through Dec. 2023 Recommended funding appropriation from Fund ARPA Fund #275 It is anticipated that approximately $22,500 in utilities at Serenity Homes will be incurred from January through June 2024. Staff will apply to amend the City of Baldwin Park's 5-year Permanent Local Housing Allocation Program (PLHA) with the California Department of Housing and Community Development (HCD). The funding allocation plan covers the years 2019-2023. The amendment would include Activity 6 of eligible expenditures to include operating costs of Esperanza Villa and Serenity Homes. The amendment would apply to funding requests for the years 2020 through 2023. Staff will present the amendment plan and application to the City Council for consideration at a subsequent meeting prior to submitting it to HCD during the designated amendment period. If PLHA funding is not approved, other funding sources might include General Fund to support the utility costs for the remaining fiscal year and future years. ALTERNATIVES The alternative is to direct staff to seek for other funding sources to cover the utility costs. LEGAL REVIEW None required. ATTACHMENTS None Page 2/2 ITEM NO. 8 LD z TO: Honorable Mayor and Members of the City Council HUB,OF rHE,,FROM: Ron Garcia, Director of Community Development sang �6'EL DATE: December 6, 2023 SUBJECT: Approve and Adopt Resolution No. 2023-043 of the City of Baldwin Park adopting an inventory report of excess, exempt, and non-exempt surplus land pursuant to government code section 50569. _Y1111 IU /lyWA The Surplus Land Act (the "Act"), as amended, requires that on or before December 31st of each year, each county and city in the state must "make a central inventory of all surplus land ... and all lands in excess of its foreseeable needs ... within the jurisdiction of the county or city that the county or city or any of its departments, agencies, or authorities owns or controls" (the "Inventory Report") and submit the Inventory Report to the California Department of Housing and Community Development (HCD) by April 1 st of each year as part of the county or city's annual Housing Element progress report. This action would have the City Council review and approve the Inventory Report. RECOMMENDATION It is recommended that the City Council: 1. Accept the Inventory Report of excess, exempt and non-exempt surplus lands, pursuant to Government Code 54221, 2. Adopt Resolution No. 2023-043 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING AN INVENTORY REPORT OF THE CITY'S SURPLUS AND EXCESS LAND, PURSUANT TO GOVERNMENT CODE SECTION 54230' ; and 3. Authorize staff to submit a report to the California State Department of Housing and Community Development pursuant to Government Code 54230(a)(1). FISCAL IMPACT There is no fiscal impact associated with approving the Inventory Report. BACKGROUND Government Code 54230 mandates that California cities and counties prepare, by Dec. 31st of each year, an inventory of all "surplus land," as that term is defined in the Act, and all "lands in excess of its foreseeable needs," as that phrase is used in Government Code 50569. HCD provides the practical difference between these two categories of land is essentially one of timing. "Surplus land" is land that is no longer necessary for an agency's use and has been officially declared "surplus" by the local agency's governing body. "Excess land" is land that is beyond an agency's foreseeable needs but has not yet been declared surplus. To be "necessary for [an] agency's use," land must be "used, ... planned to be used pursuant to a written plan adopted by the local agency's governing board for, or ... disposed [of] to support ... agency work or operations, including, but not limited to, utility sites, watershed property, land being used for conservation purposes, land for demonstration, exhibition, or educational purposes, related to greenhouse gas emissions, and buffer sites near Page 1 / 3 sensitive governmental uses, including, but not limited to, wastewater treatment plants." [Government Code 54221(c)(1).] DISCUSSION To date, the City of Baldwin Park has not declared properties as exempt surplus properties. The properties on the Inventory Report are currently "excess" properties. They are properties located at 14824 Ramona Blvd currently leased to a barbershop, 1.4751 Badillo Street (Vacant Red Car Building), and 4024 Maine Avenue a vacant lot located northwest City Hall. The Act requires that a local agency declare property as "surplus" before any action may be taken to dispose of the property. Parcels the local agency wishes to sell, that are not exempt from the Act, must be made publicly available for purchase, which includes distribution of the parcel(s) to a list of affordable housing developers prepared and updated regularly by HCD. The notification must also be posted on the City's website and sent to HCD for notification on their website. The notification must stand for sixty (60) days in which time the staff shall take proposals from any interested entity, affordable housing or otherwise. However, the Act is prescriptive on which developer must be selected regarding affordable housing; and that is, priority must be given to an affordable housing project regardless of underlying land use. If multiple affordable housing projects are proposed, then staff must prioritize the project with the greatest and deepest affordability. Once a developer is selected, staff must negotiate in good faith for a minimum of ninety (90) days with the developer that proposed the greatest and deepest affordability. Two outcomes may result from this process: 1. If the City and developer come to terms within the prescribed timeline, then the regular development processes would begin; or 2. If after good -faith negotiations the City and the developer cannot come to terms, the surplus land being notified is no longer required to be listed for public notification under the Act and may be marketed or sold according to the standards of the authority or agency which owns the parcel(s) in question. This comes with a firm caveat: future proposals on surplus land that propose more than ten (10) units of housing are required to provide 25% of the proposed units as affordable. A local agency may be liable for a penalty of 30 percent of the final sale price of land sold in violation of the Act, and 50 percent for any subsequent violation. As the current law is written, the state may, via the Act, cancel disposition agreements and force local agencies to comply with the Act after December of 2022 and prior to selling to a developer who is not proposing affordable housing, whether a disposition agreement is in effect or not. The term "Agency's use" does not include "commercial or industrial uses or activities, including nongovernmental retail, entertainment, or office development." In addition, "property disposed of for the sole purpose of investment or generation of revenue shall not be considered necessary for the agency's use." Nothing in the Act establishes what information must be included in the Inventory Report. However, Government Code § 54230(a)(2) provides guidance. Under that section, "each county and each city" must report to HCD, "a description of each parcel described in [such county or city's Inventory Report] and the present use of the parcel ... [by] no later than April 1 of each year, beginning April 1, 2021, in a form prescribed by [HCD], as part of its annual progress report submitted pursuant to paragraph (2) of subdivision (a) of Section 65400." [Govt. C. 54230(a)(2)(A).] While no such form has yet been issued by HCD, it will, at a minimum, contain blanks for the following information for each parcel of surplus land: (i) Street address or similar location information. Page 2 / 3 (ii) Assessor's parcel number. (iii) Existing use. (iv) Whether the site is surplus land or exempt surplus land. (v) Size in acres. The proposed Inventory Report of this year's surplus properties and excess properties is attached to this report. ALTERNATIVES The City may decide not to adopt the Inventory Report; in which case, the City would be in violation of Government Code 54230 as mandated that California cities and counties prepare, by Dec. 31 st of each year, an inventory of all surplus land, and all excess lands. CEQA REVIEW THE ACTIONS CONTEMPLATED BY THIS REPORT DO NOT CONSTITUTE A PROJECT WITHIN THE MEANING OF SECTION 15378 OF THE STATE OF CALIFORNIA ENVIRONMENTAL QUALITY ACT ("CEQA") GUIDELINES, BECAUSE THEY HAVE NO POTENTIAL FOR RESULTING IN PHYSICAL CHANGE IN THE ENVIRONMENT, DIRECTLY OR INDIRECTLY. THE ACTIONS DO NOT AUTHORIZE ANY SPECIFIC DEVELOPMENT OR INSTALLATION ON ANY SPECIFIC PIECE OF PROPERTY WITHIN THE CITY'S BOUNDARIES. MOREOVER, WHEN AND IF A DEVELOPMENT APPLICATION IS SUBMITTED, THE CITY WILL AT THAT TIME CONDUCT A PRELIMINARY REVIEW OF THE APPLICATION IN ACCORDANCE WITH CEQA. ALTERNATIVELY, EVEN IF THE ABOVE - DESCRIBED ACTIONS ARE A "PROJECT" WITHIN THE MEANING OF STATE CEQA GUIDELINES SECTION 15378, SUCH ACTIONS WOULD BE EXEMPT FROM CEQA REVIEW UNDER THE GENERAL RULE THAT CEQA APPLIES ONLY TO PROJECTS WHICH HAVE THE POTENTIAL FOR CAUSING A SIGNIFICANT EFFECT ON THE ENVIRONMENT. (STATE CEQA GUIDELINES, SECTION 15061(B)(3).) LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution 2023-043 Page 3 / 3 RESOLUTION NOL2023-043 A RESOLUTION OF THE CITO COUNCIL OF THE CITU OF BALDWIN PARK ADOPTING AN INVENTORF] REPORT OF THE CITY'S SURPLUS AND E ICESS LAND, PURSUANT TO GOVERNMENT CODE SECTION 54230 WHEREAS, the City of Baldwin Park ("City") is a municipal corporation and is a "local agency" within the meaning of the Surplus Land Act, Government Code sections 54220 et seq. (as amended, the "Act"),,` and WHEREAS, Government Code section 54230 requires that on or before December 31 of each year, each local agency make an inventory of all surplus and excess lands held, owned, or controlled by it or by any of its departments, agencies or authorities (the "Inventory List"), and that such Inventory List be made a matter of public record and be made available to any citizen, limited dividend corporation, housing corporation, or nonprofit corporation at no chargeLand WHEREAS, "surplus land" is defined in the Act as "land owned in fee simple by any local agency for which the local agency's governing body takes formal action in a regular public meeting declaring that the land is surplus and is not necessary for the agency's use"❑and WHEREAS, "excess land" is defined in the Act as land that "is in excess of its foreseeable needs"sand WHEREAS, Government Code section 54230 specifies that the following information must be provided for each property included in the Inventory List�1(1) the street address or similar location information; (2) the assessor's parcel number; (3) the existing use❑(4) whether the site is surplus land or exempt surplus land and (5) the size of the site in acres) -and WHEREAS, the Inventory List, in compliance with Government Code section 54230, is attached hereto as Exhibit A and incorporated herein by this reference. NOW THEREFORE, BE IT RESOLVED B❑ THE CIT❑ COUNCIL OF BALDWIN PARK AS FOLLOWS: SECTION 1 EThe above recitals are true and correct and are a substantive part of this Resolution. SECTION 2D Each of the three (3) parcels on the Inventory List (the "Surplus Properties") are not necessary for the City's use, and there is no planned use by the City of these surplus or excess properties. 55575.18175\40869213.1 Resolution No. 2023-043 Page 2 of 4 SECTION 3 iThree (3) of the properties are excess lands, as defined in Government Code section 50569, and three (3) of the properties are non-exempt surplus land, as defined in Government Code section 54221(b). SECTION 4L Based on the true and correct written findings in this Resolution and incorporated herein by reference, the City Council hereby authorizes the listing of the surplus and excess properties on the Inventory List created by City staff pursuant to and in compliance with Government Code section 54230. SECTION 5F The listing of the surplus and excess properties on the Inventory List are actions that are exempt from environmental review under the California Environmental Quality Act ("CEQA"), pursuant to CELIA Guidelines 15378, because they have no potential for resulting in physical change in the environment, directly or indirectly. If and when one of the properties is sold to a purchaser, and that purchaser proposes a use for the property that requires CELIA review, that future use and project will be analyzed at the appropriate time in accordance with CELIA. Alternatively, even if the above -described actions are a "project" within the meaning of CEQA Guidelines section 15378, such actions would be exempt from CELIA review under the general rule that CELIA applies only to projects which have the potential for causing a significant effect on the environment. (State CEEIA Guidelines, Section 15061(b)(3)). SECTION 5� If any section, subsection, paragraph, sentence, clause, or phrase of this Resolution is declared by a court of competent jurisdiction to be unconstitutional or otherwise invalid, such decision shall not affect the validity of the remaining portions of this Resolution. SECTION 6❑This Resolution shall take effect immediately upon its adoption by the City Council. Resolution No. 2023-043 PASSED AND APPROVED this 6t" day of December, 2023-1 EMMANUEL [i ESTRADA MAYOR ATTEST STATE OF CALIFORNIA COUNTY OF LOS ANGELES' ss. CITY OF BALDWIN PARK. Page 3 of 4 I, Christopher Saenz, City Clerk of the Baldwin Park City Council, do hereby certify that the foregoing Resolution No. 2023-043 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 6t" day of December, 2023 by the following vote❑ AYES❑ NOES❑ ABSENTO ABSTAIN E CHRISTOPHER SAEN❑ CITY CLERi:i Resolution No. 2023-043 Page 4 of 4 AE12M INVENTORS LIST EXHIBIT A Reference Owner Address APN Existing Use Surplus /Excess Acreage SF 1 City of Baldwin Park 14824 Ramona Blvd 8437-014-907 320 SF Commercial Building EXCESS 0.23 10,255 2 City of Baldwin Park 14751 Badillo Street 8437-013-908 1,419 SF Commercial Building EXCESS 0.18 7,923 3 City of Baldwin Park 14024 Maine Avenue 8554-001-910 Vacant Land EXCESS 0.16 6,845 ITEM NO. 9 dN,00l15[41A Honorable Mayor and Members of the City Council Manuel Carrillo Jr., Director of Recreation and Community Services December 6, 2023 Consideration of the Nomination to Name Maine Avenue Mini Park SUMMARY The purpose of this staff report is to consider the nomination to name Maine Avenue Mini Park. RECOMMENDATION it is recommended that the City Council consider the nomination to name Maine Avenue Mini Park or provide alternative direction. FISCAL IMPACT There is no fiscal impact to the General Fund at this time. BACKGROUND Staff received a nomination request from Mayor Emmanuel J. Estrada to consider the nomination to name Maine Avenue Mini Park to Parque Municipal Ana Montenegro. Mrs. Ana Montenegro, who served as the longest - serving City Treasurer of Baldwin Park passed away at the age of 83. Mrs. Ana Montenegro was a true trailblazer for both women and the community of Baldwin Park. As a dedicated teacher and advocate of cultural programs, she made significant contributions to the city's well-being and preservation of its history and culture. Her election as the City Treasurer marked a historic moment, as she became one of the first Latinas in the state to hold such a position. Prior to her election, she served on the Parks & Recreation and Human Resources Commissions. During her time as city treasurer, Ana Montenegro's commitment to Baldwin Park's progress was evident, as she was appointed to the Lt. Governor's economic task force, where she worked on critical issues like childcare, child support, and gender pay disparities. Her impact extended beyond her role, as she played a pivotal role in bringing folklorico classes to the city. Mrs. Montenegro's deep roots in Baldwin Park, born in one of its oldest families and her connection to the community as an alumna of Margaret Heath Elementary, further highlight her significant contributions. Though she has passed away, her legacy lives on in the city, and she continues to inspire residents as an exemplary figure of community service and dedication. At their November 1, 2023 City Council meeting the design agreement was awarded to design the innovative new Maine Avenue Mini Park, heralding a promising addition to the community's recreational spaces. Presented before you is the nomination for City Council to consider the naming of Maine Avenue Mini Park to Parque Municipal Ana Montenegro pursuant to the City -Wide Naming Policy. ALTERNATIVES The alternative is not to consider the nomination to name Maine Avenue Mini Park. Page 1 / 2 LEGAL REVIEW None is required. ATTACHMENTS 1. Facility Naming Application 2. City -Wide Naming Policy Page 2 / 2 L T�THIS City of Baldwin Park . t� � y Department of Recreation and Community Services B'L Application for Dedication and Namin Al; c:, pp g lip,, of Facilities and Parks Applicant Information Name: Emmanuel Estrada Address: 14403 E. Pacific Ave Phone: (626) 813-5201 Email: EEstrada@BaldwinPark.com My Recommendation is for: ■ Naming a New Park or Recreation Facility Renaming Existing Park or Recreation Facility ❑ Naming / Renaming a Portion of a New or Existing Park or Recreation Facility Proposed Name of Park or Recreation Facility: Parque Municipal Ana Montenegro Location / Property Description of Park or Recreation Facility: Future park development Current Name of Park or Recreation Facility (if applicable): N/A Classification of Proposed Name (Check all that apply): Historical Significance to Location (e.g. historical event landmark, person, or group of major significance to region/location) ❑ Commonly Recognized by Neighbors or Residents ❑ Compliments the Theme of the Location, Neighborhood or Surrounding Area ❑ Deceased Individual (deceased for at least 1',year and has long standing affiliation with ❑ City) Group or Organization (requires long-standing affiliation with City of 10 years or more) ❑ Other: Please describe the reason(s) in support of the proposed name or renaming of this Facility (if more room is needed, please attach separate sheet and write "See Attached" below): Ana Montenegro was a trailblazer for women and all of Baldwin Park. She was a teacher, and a strong advocate of cultural programs in our city. When she was elected city treasurer, she became one of the first Latinas to be elected in the state. Before being elected she served on two commissions, parks and recreation and human resources. During her tenure as treasurer, she was appointed to serve on the Lt Govs economic task force. Ana Montenegro is an inspiration to all of Baldwin Park residents. By keeping her legacy alive, we are celebrating our history, culture, and efforts of those that have paved the way for us. Page 1 For recommendation of an Individual (whether deceased or living), please indicate individual's long-standing affiliation with Baldwin Park (10+ years or more) of significant community service, involvement or contributions. Specifically indicate how this person has: (a) Enhanced the quality of life/well-being of Baldwin Park's residents, (b) Contributed to the preservation of the Baldwin Park's history and culture, (c) Made exemplary or meritorious contributions to Baldwin Park or its residents, or (d) Contributed to the acquisition, development or conveyance of land, buildings, structures or other amenities to the Baldwin Park Community (if more room is needed, please attach separate sheet and write "See Attached" below): Ana Montenegro was the longest serving city treasurer in Baldwin Park's history. She fought to initiate cultural programs in Baldwin Park. She is credited with bringing folklorico classes to Baldwin Park. Ana Montenegro also served on the parks and recreation and human resources commissions. She was elected city treasurer in 1976, making her one of the first Latinas to be elected to office in the state. In 1983, Montenegro was appointed to Lt Gov, Leo McCarft s economic development commission on the feminization of poverty. The commission studied child care, child support, and occupational and pay disparities between men and women. Her roots go beyond her long tenure as city treasurer. She hails from one of Baldwin Park's oldest family and was born on Park ave. She was a alumnus of Margaret Heath elementary. Although she has been gone for over a decade, we always remember her when we see her husband Monty around the city. Montenegro served communities as a teacher for more than 30 years in neighboring El Monte. Supporting Documentation (Required for recommendations of an Individual's name): I have included the following documentation to demonstrate broad -based community support for my recommendation: ❑ Letters ❑ Character references ❑ Newspaper or journal, ❑ Petitions ❑ Other Documentation: The following conditions will apply to all Commemorative Dedication and Name Applications: All applications submitted to the Facility Naming Committee for the purpose of naming or renaming a new or existing park/recreation facility must be filled out completely and accurately with supporting documentation in accordance with and as required by the City of Baldwin Park's Policy for the Naming, Dedication and Sponsorship of City Facilities and Acceptance of Donations (hereinafter "The Policy"). The Policy is available on the City of Baldwin Park's website, which can be found at www.baidwinpark.com and/or hard copies may be requested from the Recreation and Community Services Department. The naming or renaming of a park or recreation facility will be considered only through this application process. Incomplete, illegible and/or fraudulent applications will not be considered. The City of Baldwin Park, and Recreation and Community Services, reserves the right to verify the identity of the Applicant submitting this application to ensure its validity. The Baldwin Park City Council will have the final decision as to the naming/renaming of a park or recreation facility and reserves the right to reject any and all proposed names and/or applications submitted for consideration. Signature of Applicant: Mayor Emmanuel J Estrada Date of Submission: July 24, 2023 Return Completed Application Packets To: City of Baldwin Park Department of Recreation Community Services Department Page 2 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 Page 3 LOCALNEWS;- Ana Montenegro, longest -serving Baldwin Park city treasurer and former teacher, dies at 83 For Ana Montenegro, it was just as important to remember your past as it was to look to the future. Even as she instilled in her children the importance of education and having goals, the Baldwin Park nature fought to start the cty's first cultural programs. "My mom told them, just make sure you have the money" for a Mexican Ballet folklor co class at the city's recreational center, Marina Montenegro said. "Don't worry about the students, I'll get you the kids." Ana Montenegro, a member of one of Baldwin Park's oldest families, died at home April 7, four doors away from where she was born on Park Avenue. She was 83. "Ana was one of the most caring and compassionate persons you can meet," Baldwin Park Mayor Manuel Lozano said. "She would always make time to provide you with guidance and that's who Ana Montenegro was" Born in 1930, Montenegro went to Margaret Heath Elementary in Baldwin Park and graduated from Covina High School in 1948. She met Humberto "Monty" Montenegro that year and she wrote to him every day when he went to fight in the Korean War a few years later. "y dad said he would marry her when he got back, and he did," Marc Antony Montenegro said. The pair married in 1956 and had their first son, Alexander, in 1958. Page 4 But for .Ana, her two biggest forays into public life began in 1976. She was elected Baldwin Park city treasure-, one of the first Latinas to be elected to office in the state. The following year, the. multilingual Montenegro became a foreign language teacher at Mountain View High in El Monte, having earned her bachelor's degree from Cal Mate I.A. and earning a certificate to teach both French and Spanish. She held both posts for 25 years. "Ana, bath a school teacher and a city treasurer for more than three decades, and her husband Monty, a Korean War veteran, had always been an integral part of the community in Baldwin Park," former Labor Secretary Hilda Solis wrote in an email Friday. ".Ana was an early supporter of my assembly race in 1992 and continued to support me throughout the gears." She was also deeply religious, sending her children to St. John the Baptist School and remaining a lifelong parishioner. Services will be held Wednesday at St. John, with a prayer session and reading from the Chaplet of Divine Mercy at 9:30 a.m. and Mass at`10 a.m. Following the glass, the funeral will be held at the Resurrection Cemetery in Montebello, which will include a Rosary prayer. The family can be reached at 626-962-5716 and daughter-in-law Viviana Montenegro's Facebook page, www.faceboo.com/viviana.montenegro.927, is open for friends and former colleagues to post memories of Ana, Marc Montenegro said. "She has left such an incredible legacy," said Baldwin Park Councilwoman Cruz Baca, who also was Ana Montenegro's cousin. "To see someone life that, especially in the era we were growing up, that it was possible for a Latina, a Mexican -American woman to go to college, to succeed in whatever you wanted to succeed in, while coming from humble beginnings, and for her to accomplish what she did, it's unbelievable." "The year I was born they moved into this house," Marina Montenegro said. "And then they had an egg farm with 2,000 chickens in the backyard, because the house came with the chickens." In 1965, the family patriarch opened his own business, Monty's Electric, with Ana helping run the operation as well as raising the couple's five children, which eventually included daughter Melisa Carrillo and son Adrian Montenegro. Page 5 CIT❑ OF BALDWIN PARK CIT II -WIDE NAMING POLICDI PURPOSELTo establish uniform procedures for the naming or renaming of City Facilities and Streets to enhance the sense of honor and legacy in the City of Baldwin Park. GENERAL POLICY The following guidelines have been established to provide for a consistent procedure in the naming or renaming of City Facilities/Streets. PROVISIONS A. General Guidelines The City Council shall have the final authority to name and rename all City Facilities/Streets. 2. The City Council shall have the final authority to designate the CEO or an appointee to create a committee for review and commemoration of Facilities/Street names and commemorative plaques and monuments. 3. Under extraordinary circumstances, the City Council may, with a majority vote of City Councilmembers, revoke the current name of any Facility/Street. 4. It is the intent of this policy to prohibit the changing of street names that have existing homes or businesses using the street name in their address, except under extraordinary circumstances with a majority vote of City Councilmembers. 5. No Facility/Street shall be named after a current seated elected or appointed official, until one year has passed, after the completion of term. 6. No Facility/Street/Monuments shall be named more than once after an individual or organization. B. ❑ ualifications for Naming of City Facilities 1. ❑ualifying criteria include the following a. City controlled Facilities may be named or renamed after any group, individual, or family, living or deceased that has made significant and substantial contributions of a service, cultural or historic nature to the City of Baldwin Park, as determined by the City Council's designated public input process. Said contributions do not haveto be financial in natureFthey may include extensive service and / or support the City organization of the community in general. b. The area in which the honoree made the most contribution should be considered when determining which Facility will be named after that person or group. That is, when possible, there should be a correlation between the service provided by the honoree and the Facility. Facility and Street Naming Page 1 of 4 c. No Facility shall be named or renamed after a deceased individual until at least one (1) year has passed. This qualification is appropriate to establish a waiting period to ensure that an individual's accomplishments and contributions will stand the test of timend that decisions shall not be made on an emotional basis immediately following a person's death. d. When determining whether to rename a Facility, the party making the determination shall consider all factors he / she / they deem relevant, including whether some or all of the following accurately describe the person or organization for whom the Facility is proposed to be renamed' ] The person or organization made lasting and significant contributions to the protection of natural or cultural resources of the City of Baldwin Park- or The person or organization made substantial -contributions to the betterment of a specific Facility/Street consistent with the established standards for the Facility/Street::-br iii. The person or organization made substantial ] contributions to the advancement of recreational opportunities with the City of Baldwin Park- or iv. The person or organization was associated with an economic development or redevelopment activity -or V. The person or organization had a positive impact on the lives of Baldwin Park's residents ---or vi. The person or organization volunteered for ten (10) or more years of service to the community -or vii. Upon the naming or renaming of a Facility, the name shall not be used for any other dedication or renaming. viii. The City Council, in its sole and unlimited discretion, may remove or change the name of any Facility at any time, unless contractually obligated otherwise. *Additional information as to how / why the contribution of the individual or organization was significant orsubstantial may be required. C. Naming Criteria 1. Streets a. Names for streets shall be unique and distinct. Similar sounding or duplicate street names shall not be considered Facility and Street Naming Page 2 of 4 b. Street names shall be selected to either recognize natural features related to the Baldwin Park community or to recognize a person or organization that have made a lasting and significant contribution to the betterment of the City of Baldwin Park. c. Names with the same theme are suggested for naming streets in an entire subdivision, as a means of general identification. d. Discriminatory or derogatory names shall not be allowed. e. For the purposes of this policy, the changing of street names that have existing homes or businesses using the street name in their address shall not be allowed, except under extraordinary circumstances with a majority vote of City Councilmembers. 2. City Facilities a. For purposes of this Subsection C.2, City facilities refer to parks, buildings, or recreational facilities. b. For new City facilities, the naming process shall begin as early in the projectas possible. c. City facility names shall be selected to either recognize natural features related to the Baldwin Park community or to recognize a person or organization that made a lasting and significant contribution to the betterment of the City of Baldwin Park. d. Areas within City facilities that may be named separately from the main building include points of entryLrooms / patios within a City building Jacility features (such as a column or fountain) ❑walkways❑trails, recreational facilities(such as group picnic areas, sports fields, water features, or park monuments) �idrive-waysLjor other related items. 3. Commemorative Street signs, Plaques and Monuments a. Commemorative street name signs are additions to the street name and will not change the street address. Existing street names shall be retained and a supplemental sign or plaque shall be installed beneath the existing street name signage. Names for the commemorative street name signs shall be selected to either recognize natural features related to the Baldwin Park community or to recognize a person or organization that have made a lasting and significant contribution to the betterment of the City of Baldwin Park. b. Commemorative plaques shall be placed in public facilities or on monuments. Names for thecommemorative plaques shall be selected to recognize a person or organization that has made a lasting and significant contribution to the betterment of the City of Baldwin Park. Plaques may be used to identify a particular room, lobby, bench or designated area. Facility and Street Naming Page 3 of 4 D. Application Procedure.: 1. Requests for naming and / or changing the name of a City Facility shall begin by being submitted to the CEO's office in writing on the City's Facility Naming Application Form. If the proposed Facility is in recognition of a person or organization, the applicant is required to provide clear evidence that the person or organization to be honored has made a significant and lasting contribution to the betterment of the City of Baldwin Park. 2. All submittals, whether from an individual, organization or City staff, must include the name and address of the submitter. No anonymous submittals will be accepted. 3. Upon receipt of the application, the CEO or his / her designee shall review the application. If the proposed Facility to be named / renamed is connected or associated with a park, the CEO or his / her designee shall provide the Facility Naming Application Form to the Director of Recreation and Community Services for public input & review. The Recreation Commission shall assist in the process, and then and render a recommendation tothe City Council regarding the proposed name / rename. 4. Following that review, the CEO or his / her designee shall place the proposed facility naming / renaming item on a future City Council agenda for formal review and consideration by the City Council. If the request is denied by the City Council, no further action is taken. If the City Council approves the request,staff shall be directed to go forward with implementing the naming of the Facility. The steps taken to implement the request will be developed as an internal City process. The decision of the City Council will be final. Facility and Street Naming Page 4 of 4 ITEM NO. 10 LD z TO: Honorable Mayor and Members of the City Council HUB,OF rHE,,FROM: Enrique C. Zaldivar, City Manager sang �6'EL Rose Tam Director of Finance Mar c: �AMIL) . DATE: December 6, 2023 SUBJECT: Funding Assistance For the Baldwin Parr Eastside Little League Youth Organization- To Reopen Following Temporary Closure Due to Covid-19 Impacts SUMMARY Eastside Little League (ELL) operations were severely impacted at the onset of the Covid-19 pandemic in April 2020 and ultimately suspended for the 2020 season and the following two years 2021 and 2022. Through much volunteer effort, ELL is resuming operations in the upcoming 2024 season and has requested financial assistance from the City. City Council directed Staff to present a funding recommendation. RECOMMENDATION It is recommended that the City Council: 1. Find that it is in the City's best interest to provide financial support to the Baldwin Park Eastside Little League to resume operations and provide valuable youth sports services to our community. 2. Authorize the Director of Finance to appropriate $1.3,000 from anticipated potential savings from the America Rescue Plan Act (ARPA) Funds, Account No. 275-50-755-58100-55026, allocated to the Toilet Replacement Program, and to make necessary funding adjustments. 3. Authorize the Chief Executive Officer and the Director of Finance to issue a check to Eastside Little League for the amount of $13,000. 4. Authorize the Chief Executive Officer to make any technical adjustments to carry out the direction of the City Council. FISCAL IMPACT There is no additional fiscal impact in as much as the proposed funding will be reprogrammed from an already funded program. The Toilet Replacement Program was appropriated $600,000 of ARPA Funds. As of November 28, 2023, $89,000 have been expended with an additional $27,300 subscribed. While the program will run thru the end of December 2024, the reduction in funding is minimal and will be absorbed by making minor program adjustments. BACKGROUND The impact on ELL at the onset of the Covid 19 Pandemic was so devastating that they were compelled to suspend operations right as their Spring 2020 season was getting underway. Player registration fees were fully refunded, fund-raising activities were stopped, and all games were cancelled for the 2020, 2021, and 2022 seasons. At the City Council meeting of November 15, 2023, ELL President Cecelia :Bernal provided testimony during the public comments segment about the resolve of the ELL Board, coaches, parents, volunteers, and the players to Page 1 / 2 resume play for this upcoming Spring 2024 season, while also acknowledging the financial challenges of ELL as they have zero cash reserves and are facing difficulties with acquiring some of the most critical components such as equipment. Ms Bernal further made a request to the City Council for the City to provide ELL financial assistance if possible. City Council directed Staff to consider ELL's request and present the City Council with a recommendation. DISCUSSION ELL is a volunteer -driven and managed non-profit youth sports organization, a critical element is our City's youth development fabric. As many as 300 kids and as many as 14 teams have enrolled in a single season when it was active in three sports categories: T-Ball, baseball, and softball. ELL is hosted at Vineland Elementary School on 3609 Vineland Avenue, Baldwin Park, CA 91706. Youth Development is one of the City Council's priorities. ELL is a committed partner in such endeavor by mobilizing, activating, and organizing dozens of volunteers in the running of the league for the benefit of our City's youth. It is in the City's interest to help ELL be successful in achieving their mission as they recover from the Covid-19 Pandemic. Utilizing ARPA funds in providing the financial assistance is an optimal nexus. Attached is a table showing ELL's proposed budget for 2024 season, with an itemization of cost elements. The recommended $13,000 in financial assistance will defray the cost for the following items: Balls (T-Balls, baseballs, softballs) ---------- $4,000 Equipment---------------------------------------- $4,000 Trophies and Awards--------------------------- $ 5,000 Total --------------------------------------------- $13,000 LEGAL REVIEW Report has been reviewed by the City Attorney. ATTACHMENTS 1. Eastside Little League 2024 Proposed Budget Page 2 / 2 Baldwin Park Eastside Little League 2024 Budget ITEM COST Athletic Field Marker/Chalk $ 700.00 Back Stop $ 400.00 Balls, Tballs, Baseball, Softball $ 4,000.00 Banners $ 400.00 Bases 2 sets Minor/Major Fields $ 1,200.00 Blue Bin Roof Repair $ 500.00 CA Secretes , ";1 1 ,,,50I©3 $ ..s. «v, °�.... 25.00 Charter»W ea. $ Av 450.00 Crock t�° 3 .. �,:.. $r ,°> 50.00 District�,�at.> Domain` � 35.00 Edger �, 400.00 Equipment Fla Pole Roe:;.... 40.00 Flyers $ 1,000.00 Fryer 2 $ 650.00 Gasoline », 200.00 Grip , 60p.00 Hats„ Infield IJr tie Chk , ,,, .. ., Insurance.; .,., ..,..,.. , Nr Lawn Mover 500.00 Locks �. :: ; ,.... $ ,. 200.00 Logo .., ... 120.00 Medals , $ 500.00 Misc Office Ski . ,.ies- .... ... , ,. ' ;, .»„ 200.00 Painta ... �200.00 Permits ,,.. .... 500.00 PO Box 12 mos.)� 176.00 Printer & Paper $ 200.00 Printer Ink , ., ,,,.. , _ ... $ 40.00 ,,,...... uad�.. �. . ,..,,; . „ 500.00 Refry fir, �ckbar Scorecider R f. >>° ' ` .., 0 .00 Score s�om 5 $ „f70.00 Snack Bar'"R " 'airs $ 2;000.00 Snack Bar Roof $ 500.00 Snackbar Cash Register $ 400.00 Snackbar Utensils $ 200.00 Sweatshirts $ 500.00 T-Shirts $ 500.00 Taxes $ 850.00 Tees for T-Ball $ 250.00 Trophies $ 5,000.00 Umpires $ 9,000.00 USA Fla $ 26.00 Total $ 44,962.00 ITEM NO. 11 TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Director of Community Development saNaR!E�,° Nick Baldwin, AICP, City Planner DATE: December 6, 2023 SUBJECT: Adoption of Resolution No. 2023-039 to Approve Commercial Cannabis Agreement No. 23-03 and Cannabis Permit Application No. 23-02 to Amend the Ownership Parties of the Existing Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone (Location: 1.3460 Brooks Drive, APN 8535-024-018); Applicant: Green Health Industries, LLC; Case Number: CCA 23-03 for CAN 23-02). SUMMARY On or about May 19, 2023, the City of Baldwin Park ("City") received a Cannabis Permit Application -Ownership Amendment ("Application") from Green Health Industries, LLC, a California limited liability company ("Applicant"), requesting to amend the ownership parties of the existing cannabis cultivation and manufacturing facility at 13460 Brooks Drive, Baldwin Park, CA; APN 8535-024-018 ("Site"). After review of the Application, Staff recommends that the City Council consider and approve proposed Commercial Cannabis Agreement ("CCA") No. 23-03 between the City and Applicant to approve the amended ownership parties of the existing cannabis cultivation and manufacturing facility at the Site, which is located within the I, Industrial Zone. Per Section 127.08(A) of the BPMC, An owner who obtains a permit under this chapter may not sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her ownership interest in the commercial cannabis production activity covered by any permit issued under this chapter without a written request deemed appropriate by Chief Executive Office of the city, or his/her designees, and City Council approved, fully executed and effective development agreement. This proposal is before the City Council in compliance with this requirement. RECOMMENDATION It is recommended that the City Council adopt Resolution No. 2023-039 approving Commercial Cannabis Agreement No. 23-03 and Cannabis Permit Application No. 23-02 to Amend the Ownership Parties of the Existing Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone (Location: 13460 Brooks Drive, APN 8535-024-018); Applicant: Green Health Industries, LLC; Case Number: CCA 23-03 for CAN 23- 02). FISCAL IMPACT The CCA has a financial component which provides a positive fiscal impact to the City. Page 1 / 2 DISCUSSION In 2017, the Applicant submitted Cannabis Permit Application No. 17-31 to operate a cannabis cultivation and manufacturing facility at the Site and received approval upon execution of a Development Agreement (DA 18- 15) associated with the use. The business has been successfully operating since that time. The business operates within a two-story, industrial building with 16,255 square -feet of floor area dedicated to cultivation and manufacturing. Before the business was approved to operate in 2017, the City found that the proposal was in compliance with the requirements set forth in the City's Commercial Cannabis Ordinance (Chapter 127 of the BPMC) (See Exhibit C, CAN 17-31 Development Agreement, Application, and Ordinance). The proposal is to amend the ownership parties that make up the limited liability corporation made up of several ownership members. Some existing members will be removed and some new members will be added and the new membership make up will consist of 11 members, none of whom will own a stake greater than 20%. Per City requirements, all owners of a cannabis business must go through background checks administered by the Baldwin Park Police Department. The Police Department verified that all proposed partners of the ownership entity passed review and met the established criteria. The amendment to the ownership parties is the only change proposed and the business operations will remain unchanged from their current condition. The existing business currently operates under a Development Agreement dated April 12, 2018 ("D.A."), with the City. The City has invited the Applicant to replace that D.A., with a Commercial Cannabis Agreement ("CCA"), which is the new method by which the City sets terms and conditions with commercial cannabis operators and is intended to be fair and equitable to all operators engaged in commercial cannabis activity in the City. The Applicant agreed to this replacement and has consented to enter into a CCA (attached hereto as Exhibit B). The formal action to remove the DA requires actions at public hearings from the Planning Commission and the City Council and will occur at the upcoming meetings for those bodies in late January/early February 2024. All outstanding fees owed to the City by the Applicant that required under the D.A. have been paid. Upon submittal of the Application, the Applicant paid one-time fees for the Cannabis Permit Application and background checks in the amount of $18,196.93. Pursuant to the CCA, the Applicant also agreed to pay the City $250,000, as the Annual :Public Benefit Fee, which is subject to reassessment after five (5) years, provided the CCA is renewed as set forth therein. CEQA REVIEW In accordance with the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed CCA No. 23-03 and CAN 23-02 will not have a significant impact of the environment and is categorically exempt pursuant to the California Code of Regulations, Article 19, Section 15301, Class 1, `existing facilities.' Furthermore, the proposed facility is within an existing industrial building, which is in conformity with the City :Planning and Land Use requirements, as set forth in the BPMC. This report has been reviewed and approved by the City Attorney, and Special Counsel, Commercial Cannabis Activity, as to legal form and content. ATTACHMENTS 1. Resolution No. 2023-039 2. Commercial Cannabis Agreement, CCA 23-03 3. CAN 17-31 Development Agreement, Application, and Ordinance 4. Exhibit D, Vicinity Map Page 2/2 RESOLUTION NOF2023-039 A RESOLUTION OF THE CIT❑ COUNCIL OF THE CITEi OF BALDWIN PARK TO APPROVE COMMERCIAL CANNABIS AGREEMENT 23-03 AND CANNABIS PERMIT APPLICATION N0F123-02 TO AMEND THE OWNERSHIP PARTIES OF THE EIL]ISTING CANNABIS CULTIVATION AND MANUFACTURING FACILITF] WITHIN THE "I," INDUSTRIAL FIONE (LOCATION: 13460 BROOKS DRIVEL] APN: 8535-024-018)L, APPLICANT: GREEN HEALTH INDUSTRIES, LLCM CASE NUMBER: CCA 23-03 FOR CAN 23-02) Ll WHEREAS, Green Health Industries, LLC, a California limited a liability company, ("Applicant"), submitted a Cannabis Permit Application (CAN 23-02) on May 19, 2023 ("Application"), to the City of Baldwin Park ("City") to amend the ownership parties of the existing cannabis cultivation and manufacturing facility within the Industrial (1) zone at 13460 Brooks Drive, Baldwin Park, CAnAPN 8535-024-018 ("Site"), pursuant to Chapter 127 of the City of Baldwin Park Municipal Code ("BPMC")Ind WHEREAS, Section 127.08(A) of the BPMC specifies that 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 agreementEand WHEREAS, The City Attorney confirmed that a Commercial Cannabis Agreement (CCA) can replace an existing development agreement and serve the same purpose as specified in Section 127.08(A) of the BPMCLand WHEREAS, a CCA, attached as Exhibit B, was negotiated by and between the City and Applicant, and their respective counsel, which terms and conditions were mutually agreed uponivand WHEREAS, the purpose and intent of the CCA is to set forth the terms and conditions under which the Applicant will operate a commercial cannabis cultivation and manufacturing facility, which include, but are not limited to, payment of community benefit fees, and other fees as mutually agreed upon, automatic termination for non-payment of fees, approval of architectural plans (including site plan, floor plan and elevations) to conform with the requirements of the BPMC, and other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the City, as authorized in Chapter 127 of the BPMC,—and WHEREAS, In accordance with the provisions of the California Environmental ❑uality Act (CE❑A), the City has determined that the proposed CCA No. 23-03 and CAN Resolution 2023-039 Page 2 of 4 23-02 will not have a significant impact of the environment and is categorically exempt pursuant to the California Code of Regulations, Article 19, Section 15301, Class 1, `existing facilities.' Furthermore, the proposed facility is within an existing industrial building, which is in conformity with the City Planning and Land Use requirements, as set forth in the BPMC. NOW, THEREFORE, IT BE RESOLVED AS FOLLOWS: SECTION 1 u The existing commercial cannabis cultivation and manufacturing facility (collectively, "Project") that is located at the Site, which is located in the Industrial (1) Done, is subject to the terms defined in Chapter 127 of the BPMC and will remain unchanged. The proposal is to amend the ownership parties of the business, which requires approval by the City Council per Section 127.08(A) of the BPMC. This Project, with the approved amendment of the ownership parties, is consistent with the purpose and intent of the BPMC, the Industrial one and the General Plan land use designation. SECTION 2LJThe City Council does hereby adopt the Findings of Fact applicable to all Commercial Cannabis PermitteesF] 1) The CCA is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the Project is located within the 1, Industrial Fone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The approval of the Project is also consistent with Goal 1.0 of the City's Economic Development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on -going campaign with local businesses to hire local residents. The amendment of the ownership parties of the business will have no impact on the business operations. 2) The CCA is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1501 allowing commercial cannabis retail) commercial cannabis activity is allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. 3) The CCA is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the City as a whole. Resolution 2023-039 Page 3 of 4 The CCA is in conformance with the general area and City as a whole as it is located within the 1, Industrial ❑one surrounded by industrial uses. The use exceeds the distance requirement of fifty (50) feet between commercial cannabis activity and the closest residential zone Ju rthermore, pursuant to Section 127.07.E. 1 of the BPMC, the commercial cannabis activity is not near any sensitive uses such as schools, day care centers, parks or youth centers. The CCA has been freely negotiated between the Applicant and the City, and their respective counsel[ the Applicant has agreed that there is no inequality in bargaining power and the CCA is not ambiguous. The Applicant has capacity to read and understand the CCA and has read and understands the terms and conditions therein. The Applicant acknowledges that the CCA is valid and fully enforceable according to its terms. SECTION 3F] Staff recommends that the City Council approve the proposed CCA for the proposed commercial cannabis cultivation and manufacturing facility, pursuant to the Findings of Fact for CCA 23-03 identified in Section 2 of this ResolutionFand SECTION 4D The City Clerk shall certify to the adoption of this Resolution. Resolution 2023-039 Page 4 of 4 PASSED AND APPROVED this 6t" day of December 20230 _�I_IuJJI-u'JJJ_�LIuJJL'IJJUJJ�uJJJL!uuuJLUJJJL!Ju EMMANUEL F1 ESTRADA MAYOR ATTEST[E STATE OF CALIFORNIA COUNTLi OF LOS ANGELES SS-1 CITO OF BALDWIN PARK I, Christopher Saenz City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Resolution No❑2023-039 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting thereof, held on the 6th day of December, 2023 by the following vote❑ AYESC NOESC � i'�❑phi-1C�❑� _: iC��hi-1CC❑❑�C❑�❑�1C❑❑-1 Christopher Saenz CITY CLER❑ COMMERCIAL CANNABIS AGREEMENT by and between CIT- OF BALDWIN PARK and GREEN HEALTH INDUSTRIES, LLC, Relating to Commercial Cannabis Activity - Cultivation and Manufacturing - C'-C. C..C. C. C'-C C E C L; C E C C'.-C C EF C,-DC L C C_-C C..C. 0 C_ 10 0-0 COMMERCIAL CANNABIS AGREEMENT ARTICLE 1 i ] PARTIES AND DATE This Commercial Cannabis Agreement dated December ❑❑❑, 2023 is Case No. E❑ ❑:❑_❑❑❑❑❑. This Agreement is entered into between (i) the CITY OF BALDWIN PAR,--] ("CITY"), a California municipal corporation, and (ii) Green Health Industries, LLC, California limited liability company ("LICENSEE") ("AGREEMENT"). This AGREEMENT shall become effective on the Effective Date defined in Section 3.1.17 below. ARTICLE ZC RECITALS1,11 WHEREAS, on or about May 2, 2018, the CITY approved a Statutory Development Agreement, which replaced a non -statutory Development Agreement, with LICENSEE (collectively, "Development Agreement"). WHEREAS, pursuant to the Development Agreement, LICENSEE currently conducts commercial cannabis activity in the CITY pursuant to the Baldwin Park Municipal Code ("BPMC") Chapter 127 and all applicable state laws, rules, and regulations❑ specifically cultivation (adult - use -small -indoor) and manufacturing (Tyle 6 non-volatile solvent extraction)❑ WHEREAS, the CITY seeks to enter into a Commercial Cannabis Agreement with LICENSEE, which shall replace the Development Agreement for the LICENSEE to continue to conduct commercial cannabis activity in the CITYC WHEREAS, LICENSEE has demonstrated to the CITY that is continues to have legal and/or equitable interest in the subject real property for the continued operation of commercial cannabis activity in the CITYC WHEREAS, LICENSEE voluntarily enters into this AGREEMENT and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the CITY, LICENSEE has elected to execute this AGREEMENT as it provides LICENSEE with important economic and development benefits--, WHEREAS, this AGREEMENT and the Project, as defined herein, are consistent with the CITY's General Plan and zoning Code and applicable provisions of the CITY's applicable ❑oning Map and the Baldwin Park Municipal Code as of the AGREEMENT`` WHEREAS, this AGREEMENT shall be subject to City Council approval pursuant to a duly noticed agenda❑ WHEREAS, all actions taken, and approvals given by the CITY have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters❑ WHEREAS, this AGREEMENT will eliminate uncertainty in planning and provide for the orderly development of the Project and/or Property, ensure progressive installation of necessary improvements, and provide for public services appropriate to the development of the Project WHEREAS, in an effort to implement state policy to promote private participation in comprehensive planning and to strengthen the public planning process and to reduce the economic risk of development, the CITY deems the approval of this AGREEMENT to be in the public interest and intends that the approval of this AGREEMENT be considered an exercise of the CITY's police powers to regulate the development of the Property, as defined herein, during the Term of this AGREEMENTS WHEREAS, this AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the CITY and the surrounding region and the CITY has specifically considered and approved the impact and benefits of the development of the Property, as defined herein, in accordance with this AGREEMENT upon the general welfare of the regionC] WHEREAS, concurrently with execution of this AGREEMENT, CITY acknowledges that LICENSEE has been authorized to conduct commercial cannabis activity at its facility up to 19,100 square feet of Premises (as defined in California Code of Regulations, Section 15006)1 WHEREAS, LICENSEE's location will be 13460 Brooks Drive, Baldwin Park, CA 91706 as more fully described in Attachment No. 1, hereinCand WHEREAS, this AGREEMENT has been freely negotiated between the LICENSEE and the CITY. The LICENSEE and the CITY agree that there is no inequality in bargaining power and that the AGREEMENT is not ambiguous. The LICENSEE has the capacity to read and understand this AGREEMENT and has read and understands the terms and conditions herein. The LICENSEE and the CITY acknowledge that this AGREEMENT is valid and fully enforceable according to its terms. WHEREAS, all acts, conditions and things required by law to exist, to have happened and to have been performed precedent to and in connection with the execution and entering into this AGREEMENT do exist, have happened and have been performed in due time, form and manner as required by law, and the parties hereto are duly authorized to execute and enter into this AGREEMENT. NOW, THEREFORE, in consideration of the promises, covenants, agreements, and understandings set forth herein, the parties agree as follows =_i ARTICLE 3❑ GENERAL TERMS-i Definitions and Exhibits. The following terms when used in this AGREEMENT shall be defined as follows--, 3.1 "Agreement" means this Commercial Cannabis Agreement. 3.2 "Application" means the CITY's Commercial Cannabis Permit Application submitted by LICENSEE in furtherance of this AGREEMENT, upon which the CITY has relied upon in executing same, a copy of which is attached hereto as Attachment No. 3. 3.3 "BPMC" means Baldwin Park Municipal Code. 3.4 "California Cannabis Laws" means MAUCRSA, and the regulations adopted and promulgated by the State Licensing Authorities pursuant to "MAUCRSA", as such laws and regulations may be amended from time to time. 3.5 "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or notC the seeds thereof: the resin, whether crude or purified, extracted from any part of the plant C-1and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the California Health & Safety Code. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this agreement, "cannabis" does not mean industrial hemp as that term is defined by Section 81000 of the California Food & Agricultural Code or Section 11018.5 of the California Health & Safety Code. 3.6 "Cannabis Product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. 3.7 "Certificate of Occupancy" (COO) means a document issued by the CITY stating that the Property is suitable for use and occupancy for Commercial Cannabis Activity, as defined by • i- ' compliant with the building ••' and safety standards imposed by the CITY, and that the State has issued a commercial cannabis license t* the LICENSEE to operate on the P: • •' 3.8 "CITY' means the CITY of Baldwin Park, a California municipal corporation. 3.9 "Commercial Cannabis Activity" has the same meaning as that term is defined under MAUCRSA and includes any legal use under MAUCRSA and the BPMC, including without limitation, cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and Cannabis Products as regulated under Chapter 5.18 of the BPMC. 3.10 "Commercial Cannabis Business License" or "License" means a regulatory license issued by the CITY pursuant to Chapter 127, et al., of the BPMC to a commercial cannabis business and is required before any Commercial Cannabis Activity may be conducted in the CITY and has the same meaning as that term is defined by the California Business and Professions Code 26001(k). 3.11 "Community Benefits" has the meaning set forth in Article 5, of this AGREEMENT. 3.12 "Community Benefit Fees" means any and all fees or monetary contributions required to be paid by Licensee, or which Licensee has committed to pay, pursuant to Article 5 of this AGREEMENT. 3.13 "Days" mean calendar days unless otherwise specified. 3.14 "Dedicate" means to offer the subject land for dedication and to post sufficient bonds or other security, if necessary, for the improvements to be constructed including, but not limited to ]grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping. 3.15 "Effective Date" means the day this AGREEMENT is approved and adopted by the City Council of the CITY and signed by the Mayor of the CITY, or his designee. 3.16 "Existing Project Approvals" if applicable, means all Project Approvals granted or issued prior to or on the Effective Date. Existing Project Approvals include the approvals set forth in Section 3.27 and all other approvals which are a matter of public record prior to or on the Effective Date. 3.17 "Existing Land Use Regulations" if and where applicable, means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. 3.18 "Landlord Consent" if applicable, means that the fee simple absolute owner ("Property Owner") has granted the LICENSEE with written authorization to use the Property for commercial cannabis operations. The Property Owner shall execute a separate Property Maintenance Agreement confirming it understands it obligations to lease to a commercial cannabis operator in the CITY. 3.19 "Land Use Regulations" if and where applicable, means all ordinances, resolutions, codes, policies and procedures, adopted by the CITY governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.20 "Licensee" has the meaning set forth in the preamble of this AGREEMENT, above. A person who has been issued a commercial cannabis business permit by the CITY, under this chapter for a licensed premise. 3.21 "Licensee's Application" means the application submitted by Licensee to conduct a Commercial Cannabis Business at the Property. 3.22 Major Amendment" means an amendment that shall have material effect on the terms of this AGREEMENT, which shall require approval by the City Council pursuant to California law. 3.23. "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act, codified as Business and Professions Code Section 26000 et seq., as may be amended from time to time. 3.24 "Medicinal" with regard to cannabis or cannabis products means cannabis or Cannabis Products, respectively, intended to be sold or used for medicinal purposes as set forth in MAUCRSA. 3.25. "Minor Amendment" means a clerical amendment to this AGREEMENT that shall not materially affect the terms of this AGREEMENT and is subject to approval by the Chief Executive Officer. 3.26 "Mortgagee" if applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors -in interest. 3.27 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse they CITY's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the CITY. 3.28 "Project" means the development of the Property contemplated by this AGREEMENT, as such Project may be further defined, enhanced, or modified pursuant to the provisions of this AGREEMENT. The Project shall consist of this AGREEMENT, the Application, any and all entitlements, licenses, and permits related to the Project. 3.29 "Project Approvals" if applicable, means all other entitlements for the development of the Property in furtherance of the Project, including any and all conditions of approval, subject to approval or issuance by the CITY in connection with Project. "Project Approvals" also include both the Existing Project Approvals and the Subsequent Project Approvals approved or issued by the CITY that are consistent with this AGREEMENT. 3.30 "Project Development" if applicable, includes grading, construction or installation of public and private facilities and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof provided, however, that such maintenance, repair, or reconstruction take place within the Term of this AGREEMENT on the Property. 3.31 "Project Plan" if applicable, means the Project Approvals and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Project Approvals. 3.32 "Property" means the real property commonly known as and identified in Attachment No. 1, herein (common address, APN, and legal description of the Property), which is incorporated by this reference. LICENSEE may modify the location or locations, change locations, or add locations to the Property subject to approval by the City Council of the CITY approval and all applicable zoning and distance requirements. 3.33 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objective of the AGREEMENT. 3.34 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to LICENSEE under this AGREEMENT and reserved to the CITY as described in Section 4.4, herein. 3.35 "Space or Canopy Space" means any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering, curing and/or harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any cannabis, no matter where such storage may take place or such storage space may be located. 3.36 "State" means, collectively, the State of California and the Department of Cannabis Control of the State. 3.37 "Subsequent Project Approvals" if applicable, means all future discretionary approvals and all ministerial Project Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Project Approvals include, but are not limited to, all excavation, grading, building, construction, demolition, encroachment, or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient, or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as LICENSEE may choose consistent with the Project and this AGREEMENT. 3.38 "Subsequent Land Use Regulations" if applicable, means any Land Use Regulations defined in Section 3.19, herein, that are adopted and effective after the Effective Date of this AGREEMENT. 3.39 Binding Effect of AGREEMENT. The Property is hereby subject to terms and conditions of this AGREEMENT. Subject to LICENSEE's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this AGREEMENT, be carried out only in accordance with the terms of this AGREEMENT. 3.40 Ownership of Property -Landlord Consent. LICENSEE represents and covenants that it has a legal or equitable interest in the Property, as defined herein. In the event that LICENSEE is not the fee simple absolute owner of the Property, LICENSEE shall provide CITY with Landlord Consent. Owner shall execute the Property Owner Agreement with the CITY. 3.41 Term. The parties agree that the Term of this AGREEMENT shall be five (5) years commencing on the Effective Date subject to the written extension and early termination provisions described in this AGREEMENT. Upon termination of this AGREEMENT, this AGREEMENT shall be deemed terminated and of no further force and effect, except terms that are expressly stated in this AGREEMENT to survive termination without the need of further documentation from the parties hereto. The LICENSE will expire at the close of the 5th year and will require the LICENSEE to reapply with the CITY for a new LICENSE pursuant to the renewal provisions set forth below- 3.41.1 AGREEMENT Renewal. The Chief Executive Officer (CEO) shall determine whether to renew the AGREEMENT for an additional five (5) years. The CEO shall use the CCA Checklist, attached hereto and incorporated by reference, to determine renewal of the AGREEMENT. If the CEO determines to renew, the AGREEMENT shall be forwarded to the City Council for formal approval as a consent calendar item. 3.41.2. Non -Renewal of AGREEMENT/Cure Period. If the CEO determines not to renew the AGREEMENT -]he/she shall provide the LICENSEE with ability to remedy and/or cure the deficiencies set forth in the CCA Checklist, attached hereto, to be cured within sixty (60) days from date of written notice of Non -Renewal from the CEO to the LICENSEE. If the LICENSEE does not cure within the sixty (60) day period, the AGREEMENT shall not be renewed. 3.41.3. Appeal to the City Council. The LICENSEE shall appeal any Non -Renewal of AGREEMENT of the CEO to the City Council, within sixty (60) days from written notice of Non - Renewal. The decision of the City Council re Non -Renewal of AGREEMENT shall be final and binding. 3.42 Extension of Term. This AGREEMENT may only be extended by mutual agreement of CITY and LICENSEE in writing, following approval by the City Council, and signed by Mayor and the LICENSEE. If the City Council does not approve such an extension, any such agreement is null and void. 3.43 Automatic Termination. This AGREEMENT shall automatically terminate upon the happening of any of the following material events (a) Abandonment and/or Surrender by LICENSEE of State and/or CITY License that abandons and/or surrenders the License to operate a commercial cannabis activity in the CITY. In the event of abandonment and/or surrender of License by LICENSEE, LICENSEE shall pay all fees due and payable to the CITY, up to date of abandonment and/or surrender. (b) Expiration of the Term of this AGREEMENT as set forth in Section 3.5, herein, unless it is Renewed, as set forth in Section 3.41.1, herein. (c) The entry of a final judgment (or a decision on any appeal therefrom) voiding the City's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the CITY is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal. (d) Failure of LICENSEE to timely pay any fees or monies due to the CITYCfailure to timely pay the Administrative Fee as set forth in Section 5.7, hereinCfailure to pay the Annual Community Benefit Fee as set forth in Section 5.3, herein. If fees are not paid on a timely basis, the CITY may, in its sole and absolute discretion, terminate this AGREEMENT without any need for a public hearing and without any opportunity to be heard by anyone. There is no opportunity to cure and no opportunity to be heard available for failure to pay fees as set forth herein. Accordingly, Article 8 "Defaults and Remedies" and Section 7.3 (Review Hearing) do not apply to LICENSEE for failure to pay fees as set forth herein, because the CITY may, in its sole and absolute discretion, terminate immediately and automatically, without due process. (e) Failure to move forward in a timely way and in good faith to obtain all necessary permits and approvals and to timely get a Certificate of Occupancy (COO) and begin operating your commercial cannabis activity in the CITY. In no event shall the COO take longer than one (1) year to acquire from the date the Mayor signs this AGREEMENT. If the COO is not acquired by LICENSEE within the one (1) as described in this section, this AGREEMENT may, in its sole and absolute discretion, automatically and immediately terminated with no further notice. Accordingly, Article 8 "Defaults and Remedies" and Section 7.3 (Review Hearing) do not apply to a failure to timely obtain all necessary permits and approvals in order to get a COO because the City may, in its sole and absolute discretion, terminate immediately and automatically for such failures. (f) Regulatory and/or Bureaucratic Delays will not trigger the automatic termination in this Section 3.43. 3.44 Effect of Automatic Termination. The Automatic Termination of this AGREEMENT (as set forth in section 3.43, above) shall constitute termination of all land use entitlements, certificates, and the business license approved for the LICENSEE and/or the Property. The CITY may, in its sole and absolute discretion, "red tag" the subject premises and LICENSEE shall be prohibited from conducting any further commercial cannabis activity in the CITY on the subject premises. Upon the termination of this AGREEMENT pursuant to Section 3.43, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this AGREEMENT, which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this AGREEMENT. 3.45. CITY shall immediately notify the State of California, Department of Commercial Cannabis Control (DCC), and any other applicable regulatory agency(ies) of any termination of this AGREEMENT. 3.46 Notices. 3.46.1 Notice Defined. As used in this AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment, or other communication required or permitted hereunder. 3.46.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given- (i) when delivered in person to the recipient named below -or three (3) days after deposit in the United States mail, postage prepaid, addressed to the recipient named below -or (ii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below -or (ii) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows: - If to the CITY.-1 Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 With copy to Office of the City Attorney 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to LICENSEEu; Green Health Industries, LLC 13460 Brooks Drive Baldwin Park, CA 91706 with copy toy Eduardo Olivo General Counsel 13191 Crossroads Parkway, North Suite 340 Industry, CA 91746 3.46.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.47 Validity of this AGREEMENT. LICENSEE and the CITY each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this AGREEMENT. The parties acknowledge and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this AGREEMENT violates federal or state law, with respect to all federal, state, and local statutes, ordinances, or regulations in effect as of the Effective Date. 3.48 Fee. Fee means the Community Benefits Fee and the Administrative Fee, set by the CITY, negotiated with LICENSEE, at arms -length, to provide CITY commensurate benefit based on a private benefit conferred upon LICENSEE. Fee shall include CITY's cost to research commercial cannabis and commercial cannabis laws and regulations, draft commercial cannabis ordinance, conduct public meetings, negotiate development agreements, process applications, and any other acts taken by the CITY in furtherance of medical and adult commercial use of cannabis. 3.49 Commercial Cannabis Banking. The CITY will not accept cash payments for any fees or costs associated with this AGREEMENT. LICENSEE shall establish a banking relationship with a bank that allows for payments to the CITY via company check, cashier's check, or money order. Alternatively, LICENSEE, may wire funds and/or ACH directly to the CITY. 3.50 Documents Attached. The following documents are attached to and, by this reference, are made part of this AGREEMENTC No. 1 — Legal Description of the Property and/or Properties. No. 2 — Map showing Property and its or their location(s). No. 3 — CITY Cannabis Permit Application Form (no attachments required). No. 4 — Landlord Consent, see separate Property Owner Agreement. No. 5 — Personal Guaranty or Performance Bond, as appropriate. No. 6 -- Project Plan. No. 7 —Three years revenue projections from date of execution of AGREEMENT. No. 8 — Community Benefit Plan. No. 9 — California State License Type (Cultivation -adult, small -indoor, and/or Cultivation - adult use, medium -indoor, and/or Manufacturing -Type 6 (Non -Volatile Solvent Extraction) and/or Type 7 (Volatile Solvent Extraction). ARTICLE 4'; 1 COMMERCIAL CANNABIS PROJECT'; 1 4.1 Right to Develop. LICENSEE shall, subject to the terms of this AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Application. The Property shall remain subject to all Subsequent Project Approvals required to complete the Project as contemplated by the Application. 4.2 Effect of AGREEMENT on Land Use Regulations. Except as otherwise provided by this AGREEMENT, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Application. Provided, however, that in approving tentative subdivision maps, the CITY may impose ordinary and necessary dedications for rights -of -way or easements for public access, utilities, water, sewers, and drainage, having a nexus with the particular subdivisions -provided, further, that the CITY may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of LICENSEE's obligations thereunder. 4.3 Changes to Project. The parties acknowledge that changes to the Project may be appropriate and mutually desirable. The CITY shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as otherwise provided by this AGREEMENT. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Project Approval. 4.4 Reservations of Authority. Any other provision of this AGREEMENT to the contrary notwithstanding, the Project shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics❑ (i) Processing Fees imposed by the CITY to cover the estimated or actual costs to the CITY of processing applications for the Project or for monitoring compliance with any requirements for approval, granted or issued, which fees are charged to reimburse the CITY's lawful expenses attributable to such applications, processing, permitting, review, and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection, or entitlement are granted or conducted by the CITY. (ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the CITY. (iv) Regulations which may be in conflict with the Development Plan, but which are reasonably necessary to protect the public health and safety) 'provided, however, the following shall apply - (a) That to the extent possible, such regulations shall be applied and construed so as to provide LICENSEE with the rights and assurances provided in this AGREEMENT. (b) That such regulations apply uniformly to all new development projects of the same uses within the CITY. (v) Regulations that do not conflict with the Project. The term "do not conflict" means new rules, regulations, and policies which:—Aa) do not modify the Project, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of the Project, the maximum height and size of proposed buildings on the Property, provisions for dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this AGREEMENT, and standards for design, development and construction of the ProjectF (b) do not prevent LICENSEE from obtaining any Subsequent Project Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as LICENSEE would otherwise be entitled by the ProjectE or (c) do not prevent LICENSEE from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as LICENSEE would otherwise be entitled to do so by the Development Plan. (vi) The CITY shall not be prohibited from applying Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the CITY be prohibited from denying or conditionally approving any Subsequent Project Applications on the basis of such Subsequent Land Use Regulations. 4.5 Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the CITY possess authority to regulate aspects of the Project, separately from or jointly with the CITY, including, but not limited to the Los Angeles County Health Department, the Los Angeles County Fire Department, and the STATE. This AGREEMENT does not limit the authority of such other public agencies. The CITY shall reasonably cooperate with such other public agencies processing Project Approvals. 4.6 Tentative Subdivision Map and Proiect Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of five (5) years and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code : F: 66410 et seq.), and any AGREEMENT Renewal, as set forth herein. All Project Approvals shall not expire if LICENSEE commences Substantial Construction of the Project within one (1) year from the Effective Date of this AGREEMENT. "Substantial Construction" means the issuance of a building permit in furtherance of the Project. 4.7 Satisfaction of Conditions of Approval. LICENSEE shall comply with any and all conditions of approval for any entitlement, permit, or license it receives from the CITY. 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, LICENSEE shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this AGREEMENT. 4.9 CITY Records Inspection. LICENSEE acknowledges and agrees that the CITY is empowered to examine LICENSEE's books and records. The CITY has the power and authority to examine such books and records at any reasonable time, with seventy-two (72) hours written notice, including but not limited to, during normal business hoursCprovided however, that should the CITY elect to examine LICENSEE's books and records more than one (1) time per calendar year, LICENSEE shall only bear the costs of such review in the initial instance, and the costs of any subsequent examination(s) shall be borne solely by the CITY. CITY shall keep all books and records strictly confidential. If the CITY wishes to inspect the areas of the Property where the commercial cannabis is being cultivated and/or manufactured, CITY may do so at any time with no prior notice to LICENSEE. In addition, CITY agrees that all of its employees or agents which enter the cultivation and/or manufacturing facility shall follow all of the policies and guidelines imposed on LICENSEE's employees, including without limitation, the wearing of any clothing or equipment to ensure that no pests or impurities shall enter the cultivation and/or manufacturing areas. 4.10 Commencement of Proiect by LICENSEE. Within six (6) months after the execution of this AGREEMENT, LICENSEE shall commence the submittal of applications for and use entitlements, permits, etc. If LICENSEE fails to apply to CITY for entitlements, permits, etc., within six (6) months from the execution of the AGREEMENT, CITY shall have the right to Termination of the AGREEMENT, and may avail itself of any other remedies, as set forth herein. The CITY, it its sole and absolute discretion, may grant extensions to the LICENSEE to comply with this subsection, provided the LICENSEE demonstrates a good faith attempt to seek entitlements, permits, etc. 4.11 Audit. LICENSEE acknowledges and agrees that the CITY is empowered to audit LICENSEE's books and records, with written notice of seventy-two (72) hours. ARTICLE 5❑ COMMUNIT❑ BENEFITSC 5.1 Intent. The parties acknowledge and agree that the Project will result in substantial public needs and further acknowledge and agree that this AGREEMENT confers substantial private benefits on LICENSEE, which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the community to balance the private benefits conferred on LICENSEE by providing more fully for the satisfaction of the public needs resulting from the Project. The Parties further acknowledge and agree that the LICENSE confers substantial private benefits on the LICENSEE that will impose burdens on the CITY's infrastructure, maintenance, repair, safety, services, traffic, noise, pollution, etc., and that the private benefits provided to the LICENSEE should be balanced with commensurate public benefits for the community ("Community Benefits"). 5.2 Community Benefits. LICENSEE agrees to provide Community Benefits as set forth in the Community Benefits Plan submit by LICENSEE with the Application. All commitments made by LICENSEE in the Application, inclusive of the Community Benefits Plan are incorporated into this AGREEMENT as if fully set forth in this AGREEMENT Attachment 8. The LICENSEE agrees that the Community Benefits Fee, which has been set by the City Council, is deemed fair and reasonable, and that full payment of such fees is required by LICENSEE under this AGREEMENT. 5.3 Annual Community Benefits Fee. LICENSEE agrees to pay the CITY an annual Community Benefits Fee in the amount of two -hundred fifty thousand dollars ($250,000.00), based upon 16,255 square feet of the "Premises" as defined in California Code of Regulations Section 15006. 5.4 Community Benefits Fee Schedule. LICENSEE shall commence payment of the Annual Community Benefits Fee to the CITY six (6) months after issuance of the Certificate of Occupancy from the CITY (COO). 5.5 Non -Payment Penalty. Failure to pay the Annual Community Benefits Fee, in lump sum, or in quarterly installments, as agreed upon, within thirty (30) days after the due date, shall result in a penalty for nonpayment in a sum equal to five percent (5E] ) of the total amount due and shall be referred to a City -selected independent collection agency, which shall subject LICENSEE to an additional nineteen percent (19(1 ) collection fee. 5.6 Reassessment of Community Benefits Fee. The Community Benefits Fee is subject to reassessment by the CITY every five (5) years, after execution of the AGREEMENT. If this AGREEMENT is renewed, at the end of year five (5), the CITY will set a new Community Benefits Fee which will be applied in years 6 through 10. At the end of year 10, if this AGREEMENT is renewed, the CITY will set new Community Benefits Fee which will be applied in years 11 through 15. No one factor is dispositive in the CITY's determination of reassessment of the Community Benefits Fee. 5.7 Administrative Fee Deposit. This Licensee paid all regulatory fees in its initial application --Section 5.7 does not apply to this Licensee. The Administrative Fee is a regulatory fee that LICENSEE shall be responsible for to compensate the CITY for all of the CITY's actual costs associated with processing, issuance, and compliance of the Project Approvals including, but not limited to, staff review of Project entitlements, including all environmental clearance documents, permits, licenses, and all documents evidencing compliance with state and local law, and Consultant and City Attorney Fees. As such, upon submittal of the application to the CITY for Project entitlements, LICENSEE must deposit of ❑'_dollars ($E) with the CITY for the purpose of reimbursing the CITY for all actual costs associated with the Project, as detailed above, and reimbursing the CITY for its actual costs incurred in processing future Project approvals and/or applications, and compliance by the State or the CITY. CITY and LICENSEE acknowledge and agree that this payment is only a deposit and LICENSEE will be requested to deposit additional funds, as needed, in increments of '`❑ dollars ($-)Ethis is not a cap on the amount of the CITY's actual costs incurred in processing this AGREEMENT. LICENSEE who has already processed its application is not subject to an additional Administrative Fee Deposit, provided there is no expansion or other alteration to the business that requires staff time. 5.8 Possible Tax on Gross Receipts. In the event that an initiative is adopted by the voters of the CITY to impose a tax based on gross receipts or any other method of taxation, on LICENSEE to conduct commercial cannabis activity in the CITY, LICENSEE shall only be responsible for payment of the Community Benefit Fee or a tax, but not both. 5.9 Project Plan. LICENSEE shall provide a detailed Project Plan if LICENSEE has not already submitted a Project Plan in its Business Plan as part of its CITY Cannabis Permit Application Form. 5.10 Financial Projections. Three (3) years of Financial Projections will be provided with the AGREEMENT. Thereafter annual Financial Projections will be provided on the anniversary of the execution of this Agreement. 5.11 obs and Wage Creation. 5.11.1. Local Hiring. LICENSEE agrees to use its reasonable, good faith, efforts to hire qualified CITY residents for jobs at the Project. LICENSEE shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the CITY or who employ a significant number of CITY residents. The LICENSEE shall comply with the living wage requirement for all employees at the commercial cannabis facility. Unions shall be allowed, and LICENSEE shall not discriminate against such union activity. 5.11.2. Wage Creation. LICENSEE shall make good faith efforts to employ at least forty percent (40%) of the Project's workforce consisting of CITY residents. Such reasonable, good faith efforts shall include without limitation, job announcements shall be posted at City Hall, along with proof that the job announcements were advertised in at least two (2) newspapers published, printed, or distributed in the CITY and, is applicable, on various social media sites accessible to the general public. In addition, LICENSEE shall make a good faith effort to advertise job announcements at local job fairs and/or on local radio, and another medium to advertise job announcements to the broadest audience possible. 5.11.3 Status Reports. LICENSEE shall provide the CITY with written annual status reports to monitor compliance with this Section 5.10. Status Report Form to be provided by CITY. 5.12 Personal Guaranty. LICENSEE shall execute a Personal Guaranty and/or secure a Performance Bond in favor of the CITY to secure the payment of all Fees associated with this AGREEMENT including, but not limited to, the Community Benefit Fee in the amount of two hundred seventy-five thousand dollars ($275,000.00), which is due and payable within six (6) after issuance of the COO by the CITY. ARTICLE 6❑ DISTRIBUTION, SELF -DISTRIBUTION, AND TRANSPORTATION 6.1 Transportation of Commercial Cannabis. Transfers of commercial cannabis goods into and out of the CITY may be completed by a duly licensed commercial cannabis distributor in compliance with MAUCRSA and the BPMC. 6.2 Distribution of Commercial Cannabis. LICENSEE shall distribute its commercial cannabis and commercial Cannabis Products through any duly licensed commercial cannabis distributor in compliance with MAUCRSA. 6.3 Agreement with Distributor(s). LICENSEE and any distributors shall reach their own agreement regarding fees for the distributor's services, if applicable. 6.4 Self -Distribution. LICENSEE may engage in "Self -Distribution" of Cannabis Products that are cultivated or manufactured on the Property for a period of five (5) years, provided LICENSEE pays an annual fee of ten thousand dollars ($10,000.00) to the CITY in annual installments of two thousand dollars ($2,000.00), for five (5) years, or one ten thousand dollars ($10,000.00) lump sum payment. LICENSEE shall also maintain current a distributor transport permit from the State of California and comply with MAUCRSA. A distributor transport only self -distribution licensee is not permitted to transport cannabis goods cultivated or manufactured by other licensees. ARTICLE 71-REVIEW FOR COMPLIANCE 7.1 Periodic Review. The CITY Council shall have the option, in its sole and absolute discretion, to direct the Chief Executive Officer to review this AGREEMENT every six (6) months, on or before each anniversary of the Effective Date, in order to ascertain LICENSEE's good faith compliance with this AGREEMENT. During the Periodic Review, LICENSEE shall be required to demonstrate good faith compliance with all the terms and conditions of the AGREEMENT including good faith towards getting a Certificate of Occupancy. 7.2 Special Review. The CITY Council, in its sole and absolute discretion, may order a special review of compliance with this AGREEMENT by the Chief Executive Officer, at any time, if the Chief Executive Officer is informed and believes that LICENSEE is in default of any terms and conditions of the AGREEMENT. The CITY may also inspect any Property of the LICENSEE associated with the Project, at any reasonable time without notice. The failure by LICENSEE to allow entry into the Property or Properties, at any time, shall be deemed a breach of this AGREEMENT and may result in the termination of this AGREEMENT, as originally agreed, or as modified. 7.3 Review Hearing. At the time and place set for the review hearing, before the Chief Executive Officer, LICENSEE shall be given an opportunity to be heard. If the Chief Executive Officer finds, based upon substantial evidence, that LICENSEE has not complied in good faith with the terms or conditions of this AGREEMENT, the Chief Executive Officer mays (a) recommend to the City Council, to terminate this AGREEMENT notwithstanding any other provision of this AGREEMENT to the contrary, or (b) modify this AGREEMENT and impose such conditions as are reasonably necessary to protect the best interests of the CITY, with any Minor Amendment to this AGREEMENT approved by the Chief Executive Officer, and any Major Amendment approved by the City Council. After the Review Hearing, the decision of the Chief Executive Officer shall be appealable to the City Council of the CITY'any City Council decision shall be final, subject only to judicial review. 7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review following a LICENSEE's default, the Chief Executive Officer determines that LICENSEE is in compliance with this AGREEMENT, the CITY shall issue a Certificate of Agreement Compliance ("Certificate") to LICENSEE stating that after the most recent Periodic Review or Special Review and based upon the information known or made known to the Chief Executive Officer, that (a) this AGREEMENT is reinstated in full force and effect and (b) LICENSEE is not in default. The CITY shall not be bound by a Certificate if a default existed at the time of the Periodic Review or the Special Review, but was not disclosed, concealed, or otherwise not known to the City Council of the CITY, regardless of whether the Certificate is relied upon by assignees or other transferees or LICENSEE. 7.5 Failure to Conduct Review. The CITY's delay or failure to conduct a Periodic Review or a Special Review of this AGREEMENT shall not constitute a breach of this AGREEMENT. 7.6 Cost of Review. The costs incurred by CITY in connection with the Periodic Reviews or Special Review shall be borne by the CITY. The LICENSEE is not liable for any costs associated with any CITY Periodic Review or Special Review of this AGREEMENT. ARTICLE 81,i EVENTS OF DEFAULTC- 8.1 Material Breach of this AGREEMENT. Any of the following events shall be deemed an Event of Default and a material breach of this AGREEMENT[ i 8.1.1 Final ❑udgment. The entry of a final judgment (or a decision on any appeal therefrom) voiding the CITY's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the CITY is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal. 8.1.2 Payment of Fees. Failure to timely pay any fees to the CITY, as determined by the CITY in its sole and absolute discretion. 8.1.3 Land use entitlements, permits. Failure to apply for land use entitlements, permits, with the CITY and the State of California, Department of Cannabis Control, within six (6) months after execution of this AGREEMENT. The CITY will grant extensions upon written request and proof of progress in seeking entitlements, permits, etc. 8.1.4 Certificate of Occupancy. Failure to move forward in good faith to obtain a Certificate of Occupancy (COO). 8.1.5 Cure Period. In the event of any material breach of this AGREEMENT, the CITY shall mail a notice to LICENSEE, offering an opportunity to cure the breach, within sixty (60) days. Proof of the cure of the event MUST be presented within the sixty (60) days to CITY[ -,provided however, that if such material breach is capable of being cured but is of such a nature that it cannot be cured within said time period, then the CITY shall not be entitled to terminate this AGREEMENT so long as LICENSEE is working diligently and in good faith to cure such breach, as determined by CITY, in its sole and absolute discretion. Failure to cure a material breach within the terms set forth herein, shall be grounds for Termination as set herein. LICENSEE shall only be entitled to ten (10) day cure period for Automatic Termination as set forth in Section 3.43 (a), herein. ARTICLE 90 REMEDIES❑ 9.1 Remedies in General. It is acknowledged by the parties that the CITY would not have entered into this AGREEMENT if it were to be liable in damages with respect to this AGREEMENT or the Application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure, or delay by either party to perform any term or provision of this AGREEMENT shall constitute a default. 9.2 Event of Default. In the event of alleged default or breach of any terms or conditions of this AGREEMENT, the party alleging such default or breach shall give the other party thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such sixty (60) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings except for the events detailed in section 3.43, above, wherein a ten (10) day notice to cure is required. 9.3 Legal or Equitable[ Monetary Damages. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this AGREEMENT through any state court, except that the CITY shall not be liable in monetary damages, unless expressly provided for in this AGREEMENT, to LICENSEE, to any mortgagee or lender, or to any successors in interest of LICENSEE if successors in interest are permitted under this AGREEMENT or mortgagee or lender, or to any other person, and LICENSEE covenants on behalf of itself and all successors in interest, if successors in interest are permitted under this AGREEMENT, to the Property or any portion thereof, not to sue for damages or claim any damages❑ (i) For any breach of this AGREEMENT or for any cause of action which arises out of this AGREEMENTCor (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this AGREEMENT, including, without limitation, any impairment or restriction which LICENSEE characterizes as a regulatory taking or inverse condemnation; -or (iii) Arising out of or connected with any dispute, controversy or issue regarding the Application or request for a permit for cultivation and/or manufacturing or interpretation or effect of the provisions of this AGREEMENT. 9.4 Waiver/Release of Claims. LICENSEE hereby agrees to waive and/or release the CITY for any claim or claims or cause of action, not specifically and expressly reserved herein, which LICENSEE may have at the time of execution of this AGREEMENT relating to any Application to the CITY including, but not limited to, any Application for any type of cultivation or manufacturing permit, any Application for any cultivation or manufacturing rights, or any Application for any cultivation or manufacturing license from the CITY. CALIFORNIA CIVIL CODE SECTION 1542 LICENSEE expressly acknowledges that this AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at the time of execution hereof, that this AGREEMENT contemplates the extinguishment of any such Claim or Claims. The LICENSEE specifically acknowledges and waives and releases the rights granted to LICENSEE under California Civil Code Section 1542, which states as followsC l A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor. By expressly waiving the rights granted to LICENSEE under California Civil Code Section 1542, the LICENSEE represents that they understand and acknowledge that if they have suffered any injury, damage as a result of the Application for or request for any permit from the CITY and (i) they are not presently aware of any damage or injury, or (ii) any damage or injury has not yet manifested itself, any claims for any such damage or injury are forever released and discharged. 9.5 Reservation of Rights — CITY. Nothing herein shall modify or abridge any defenses or immunities available to the CITY and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. 9.6 Reservation of Rights — LICENSEE. Nothing contained herein shall modify or abridge LICENSEE's rights or remedies (including its rights for damages, if any) resulting from the exercise by the CITY of its power of eminent domain. Nothing contained herein shall modify or abridge LICENSEE's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the CITY and its officials, officers, agents, and employees. 9.7 Limitation of Rights. Except as set forth in the preceding paragraph relating to eminent domain, LICENSEE's remedies shall be limited to those set forth in this Section 9.1, Section 9.2, and Section 9.3. 9.8 Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non -monetary relief are particularly appropriate remedies for the enforcement of this AGREEMENT and should be available to all parties for the following reasonsC (i) Except as provided in Section 9.1, money damages are unavailable against the CITY as provided in Section 9.1 above. (ii) Due to the size, nature, and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this AGREEMENT has begun. After such implementation, LICENSEE may be foreclosed from other choices it may have had to use the Property or portions thereof. LICENSEE has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate LICENSEE for such effortsCthe parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. 9.9 Termination of Agreement for Default of the CITY. LICENSEE may terminate this AGREEMENT only in the event of a default by the CITY in the performance of a material term of this AGREEMENT and only after providing written notice to the CITY of default setting forth the nature of the default and the actions, if any, required by the CITY to cure such default and, where the default can be cured, the CITY has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. 9.10 Attorneys' Fees and Costs. In any action or proceeding between the CITY and LICENSEE brought to interpret or enforce this AGREEMENT, or which in any way arises out of the existence of this AGREEMENT, or is based upon any term or provision contained herein, the "prevailing party" in such action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this AGREEMENT, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 8.10 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding. 9.11 LICENSEE Default. No building permit shall be issued or building permit application accepted for any structure on the Property after LICENSEE is determined by the CITY to be in default of the terms and conditions of this AGREEMENT until such default thereafter is cured by LICENSEE or is waived by the CITY. If the CITY terminates this AGREEMENT because of LICENSEE'S default, then the CITY shall retain any and all benefits, including fees received by the CITY hereunder. 9.12. Termination by CITY. Upon default by LICENSEE, the CITY may, in its sole discretion, terminate this AGREEMENT and may, in its sole discretion and following a Review Hearing pursuant to Section 7.3 and the applicable appeal referenced therein, report said termination to the Department of Cannabis Control of the State of California (DCC). ARTICLE 10❑ THIRD PART❑ LITIGATION❑ 10.1 General Plan Litigation. The CITY has determined that this AGREEMENT is consistent with its General Plan. LICENSEE has reviewed the General Plan and concurs with the CITY's determination. The CITY shall have no liability under this AGREEMENT, or otherwise, for any failure of the CITY to perform under this AGREEMENT, or for the inability of LICENSEE to develop the Property as contemplated by the Project Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid, inadequate, not in compliance with law, or that this AGREEMENT or any of the CITY's actions in adopting it, were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that the AGREEMENT or any Project Approval is unenforceable based upon federal, state, or local statutes, ordinances, or regulations in effect on the Effective Date. 10.2 Hold Harmless Agreement. LICENSEE hereby agrees to, and shall hold CITY, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from LICENSEE or LICENSEE's contractors, subcontractors, agents, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, agents, or employees operations under this AGREEMENT, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for LICENSEE or any of LICENSEE's contractors or subcontractors. LICENSEE agrees to and shall defend CITY and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. 10.3 Indemnification. LICENSEE shall defend, indemnify and hold harmless the CITY and defend its officers, agents, and employees, against and from any and all liabilities, demands, lawsuits, claims, government claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which the CITY, its officers, agents, and employees, may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following 1(i) this AGREEMENT and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property-(ii) if applicable, the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property -and (iii) the proceedings or procedure undertaken in connection with the adoption or approval of any permit or any of the above. In the event of any legal or equitable action or other proceeding instituted by anyone against the CITY, its officers, agents, and employees, and any third party (including a governmental entity or official) challenging the validity of any provision of this AGREEMENT or procedure upon which the permit was issued, or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the CITY, at is sole option, may tender to LICENSEE, and LICENSEE agrees to accept any such tender of the complete defense, of any third -party challenge as described herein. In the event the CITY elects to contract with special counsel to provide for such a defense, the CITY may do so in its sole discretion and LICENSEE will be required to pay the defense costs of the CITY as the costs are incurred. LICENSEE agrees to pay any and all attorney's fees or retainer regarding the selection of special counsel, and LICENSEE shall pay all costs and all attorneys' fees related to retention of such special counsel. 10.4 Environmental Contamination. LICENSEE shall indemnify and hold the CITY, its officers, agents, and employees, free and harmless from any liability, based or asserted, upon any act or omission of the LICENSEE, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of CITY as successor to any portions of the Property dedicated or transferred to CITY by LICENSEE, for any violation of any federal, state, or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and LICENSEE shall defend, at its expense, including attorneys' fees, the CITY, its officers, agents, and employees, in any action based or asserted upon any such alleged act or omission. The CITY may in its discretion participate in the defense of any such claim, action or proceeding. The provisions of this Section 9.4 do not apply to environmental conditions that predate the LICENSEE's ownership or control of the Property or applicable portion, which shall be determined exclusively by the CITY. However, the foregoing limitation shall not operate to bar, limit, or modify any of LICENSEE's statutory or equitable obligations as either a LICENSEE or seller of the Property. 10.5 CITY Selection of Counsel. With respect to Sections 10.1 through 10.4, the CITY reserves the right to select its own special counsel or otherwise engages special counsel to defend the CITY hereunder, which fees shall be paid by LICENSEE. 10.6 Acceptance of Reasonably Good Faith Settlement. With respect to this Article 10, the CITY shall not reject any reasonably good faith settlement. Before accepting any such settlement offer, CITY shall notify LICENSEE of the offer and provide LICENSEE with a copy of the settlement offer. If LICENSEE disagrees with the CITY's intention to accept the offer, prior to the CITY's response to any offer, the parties shall meet and confer, in good faith, in order to attempt to resolve the parties' differences. If the CITY does reject a reasonable, good faith settlement that is acceptable to LICENSEE, LICENSEE may enter into a settlement of the action, as it relates to LICENSEE, and the CITY shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 9.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. LICENSEE and the CITY expressly agree that this Section 9.6 does not apply to any settlement that requires an exercise of the CITY's police powers, limits the CITY's exercise of its police powers, or affects the conduct of the CITY's municipal operations. 10.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with LICENSEE's development, operation, and use of the Property (collectively, "Actions"). The CITY shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this agreement absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice." If any Action is brought by either the Federal or State Government, CITY shall immediately notify LICENSEE of the nature of the Claim including all correspondence or documents submitted to the CITY. Prior to responding to the Governmental Notice, CITY shall provide LICENSEE ten (10) days from the date of such notice subpoena or the like to serve and obtain on the CITY a protective order, or the like, from a court of competent jurisdiction. 10.8 Survival. The provisions of Sections 10.1 through 10.7 inclusive, shall survive the termination or expiration of this AGREEMENT, until such time as the uses of the Property established in the Development Plan are permanently terminated. ARTICLE 11 F THIRD PARTEi LENDERS, ASSIGNMENTE SALEC 11.1 Encumbrances. The parties hereto agree that this AGREEMENT shall not prevent or limit LICENSEE, in any manner, at LICENSEE's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. 11.2 Lender Requested Modification/Interpretation. The CITY acknowledges that the lenders providing such financing may request certain interpretations and modifications of this AGREEMENT and agrees upon request, from time to time, to meet with LICENSEE and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The CITY will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit CITY's rights under this AGREEMENT. 11.3 Non -Transferable Without CITY Approval. LICENSEE shall not sell or transfer it right, title, and interest in this AGREEMENT and any permits, licenses, entitlements, and related benefits cannot be sold or transferred without prior written approval by the City Council of the CITY. No new LICENSEEs shall be permitted without prior written approval by the CITY. ARTICLE 1271 MISCELLANEOUS PROVISIONS❑ 12.1 Amendment of Agreement. This Agreement shall be amended only by mutual consent of the Parties. All amendments shall be in writing and executed by both Parties. The City Council hereby expressly authorizes the Chief Executive Officer to approve a Minor Amendment to this Agreement. A Major Amendment to this Agreement shall be approved by the City Council. The Chief Executive Officer shall, on behalf of CITY, have sole discretion to determine if an amendment constitutes a Minor Amendment or a Major Amendment. Nothing in this Agreement shall be construed as requiring a noticed public hearing, unless required by law. 12.2 Entire Agreement. This AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly contained herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this AGREEMENT, provided, however, CITY shall rely on statements made by LICENSEE's agents, officers, or employees, at the public hearings leading to the CITY's approval of the project, or on written documents submitted by LICENSEE's agents, officers, or employees, that are a part of the public record. 12.3 Severability. If any term, provision, covenant, or condition of this AGREEMENT shall be determined invalid, void, or unenforceable, by a court of competent jurisdiction, the remainder of this AGREEMENT shall not be affected thereby and shall remain in full force and effect to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this AGREEMENT. The foregoing notwithstanding, the provision of the Community Benefits set forth in Article 5, herein, including the payment of the fees set forth therein, are essential elements of this AGREEMENT and the CITY would not have entered into this AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the CITY's option, this entire AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the Project rights set forth in Article 4 of this AGREEMENT are essential elements of this AGREEMENT and LICENSEE would not have entered into this AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void, or unenforceable, at LICENSEE's option, this entire AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. 12.4. Federal Law. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this Agreement on the basis that this AGREEMENT is invalid, unenforceable, or illegal under federal law. By entering into this AGREEMENT, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this AGREEMENT is not required because the AGREEMENT is invalid, unenforceable, or illegal under federal law. 12.5 Interpretation and Governing Law. Any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This AGREEMENT shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this AGREEMENT, since all parties were represented by counsel in the negotiation and preparation of this AGREEMENT, and/or were advised to consult counsel and had the opportunity to obtain counsel for the negotiation and preparation of this AGREEMENT. 12.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this AGREEMENT. 12.7 Singular and Plural❑Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of Project entity. 12.8 Time of Essence. Time is of the essence in the performance of the provisions of this AGREEMENT as to which time is an element. 12.9 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this AGREEMENT thereafter. 12.10 No Third -Party Beneficiaries. The only parties to this AGREEMENT are LICENSEE and the CITY. This AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third -party beneficiaries, and this AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 12.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 12.12 Counterparts. This AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 12.13 - urisdiction and Venue. Any action at law or in equity arising under this AGREEMENT or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this AGREEMENT shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. 1214 Promect as a Private Undertaking. It is specificallyunderstood and agreed bvand between the parties hereto that the development ofthe Project iaaprivatedeve|opment.that neither party is acting as the agent of the other in any respect hereunder, and that each party is onindependent contracting entity with respect tothe terms, covenants and conditions contained in this AGREEMENT. No partnership, joint venture or other association of any kind is formed by this AGREEMENT. The only relationship between the CITY and LICENSEE is that of government entity regulating the development of private property and the LICENSEE of such property. 1215 Further Actions and Instruments. Each ofthe parties aho|| cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this AGREEMENT and the satisfaction of the conditions of this AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this AGREEMENT to carry out the intent and to fulfill the provisions of this AGREEMENT or to evidence or consummate the transactions contemplated by this AGREEMENT. 1218 Eminent Domain. No provision Ofthis AGREEMENT shall beconstrued tOlimit Or restrict the exercise by the CITY of its power of eminent domain. 1217 Agent for Service of Process. In the event LICENSEE isnot aresident ofthe State Of California Or it is an @SSOC8ti0n' partnership Or joint venture without 8 member, partner Or joint VHDbJ[8r, resident of the State Of California, or if it is @ fOF8i0O DOrpO[8UOn, then LICENSEE shall file, upon its execution of this AGREEMENT, with the Chief Executive Officer Or his or her designee, UpOD its eXHCUtiOO of this AGREEMENT, 8 d8SigD8UOO Of 8 O8tU[@| p8rSOD residing in the State of California, giving his O[her name, [8Sid8DC8 and Project addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this AGREEMENT, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon LICENSEE. |ffor any reason service Ofsuch process upon such agent is not feasible, then in such event LICENSEE may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon LICENSEE. LICENSEE is amenable tuthe process aodescribed, submits to the jurisdiction 0fthe Court SOobtained, and waives any and all objections and protests thereto. 12.18 Authority to Execute. The person orpersons executing this AGREEMENT on behalf OfLICENSEE VV8[raOLS and represents that he/she/they have the authority to eXHCUt0 this AGREEMENT 0nbehalf nfhis/henth8ircorporation, partnership OrProject entity and warrants and represents that he/she/they has/have the authority to bind LICENSEE to the performance of its obligations hereunder. LICENSEE shall each deliver to CITY on execution of this AGREEMENT a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this AGREEMENT and naming the officers that are authorized to execute this AGREEMENT on its behalf. Each individual executing this AGREEMENT on behalf of his or her respective company or entity shall represent and warrant thGtO (i) The individual inauthorized [oexecute and deliver this AGREEMENT on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's @rtiC|8S of incorporation O[charter and by|8VvS U[applicable formation dOCuDOeDtSO8Dd (ii) This AGREEMENT iabinding onthat company orentity in accordance with its termsEand /iii\ The company 0rentity is@duly organized and legally existing company or entity in good standingEand /kA The execution and delivery ofthis AGREEMENT bvthat company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 12]9 LICENSEE agrees that the fees imposed are in fact reasonable and related to the mitigation of the negative impacts of the Project on the CITY and consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the uundiUona, n*quinernenta, policies or programs set forth in this AGREEMENT including, without limitation, any claim that the terms in this AGREEMENT constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, and/or impose an unlawful tax. 12.20 No Damages Relief Against CITY. The parties acknowledge that the CITY would not have entered into this AGREEMENT had it been exposed to damage claims from LICENSEE, its agents, officers, employees, or anyone acting on behalf of LICENSEE for any breach thereof. As such, the parties agree that in no event shall LICENSEE, or LICENSEES' agents, officers, employees, partners, 0ranyone acting 0nbehalf 0fLICENSEE be entitled to recover damages against CITY for breach Ofthis AGREEMENT. 12.21 Laws. LICENSEE agrees to comply with all applicable state, regional, and |OC2| |8vv8, r8gu|Gb0nS, polices and rules. In addition, LICENSEE further agrees kJ comply with all issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, LICENSEE agrees to comply with all 8pp|iC8b|8 prOViSiODS OfBPMC. 12.22 Compliance with Conditions of Approval.LICENSEE agrees tocomply with and fulfill all conditions Ofapproval for any and all entitlement, permits, and/or licenses iLreceives from the CITY. All conditions of approval for all 8nUUenn8ntG. permits and/or |iCenS8G are attached hereto and incorporated herein by this reference. 12.23 Consistent with State and Federal Regulations.The CITY acknowledges that this AGREEMENT shall be read consistent with any statewide or national regulation of commercial CGOO8biS that is pPO0U|Q8Led in the future, either by |egiS|@dVe @CtiOD Orvoter approval. In the event OGbOO8| or statewide regulations are promulgated which decriminalize Or legalize the adult -use of marijuana for recreational use, this AGREEMENT shall govern the conduct of the property under such future regulations. 12.24 Compliance with Applicable Laws. LICENSEE shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out its obligations under this Agreement. 12.25 Necessary Acts. Each Party shall execute and deliver such papers, documents, and instruments, and perform such acts as are necessary or appropriate, to implement the terms of the Agreement and the intent of the Parties to the Agreement. 12.26 Consultation with Counsel. The Parties have entered and executed this Agreement freely and voluntarily based on their own independent judgment, after consultation with their respective counsel, and without duress, coercion, or undue influence of any kind. 12.27 Superseding Clause. This AGREEMENT supersedes any and all other ..... _ agreements or contracts, either oral or written, between the parties with respect to the subject matter herein. -Signatures on next page I IN WITNESS WHEREOF, the parties hereto have caused this AGREEMENT to be executed as of the dates written above. CITC OF BALDWIN PARK Emmanuel ❑ Estrada, Mayor GREEN HEALTH INDUSTRIES, LLC ByC C❑C❑C❑❑❑❑�❑C❑�❑❑�❑�❑❑CCCCC❑� Name[ Henrik Avaness„ President ATTEST: ByC _C'` `❑`❑`❑C❑CC❑C❑_❑❑❑C❑C❑❑ City Clerk Approved as to Form: By C' `❑`❑`❑C❑C❑❑❑❑C❑❑❑C❑C❑❑❑❑❑ ilia Sylva, Special Counsel Commercial Cannabis Activity, City of Baldwin Park Approved as to Form❑ By❑ C' ❑C❑ ❑ ❑'❑ ❑❑❑C❑❑❑�❑C❑❑❑C❑❑ Eduardo Olivo, General Counsel, Green Health Industries, LLC No[ 11 - Legal Description of the Property and/or Properties Common Address[ 1 13460 Brooks Drive, Baldwin Park, CA 91076 Assessor's Parcel Number: 8535-024-018 No 2 — Map showing Property and its or their location(s) NoL 3 — CIT❑ Cannabis Permit Application NoL 4 — Landlord Consent, if applicable No 5 — Personal Guaranty or Performance Bond NoL 6 — Proiect Plan Noi 7 — Financial Projections No[ 8 — Community Benefits Plan The City of Baldwin Park will establish a "Community Benefit Fund" to allocate a portion of the Community Benefit Fee to support community -based programs and activities in the City. The City will adopt a policy to provide guidelines and procedures for the distribution and use of these public funds. No�9 — California State License Types Cultivation: State License Type: Adult -Small -Indoor Manufacturing: State License: Type 6-Non-Volative Solvent Extraction n E535M3 This page is part of your document - DO NOT DISCARD 11. III�IIIII��IIIIIII_ ,... Nllllllllllli I I I I it I III I I IIIII III Recorded/Filed in Official Records Recorder's Office, Los Angeles County, California 06/28/18 AT 09.46AM Pages:` 0040 FEES: 0.00 TAXES: 0.00 OTHER: 0;00 PAID;- 0.00 I�VI��IINNn�VI��V�II��AVIIV�IVIYIVIIVIVIIflI�I�IIIIAVII LEADSHEET 201806283300014 00016424228 IYNBII��IWa�lnln� SEQ: 01 D;aZ - Counter (Upfront Scan) IIMIII�INIYI�VgYnNNNIINI�IIIVaWRI I�VN�I�WnIN�lsY�1��WIUYINIINN�� THIS FORM IS NOT TO BE DUPLICATED C\ RECORDING REQUESTED BY: RECORDEDWHEN TO: MAILINGAIDDRESS ., q Ao 1 11,111, lllflll1ll111'1111Ilinllll*20180647109* SPACE ABOVE THIS LINE RESERVED FOR RECORDER'S USE 8015 rev loin 228 ORDINANCE 1424 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH GREEN HEALTH INDUSTRIES, LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 13460 BROOKS DRIVE (APN: 8535-024-018) WITHIN THE CITY OF BALDWIN PARK WHEREAS, a development agreement with the City of Baldwin Park will be required; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on April 11, 2018, to receive comments and consider recommendation to City Council of the proposed Development Agreement; and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on April 12, 2018; and WHEREAS, the City Council has reviewed the Development Agreement (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement; and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Ordinance 1424 Page 2 WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on April 18, 2018. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Baldwin Park, California, as follows: SECTION 1. In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that the proposed Development Agreement Projects (DA 18-01 through DA 18-15) will not have a significant impact of the environment and are Categorically Exempt pursuant to Article 19, Section 15301, Class 1, 'Existing Facilities'. Furthermore each of the locations is proposed within an existing building. SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153,210,860 of the City's Municipal Code relating to Development Agreements: 1. The Development Agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the cannabis cultivation/manufacturing business is located within the I, Industrial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6,0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on -going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 20% of the businesses workforce shall consist of Baldwin Park residents. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. Ordinance 1424 Page 3 3, The Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The Development Agreement is in conformance with the general area and City as a whole as it is located within the I-C, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. Pursuant to the Community Engagement Plan submitted by the Applicant, Green Health Industries plans to become an integral member of the Baldwin Park community. They strongly believe in higher education and will strive to become a valuable resource for scholarships. They desire to build a scholarship foundation to support the educational advancement of the community. Furthermore, their security plan is extremely detailed and includes a variety of camera surveillance systems and manned areas, thereby significantly reducing the potential for any negative impacts upon the general neighborhood or city as a whole, 4. The Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.6. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement (Reference Attachments #1 through #15 to the Planning Commission and City Council staff reports dated April 11 and 12, 2018) Is consistent with California Government Code Sections 65864-65869.5. SECTION 3, The City Council hereby approves and adopts the Development Agreement, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park, SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. PASSED AND APPROVED ON THE 2d day of May, 2018 , MAYOR Ordinance 1424 Page 4 ATTEST ALEANOWAVI-EA, CITY CLERK STATE OF CALIFORNIA COUNTY OF LOS ANGELES ssi, CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on April 18, 2018. Thereafter, said Ordinance No. 1424 was duly approved and adopted at a regular meeting of the City Council on May 2, 2018 by the following vote: AYES: COUNCIL MEMBERS: Garcia, Lozano, Pacheco NOES: COUNCIL MEMBERS: Baca, Rubio ABSTAIN: COUNCIL MEMBERS: None ABSENT: COUNCIL MEM DEVELOPMENT AGREEMENT BY AND 13ETWEEN THE CITY OF BALDWIN PARK AND GREEN HEALTH INDUSTRIES, LLC ARTICLE 1. PARTIES AND DATE. This Government Code Statutory Developrnent Agreement (" STATUTORY AGREEMENT") is., inte.n,ded to ieplpce Clip pra�via�l� nori-statutory Development Agreement, and Is dated A I�� 2018, for references purposes only erict is entered f to. bdtween (i) tf�e City ofsi. win _Dark '(x'liy")�, a Callfornia 1unlaloai corporatiidn, and; (i:() Green i lealth. lrid.ustries, LLC ("owner''); This STATUTORY AGREM_NT .shall b:'ecome effedtive r it 1.l1e EtFeotive _Date eflned in Section 3.1.9 below. ARTICLE 2. RECITALS, 2A WHEREAS, the City and Green Health Industries, LLC previously entered Into a non -statutory Development Agreement that was not intended to be a Government Cqde Statutory Development Agreement; and . 2.2 WHEREAS, 'thb previous municipal Development Agreement was not promulgated by or`through the �ov,i nit nt Code :end did not c ntain necessaryelements fora Stiatt�to.ry Govar7 ent-Code Development Agreement; and 2.3 WHER A;S, this now Statutory Development Agreement is pursuant to Government Code arid' is intended to be a Statutory Development Agreetent under and through Government Code Section 65864, et seq,; and 2.4 WHEREAS, the City is authorized pursuant to Government Code Section 65864 et seq, to enter Into binding statutory development agreements with perseris having legal or equitable Interests in real property for the development of such property; and 2,5 WHEREAS, Owner commenced its efforts to obtain approvals and clearances to cultivate and manufacture medical and adult use cannabis in September 2017, and at that time the City determined that 'the uses authori.zed'In tills STATUTO RY AGREEMENT were lawfully permitted and, a`u,fh6dzed to o%Ul' on Owner's P'op.erty, subject to Owner's acquisition of various entitlements, as discussed'h rai'rt; :arid 2,6 WHEREAS, Owner voluntarily enters Into this STATUTORY AGREEMENT and after exterlslva negotiations and proceedings have been taken; In accordiPlo with the rules and regUlatlons of the City, Own a;r has elected to execute this STATUTORY AGREEMENT as It provides Owner with Important economic and development benefits; and 2.7 WHEREAS, this STATUTORY AGREEMENT and the Project are consistent with the City's General Plan and zoning Code and applicable provisions of the City's applicable Zoning Map and the Baldwin Park Municipal Code as of the Agreement Date; and 8 FIE. II S, all actiaMs takenand approvais given by the City have been duly talon or pprove.d 'in accord�I vVth all applicable legal requirements for notice, public hearings, flhdlnos, votes, and other.procedural matters; and 2.9 WHEREAS, 'this STATUTORY AGREEMENT will eliminate uncertainty in planning ohd provide for the orderly development of the Project and/or Property, -nsure progressive install tion of :neoo$sary 111I r vements, and provide for public ;services ap`proprfato to the 'development of the Proect; and ,-10 W,HER)�AS, ii1 IGtpiementation of the promulgated state policy to pro►�ote ate participation in coi;preher3sive planning ,and to strengtherw the. public, plannir7g ess srtd ,to fOd0be the economic risk. ;of developn7ont, the City deems file :meet..ation:ot th.ls STAT.tJTGRYAGREEMENT to be lri the public interest and intends the adoption of this .8T`ATUTORY AGREEMENT be eo i l'deled are exercise of the pal'1ce,p.wers la regulate the. development of the !'ro:perty d:uring;tie Term of ti'is T"UTC�RY_A0115EMENT; slid 2,11 WHEREAS, this STATUTORY AGREEMENT is consistent with the public health, :safety<an,d welfare.r�; eds of the fo Ido is of the pity and the s�irroLlndir, region and $lie +City has speif{cally considered': and opprovd tl7e impact and ber�efilts of the development of i;h,e Pr o ,` y In accordance with this TAT1TORI' A.- theupbn the welfare of the region; and 212 WHEREAS, Owner intends to develop a Cannabis Manufa,otuflno and Cultivation Facility pursuant to the RoldWlm, Park Municipal Code ("BPMC") c.ha:pt(r 127 and all applicable state laws, rules, and regulations; and 2,13 WHEREAS, concurrently with execution of this STATUTORY AGREEMENT, City acknowledges that Owner has been authorized to cultivate and manufacture cannabis and cannabis related products at its facility or facilities up to 22,000 square feet, 2,14 . WHEREAS, the City entered into a Development Agreement with Rukli, Inc, to be the exclusive- distributor of cannabis and cannabis related products In the City of Baldwin Park The City is entering into development agreements with owners for perrrifts for cultive",tion grid lnonufacturing of cannabis and cannabis related products°in the City :of B,aldW l . rk The City, prohibits the sale of cannabis and cannabis related products ;with'ln the Cifiy of Caldwin Parko the cannabis and cannabis related products must be distribW60 to 04 80Jd In pttiee where it is legal to do so, Rukl{, Inc, shall be the exclusive distributor for the cultivation and/or manufacturing permit holders within the City of Baldwin Park and City conditions the cultivation and/or manufacturing permits on Rukli, Inc, being the exclusive distributor for any permit issued by Baldwin Park for cultivation or manufacturing. ARTICLE 3. GENERAL TERMS. .2a 3.1 Definitions and Exhibits, The following terms when used in this STATUTORY AGREEMENT shall be defined as follows: 3,1,1 "Agreement" means this STATUTORY AGREEMENT pursuant to Government Code Section 65864 et seq, corporation, 3.1.2 "City" means the City 'of Baldwin Park, a California municipal 3.1.3 "Days" mean calendar days unless otherwise specified, 3,1,4 "_C7edictt"' ti�a'ns to offet tle suiaject.l.and for dedioaton►:d tQ post sufficient bonds or .ether security if necessary for the IMp�ovemph ,s to be .ccl truoted irrbluc ing, but not limited to: gradlri ,the Gonstructlon of Infrastructure and',pubiiG facilities. related to the Project whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping. 3.1,6 "Development" If applicable, includes grading, construction or, installation of public and private facilities and the right to maintain, repair or reconstruct ,any private lauilding„ structure, lhiproWrnent or facility after the ,cojisVubt[ort and bo,r tpletlan thereoff p,rovlded, hoWever, 'that such m,Airten nce, repair, or reconstruction tale piacc "wlti in tha Term of this TATIJT 'RY ,AGREE V N on tf7a l ropert}i 3.1,6 "Development Approvals" If applicable, means other entitlements for the Development of the Property, Including any and all conditions of approval, subject to approval or Issuance by tlio City in connection with, pevelopment of the ;Property„ 1.12 ".ei'o meat Approvals" also include .botih the Existing evc;fopment Approvals and the S,ubseguent D .eve Approvals approved or issu d by the City that ire consistent with this STATUTORY AGREEMENT, 3,1 7 �'Q�evelop.,mont� Flan" 'jJ pplldoble,, means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property for the Project, as .modlfled and supplemented by Subsequent Development Approvals, 3.1,8 "BPMC" means the City of Baldwin Park Municipal Code, 3.1,9 "Effective Date" means the day this STATUTORY AGREEMENT is approved and adopted by the Baldwin Park City Council and signed by the Mayor of Baldwin Park or his designee 3,1,10"Existing Development Approvals" If applicable, means all Development Approvals approved or issued prior to or on the Effective Date, Existing Development Approvals include the a.pp.rovals set forth in Sp tlon 3,1,6 and all other approvals which arel a matter: of public record prior to or on the Eftoctive Date, 3.1,11 "Existing Land Use Regulations" If and where applicable, means all Land Use Regulations in effect on the Effective Date, Existing Land Use Regulations Include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals, .3- ' 3,1,12 "Land Use Regulations" If and where applicable means all ordinances, resolutions and codes adopted by the Gity governing the devel.opment acid use of land, including the permitted use of land, the density. or Inte►isfty of Viso, subdivision requirements, the maximum height and size of pfopos.ed buildings, 'the provision 5 fioC reservatI h or Dedicatlon of land for public purposes; and the ment design, Improveend construction and initial occupancy standards and specificatlan ap;pii6016 to the Development of the Property, 3.1.13 "Mortgagee" If applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors - in interest. 3.1,14"Owner" means Green Health Industries LLC, 3.1,15 "Processing Fees" means the normal and customary application, filling, pi.n check, permit fee§ jor land use approvals, design review i►ee ren7oval permits:, bulld(n;g permits, demolition permits, grading pa' nits, and other s,i►ni,lar per its ar7,d eniiti.emc,nt , and lri�a' ectl ;n fees., which feed -ark 'ehargod the City s toreimburse expenses attrl.bprocesdng, per utable to such applications, mlfting; review an-d. InspectlaC and which are in force and effect on a geh6rai basi's at suoh time as said approvO`IS, permits, review, inspection or entitlements are granted or conducted by the City. 3,1 , 16 "Project" If applicable means the Development of the Property cor►temp(ated by the Development Plan, as suol7 Development Plan may be furth;e,r defined, enhanced or mod fled pursuant to the piov►sjans of this STATUTORY ACREENiENTo The F�roje.et shell consist of t[1is :STATUTORY' AGRI=IVjNT,. tYte Development Plans, the application, any and all ontitlomerjls I:ioc�n� and permits related to the Project, 3.1,17 "'Pro,perty„ rnea.ns the rear property described in Owri;er's application and incorporated herelri by this reference;, Owner may modify the location or locatlons or add locations to tl�e 'Propc y s►al je0, td City .approval and all spplicohlo Zoning and distance requirements. 3,1,18 "( e. or able" means using duo dIIIgeaoe to acoomplis.l`► a stated objective that the subject party is .capable of perfo"lrl;g or providing under the circumstances in a ,manner tha"t is consistent with the i►ltemt and objectives of the STATUTORY AGREEMENT. 3.1,19 "Reservations of Authority" means the rights and authority excepted from .the assurances and rights provided to Owner under this STATUTORY AGREEMENT and reserved to the City as described in Section 4A. 3,1,20 "Space or Canopy Space" shall mean any space or ground, floor or other surface area (whether horizontal or verticel) which is .used' :during the marljuam g.erminatlon, seedling, vege'tativo; pre4l.owering, flowIering, ourlhg, andlor harvesting phases, lnoluding with 1 hiltatlan any space used for activities such as growing, pl nting,'saedirtg, germinating, lighting, warming, cooling, aerating; fartllizing, watering, irrigating, topping, pinching, cropping, outing or drying rnarijuna or zany such §porn used' -4- for storing any cannabis, no matter where such storage may take place or such storage space may be located, 3.1,21 "Subsequent Development:Approvals" ifapplicable, means alkfuture discretlo h'ary approvals and all ministerial De.veiopment Approvals required sufSsegUoht to the Effective Date In connection with develc�pmelit of .the Property, Inoludino without limitation, subdivision improvement agreeme►Its that regiiire the p.rovis on of Fonds 0 other securities. Subsequent Development approvals Iricl,ude, belt are hat limited to, .all. excavation, grading, building, construction, demelitfon encl'aaoh.m nt or' street i"rriproveri7ent p`o"rrnits, oocupanoy ;oertiff0ates, utility connection authorizalons,r other p:e:rn7its: or appl'svale ireoossajy, opt�veriicnt ar.app.ropriate ft5rtha;gradirig;, constrUet"fQl� rri;aiKeting, t�se andc ecupancy �f the Project within the Property at suoi times anal 1h, such sequences as Owner may choose consistent with ithe. Devolapr"n nt Plgn and. this STATUTORY AGREEMENT. 3,1,22 " ubs.equent .l ar7d U:.sa Regulations" if applicable means any Land Use Regulations defl�ed in Sbdtlan 3,1,12 that are adopted and effective after the EffectlVe Date of th1_s .,rATU1"t Rl'":.AGREEMENT, 3.2 Documents. The following documents, by this reference, are made part of this STATUTORY AGREEMENT: No. 1 — Legal Description of the Property, No, 2 — Map showing Property and Its location, No. 3 —Application 3.3 Binding Effect of STATUTORY AGREEMENT, The Property is hereby made subject t th'is STATUTORY AG,REEM.ENT. ufaje_ot to owner's. recslpt of all De:yelop►n.'ent Apj royals rela;t►vo thereto,; the Developr�ei�t of the Property is her a ►thonzed And shall, except_as otherwise p►ovided' fn this S�ATUTQRY AGRGEMEIVT, be carried out only in accordance with the terms of this STATUTORY AGREEMENT and the Devolopffient Plan, if any. In the :;event; of conflict or uncertainty between this STATUTORY AGREEMENT and the `Development Plan, the provisions of this STATUTORY AGREEMENT shall control. 3.4 Ownership of Properly; Owner represents and; covenants that it has a legal or eq1table interest in the Prop.erty, whib.4 has an Assessor's Parcel Number of 8a5 02r0 1 and is more particularly descrfb.ed' in the application and document "No, 1" in Section 3,2 and incorporated herein. 3,5 Term. The parties agree that the Term of this STATUTORY AGREEMENT shall be fifteen (15) years ccrnme'itcfng on the. Effectve Drake subjact to th , wr'rtker extension and early termination pmvlslons desc i:bed In this STATUTORY AQR�EM'�ENT, Upon ter►nination of this STATUTORY AGREEMENT', this S'TATUTO.RY AGREEMENT shall be sdeamed terminated and of no further force and effect, except terms that are expressly stated in this STATUTORY AGREEMENT to survive termination without the need of furkhe.r documentation from the parties hereto, The STATUTORY �5- y AGREEMENT's Fee is subject to renegotiation after the first term, and every five year term thereafter. 3.5.1 Term Extension. This STATUTORY AGREEMENT may only be extended by mutual agreement of City and Owner in writing and signed by Owner and the Mayor of Baldwin Park. If the Mayor of Baldwin Park does not sign the agreement or renegotiated agreement any such agreement is null and void. 3.6 Automatic Termination. This STATUTORY AGREEMENT' ` shall automatically terminate upon the occurrence of any of the following events: (i) Expiration of the Term of this STATUTORY AGREEMENT as set forth in Section 3.5; (H) The entry of.a final jud9mer t (or a'decision on any appeal therefrom) voiding +tire ityI General Pl h or oily element illereot,'Wv Ich judgment or decision would pri olud development of thy: Projp6ft Js unable to cure such defect in but;ahiy i1L ti�e,.City the G ne,ral i?I �i or elet�tent withIn one ht�ri.ir-d and efghty (180) days from the later of entry of final judgment or decision on appeal. (III) Failure to timely pay the Fee or Fees. Failure to timely pay the $50,000 towards the police salary or benefits, Failure to pay any fees due to the City under this STATUTORY AGREEMENT, 3.6,1 Effect of Termination. Termination of this STATUTORY AGREEMENT shall constitute termination of all land use entitlements and permits ap'prov d for the Owner and/or the Property. Upon the terminatjon of this STATUTORY A RF MENT, no i;a�tY shall have any right or obiloafioh hereunder eXpept with respect to any obligation to heve biaen performed prior to such. talTnioption, or with respect' to any default in the performance of the provl:sI:dhs of this STATUTORY AGREEMENT which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this STATUTORY AGREEMENT, 3.7 Notices. 33A Notice Defined. As used in this STATUTORY AGREEMENT, notice Includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver,, appointment or other communioation required or permitted hereunder. 3,7.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (1) when delivered in person to the recipient named below; or (H) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or In (111) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or (iv) pn the date_ of de `ivery 'by, fa;csimil tra,nsffilssIbh to the recipient named below �If a hard .c"spy of the nctioe. is deposlted in the" United States mail, postage prepaid, addressed to there"clple'nt nam d'befc�w, All notices sheli be"�eldressed as follows: If to the City; Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to Owner: Sigrid Lopez 13647 Jackson Street Whittier, CA 90602 3 7r3 Address Changes, dither party ,may, by notice 1von at any time; require a,ubseq�.Ij_enf notices 0 be gjven to another person,,ar entity, GWh011or a party or on off[ser or, representative of a.;party or to o cliff arel t add - ss, or both, 'Notices given befog' actual receipt of hotibe bf change shall not be Invalidated by the change. 3.8 Validity of this STATUTORY AGREEMENT Owner and the City each acknowledge that neither party has made any;re reseritatlonsI the:otherooncerning the enforceability or validity of any oh`e' ar more provisloins efi_ this STATUTORY AGREEMENT. The parties acknowled"ge and agree that neither party shall allege In ar;y ad;min strative .ar judiclel pri oe,ed np that the .IentbrIno into er the perfarma.ncd of any pbj oatlo'ns created in thisSTAT.UTORY AGREEMENT.vlo fes federal or state law, With respePt t :all,federal, state and lbcal:statul es, ordinances or regulations in effect as of the Effective Date, 3.9 Fee,, Fee means the amour t(s) set by'th'e City,; negotiated with m ®r'r, to provide City cr?rnniens�arate benefit_ bas.e_d on a�, privet bonifft cbh;ferred upon .Owner, Fee shall include city's cost'to re:;earch o-"nnabls and cannabis Laws and regtalatlon, draff.canrabis trdlran`oe, oon'duct public meetings, negotiate development agreements, prooess appllcatjons, end an;y other acts taken by the City in furtherance; of medical and adGlt corrt;ercial use of cannabis. ARTICLE 4. DEVELOPMENT OF THE PROPERTY, 4.1 Right to Develop. Owner shall, subject to the terms of this STATUTORY` AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Development Plan and/or application. The Property shall remain subject` to all Subsequent C7evelopmpnt Approvals regilired to complete the Project as ,contemplated by the Development flan andlor appl cattion. 4.2 Effect of STATUTORY AGREEMENT on Land Use Regulations, Except as otherwlsa provided by this STATUTORY AGRi�,CMVNT the rums, regulations and Of lal policies at7d conditions of approval governing permitted uses of the Property, the density and Intensity of use of the Rroperty,,the maximum hefght and size of proposed ba ldings, -7- and the design, impravornerit, occupancy and construction standards and specifloations applicable to, development of the Property shall b'e the jeveiopmert Pian. andlor appiicstian� Provided; however, that in .approving tentative subdivision maps, if any, the City may imposo ordinary and necessary d,edcs _Qns for rights�ofwdy or case► ients'for public access, 'utilities," water, sewers and drainage, having n nexus with the p i lcular subdivision; p ovidasd; further, that the Gity msy irk►"pose Od will require normal end custom ry subdivision impr vament sgr$olr e is and Commensurate, security to secure perforrnanceIof Ownor's:abllgatio[ls thereunder. 4,, Changes to Pro je t, The parties acknowiedgp that "changes .to the Project or Developr pntApprovals may b.e appropriate "end i�autually desirable, The Cltyshail act on such applications, if any, in acoordance with the Existing l.an'd Use Reoulatlons, su'k�Jeot to the Reservations of Aa.athority, or' eXcept as othorwi;se provided by `this TATUTQiY AGREEMENT, If approved, anysuoh change in the Elating Development Approvals shall be considdred ah additional xlsting Developme'; ApprovaI 4.4 Reservations of Authority. Any oth..ei provision of this $,TATIJTORY AGREEMENT to the contrary notwithstanding, tree I�evelopmpffi af'thc Property shall he suiaaect to subsequently adopted ordinandcs, resolutions (E.Libsequent �arid Use Regulations" or sometimes referred to as "i e prvatl`pn of P,Autho lty) "o 'the' followir topics: (i) Processing Fees irnposod by the City to oo.ver the:estirnated'or adtudl costs to the City of processing applications',or:Devel� pmeht;Approvbls or for monitoring. cpmpiiance with any 'Develo;pnient Approvals granted or `issued, which fees are ciiargod to reu bursc the City lawful expenss's attribuWblo to such applications, processing, permitting, revtew and; Insp"eetion Arad wi tch -a e In force at d ef(o t c h a rgenoral basis at such tiiri as said approvais� per►�i�ii% review, inspection or entitlement are granted or conducted by the City. fj. pracpd'ura regulations relating' to hearing bodies, petitions, applications, notices, ndings,:records, hearir`i:gs, reports, recommendations, appesls and any other matter of procedure; (ill R. eguj.dtlons governing engineering and construction standards and speciflea'tions iriCludln , aa�y grid all uniform codes adopted by the State of Califorr and subsequently adopted by the City, (iv) Regulations which maybe in conflict with the Development Plan but which are reasonably necessary to p:rdtect the public health and safety; provided, however, the following shall apply:, (a) That to the extent possible, such regulations shall be applied and construed so as to pro.V►de Owner with the rights and assurances provided in this STATUTORY AGREEMENT; (b) That such regulations apply uniformly to all new development projects of the same uses within the City; and in (v) Iegtll.tlons that do not confiictwltn the pevo(opment flan The tarn do not odnflicV means new :,rules, rc gulatioris, end pollcios which ; {s) do hdt modify the l.�evelophlent. Plan, Including, without limitation, the per�nitted land uses., the dohl.lt or intensity of use; the phaslnd 6r timing of Development of the Praje.ct'r tho rriaxirnum height r7d size s for Dedlotlon of 17nd for putllcisonthPrapertyoed buidrovisionofprop ptrrpo es end Devoloprhont Exaotlons, excopt as e�tprossly Perr'riitted elsswheie In tills, S1 ATUTC7RY AGI3EEM ANT, and tan.d.ards ,-6r'de9lgn;, develo.pr oen e.n.d r oftotructlOn .of the RrQJeot; {b} In riot prevk Owner ;from otateiriing dny' Subsequent: Deuolopment A ' rovals, including, with o0 Ilm,itotlon, qIl necessary approvals, permits, certificates, and the like ;st 91n :dues and under such ;ciroum_stanos os Owner woriel tatheluiso entltled by the Qevelopmow t Plan, or (o) da :not prevent, Owner from to�nrnencing,: prQ$_ecL' ting, .i rrd finishing gradl�ng of tho lend,, Constructing publlo and; private Improvements, and opcupying the rokerky, or any portion thereof, eii a't.such .dates and> ;scf soups as;:Ownerwould,oth,00se be.bntltled to do so bythe b�evelQp._ent - an. (vLj. The[ty shall snot fie prohibited from dppiying Proje�ot Subsequent I~o1�d Use Rog ulatlons.thatda netffectp ts ermitted uses of the land, densityr design, pub.11o iinproVernen:{Includia�g con standards s.id spe'nlflcatfons} or, the rate of development of tic I)eveloprrient, her shill the ify be 'pr�nhlbI;ted ft0M denying or co't:DeViomnaplc1ditarally a?provinganyubatlnnsntjs Iasiorof such s�.bsogr.r�nt l.ar�d Uso f�agulatiohs 4.5 Other Public Agencies. It is acknowledged by the parties that citf er public age'n,cle hot within time control of the City possess autiiorlty to rgulato:;aspedts of ttto NY dev-6prnent of the.Proporty;oeparat- y from orjofntiy vylth the City, and this S-ATUT.0, f�;REEIVII=NT:does not Ilmlt the authority of subh othor p�if'I:ic agenolesThe C,ty shall reasons ly .cooj erate: with other public agoncles p c�cessing l�eveI:opMer t ApproVais tel' the Project, 4.6 Tentative Subdivision Map and Develaproent Approvals f lfIOP4.n The term' Of any te:ntativo'subdivlslpn dap shall be In effect for period f fCfteen ( i years, andrr,bo oKtended pursuant, to the pravtsi'dns of tile. Gatifornia �ibdivl'si.c�n Map Act y (Gov ernme.rtbde 61.0 et .sect) pll pevelop►�`ent Approvals shall not ,expire i.f Ownort7rnnlnGes substantial cdlsti uction of tile Prject within one (1)year from tile fl'ctiv f7ate Of this TATUTOI1' AOR_MENT, "Substantla►` Constructi,an'' mans tine issuance of a building permit in furtherance of the Project, 4,7 Satisfaction of Condltlor7s of -Approval, Owner shall comply with any and all conditions of approval for any Witlomont, permit, or license it reoeives from the City. 44 Sul Sequent EntiYlemi✓rits, Prior to r; - 'Menoement of constructloii ,of the. Project, owner shall be required to submit appijcatidns for any and all subsequolit entitlements, if any, oohs stenC with the tort s and conditions .sof forth Ire this STATUTORY AGREEMENT, 4. Cityy �ecpr'ds InspectIbnr Owner acknowi`adgas and agrees that the pity is orrtpoWered ta.,eXarnfn:e Qwnor's books a;nd records, i.noluding tax returns:, The "City has the:: power and authority to oxamine such books arid iec.o.rds at any reasonable time, including but not (Jolted to, during normal, business hours. If the City wishes to inspect ma the areas oftll.0 FrOortY where the carinablsjs being Cultivated or Manwfactu,`ed, City '. :f may do se- at any With no 'prior notice to'.Ownor, I addItIon City agreesthat all,o p oyee.s or a the cultivation, manufacturing; and curing 8MO§ shall Its e, W, gets which enter r'r -Opl6yees, .., IndlUdIng without follom I-of,,jho� '11,,�ies.�ond,,,Ouldell�e's"impOsed,bh'QWh.6 Sel po. Ilrnitatia,n, the wearing ofi y clothing otoquipmontto Insure that no pests crImpurl'I'les shall,enter the cultivation ARTICLE 6. PUBLIC BENEFITS. 5.1 Intent, The pates acknowledge and agree that 0,0610MOTt of the propeerty will result In 6Ubstabtl8l public needs � lwIill not be fully .Metby the evlop et Dian and f ther 661�nbwloogeand agree that thisTATuTORY AGREEM"- T confbfb sObstahtlal p:dVate'behefi0t8., OOwner whlc hshould be balanced by camrnerisurata publicb6nefits, Acd k oglyj theipa�(jp$ intend fe,00 to proVidb conslder6llon private benefits 00 n-fe rre!. or) a - more fully providing pg tothe pubIIc,t6:bW0h6e the its,_, .,d Owner p o farthesat'lafact'lon'of the Ouol[,a needs resulting from the Project, 5,2 F61• the first year, 0woorwill pay, the City a total of $2o,000osaFee, This fee is calculated bos-od on"$1r'0.00 a square foot of permit space and a permitwhich allows up to 22,000 sqfeet, among other faotbfs; 5.3 In year two and year three, the Fee will Increase to $12,60 per sq. foot for a total of $275,000 per year, among other factors. 5.4 At the beginning of year four and year five, Owner will pay a Fee of'$,15,00 per sq, foot fora total of $330,000 per year, among other factors. 5.5 The Fee schedule is as follows: The -first Fee payment 18 -due at the -close first payment will be d n the last day 'bfl,June of the,sodbnd quarter: Therefore, the fl, t due o, i., 2013, the seoond and la,8t payment for the first year is due on the.last dayof lje�cpm bef 2018, Forthoyealrs2,thro ug h 14 th.O.Fbb gche°dul'ods as fellows: divide the total Fee for the r,espe0.q v-eyoa,1, Into four and make,foor equal payments due at the end of each quarter .-.. of,the respective year. At t110 end J The: Fee1s subject fQ1,reassessment by the City .every five years. . will 'be applied In years 61hrough. .11 'A of roar five, the City will set a new Fee wh,16h h16 will be a years 111thro0dI1 15, -.,ity will set no�V, Fee W the C b.e orid, of year I-- Y,5 detpht1hp o, Fee. -110 nn. �,Jp No�one . :*tor Is dI8po8Itfvo,fn the City ti -, n W the new F T - -0 ,�nit will e,XpIre . a . t to year r and W q othe owner to reapply with pel the ,�losebf the 16 , ifIrp 0 1 1, 1 1 - 's by ty cannot aglee to. a rTeW Fee or Fee the City for a new permit. If owner: and �Ql . Clay AORE,MEN T Will automatically terminate Dec6mber 22, 2.64, then this. STATUTOIV, on' December 23, 2022, 6,7 Further, Ofter will pay yearly payment of , 5(),o0oea-,rI1 yeartothe City $ 0 City and its that can be used t , 6 mitigate- the impact of the cannabis business on th to Ll s to pay a p a rt of a police officer's in 1 dos butis no0imilted to e raswrc,es,wfil, h cu tithe the pe-r6t Is Isspedt balaryand/orbenefits: This $50,0.0,oamo.o.nt will be due atthb ts Will be c(Ue: on the permit - issuance anniversary date. This 8tlb6equent annual paymo.,n lt-.and'tierea I er of Issuance of po r m I' 0 n the payment Is due within :thirty (86) days ari.niversary of the lssuano,e :of permit: -10- 5,8 Jobs and Wage Creation, Local H14tig. Owner agrees to use Its reaspnolble efforts to hire qualified City ro'sldbnts forrjobs�at,fhp: Project, Owner shall also use reasonable efforts to retain the services of (I'dallfledcohtfetbtom a,hd suppliers w.lt t'o 19cato)I ' the, GIty 1. or who employ. a Sign] I floant number o.f,City residents, r , At 166§t,20. .0 percent thq:PiAoie-0V$ workforce .sl . ial . I oon'slstof rogldent§ of thb-.01tv�Job �annrauncom-et , its 6h#11 be,pbgtod,�fblty, 0 With I a that, the fhb a'nhod , nceme nts were advertised In at least two w s PU'blI.- hed, �plrlihf Poe UtOdlh tI e, City and on variods;db .$ o&ordstrlb cial medl-' tltes ou shall make a good h.pffoiflo advertise lo In Owiiersl ne ce , s I b" t job ahn buhooffi foIrp, on local radio and through public agencies and organizations. 5.9 Development Agreement Administrative Fee Deposit, Owner shall be responslNe for 011 of ;the CIty,s actual -' ' costs associated with processing Development APprovals for the Prefect- including, but not limited to, costs associated with the City's -f the Project, in, clud.Ing but not limited to reviewing the Project's ro�lew-.an proce-ss ng �o , e oJ6 it-.. -nen al, 0' 1 t clearance documents, permits, licphaes--o , - .11 1 all ent let ts it I Women a documents evidencing r . compliance With state and local law. As such, upon issuance of -t d s with lhe. Offy for the purpose �of (p'Irn'.br u . rs Ing the City for 006 It I 5,000W * a - ' 'e and !no the Project; jetelled 6v s ally a ted ssoolp costs with prootbl relit ibo_ I - the ;City I't's, actual, �Q;Ost Ii _plrr0o, In dr, ftn this rs n.g e ah.d pr60688111 ' R E, TAT U 0AR': Y 'V ENT Qwno� will bo liable for the City's actual costs incurred in I? I roPessing future' Development,.Approval apPlicotl6hS, City acknowledges and agrees --t of the City's 'actual 'Imerely a.ddpc on the amoun Lit this payment is not rn- but is a ca l S A O RY AGREEMENT. in processIng'-t-h. s - T. -T UT ARTICLE 6. DISTRIBUTION AND TRANSPORTATION 6.1 Transportation of Cannabis, All pick ups and drop offs of can,h6,bls and cannabis products into and out of the City of Baldwin Park shall be by the exclusive 'disfributor, Rukll, Inc,, or such 'other company should i�Q'k Inc. ino lbftger hold that right, , - , pick up.' QL drop Qwner shall not, on Its own of, throughanyperson or,.ehtlty, arrangelbr pl , ups r rop o 8 cannabis - 'is products Into or aul of the City Of, Sal�dwln Park for any ff-'of - nnIs or qq1hhtb- purpose, except by the excJuslve distributor. 6.2 Distribution of Cannabis, Owner shall distribute its cannabis and cannabis products only through the CIty$.eXclusJve distributor. Owner shall cooperate fully with the City's exclusive distributor rog.arding the accounting for product, revenue and tax collection, 6.3 Owner and the City's exclusive distributor shall reach their own agreement regarding fees for the exclusive distributor's services, ARTICLE 7, REVIEW FOR COMPLIANCE, 7.1 Periodic Review. The City Council shall review this STATUTORY AGREEMENT annually, on or before each anniversary of the Effective Date, in order to asbertaln Owner's good faith compliance with this STATUTORY AGREEMENT, 'During -11- the periodic. review, Owner shall be required to demonstrate good faith compliance with all the terms of the STATUTORY AGREEMENT. 7,2 Special Review, The City Council may order a special review of compliance with this STATUTORY AGRI=MENT at anytime. 7.3 Review Hearing, At the time and place, set for the review heari.11 ng; Owner shall iae:givert 6i opparlunityto be`heard. If the City CoUnc.11. 1ods, based wpon siabstantia.l evidence, that owner (1as rla_i car7lpiled iri good faith with the terms or crnditiors.of this STATUTaRY .AGR EM N I thlb City .ourloil tYlay atitomatiGally term(ri to this STATUT ORY A I E MENT ijotwithstanding any other previsiar1 'of this STATUTORY e Au(iMENT to the contrary, or lriodify this STATUTORY AGt. MENT and imp such conditions as are reaso. l:ably necessary to pr+otaof tho interests of the city. Th;o decision of the City Council shO be final, subject only to, jud'icral review, 7.4 C`ertlf(c�te of A�reerrient Compliance. If, at the conclusion of a periodic or special review; the City Cauncll determines that Owner is in corppl(ance with this STATUTORY AGREEMENT, the City shall i.ss.ue a Certificate of A'greert�ent Con'i W, ane "Certiflcate`'j to Owridr Mating that after'the,.mW recent pdriodlc dr special review, anel b,ed u'par the iniormatlon I�r,ovvri or rn,ade 'known to the City Caur�cll, that (i} this STATUTORY AGREEMENT rehidins in ;effect And (ii} Owner is net i►7 default, Tile City sJl;aof ll rtof be bound by;n Certiflcato if a default existed -at the time Qf the periodic or special review, but was concealed from oretlierVvlse net knawrl to 'the City ouhc;Il, iega`rdlwn r, whether or not the Ca';rtrfip to is relied upon by assignees or other transferees or Owner. 7.5 Failure to Conduct Review, The Clt 4s fai ure to cohducc � t ariodi iTORw 7; Cost of Review, The costs Incurred by City in conr1eetinn with the periodic reviews shall Ia arn,e by the Ofty The QWngr is hot liable for any costS,a$W0rated with arl;y City erfodlc review ef;thls STATUTORY AGR _- NT. The t- er is hot liable far oosts 1r7oqrred for r6VI`ews. ARTICLE 8. DEFAULTS AND REMEDIES. 8,1 Rennedles in Genei°al. It Is 0cknowledged by the parker that the Gity would n:ot hove ,entered into this STATUTORY AGREEMENT if it were to bg liable (n :damaO.ge under this ,STATUTORY AGREEMRNTi or with respect, to this; STATra'vldd AGREEMENT or the .applica Ion thereof, except as hereinafter expressly p S object to extensions of time by mutual consent In wrltlrig, failure or delay by either party to perform any term <or provislon of this STATUTORY AGREEMENT shall constitute a default, In the event cf alleged default or breach of f y terms or conditions of this STATUTORY AGREEMENT, the-plarty gllegl.ng such-default,or breach shallive'the other party thirty (80)days' notice In writing spedifyirld the mature cf the alleged default and the manner in which said default may be satisfaoredli default oured dfor rinwrap sessuch ef teri�thirty lnatl n r Period, the party charged shall not be colslde Institution of legal proceedings; -12- In rden;dral, each of the parties hereto may pursue any remedy at law or equity avallable. for the breach of any provision of this STATUTORY AGREEMENT through any state; oa;urt, except that the City ,s.hall riot be liable Ih ri7onetary damages, unless expressly provided for In ;this STATUTOR 1` AGC E n/IENT, to owner, to any �7ort agee or ler►dQr, or -to any;successors irt.interr�st of Ownbr1f successors in Interest a1 perM ttect uridartills STATUTORY AGREEMEi�IT nor moitgago or le►pder, or to arty Qther parson,; and C Wnar covenarits on behalf of ,Itsdif and 61I soot essors In interest,1I1successors''In intd6pt-are porrrt106d under this STATUTORY;AGR e Property or any pQ,rt o tli'eraof, not to.sue for.srnages oi` Glalrri aty damages: (1) For any breach of thls STATUTORY AGREEMENT or for any cause of action which arises out of this STATUTORY AGREEMENT; or ifyor the- i'rnpalr i1ent ct` restriction of any right or interest conveyed or provided under, wlth,'or pursuant to this STATUTORY AGREEMENT, including, ,without Iimltatfon, any irnpairMe►it or'rastriOtion w.l lch Owner characterizes as a regulatory taking or inverse condemnation; or (H.1) Arlsing out of or oonnected: with ,any dispute; controversy or issue regarding the applioatlb:n or requuest for �a permit for :cultIv.atIo�i, manufacturing and/or distribution or irtterprefaition or effect of the prov161hs of this STATUTORY AGR' EM N,"(�`� Owner hereby agrees to waive and/or release the Cltq of Bq]dWIn Park, for foa claim 'or claims or cause of action;,,,not specifically and 'exprQs ly resolved hareirt, which Qv�rrer may. "have at the fii,m.e of. e�cact�tian :of this STATtJ�I C?RY AGREEMENT relating tp any alaplioatiot� to the City of B0.Idwin Pa rk inciuciing bait not limitsd tq, ;- .1 IT -, ati,iI for any type of dlstributirr`h, cultivation or ,rnanufa.ctudrig permit; any application for any distrib.utien, oultivatie,rl or menufacturing 'tights, or any applicatlprt; far any distributlon; cultivgtloh or'manufacturing l cer�so fror� the City of Baldwin Park, CALIFbkNIA JULIL CODE SECTi'ON 15 4 The Owner expressly acknowledges that this STATUTORY AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at thb tired of execution hereof, that this STATUTORY AGREEMENT Conte pl0t6b theextinqulshman't of any such Claim or Claims, The Owner specifically ackn:oWledges and waives an:d releases the rights granted to Owner under California Civil Code Section 1542, which states as follows: " A general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor," By expressly waiving the rights granted to Owner under Callfornia Civil Code Section 1542, the Owner represents that they understand and acknowledge that If they have suffered any injury, damage as a result of the application for or request for any permit from the City of Baldwin mark and (1) they are not presently aware of any damage or injury, -13- or (!I) any damage or injury has not yOt.Ma'nlfested or Injul forever $,harged, ry are fo,r.e, er released and di b Itself, any claims for any such damage Nothing contained herein shall modify or abridge Owner's (including its rights for damages, If any) resulting from the exercise b) r fyor,a�rl.d of eminent dornaln, Nothing contained herein shall modify e remedies (including its rights for damages, if any) resulting frorn;f,h1h., mall'olous, acts of the City and its officials, officers, agents and effi,pld� shall modify or abridge any defenses or Immunies avallableto 60app 61 pursuant to the Government Tort Liability Atict and all other decisional law, rights or remedies "y q the, Olt fit� power 0 ownelf's, rights or grosslynegligent or )es, No.fhl(ng he-rel:0 y and its rern0Ioyee.S. :6-able statutes and Except as set forth in the preceding paragraph relating to eminent domain, Owner's remedies shall be Ilmifed to thewset forth in this Section8,1, SectIon'8,,,2,- and Section 8.3. 8.2 Specific Performance, The pates acknowledge thatmoneydonl,ades and remedies at law are inadequate, and specific performance and �oth�* noh.hlonefaryORY relief are particularly appropriate remedies for the enforcement of this STATUTORY AGREEMENT and should be available to all parties for the following reasons: (1) Except as provided in Section 8.1, money damages are unavailable against the City as provided in Section 8A above. (II) Due to the size, nature and scope of the Project, It may not be practical or lac ,slbie Wrog I tora the. Pr9POFty to its natural condition once impleme6tation lon, Owner may R MENT[�@$ begun, Afte'(1606himplom.f. of th�js, STATUTORY AEli- 'Q� , -P, entd , 1- - rJ or pb�ffohS thereof, a�e' had to, .use the Prop.�e Y,� be, f6. rprolbsJ I from, other hoIQ t may h &exteRslve"N rthing and o ,.Qs 1 Owner has invested significant time and resources aid pSTArTUT_me -ig 1IsAGREEMENTand agreeing to terms, of "proces�lo of the Project ln� g i�n 'Urbeg.inInIfirthe pj;oject In aril, reso . implementing e will be investing even more 'n A`M =NT and It is n poasle to reliance upon the terms of this STATUTORY 0E-,E`R.j � E . determine the sum of money which would adequately compensate Owner for such efforts; d agree that any injunctive relief may be ordered on an the parties acknowledge an expedited, priority basis. 8,3 Termination of STATUTORY AGREEMENT for Default of the City, owner rndy ter I m ". 't - is 'TORY AGREEMENT TORY tonlyeafter Ina e th S AT.Q0"a ma terial term of this STATAGREEMENT and In providing written lotloe to th e City of default setting forth the nature of the default,b.ho the 'ac , t , I . ons, If any, reI the City to c sixty such default and, where the default , take such'actions and cure such default within �_Jxty (60candabe) ys ,cured - J ,after . , t ftheCity has W ;he effective. date of -stitch notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a long - er time, has failed to - r t I 'sixty (60) day p commence the actions necessary 0 cure such def"Rult within 'sup I' .eriod and to diligently proceed to,QqmpI,ete such actions and cure such default. 8.4 Owner Default, No building permit shall be issued or building, permit application accepted for any structure on the Property after Owner is determined by the -14- City to be in default of the terms and conditions of this STATUTORY AGREEMENT until such default thereafter is,.cdrod'by Owner or is waived by the City. If the City terminates this STATUTORY AGREEMENT because of Owner's default, then the City shall retain any and all benefits, including money or land received by the City hereunder, ARTICLE 9. THIRD PARTY LITIGATION. 9A Geheral Plan Litigation. The City has dotermi.n-d that this :STATUTORY AGREEMENT is consist nit with Its general Plan, Owner has reviewed the General Plan and concurs with the City's determination. The City' shell 'have t°io' Ilability under th),5 STATUTORY AGREEMENT or otherwise for any failure of'th.o CRty to'pmrform unor th Is STATUTORY AG:RMEN`r, or �fc_r the Iri,sblllty of Owner to dovelop the Property ,s. do:r7te►npl tod lay the Level ..0t Plan, wl7icfi failure to la rfcrm or (nobility to develop is as, the re' ult of a judicial determination tl at:tlie General Plan, or portions. thereof, are invalid o'r Insdequ.ste or flat `ih compliance with law, or that this STATUTORY AGREEMENT ;a:r an.y of the City's actions in aopftn it were invalf, (fl tiad.oq�tat, or nnt' in complia nee with lam, Notwithstanding. tho foregoitt ,neither party shall contend in any admiriistratiVo or jud(ci,al proceeding that any .TATUTQr�Y ACIEMENT or any oveloprrrent ApprbVa is unonforcoable basod tapori federal, state or local ststut ,S; ordinance or r c ulat ans Iri etfeot on the'. Effective Date. 0.2 Hold Harmleo$ Agreement, Own°er hereby agrees to; and h ll ho.l.d 'Clty, its! electiVo and ap.polrstive boards, ,Qommissions; ffice s, agents, and employees harrrrless from any 1161bility ford s o or claims for,damago for par6otlal, i,riJury, :including deatrl, we,il as from ol.ains for' proptY damage whioh may arise from ,Owner or Owner's contractors, subcontractors, agents, orplayes operatlor7s under this STATUTORY AGREEMENT, whether such operatlon'S be by'.Owner, or bY,any df droner"s iconractors, supco�7tractors, agents, or employees oporatlans under tnis .STATUTOR`( AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly a'r�indirectly e.rnp)oyo i by, of acting as, agent for Owner or any a Owner's contractors or :ubcon raotorzs Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and eimployees from any suits or actions at law or in equity for dmag'e caused, or alleged to have be,01i caused, by reason of any of the aforesaid operations, 9.3 Indemnification, Owner shall defend, indet ,hIfy and hold h.ar►�less _y and defend its agents, ot"�fR. ,,, and 00�ploye'es at alnst and from airy al ci all Il bllltles,. dorhal�ds, laws�lits, claims, ,governmon,t claims, actions of proceedings .and costs ,and. expenses inoide tal tl7ereta (lholudin costs of defe.n.se., settlern;ent and reasamable attorneys' foes),: which the 'City pM its City Cauiicil members may suffer, indur, be nco reppo►�slbie fa,C or pay aut as a result Oar] ►' noction with any challenge to the legality, valldlty or adequacy of any of the faClowing (1) this- STATUTORY AGREEMENT and the co.ncu.rrent' and subsequent perm.1ts, Ifcehs.os and entitlements approved for the Project .or 'roperty; (ii) `if appilcof�ler the environmental Impact report, rriitic�a_ negative d ci,a,ratlon� or"negative _declaratlon, ps, th.e;case may be. p►epared m conne:Qtion with th;e doVolopment of''the Property; and (Ill) the pratrsedlrgs ar prc�ce'dure �inderkaken In co►in-oction: with the adoption car approval of any p.ermlt ar any of the aboVo, In the event of any legal or equitable action or other proceed ►g instituted by anyone a11 gainst tl�e .City or Its City Council, any third party (including a governmental entity or offlcial) challenging -16- the val(dlty of any pi'avision of this STATUTORY AGREEMENT or the procedure.,upon which tl7'e permit was issuor any port ionthereof as set forth herein, the parties shall mutually coop"rate with <ea.ci7 other in defense of said action or proceeding. Notwithstanding the above, the City, at Is $ole option,<may tonder to Owner and Owner agrees to accept any such terider of the complete defense of any third party challenge dscrtbed heroin., In the event the City elects to contact with special counsel to provldo o;r such 8 defense, the City mgy do so in its sole discretion .anal" "wrier will be required to f pay the defense costs of the City :as. the :c©sts are lneUfied. Owner agrees to spay any and all attorneys' fees or reta nor'regarding the,s.electi'on of counsel, and Owner shall pay all costs endall attorneys' fetes related to rete'ntian of srlch counsel; 9.4 Environmental Contamination. Owner shall indemnify and hold the City, its officers, agents,, and'empl yees free and harmless from any liability, based or asserted, up:w any actor orrtislan of the Owner, its o fivers, 'gents, emplr�yees, subcoritractcrs, predeoessors in intersst, successors, "assigns ;and (ndepen�ent contractors, e�coeptln any acts car aml'ssi"ons of Clty as � ooe so. to o:ny parflcahs of "he.Property dedicated c r tr 'nsferred to City by Owners for any violation of any'fed.olal, Mato dr local law, ordinance or`regula;t►oh slating to (ndus.tdal'hycdlene or to environmental onclitiora on, under or about ilia Property, i;rtcl.udlri;g, but not Iimltel tc,. sell and ,gr.oundwater conditions, ard> owner shall defend, at its ekpense,. Including attorneys' fees.,,thc "Ci'ty, Its offloers, agents` an:d em,ployeos in an:y action based or aserte.d upon any such alleged act or ornissior:, Tl o City may in its d'iscrotlan participate in 'the d0fonso of�any such Maim, action or prooeediryg. The provisions of this 5ectlon 9.4 ,do not apply to envi'ranmental oa:;nditians that predate Owner's ownership or control �of tho iroperty or.-Opplicable portion,, praavndedo however, that the farogc�Ij limitation .shall no,t operate to :hai, limit or 'mcidifY y r„A,mlnr� a� r� � r r� r�r auitable obll atioris as an owner or seller of the Property. 9.5 The City May Choose its Own Counsel. With respect to Sections 9.1 through special the ► special counsel unsel todefend the City hereunder, which feeswill be pa d by Ownor otherwise e engages special counsel 9 Aocept keasorlable food Falth Settlement, With respect to Article 9, the City .sha;fl not re)ect anY .reaso.nal�le tgooc� faith settlement. Before accepting any such settlerr►er�t offer, 01ty._sh'0ll notify Owner of the offer an;tl pi ovlde O,wr►er, with a :copy of the offer, If C wn`er disagrees vv(tl,� the City% intertition to accept the offer, prior to the City's responss;tp any offer, the parties shall meet anti cohfer h7 ore{er taattempfi to resolve the parties' differences. If the City dons reject a reasonable, good faith settlement that is acG.eptiab,le to cwrier, owner may enter Into a settlement of the action, as it relates to Ow►7er, and .tha pity shall thei eafter deferid swch action (including i ppeals) at its own cost atici be solely responsible fo,r any ju.dgh1e'gts rendered in connection with such action, This Section 9 applies e�colusively to settlemerits pertaining to ibneta`ry damages or de,mages which are re.meci,iaj by the pays-noiit d onetary compen.satlon. 'awner`and the City expresJY, ogee that this Section 9.:'does not 0001y to any settiernent that requlres a►i `pXercl:se of the City's paliob pavers, Ilrnits the City's exercise of its police powers, or a"ffects the conduct df the City s murlicipaf operations. 9.7 Administrative ,Actions. The parties acknowledge that in the'future there could claninitiated or servedb it fty either the Fedral Government actions, eGInformation, ent or he Statesubpoenas, Governmennt civil actions In connection with owner's development, operaflon.-and'u-pe of the Pr6p&ty:(I colleod"V01y, "ActI08'), The City shall not disclose l0f0friieflonand docu_r__ Fe'dbral party y P$ GoveMm6nt or State Government, its offl 0 of agents regaI*dI'n'9' on rt to this d STATUTORY - . AGREEMENT absent a grand Jur tviJ � 01 "a 11� "n Ihis rative I' su bRolle''Pa-, warrant, dIevionovery request, pum.m. nsl �,Q,O.r.t 66f6p ,or simls1: PTOOP0, ;,_ , 1. b brought authorized undef law her ornmental'N Action herein -after r called "Go.v, I 1 .0 c.d`, If ally , 0 , W the t City hall Immediately notify Owner'of t by either the Federal or State Government, _;—y s nature of the Claim including all 0orrrespondeme or documents submitted to the City, e -t I Notice, City shall provide 0_ ner ten (10') -0,ays Prior to r6gponding to the'OoVernnl, ' 0 ..a W", . m 0, �. I " _11PWOsubpoena` or the like to serve and Job-tafn on the City a from fh do.tp-: of such rrbitoct!Worder, or the like, t rpni a PQud of competent jurisdiction, 9.8 Survival. The provisions of Sections 9,1 through 97 Inclusive, shall isure Ive R Y the termination or expiration of this STATUTO Y AGREEM 'RENT, until such time as -the uses of the Property established In the Development Plan are permanently terminated. ARTICLE 10. THIRD PARTY LENDERS, ASSIGNMENT & SALE. 101 Encumbrances. The parties fierelo, Ma gaoree-, :that this STATUTORY AGREEMENT shall not prevent or limit Owner,. In—ahY ' -0 at Owner -% -sole dhscretl.ort from oncium4aring the Property or any portion, thereof or, ahy mortgagot 1,16oed of trust or other security (lbVL1oewa0 -finanting with resoo(A 0 Prope-rty, 10.2 Lender Requested Modificatio'n,/Iriorpretaf.lo�ni Th*.Q City tacknowledges -,-, I that , it e � certain on the lenders prOVIding, such financing may r q'pept_c_ Ort0l hihte'rpMtettl and.mol. iffinetiils - 'h --: of this STAT.IJT RY� AGREEMENT and agrees upon �.,reqW.Ps t front time to tlhl,e, with Owner and representatives of such le.hdbf,s to hiegofl-ate In pod ,faith inry reqIpstfor lnito#eta�tl6n or mcdIficatiom Thy City Will, hot y withhold its 00, or mo&floaflon prQvJddd'sudh, interpretation,b6h,�6ftt to,,,any s.uch requested inforp�etotl OT T h is coh o� Inten't d 1Qr J . sistept ;wffh the _. .- .purposes-�of. this .8 M OR, AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit City's rights under this STATUTORY AGREEMENT, ARTICLE 11, MISCELLANEOUS PROVISIONS. 111 Entire Agreement. This STATUTORY AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written repreaenfatlMs, LJnderat4hdIIhg,s or ancillary covenants, undertakings or gr . oeii)6hts th r . 6 . x 1n. No 1estlmony p'r at are riot contained Q preb6ly c titatried here OR 0,1106 adf Is evidence ofany,suoh, rb0rds6htatlorJ8,j understandlrgs; or. _pypn#,, sibia -e,rp I re or..d.ati5rm inethe. terms ",of cd J i.ons in any ppooee'ding.,tf any fried or na''u're t o - — .1 1 . of t� n 11�0wever, City may 'rely o fh11,1s:$TATUTOAY AGREEMENT,provided, at "Its optic, statements bybwinor's agents at the public hearings of the e project or on wflttori documents by Owner's 0gehtsthAtarO a part of the pb1lo, rocord, , I 11.2 Severbb_[lJty,, If any term, provision, covariant or condition of this ' STATUTORY AGRE,12-W.E_ NT shall be detorMlrjq.d Itivaildi void or unenfd, roo. able., by a court of 40,01p6to.rif jurisd[ction, the remainder of th.l§, STATUTORY AGREEMENT shall -17- remaining provisions are I.- d not"bo :aff6bted thereby to the .extent such lot rohdore W - rat.on the purposes r - poses of this STATUTORY ]mpra6jlc-al� to p�,ft�T tak1ho Into. cons Q . foregoing notwithstanding, the provision of the public, behefltS 80t AGREEMENT. The r th In Article the payment of fees 6�t forth therein, are essential q-0.11nIen., s fo r R cit - y would not have 'entered' 111,0 this of 411is STATUTORY A-01 EEM,F�NT -and the STATUTORY AGREEMENT but forsuch provisions, -end i60rbfor,e'In the �oventthataf!Y :j l. portion ofs,ch provisiaris are. determined to be ljjvalld, void or unenforceable, at the dify's ,� 0 ' �Y AGREEMENT shall terminate and from that 0,011it *-'On be option -,t* eht[r6,,8TAT,TOT and eeat nil and Vold. acid Of 06 force` The a forogoingn, 6twithEanftg, the development ritsSetfotth inAtticde 4 of this a STATUTORY A REMENT are essential into tills 0 owner would not hava:entered. .AGREEMIENT'aft elremphts of th] ' STATUTORY, STATUTORY A REEMENT but for such provisions, and 'therefore _Injhb,ovent that any :portion of'su,.oh'PrrovI:sJons are , - 0--,-to.beeJovo-1id, vI6., ld-�or unelomeab, o, at Qw n0bes option th'16 entire STATUTORY AGIREEMENJ,81011teMIte am from that point,annull ard vol6 and of.nQ fordo and ffPQtWhatsoever, 113 Interpretation and Governing Law. This STATUTORY AGREEMENT and b - ' ante - with file d arty dispute �ar!,SP9 hereunder811-0,11 be and)qtorpre ed In a., dor �, ance WI le 1e_,r.eP'Q_ _ __ � - _d lallfo, ni A UTORYAQ AGREEMENT s construed hall be cobs ru . as a ,4.w- 0 ta 0 whole f the S qo - f C r a,, III ST� T h - aQoordI_rJb:.tQ Its fair language and corom, on mel.in .In g to qdh,le;V e the ob0-0tives andli .. pyrpose the rule Of (,'On ru tion Icy the effect thalt-011 of the '6.er6to,,�nd are part. st 0 L to be resolved a' PY 't the art sh-011 notbe employed In hterprefjnglh[$ STATUTORYI - A,0REEMJENT-, since 611, partles were ro presePted by `.'C.;OUhSel In the, ne Igotlation and preparation hereof, 11,4 edtlon Headings. All section hbadings and subheadings are Inserted for convenience only and shall not affect any construction or interpretation of this STATUTORY AGREEMENT. 11,5 Singular and Plural; Gender, and Person. Except where the context the, s[nguJq' 'f arty word - , — shall include the plural and vice versa, and to, , n gender "shall pronouns� ',.fo(rIr1.h g- the ffiabdulIn"e gende all Include the feminine gender and neuter, anal -,n b _O n �shall include, in addition to a natural person, vice, verso,:a d a reference .Q OrS any governfl! I 6oflty and any partnership, corporation, joint venture or any other form 10 en - of business entity. 11,6 Time of Essence, Time is of'the essence In the performance of the provisions of this STATUTORY AGREEMENT as to which time is an element, 0 p,q y t (man,pe of. a I 11 �7- Waiver" Fq.IlUre b."y o 1n819t upon the strict p0lo yid the Is S dkEE ENT by 'the other party, orlhe� fdwre by, a pot" this A., , , M , prov.. 1prla,of . , - to e.Xerdiso Its ghtthe default of the other party, all net constitute a waiver of r!s Upon h .. _P tile. terms partyl,s right to Insist and ..demandstd0tc0. M IlWOO by the other tile. of- this STATUTORY AGRE.EMENT'thereafter. 11,18 No Th.1.1rd Party Benbfllclaries, The only parties to this STATUTORY AGREEMENT are -Owner and I t . he .0Ity. Thi s STATUTORY AGREEMENT is made and eri#ered into for the sole protection and benefit of the part]06 and their successors and Ile- - - assigns;, There are no third party baheficlorlos and this STATUTORY AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 11.9 This STATUTORY AGREEMENT when signed and executed by Owner and the Mayor of Baldwin Park supercedes and renders null and void that certain non - statutory municipal Development Agreement executed on or about December 29; 2017, 11.10 INTENTIONALLY BLANK 11.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited,party. 11.12 Counterparts, This STATUTORY AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 11.13 Jurisdiction and Venue. Any action at law or in equity arising under this STATUTORY AGREEMENT or brought by a party hereto fo► tho;purpo e df enf�arcir g, construing or determining the validity of any pl~ovision of thia,SATUTt-NRY.AGR-EMENT shall be filed and prosecuted in the Superior',Court cif tll County of Los Ar!'geles,'State of California, and the parties hereto waive all prevlslonS of federal or s>at late 01 dip al decisi h ,providing for the filing, removal; or c1l, 'oge of venue to any'pthef state er federal court, including, without limitation,Cado`of Civil Procedure Section 394, A 11.14 Project as a Private Undertak►n . 'it is spedifioally understood .a►�d ,agreed' by and .►aetween the parties hereto -that the development ;cif the Project ISO Ipi`I'vate development; that neifIhei` party is acting as the argent of the 'other in any 'respect he,iryeun.d r, .gi rl that each party. Is an Ind pendent contracting erytity with respect to the terms, oovenants .nd conditlo,ns contained in fh.is TATUTORY AGREEMENT'No panne"rsiip, joint venture or :ather aoci"tlon ef`arty Itfrid I formed by this STATllTt7RY A 'REEIVI N1',., Th:e Drily-olatio►�sh[p between tine City a►'id t�vvnor I that of'a.gpvetiil� enfi entity regulating the development of private property and the owne:rof such property; 1 1,.15 Furth— and Instruments, Each of the p'altlbs sh all copperate with and proOde,r oson.abl,e assi tM#O to the other to the extenti0e.nitemplated horotan;der in the p .�forman'ne of ail oblIgatlons ul7.d.er this STATUTORY AGREEMENT and the satisfaction of the .oar ditld s cif thla STATUTORY AGREEMENT. Upon the request of either party at any time, the other party shall promptly exeoute, with aoknowledgrnent or affico �davii if reasonably required, and file or record such required in ,rurrtent and.'uvrltlr and take any actions as may be reasoh:ably nodessary undor the terms. of this STATUTORY AGREEMENT to carry out the intent o;nd 'to :fulfill the provision of this STATUTORY AGREEMENT or to evidence or consummate the transactions contemplated by this STATUTORY AGREEMENT, 11.16 Eminent Domain. No provision of this STATUTORY AGREEMENT shall be construed to limit or restrict the exercise by the City of its power of eminent domain, 11.17 Agent for Service of Process, In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, M t partner or joint venturer, resident of the State of California, or'if it is a foreign corporation, then owner ei` si all file, upon its execution of this STATUTORY AGREEMENT, with the Gh let xecutiv Offioer or his :or her designee., upon Its eicecution of thin TA1'UTOI Y AGREEMENT, a designation of .s t at�lral person residing 1in the State of Callfornla, diving 1�1s or h hairCs, resldence and business addtesses, as its agent for the purpposa of e of rooess in a��y cai rt action arising out of or based upari this STATUTORY servic p 'copy racers inn such action AGREEMENT, and the deiiVery to $uch agent of:a'co of any p Y shall oonstitute valld service 'upon Owner. if for any reason service of such process apart such agai7t is not feasible, then In such event Owner may'be per -so, sawed With. such pro'Cess'arut of the County of l_os Angeles and Ucb s6Mc.e shall constitute va.11dlseNice u an Owner, Owner is amenable to the 0 cess so described, stil r5mits to the jurisdiction of the Court sc obtained, and waivers .any and all objections and protests thereto., 11:18 Authority, to Execute; The person. or, persons oxecutlng this STATUTORY AGREEMENT an behalf of cWner v�arrants and repr,es.ents that fie/shelthe.y have the au'tharity to ;exeoute: this STATU iORY A `REEMENT on behalf of his her/thei:r aerparation," partnersl '(p or b;usines� .entity "and warrants an,d �eproserits that' helsl7e/they h.as/have the "a itharity to bind Owner;.tc: ,the perforr.n. ce of its obligatiarts hereunder. OvYnor, shall ,each deljver b City cn exocutlon of this STATUTORY AGi� EMENT a certifiedopY of a resolution and or � n7inute order of their respective board of directors or appropriate gauerriing'bod:y authorizing th.e execution of this STATUTORI' AGREEMENT and nam'ing the officers that ire "adtharized to execute (,his .T!TUTC7RY AGREEMENT on its bel;sif Each. Iridlvidual executing,this STATUTORY AGREEMENT on behalf of his or;her respective company r e►°itity shall 'represent and warrant that; (i) The individual is authorized -to execute.and deliver this STATUTORY` AGREEMENT on behalf of that oanipany or 611titY in accordance with duly adopted reclutioti of fife company s; board' of directors or approprjate governlri;g body and 1n aocordar 00 With that company s or :entity s �arkicleg of incorporation or charter and,bylavus or ap.pllca'ble form'atlon documents; and This STATUTORY AGREEMENT is binding on that company or entity in accordance with Its terms; and (ill) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The.executicm'an.d delivery of fhs.STATUTORY AGREEMENT by that comp.ahy oi�'entity shall not result (many braach .of or c.o,nstitute adefau_It under any mortgage; deed: of trust; loch agreement, creel:,1t agraement, part►'ershlp agreement, or other co►itfact 'ar instrument .to Which that .company or entity is pdrty or by which thaf company or entity may be bound, 11.19 Nexus/Reasonable Relationship Challenges. Owner agrees that the foes Imposed' are in `fact reasona:k�le and related to the mitigation of the negative impacts of the business on the City and consents to, and waives any rights it may Dave policieswor In or the future to 0 piloge the legal Vaildity of, the conditions,, requirements, i pragr rns sit forth 1n this STATUTORY Gli EMENT including, without limitation, any ciairn that the terms In this STATUTORY AGREEMENT constitute an abuse of the police -20- power; violate substa► Live due process, daisy equal protectlo'n of the Laws, effect a taking of property without payment of Just compensation, and/or impb8e'an unlawful tag; 11,20 [RESERVED] 11,21 No Damages Relief Against City, The parties acknowledge that the City would• not have entered into this STATUTORY AGREEMENT ,had it been exposed to d i age claims from Owner, or -hyone octlhg on behalf of.awner to,r 1,y preach thereof. As s���h,';the p0:rties agree tli6f ln.no event. hall Owner, or GOON' partners, or w1yone acting on' (aeh "I" of � -" r be entitled to recover damages agalnat .city for breach bf this STATUTORY AGREEMENT. 11,22 laws. Owner agrees to comply with ail a'ppitoable state, regional, and local laws, regulations, polices and rules, In addition, Owhd`t furthor agrees to. .cemply with:alf Issued entitlements, permits, licenses, including any and all applicak�6p development standards. Specifically, Owner agrees to comply With all applloakale,prov.ialon� o.f BPMG, 1 ;,2 Ccj�pilande wlth Conditions of Approval, Owner agrees fo comply with 0110' fulfill all aonditi'Qns of opprova,l, for any and alk entiti:emen#, permi'tis, aril/or 11corises 'It receives from the City, All ;c4ndi lbnO of approval for all or�fltloments, permits, an licenses licenses are attached hereto and incorporated herein by this reference, 11;24 Th;e Clty acknpWiedges that t�i`ls STATUTORY AGREEMENT shall be read ca slstert With any statewide or national regllatipn of commercial cannabis that is promulgated 1n the future; either by legislative ;option or voter approval, In the event natlbn l oY statowide regulatlons era p:romulgfed which decriminalize or legalize the adult, s ;of mariJuana"for reoroational use, this.- ATUTORY AGREEMENT shall govern the conduct of the. property linder such future regulations. .21. IN WITNESS WHEREOF, the parties hereto have caused this STATUTORY AGREEMENT to be executed as of the dates written above, CITY OF WIN PARK GREEN HEALTH INDUSTRIES, LC By: ". Manu oz-ano, Mayor aez, President ATTES . C 7t4 `erk APP By: -22- APPROVED AS TO FORM, By: Legal Counsel for Green Health Industries, LLC XH LEGAL, DESCRIPTION OF PROPERTY EXHIBIT A .I. -4 99 MA ON 99M V 1:A I LN 9 1 PM 208-73-76 THAT POR IN TRA 12351 OF LOT 7 LOCATION:41 Brooks Drive APN 1 // SOURCE: "Property Assessment Information System." Los Angeles County Office of the Assessor. LA County I County of Los Angeles, Bureau of Land Management, Esri, HERE, Garmin, INCREMENT P, USGS, EPA, USDA. <http;//maps.assessor.lacounty.gov> June 18, 2018. MAP DEPICTING PROPERTY (TO BE ATTACHED] EXHIBIT B .I. dr 1.` s { 08 i ! I t It At1 I g S � i scj t F+� 4�s j F }y f =E vylt�y�, ATE: April 12, 2018 CANNABIS PERMIT APPLICATION Page 1 of 7 r t This application pertains to a discretionary permit. However, unlike typical " ;`' ,IUE3 OF ` discretionary permits, this application process is a competitive process • Only 15 E applicants will be selected for permit Issuance. All fees paid are nonrefundable { w i regardless of outcome. SAN,GA)2lEt .j VA L EYE"�, r°;' A "non -vesting" Development Agreement will need to be agreed upon In order to receiv'JA �t��� .. and involves a per it, competitive pro cess. "non -vesting" Development Agreement is also discretionary �1rso Clue to. City staffing constraints, Applicants are directed to schedule apppintments ;with the Planning Qivl,�ors to sifbm.lf applications. Otherwise, there is no guarantee that a city planner will be ava11ab!e to take in appile4tions. Applications may not be dropped off without review from a city plprl:er. Further; no mailed car emalle:d applications will be accepted. Business Name:Green HealthJndustrim LLG . _ Business Contact (Individual): —Sigrid Lopaz Business Contact Title:: President Business Contact Mailing Address:; Y - Primary Phone No.: nti ar.apct Emergency Contact Name &Phone Na: Artem K � Y.'..: E-mail: Permit Being Requested: Please mark all applicable boxes below to identify which cannabis operations permits you are seeking through this Cannabis Permit Application. A separate application and fee is not necessary for each category type in which you are submitting an application for consideration. One application and application fee suffices for all categories (e.g., Cultivation and Manufacturing). However, you must include in your application package all the information requested for each category you seek to operate. For example, if you are seeking to JI.Onufacture AND cultivate, you will need to include 'both uses in your Business Plan, Neighbt rh,t_rod Plan, Security Plan, etc. Cultivation: Square Footage: C Manufacturing: Square Footage; ❑ Testing Square Footage; Distribution (Transportation) 16,100 3,000 CANNABIS PERMIT APPLICATION Page 2 of 7 Section A: Primary Background Information (Must be signed by all Principals) Under penalty of perjury,, orid the laws .of the St6te of California, t hereby declare AM acknowledge that l have personal knowledge of the inforiiiatien. stated In this application and that the irformatioit contained herein is true and correct`. I also understand that the infor►�nation, provided in this ap,phcatipn, except th'e Safety and Security Plan in Section C and certain oonfidontlal Information such as,drlver'.s license and social security number which can be redacted, may be public information and subject to disclosure under the California Public Records Act. Principal Name: Siiitl l�olao> Principal Title: President - Principal Home or Cell Phone; -- Principal Horne Address': Principal Signature,` Date: T Attachments: See Atuic calt 1 Receipt of background check and Live Scan X Pictures (2) of applicant (two passport quality photographs 2" x 2") X Copy of Social Security Card XL. Copy of Valid Driver's License, Valid DMV issued ID Card or Valid Passport X Proof of address (DMV-issued ID/driver's license, and/or recent utility bill under Principal's name) Staff use only: Pass background check ❑ Add more pages as necessary to include signatures of all Cannabis Permit Principals (and Landlord, if applicable). 1. List whether the applicant(s) has/have other licenses and/or permits issued to and/or revoked from the applicant in the three years prior to the year of the 'po"rmit application. This list should include. such other licenses and or permits relating to similar business activities as in the permit appicatlori. If applicable, please list the type, current status, issuing/denying for each license/permit. Please attach a separate document to fully explain, if necessary. Not Applicable,. CANNABIS PERMIT APPLICATION Page 3 of 7 2. List any and all partners or principals who have been found guilty of (a) a violent felony, (b) a felony or misdemeanor ''involving fraud, deceit, embezzlement, or moral turpitude, or (c) the illegal use, possession, transportation or distribution (or similar activities) related to controlled substances, as defined in the Federal Controlled Substance Act, with the exception of medical cannabis -related offenses for which the conviction occurred after the passage of the Compassionate Use Act of 1996. Please attach a separate document to fully explain, if necessary, was convicted of a misdemeanor on March 4, 2015, for unlawfully opening a marijuana (medical) business in July of 2014. He had never had such issue before that incident and has not had such an issue W4ce that time - Section B: Business Organizational Structure/Status 1. Describe the commercial cannabis business organizational structure/status; The proposed commercial cannabis business will be opgrwted,rby Green Health Industries LLC a newly formed co yrpany, Articles of O rt:nization and a Sfatcinerlt of Information have been tiled with the California Secretary of State. 2. Attath proof of status, such as articles of Incorporation, by-laws, partnership agreements, and other doo mentation as may be appropriate or required by the City. See Attachment 3 (Articles of Organization) Section C: Commercial Cannabis Business Description and Location 1. Statement of Purpose of Commercial Cannabis Business (a separate sheet may be attached): A2plicant Will operate a medimil marlluana cldtivation and numufacturing business at the ro osed location. Applicant will eventually, in compliance with state oral City of Baldwin Park laws, operate its cultivation and n7ttl►tilitctit iii'x business for recreational use as well, 2. Proposed Location of Business (include APN's): 13460 Brooks Drive, Baldwin Park, CA 91706 APN 8535-024.001, 3. Name and Address of Property Owner::: Horne Pan DcyeloOn"i rit [no. 13640 Brooks Drive, Balciw(n Park,; 4. Name and Address of School Closest to Proposed Location: ;WalnutElementary School 4701 Walnut Street, Baldwin Park, CA 91706 CANNABIS PERMIT APPLICATION Page 4 of 7 5. Description of neighborhood around the proposed location (i.e., surrounding uses, nearby sensitive uses such as churches, schools, parks, or libraries) and transit access to site. A separate sheet may be attached. The proposed_site/building is located in a light industrial business complex at the end of a cul-de-sac of Brooks Drive within a light industrial portion of the City of Baldwin Park it is surrounded by industrial buildings on the east, west and north, There is a utility easement on the south and the backside of a residential nelg or oo more an eet away . ee ttac ment 4. Required Plan Submittals (Plans shall be drawn to scale); 1. Site Plan for each potential location. The Site Plan must be dimensioned and show the entire parcel, Including parking and additional,5tMOtures. See Attachment No. 6, 2. Conceptual Building Elevations if new construction. If existing buildings, include any proposed exterior building alterations if applicable. See Attachment No. 7. 3. Floor Plans, including any proposed interior alterations. See Attachment No. 7, 4. Vicinity Map. It is the Applicant's responsibility to prove to the City that the cannabis operation's location is at Ist'600 feet from all sensitive uses and 50 feet from all residential zones. The measurement is from properly' airspace line to property efrspace line on oo In, lot. Hp.Wgyer, in the case of commercial condominiums, measurement is taken from the airspace property line. See Attachment No. 4. 5. Photos of the site and building(s) from all sides/directions. See Attachment No. 9. Section D: Required Supplemental Information This information is required for this application to be considered complete. Attach the following reports to the application. 0 Neighborhood Compatibility Plan Attachment No. 11. Safety and Security Plan Attachment No. 12. 0 Air Quality Plan Attachment No. 18. Business Plan Attachment No. 10. ❑X Background Check Authorization Form and Live -Scan Request and Receipt * Attachment Nos. 1 B and 213. The applfeant must submit to and pass a complete and thorough; Live Scan and Background Check to be conducted by the Baldwin Park Police Department, All Live Sari and Background Check results must be submitted.to and reviewed and cleared by the �aidwin Park Police Department. * Both must be submitted for State Clearance; ❑ State Clearance by Baldwin Park Police Department CANNABIS PERMIT APPLICATION Page 6_07 Section E: Final Location information Multiple sites per application can be considered. Attach proof of ownership of the site or signed statement from the owner. A signed lease document will also suffice. See Attachment No. 12. Section F: Essential Supplemental Information This information is required and you must submit this as part of meeting the requirements for a completed application. Check the box evidencing that you have submitted and attached to this Application the items described below. ;Suitability of the proposed property: Applicant must demonstrate that the proposed location(s) exceeds all buffer zones established in the Cannabis Ordinance. See Attachment No. 4. X1 Suitability of security plan: The Applicant's security plan must include the presence of security personnel �on pr_iemises or. ;patro}ling the premises twenty-f6i.ir (24) hours pet d iy The Appl}cafit`s. srcuritjr plan, must demonstrate a triethcad to truck, $nl ! monitor inventory so as to prevent theft er diversiot7 of cennobis. The Applicant's security plan must describe.►he enclosed, looker/ fgcllity tti_at will be used to secure or store cannabis when the location;($ open an, 11' e. steps token; to ensuio c nnW$ is not visible to the public. The Applicant's security plan must include measures to prevent the divorsion of cannabis to persons under the age of twenty-one (21). Attachment Nos. 12 and 13. 0 Suitability of business plan and financial record keeping: The Applicant must describe a staffing plan that will provide and ensure safe dispensing, adequate security, theft prevention, and the maintenance of confidential information. Attachments No. 10, 12, 13, 16 and 17. ® Criminal history: Applicant must state that no Manager or Principal of an applicant has any violent or serious felony conviction(s) as specified in Sections 667.5 and 1192.7 of the Penal Code or any felony conviction involving fraud, deceit or embezzlement. Applicant must identify any pending criminal complaint($). The Applicant trl Ist.certify ps a.otridi"tion of maintaifiliicd the permit, that It.wiil not employ any person with any :type of violent col' serious felony convlcti6n(s) 6 specified in secitiof s 67.5 grid 1192.7 `of the Penal Code or any folar7y oonvlatic;n involving fraud, deceit or 0mbezzleiiien't. Applicants must certify as 1. a condition of maintaining the permit that they will not employ as managers or employees any person with any controlled substance related misdemeanor conviction. Applicant certifies to all of the above. Rocjulatory compliance histery: Where an Applicant, its prinb of or mai�aigers own or operate oil7er' b.us'inesses, including medicol cannabis facilities in other jurisdretloiis; Applieat�t must provide a record of any citations, sanctions, investigations, suspensions or ar,y time; in which Ap llcant ha's lied their license, pe'rhilt, registration or authorization revoked for any reason, including criminal, patient safety, workplace safety, wage and hour; discrim)nation. Applicant must identify whether it has had a permit or l;cerise_-revoked by any city or the State of California. Applicants must also identify any administrative penalties assessed against their business. Not applicable. Good legal standing: Applicant must oeikify tha tI Cultivation and/or Manufacturing facility, including its prirci}3als and rnaraget's' acting ln'thnr own:6ffle)al capacities, have not violated any local, state or federal tax, environrribntal, consumer protection, food safety, workplace safety, discrimination, human rights, employM01, labor or other laws relevant to the"operation of a cannabis business in the state. See Attachrrlent l�lo. 1 �' X1 Commun'Jty:engage orit': Applioei7ts should Identify any involvement in the community, other non=profit associatibr7, or nei ., borhood association Applicant should identify the peroent ge of employees it guarantees will be hired from the City of 'uldw16 .ark, if any. Applicant should identify if it is a minority - owned business. Applicant should have.a comprehensive strategy to recruit, hire, promote and train a diverse workforce, Including women, people of color, veterans, people with disabilities, LGBTQ individuals and immigrants, gee Attachment Nos. 15 and 16. CANNABIS PERMIT APPLICATION Page 2 of 7 Section A: Primary Background Information (Must be signed by all Principals) Under penalty of perjury, and the laws of the State of California, I hereby declare and acknowledge that I have personal knowledge of the information stated in this application and that the information contained herein is true and correct. I also understand that the information provided in this application, except the Safety and Security Plan In Section C and certain confidential information such as driver's license and social security number which can be redacted, may be public information and subject to disclosure under the California Public Records Act. Principal Name, Artem Karapetyan _ _ - Principal Title: Manager - Principal Home or Cell Phone Principal Home Address; Principal Signature: il'7 Date. a Attachments: See Attachment 2. Receipt of background check and Live Scan X_ Pictures (2) of applicant (two passport quality photographs 2" x 2") X Copy of Social Security Card X Copy of Valid Driver's License, Valid DMV issued ID Card or Valid Passport X Proof of address (DMV-issued ID/driver's license, and/or recent utility bill under Principal's name) Staff use only; Pass background check ❑ Add more pages as necessary to include signatures of all Cannabis Permit Principals (and Landlord, if applicable). 1. List whether the applicant(s) has/have other licenses and/or permits issued to and/or revoked from the applicant in the three years prior to the year of the permit application. This list should include such other licenses and or permits relating to similar business activities as in the permit application. If applicable, please list the type, current status, issuing/denying for each license/permit. Please attach a separate document to fully explain, if necessary. CANNABIS PERMIT APPLICATION Page 6 of 7 X❑ Environmental impact: Application should indicate if the business uses renewable energy sources, Attachnnerit No. 14. 0 Labor relations: Applicant shall state whether it provides employer -paid health insurance benefits for its employees as required by state and/or federal law. Applicant must establish that it provides equipment, standards and procedures for the safe operation of its facilities and engages employees on best practices. Applicant should identify if it provides training and educational opportunities for employee development. Applicant must certify that neither it nor its Principals have any previous record of violating federal or state laws relating to workplace safety, wages and compensation, discrimination, or union activity. Attachment Nos, 10, 13 and 16. EXIMItIgation fees: The mitigation fee the business is willing to pay to the City must be included in the Development Agreement. A separate fee shall be identified for each cannabis operation category (i,e., Cultivation, Manufacturing, Testing, and Distribution/Transportation). The fee for cultivation will be calculated based on squa,r foot - - , The fee for other categories shall be proposed by each ap�i�ca'tI Mitigation fees will be nOb�6tjft- d with staff and included in the Development Aged .en4. Are you willing to voluntarily donate $50,000 to the City of Baldwin Park towards the salary of one Police Officer? yes. Section G: Fees Please attach a cashier's check or money order made payable to the "City of Baldwin Park" for the following fees: M LiveScan fee: $48.00 ❑X Background check fee: $937.50 IN Cannabis Permit Application/Development Agreement Fee: $2,857.50 Staff use only: Date of initial application: Number assigned to appli Date fee received: A ration: Date application reviewed., Date Proof of ownership was verified or a signed and notarized statement from the property owner was received; Planning Division ❑ Incomplete Application ❑ Complete Application Cannabis Subcommittee ❑ NOT In Compliance with Cannabis Ordinance Locational Criteria CANNABIS PERMIT APPLICATION Page 7 of 7 ❑ In Compliance with Cannabis Ordinance Locational Criteria ❑ Not Recommended for Council Consideration ❑ Recommended for Council Consideration LOCATION: CASE NUMBER: DATE: Vicinity Map 13460 Brooks Drive CCA 23-03 December 6, 2023 ITEM NO. 12 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, City Manager Shirley Quinones, Chief Deputy City Clerk DATE: December 6, 2023 SUBJECT: Approve and Adopt Resolution No. 2023-044 casting its votes for the Water Quality Authority (WQA) Board Member Representing Cities without Pumping Rights SUMMARY This report seeks City Council approval in adopting Resolution No. 2023-044, casting their full votes for Valerie Munoz to represent cities without prescriptive pumping rights on the Board of the San Gabriel Basin Water Quality Authority. RECOMMENDATION It is recommended that the City Council approve and adopt Resolution No. 2023-044 entitled, " A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BAL:DWIN PARK, CALI:FORNIA, CASTING IT VOTE(S) FOR. COUNCILMEMBER VALERIE MUNOZ TO REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS ON THE :BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY". FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND The San Gabriel Basin Water Quality Authority's (WQA) mission is to coordinate, plan and implement groundwater quality management programs to efficiently remediate groundwater contamination and assist in preventing future contamination. The WQA is under the direction and leadership of a seven -member board, one member from an overlying municipal water district, one from a city with water pumping rights and one from a city without water pumping rights and two representing water purveyors. On November 14, 2018, the City Council previously supported Valerie Munoz from the City of La Puente to serve as the Board Member representing cities without pumping rights, her term expires on January 1, 2024. The WQA is holding an election on December 19, 2023, for a board member and alternate for cities without pumping rights. The WQA provided a list of nominees with two candidates, listed in the order of which nominations were received by WQA: • Margaret Clark, City of Rosemead • Valerie Munoz, City of La Puente The attached resolution would cast the City's vote for Valerie Munoz. Once the resolution is adopted, a certified copy will be mailed to the WQA. Page 1 / 2 The City Council may choose to direct staff according to one of the following alternatives: 1) Choose not to cast their votes for Valerie Munoz. 2) Choose to cast their votes for Margaret Clark. LEGAL REVIEW Not Applicable. ATTACHMENTS 1. Resolution No. 2023-044 2. Letter from San Gabriel Basin Water Quality Authority Page 2/2 RESOLUTION NO. 2023-044 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, CASTING IT VOTE(S) FOR COUNCILMEMBER VALERIE MUNOZ TO REPRESENT CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS ON THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY WHEREAS, on September 22, 1992, Senate Bill 1679 was signed into law by Governor Pete Wilson authorizing the creation of the San Gabriel Basin Water Quality Authority; and WHEREAS, the Board of the San Gabriel Basin Water Quality Authority is composed of seven members with three appointed members from each of the three municipal water districts, one elected city council person from cities in the San Gabriel Basin with prescriptive pumping rights, and one elected city council person from cities in the San Gabriel Basin without prescriptive pumping rights, and two appointed members representing water producers in the San Gabriel Basin; and WHEREAS, the City of Baldwin Park is one of the cities in the San Gabriel Basin without prescriptive pumping rights; and WHEREAS, the City of Baldwin Park -may cast its vote(s) for a representative by resolution and delivered to the San Gabriel Basin Water Quality Authority no later than December 19, 2023 at 12:00 p.m. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA DOES FIND, DETERMINE AND RESOLVE AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park casts its full vote(s) for Councilmember Valerie Munoz as the representative for cities in the San Gabriel Basin without prescriptive pumping rights. Resolution No. 2023-031 Page 2 of 2 PASSED, APPROVED, AND ADOPTED this 6tn day of December, 2023. EMMANUEL J. ESTRADA MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2023-044 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 6, 2023 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: CHRISTOPHER SAENZ CITY CLERK San Gabriel Basin Water Quality Authority 1720W.Cameron Avenue, Suite 100,Nvest Covina, CA 91790 - 626-338-5555 - Fax 626-338-5775 OFFICE OF THE CITY CLERK October 30, 2023 OCTI 1 2023 RECEIVED RE: ELECTION FOR WQA BOA—R-DMEMBER AND ALTERNATE REPRESENTING CITIES WITHOUT WATER PRESCRIPTIVE PUMPING RIGHTS Dear City Manager: The nomination period for the election of the WQA board member and alternate representing cities without prescriptive water pumping rights was closed on October 19,2023 at 5:00 p.m, Enclosed is an election ballot, a sample resolution, a list of nominees, and a list of cities without prescriptive pumping rights and the number of votes each is entitled. Each city may cast their votes for only !1ne of the listed nominees in the form of a resolution, The resolution must be received at 1720 W. Cameron Ave, Suite 100, West Covina, CA 91790 or by email to ste - han ie m, by December 19, 2023 at 12:00 p.m. py_)wcacoiq Our office hours are Monday through Thursday 8:00 am. to 12:00 p.m. and 1:00 p.m. to 5:00 p.m. Votes will be officially counted during the Water Quality Authority's regular meeting on December 20, 2023 at 12.00 p,m. Each city has one vote for each 10,000 residents or majority thereof, as determined by the 2020 U.S. census data. The enclosed ballot indicates the number of votes your city may cast. Please note that a city must cast all of their votes to only one candidate and cannot split their votes. Please also note that a city is not limited to gating for its own city council members and that a city may vote in an election whether or not it nominated a candidate. If you should have any questions, please contact me at (626) 338-5555 or by email at aLev-11111-11—ic &W-11va-a--coill Since Stcpie Yoreno San Gabriel Basin Water Quality Authority ,Sty )hanie(&%vqa,coni Enclosures San Gabriel Basin Water Quality Authority . ....... .. 1720 NV, Cameron Avenue, Suite 100, West Covina, CA 91790 - 626-338-5555 Fax 626-338-5775 ELECTION OF CITY MEMBERS AND ALTERNATES FROM CITIES WITHOUT PRESCRIPTIVE PUMPING RIG14TS TO THE BOARD OF THE SAN GABRIEL BASIN WATER QUALITY AUTHORITY PURSUANT TO SB 1679 TO THE CITY COUNCIL: The following candidates have been duly nominated by qualified cities for the office of city member and alternate of the Board of the San Gabriel Basin Water Quality Authority ("the Authority") from cities without prescriptive pumping rights. The election of the city member and alternate will take place at an adjourned meeting of the Board of the Authority set for December 20, 2023, at 12:00 p.m., at 1720 W. Cameron Ave., Suite 100, West Covina, California. Your city may cast its votes for one candidate by resolution of the city council, The number of votes to which your city is entitled, based upon population, is set forth above. The resolution of the city council casting its votes must be sent to the Authority by December 19, 2023 at 12:00 p.m. or may not be counted. This Ballot may accompany the resolution of the city council casting its votes for city member and alternate from cities without prescriptive pumping rights. San Gabriel Basin Water Quality Authority 1720 NV, Cameron Awnue, Suite 100, West Covina, CA 91790 - 6269338-5555 - Fax 626-338-5775 ELECTION FOR WQA BOARD MEMBER AND ALTERNATE MEMBER REPRESENTING CITIES WITHOUT PRESCRIPTIVE PUMPING RIGHTS umll ir 11,11111111 ii! 11 1 �� - (In the order in which they were received) Name Nominated,, m1mu"1111, Lm1FmmW'.Lm= WrAw-TIMMU, Tr",.VTR?T.= 2020 US Census Data 202.Oftpulation--!��� wom LVC I i E= I determined by the most recent U. S. decennial census data. ITEM NO. 13 -4/1 31014111� Honorable Mayor and Members of the City Council Ron Garcia, Director of Community Development Victor Viramontes, Management Analyst December 6, 2023 Susan Rubio Zocalo Park Retail Tenant Search Update. SUMMARY The purpose of this staff report is to provide City Council with an update on the search for a tenant(s) for the retail building currently under construction at Susan Rubio Zocalo Park. RECOMMENDATION Staff recommends that the City Council receive and file this report. FISCAL IMPACT There is no fiscal impact. BACKGROUND On August 16, 2023, City Council directed staff to begin marketing the retail building that will be part of the Susan Rubio Zocalo Park that is currently under construction. Since then, staff has developed a marketing flyer, a list of potential targets and a Leasing Interest form. Food uses with successful track records with local following were primarily targeted. Staff targeted the following businesses that would be complementary to the park: • Movita mice Bar • Acai Coint • C & R Fresh Foods • 7 Leaves CafC • Big Ds in Whittier • One Veg World • II Gusto (Gelato) • Papas Best Sandwiches • Tierra Mia • The Artist Pizzeria & More . Edna Vees Public House • Cafe Valer • La Monarca • Ground Up Coffee • Mariachi Bakery • Caramelo CafC • Chismosa Caf❑ • La Cocinita • Mi Lindo Oaxaca • Local Brewery • Vaca Brunch Staff made outreach efforts to the businesses including visiting, delivering a marketing flyer, and e-mailing the flyer to the business owners. Several of the businesses expressed interest including Cafe Valer submitting a completed Leasing Interest form and site visit from a local Brewery. Discussion items with the prospective businesses included incentives such as assistance with tenant improvements, deferred leasing payments, and assistance with signage. LEGAL REVIEW The item does not require a legal review. ATTACHMENT None. Page 1 / 1 ITEM NO. 14 TO: Honorable Mayor and Members of the City Council HU�OF� FROM: Sam Gutierrez, Director of Public Works 5ANaiE�� PREPARED BY: Bernardo Navarrete, Engineer Assistant co �.VAL�EY �a DATE: December 6, 2023 SUBJECT: Consideration for Approval Memorandum of Agreement (MOA) between the San Gabriel Valley Council of Governments (SGVCOG), Heart of Compassion Distribution, and the City of La Canada Flintridge Participating in the Food Recovery Hub Program SUMMARY This item requests City Council approval of a Memorandum of Agreement (MOA) with the San Gabriel Valley Council of Governments (SGVCOG), Heart of Compassion Distribution, and the City of La Canada Flintridge participating in the Food Recovery Hub Program establishing a transfer of ownership of purchased equipment and associated responsibilities for all parties involved. RECOMMENDATION It is Staff s recommendation that the City Council: 1. Authorize the Chief Executive Officer to execute the MOA between the City of Baldwin Park, SGVCOG, City of La Canada Flintridge, and the Heart of Compassion Distribution to establish a purchase equipment transfer of ownership and associated responsibilities for all parties; and, 2. Authorize the Director of Public Works to process the necessary documents. FISCAL IMPACT There is no impact on the General Fund. Participation in the Regional Food Recovery Program expansion is funded by the City's awarded funds from Ca1:Recycle's SB 1383 Local Assistance Grant Program. There is no appropriation being requested as the cost for the equipment will not exceed the amount established in the existing MOA as approved by the City Council on June 20, 2022. BACKGROUND In September 2016, the passage of Senate Bill 1383 established statewide targets to reduce the disposal of organic waste from landfills and increase recovery of currently disposed edible food for human consumption. To recover 20 percent of edible food that would otherwise be sent to landfills by 2025, SB 1383 requires local jurisdictions to establish food recovery programs and strengthen their existing food recovery networks. In Spring 2022, the City was awarded Round One SB 1383 Local Assistance Grant funding from CalRecycle in the amount of $108,044. This non-competitive grant program provides funding to local jurisdictions to assist with implementation of regulation requirements associated with SB 1383. City Staff are working with the SGVCOG to provide a regional approach for SB 1383 compliance. The Regional Food Recover Program was established to help member agencies comply with SB 1383's food recovery mandates and reduce food waste in the San Gabriel Valley. The program assesses commercial edible food waste generators, Page 1 / 2 identifies, and fosters partnerships with local food recovery organizations, implements outreach and education endeavors, and develops and implements inspection protocols. In July 2022, City Council approved and executed a Memorandum of Agreement (MOA) with SGVCOG for participation in the Program. Per the allocated $108,044 grant funding, $78,000 was earmarked to provide additional support to the :Regional Food Recovery Program, and $30,000 was retained to provide support for the City's SB 1383 outreach program. Per the MOA, the SGVCOG would utilize a portion of the City's CalRecyle Local Assistance Grant funds allocation for the purchase of equipment that will be used to increase the capacity of local food organizations to recover edible food waste. As a conformance requirement with CalRecycle's grant guidelines, it was noted that Cities must own purchased equipment and that it be assigned to one of the participating Cities. As a result, the existing MOA was amended and approved by City Council on September 6, 2023. DISCUSSION At the time of amending the MOA it was indicated by Staff that a subsequent agreement would be required which established equipment ownership and associated responsibilities amongst the participating jurisdictions involved. The equipment purchased will provide support to a subregional food recovery hub, namely the Heart of Compassion Distribution, which currently facilitates recovery of food from edible food generators (EFGs) in the participating cities, and provides food to people who live in, and nearby, those cities. Heart of Compassion focuses on recovering and donating edible food and developing the food recovery network in the participating cities as specified by the SGVCOG. Heart of Compassion shall utilize the equipment purchased by the SGVCOG to increase perishable food storage and distribution capacity through equipment such as forklifts, pallet jacks and trojan batteries. CalRecycle grant guidelines, however, specify that one of the participating cities must own equipment purchased using grant funds, but may transfer such ownership to the Grantee by way of written agreement. It is Staff s recommendation to approve and execute the proposed MOA to better align with CalRecycle's grant guidelines to establish a joint effort agreement amongst the participating jurisdictions involved and facilitate the transfer of ownership of the equipment to the Grantee. ALTERNATIVES City Council may choose not to accept this MOA and provide staff with alternate direction for further coordination with the various jurisdictions. CEQA REVIEW The action being considered by the city council is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" under section 15378(b)(5) of CEQA guidelines. The action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Food Recovery Hub Memorandum of Agreement Page 2/2 MEMORANDUM OF AGREEMENT FOOD RECOVERY HUB PROGRAM MEMORANDUM OF AGREEMENT BETWEEN HEART OF COMPASSION DISTRIBUTION, THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS, THE CITY OF BALDWIN PARK, AND THE CITY OF LA CANADA FLINTRIDGE This Memorandum of Agreement ("MOA") is by and between Heart of Compassion Distribution ("Grantee"), the San Gabriel Valley Council of Governments, a joint power authority ("SGVCOG"), the City of Baldwin Park, a municipal corporation, and the City of La Canada Flintridge, a municipal corporation, to be effective as of the date signed by all Parties. Collectively, the City of Baldwin Park and the City of La Canada Flintridge are referred to as the "Cities". RECITALS: A. The passage of SB 1383 (Lara, 2016) implemented statewide targets to reduce statewide disposal of organic waste and increase recovery of currently disposed edible food for human. consumption. Specifically, SB 1383 aims to recover at least 20% of currently disposed edible food for human consumption by 2025. B. To recover 20% of edible food that would otherwise be sent to landfills by 2025, SB 1383 requires local jurisdictions to establish food recovery programs and strengthen their existing food recovery networks. C. The SGVCOG was established to have a unified voice to maximize resources and advocate for regional and member interests to improve the quality of life in the San Gabriel Valley by the member cities and other local governmental agencies and has established and is administering a Regional Food Recovery Program alongside several member cities. D. To assist cities in complying with SB 1383's edible food waste regulations, the SGVCOG administered a grant program to select subregional food recovery hubs. The hubs will expand regional food recovery efforts to recover additional surplus food for distribution and/or redistribution to smaller organizations and community members facing food insecurity. E. The Grantee applied to SGVCOG's grant program to implement the project as described in Exhibit "A", which is attached hereto and incorporated herein by reference (the "Project"). F. Participating cities were awarded funding from the California Department of Resources Recycling and Recovery's (CalRecycle) SB 1.383 Local Assistance Grant Program and have allocated a portion of their funding to the SGVCOG to support the development of hubs. CalRecycle grant guidelines specify that one of the participating cities must own equipment purchased using grant funds, but may transfer such ownership to the Grantee by way of written agreement. G. The Grantee, SGVCOG, and Cities desire to set forth the terms of their Project responsibilities under this MOA and transfer ownership of the equipment from the City to the Grantee. Food Recovery MOA NOW, THEREFORE, the Parties agree to the following: I. TERM: The MOA shall take effect as from the date of signing by the Parties, with a term of four (4) years. The term of this MOA may be extended by mutual agreement of all Parties by way of an amendment to this MOA. II. RESPONSIBILITIES OF EACH OF THE PARTIES: A. SGVCOG's Responsibilities 1. Review submitted deliverables, reports, and invoices from the Grantee and notify Grantee as to any additional documents that are required. 2. Manage reporting schedules and deadlines. 3. Coordinate conference calls and meetings with the Cities and Grantee as necessary. 4. Coordinate regional food recovery efforts with the Cities and Grantee and other grantees which are participating in SGVCOG's regional food recovery program. 5. Purchase equipment that is identified in. Exhibit "A" (the "Equipment") and assign ownership of Equipment to the Cities at no cost. 6. Provide payment to the Grantee for eligible expenses within 30 days of approval of Grantee's invoice. 7. Retain $59,248 to purchase equipment that is identified in Exhibit "A" (the "Equipment") and assign ownership of Equipment to the City at no cost. 8. Upon receipt of a proper invoice, reimburse the Grantee up to a not to exceed amount of $8,752, as described in the budget attached as Exhibit B (the "Project Budget") for expenditures that are in compliance with the Project scope of work. 9. Perform other responsibilities as set forth in this MOA. B. Cities' Responsibilities 1. Assign its ownership rights to the Equipment to the Grantee at no cost in accordance with this MOA. 2. Cooperate with the SGVCOG in implementing the Project. 3. Participate in scheduled conference calls and meetings with the SGVCOG and Grantee and other stakeholders. 4. Notify SGVCOG prior to releasing press materials related to the Project. 5. Perform other responsibilities as set forth in this MOA. C. Grantee's Responsibilities 1. Implement the Project in compliance with this MOA and applicable local and State food recovery laws and requirements, including, but not limited to SB 1.383. 2. Expend funds on goods and services consistent with the Project scope of work and Project Budget. 3. Participate in and contribute to SGVCOG's food recovery efforts. Food Recovery MOA 4. Participate in scheduled conference calls and meetings with the SGVCOG, the Cities, and other stakeholders. 5. Timely respond to SGVCOG and Cities requests related to the Project, including those related to the Grantee's activities in SGVCOG's food recovery efforts. 6. Submit expenditures of greater than $1,000 to the SGVCOG for pre -approval, as indicated in the Project scope of work. 7. Maintain and repair Equipment. 8. Utilize Equipment throughout the term of this MOA. 9. Notify SGVCOG prior to releasing press materials related to the Project. 10. Submit detailed invoices, reports, and deliverables to the SGVCOG in accordance with the Project and Budget. 11. Consistent with this MOA, ensure that all funding is expended by the end of the MOA term and, if not, inform the SGVCOG as soon as practicable of delays in expending the funds. The SGVCOG reserves the right to retain any funds that it deems will not be spent in accordance with this MOA by the end of the MOA term. 12. Reimburse the SGVCOG for payments the SGVCOG has made to Grantee for Grantee expenditures that are later determined by the SGVCOG to be not in compliance with the Project scope of work or Project Budget. 13. Perform other responsibilities as set forth in this MOA. III. INELIGIBLE EXPENSES A. Work that is budgeted, but funded by another source. B. Work not completed during the term of this MOA, including work performed prior to the effective date of this MOA. C. Purchase of food. D. Purchase or lease of land or buildings. E. Advocacy and lobbying. F. Grant preparation. G. Any other activities or expenditures not set forth in Exhibit A or Exhibit B. IV. EQUIPMENT A. The SGVCOG shall purchase the Equipment. Upon such purchase and delivery to Grantee's possession, the SGVCOG and the Cities assign all rights they have to ownership of the Equipment and any warranties thereunder to the Grantee. In making this assignment the SGVCOG and the Cities make no guaranty as to the quality of the Equipment, its merchantability and/or whether it will function for its intended purpose. Upon the Grantee taking ownership of the Equipment, the SGVCOG and the Cities shall have no liability to each other or to the Grantee for any claims, actions, damages arising out of the use of the Equipment by Grantee or any malfunction of the Equipment. In accepting this assignment of ownership of the Equipment, the Grantee shall assume all of the Cities' and the SGVCOG's rights, duties, liabilities, and obligations for the Equipment. Notwithstanding the foregoing, to the extent the Project Budget provides funds for Equipment maintenance or repair, the SGVCOG shall pay Food Recovery MOA for such repair upon receipt of an appropriate invoice from Grantee during the term of this MOA. B. At all times during Grantee's possession of the Equipment, the Grantee shall be solely responsible for maintenance and repair of the Equipment and shall take all reasonable steps to maintain and repair the Equipment so that it remains in good working order and to pay the costs thereof, provided that Grantee may be reimbursed for such maintenance and repair to the extent provided in the Project Budget. Grantee shall use the Equipment solely for Project purposes during the Term of this MOA. In the event Grantee does not utilize the Equipment or piece thereof during the Term of this MOA, Grantee shall reimburse the SGVCOG the depreciated value of the Equipment. The depreciated value shall be calculated by the following formula: (Equipment cost _ 4) X remaining MOA Term expressed in years or fractions thereof. By way of example if a piece of equipment cost $1.0,000 and there was 1 year and 6 months left in the MOA term, the depreciated value would be calculated as follows: ($10,000 - 4 = $2,500) x 1.5 = $3,750. V. INVOICING A. Grantee must submit invoices on a monthly basis, no later than the tenth (10t') day of each month, in accordance with the schedule in Exhibit B. Grantee must provide all necessary documentation, including but not limited to timesheets, invoices, and deliverables, as support for the invoice. Invoice must include all work completed during the previous month. Grantee's final invoice shall be submitted within twenty (20) days after the end of the MOA term. B. Grantee must submit a monthly report with the invoice indicating outcomes during the invoicing period, consistent with a format approved by the SGVCOG. C. All reimbursable expenditures must be incurred by April 30, 2024, and an invoice must be received by the SGVCOG within 20 days thereof, i.e., by May 20, 2024. Any invoice received after that date for otherwise reimbursable expenditures shall not be paid. VI. AMENDMENTS A. For any change which materially affects the Project scope of work, or in any way modifies any term or condition included under this MOA, a written amendment to the MOA shall be prepared and executed by the Grantee, the Cities and the SGVCOG for such change to be effective. B. Minor changes to the Project scope of work or Project Budget that shift funds among approved categories may be approved by the SGVCOG's Project Manager, who shall in writing and in his or her reasonable discretion determine whether the change is minor. Any increase in the not to exceed amount of this MOA shall require a written amendment. VII. PROJECT MANAGEMENT A. For purposes of this MOA, the SGVCOG designates the following individual as its Project Manager to which any notices required under this MOA shall be sent: Food Recovery MOA Mackenzie Bolger Senior Management Analyst San Gabriel Valley Council of Governments 1333 S. Mayflower Avenue, Suite 360 Monrovia, CA 91016 mbolger@sgvcog.org B. For purposes of this MOA, the Grantee designates the following individual as its Project Manager to which any notices required under this MOA shall be sent: Melissa Lomenzo Heart of Compassion Distribution 600 S. Maple Ave. Montebello, CA 90640 socialmediara)heartofco i iassionca,o Christina Strickling Controller Heart of Compassion Distribution 600 S. Maple Ave. Montebello, CA 90640 info L&heartofcompassionc4.org C. For purposes of this MOA, the Cities designate the following individuals as the Project Managers to which any notices required under this MOA shall be sent: To City of Baldwin Park: Sam Gutierrez Director of Public Works 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011, ext 460 si4utierrez(&baIdwInryark.c0M To City of La Cafiada Flintridge: Patrick V. DeChellis Director of Public Works One Civic Center Drive La Cahada Flintridge, CA 91011 (818) 790-8882 pdechellis@lcf.ca.gov Food Recovery MOA D. Additional Parties' contacts and copies of notices to whom shall be sent include the following individuals: To SGVCOG: Marisa Creter Executive Director San Gabriel Valley Council of Governments 1333 S. Mayflower Avenue, Suite 360 Monrovia, CA 91016 Mcreter pis vco .or To City of Baldwin Park: Enrique C. Zaldivar, PE Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 813-5204 ezaldivar &baldwinpark.com To City of La Canada Flintridge: Daniel Jordan City Manager One Civic Center Drive La Canada Flintridge, CA 91011 djordan@lc£ca.gov Joshua Jeffrey Management Analyst One Civic Center Drive La Canada Flintridge, CA 91011 Jeffrey@lcica.gov E. All notices required herein shall be sent by email, except for a notice of termination, default, or failure to cure, which shall be sent by certified mail, postage pre -paid, return receipt requested. Either Party may change its Project Manager or contact upon written notice to the other Party and shall promptly update the other Party in writing of any such changes. VIII. TERMINATION A. This MOA may be terminated by the SGVCOG as to the Grantee at any time without cause. Termination will occur 30 days after written notice is issued to Cities' and Grantee's Project Managers. The Grantee shall stop work and not incur any additional Food Recovery MOA expenses upon receipt of or issuance of such notice, except that which is reasonable and necessary to effectuate the termination. The Grantee shall be entitled to reimbursement for eligible expenses that are reasonably and necessarily incurred up to the date that such termination is effective. Within 15 days of receipt of the SGVCOG's written notice, Grantee may, at its election and in writing, pay to the SGVCOG the depreciated value of the equipment as of the effective date of the termination and keep the equipment or return the equipment. If the equipment is to be returned, it shall be returned in good working order, normal wear and tear excepted. The SGVCOG shall provide direction as to where the equipment is to be returned. B. This MOA may be terminated for cause at any time for a material default by one of the Parties upon written notice to the other two Parties. Prior to such termination, the non - defaulting Party shall notify the defaulting Parry and the other Party of the action or non -action constituting the material default. The defaulting Party or other Party shall have 10 business days in which to cure the default. If the default cannot be reasonably cured within 10 days, the defaulting shall commence the cure within the 10 business days and work promptly to cure the default within in a reasonable time, but in no event, more than 30 calendar days. If not cured to the reasonable satisfaction of the non - defaulting Party issuing the written notice within such time periods, the non -defaulting Party shall provide notice of the failure to cure to the other Parties and the MOA shall terminate three days after the date the notice is deposited in the U.S. Mail, unless otherwise stated at a later time in the written notice. IX. INDEMNITY A. To the greatest extent permitted by law, Grantee agrees to defend, indemnify, and hold harmless the SGVCOG, its member agencies, including the Cities, and their respective elected and appointed boards, officials, officers, agents, employees, members, and volunteers (the "Agency Indemnitees"), at Grantee's sole expense, from and against any and all liability, loss, damage, cost, claims, actions, suits, or other legal proceedings of every nature (collectively, "Claims") brought against the Agency Indemnitees arising out of or relating to the acts or omissions of Grantee in connection with this MOA, with counsel reasonably acceptable to the SGVCOG and the Cities. Grantee's duty to defend, indemnify, and hold free and harmless the Agency Indemnitees shall also apply to any Claims arising out Grantee's use of the Equipment during the term of the MOA or thereafter, if Grantee owns the Equipment. Should Grantee refuse to provide a defense for the Agency Indemnities upon written demand by the SGVCOG and/or Cities to do so, or do so with a reservation of rights, the SGVCOG and/or Cities may choose to provide its own defense, and Grantee shall be liable for all costs incurred in doing so, including, but not limited to, any judgment determined to be covered by Grantee's obligations herein. B. SGVCOG agrees to defend, indemnify, and hold free and harmless the Cities, its officers, employees, agents, and volunteers ("Cities Indemnitees"), at SGVCOG's sole expense, from and against any and all Claims brought against the Cities Indemnitees Food Recovery MOA arising out of or relating to the acts or omissions of SGVCOG in connection with this MOA. C. Cities agrees to defend, indemnify, and hold free and harmless the SGVCOG, its member agencies, and their officers, employees, agents, and volunteers ("SGVCOG Indemnitees"), at Cities' sole expense, from and against any and all Claims arising out of or relating to the acts or omissions of Cities in connection with this MOA. D. The provisions of this Article IX shall survive termination of this MOA. X. INSURANCE A. Cities and SGVCOG shall each maintain and keep in full force and effect during the term of this MOA insurance or a program of self-insurance against claims for injuries to persons or damages to property which may arise in connection with their respective performance of obligations hereunder. B. Grantee shall procure and maintain, at its own cost and expense and for the duration of this MOA, the insurance coverage as set forth herein and the provisions applicable thereon shall survive the term of this MOA. All insurance policies shall be subject to approval by SGVCOG and Cities as to form and content. These requirements are subject to amendment or waiver if approved in writing by the SGVCOG and the Cities. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-VII and licensed to do business in the State of California. Grantee shall provide the following scope and limits of insurance: 1. Coverage shall be at least as broad as Insurance Services Office form Commercial General Liability coverage (Occurrence Form CG 0001) and Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, including code 1 "any auto" and endorsement CA 0025, or equivalent forms subject to the written approval of the SGVCOG. 2. General Liability: $2,000,000 minimum limit written on an occurrence basis for bodily injury, death, and property damage. 3. Automobile Liability: $1,000,000 minimum limit written on an occurrence basis for bodily injury, death, and property damage. 4. Workers' Compensation and Employer's Liability: Workers' Compensation as required by the Labor Code of the State of California and Employers Liability limits of $1,000,000 per accident. 5. Each general liability and automotive liability insurance policy shall provide that the coverage shall not be non -renewed, cancelled or reduced by the insurer or Grantee except after at least ten (10) days' prior written notice by certified mail, return receipt requested, has been given to the SGVCOG and the Cities. As soon as Grantee becomes aware, it shall provide to SGVCOG and the Cities notice of suspension or voiding of any coverage or reduction in coverage which results in Grantee not meeting the minimum requirements set forth in this MOA. Food Recovery MOA 6. The Agency Indemnitees shall be named as additional insureds on all policies of general liability, property damage, and automotive liability insurance for all work performed by Grantee under this MOA. The coverage shall contain no special limitations on the scope of protection afforded to the Agency Indemnitees. 7. Grantee's insurance coverage shall be primary insurance with respect to the Agency Indemnitees. 8. Unless the SGVCOG and Cities otherwise agree in writing, the insurer shall agree to waive all rights of subrogation against the Agency Indemnitees for losses arising from services performed by Grantee. 9. Grantee agrees to deposit with SGVCOG and the Cities, at or before the performance of any services under this MOA, certificates of insurance and additional insured endorsements or a copy of the policy evidencing same, necessary to satisfy SGVCOG and the Cities that Grantee has complied with the insurance provisions of this MOA. The certificates and endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. SGVCOG and the Cities reserve the right to inspect complete, certified copies of all required insurance policies, at any time. A. No Partnership. This MOA is not intended to be, and shall not be construed as, an agreement to form a partnership, agency relationship, or a joint venture between the Parties. Except as otherwise specifically provided in the MOA, neither Party shall be authorized to act as an agent of or otherwise to represent the other Party. B. Entire MOA. This MOA constitutes the entire understanding between the Parties with respect to the subject matter herein and supersedes any and all other prior writings and oral negotiations. This MOA may be modified only in writing and signed by the Parties in interest at the time of such modification. C. Governing Law. This MOA shall be governed by and construed under California law and any applicable federal law without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this MOA, the Parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. D. Excusable Delays. Neither Party shall be considered in default in the performance of its obligations hereunder to the extent that the performance of any such obligation is prevented or delayed by unforeseen causes including acts of God, floods, earthquakes, fires, acts of a public enemy, pandemic, epidemic, and government acts beyond the control and without fault or negligence of the affected Party. Each Party hereto shall give notice promptly to the other of the nature and extent of any such circumstances claimed to delay, hinder, or prevent performance of any obligations under this MOA. Food Recovery MOA E. Waiver. Waiver by any Party to this MOA of any term, condition, or covenant of this MOA shall not constitute a waiver of any other term, condition, or covenant. No waiver of any provision of this MOA shall be effective unless in writing and signed by a duly authorized representative of the Party against whom enforcement of a waiver is sought. F. Headings. The section headings contained in this MOA are for convenience and identification only and shall not be deemed to limit or define the contents to which they relate. G. Assi ng ment. Except for an assignment of the Equipment as provided in this MOA, neither Party may assign its interest in this MOA, or any part thereof, without the prior written consent of the other Party. Any assignment without consent shall be void and unenforceable. H. Severability. If any provision of this MOA is held by a court of competent jurisdiction to be invalid, void, or unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. I. Authority to Execute. The person executing this MOA on behalf of a Party warrant that they are duly authorized to execute this MOA on behalf of said Party, and that by doing so said Party is formally bound to the provisions of this MOA. J. Counterparts. This MOA may be executed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. K. Electronic Signatures. This MOA may be executed with electronic signatures in accordance with Government Code Section 16.5. Such electronic signatures will be treated in all respects as having the same effect as an original signature. [Signature page to follow] Food Recovery MOA In witness whereof, the Parties enter into this MOA on the date of last execution by the Parties. FOR HEART OF COMPASSION DISTRIBUTION By: By: Eric Tietze Melissa Lomenzo President Admin Date: Date: By: jTA I a a WAI 1%1j Enrique C. Zaldivar, PE Chief Executive Officer Date: FOR CITY OF LA CA&ADA FLINTRIDGE By: Daniel Jordan City Manager Date: FOR THE SAN GABRIEL VALLEY COUNCIL OF GOVERNMENTS By: Marisa Creter Executive Director Date: APPROVED AS TO FORM: Marco A. Martinez City Attorney APPROVED AS TO FORM: Adrian R. Guerra City Attorney APPROVED AS TO FORM: David DeBerry General Counsel Food Recovery MOA ITEM NO. 15 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer S'EL� :� Ron Garcia, Director of Community Development Jarruw DATE: December 6, 2023 SUBJECT: Approval of Amendment Number 2 to the Grant Agreement with Oath to Country Foundation (OTCF) to repair the last senior Veteran home as part of the Home Rehabilitation Pilot Program with the City of Baldwin Park. SUMMARY The purpose of this staff report is to consider the second amendment to the Grant Agreement with Oath to Country (OTCF) to extend the Agreement by twelve months to repair the last senior Veteran home as part of the Home Rehabilitation Pilot Program. RECOMMENDATION It is recommended that the City Council authorize the Chief Executive Officer to execute an amended Grant Agreement with Oath to Country (OTCF) subject to any non -substantive changes made by the CEO and City Attorney. FISCAL IMPACT There is no fiscal impact with the approval of the amendment. The amendment extends the term of the grant agreement twelve months to repair the last senior. The agreement amount of $25,000 ARPA grants funds will remain. BACKGROUND On June 6, 2022, the City Council approved a Grant Agreement to create a pilot program in partnership with Oath to Country Foundation. The pilot program envisioned home repairs of up to 6 homes to ensure a safe healthy living environment serving senior veterans, disabled veterans, widowed spouses of veterans and seniors who have difficulty maintaining their homes/properties. On April 5, 2023 the City Council approved an amendment to the grant agreement for an additional $25,000 to repair the home of a combat Vietnam Veteran who is the owner of the two -bedroom, one bath single family home. Extending the agreement will allow staff to continue working with the Oath to Country Foundation to complete the improvements necessary to restore the home to a safe and healthy environment. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Amendment Number 2 2.Copy of executed agreement Pagel/1 AMENDMENT NUMBER 2 TO THE GRANT AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND OATH TO COUNTRY FOUNDATION. 1. PARTIES AND DATE. This Second Amendment to the Grant Agreement ("Second Amendment") is made and entered into this December 6, 2023, by and between the City of Baldwin Park, ("City"), and Oath to Country Foundation. ("Public Charity"). 2.1 Agreement. City and Oath to Country Foundation entered into that certain Grant Agreement dated June 6, 2022, ("Agreement"), was amended and restated April 5, 2023 whereby Oath to Country Foundation agreed to assist veterans and their families in need of home repairs. 2.2 Amendment. City and Oath to Country Foundation mutually desire to amend the Grant Agreement for the second time to extend the Agreement with Oath to Country Foundation for an additional twelve (12) months. 3. NOW, THEREFORE, City and Consultant agree as follows: 3.1 Section VI of the Grant Agreement is hereby amended by extending the term from December 31, 2023 to December 31, 2024. 3.2 Continuing Effect of Grant Agreement. Except as amended by this First Amendment and Second Amendment, all provisions of the Grant Agreement shall remain unchanged and in full force and effect. From and after the date of this Second Agreement, whenever the term "Grant Agreement" appears in the Grant Agreement, it shall mean the Grant Agreement as amended by the First and Second Amendments. 3.3 Adequate Consideration. The Parties hereto irrevocably stipulate and agree that they each received adequate and independent consideration for the performance of the obligations they have undertaken pursuant to this First Grant Agreement. 3.4 Counterparts. This Second Amendment may be executed in duplicate originals, each of which is deemed to be an original, but when taken together shall constitute but one and the same instrument. 3.5 Authority. The persons executing this Second Amendment on behalf of the parties hereto warrant that (i) such party is duly organized and existing, (ii) they are duly authorized to execute and deliver this Second Amendment on behalf of said party, (iii) by so executing this Second Amendment, such party is formally bound to the provisions of this Second Amendment and (iv) the entering into this Second Amendment does not violate any provision of any other agreement to which said party is bound. *SIGNATURES ON NEXT PAGE* IN WITNESS WHEREOF, the parties have executed this Second Amendment to be executed the day and year first above written. C�1i111L�7�.�_\� 1L�/i►7_\.\�i Enrique C. Zaldivar, Chief Executive Officer Attest: By: Christopher Saenz, City Clerk Approved as to Form: By: Marco A. Martinez City Attorney PUBLIC CHARITY: OATH TO COUNTRY FOUNDATION I: I� Justin Gracieux, Founder/President STATE OF CALIFORNIA Ll F1 ss F1 COUNTLI OF LOS ANGELES Li 1, Shirley F-,uiF-ones, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the Amended and Restated Services Agreement between the City of Baldwin Park and Oath to Country Foundation is a true and correct copy of the official legislative proceedings for the Baldwin Park Regular City Council Meeting held on April 5,2023. Dated this 6th day of April, 2023. Flo UFTE ALL F-J!"', IFIFIF] Shi ui n Chief Deputy y Clerk 14403 E. Pavijic A ven ue * Baldivin Park, CA 91706 * (626) 813-5216 AMENDED AND RESTATED SERVICES AGREEMENT THIS AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF BALDWIN PARK, A GENERAL LAW CITY AND OATH TO COUNTRY FOUNDATION (OTCF). RECITALS WHEREAS, on June 6,2022 the City and OTCF entered into that certain Grant Agreement initiating the services described therein Grant Agreement; and WHEREAS, the purpose of this Amended and Restated Set -vices Agreement is to re -state the terms of the Original Agreement and increase the amount of the grant funds from $25,000 to $50,000. WHEREAS, the City of Baldwin Park (hereinafter "City"') will fund this grant to the OATH TO COUNTRY FOUNDATION (hereinafter "OTCF") with federal An-terican Rescue Plan Act (ARPA) funds as a pilot program. WHEREAS, the OTCF provides needed and valuable services to veterans of the City of Baldwin Park and the surrounding area. WHEREAS, veteran and their families are in desperate need of horne repairs including, but not limited to, landscaping, painting, outside wall repair and a variety of other home improvement services to ensure a safe and healthy living environment for veterans and their families. WHEREAS, City and OTCF (hereinafter together as the "Parties") arc entering into this Grant Agreement (.hereinafter the "Agrecirt ent") in contempt ation of the rehabilitation and repair of the homes in the City to ensure a safe and healthy living environment. WHEREAS, by way of this Agreement, the Parties intend to establish their respective rights and obligations with regard to the use of monies provided by City for the rehabilitation and repair of the Subject Property. WHEREAS, the Parties intend for this Agreement to govern the distribution and use of the Grant Funds to as great a degree as permitted by law. WHEREAS, by way of this Agreement, the Parties intend to establish their respective rights and obligations with regard to the Grant Funds. THEREFORE, in consideration of the mutual promises set forth hereafter, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: W-TeTWOM. VI. TIMING OF FLJNDS TO BE USED All Grant Funds must be used by December 31, 2023. However, an extension may be granted to OTCF for "good cause" showing at the sole discretion of the City of Baldwin Park Any extension must be in writing and must be signed by the Chief Executive Officer and/or the Mayor of the City of Baldwin Park Any extension of time will be granted based upon the same terms and conditions contained herein without further recital in the extension writing. Om MWWWRINNUITA120 OTCF shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of OTCF's negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions by OTCF, it's agents, employees, subcontractors or invitees, however, this indemnify clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. OM OTCF shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent OTCF's liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $ 1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000, (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, OTCF shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and PAGE3of8 THIS AGREEMENT IS MADE AND ENTERED INTO BY AND BETWEEN THE CITY OF BALD IN PARK-, A GENERAL LAW CITY AND OATH TO COUNTRY FOUNDATION (OTCF). RECITALS WHEREAS, on June 6, 2022 the City and OTCF entered into that certain Grant Agreement initiating the services described therein Grant Agreement; and WHEREAS, the purpose of this An -►ended and Restated Set -vices Agreement is to re -state the terms of the Original Agreement and increase the amount of the grant funds from $25,000 to $50,000. WHEREAS, the City of Baldwin Park (hereinafter "City") will fund this grant to the OATH TO COUNTRY FOUNDATION (hereinafter "OTCF") with federal American Rescue Plan Act (ARPA) funds as a pilot program. WHEREAS, the OTCF provides needed and valuable services to veterans of the City of Baldwin Park and the surrounding area. WHEREAS, veteran and their families are in desperate need of home repairs including, but not limited to, landscaping, painting, outside wall repair and a variety of other home improvement services to ensure a safe and healthy living environment for veterans and their families. WHEREAS, City and OTCF (hereinafter together as the "Parties") are entering into this Grant Agreement (hereinafter the "Agreement") in contemplation of the rehabilitation and repair of the honies in the City to ensure a safe and healthy living environment. WHEREAS, by way of this Agreement, the Parties intend to establish their respective rights and obligations with regard to the use of monies provided by City for the rehabilitation and repair of the Subject Property. WHEREAS, the Parties intend for this Agreement to govern the distribution and use of the Grant Funds to as great a degree as permitted by law. WHEREAS, by way of this Agreement, the Parties intend to establish their respective rights and obligations with regard to the Grant Funds. THEREFORE, in consideration of the mutual promises set forth hereafter, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows: V1, INIUVIRMLOI - a All Grant Funds must be used by December 31, 2023. However, an extension may be granted to OTCF for "good cause" showing at the sole discretion of the City of Baldwin Park Any extension must be in writing and must be signed by the Chief Executive Officer and/or the Mayor of the City of Baldwin Park Any extension of time will be granted based upon the same terms and condition-, contained herein without further recital in the extension writing. MI MMULNOWEBWOMMIMMMMKOMM& OTCF shall indemnity, and hold harmless City, its officials, officers, and employees against any and all actions, clainis, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of OTCF's negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions by OTCF, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive of active negligence on the part of City, or its officials, officers, agents or employees. OTCF shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent OTCF's liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence, and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000, (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, OTCF shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and PAGEW8 Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self- insurance maintained by City or its officials, officers, agents or employees shall bean excess of OTCFs insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by OTCF for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. IEV OTCF will provide in writing to the City a full scope of any work to be performed and the estimated cost of the rehabilitation work.~ I a OTCF will provide to the City a Final Report once all funds are used. in Upon request by the City, OTCF sliall promptly provide any additional information necessary for the City to evaluate the use of the Grant Funds including, but not limited to tax documents. OTCF shall have an accounting system or has designated a fiscal agent in accordance with requirements established by ARP A guidelines and practice nondiscrimination in the provision of assistance. Furthermore, OTCF shall comply with all applicable ARPA guidelines and allow the City and/or a City representative to have reasonable access during regular business hours to files, records, accounts, or persomiel that are associated with the keeping and the expenditure of the Grant Funds, for the purpose of making such financial reviews, verifications or evaluations as may be deemed necessary in the sole discretion of the City. M The OTCF agrees to perform all work in compliance with the Baldwin Park Municipal Code, the laws of the State of California and all applicable local, State and federal laws, XIII. No escrow account is required. PAGE4of8 XIV. EXCESS FUNDS Upon request by the City, OTCF shall return within 15 business days of the end of the term of this Agreement any and all unexpended Grant Funds remaining at the end of tile term of this Agreement, ANY DEFAULT BY OTCF OTCF accepts responsibility for complying with this Agreement's terms and conditions and will exercise full control over the Grant Funds and the expenditure of the Grant Funds, except as expressly stated herein. In the event of a breach of the terms or conditions of this Agreement or a default of the terms of this Agreement, the City may request that OTCF return any or all of the Grant Funds immediately. XV1. INTENTION OF THE PARTIES The Parties agree to be bound strictly by the terms set forth in this Agreement at all times, regardless of how their circumstances may change over time. OM DUTY OF GOOD FAITH BY THE PARTIES The Parties agree to act in good faith and to deal fairly towards the other at all times and in all aspects of this Agreement, in accordance with the terms and conditions created between the Parties by this Agreement. XvIll. ADDITIONAL FUWFHER DOCUMENTATION The Parties agree to provide and execute any further documentation that may be necessiny to give full force and effect to the provisions of this Agreement. XIX, THE HEADINGS IN THIS AGREEMENT Headings are inserted for the convenience of the Parties only and will not have any bearing on the interpretation or meaning of this Agreement. M J]1L4D1NLJ EFFECT OFTHISAGREEML,,NT The covenants and obligations set forth in this Agreement shall be binding on and inure to the benefit of the heirs, executors, successors, legal representatives, and administrators, of each party to this Agreement. XXI. This Agreement shall be governed, construed, enforced, and interpreted by, though, and under, the laws of the State of California without regard to the present or future locations of each party's residence. XXII. THE SEVERABILITY OF THIS AGREEMENT If a court of competent jurisdiction finds any provision of this Agreement to be unenforceable, it is the desire of both parties that any modifications made to these provisions by a court of competent jurisdiction be made only to the extent necessary to ensure that the provisions are enforceable, as determined by the reasonable judgment of the court. Should any provisions in this agreement be invalid or unenforceable, those provisions shall have no bearing on the remaining provisions of the agreement. All other provisions will be valid and fully enforceable. Further, any partially unenforceable provisions will be enforced to the greatest extent possible. HIM INTEGRATION OF THIS AGREEMENT This Agreement sets forth the entire agreement between the parties with regard to the subject matter hereof. There are no other agreements, covenants, representations, warranties, expressed or implied, oral or written, in relation to the division of the party's assets, liabilities, and property other than the agreements set forth herein. All prior agreements, representations, covenants, and warranties, with respect to the subject matter hereof, are waived, merged, and superseded hereby. This is an integrated agreement Both parties contributed in the drafting of this Agreement. XXIV. TERMINATION OR AMENDMENT OF THIS AGREEMENT This Agreement may only be terminated or amended if the termination or amendment is documented in writing and signed by both parties. Any purported termination or amendment of this Agreement shall be voluntarily made, and each party shall be entitled to a fair, reasonable, and full disclosure of the property or financial obligations of the other party, unless waived, and a reasonable time to seek independent counsel to review any documents and disclosures, This Agreement can only be terminated for a breach or default of this Agreement or by i-nutual agreement. ,SILjNED CONSENT, FORM OTCF agrees that it will secure asigned Consent Form, to be provided by the City, to each veteran homeowner who agrees to have work performed by OTCF oil their home and provide such signed Consent Form before any work is to begin at any home. PAGE7of8 THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGREE ToTHEM AS OF THE EFFECTIVE DATE OF THE AGREEMENT, IF MORE THEN ONE PARTY SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS LINDEN THIS AGREEMENT. BOTH PARTIES SHALL RECEIVE A FULL EXECUTED DUPLICATE OF THIS AGREEMENT. The foregoing is agreed to by: Date: April 5,2023 CITY OF BALDWIN P m Enriqucv41d1faF-,-Cbief Executive Officer OATH TO COUNTRY FOUNDATION By: Signature on the next page Dr. astin G�racieux, Founder/President THE PARTIES HAVE READ AND UNDERSTOOD THE FOREGOING TERMS AND AGRER,rwrt-w-M AS OF THE EFFECTIVE DATE OF THE AGIZEEMENT, IF MORE THEN ONE PARTY SIGNS BELOW, EACH AGREES TO BE LIABLE, JOINTLY AND SEVERALLY, FOR ALL OBLIGATIONS UNDER THIS AGREEMENT, BOTH PARTIES SHALL RECEIVE A FULL EXECUTED DUPLICATE OF THIS AGREEMENT, The foregoing is agreed to by: Date: April 5,2023 By: Signature on the previous page Em-iclue Zaldivar, Chief Executive Officer OATH TO COUNTRYFOUNDATION m justill Gracieux, ITEM NO. 16 TO: Honorable Mayor and Members of the City Council HU�OF� FROM: Sam Gutierrez, Director of Public Works saNaiE�� PREPARED BY: Anthony Vazquez, Public Works Manager co �.VAL�EY �a DATE: December 6, 2023 SUBJECT: Consider Approval of Amendment No. 2 to the Maintenance Services Agreement (MSA) With Yunex LLC for Traffic Signal and Street Light Maintenance Services SUMMARY This report seeks the City Council's consideration of approval for Amendment No. 2 (second amendment) to the Maintenance Services Agreement (MSA) with Yunex LLC. (Yunex), for Traffic Signal and Street Light Maintenance Services. This amendment will allow the City to extend the original contract term for a period of two (2) additional years and to include an adjusted rate increase of 5% for Fiscal Year 2023-24 and 2.5% for Fiscal Year 2024-25 pursuant to the Consumer Price Index (CIP) for Los Angeles/ Long Beach/ Anaheim Area. All other provisions of the MSA will remain in effect. RECOMMENDATION Staff recommends that Council: 1. Approve Amendment No. 2 to the Maintenance Services Contract with Yunex for Traffic Signal and Street Light Maintenance Services, extending the term contract for an additional two (2) years and adjusting rates by 5% for Fiscal Year 2023-24 and 2.5% for Fiscal Year 2024-25 due to CPI increase; and, 2. Approve an increase to the annual not -to -exceed contract amount from $100,000 to $105,000 due to the CPI increase; and 3. Authorize the Mayor and City Clerk to execute Amendment No. 2; and, 4. Authorize the Finance Director to make necessary budget adjustments per the increase of rates to allow payments approved FY 2023-24. FISCAL IMPACT There is no impact to the General Fund. The FY 2023-24 operations budget approved by City Council on June 21, 2023, includes a budgeted amount of $125,000 for traffic signal and street light maintenance services. The Amendment No. 2 will not exceed the amount of $105,000 in the current fiscal year, nor will it exceed the budgeted amount in the subsequent fiscal years. BACKGROUND The City currently owns and maintains 60 traffic signal systems, approximately 430 streetlights, and various traffic control safety devices (e.g., speed feedback signs, flashing beacons, L.E.D. crosswalk systems). These facilities must be maintained in a safe and efficient manner to ensure the proper operation of the city's transportation system. On August 15, 2018, the City Council awarded a maintenance service contract to SIEMENS Mobility, Inc. for the maintenance of these facilities. On November 12, 2020, SIEMENS AG (parent company) announced that their business unit, Intelligent Traffic Systems (ITS), will be carved out into a separately managed entity within Siemens and be named Yunex LLC. As of July 1 st, 2021, SIEMENS Mobility became Yunex LLC. Page 1 / 2 On March 18th, 2022, Amendment No. 1 to the MSA was executed pursuant to the change of name of service provider with the original terms of the MSA remaining in effect. DISCUSSION The existing Maintenance Service Agreement (MSA) with Yunex concluded its term on October 1st, 2021, and subsequently added two (2) additional one-year extensions in accordance with the original contract's provisions, which permitted time extensions through mutual agreement of the parties. However, the automatic renewal options outlined in the contract have been exhausted and there is no mechanism in place for an additional extension. With the expiration of the current MSA on October 1 st, 2023, there is a need for a second amendment to further extend the contract term. During the intervening time, the City and Yunex have mutually decided to sustain current service levels on a month -to -month basis. This second amendment to the MSA is aimed at ensuring uninterrupted vital services while providing ample time for the City to initiate a Request for Proposal (RF:P) process for a new MSA. Additionally, Amendment No. 2 to the MSA also includes a provision for adjustments to the rates based on CPI and comprised of 5% for Fiscal Year 2023-24 and 2.5% for Fiscal Year 2024-25. All other provisions of the MSA will remain in effect. If approved, the rates will go into effect on January 1", 2024, and will be in place until September 301h, 2025. ALTERNATIVES 1. The City Council may choose not to approve a second amendment and request to send out a Request for Proposal (RF:P) for a new Traffic Signal and Street Light .Maintenance Agreement. This action is not recommended as this may interrupt vital services. 2. The City Council may choose not to approve a second amendment and allow to piggy -back on another City's Agreement with Yunex LLC. 3. City Council may direct staff with alternative direction. CEQA REVIEW Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters, it has been determined that the action does not constitute a "project" under CEQA. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Amendment No. 2 — Extension of Contract with CPI increase 2. Contract Extension Request with CPI Increase 3. Appendix "A" Updated Unit Price Schedule 4. Copy of original MSA for Traffic Signal and Street Light .Maintenance services 5. Copy of Amendment No. 1 — Change of Name of Service Provider Page 2 l 2 AMENDMENT NO.2 TO TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES AGREEMENT THIS AMENDS THE AGREEMENT entered into on the 5"' day of September 2018. THE SECOND AMENDMENT TO TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES AGREEMENT (this "Second Amendment") is dated as of November 28, 2023 (the "Amendment Date"), and entered into by and between the CITY OF BALDWIN PARK, a California municipal corporation (the "City"), and YUNEX LLC, (Service Provider, Formerly known as SIEMENS Mobility Inc.) RECITALS A. The City and YUNEX LLC., entered into a TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES Agreement dated September 5th, 2018 (the "Agreement"), which, assigned SIEMENS INC, INTELLENT TRAFFIC SYSTEMS UNIT (ITS) as the service provider named to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" listed as Exhibit A in the agreement; and, B. Subsequent to the Effective Date of the Agreement, Assignor divested its ITS business to a separate entity, YUNEX LLC; and, C. As of the Effective Date of this Amendment No. 2, the Agreement as amended by Amendment No. 1 on March 18, 2022, remains in effect. THEREFORE, THE TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE AGREEMENT IS AMENDED AS FOLLOWS: 1. The City and Yunex LLC mutually acknowledge and consent to extending the contract for an additional two (2) years with an adjustment of rates by 5% for FY23-24 and 2.5% for FY24-25, pursuant to the Consumer Price Index for the Los Angeles/ Long Beach/ Anaheim area. 2. Section 2, "COMPENSATION." is amended to update compensation set forth in the Agreement as Exhibit B Titled "SCHEDULE OF COMPENSATION" Appendix "A" to reflect the adjustment of rates by 5% for FY23-24 and 2.5% for FY24-25 and shall not to exceed amount of $105,000 annual budget for each FY 23-24 and FY24-25. The schedule of compensation in Exhibit B, Appendix "A" of the Agreement shall be replaced with the attached revised Appendix "A" (Attachment 1). Section 3, "TIME FOR PERFOMANCE." is amended to update the Agreement's performance term as follows: A. Commencement Date: October 1, 2023 B. Expiration Date: September 30, 2025 TO EFFECTUATE THIS SECOND AMENDMENT TO THE AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and conditions of this Second Amendment, the duly authorized representatives of the parties have executed this Second Amendment as of the Amendment Date. CITY OF BALDWIN PARK, a California municipal corporation Emmanuel J. Estrada, Mayor Date: . 2023 YUNEX LLC, a limited liability company Steve Teal, Portfolio Unit Head Date: 12023 LN Mike Hutchens, Operations Manager Date: 2023 City Clerk YU N _y TRAFFIC November 29, 2023 Anthony Vazquez City of Baldwin Park 13135 Garvey Ave. Baldwin Park, CA, 92648 Subject: FY23-24 & FY24-25; Contract Extension Dear Mr. Vazquez, Yunex LLC 1026 E. Lacy Ave Anaheim, CA 92805 714.284.0206 714.284.1150 Fax hftps://yunextraffic.com This letter shall serve as our official request for a contract extension for the 2023-2024 and 2024-2025 fiscal years. With this extension our new rates will be adjusted by a rate increase of 5% for the 2023-2024 fiscal year and 2.5% for the 2024-2025 fiscal year pursuant to the Consumer Price Index for the Los Angeles/Long Beach/Anaheim area. A copy of the report is attached for reference. With this increase, Yunex LLC will continue providing traffic signal maintenance services as per the terms and conditions of the existing agreement ("Traffic Signal and Street Light Maintenance Services Agreement by and between the City of Baldwin Park and Siemens Mobility, Inc." Dated September 5th, 2018) between Yunex LLC, and the City of Baldwin Park for two additional years (October 1st, 2023 to September 30th , 2024) and (October 11t , 2024 to September 30th , 2025). We feel we have completed another successful and mutually beneficial year with the City of Baldwin Park. We thank you for your business and we are looking forward to continuing servicing all your maintenance needs. Please feel free to contact me if you have any questions or concerns. Sincerely, YUNEX LLC Joshua Ferras Project Manager Page 1 of 1 1. Routine Maintenance: Each signalized intersection, per month Rev 1.0 August 27th, 2018 June 6, 2018 Traffic Signal Maintenance Services - RFP Page22 Q-tY-. Unit Cost a Each pole mounted Flashing Beacon, per month 4 $_q3.60 Overpass Bridge Light Maintenance, per month 1 31.50 Sub -Total 2. Semi -Annual Maintenance (except after rains): a. Video Detection System maintenance where applicable, clean video detection camera lens as needed b. Signal Lenses and Signs maintenance c. CCTV Cameras where applicable, clean camera lens as needed d. Battery Back -Up System Maintenance e. Replace controller cabinet filter f. Stationary speed feedback signs Sub -Total: *Sub -total assumes: 1 ea Item 2(a.) 1 ea Item 2(b.) 1 ea Item 2(c.) 22 ea Item 2(d.) 60 ea Item 2(e.) 20 ea Item 2(f.) Per Camera $ 52.50 Per Corner 126.00 Per Camera $ 57.75 Per System $N.45 Per Cabinet $ 3.68 Per Sign $ 29.40 M'�• June 6, 2018 Traffic Signal Maintenance Services - RFP Page23 3. Annual Maintenance: Field check paint condition and prepare an annual painting list of twenty(20) locations/year. a. Painting of pedestrian heads and signal heads 1) Signal Head$ 2,205. 0 Including frameworks per signalized intersection, 2) Ped Head $787-50excluding controller and electric service cabinets 3) PPB $ 262.50 Sub -Total for 20 locations $ 65,100.00- *Sub-Total is based upon an average sized intersection (16 signals, 8 peds, 8 PPBs) Unscheduled/Emergency Work ("Extra Work") 4. Extraordinary Maintenance: a. Replacement of standard 6' circular detector Loops including saw cut lead-inand cable splicing $ 472.50 b. Installation of completed new pedestrianhead with Walkman/Hand indication and solid state transformer $ 556.50 c. Completed testing of traffic signal controller cabinets, including all internal equipment and written certification $ 1,034.25 d. Painting of traffic signal controller cabinetand Type Ill electric service cabinet per signalized Intersection (if needed) $ 456.75 e. Replaceexisting signal lights assembly with LED unit 115.50 f. Installation of three -section traffic signalheads With 12-inch glass-leffses, backplates, and frameworks $ 1,044.75 Includes signal housing, framework, backplate, three visors, RYG or RA-YA-GA LEDs g. Replace Type I A pole $708.75 h. Material and Parts: Supplier's invoice amount plus 15% markup $ 15% as noted June 6, 2018 Traffic Signal Maintenance Services - RFP Page24 Regular Time Per Hour h. Labor: Traffic Signal Maintenance Overtime Premium* Per Hour Per Hour Supervisor $ 136.50 ---$' 1.111-3-6 5.10 $136.50 Traffic Signal Technician 1 $ 128.10 $158.00 $189-00 Traffic Signal Technician It $ 113.40 $_I 34.40 $156.45 Traffic Signal Laborer $ 99.75 $147.00 $147.00 Traffic Signal Apprentice $ 105.00 $126.00 $147.00 Trainer $ 136.50 $136.50 $136.50 Other Crane Operator $ 128.10 $158.55 $189.00 Other None $ $ *Premium to be charged for Sundays, Holidays and any additional circumstances as outlined per the Davis Bacon Act and the State of California Department of Industrial Relations (Prevailing Wage guidelines) Rate per Hour i. Equipment: Pickup Truck $ 23.10 Service Truck $ 26.25 Service/Ladder Truck $ Not Safe Boom/Ladder Truck $ 27.30 Water Truck $ 23.10 Concrete Saw and Truck Air $ 26.25 Compressor with Tools $ 5.25 Crane $ 47.25 Bucket Truck $ 27.30 Western Information Office Area prices were up0.1 percent over the past month, up7.6 percent from myear ago Prices in the Los Angeles area, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), increased 0.1 percent in August, the U.S. Bureau of Labor Statistics reported today. (See table A.) Regional Commissioner Chris Rosenlund noted that the August increase was influenced by higher prices for shelter and apparel. (Data in this report are not seasonally adjusted. Accordingly, month -to -month changes may reflect seasonal influences.) Over the last 12 months, the CPI U increased 7.6 percent. (See chart 1and table A.) Food prices advanced 9.2 percent. Energy prices rose 20.7 percent, largely the result of an increase in the price of gasoline. The index for all items less food and energy rose 6.2 percent over the year. (See table 1.) Aug Nov Feb May Aug Nov Feb M2y Aug Nov Feb May Aug 201s 2020 2021 2022 Suvma U.S. Bureau ufLabor Statistics Search Western Region 0 Food Food prices increased O.5percent for the month ofAugust. (See table 1jPrices for food ethome increased O.3percent, led byhigher prices for cereals and bakery products (2.0 percent). Prices for food away from home advanced 0.7 percent for the same period. Over the year, food prices advanced 9.2 percent. Prices for food at home rose 12.1 percent since a year ago. Price increases across food at home expenditure categories rang from 7.6 percent for meats, poultry� fish, and eggs to 17.7 percent for other food at home. Prices for food away from home advanced 5.8 percent, i Energy The energy index declined 5.0 percent over the month. The decrease was mainly due h/ lower prices for gasoline (-10.0 percent). Electricity prices were unchanged, while natural gas service prices advanced 11.0 percent for the same period. Energy prices rose 20.7 percent over the year, largely due to higher prices for gasoline (22.6 percent). Prices paid for natural gas service increased 30,6 percent, and prices for electricity increased 1D.4percent during the past year. All items less food and energy The index for all items less food and energy increased 0.5 percent in August. Higher prices for apparel (9.2 percent) and she|ter(O.8 percent) were partially offset by lower prices for medical care (-2.0 percent) and household furnishings and operations (-1.4 percent). Over the year, the index for all items less food and energy rose 6.2 percent, Components contributing to the increase included new and used motor vehicles (134 percent), The Consumer Price Index (CPI) is a measures of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 93 percent of the total U.S. population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers approximately 29 percent of the total U.S. population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the laborforce. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and servicesthat people buy for day-to-day living. Each month, prices are collected in 75 urban areas across the country from about 6,000 housing units and approximately 22,000 retail establishments —department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. M�t - U IC at ww.bls.gov/opub/hom/ pji. to] IMATMINMORMUM111.211 to] I Mr, 1 AM-911 IMMI Kai FM IR I I I I I � I 1 11 1 li I I RN I I I Ill I IIIIIII? III I I C111111,11111IRM Los Angeles -Long Beach -Anaheim (1982-84=100 unless otherwise noted) YSTITA =#- I (1) Indexes on a December 1977=100 base. (2) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (3) Indexes on a December 1982=100 base. (4) Special index based on a substantially smaller sample. (5) Indexes on a December 1993=100 base. (6) Indexes on a December 1997=100 base. I 1�11 0 �11 I 4=1 11;111�� rr�: ll!!Illl Rev 1.0 August 27th, 2018 June 6, 2018 Traffic Signal Maintenance Services - RFP Page22 APPENDIX "B CONTRACT UNIT PRICE SCEDULE OF TRAFFIC SINAL MAINTENANCE ITEMS 1. Routine Maintenance: Each signalized intersection, per month QV_. Unit Cost TOTAL 60 $ 71.58 $ 42294.80 Each pole mounted Flashing Beacon, per month 4 $__;K44 Overpass Bridge Light Maintenance, per month 1 $-.52.29 Sub -Total 2. Semi -Annual Maintenance (except after rains): a. Video Detection System maintenance where applicable, clean video detection camera lens as needed b. Signal Lenses and Signs maintenance c. CCTV Cameras where applicable, clean cameralens as needed d. Battery Back -Up System Maintenance e. Replace controller cabinet filter f. Stationary speed feedback signs Sub -Total: *Sub -total assumes: 1 ea Item 2(a.) 1 ea Item 2(b.) 1 ea Item 2(c.) 22 ea Item 2(d.) 60 ea Item 2(e.) 20 ea Item 2(f.) Per Camera $ 53.81 Per Corner $__j 29.15 Per Camera $ 59-19 Per System $__A1.21 Per Cabinet $ 3.77 Per Sign $ 30.14 1,757.77* June 6, 2018 Traffic Signal Maintenance Services - RFP Page23 3. Annual Maintenance: Field check paint condition and prepare an annual painting list of twenty(20) locations/year. a. Painting of pedestrian heads and signal heads 1) Signal Head$ 2,260.13 Including frameworks per signalized intersection, 2) Ped Head $807,19�xcluding controller and electric service cabinets 3) PPB $ 269.62 Sub -Total for 20 locations $ 66,727.50- *Sub-Total is based upon an average sized intersection (16 signals, 8 peds, 8 PPBs) Unscheduled/Emergency Work ("Extra Work") 4. Extraordinary Maintenance: a. Replacement of standard 6' circular detector Loops including saw cut lead-inand cable splicing $ 484.31 b. Installation of completed new pedestrianhead with Walkman/Hand indication and solid state transformer $ 570.41 c. Completed testing of traffic signal controller cabinets, including all internal equipment and written certification $ 1,060.11 d. Painting of traffic signal controller cabinetand Type Ill electric service cabinet per signalized Intersection (if needed) $ 468.17 e. Replaceexisting signal lights assembly with LED unit 118.39 f. Installation of three -section traffic signalheads With 12-inch glass-leffses, backplates, and frameworks $ 1,070.87 Includes signal housing, framework, backplate, three visors, RYG or RA-YA-GA LEDs g. Replace Type I A pole $726.47 h. Material and Parts: Supplier's invoice amount plus 15% markup $ 15% as noted June 6, 2018 Traffic Signal Maintenance Services - RFP Page24 Regular Time Per Hour h. Labor: Traffic Signal Maintenance Overtime Premium* Per Hour Per Hour Supervisor $ 139.91 ---$' 1.111 391 91 11 $139.91 Traffic Signal Technician 1 $ 131.30 $ 161.95 $193.73 Traffic Signal Technician It $ 116.24 $-137.76 $160.36 Traffic Signal Laborer $ 102.24 $ 150.68 $150.68 Traffic Signal Apprentice 107.63 $ 129.15 $150.68 Trainer 139.91 $ 139.91 $139.91 Other Crane Operator $ 131.30 $ 162.51 $193.73 Other None $ $ *Premium to be charged for Sundays, Holidays and any additional circumstances as outlined per the Davis Bacon Act and the State of California Department of Industrial Relations (Prevailing Wage guidelines) Rate per Hour i. Equipment: Pickup Truck $ 23.68 Service Truck $ 26.91 Service/Ladder Truck $ Not Safe Boom/Ladder Truck $ 27.98 Water Truck $ 23.68 Concrete Saw and Truck Air $ 26.90 Compressor with Tools $ 5.38 Crane $ 48.43 Bucket Truck $ 27.98 Western Information Office Search Western Region 0 Index and average price data for electricity in Los Angeles for May through November 2022 were incorrectly published in the database. The error also includes related aggregate data within Los Angeles and several related areas. A list of affected series and the corrected indexes and average orice values is available at https://www.bis.,qov/bis/errata/data-series-affected-t�y-consumer7price Consumer Price Index, Los Angeles area — March 2023 Area prices were up 0.1 percent over the past month, up 3.7 percent from a year ago Prices in the Los Angeles area, as measured by the Consumer Price Index for All Urban Consumers (CPI-U), advanced 0.1 percent in March, the U.S. Bureau of Labor Statistics reported today. (See table A.) Regional Commissioner Chris Roseniund noted that the March increase was influenced by higher prices for shelter and gasoline. (Data in this report are not seasonally adjusted. Accordingly, month -to -month changes may reflect seasonal influences.) Chart 1- percent change imCPI-U"Los Beach - Anaheim, CA, March 2D2OHMam:h 2023 Percent change -All Items Mar Jun Sep Dec Mar Jun Sep Dec mar Jun Sep Dec mar 2,020 2021 2022 2023 Source U.S. Bureau of Labor Statistics. View Chart Data Food Food prices declined D.1 percent for the month of March. (See table 1.) Prices for food at home decreased 0.8 percent, with lower prices in four of the six grocery categories. Prices for food away from home increased 0.8 percent for the same period. Over the year, food prices increased 6.4 percent. Prices for food at home increased 5.4 percent since a year ago, with higher prices in five of the six grocery categories. Prices for food away from home increased 7.8 percent. Energy The energy index declined 0.9 percent over the month. The decrease was mainly due to lower prices for natural gas service (-20.4 percent). Prices for gasoline advanced 3.6 percent for the same period, Energy prices declined 7.6 percent over the year, largely due 1V lower prices for gasoline (-15.2 percent). Prices paid for natural gas service advanced 4.4 percent during the post year. All items less food and energy The index for all items less food and energy increased 0.2 percent in March. Higher prices for new and used motor vehicles (0.6 percent) and shelter (O.S percent) were partially offset by lower prices for household furnishings and operations (-1.2 percent) and medical care (45 percent). Over the year, the index for all items less food and energy advanced 4.3 percent. Components contributing to the increase included shelter (5.4 percent), education and communication (3.3 percent), and medical cane(2.0 percent). Partly offsetting the increases were price decreases in used cars and trucks (-y.4percent) and household furnishings and operations (-2.7 percent). iq� I � I II I �� I I I I I� � I I I I I � 1111111111 I 1111441MM, Ill The Consumer Price Index (CPI) is a measures of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI-U) which covers approximately 93 percent of the total U.S. population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI-W) which covers approximately 29 percent of the total U.S. population. The CPI-U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the laborforce. Ti!ff-LTPC5 -5 5_1 _ _5Ld#ff5TTffT61` 11 C., JUT-9-7fres, 5111gC1 IndMie f 'it and use of items are included in the index. The index measures price changes from a designated reference date; for most of the CP1-U the reference base is 1982-84 equals 100. An increase of 7 percentfrom the reference base, for example, is shown as 107.000. Alternatively, that relationship can also be expressed as the price of a base period market basketofgoods and services rising from $100 to $107. For further details see the CPI home page on the Internet at www.b1s.ggy&pi and the CPI section of the BLS Handbook of Methods available on the internet at www.bls.gov/opub/hom/`` pji . 7-"T-XVTX-r7TT—_rjVZR 1XIINTIMINIIIII III IRIVI I!II I �' iiiiiiiii Ili Iiii PRIZE 11111111 Ii Ili FIVIIIIIIII jiiti�l !T11111pp I III III IT111,1FE-I _�i 4k Los Angeles -Long Beach -Anaheim (1 982-84=1 00 unless otherwise noted) Footnotes (1)Indexes unmDecember 1877=1OUbase. (2) This index series was calculated using a Laspeyres estimator. All other item stratum index series were calculated using a geometric means estimator. (3)Indexes onaDecember 1Q82=1UObase. (4)Special index based onasubstantially smaller sample. -Oatamotavalable Siemens Mobility, Inc. Service Provider Services Agreement Page 1 of 5 TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 5th day of September 2018 by and between the City of Baldwin Park, ("City"), and Siemens Mobility, Inc. ("Service Provider"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Service Provider agree as follows: 1. SCOPE OF SERVICES. Service Provider agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month -to -month basis but shall not exceed the total compensation. 2. COMPENSATION. City shall pay for the services performed by Service Provider pursuant to the terms of this Agreement shall not exceed the amount of $100,000.00 annually at the time and manner set forth in the "Schedule of Compensation" and attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Service Provider shall perform the services above described in a timely manner in accordance with the professional standard practices and the provisions of this agreement. This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 16 herein: A. Commencement Date: October I 1h, 2018 B. Expiration Date: October Is', 2021 C. Upon mutual agreement by the parties, this agreement may be extended for an additional two (2) one-year terms. 4. AUDIT OR EXAMINATION. Service Provider shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF SERVICE PROVIDER. Service Provider shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Service Provider shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Service Provider shall be free to contract for similar services to be performed for other entities while under contract with City. Service Provider is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Service Provider shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Service Provider as set forth herein. Any attempt by Service Provider to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Service Provider may assign payments due under this Agreement to a financial institution Siemens Mobility, Inc. Service Provider Services Agreement Page 2 of 5 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Service Provider shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Service Provider shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Service Providers' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Service Provider, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Service Provider shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Service Providers' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury — $1,000,000, single limit, per occurrence; and (2) Property Damage — $1,000,000, single limit, per occurrence; or (3) Combined single limits — $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage — $1,000,000, single limit, per occurrence; or (3) Combined single limits — $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Service Provider shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); Siemens Mobility, Inc. Service Provider Services Agreement Page 3 of 5 (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, agents or employees shall be in excess of Service Providers' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Service Provider for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Service Provider in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Service Provider may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Service Provider. 12. RECORDS AND INSPECTIONS. Service Provider shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Service Provider shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Service Provider shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Service Provider agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Service Provider shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY&OBBYING CERTIFICATION. Service Provider may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. Siemens Mobility, Inc. Service Provider Services Agreement Page 4 of 5 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Service Provider only for work performed by Service Provider up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Service Provider need be compensated only to the extent required by law. Service Provider shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party' shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Service Provider shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Service Provider. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Service Provider Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) Siemens Mobility, Inc. Aft.: Michael J. Hutchens, Operations Manager 2250 Business Way Riverside, CA 92501 (951) 784-6600 (B) City of Baldwin Park Aft.: Sam Gutierrez, Director of Public Works 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ext. 460 Siemens Mobility, Inc. Service Provider Services Agreement Page 5 of 5 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. 1 CITY OF BALDWIN PARK Dated: SERVICE PROVIDER: SIEMENS MOBILITY, INC. Michae . utchens, Operations Manager Dated: August 30th, 2018 EXHIBIT A SCOPE OF SERVICES Exhibit "A" SCOPE OF SERVICE 1. GENERAL The Contractor will be required to provide the City with certified personnel, vehicles and equipment, and materials as necessary to maintain the City's traffic signals and related equipment. The Contractor must have the resources and abilities to install various traffic signal poles, controller cabinets, and other associated equipment. The scope of services may include, butwill not be limited to the following: 2. TECHNICAL SERVICES AND MAINTENANCE PERSONNEL The Contractor will be required to have available and readily accessible all required vehicles, tools, equipment, apparatus, facilities, and materials to perform all work necessary to maintain the traffic signals and related equipment in compliance with current Caltrans standards and specifications. The Contractor will be required to perform routine monthly traffic signal maintenance services, with additional non -routine maintenance services pursuant to "Exhibit B" Schedule of Fees. The Contractor will be required to provide regular field preventive maintenance, installation, and repair of existing controller assemblies and cabinets by qualified personnel that meet or exceed the following qualifications: • One Level Three technician with certification by the International Municipal Signal Association (IMSA) with at least three (3) years experience in traffic signal repairs; • One Level Two technician with certification by the International Municipal Signal Association (IMSA) with at least three (3) years experience intraffic signal repairs; • Familiarity with programming and repair of all trafficsignal controllers; • Proficient in programming of conflict monitors (CMU) and malfunction management units (MMU); • Familiarity with basic traffic signal timing principals; • Proficient with all types of detection systems; video, loops and wireless. • Familiarity with hardwire and wireless communications technology including troubleshooting, installations and adjustment of external and internal modems; • Familiarity with various battery backup systems to include installation, programming and testing procedures, and maintenance; o Ability to perform cabinet modifications and up -grades as required by the City; o Technician(s) shall be available by phone 24-hours a day/7 days aweek The Contractor will be required to assign adequate traffic signal technicians to the City as may be necessary to provide routine "Preventive Maintenance" to each traffic signal (once every month. An inability to provide routine maintenance to each traffic signal may cause the Contractor to be subject to adjustment of payment to Contractor. The Contractor will be required to provide a 24-hour service for knock —downs, emergencies and unplanned poweroutages. The Contractor will be required to have a complete traffic signal laboratory located in Southern California or will be required to include the use of a certified traffic signal laboratory as part of its services (the name and location of the laboratory shall be listed in the Contractor's proposal). The Contractor will be required to maintain a stock of common replacement parts. The equipment may include but is not limited to the following: Model 170E, 2070 signal controllers and a minimum of two (2) spare 2070 controllers assigned to our City, 24VDC Power Supply, MMU's/CMU's, flash transfer relays, load switches, detectors, LED red/yellow/green lamps, LED pedestrian signals/Speed feedback and batteries, and ADA compliant pedestrian activation buttons. The Contractor may offer alternatives to existing equipment to meet the changing demand as it occurs, when directed byCity. The Contractor will be required to perform installations of knockdown replacement signal equipment including traffic signal poles ranging from Type 1A to Type 60, and to install traffic signal controller assemblies, cabinets, electric services, and to install inductive loop detectors. The Contractor will be required to assist the City with the calibrating of traffic signal timing and progression; timing of traffic signals shall only be changed under the approved general direction of the City Engineer or his designee. The Contractor will be required to cooperate with the Baldwin Park Police Department, LA County Fire Department, the City Manager and responsible City department heads in cases of emergency. The Contractor will be required to refer all questions from the public to the City. 3. PREVENTIVE MAINTENANCE The Contractor will be required to provide preventive maintenance for the traffic signal equipment. The Contractor will be required to provide one electronic copy of the maintenance checklist to the City following each inspection, to maintain a copy of the maintenance checklist in the traffic signal controller cabinet, and to maintain a copy of the maintenance checklist at the Contractor's office of records. The Contractor will be required to follow a program of continuing comprehensive maintenance designed to eliminate or reduce the incidence of malfunctions, reduce complaints, and extend the useful life of the equipment. The program will include, but not be restricted to, thefollowing: Monthly Routine Maintenance o Preventive Maintenance (PM) checklist Form: Maintain a copy of the Preventive Maintenance Checklist Form approved by the City at each traffic signal. The PM Checklist Form will be completely filled out during each maintenance inspection and during any time repairs are made to the traffic signal controller or any related equipment in the traffic signal cabinet orthe signal equipment at the intersection (detector loops, pedestrian heads,signal heads, lenses, lamps and signal poles,etc.). o Controller Cabinet Mounting: Check the snugness of the nuts on the traffic signal cabinet anchor bolts, tighten, if necessary, being sure not to distortthe cabinet door opening by over tightening. o Traffic signal Cabinet Foundation Seal: If standing water or evidence of water is present inside the bottom of the cabinet, check the seal between the bottom of the foundation for deterioration, and to report the need to reseal the cabinet foundation as necessary. o Door Gaskets: Check all door gaskets on the controller cabinet, service cabinet and any other enclosures of evidence of moisture or deterioration. Report the need to completely replace any gaskets showing signs of leaking or deterioration. o Cabinet Vents: Check the vents in both the cabinet door and above the door, or at the top of the cabinet to ensure that they are free of anyforeign material. Air Filter: Vacuum, wash, replace or knock out any dust accumulated in air filters. Take appropriate action based on the condition of thefilter. o Cabinet Fan: Verify that cabinet fans(s) operate properly with a minimum of noise. o Thermostat: Verify that the cabinet fan thermostat is set at 96degrees. o Interior Light: Verify the proper operation of the cabinet's interior light. o Door Panel Harnesses: Check the harnesses leading from the main panel and auxiliary panels on the cabinet door to ensure they are not being pinched and do not bind against the cabinet door. Adjust, if necessary. o Hinges and Locks: Check the free movement of all doors, latching assemblies and locks on the controller cabinet, service cabinet and any other enclosures. Use a minimum of oil or spray lubricant and remove any excess. o Vacuum Cabinet: Blow or brush off shelves, terminal blocks and components and thoroughly vacuum the interior of thecabinet. a Insect or Rodent Infestation: Check for signs of ants, wasps or other insectsor rodents within the cabinet. Use appropriate insect traps or powders if any positive findings are discovered. More serious problems shall be reported to the City. o Cabinet Grounding: Using appropriate equipment, check annuallythe resistance between AC andground. o Service Connections: Verify the neutral, ground and power connections are secure in the controller and service cabinets. o Plug-in Components: Check that each plug-in component (rack mount detectors, relays, load switches, etc.) fits tightly and securely. o Ground Fault Receptacle: Verify the proper operation of the "Test" and "Reset" buttons on GFCI typeoutlets. o Intersection Records: Ensure that all intersection cabinet wiring diagramsare present and up todate. o Controller Operation: Manually place vehicle and pedestrian calls on each phase through the cabinet test switches or the controller keypad, to verify controller servicing of each active phase. Check controller logs for any faults o that have occurred and make note for the file. Verify signal timing is current o with timing sheet in cabinet. Confirm controller time and dates are correct. (Especially after day light savings time change). o Conflict Monitor/Malfunction Management Unit: Verify time and datesare correct in any CMU/MMU with an internalclock. o Detector Operation (inductive loops): Verify the detection zones for each detector by observing the turn -on of the appropriate detection indicator asa vehicle passes over the detector loop(s). Check also that a call is placed on the correct controller phase. Detector Operation (video detection): Verify camera operation by monitoring the vehicle call on the video controller unit. Also, verify the calls going to the detector call page in thecontroller. o Equipment Displays and Indicators: Verify that all LED and LCD displays and indications on all cabinet equipment areworking properly. o Pre-Emption Devices: Test any pre-emption devices for proper operation. o System Telemetry: Check the operation of telemetry on controller display and phone modem, if equipped, located in the cabinet. Report any malfunction immediately. o Battery Back -Up System: Check battery backup display for AC IN, UPS OUTPUT, and INVERTER indications. All should be on when utility power is supplied to the cabinet. Also, check battery level and load level displays. Test batteries quarterly. Make note if either is outof range. Keep records of events recorded and total battery run time between maintenance checks to help indicate problem intersections. o Check all battery connections to ensure they are clean and secure. o Safety lighting at signalized intersections are to be replaced as they become inoperative, or when directed by the CITY. High-pressure sodium vapor or LED lamps are to be used for replacement. Starting the third month of this contract, the contractor shall conduct a yearly nighttime survey of City owned lights, inspecting and correcting any inoperable safety lighting, soffit lighting, internally illuminated street name signing, and any other appurtenant illuminated signage. A report of all findings and recommended actions from such survey shall be sent to the City Engineer for review. Attachment C lists the locations and a map of city -owned street lights. Intersection Walk -Around (included as a part of Monthly Routine Maintenance): o General: Remove any easily removable, unauthorized signs, stickers and posters and note any graffiti existing on signal poles or equipment. Notify City of any graffiti observed ontraffic signal equipment. o Signal Heads: Verify that all vehicle and pedestrian heads properly display all indications and he signals are not damaged. Verify the alignment of all heads to the intended direction. Verify that all back plates, visors and doors are visibly secure. Report any landscaping that restricts the view of signal heads to the City (Signal heads should be visible from 250 feet). Labor and material costs to replace malfunctioning displays with Caltrans approved LED units will be paid in addition to the established flat rate fee per intersection. o Pedestrian Equipment: Check all pedestrian push buttons (and bicycle push buttons where provided) and signals by hand to ensure that they are securely mounted and operating properly. Replace damaged or malfunctioning buttons with larger size ADA type buttons as necessary including for the visually impaired. o Internally illuminated street name signs (IISNS): Verify that the IISNS is adequately connected to frame, clamp and brackets, and no panel is broken or missing. o Miscellaneous: Check all detector loops for sealant deterioration, exposed wire, etc. Quarterly Maintenance: Traffic Signal Systems: o Provide a quarterly (i.e. every three months) systems check to ensure traffic signal systems function in accordance with the timing plans. Investigate and determine causes for any performance issues (i.e. faulty pedestrian push buttons, faulty vehicle detection, faulty communication, etc.), and recommend appropriate repairs necessary for system operation in accordance with the timing plan. Repairs necessary to improve the function of traffic signal systems shall be compensated as "Extra Work". o Maintenance of the traffic signal systems is a critical component of the City's desired services. The Contractor will be required to have qualified traffic signal technicians that have demonstrated experience in maintaining traffic signal systems, with a proven ability to troubleshoot and diagnose problems with the efficient operation of thesesystems. Semi -Annual Maintenance (In conjunction with monthly maintenance): Uninterrupted Power Supply (Back -Up) System (see Exhibit "C" for locations): o Load test all batteries and record on paper and with silver marking pen on each battery the date and load test results. o Perform 15-minutetest. o Verify bypass switch is operating property. o Verify unit is set for 60% fully operational and 40% red flash. o Inspect and test battery charging system. Video Detection System Where Applicable: o Insure proper operation, clean video detection camera lens as needed. o Signal Lenses and Signs: Clean and polish all signal lenses and reflectors, align all signal heads and adjust all mast arm mounted street name signs. o Terminal Connections: Test, semi-annually or following any wiring repair, each terminal screw by backing off slightly then retightening to confirm that it is secure. o Check: All pull boxes for structural defects, insect or rodent infestations, and properly secured lids. o Verify timing charts to controllers. If they are not correct contact City staff to verify differences. o Report significant areas of rust on cabinet exterior and signal polesto City staff. o CCTV Cameras Where Applicable: Insure proper operation, clean camera lens asneeded. o Check ground rod clamp and wire. o Check operation of groundfault receptacle. o Measure voltage at service inputs in cabinet and record. o speed feedback signs, flashing beacons, ped. alert system o Battery performance test and replacement o Traffic operation observation to ensure the timing is appropriate. Notify the City Engineer immediately any timing anomaly or deficiency. Records: Intersection Records (to be provided in electronic and hard copy format) o Inventory List: Maintain an inventory list of the equipment in the controller cabinet at each location. The inventory list shall include the model, manufacture, serial number and quantity of each piece of equipment and installation date. The inventory list shall be continually updated, and a copy shall be furnished to the City every six months. o Preventive Maintenance (PM) Checklist Form: Maintain a copy of the Preventive Maintenance Checklist Form approved by the City at each intersection. The PM checklist form shall be completely filled out during each routine maintenance inspection and during any time repairs are made to the controller or any related equipment in the controller cabinet or the signal equipment at the intersection (detector loops, pedestrian heads, signal heads, lenses, lamps and signal poles, etc.). Monthly Activity Report Provide an electronic monthly activity report to the City by the fifteenth working day of each month for the previous month and/or provide internet customer account access. The report shall be provided both as a printout and as a Microsoft Excel Spreadsheet compatible computer file transmitted by e-mail and shall include the following: o Time the service calls were received, time arrived at the intersection, the response time, the number of hours spent for each repair, materials used, and a special listing of intersections with three or more calls in one month. o A complete record of all work that was performed on the traffic signal equipment during the previous month including the make, model, and serial number of any major components or other equipment that was newly installed at each intersection o Time and date the PMwork was performed. Pending Repair List Provide a monthly report of all pending repair work needed at each intersection. Compensation for all routine "Preventive Maintenance" work identified above will be paid at an established flat rate fee per intersection for those intersections maintained in any given month, in accordance with the Cost Proposal, Exhibit "B" and completed and returned by the Contractor in its Proposal. (For clarification, each intersection will be billed to the City no more than once every month for routine preventive maintenance work). No additional or separate payment will be made for labor and materials, vehicles, equipment, or for daily travel time from the Contractor's base of operations to the City. The flat rate fee per intersection represents total compensation for all routine preventive maintenance work as described herein, unless additional or separate payment for repairs or unscheduled/emergency work is otherwise authorized. The Contractor will be required to assign a traffic signal technician to the City as may be necessary to provide routine "Preventive Maintenance" to each traffic signal. The City expects traffic signal technicians to be regularly assigned to the City as necessary to provide routine preventive maintenance, and to respond to unscheduled/emergency work ("Extra Work") during regular working hours (8:00 AM to 5:00 PM, Monday through Friday). An inability to provide maintenance to each traffic signal every month may cause the Contractor to be subject to adjustment of payment to Contractor. 4. UNSCHEDULED MAINTENANCE OF TRAFFIC SIGNAL CONTROL EQUIPMENT Unscheduled/emergency work includes, but is not limited to the following: Downed signal heads, poles, damaged controller and cabinet, damaged internally illuminated street name signs, damaged inductive loops, sensing elements, pedestrian push buttons, pedestrian signal heads, wiring, and other operational equipment related issues. Assist the City for special events or for City construction projects, as necessary to implement revised traffic signal timing and phasing for changed traffic conditions. Repair, replace or otherwise render in good working order any and all defective parts of the traffic signal equipment with like make and model parts for temporary and permanent replacements, except as individually agreed upon bythe City. The Contractor shall provide materials for permanent repairs, uses in the repair or replacement of City equipment. The City shall reimburse the Contractor for materials used for permanent repairs, in an amount equal to the cost of the materials including an agreed mark-up price. No permanent change of control mechanisms shall be done without prior approval of the City. Whenever equipment is removed from the controller cabinet, the City shall be notified by phone within 24 working hours, except weekends and holidays. Notify the City in advance of any traffic signal de -activations that may be required to provide the required services. Traffic signal de -activations shall not be scheduled without the approval of an authorized representative of the City. All traffic signal controller equipment shall be maintained as recommended by the manufacturer. The Contractor shall cover the cost for replacing any parts to the controller mechanisms under the provisions of the preventive maintenance program. When entire controller mechanisms become obsolete or are deteriorated beyond repair, report such conditions to the City and provide satisfactory evidence that replacement is necessary. Prepare estimates showing the cost breakdown of material and labor for replacement of such controller mechanisms and submit this information to the City. Replacement of an entire controller mechanism, if ordered by City, shall be paid for as "Extra Work". "Extra Work" includes, but is not limited to the following: Traffic Signal and Pedestrian Signal Indications: Replace or repair standard traffic signals (red, yellow and green) and pedestrian signal display unitsas they malfunction upon authorization from the City. All traffic signal and pedestrian indications shall be Caltrans approved LED units only. Unscheduled Maintenance: Respond within one (1 ) hourafter City's notice of the following events: o Any signal controller malfunction; o Burned out red, yellow, or green ball or arrow display; o Other situations that are potentially hazardous to public safety The replacement of burned -out lamps need not be on an afterhours "emergency" basis provided that there are at least two (2) such signal indication still operative for each direction of travel. Such replacements will be completed within twenty—four (24) hours. Notify the City within twenty-four (24) hours of any change in traffic signal operation caused by controller replacement, timing changes, and loss of master control or traffic collisions. Maintenance activities that require periodic replacement of minor parts will not require City approval. Replacement of controllers, cameras, and battery backup systems will require approval of City staff prior to replacement. Serial number of unit removed will be recorded and the unit delivered to the Citystaff. Emergencies The Contractor shall contact the City Engineer or his representative regarding any extraordinary maintenance work and seek his prior approval before the work is scheduled. The Contractor shall notify the City Engineer by telephone at least four (4) hours in advance before any work is commenced, except in emergencies where injury or property damage may result without prompt response. For the emergency repair of a signal that is totally blacked out, the following procedure of traffic control shall apply: o The Contractor shall dispatch qualified personnel and equipment to reach the site within one (1) hour under normal conditions. o If no Police personnel are present and temporary stop signs have been set up when the Contractor arrives at the site, the Contractor shall set up more traffic warning and control devices, if deemed necessary, and proceed to repair the signal. After the signal is back in operation, the Contractor shall remove all of the temporary traffic control devices and return those devices owned by the City. o If Police Personnel are still at the site when the Contractor arrives, the Contractor shall quickly examine the signal, evaluate the situation, and discuss it with the Police Personnel. If the repair will take only a few minutes, the officer may stay to continue to direct traffic while the Contractor repairs the signal. If the repair will take longer than the officer can wait, the Contractor shall immediately set up temporary stop signs and all other necessary warning devices and relieve the officer. The Contractor shall notify the City's representative at any time traffic control measures are put into effect. Emergency calls that require replacement of equipment will not require approval from City before such replacements are commenced. Additional staffing shall be provided where responding technician cannot handle emergency work alone (knockdowns, wire pulls, etc.). Maintain a single local telephone where an on -call traffic signal technician can be reached at all times, twenty-four (24) hours per day. This telephone number will be made available to all persons designated bythe City. Monitoring Emergency Calls: At the time the on -call traffic signal technician is notified of an emergency by the City, he will call the designated City representative. If the designated representative is not available, the following numbers are available to verify that the on -call traffic signal technician has received the call. TIME TELEPHONE NO. 7:30 AM - 5:30 PM (626) 960-4011 extension 458, Public Works Department (626) 806-7468, designated City representative cell 5:30 PM - 7:30 AM After hour telephone number: (626) 960-1955 Baldwin Park P.D. Dispatch Upon completion of emergency work, contact the above telephone numbers and inform the City that the emergency work has been completed. Compensation for unscheduled maintenance work identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal, Exhibit "B. Compensation for travel time shall be included in the payment for unscheduled or emergency work for those calls originating between 5:30 PM to 7:30 AM, for the actual travel time to the City, up to a one (1) hour maximum. The Contractor will be required to maintain any additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of the City. Upgrade work may include but is not limited to the following: o Replacement of existing non -operative equipment as needed; o Enhancing equipment as needed or warranted; o Installation of new controller equipment, signal cabinets, signals heads, new and relatedwiring; o When requested by the City, install, modify or upgrade traffic signals or electrical ormechanical traffic control ortraffic safety devices; No upgrade work shall be commenced or undertaken unless authorized by the City. Said authorization is a condition precedent to receiving any reimbursement for upgradework. Work shall be performed in accordance withthe Standard Plans (current) and Section 86 of the Standard Specifications (current) for the State of California Department of Transportation and the City of Baldwin Park special provisions. This work shall be performed within a time limit established by the City and for a mutually agreed upon price. City will retain the right to perform any additional work by use of City forces or, in the alternative, to advertise such work forbids. 6. NEW TRAFFIC SIGNALS The Contractor shall be required to coordinate with the City's designated representative on any new traffic signals installed by another Contractor under contract with the City ("City Installed Traffic Signal"), or by another Contractor under contract with a private party ("Developer Installed Traffic Signal"). The City shall assume all responsibility for coordinating construction inspection of new traffic signals, whether a City Installed Traffic Signal or a Developer Installed Traffic Signal, up to, but prior to, final acceptance of work and traffic signal activation. When requested by the City, the Contractor shall coordinate with the City's designated representative when notified that a new traffic signal is to be activated. The Contractor shall participate in a walk-through of the new traffic signal improvements with the City's designated representative to determine that the new traffic signal improvements will function as designed. When scheduled, the Contractor shall attend the traffic signal activation, and shall participate in confirming that all components of the new traffic signal improvements are operational with the City's designated representative and the installing Contractor. The Contractor will be responsible for assuming maintenance responsibilities for all new traffic signals following activation. Compensation for reviewing new -traffic signals as identified above will be paid at the hourly labor rates, and vehicle and equipment rates, in accordance with the Cost Proposal, Exhibit "B". 7. ADDITIONS TO SYSTEM The Contractor shall maintain, at the same unit price, additional traffic signals and appurtenant devices as they are installed or become a part of the maintenance requirements of the City. In the event that notification is made of a new installation at other than the beginning of a monthly period, the unit cost of routine maintenance will be prorated from the day the Contractor is notified. 8. TRAFFIC CONTROL The Contractor shall provide safe and continuous passage for pedestrian and vehicular traffic at all times. The Contractor shall obtain a no -fee encroachment permit from the City prior to any lane closures or construction activity within the City right-of-way. All warning lights, signs, flares, barricades, delineators, detours, and other facilities for the sole convenience and direction of public traffic shall be furnished and maintained by the Contractor. All traffic control shall conform to, and be placed in accordance with, the current Work Area Traffic Control (WATCH) Handbook and CAMUTCD. Flashing arrow board shall be furnished and maintained as directed by the City. During working hours, a minimum of one (1) 12-foot wide travel lane in each direction and all existing left -turn pockets whenever feasible shall be maintained. No lane closures will be permitted between the hours of 7:00 a.m. and 9:00 a.m. or 3:00 p.m. and 6:00 p.m., unless an emergency situation exist and such a closure is necessary to safeguard the traveling public. Separation between travel lanes, channelization, and delineation of the maintenance area shall be accomplished by the use of delineators and/or cones placed at a maximum of fifteen (15) feet on center. Each vehicle used to place and remove components of a traffic control system on multi- lane highways shall be equipped with a flashing arrow board that shall be in operation when the vehicle is being used for placing, maintaining or removing said components. The flashing arrow board shall be in place before lane closure(s) requiring its use in implemented. When maintenance is completed, all traffic control signs, barricades, delineators, etc., shall be removed from the site. 9. WARRANTY SERVICES During the period of warranty, the Contractor will be required to coordinate all communication between manufacturer, installing Contractor and the City regarding any warranty service; and to notify the City of any undue delays in response by the manufacturer or installing Contractor and details of each incident. No additional, or separate, compensation shall be paid for warranty service work, which shall be considered as included in the compensation paid for services provided in relation to "Upgrade Work" or "Traffic Signal Inspection". 10. MEETINGS The assigned traffic signal technician shall be available to meet with the City's designated representative on a monthly basis or as needed at a mutually agreed upon time and place in the City to review each month's maintenance activities. The assigned traffic signal maintenance supervisor shall be similarly available to meet with the City's designated representative on a monthly basis. No additional, or separate, compensation shall be paid for attending meetings, which shall be considered as included in the compensation paid for all the various services provided hereunder. 11. METHOD OF PAYMENT City agrees to compensate Contractor for each service which Contractor performs to the satisfaction of City in compliance with the schedule set forth in Exhibit "B". For cost accounting purposes, payment will be made only after submission of proper invoices (hard copy). EXHIBIT "B" CITY OF BALDWIN PARK TRAFFIC SIGNAL LIST City of Baldwin ParkTraffic Signals City of Baldwin Park Signalized Intersections Year of Location Construction Controller Type Program City Maintained I Badillo & Puente 1983 2 Badillo & Willow 2012 3 Baldwin Park & Bess 1995 4 Baldwin Park & Calais 2003 5 Baldwin Park & Clark 1999 6 Baldwin Park & Foster 1997 7 Baldwin Park & Francisquito 1975 170E - 332 LACO-1 R 8 Baldwin Park & Los Angeles 1975 9 Baldwin Park & Merced 1975 10 Baldwin Park & Morgan Park Crossing 1999 11 Baldwin Park & Ohio Street 2016 12 Baldwin Park & Olive 2001 13 Baldwin Park & Ramona 1994 14 Baldwin Park & Sterling Way 1983 15 Baldwin Park & Stewart 2012 16 Baldwin Park & Tracy (will be Caltrans Main.) 1996-mod 170E - 332 17 Downing & Pacific 1998 18 Downing & Ramona 1992 19 Francisquito & Dalewood 1985 20 Francisquito & Frazier 1983 170-332 Bi-trans 21 Francisquito & Garvey 2006 170E - 332 LACO-1 R 3 dial time 22 Francisquito & Vineland 1974 Econolite type26 clocks 23 Francisquito & Puente 1983 170-332 Bi-trans 24 Frazier & Earl 2005 25 Frazier & Foster 2012 26 Los Angeles & Center 1993 LACO-1R 27 Los Angeles & Bresee 2006 LACOAR 28 Los Angeles & Hornbrook 2016 170E - 331 LAC04E 29 Los Angeles & La Rica 2016 170E - 332 LACO-4E 30 Los Angeles & Stewart 2006 LACO-1 R 31 Los Angeles & Merced 2006 32 Los Angeles & Walnut 1998 33 Maine & Clark 1983 34 Maine & Palmrose 2005 170 - 332 LACO-1 R 35 Maine & Francisquito 1996 170E - 332 Bi-Trans 36 Maine & Los Angeles 1983 37 Maine & Ohio/Hallwood 2006 LACO-1 R 38 Maine & Olive 1983 39 Maine & Shopping Center 1998 40 Merced & Ahem 2006 LACO-1 R 41 Merced and Market Place 2003 42 Merced and Vineland 2003 43 Pacific & Vineland 1996 44 Pacific & Big Dalton 2006 LACOA R 45 Puente & Dalewood 1998 46 Puente & Merced 1983 170 - 332 Bi-trans 47 Puente & Pacific 1996 170 - 332 Bi-trans 48 Ramona & Bogart 1983 49 Ramona & Earl 2005 170E - 332 LACO 50 Ramona & Foster 1968 51 Ramona & Francisquito 1960 170 - in 332 LACO-1 R 52 Ramona & La Rica 1983 53 Ramona & Maine 1995 54 Ramona & Merced 2000 55 Ramona & Monterey 2003 LACO 56 Ramona & Puente 1974 57 Ramona & Stewart 1995 58 Ramona and Cesar Chavez 1983 59 Ramona Blvd. & Badillo/ Lozano 2003-mod LACO 60 Towne Center Drive & Puente 1999 Los Angeles County Maintained Arrow Hwy & Azusa Canyon Road N/A Brooks Drive & Rivergrade Road 1986 Live Oak & Stewart 2001 Los Angeles & Little John (75% owner) 1986 Ramona Blvd. & Barnes Avenue 1986 Ramona Blvd. & Syracuse Avenue 1986 City of Irwindale Maintained (City of Santa Fe Springs contract) Arrow Hwy & Maine Avenue (33% owner) 1973 Francisquito Avenue & Willow Avenue Live Oak & Baldwin Park Blvd.(43.5%a Owner) Live Oak & Rivergrade Road Caltrans Maintained 605 Fwy. & Los Angeles N/A 605 Fwy. & Ramona 1969 1-10 Westbound & Baldwin Park 2006 1-10 Westbound & Garvey (Puente/Merced) 2003 1-10 Eastbound & Frazier (Judith/Dalewood) N/A 1-10 Eastbound & Puente 1971 Baldwin Park & Dalewood 1965 Puente & East Dalewood N/A Pedestrian LED Crosswalks and Speed Feed -back Including but not limited to the following: Burch Elementary School Elwin Elementary School Holland Middle School Kenmore Elementary School Margaret Heath Elementary School Margaret Heath Elementary School Pleasant View Elementary School Pleasant View Elementary School Walnut Elementary School School Zone Flashers Speed Feedback Signs Speed Feedback Signs Speed Feedback Signs N/A 1987 N/A SB 4301 Merced Ave EB 12851 Fairgrove St NB 4628 Landis Ave SB 3821 Kenmore Ave Speed Feedback Signs SB 5027 Maine Ave School Zone Flashers SB 4881 Landis Ave Speed Feedback Signs EB 14847 Nubia St. School Zone Flashers NB 4852 Borel St School Zone Flashers 4614 Walnut Ave NB 4124 Merced Ave NB 4847 Landis Ave EXHIBIT B SCHEDULE OF COMPENSATION Rev 1.0 August 27th, 2018 June 6, 2018 Traffic Signal Maintenance Services - RFP Page22 APPENDIX "A" CONTRACT UNIT PRICE SCHEDULE OF TRAFFIC SIGNAL MAINTENANCE ITEMS 1. Routine Maintenance: tQW.. Unit Cost TOTAL Each signalized intersection, per month 60 $ 66.50 $ 3,990.00 Each pole mountedFlashing Beacon, per month 4 $ 32.00 $ 128.00 Overpass Bridge Light Maintenance, per month 1 $ 30.00 $ 30.00 Sub -Total $ 4,148.00 2. Semi -Annual Maintenance (except after rains): a. Video Detection System maintenance where applicable, clean video detection camera lens as needed Per Camera $ 50.00 b. Signal Lenses and Signs maintenance Per Corner $ 120.00 c. CCTV Cameras where applicable, clean camera lens as needed Per Camera $ 55.00 d. Battery Back -Up System Maintenance Per System $ 29.00 e. Replace controller cabinet filter Per Cabinet $ 3.50 f. Stationary speed feedback signs Per Sign $ 28.00 Sub -Total: $ 1,633.00* *Sub -total assumes: 1 ea Item 2(a.) 1 ea Item 2(b.) 1 ea Item 2(c.) 22 ea Item 2(d.) 60 ea Item 2(e.) 20 ea Item 2(f.) June 6, 2018 Traffic Signal Maintenance Services - RFP Page23 3. Annual Maintenance: Field check paint condition and prepare an annual painting list of twenty(20) locations/year. a. Painting of pedestrian heads and signal heads 1) Signal Head$ 2,100.00 Including frameworks per signalized intersection, 2) Ped Head $750.00excluding controller and electric service cabinets 3) PPB $ 250.00 Sub -Total for 20 locations $ 62,000.00* 'Sub -Total is based upon an average sized intersection (16 signals, 8 peds, 8 PPBs) Unscheduled/Emergency Work (`Extra Work") 4. Extraordinary Maintenance: a. Replacement of standard 6' circular detector Loops including saw cut lead-inand cable splicing $ 450.00 b. Installation of completed new pedestrianhead with Walkman/Hand indication and solid state transformer $ 530.00 c. Completed testing of traffic signal controller cabinets, including all internal equipment and written certification $ 985.00 d. Painting of traffic signal controller cabinetand Type III electric service cabinet per signalized Intersection (ifneeded) $ 435.00 e. Replaceexisting signal lights assembly with LED unit 110.00 f. Installation of three -section traffic signalheads With 12-inch SfasS—ii-nsms backplates, and frameworks $ 995.00 'Includes signal housing, framework, backplate, three visors, RYG or RA-YA-GA LEDs g. Replace Type I A pole $ 675.00 h. Material and Parts: Supplier's invoice amount plus 15%markup $ 15% as noted June 6, 2018 Traffic Signal Maintenance Services - RFP Page 24 Regular Time Overtime Premium Per Hour Per Hour Per Hour h. Labor: Traffic Signal Maintenance Supervisor $ 130.00 $ 130.00 $130.00 Traffic Signal Technician 1 $ 122.00 $ 151.00 $180.00 Traffic Signal Technician II $ 108.00 $ 128.00 $149.00 Traffic Signal Laborer $ 95.00 $ 140.00 $140.00 Traffic Signal Apprentice $ 100.00 $ 120.00 $140.00 Trainer $ 130.00 $ 130.00 $130.00 Other Crane Operator $ 122.00 $ 151.00 $180.00 Other None $ $ 'Premium to be charged for Sundays, Holidays and any additional circumstances as outlined per the Davis Bacon Act and the State of California Department of Industrial Relations (Prevailing Wage guidelines) Rate per Hour i. Equipment: Pickup Truck $ 22.00 Service Truck $ 25.00 Service/LadderTruck $ Not Safe Boom/Ladder Truck $ 26.00 Water Truck $ 22.00 Concrete Saw and Truck Air $ 25.00 Compressor with Tools $ 5.00 Crane $ 45.00 BucketTruck $ 26.00 Fil1 \ 1 \ \ W \ 1 g \ k I P MA d.rwgT . . \ ■ lir \ \ ► - i i _=1JAWKE THIS AMENDS THE AGREEMENT entered into on the 5- day of September 2018. THE FIRST AMENDMENT AND ASSIGNMENT TO TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES AGREEMENT (this "First Amendment") is dated as of March 18, 2022 (the "Effective Date"), and entered into by and between the CITY OF BALDWIN PARK, a California municipal corporation (the "City"), SIEMENS MOBILITY, INC. ("Assignor") and YUNEX LLC ("Assignee"). RECITALS A. The City and Assignor, entered into a TRAFFIC SIGNAL AND STREET LIGHT MAINTENANCE SERVICES Agreement dated September 5th, 2018 (the "Agreement"), which, named Assignor as the service provider named to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" listed as Exhibit A in the agreement; and B. As of the Effective Date of this Amendment, the Agreement remains in effect; and C. Subsequent to the Effective Date of the Agreement, Assignor divested its ITS business to a separate entity, YUNEX LLC. Therefore, the Traffic Signal and Street Light Maintenance Agreement is amended as follows: In accordance with Section 6 of the Agreement, the City acknowledges and consents to assignment of the Agreement from Assignor to Assignee. Hence, the Agreement is amended by replacing named "Service Provider" in its entirety as follows: "Siemens Mobility, Inc." shall mean Yunex LLC, a limited liability company and its lawful successors or assigns. All rights, obligations, liabilities under the Agreement shall be transferred to Assignee as of the Effective Date. 2. Section 22 of Agreement is amended to update Yunex 's notice information as follows: Designated Service Providers Representative: Yunex LLC Attn: Anchal Bansal 9225 Bee Cave Road Building B, Suite 201 Austin, TX 78733, USA Phone: +1 770-598-4705 E-mail: anchal.bansal siemens.com 3. Except as expressly modified by the language of this First Amendment, the Agreement remains unchanged. TO EFFECTUATE THIS FIRST AMENDMENT AND ASSIGNMENT TO THE AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, and in order to bind themselves legally to the terms and conditions of this First Amendment, the duly authorized representatives of the parties have executed this First Amendment as of the Amendment Date. CITY OF BALP-OPIN-PARK, a Cklifoppia/mqnicipal corporation is Gutierrez, YUNEX LLC, a limited liability company By: Steve Teal_-P-oAfolio Unit Head Date: in Hutchens Digitally signed by 1.1ch.- Michael DW cn=Hutchens M,,h,,I, Michael Date! 2022.0405 14 00 10 -07'00' Mike Hutchens, Operations Manager Date: April 5 t h 2022 Siemens Mobility, Inc. By: Marc Buncher, CEO Date: -3 1,,, 1 -,- 2022 By: Marsha Smith, CFO Date: 2022 F-ANYWIN City Clerk - ITEM NO. 17 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works s'EL� : PREPARED BY: Bernardo Navarrete, Engineer Assistant Juw DATE: December 6, 2023 SUBJECT: Conduct a Public Hearing and Adopt of Resolution No. 2023- 040 "A Resolution of the City Council of the City of Baldwin Park, California, Ordering Vacationing of an Alley Between Bogart Avenue and Downing Avenue Pursuant to Streets and Highways Code 8300-8325." ►Au_; A This report requests that the City Council consider the ordering the vacation of an Alleyway between Bogart Avenue and Downing Avenue as shown on the map of Tract No. 94, in the City of Baldwin Park, County of Los Angeles, State of California, as requested by the adjacent property owner of 14617 Ramona Boulevard. The intended vacated public alley will allow for the owner, Cesar Chavez Foundation, to develop a 57-unit multi- family residential building. RECOMMENDATION It is recommended that the City Council: Hold a Public Hearing and consider all public testimony regarding this matter; and, 2. Waive further reading, read by title only and adopt Resolution No. 2023-040 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING VACATIONING OF AN ALLEY BETWEEN BOGART AVENUE AND DOWNING AVENUE PURSUANT TO STREETS AND HIGHWAYS CODE 8300-8325." FISCAL IMPACT The vacation of the alley will have no negative impact on the City's General Fund. These actions will provide a minimal beneficial impact to certain restrictive funds as it allows the new property owner to move forward with the development of the property and eliminate the need for City resources and responsibility for the maintenance of the alley being vacated. BACKGROUND The property owner of 14617 Ramona Boulevard requested that the City vacate a 20-foot wide by 175-foot-wide strip of land currently utilized for public use purposes as an alley. The strip of land is paved with asphalt concrete pavement and is currently utilized as a shared alley for driveway access to surrounding residential properties. Although it is currently used as driveway access, it remains public right-of-way and is maintained by the City. The affected properties will be acquired by the property owner and will be included as part of the planned development. An initial public hearing was held at the November 1, 2023, City Council regular meeting at which time there was no opposition announced regarding the City's intent to vacate the Alley Page I / 2 DISCUSSION The development proposes 57-unit multi -family residential building, 2 and 3 stories over one level of semi - subterranean parking garage that includes a mix of one -bedrooms, two -bedrooms, and three -bedrooms. The development will include various indoor and outdoor amenities. As part of the process of vacating said strip of alleyway, a public hearing is required. Pursuant to Resolution No. 2023-040, the subsequent Public Hearing is being held. Upon conclusion of the Public Hearing, the City Council may consider ordering the alley vacation. If so ordered, staff will ensure the documents submitted for recordation to the Los Angeles County Recorder's office include an Irrevocable Offer of Dedication (IOD). The IOD will allow the city to re-establish ownership of said strip of land for future public right-of-way improvements. Recordation will be contingent upon completion of review by the Planning Division under Government Code Section 65402. ALTERNATIVES City Council can direct staff with an alternate direction. CEQA REVIEW The action being considered by the city council is exempt from the California Environmental Quality Act (CEQA) because it is not a "project" under section 15378(b)(5) of CEQA guidelines. The action involves an organizational or administrative activity of government that will not result in a direct or indirect physical change in the environment. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2023-040 2. Exhibits A, B & C 3. Public Hearing Notice Page 2 / 2 RESOLUTION NO.2023-040 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE VACATION OF AN ALLEY BETWEEN BOGART AVENUE AND DOWNING AVENUE PURSUANT TO STREETS AND HIGHWAYS CODE 8300-8325 UPON FULFILLING ALL OF THE TERMS AND CONDITIONS HEREIN ESTABLISHED" WHEREAS, a request was made by the Cesar Chavez Foundation, property owner of 14617 Ramona Boulevard, pursuant to Streets and Highways Code Section 8300 et. seq. to vacate the Alley between Bogart Avenue and Downing Avenue; and WHEREAS, pursuant to Streets and Highways Code Section 8300 et. seq. based upon staffs analysis and assuming the conditions herein are accomplished, the proposed street vacation is unnecessary for present public use; and WHEREAS, based upon staffs analysis, the proposed vacation is not in conflict with the Circulation Element of the General Plan, or any other element of the General Plan, and WHEREAS, pursuant to the provisions of the California Environmental Quality Act, Public Resources Code Section 21.000 et. seq. ("CEQA"), the State's CEQA Guidelines, and Government Code Section 65962.5(f) (Hazardous Waste and Substances Statement), staff found no evidence that the proposed street vacation would have a significant effect on the environment and therefore a Negative Declaration will be prepared; and WHEREAS, the vacation proceedings were initiated based on Street and Highways Code Section 8320 (a) where a public hearing is set administratively, with all required published legal notice; and WHEREAS, notice and posting was completed per Street and Highways Code Section 8320 (b) where a description and map showing the proposed vacation has been conspicuously displayed at the site; and WHEREAS, the City Council declared the intent to vacate the Alley between Bogart Avenue and Downing Avenue, with the adoption of Resolution No. 2023-035 on November 1, 2023. Resolution No. 2023-040 Page 2 NOW THEREFORE, IT IS HEREBY RESOLVED AS FOLLOWS: SECTION 1. That the above recitals are all true and correct SECTION 2. That the public interest, safety, and convenience will be satisfied with the street vacation described in Exhibit "A" and shown in Exhibit "B" attached hereto and made a part hereof, and SECTION 3. That the City Council of the City of Baldwin Park does hereby elect to proceed under and by virtue of the provisions of Section 8300 et. seq. of the Street and Highways Code of the State of California; and SECTION 4. That this Resolution shall become effective upon verification by the City's Director of Public Works that (i) all necessary utility easements have been retained, and (ii) an Irrevocable Offer of Dedication to transfer ownership of a 175-foot strip adjacent to Bogart Avenue and Downing Avenue for future right-of-way purposes has been provided by the property owner; and SECTION 5. That the street vacation requires that all the conditions of approval are satisfied before the land transaction documents are recorded in the Office of the County Recorder, such conditions of approval are shown in Exhibit "C" attached hereto and made a part hereof, and SECTION 6. That title to the street vacated under this resolution shall be transferred to the owner of record of the property directly adjacent to the vacated land, such adjacent property also known as 14617 Ramona Boulevard. SECTION 7. That the City Clerk shall certify to the adoption of the Resolution and shall cause the same as to be published or posted in the manner prescribed by law. Resolution No. 2023-040 Page 3 APPROVED AND ADOPTED this 6th day of December 2023. Emmanuel J. Estrada Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Christopher Saenz, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2023-040 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on December 6, 2023, and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: Christopher Saenz City Clerk FZ cm LOT 20 LOT 19 -c TW NO, 2517 M,8, 24 PG. 66 LOT 66 -4 (W N7 4,37-0106-019 LOT 65 NORTH 162A LOT 61 LNORTH _ 137.341' LOT 60 ns NORTH 130.91 6.22 LOT 59 KRN. EASEMENT NOTE: (DFASEMENT RESERVED BY TITLE INSURANCE AND TRUST COMPANY, A CAUFORNLA CORPORAT", FOR RIGHT -OF—WAY FOR AN OPEN DITCH OR PIPE UNE, POLE LINES AND FOR GAS AND SEWER MAINS PURPOSES RECORDED ON APRIL 21, 1925 IN BOOK 3905, PAGE 305, AND RECORDED ON JUNE 10, 1925 IN BOOK 4424, PACE 57, BOTH Of OFFICIAL RECORDS. OWNERSHIP NOTE: A.P.N. 8437-006-016; 8437-006-017; 8437-006-019, 8437-006-020; 8437-006-021, 8437-006-023; 8437-006-024 ARE UNDER OWNERSHIP OF CESAR CHAVEZ FOUNDATION DATE: JUNE 13. 2023 Tollm To) I LOT 56 TRACT ft 94 MX. 13 PG. 85 DOWNING AVE. 04, PROPOSED ALLEY VACATION (175'X2V=3,500 SO.FT.) STREET RIGHT—OF—WAY EXISTING LOT LINE EASEMENT UNE EXISTING PARCEL LINE AUMMADOI ASSESSOR PARCEL NUMBER A.P.N. M.B. MAP BOOK NO, NUMBER P.M. PARCEL MAP PG PAGE SOQLFT SQUARE FEET $CALF— I%uW EXHIBIT C CONDITIONS OF APPROVAL Submit an irrevocable offer of dedication for a 20-foot wide by 175-foot long strip of land adjacent to Bogart Avenue and Downing Avenue for future right-of-way purposes. F RLn�'!ti`', CITY OF BALDWIN PARK � .SAN GABRlEL, � �P°Rti�A��P"N NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN that the City Council of the City of Baldwin Park will hold public hearings on their regularly scheduled meeting of WEDNESDAY, December 6, 2023 at 7:00 p.m.(or soon there after) in the City Council Chambers located at 14403 E. Pacific Avenue, Baldwin Park, CA. Said public hearing shall consider: The benefit of public input concerning an intent to vacate a portion of the alley located near the intersection of Ramona Boulevard and Downing Avenue. The right-of-way proposed to be vacated is located along Downing Avenue and is more particularly described as follows: Alley shown on the map of Tract No. 94, in the City of Baldwin Park, County of Los Angeles, State of California, recorded in book 13, page 85 of maps, in the office of the County recorder of said county, lying Southerly of and adjacent to lot 57 of said tract; bounded on the West by the East line of lot 66 of said tract; and bounded on the East by the Southern prolongation of the East line of said lot 57. Protests, comments or objections in reference to the intended vacated alley must be delivered in writing to the Chief Deputy City Clerk, City of Baldwin Park, 14403 E. Pacific Avenue, Baldwin Park, California 91706, prior to the conclusion of the public hearing on December 6, 2023. Please include the service address with any correspondence. Every written protest shall be emailed to the Chief Deputy City Clerk at sguinones@baldwinpark.com before 4:00 PM on December 6, 2023. For additional information, please contact Sam Gutierrez, Director of Public Works at (626) 960-4011. ITEM NO. 18 +�►��Wz, TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Director of Community Development ShBRI'EL �� Nick Baldwin, AICP, City Planner JAT4"J DATE: December 6, 2023 SUBJECT: A request for consideration and recommendation of approval of a Zoning Code Amendment to reduce the minimum number of hotel rooms, a Conditional Use Permit for the operation of a Hotel (Extended Stay America), Variance to reduce the number of required parking spaces, and a Design Review for architectural, parking lot, and landscaping improvements. (Location: 14624 Dalewood Street; Applicant: Lisette Sanchez - Mendoza - MIG for Sonjay Patel and Jayesh Patel of SNS Hotels and Zyra Hospitality, LLC; Case Numbers: AZC 22- 03, CP 22-11, ZV-22-07, PR 22-46). SUMMARY The Applicant is requesting approval to allow the renovation of the former Regency Hotel and site (the "Project"), located at 14624 Dalewood Street. The Applicant is proposing to renovate the vacant hotel, redesign the parking lot, and remove the swimming pool. The Applicant is also proposing to maintain the same number of hotel rooms and to increase the size of hotel room by enclosing the exterior balcony space, develop additional square footage for the hotel lobby area, and add a canopy over the main entrance. The project consists of the following requests: 1) Adopt a Mitigated Negative Declaration of Environmental Impact analysis for the Project. 2) Zoning Code Amendment (AZC 22-03) to reduce the minimum number of hotel or motel rooms from 100 rooms to 70 rooms or more; 3) Conditional Use Permit (CP 22-11) for the operation of the hotel use; 4) Variance (ZV 22-07) to reduce the number of parking spaces required from 76 to 60 parking spaces; and 5) Design Review (PR 22-46) for the renovation of the existing vacant hotel building, parking lot, and landscaping improvements. On November 8, 2023, the Planning Commission reviewed the project and recommended approval to City Council. RECOMMENDATION It is recommended that the City Council 1. Open and conduct a Public Hearing; and Page 1 / 7 2. Adopt City Council Resolution 2023-041 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CERTIFYING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT OF 1970"; AND 3. Waive further reading, read by title only and introduce Ordinance 1508 entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING SECTION 153.120.310 (B) OF CHAPTER 153 TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, RELATING TO THE MINIMUM NUMBER OF HOTEL AND MOTEL GUEST ROOMS"; AND 4. Adopt City Council Resolution 2023-042 entitled, "RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT (CP 22-11) FOR THE OPERATION OF A HOTEL, A VARIANCE (ZV 22-07) TO DEVIATE FROM THE MINIMUM NUMBER OF REQUIRED PARKING SPACES, AND DESIGN REVIEW (PR 22-46) TO FACILITATE THE RENOVATION AND REOPENING OF AN EXISTING VACANT HOTEL AS AN 1 :1110017aI IR1K,Ma."\ 11-a N[�1_�i FISCAL IMPACT It is estimated that the General Fund will receive $275,000 potential Transit Occupancy Tax. BACKGROUND The project site is relatively flat and is the location of the vacant Regency Hotel. The Regency Hotel, built in 1967, is vacant and has ceased operation in February 2017. The 4-story hotel has 72 hotel rooms and 44 parking spaces. The small retail pad, which is detached from the hotel building, is not part of the Project and the Applicant is currently seeking potential tenant for the vacant 818 square foot space. When the Regency Hotel was built in 1967, the structure and parking complied with the City's zoning code at that time. However, the Regency Hotel became a legal, non -conforming use in 1981, when the City adopted an ordinance requiring all hotels and motels to receive a Conditional Use Permit. The property became more non- conforming in 1986, when the City adopted an ordinance requiring all hotels and motels to contain no fewer than 100 guest units or rooms. The Applicant is the new owner of the Regency Hotel property. The Applicant wishes to renovate and reopen the hotel. The Applicant is proposing to maintain the same number of hotel rooms and to increase the number of on - site parking spaces. The first order of analysis would be the consideration of approving a code amendment to allow for fewer hotel rooms. The second order of analysis is the consideration of a CUP and a parking variance. To provide additional context, a summary of the historical benchmark dates of the Regency Hotel is as follows: — December 4, 1967, the City issued Certificate of Occupancy for the 4-story, 72-room motor lodge (motel), which is permitted by right in the C-2 General Commercial Zone. — May 6, 1981, the City adopted Ordinance 818, which required motels within C-2 Zone to have a Conditional Use Permit (CUP). — June 4, 1986, the City adopted Ordinance 930, which amended the zoning code to include a new zone classification named Freeway Commercial (F-C). Page 2 / 7 - June 12, 1986, the City adopted Ordinance 929, which changed the Regency Hotel site from C-2 zone to F-C zone. - June 12, 1986, the City adopted Ordinance 941, which created development standards for hotels and motels, such as hotels and motels shall be located within 300 feet of a freeway right-of-way and to contain a minimum of 100 guest units. - December 2014, Dalewood Holding, LLC purchased the Regency Hotel property. - February 19, 2017, the third floor of the Regency Hotel caught on fire and remainder of hotel received smoke, heat, and water damage; the electrical, plumbing, and mechanical systems were also damaged. - December 31, 2017, the motel business license expired and was not renewed. - January 2, 2018, Dalewood Holding, LLC submitted plans to repair the fire damages. - January 30, 2018, Planning Division approved the plans to repair the fire damages, subject to the condition that all repairs be completed on or before February 19, 2018 per BPZC Section 153.200.160(C), which states that nonconforming structures damaged by any casualty may be restored to the condition that existed prior to the casualty if completed within 12 months from the date of causality. - February 12, 2018, the Building & Safety Division issued a final approval of the plans, thereby allowing a building permit to be issued. - March 28, 2018, the City's Community Development Director issued an Order of Abatement of Nonconforming Use to the property owner, Dalewood Holding LLC. - August 14, 2019, through to February 12, 2020, the Planning Commission and City staff met with Dalewood Holding LLC on their request to Appeal the Order of Abatement. On February 12, 2020, the Planning Commission denied the Appeal. - February 16, 2022, the Applicant became the new owner of the Regency Hotel property. DISCUSSION The Applicant purchased the vacant hotel site with the intention to renovate the property into an Extended Stay America hotel. The Applicant has been in negotiations with the Extended Stay America (ESA) and has secured a letter of interest from the corporation to operate an Extended Stay America hotel on the site. To enable the redevelopment of the site, the Applicant wishes to amend the zoning code by reducing the minimum number of hotel and motel rooms from 100 rooms to 70 or more rooms. Should this code amendment be granted, the Planning Commission may then consider the Applicant's request for a Conditional Use Permit to allow for the AZC 22- 03, ZV-22-07, CP 22-11, PR 22-46 14624 Dalewood Street, Baldwin Park, CA Page 5 of 17 operation of the hotel, as well as the request for a Parking Variance, and Design Review. A Mitigated Negative Declaration has been prepared to evaluate and mitigate potential environmental impacts caused by the Project. Pursuant to Section 153.120.290, a market feasibility study was completed by an independent consultant for the Applicant. The Applicant has also prepared additional special studies, analyzing specific areas of concern identified by City staff. These studies include a Parking Study to substantiate the request to provide fewer parking spaces than required by the zoning code, and a Traffic Impact Analysis to evaluate traffic impacts on specific intersections and the need for a traffic turn -lane entering the site. The study determined that there is no need for the left turn lane. The Project is further described below as well as the corresponding required planning entitlements and highlighted findings from the special studies and reports. The Applicant wishes to renovate and reopen the existing, unoccupied 72-room hotel on a 1.23- acre site. A small expansion of the building area is proposed as part of the project. To enlarge the size of the hotel rooms, the existing outdoor balconies would be enclosed, and the fagade of the structure would be redesigned to account for the removal of the balconies. In addition, approximately 350 square foot hotel lobby would be added and an approximately 300 square foot steel -framed canopy would be installed over the proposed passenger drop-off zone at the entrance of the hotel. The remodel and renovation of the hotel would add approximately 3,944 square feet of total building area, thereby increasing the hotel square footage from 33,768 square feet to 37,712 square feet. The proposed Project would also include the demolition and backfilling of the existing 950-square foot swimming pool with approximately 300 cubic yards of soil, Page 3 / 7 reconfiguration, and repaving of the existing parking lot to provide an additional 16 parking spaces and two loading spaces to the existing 44 spaces, and 7,710 square feet of landscaping improvements throughout the parking lot area. Vehicular access to the site would be provided by two existing driveways along Dalewood Street. The westernmost driveway would be restricted to vehicles exiting and right -turn only. The easternmost driveway would allow vehicles to enter and exit. Although the stand-alone 818 square -foot retail pad is not a part of the Project, the Applicant included the retail pad as a restaurant use for purposes of analysis within the special studies. Zoning Code Amendment (Section 153.210.720 to 153.210.760): The current zoning code requires hotels and motels to have a minimum of 100 guest units (Section 153.120.310 (B)). The Applicant wishes to amend the zoning code for hotels and motels to allow for fewer rooms by reducing the minimum number of rooms to no less than 70 guest rooms. To substantiate this request, the Applicant researched and compared the current zoning code requirements related to the minimum number of hotel or motel rooms of eight surrounding cities in the San Gabriel Valley and the Inland Empire to the City of Baldwin Park. As seen in the table below, Baldwin Park has the most restrictive requirement for the number of rooms, four times the room requirement when compared to Covina and West Covina. The Applicant has stated that with the approval of the reduction from 100 rooms to 70 or more rooms, Baldwin Park would still be more restrictive than the other test cities. CITY MINIMUM NUMBER OF ROOMS Baldwin Park 100 West Covina 25 Covina 25 San Dimas 6 El Monte No Minimum Duarte No Minimum Monrovia No Minimum Glendora No Minimum Upland No Minimum In addition, the Applicant has prepared a Market Feasibility Report, which affirms the financial viability of the proposed hotel project, by analyzing the current market conditions, and considering the costs of renovation and the operational income and expense over a ten year period for this type of hotel. The Market Feasibility Report analyzed current and future conditions within the greater Los Angeles region as well as the immediate market area. The Market Feasibility Report is attached (Attachment #6). A resolution recommending approval of the code amendment to the City Council has been prepared for Planning Commission consideration. Conditional Use Permit (Section 153.210.450 to 153.210.500): Hotel and Motel uses require the approval of a Conditional Use Permit (Section 1.53.050.020). The existing Regency Hotel did not apply for a CUP and was, therefore, deemed a legal, non -conforming use in 1981 and has ceased operation since approximately February 2017..Pursuant to BPZC Section 153.050.020, the Applicant is seeking a CUP for the operation of the hotel use. The Applicant desires to renovate the hotel property and to reopen the hotel facility as an Extended Stay America hotel. The Applicant has been in negotiations with the Extended Stay America corporation and has secured a Page 4 / 7 letter of interest from the corporation. A resolution of approval has been prepared to grant the CUP and the Parking Variance, discussed below. Parking Variance (Section 153.210.400 to 153.210.440): The Property currently has the original 44 parking spaces for the former 72-room Regency Hotel. The Applicant is maintaining the same number of hotel rooms and redesigning the parking lot to increase the number of parking spaces by adding 16 parking spaces for passenger cars and two loading spaces for trucks. The additional 16 spaces for passenger cars are achieved by removing and filling the swimming pool and restriping the configuration of parking spaces. This results in a total number of 60 parking spaces for passenger cars plus two loading spaces for trucks. However, the provision of 60 parking spaces is still 16 spaces short of the code required 76 parking spaces for passenger cars - 72 spaces for the 72-room hotel and 4 spaces for the retail pad. The Applicant has prepared a Parking Study to determine if the proposed parking spaces would be sufficient to meet parking demand generated by the hotel and the retail pad as a "Food and Beverage Sales Facility Grocery Store, Liquor Store, and Specialty Food Shop" requiring 1 space/200 square feet of building area. The study utilized ITE industry standards as well as conducting a physical survey of six surrounding and comparable hotels on a daily basis over a one -week period. The survey was taken between 12:00 am and 3:00 a.m. April 28-May 4, 2023. The Parking Study concludes that the hotel and retail pad may generate a combined parking demand of 57 spaces weekdays and 60 spaces weekends, which is equivalent to the same number of parking spaces proposed for passenger cars, and therefore, should not generate any parking shortages. The Parking Study further discusses the increasing usage of Uber and Lyft and recommends that the hotel staff park along the eastern edge of the property to allow the more easily accessible parking spaces to be used by the traveling public. The Parking Study also states that the two loading spaces, due to its wider dimensions (15'W and 15'L versus a passenger car space 9'W and 18'L), can be used for up to three passenger cars at the direction and supervision of the hotel staff, when needed. A resolution of approval has been prepared to grant the Parking Variance and the CUP discussed above. The table below represents information pertaining to the hotel structure and the parking lot. MOTEL AND PARKING LOT FEATURES Existing Proposed Comments Site Area 53,569 s.f. 53,569 s.f. 1.23 acres Building Height 36'3" to parapet 40'3" to elevator shaft Before and After: 4-story Building Square Footage 33,768 s.f. 37,712 s.f. An increase of 3,944 s.f. Total Hotel Rooms 72 72 Total Parking Spaces 44 60 Required is 76 spaces Deficient 16 spaces Landscaping 7,665 s.f. Code requires 3,020 s.f. of landscaping Page 5 / 7 FAR - 0.21 Max. FAR for FC is 2.0 Architecture The Applicant is proposing to add architectural and paint treatments to the existing 4-story hotel, which is perpendicular to the I-10 Freeway. The design is predicated on a simple aesthetic that will focus on attracting the travelling public. The paint palette consists of a soft muted white color for the stucco areas and two darker grey/brownish colors to highlight the trim areas. The easterly facade of the building is the front of the hotel facing the parking lot area. This facade is comprised of a grid pattern of hotel rooms, punctuated with architectural aluminum -screened air exchange units. At both ends of the facade, decorative vertical aluminum fins provide architectural detailing above a new electrical room at the southerly end and a new canopy/entrance at the northerly end. The westerly facade, facing the now vacant lot (future home for medical offices), is of similar architectural design and color palette with the decorative vertical aluminum fins extending towards the ground. The northerly facade, which faces the freeway, presents a modulated pattern of colored panels, separated by metal recessed screed lines. The southerly facade is of similar architectural design and color palette. The architectural plans are attached (Attachment #7). Signage The Applicant will submit a sign permit, for City review and ministerial approval, during the building permit/plan check phase and is made a condition of approval. It is anticipated that the Applicant may install one internally illuminated channel letter sign on northern facade and on the eastern facade, and directional traffic signage throughout the site. Landscaping The applicant is proposing a total of 7,665 square feet of landscaping on the site. The landscaping is located around the perimeter of the building site, except for the westerly property line, and within the parking area. The landscaping proposed fronting Dalewood Street will serve to soften the aesthetic appearance of the building from the street. In addition, a landscape buffer along the easterly boundary of the project site would be provided. The Municipal Code requires that a minimum of ten percent of the parking lot area to be landscaped. The parking lot area is 30,195 square feet; therefore, 3,020 square feet of landscaping is required. The applicant is providing 7,665 square feet of landscaping, which is more than the required landscaping. A final landscape and irrigation plan are required per the conditions of approval. Presently, all the trees located in the public right-of-way along Dalewood Street are intended to remain undisturbed. Final Design Review Approval According to Baldwin Park Municipal Code Section 1.53.210.070, the highest designated Approving Authority for all requested permits shall take final action on all permits. Therefore, while the Planning staff has tentatively approved the design review application for the proposed project in June 2023, staff recommends the Planning Commission forward the Design Review to the City Council for consideration and approve the design review application. GENERAL PLAN CONSISTENCY The project site is designated as "General Commercial (GC)" in the City of Baldwin Park General Plan. Further the project site is located within the Dalewood/Puente/I-1.0 Area. The Project is consistent with the following General Plan goals and policies. Land Use Goal 2.0: which encourages compatible development with existing land use. Land Use Goal 3.0: Provide for the revitalization of deteriorating land uses and properties. Land Use Goal 4.0: Redevelop the area with a large commercial user. CEQA REVIEW Page 6 / 7 The initial study prepared for the Project disclosed that the Project will have a significant impact on the environment. Mitigation measures have been incorporated into the project's design and as conditions of approval to reduce impacts on the environment to a less than significant level. A Mitigated Negative Declaration of Environmental Impact (MND) has been prepared pursuant to the requirements of the California Environmental Quality Act (CEQA) of 1970, as amended. The Notice of Intent to Adopt a Mitigated Negative Declaration was sent on October 4, 2023, to the California Office of Planning and Research and the County Clerk, County of Los Angeles. Also, the MND was circulated for public review and comment for 20 days, starting on October 5, 2023, and ending on October 24, 2023. The MND is provided herein as Attachment #6.On October 5, 2023, legal notice was published in the Baldwin Park Press, posted at City Hall and the City of Baldwin Park website. Public Hearing Notices/Notice of Intent were also mailed to the property owners and occupants within a 300-foot radius of the subject property. No comments were received by the City during the public review period. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Mitigated Negative Declaration, Resolution 2023-041 2. Design Review, Conditional Use Permit, and Variance Resolution 2023-042 3. Ordinance No. 1508 4. Vicinity Map 5. Initial Study/Mitigated Negative Declaration (https://www.baldwinpark.com/onlinedocuments/community- development/planning/environmental-documents) 6. Market Feasibility Study, Dated November 28, 2022 7.Exhibit "A", Architectural Plans Page 7 / 7 RESOLUTION NO 2023-041 A RESOLUTION OF THE CITLI COUNCIL OF THE CITLI OF BALDWIN PARK CERTIFF]ING THE MITIGATED NEGATIVE DECLARATION OF ENVIRONMENTAL IMPACT PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITU ACT OF 1970 THE CITEI COUNCIL OF THE CITC OF BALDWIN PARK DOES HEREB❑ RESOLVE AS FOLLOWS Li WHEREAS, an application has been filed by Sonjay Patel and L,8yesh Patel, on behalf of SNS Hotels and FYRA Hospitality, LLC. (Applicant) to renovate and reopen a vacant 4-story, 72-room hotel located at 14624 Dalewood Street, Baldwin Park by amending Baldwin Park's honing Code (BPFIC) Section 153.120.310 (B)) to reduce the minimum number of hotel and motel rooms from 100 rooms to no less than 70 rooms for properties that are zoned Hotel or Motel Firequesting a Parking Variance, as set forth in BPuC Section 153.210.400 to deviate from the minimum number of on -site parking spaces from 76 spaces to 62 spaces _:requesting a Conditional Use Permit (CUP) for the operation of a hotel as set forth in BP�C Section 153.050.020 for properties located in the Freeway Commercial (FC) zones and WHEREAS, pursuant to the California Public Resources Code section 21067 and the State CEi A Guidelines (Cal. Code Regs., tit. 14 15000 et seq.) section 15051, the city is the lead agency for the proposed ProjectCand WHEREAS, an Initial Study was prepared for the project pursuant to State CE-A Guidelines section 15063Land WHEREAS, on the basis of the Initial Study, which concluded that the Project would have potentially significant impacts but that those impacts could be reduced to less than significant levels with implementation of the proposed mitigation measures, the City determined that a Mitigated Negative Declaration ("MND") should be prepared for the Project pursuant to Public Resources Code sections 21064.5 and 21080(c), and the State CE❑A Guidelines section 15070 et seq. ❑and WHEREAS, on October 5, 2023, staff distributed for public review copies of a proposed MND prepared for the Project pursuant to the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) ("CEQA"). The MND identified potentially significant but mitigable impacts relating to the issue areas of Biological Resources, Cultural Resources, Geology/Soils, and Tribal Cultural Resources. The mitigation measures for Tribal Cultural Resources are incorporated in CUL-1 through CUL-3 to address any previously undiscovered archeological resources related to TCRs encountered during project implementation. This includes measures for both funery/ceremonial and non-funery/non-ceremonial resources. Incorporation of Resolution No. 2023-041 Page 2 these mitigation measures would ensure that potential impacts to buried TCRs are less than significant through requirements of evaluation, salvage, curation, and reportingn and WHEREAS, a 20-day public review period is required pursuant to Public Resources Code Section 21091, the MND was made available for public review between October 5, 2023, to October 24, 2023 Viand WHEREAS, the City has endeavored to take all steps and to impose all conditions necessary to ensure that impacts to the environment would not be significantFi and WHEREAS, the Planning Commission, upon giving the required notice, did on the 8th day of November, 2023 conduct a duly advertised public hearing to consider the subject application, at which time the Planning commission adopted Resolution PC 23- 23 recommending approval to the City Council Fland WHEREAS, the City Council did, on the 6t" day of December, 2023, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Division, and other interested partiesF] and WHEREAS, The Planning Commission and City Council of the City of Baldwin Park reviewed and considered the MND and the information contained in said MNDF1 and WHEREAS, in accordance with Section 15074(b) of the State CECiA Guidelines (California Code of Regulations Sections 1500 et seq.) the decision -making body of the lead agency must consider the MND and comments received before approving the Project and WHEREAS, a Mitigation Monitoring and Reporting Program ("MMRP") has been prepared for the project to implement mitigation measures required by the Project and is attached as Exhibit A. NOW, THERFORE, the Planning Commission of the City of Baldwin Park does hereby resolve, find, determine, and declare as followsC SECTION VEThe above recitations are true and correct and are incorporated herein by this reference. SECTION 20As the decision -making body for the Project, the City Council has reviewed and considered the information contained in the Initial Study/MND and administrative record for the Project, including all oral and written comments received during the public review period. The City Council finds that the Initial Study/MND contains a complete and accurate reporting of the environmental impacts associated Resolution No. 2023-041 Page 3 with the Project. The City Council further finds that the Initial Study/MND and the administrative record have been completed in compliance with CE�A. SECTION 3Fi Based on the Initial Study/MND and the administrative record including all written and oral evidence presented to the City Council, the City Council finds that all environmental impacts of the Project are either insignificant or can be mitigated to a level of insignificance pursuant to the mitigation measures outlined in the MND and the MMRP. The City Council further finds that there is no substantial evidence in the administrative record supporting a fair argument that the Project may result in significant environmental impacts. No new significant environmental effects have been identified in the Initial Study/MND or otherwise do not constitute a substantial revision requiring recirculation under State CEFIA Guidelines section 15073.5. SECTION 4F In accordance with the BPMC Section 153.010.060, the City Council hereby further finds that the Final Mitigated Negative Declaration for Ai-C 22- 03, m/-22-07, CP 22-11, PR 22-46) is accurate, objective, complete and in compliance with the Guidelines for Implementation of the California Environmental duality Act (CEAF! Guidelines) and Procedures of the State of California and the City of Baldwin Park and represents the independent judgment of the City Council. The City Council has reviewed all documentation comprising the Final Mitigated Negative Declaration and consistent with the City Council's recommendation, can (i) find the Final Mitigation Negative Declaration is adequate and complete and (ii) certify said Final Mitigated Negative Declaration as being in compliance with CEuA Guidelines Section 15074. SECTION 5"Li The City Council hereby approves and adopts the Initial Study/MND pursuant to Public Resources Code section 21080, subdivision (c)(2). SECTION 6C Pursuant to Public Resources code section 21081.6, the City Council approves and adopts the MMRP prepared for the Project. SECTION 7E The Mitigation Measure(s), including the Reporting/Monitoring Program, adopted for A❑C 22-03, i V-22-07, CP 22-11, PR 22-46 shall be fully complied with as specified in this Resolution and the Mitigation, Monitoring, and Reporting Program (see Exhibit A). The measures shall be included as conditions of required permit action, and compliance would result in potential impacts reduced to a level of less than significant and there would be no residual impacts from the proposed project. Proposed mitigation for those impacts is as followsEi BI0-1: If vegetation removal is scheduled during the nesting season (typically February 1 to September 1), then a focused survey for active nests shall be conducted by a qualified biologist no more than five (5) days before the beginning of project -related activities (e.g., demolition, excavation, grading and vegetation removal). Surveys must be conducted in proposed work areas, staging and storage areas, and soil, equipment, and material stockpile areas. For passerines and small raptors, surveys must be Resolution No. 2023-041 Page 4 conducted within 250-foot radius surrounding the work area (in non - developed areas and where access is feasible). For larger raptors, such as those from the genus Buteo, the survey area must encompass a 500- foot radius. Surveys must be conducted by a qualified biologist during weather conditions suited to maximize the observation of possible nests and concentrate on areas of suitable habitat. If a lapse in project -related work of five days or longer occurs, an additional nest survey is required before work can be reinitiated. If nests are encountered during any preconstruction survey, a qualified biologist must determine if it may be feasible for construction to continue as planned without impacting the success of the nest, depending on conditions specific to each nest and the relative location and rate of construction activities. Any nest(s) within the project site shall be monitored by a qualified biologist during vegetation removal if work is occurring directly adjacent to the pre -determined no - work buffer. If the qualified biologist determines construction activities have potential to adversely affect a nest, the biologist would immediately inform the construction manager to halt construction activities within minimum exclusion buffer of 50 feet for songbird nests, and 200 to 500 feet for raptor nests, depending on species and location. Construction activities within the no -work buffer may proceed after a qualified biologist determines the nest is no longer active due to natural causes (e.g. young have fledged, predation or other non-anthropogenic nest failure). CUL-1: Retain a Native American Monitor Prior to Commencement of Ground -Disturbing Activities A. The project applicant/lead agency shall retain a Native American Monitor from or approved by the Gabriele�o Band of Mission Indians — ❑izh Nation. The monitor shall be retained prior to the commencement of any "ground -disturbing activity" for the subject project at all project locations (i.e., both on -site and any off -site locations that are included in the project description/definition and/or required in connection with the project, such as public improvement work). "Ground disturbing activity" shall include, but is not limited to, demolition, pavement removal, potholing, auguring, grubbing, tree removal, boring, grading, excavation, drilling, and trenching. B. A copy of the executed monitoring agreement shall be submitted to the lead agency prior to the earlier of the commencement of any ground - disturbing activity, or the issuance of any permit necessary to commence a ground disturbing activity. C. The monitor will complete daily monitoring logs that will provide descriptions of the relevant ground -disturbing activities, the type of construction activities performed, locations of ground -disturbing activities, soil types, cultural -related materials, and any other facts, conditions, materials, or discoveries of significance to the Tribe. Monitor logs will identify and describe any discovered TCRs, including Resolution No. 2023-041 Page 5 but not limited to, Native American cultural and historical artifacts, remains, places of significance, etc., (collectively, tribal cultural resources, or "TCR"), as well as any discovered Native American (ancestral) human remains and burial goods. Copies of monitor logs will be provided to the project applicant/lead agency upon written request to the Tribe. D. On -site tribal monitoring shall conclude upon the latter of the following (1) written confirmation to the Flizh from a designated point of contact for the project applicant/lead agency that all ground -disturbing activities and phases that may involve ground -disturbing activities on the project site or in connection with the project are completed or (2) a determination and written notification by the ,izh to the project applicant/lead agency that no future, planned construction activity and/or development/construction phase at the project site possesses the potential to impact Elizh TCRs. CUB-2: Unanticipated Discovery of Tribal Cultural Resource Objects (Non- Funerary/Non- Ceremonial) A. Upon discovery of any TCRs, all construction activities in the immediate vicinity of the discovery shall cease (i.e., not less than the surrounding 50 feet) and shall not resume until the discovered TCR has been fully assessed by the �izh monitor and/or uizh archaeologist. The hizh will recover B. and retain all discovered TCRs in the form and/or manner the Tribe deems appropriate, in the Tribe's sole discretion, and for any purpose the Tribe deems appropriate, including for educational, cultural and/or historic purposes. CUB-3: Unanticipated Discovery of Human Remains and Associated Funerary or Ceremonial Objects A. A. Native American human remains are defined in PRC 5097.98 (d)(1) as an inhumation or cremation, and in any state of decomposition or skeletal completeness. Funerary objects, called associated grave goods in Public Resources Code Section 5097.98, are also to be treated according to this statute. If Native American human remains and/or grave goods are discovered or recognized on the project site, then Public Resource Code 5097.9 as well as Health and Safety Code Section 7050.5 shall be followed. Human remains and grave/burial goods shall be treated alike per California Public Resources Code section 5097.98(d)(1) and (2). Preservation in place (i.e., avoidance) is the preferred manner of treatment for discovered human remains and/or burial goods. Any discovery of human remains/burial goods shall be kept confidential to prevent further disturbance. Resolution No. 2023-041 Page 6 GEO-1: Conduct Paleontological Sensitivity Training for Construction Personnel. The Applicant must retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to conduct a Paleontological Sensitivity Training for construction personnel before commencement of excavation activities. The training will include a handout and will focus on how to identify paleontological resources that may be encountered during earthmoving activities, and the procedures to be followed in such an eventi,--the duties of paleontological monitors, notification and other procedures to follow upon discovery of resourcesE and the general steps a qualified professional paleontologist would follow in conducting a salvage investigation if one is necessary. GEO-2: Conduct Periodic Paleontological Spot Checks During Grading and Earth -Moving Activities. The Applicant must retain a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to conduct periodic Paleontological Spot Checks beginning at depths below six feet from the surface to determine if construction excavations extend into older Fluaternary deposits. After the initial Paleontological Spot Check, further periodic checks will be conducted at the discretion of the qualified paleontologist. If the qualified paleontologist determines that construction excavations have extended into the older Duaternary deposits, construction monitoring for Paleontological Resources are required. The Applicant must retain a qualified paleontological monitor, who will work under the guidance and direction of a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology. The paleontological monitor must be present during all construction excavations (e.g., grading, trenching, or clearing/grubbing) into the older Pleistocene alluvial deposits. Multiple earth -moving construction activities may require multiple paleontological monitors. The frequency of monitoring is based on the rate of excavation and grading activities, proximity to known paleontological resources and/or unique geological features, the materials being excavated (native versus artificial fill soils), and the depth of excavation, and if found, the abundance and type of paleontological resources and/or unique geological features encountered. Full-time monitoring can be reduced to part-time inspections if determined adequate by the qualified professional paleontologist. GEO-3: Cease Ground -Disturbing Activities and Implement Treatment Plan If Paleontological Resources Are Encountered. Resolution No. 2023-041 Page 7 In the event that paleontological resources and or unique geological features are unearthed during ground -disturbing activities, ground - disturbing activities the paleontological monitor may halt or divert away from the vicinity of the find so that the find can be evaluated. A buffer area of at least 50 feet must be established around the find where construction activities are not allowed to continue until appropriate paleontological treatment plan is approved by the Applicant and the City. Work is allowed to continue outside of the buffer area. The Applicant and City will coordinate with a professional paleontologist, who meets the qualifications set forth by the Society of Vertebrate Paleontology, to develop an appropriate treatment plan for the resources. Treatment may include implementation of paleontological salvage excavations to remove the resource along with subsequent laboratory processing and analysis or preservation in place. At the paleontologist's discretion and to reduce construction delay, the grading and excavation contractor will assist in removing rock samples for initial processing. GEO-4: Prepare Report Upon Completion of Monitoring Services Upon completion of the above activities, the professional paleontologist will prepare a report summarizing the results of the monitoring and salvaging efforts, the methodology used in these efforts, as well as a description of the fossils collected and their significance. The report will be submitted to the Applicant, the City, the Natural History Museums of Los Angeles County, and representatives of other appropriate or concerned agencies to signify the satisfactory completion of the project and required mitigation measures. SECTION 8: The custodian of records for all materials that constitute the record of proceeding upon which its decision is based is the City Planner. Those documents are available for public review in the Planning Division located at 14403 E. Pacific Ave. Baldwin Park CA 91706. SECTION 9. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. Resolution No. 2023-041 Page 8 PASSED AND APPROVED this 6th day of December 2023❑ ❑❑❑� JJC❑'❑❑❑❑JJ❑❑❑J❑❑J' JJ❑J'J❑CCJJJ❑❑❑' J❑ Emmanuel F Estrada Mayor ATTEST: STATE OF CALIFORNIA COUNT❑ OF LOS ANGELES ss❑ CIT❑ OF BALDWIN PARK I, Christopher Saenz, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2023-041 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 6th day of December 2023 by the following vote❑ AYES❑ NOES❑ Christopher Saenz City Clerk RESOLUTION NO 2023-042 RESOLUTION OF THE CITLI COUNCIL OF THE CITLI OF BALDWIN PARK ADOPTING THE FINDINGS OF FACT AND APPROVING A CONDITIONAL USE PERMIT (CP 22- 11) FOR THE OPERATION OF A HOTEL, A VARIANCE (❑V 22-07) TO DEVIATE FROM THE MINIMUM NUMBER OF REQUIRED PARKING SPACES, AND DESIGN REVIEW (PR 22-46) TO FACILITATE THE RENOVATION AND REOPENING OF AN EXISTING VACANT HOTEL AS AN E ITENDED STALI AMERICA THE CITLI COUNCIL OF THE CITLI OF BALDWIN PARK DOES HEREBFI RESOLVE AS FOLLOWSD WHEREAS, an application has been filed by Sonjay Patel and-ayesh Patel, on behalf of SNS Hotels and Lyra Hospitality, LLC. to renovate and reopen a vacant hotel at 14624 Dalewood Street, Baldwin Park, hotel uses require the approval of a Conditional Use Permit as set forth in Baldwin Park Loning Code (BPuC) Section 153.050.020 and WHEREAS, an application has been filed by Sonjay Patel and-ayesh Patel, on behalf of SNS Hotels and Lyra Hospitality, LLC. to deviate from the minimum number of on -site parking spaces as set forth in Table 150.040 for Hotel Uses for the purpose of operating a hotel Lund WHEREAS, based on the information in the applications, an Initial Study was prepared for the Project pursuant to State CE❑A Guidelines section 15063. The Initial Study concluded that the Project would have potentially significant impacts but that those impacts could be reduced to less than significant levels with implementation of proposed mitigation measures, the City determined that a Mitigated Negative Declaration ("MND") should be prepared for the Project pursuant to Public Resources Code sections 21064.5 and 21080(c), and the State CE❑A Guidelines section 15070 et seq. ❑and WHEREAS, the Planning Commission, upon giving the required notice, did on the 8th day of November, 2023 conduct a duly advertised public hearing to consider the subject application, at which time the Planning commission adopted Resolution PC 23- 25 recommending approval to the City CouncilCand WHEREAS, the City Council did, on the 6t" day of December, 2023, conduct a duly advertised public hearing as prescribed by law, and considered evidence presented by the Planning Commission, Planning Division, and other interested partiesC and Resolution No. 2023-042 Page 2 WHEREAS, the City Council has independently considered and reviewed the information in the Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program in making its recommendation on the ProjectF-and WHEREAS, the custodian of records for all materials that constitute the record of proceeding upon which its decision is based is the City Planner. Those documents are available for public review in the Planning Division located at 14403 E. Pacific Ave. Baldwin Park CA 91706Liand WHEREAS, all legal prerequisites to the adoption of this Resolution have occurred. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby resolve, find, determine and declare as follows) SECTION 1 LThe City Council finds that all the facts set forth in the above recitals of this resolution are true and correct and are incorporated herein by this reference. SECTION 2FA duly noticed public hearing was held on November 8, 2023 on said Applications by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the property, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of the Application are set forth in the staff report dated November 8, 2023 from Ron Garcia, Director of Community Development, to the Chair and Planning Commissioners ("Staff Report") which is true and correct and the Application should be approved. SECTION 3Ei4 duly noticed public hearing was held on December 6, 2023 on said Applications by the City Council, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the property, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of the Application are set forth in the staff report dated December 6, 2023 from Ron Garcia, Director of Community Development, to the Chair and Planning Commissioners ("Staff Report") which is true and correct and the Application should be approved. SECTION 4. The City Council does hereby adopt the following Findings of Fact applicable to all conditional use permits j (a) The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this chapter. The site is zoned Freeway Commercial (F-C) and hotels and motels are conditionally permitted. The site is developed with an existing vacant 4-story, 72- room hotel and a parking lot with 44 parking spaces. A Conditional Use Permit Resolution No. 2023-042 Page 3 will allow the Applicant to renovate and reopen the vacant hotel and repave and restripe the parking lot with an additional 16 parking spaces for passenger cars and two loading spaces for trucks. As designed, the Project complies with the F- C development standards, the goals and policies of the General Plan, and will be conditioned to further reduce Project construction and operational impacts. (b) The use will not impair the integrity and character of the zone in which it is to be located. Implementation of the Project will revitalize a former hotel use that has been vacated for approximately six years. The adjacent vacant lot to the west is scheduled for the construction of a medical office building. The Project would not disrupt or modify the existing roadway network or affect or disrupt residential neighborhoods in the Project vicinity. The vacant 818-square foot retail pad is not a part of the Project but will be integrated into the design and operation of the site. The Applicant is seeking a compatible commercial use, such as coffee purveyor, to occupy the space. (c) The project site is physically suitable for the type of land use being proposed. The Project is designed to comply with the development standards of the F-C zone. No deviations from the F-C development standards are proposed. Further, the Project has been carefully designed to enhance the architectural integrity of the vacant hotel building and landscaping. The existing parking lot will be repaved and restriped to accommodate additional parking spaces and enhanced landscape features. (d) The use is compatible with any land uses presently on the subject property. The project site was formerly occupied by the Regency Hotel and a small coffee shop, located in a detached 818-square foot retail pad. The Applicant owns the entire project site. Built in 2017, the 4-story hotel offered 72 guest rooms to the traveling public. The parking lot provided 44 parking spaces. The Applicant is proposing to improve the project site by first renovating and reopening the hotel facility as an Extended Stay America hotel, with the same number of guest rooms. Although the parking lot will also be improved and restriped with an additional 16 passenger car parking spaces, it will be 16 spaces fewer than required by the zoning code. The Applicant has commissioned an independent parking consultant to prepare a Parking Study for the operation of the hotel and 818-square foot retail pad. The Parking Study concluded that, during the peak hours of demand, the number of parking spaces is sufficient to meet the demand of both uses and should not create a parking shortage or overflow issues onto the neighborhood. Although the vacant retail pad is not a part of the Project, the Applicant is seeking a compatible tenant that will be synergistic with the hotel Resolution No. 2023-042 Page 4 use, such as a coffee purveyor. Further, the Project has been carefully designed to accentuate the building's architectural qualities and to provide a focal point for travelers. (e) The use will be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located. The proposed hotel use of the property complies with the City's 2020 General Plan (November 2002) and the City's Zoning Code. The property has a General Commercial land use designation and a Freeway Commercial zone. The proposed Project fulfills a number of General Plan goals and policies, such as Land Use Goal 2, by encouraging compatible development, Land Use Goal 3, by revitalizing the deteriorated property, and Land Use Goal 4, by redeveloping the property with a new and branded hotel. The property is currently blighted and contains a vacant hotel and retail pad for approximately the past six years. The Project will enhance the outwardly appearance of the hotel structure with new architectural features and treatments, provide new landscaping to enhance the site, renovate the interior of the hotel with new lobby, entrance, and larger guest rooms, and repave and restripe the parking lot with additional parking spaces. The Project does not conflict with any provisions in the City's General Plan and honing Ordinance. (t) Adequate provisions for water, sewer and public utilities and services are available to ensure that the use will not be detrimental to public health and safety. The Initial Study has determined that there are no significant impacts to utilities and services. Adequate provisions for water, sewer, and public utilities and services are available to ensure that the use will not be detrimental to public health and safety. The site is currently developed with a hotel and no expansion in the number of hotel rooms are envisioned. (g) Adequate provisions for public access are available to serve the use. Pedestrians accessing the Project site may utilize pedestrian facilities (e.g., sidewalks and crosswalks) that are part of the surrounding street system. Sidewalks are provided along Dalewood Street. Bike racks would be provided on the site pursuant to the Baldwin Park honing Code Section 153.150.150 and CalGreen building standards. Public and bus and rail transit service is provided within the Project area and is currently provided by Foothill Transit, Baldwin Park Transit, and Metrolink. The Foothill Transit Silver Streak runs along the 1-10 Freeway and has a sheltered bus stop approximately 375 feet from the Project. Resolution No. 2023-042 Page 5 The Project does not conflict with adopted plans, policies, or programs supporting alternative transportation. (h) The use is consistent with the General Plan. The Project is consistent with the Land Use Plan and the L'oning Code. The Project satisfies Land Use Goal 2, which encourages compatible development with existing land uses, Land Use Goal 3, which encourages the revitalization of deteriorated land uses (i.e., renovation and reopening of the hotel, repaving and adding additional parking spaces, and new landscaping throughout the project site), and Land Use Goal 4, which encourages the development of larger commercial facilities. Further, the proposed hotel use is permitted as a conditional use within the Freeway Commercial zone. (i) The use will not be detrimental to the public interest, health, safety, convenience or welfare. The Initial Study prepared for the Project has determined that there are no significant impacts to safety and welfare. The Project will remove blighting conditions prevalent on the project site, transform the exterior features of the hotel with attractive architectural treatments, renovate the interior of the hotel with contemporary furniture and layout, relandscape the project site, and increase the number of on -site parking spaces by repaving and restriping the deteriorated parking lot. SECTION 5. The City Council does hereby adopt the following Findings of Fact applicable to all parking variance❑ (a) There are exceptional or extraordinary circumstances or conditions applicable to the property involved, or to the intended use of such property which do not generally apply to other properties in the same zone. The Applicant is proposing to renovate and reopen the vacant hotel without increasing the number of guest rooms. The vacant hotel has 72 guest rooms and a parking lot with 44 parking spaces. While the number of guest rooms are remaining the same, the Applicant is increasing the number of parking spaces by re -asphalting and restriping the parking lot as well as removing and backfilling the swimming pool to accommodate more parking spaces. Although an additional 16 passenger car parking spaces will be provided, it is still 16 spaces short of the 76 parking spaces that is required by code- 72 spaces for the hotel and 4 spaces for the retail pad. To further assess the sufficiency of parking, the Applicant has commissioned a parking study by an independent parking consultant, which indicates that the 60 passenger car parking spaces are sufficient to meet the parking needs of the hotel and retail pad during peak periods. Resolution No. 2023-042 Page 6 (b) Such variance is necessary for the preservation and enjoyment of a substantial property right possessed by other property similarly situated, but which is denied by the property in question. The Applicant purchased the existing hotel property for the purpose of renovating the hotel facility into an Extended Stay America hotel. The Applicant is maintaining the same number of hotel rooms and is not adding any new ancillary hotel uses, such as restaurants, and meeting rooms, that would create additional parking demand. The Applicant is providing additional parking spaces by demolishing and backfilling the swimming pool and redesigning the parking layout. The new parking lot will be repaved with 16 more passenger car parking spaces, resulting in a total number of 60 parking spaces. This is a deficiency of 16 parking spaces. (c) The granting of the variance will not be materially detrimental to the public welfare or injurious to the adjacent properties. While still deficient in the number of code -required parking spaces, the Applicant is providing additional new parking spaces by demolishing and backfilling the swimming pool, repaving and restriping the parking lot. The Applicant will be able to provide an additional 16 passenger carparking spaces towards a fuller compliance of the parking requirements. The Applicant is providing standard sized parking spaces plus two loading/unloading spaces there are no compact spaces. To further assess the sufficiency of the parking, the Applicant has commissioned an independently prepared Parking Study, which concludes that the 60 passenger car parking spaces are sufficient to meet the parking demand during peak usage. (d) The granting of the variance will not adversely affect the General Plan of the City of Baldwin Park. The variance will not adversely or negatively affect the General Plan or its goals because the property will be utilized for commercial purposes in accordance with the site's General Plan designation of General Commercial that allows hotel uses with the approval of a conditional use permit. In addition, the Project supports and furthers Goals 2, 3, and 4 of the General Plan by developing a major commercial project that is compatible with and enhances surrounding properties. SECTION 6. The Application, as herein above described below, and the same is hereby approved subject to the following conditionso (a) Comply with plans reviewed by the City Council on December 6, 2023 ❑and Resolution No. 2023-042 Page '7 (b) The Mitigation Monitoring and Reporting Program (MMRP) shall be adhered to as specified Land (c) The building shall consist of high -quality materials as proposedu and (d) That the subject site shall be maintained in a neat and orderly mannerLthat the site shall be kept free of litter and that all graffiti (throughout the site) shall be removed within twenty-four (24) hours at the expense of the applicant and/or ownerCand (e) That prior to the issuance of any building permits, the applicant shall submit an application for the installation of new signs for ministerial review and approval by City staff Land (f) The applicant shall submit plans, showing the location, type, and dimensions of the signs to the Planning Division and Building Departments Land (g) The applicant shall submit parking lot landscaping plan in compliance with Municipal Code Section 153.150.110 to the City for review and approval prior to the issuance of any building permit) and (h) The proposed project is subject to Water Efficient Landscape Standards, pursuant to Section 153.160.020 of the Baldwin Park Municipal Code. After entitlements are approved by the Planning Commission, the applicant shall submit a Landscape Documentation Package during Building Plan Check pursuant to Section 153.160.080. The Landscape Documentation Package shall incorporate an approved Preliminary Design Plan. Landscape and Irrigation plans shall be prepared by a California licensed landscape architectCand (i) That prior to the issuance of any building permits, the Applicant shall pay applicable Development Impact Fees assessed for the project and (j) The applicant shall comply with any conditions of approval as required by the Public Works Department prior to the issuance of any building permits ❑and (k) The applicant shall submit a Certificate of Compliance to merge parcels as required by the Public Works Department prior to the issuance of any building permits -and Resolution No. 2023-042 Page 8 (1) If within two years after the date of approval of AnC 22-03, i ]V- 22-07, CP 22-11, PR 22-46 all conditions of approval have not been satisfied, then A❑C 22-03, t 1V-22-07, CP 22-11, PR 22-46 shall become null and voidLand (m)The applicant shall sign a notarized affidavit within ten (10) days of the date of this resolution stating that the applicant has read and accepts all of the conditions of approval. (n) Should any existing tree on the property that are designated as a Mature Tree in accordance with the City's Tree Ordinance is removed, a tree removal application shall be submitted to the City's Tree Department (Planning Division) for review and approval prior to any said removal ❑and (o) Any future development of the site(s) shall be subject to the current development standards contained in the Municipal Code and any Design Guidelines in effect at said time. (p) Employee parking shall be located toward the back of the hotel property, along the westerly property line, so that guests can more readily find parking spaces in the main parking area in front of the hotel entrance. (q) Shared parking opportunities between the hotel and retail pad use shall be available for use by both the hotel and retail pad uses, parking spaces shall not be restricted or reserved by either the hotel or retail pad uses. (r) Approval of this resolution is contingent upon, and shall not be effective unless and until effective date of Ordinance No. 1508. Public Works❑ General Conditions (s) An Erosion Control Plan shall be submitted concurrently with the grading plan clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. Resolution No. 2023-042 Page 9 (t) The applicant shall comply with Low Impact Development (LID) requirements to the satisfaction of the City Engineer. Please refer to City handouts. Applicant to ensure trash enclosure proposed will be covered per LID requirements. (u) The applicant shall provide the proposed landscaping plans, specifically noting improvements proposed within the public right- of-way. (v) Project indicates two separate parcels (APN 8463-001-014 & 8463-001-015) being improved as one parcel. Applicant to submit an application for a Parcel Map to merge the two lots. Soils Report/Grading/Retaining Walls (w)The Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of-way. (x) Prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. (The report should include results of percolation test). (y) The applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. (z) All easements and flood hazard areas shall be clearly identified on the grading plan. (aa) The grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. (bb)The grading plan should include a photometric plan, including but not limited to the illumination levels at driveway entries, passenger loading zones and collector driveways shall not be Resolution No. 2023-042 Page 10 less than twice the average illumination of the adjacent parking lot. Show location of all trees and distances to the nearest light pole. Light standards shall be placed 20 ft. or more from trees and other objects that may potentially obstruct lighting. Lighting spill -over shall not exceed 0.5 foot candles at any point on residential premises, churches and other sensitive uses. (cc) All equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the fenced area shall be locked whenever the construction site is not supervised. (dd)Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. (ee)AII slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. (ff) A pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (gg)Rough grade certifications by project soils and civil engineers shall be submitted prior to issuance of building permits for the foundation of the commercial structure. Retaining wall permits may be issued concurrently with grading permits. (hh)Final grade certifications by project civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. M..- (ii) Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed from the site to the natural drainage course. No on -site drainage shall be conveyed to adjacent parcels, unless that is the natural drainage course. Resolution No. 2023-042 Page 11 Qj) Prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. Off -Site Street Improvements (kk) Applicant shall replace any damaged sidewalks and curb & gutter matching the existing width (the length of the subject property's frontage) in accordance with current American Public Works Association (APWA) standards. (II) Applicant shall replace any existing driveway approach (fronting the subject property) if it's damaged or does not meet ADA compliancy. New driveway approach to be constructed in accordance with current American Public Works Association (APWA) standards. (mm) All public improvement shall be approved by the City Engineer, constructed with an encroachment permit and completed prior to final inspection/certificate of occupancy issuance. Contractor to obtain all permits required by 3rd party jurisdictions. (nn)Future funding for 2" Coldmill and Overlay from edge of gutter to street centerline for remaining streets for Dalewood St. (Unless asphalt restoration is required per Condition below). (oo)Any street cuts required due to proposed improvements are subject to City moratorium standards including but not limited to asphalt restoration, traffic loop replacement and re -striping. (pp)The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. (gq)Prior to the issuance of any permits, the applicant shall provide written permission to the satisfaction of the City from any property owners which will be affected by offsite grading. (rr) Street improvement plans in a 24"x36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent. (ss) Prior to building occupancy, applicant shall construct base and Resolution No. 2023-042 Page 12 pavement for all streets in accordance with soils report prepared by a California registered geotechnical engineer and approved by the City Engineer or as otherwise directed by the City Engineer. Utilities (tt) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purpose shall be offered and shown on the detailed site plan for dedication to the City or affected utility company. (uu)Will Serve Letters shall be submitted stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City from all utilities such as, but not limited to, phone, gas, water, electric, and cable. (vv) Applicant shall relocate and underground any existing on -site utilities to the satisfaction of the City Engineer and the respective utility owner. (ww) Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. Sewers (xx) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. (yy) Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division. Sewer plans shall be submitted for review and approval by the City. (zz) Applicant to provide a sewer inspection report which will include results on the condition of the existing sewer line servicing the subject property. The report should also include a video from a CCTV sewer and pipe inspection. Traffic Mitiaations (aaa) A Traffic Impact Analysis Report shall be submitted for review and approval by the City for the intersections �_iPuente Ave. & Dalewood St., Dalewood St. & 1-10 Freeway On/Off-Ramps, Dalewood St. & Merced Ave. Such report shall address on -site Resolution No. 2023-042 Page 13 circulation and parking requirements and also the option of having a left -turn pocket on Dalewood St. Building and Safety General Conditions (bbb) All Conditions of Approval as approved by the Planning Commission shall appear as notes on the plans submitted for building plan check and permits. (ccc) Building design shall comply with the Current Edition of the California Building Code (CBC). (ddd) Submit complete construction plans to Building Division for formal plans review and building permit. (eee) Separate application(s), plan check(s), and permit(s) is/are required ford a. Demolition work b. Retaining walls (see Engineering Division for requirements) c. Block walls exceeding 6 feet in height d. Signs e. Plumbing f. Mechanical g. Electrical (fff) Complete architectural plans prepared a by State licensed architect will be required. Submit design for review at formal plans review. (ggg) Complete structural plans with calculations by State licensed engineer or architect will be required. Submit design for review at formal plans review. (hhh) Compliance to California T-24 Energy regulations will be required. Submit design for review at formal plans review. (iii) Compliance to California Green Building Standards Code will be required. Submit design for review at formal plans review. Qjj) Separate plumbing, mechanical and electrical plan check may be required. Submit design for review at formal plans review. Resolution No. 2023-042 Page 14 (kkk) Los Angeles County Fire Prevention plans review and approval is required for the proposed occupancy. Contact (323) 890-4125 for plans submittal requirements. (III) Compliance with the State of California Accessibility regulations is required, includingu a. Building entrances shall be provided with an accessible path of travel connecting the building entrances from the public sidewalk, accessible parking, and other buildings or essential facilities located on the site. b. Accessible parkingF i. Shall be located at each main entrance. Where multiple major entrances occur, accessible parking shall be equally distributed among the entrances. ii. Shall be 9 feet wide by 18 feet deep and be provided with a loading and unloading passenger access aisle of 8 feet wide for Van space and 5 feet wide for regular accessible spaces. c. All restrooms serving the building shall be accessible. d. Comply with CBC 11 B- 224 Transient Lodging (mmm) Total plumbing fixtures required shall be determined by California Plumbing Code (CPC). SECTION 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. Resolution No. 2023-042 Page 15 PASSED AND APPROVED this 6t" day of December 2023❑ ❑❑❑JJJJ❑'❑LI❑❑JJ❑❑❑J❑JJJ❑❑JJJ❑JJ❑JJJJ❑J Emmanual F Estrada Mayor ATTEST: STATE OF CALIFORNIA COUNT❑ OF LOS ANGELES ss❑ CIT❑ OF BALDWIN PARK I, Christopher Saenz, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2023-042 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 6t" day of December 2023 by the following vote❑ AYES❑ NOES❑ ABSTAIN❑ ABSENT❑ Christopher Saenz City Clerk ORDINANCE NO. 1508 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE XV, LAND USAGE, CHAPTER 153, ZONING CODE, SECTION 153.120.310 (B) RELATED TO THE MINIMUM NUMBER OF REQUIRED GUEST ROOMS FOR HOTELS AND MOTELS WHEREAS, Baldwin Park Municipal Code Title XV, Land Usage, Chapter 153, Zoning Code, implements the City's General Plan, establishing land use and development regulations in the City of Baldwin Park ("City"), which includes regulations governing hotel and motel development projects; WHEREAS, Baldwin Park Municipal Code Title XV, Land Usage, Chapter 153 Zoning Code, Section 153.120.310 (B) states that hotels and motels shall contain a minimum of one hundred (100) guest units as adopted by Ordinance 1346 on May 12, 2012; WHEREAS, the City has received an application from Lisette Sanchez -Mendoza - MIG for Sonjay Patel and Jayesh Patel of SNS Hotels and Zyra Hospitality, LLC (Applicant) for the rehabilitation and re -opening of the former seventy-two (72) room Regency Hotel. WHEREAS, the Applicant has prepared a comparative survey of surrounding cities' zoning code regarding the minimum number of hotel/motel rooms, which determined that many cities either have none or a smaller number of required minimum number of hotel/motel rooms; WHEREAS, the Applicant commissioned an independent consultant to prepare a market feasibility study for the proposed project, which concludes that the proposed 72- room hotel is financially viable; WHEREAS, the hospitality industry has recently experienced greater diversification of product types to reflect changing market demands; WHEREAS, the City desires to amend its local regulations to reduce the number of minimum hotel and motel guest units; WHEREAS, the City Planning Commission held a duly noticed public hearing on November 8, 2023 to consider the proposed Zoning Ordinance Amendment related to reducing the number of minimum hotel and motel guest units, and approved Planning Commission Resolution No. 23-24, recommending that the City Council adopt Ordinance No. 1508; and WHEREAS, on December 6, 2023, the City Council held a duly noticed public hearing on the proposed Zoning Ordinance Amendment related to related to reducing the number of minimum hotel and motel guest units, at which all those wishing to be heard were allowed to speak or present written comments and other materials. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The foregoing recitations are hereby adopted by the City Council as findings. Based on those findings, and the evidence and records presented, the City Council determines the public health, safety and general welfare of the City, its residents, and property owners can benefit by amending the Baldwin Park Municipal Code (BPMC) to reduce the minimum number of hotel and motel guest units from the current one hundred (100) guest units to seventy (70) or more guest rooms, and it is in the best interest of the community to amend the BPMC accordingly. The City Council further finds and determines that: A. The proposed amendment is consistent with the goals and policies of all elements of the General Plan, and any applicable specific plan, as they implement goals and policies of the General Plan. B. The proposed amendment would not be detrimental to the public interest, health, safety, convenience or welfare of the City in that the change only affects the minimum number of hotel and motel guest units or rooms. C. The proposed amendment has been analyzed pursuant to the requirements of the California Environmental Quality Act ("CEQA"), which concluded that any environmental impact created by the proposed code amendment would be less than significant with mitigation incorporated. SECTION 2. Based on the foregoing findings and determinations, Baldwin Park Municipal Code Title XV ("Land Usage"), Chapter 153 ("Zoning Code"), Subchapter 153.120.310 (B) is hereby amended as follows: PART 9 — Hotels and Motels 153 20310 Development Standards In addition to the development standards set forth in subchapter 153.050, Commercial and Industrial `ones, the following shall apply to hotels and motelsC "(B) Minimum number of guest units. The hotel or motel shall contain a minimum of a-W guest its70 or more guest rooms. SECTION 3. California Environmental Quality Act ("CEQA"). The City Council finds that this Ordinance based on the information in the applications, an Initial Study was prepared for the Project pursuant to State CEQA Guidelines section 15063. The Initial Study concluded that the Project would have potentially significant impacts but that those impacts could be reduced to less than significant levels with implementation of proposed mitigation measures, the City determined that a Mitigated Negative Declaration ("MND") should be prepared for the Project pursuant to Public Resources Code sections 21064.5 and 21080(c), and the State CEQA Guidelines section 15070 et seq.; and SECTION 4. Effective Date. This ordinance shall take effect thirty (30) days after its adoption by the City Council. PASSED AND APPROVED ON THE DAY OF 2023 EMMANUAL 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 regularly introduced and placed upon its first reading at a regular meeting of the City Council on December 6, 2023. Thereafter, said Ordinance No. 1508 was duly approved and adopted at a regular meeting of the City Council on , 2023 by the following vote: R• 01\ 1 1: G \ • \ 11 _11: i ABSTAIN: COUNCILMEMBER CHRISTOPHER SAENZ CITY CLERK 11 AREA MAP Not to Scale N Vicinity Map UBQF , +6 I� '9 SAN,�,GAB'R ' +�o ^lk.4LLEV'„.' a ATTACHMENT #5 Initial Study/Mitigated Negative Declaration (https://wwwlbaldwinpark l[dom/online- documents/community-development/planninglenvironmental-documents) FEASIBILITY STUDY Proposed Extended -Stay Hotel Baldwin 14624 DALEWOOD S..I..RLL..I.. B LDWIN PARK, C.AIL.IFORMA SUBMITTED TO: PREPARED BY: Mr. Jay Patel Zyra Hospitality LLC 18543 Yorba Linda Boulevard, Suite 328 Yorba Linda, California 92886 +1 (323) 707-7934 HVS Consulting & Valuation Division of TS Worldwide, LLC 8430 Santa Monica Boulevard, Suite 200 West Hollywood, California 90069 +1 (310) 270-3240 November 28, 2022 Mr. Jay Patel Zyra Hospitality LLC 18543 Yorba Linda Boulevard, Suite 328 Yorba Linda, California 92886 HVS LOS ANGELES 8430 Santa Monica Boulevard, Suite 200 West Hollywood, California 90069 +1 (310) 270-3240 +1 (415) 896-0516 FAX Dear Mr. Patel: Aww.hvs.corn Re: Proposed Extended -Stay Hotel Baldwin Park Baldwin Park, California HVS Reference: 2022021479 Pursuant to your request, we herewith submit our feasibility study pertaining to the above -captioned property. We have inspected the real estate and analyzed the hotel market conditions in the Baldwin Park, California, area. We have studied the proposed project, and the results of our fieldwork and analysis are presented in this report. We have also reviewed the proposed improvements for this site. This report is not an appraisal but has been prepared in accordance with the Uniform Standards of Professional Appraisal Practice (USPAP), as provided by the Appraisal Foundation. We hereby certify that we have no undisclosed interest in the property, and our employment and compensation are not contingent upon our findings. This study is subject to the comments made throughout this report and to all assumptions and limiting conditions set forth herein. Sincerely, TS Worldwide, LLC Luigi Major, MAI, Managing Director lmajor@hvs.com, +1 (310) 270-3240 State Appraiser License (CA) 3005056 Superior results through unrivaled Marcus R. Lee, Director, Consulting & Valuation, Asset Management hospitality intelligence. Everywhere. mlee@hvs.com, +1 (310) 614-9945 State Appraiser License (CA) 3006899 TITLESECTION 1. Executive Summary 4 2. Description of the Site and Neighborhood 17 3. Market Area Analysis 25 4. Supply and Demand Analysis 44 5. Description of the Proposed Improvements 69 6. Projection of Occupancy and Average Rate 76 7. Projection of Income and Expense 82 8. Feasibility Analysis 91 9. Statement of Assumptions and Limiting Conditions 106 10. Certification 109 Addenda Qualifications Copy of Appraisal License(s) 1. Executive Summary Subject of the The subject of the feasibility study is a site measuring 53,569 square feet (1.23 Feasibility to acres) that is planned to be redeveloped with an extended -stay lodging facility; the hotel is anticipated to be associated with the Extended Stay America Premier Suites brand. The property, which is expected to open on January 1, 2024, will feature 72 rooms, a coffee station, a lobby workstation, a fitness room, a market pantry, a guest laundry room, an outdoor patio and barbecue area, and vending areas. The hotel will also contain the appropriate parking capacity and all necessary back -of -the - house space. The East County of Los Angeles market area currently comprises hotels spanning all price ranges within the limited -service, select -service, and full -service segments. As of the date of this report, there are four extended -stay properties that operate in this market; however, a TownePlace Suites by Marriott is under construction in Monrovia. Our study assumes that the proposed subject hotel will operate as a midscale, limited -service, extended -stay hotel that is affiliated with the Extended Stay America Premier Suites brand. Our descriptions of the proposed hotel are sourced from the ownership group, Zyra Hospitality LLC. The subject site's location is 14624 Dalewood Street, Baldwin Park, California 91706. October-2022 Executive Summary 4 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Pertinent ate The effective date of the report is November 28, 2022. The subject site was inspected by Marcus R. Lee on September 22, 2022. Luigi Major, MAI, participated in the analysis and reviewed the findings but did not personally inspect the property. Global onsi eraions The hospitality industry has been, and continues to be, affected by a variety of external factors that influence both the lodging and the investment markets. The following paragraphs outline the global factors that are the most impactful to the lodging industry as of the effective date of this report. The COVID-19 pandemic began in early 2020 and had a significant impact throughout the world and on the respective economies. The onset of the pandemic resulted in decreased business activity, causing widespread economic hardships, including increases in unemployment. The hospitality industry was severely affected, as travel declined sharply and as restrictions on group sizes resulted in the cancellations of meetings, conventions, and events. The depth and duration of this impact was influenced by the course of the pandemic and the nature and extent of restrictions on business and travel activity; the period of greatest impact was 2020. With the availability of vaccines and lifting of restrictions, conditions generally improved in 2021, although the Omicron variant slowed the recovery in the latter part of the year. Currently, the prevailing market outlook is that the peak impact of the pandemic on the travel industry is behind us. While group meetings and events have resumed, business travel remains below pre -pandemic levels given that office occupancy and work -related travel have been affected by more widespread remote work options. Travel patterns have shifted to include more leisure demand, anticipated to comprise a greater proportion of lodging demand in the future. While ADR and RevPAR have passed 2019 levels in most markets, our research reflects a general expectation that lagging occupancy levels will recover by 2024; the timing and pace of recovery for individual markets will vary based on market -specific characteristics and conditions. Exacerbated by rising oil and gas prices in the wake of the Russia -Ukraine conflict, the inflationary trends that first emerged during the pandemic have continued. Driven by supply -chain disruptions and pent-up consumer demand during the pandemic, prices for most goods and services increased substantially. The Federal Reserve is combating inflation through successive interest rate hikes (five thus far this year), with some initial success, as the pace of inflation and job growth have decelerated. However, further increases are possible and expected through the first part of 2023. The risk of a recession has emerged as a concern, as well, affecting the stock market, debt availability, and consumer confidence. The ongoing international conflicts have also contributed to economic uncertainty, continued supply disruptions, and increased energy costs. As a result, the near -term outlook is unclear, and investors are taking an increasingly cautious approach, which, when October-2022 Executive Summary C Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 5 combined with the recent increases in interest rates, has put downward pressure on real estate values. As of October 2022, inflation levels are anticipated to remain elevated in the near term, albeit below peak levels. Over the longer term, inflation is expected to moderate back to more normalized levels as the economy moves through the current cycle. By its nature, the hospitality industry is a major employer and thus heavily reliant on the cost and availability of labor. Following the onset of the pandemic, roughly 33.0% of jobs were lost across the hotel industry between February 2020 and January 2021, according to Tourism Economics. While many of these jobs have returned, the workforce has not kept pace with the increased employment opportunities, and many hotels continue to report labor shortages. The industry has responded to this issue through wage increases, additional benefits, flexible schedules, and the implementation of cross -training and job sharing, as well as increased use of technology. In response to the pandemic, many hotels revised, downsized, or eliminated some services, particularly in the food and beverage (F&B) and housekeeping departments. Given the ongoing labor shortages, operators are retaining some aspects of these solutions, which should somewhat offset rising labor costs. Nevertheless, notable increases in labor costs are anticipated to continue in the near term. In preparing this report, we have considered the impact of these factors on the lodging and investment markets to the best of our ability, inclusive of the subject of this report. However, our analysis only considers what is known at the time of the effective date of the report, and there is a high degree of uncertainty currently influencing the market and the economy. Ownership of the The subject site was last sold in February 2022; ZYRA Hospitality LLC has owned Subject ite the site since that time, having purchased it from Dalewood Holding LLC for a reported price of $3,800,000. The site is neither listed nor under contract for sale, and we have no knowledge of any recent listings. Management and Details pertaining to management terms were not yet determined at the time of this Franchise Assumptions report; however, we assume that the proposed hotel will be managed by a professional hotel -operating company, with fees deducted at rates consistent with current market standards. Our projections reflect a total management fee of 3.0% of total revenues. The proposed subject hotel will reportedly operate under a franchise agreement with Extended Stay America, Inc., as an Extended Stay America Premier Suites; the agreement is expected to span 20 years. However, as of the date of this study, the franchise agreement had yet to be signed. Based on our understanding of the franchise fees associated with the Extended Stay America brand, the associated October-2022 Executive Summary Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 6 franchise fees we have reflected in our forecasts are a royalty fee of 5% of rooms revenue, and a marketing assessment of 5% of rooms revenue. Summary of Hotel During the illustrated historical period, RevPAR generally followed a strengthening Market Trends trend through 2017, paced by year -over -year increases in both occupancy and ADR. This improvement in market conditions was driven largely by the strengthening economic conditions, increased popularity in leisure travel to the Los Angeles area, and Baldwin Park's strong healthcare sector. RevPAR declined in 2018 as the market was affected by the entrance of new supply, with the Home2 Suites by Hilton opening mid -year 2017. RevPAR levels recovered in 2019 as ADR increased and occupancy remained stable. In March 2020, the COVID-19 pandemic began to affect the local market, similar to the rest of the nation, resulting in stay-at-home orders, group cancelations, and decreased business travel; thus, occupancy declined significantly in 2020. As much of the demand remaining was lower rated in nature, ADR declined in 2020, as well. General improvement has been registered since the low point that year. By year-end 2021, occupancy and ADR had recovered a substantial portion of their 2020 losses, gaining traction in the latter half of the year after the wide distribution of vaccines. Year-to-date 2022 data illustrate a slight softening in occupancy as travel patterns begin to normalize; however, despite the decrease in demand, rates have continued to improve, registering an approximately $15 increase over the same period in 2021. The following table provides a historical perspective on the supply and demand trends for a selected set of hotels, as provided by STR. October-2022 Executive Summary 7 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California The following tables reflect our estimates of operating data for hotels on an individual basis. These trends are presented in detail in the Supply and Demand Analysis chapter of this report. October-2022 Executive Summary Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 8 October-2022 Executive Summary n Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California 7 October-2022 Executive Summary 10 Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California Occupancy and Average Rate Based on our analysis presented in the Projection of Occupancy and Average Rate chapter, we have chosen to use a stabilized occupancy level of 80% and a base -year rate position of $110.00 for the proposed subject hotel. The following table reflects a summary of our proposed subject hotel occupancy and average rate projections. Summary of Forecast Our positioning of each revenue and expense level is supported by comparable Income and Expense operations or trends specific to this market. Our forecast of income and expense is Statement presented in the following table. October-2022 Executive Summary Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California October-2022 Executive Summary 12 Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California October-2022 Executive Summary i Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California 1 As illustrated, the hotel is expected to stabilize at a profitable level. Please refer to the Forecast of Income and Expense chapter of our report for a detailed explanation of the methodology used in deriving this forecast. Feasibility Conclusion The proposed subject hotel has an opportunity to serve an underserved niche in the market. Based on our market analysis, there is sufficient market support for the proposed Extended Stay America Premier Suites (or a similar extended -stay product). Based on the current market -appropriate discount rate and terminal capitalization rate for the proposed 72-room subject hotel, the present value of the cash flows at opening for the proposed subject hotel is $12,400,000. In order for the redevelopment of the existing structure into the proposed subject hotel to remain feasible, the all -in redevelopment costs for the proposed subject hotel should remain below this amount. Our estimate of redevelopment costs remains below the present value of cash flows upon the project's conclusion, thus rendering the project feasible. Assignment Conditions Per USPAP, an "Extraordinary Assumption" is defined as follows: An assignment -specific assumption as of the effective date regarding uncertain information used in an analysis which, if found to be false, could alter the appraiser's opinions or conclusions. Comment: Uncertain information might include physical, legal, or economic characteristics of the subject property; or conditions external to the property, such as market conditions or trends; or the integrity of data used in an analysis.' The analysis is based on the extraordinary assumption that the described improvements have been completed as of the stated date of opening. The reader should understand that the completed subject property does not yet exist as of the date of this report. Our feasibility study does not address unforeseeable events that could alter the proposed project, and/or the market conditions reflected in the analyses; we assume that no significant changes, other than those anticipated and explained in this report, shall take place between the date of inspection and stated date of opening. The use of this extraordinary assumption may have affected the assignment results. We have made no other extraordinary assumptions specific to this feasibility study. However, several important general assumptions have been made that apply to this feasibility study and our studies of proposed hotels in general. These aspects are set forth in the Assumptions and Limiting Conditions chapter of this report. "Hie A ppraisal FOUndation, Unifivin Standards of Pruf"Cssional Appraisal Nactice, 20202021 ed, October-2022 Executive Summary 14 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Intended se of the This feasibility report is being prepared for use in the development of the proposed Feasibility Study subject hotel. Identification of the The client for this engagement is Zyra Hospitality LLC and its assignees. This report Bent and Intended is intended for the addressee firm and its assignees and may not be distributed to User(s) or relied upon by other persons or entities. Scopeof WorkThe methodology used to develop this study is based on the market research and valuation techniques set forth in the textbooks authored by Hospitality Valuation Services for the American Institute of Real Estate Appraisers and the Appraisal Institute, entitled The Valuation of Hotels and Motels,2Hotels, Motels and Restaurants: Valuations and Market Studies,3 The Computerized Income Approach to Hotel/Motel Market Studies and Valuations,4 Hotels and Motels: A Guide to Market Analysis, Investment Analysis, and Valuations,5 and Hotels and Motels - Valuations and Market Studies.6 1. All information was collected and analyzed by the staff of TS Worldwide, LLC. Information was supplied by the client and/or the property's development team. The subject site has been evaluated from the viewpoint of its physical utility for the future operation of a hotel, as well as access, visibility, and other relevant factors. 3. The subject property's proposed improvements have been reviewed for their expected quality of construction, design, and layout efficiency. 4. The surrounding economic environment, on both an area and neighborhood level, has been reviewed to identify specific hostelry -related economic and demographic trends that may have an impact on future demand for hotels. 5. Dividing the market for hotel accommodations into individual segments defines specific market characteristics for the types of travelers expected to utilize the area's hotels. The factors investigated include purpose of visit, Stepheii Rushrrrote, `17w Valuation n c f Hotcls and Mo tcls, (Chicago: go: Amer° ii lirshtute of Real Est:atc5 Appraisers, Iciitf). 3 Stephen tkrtslrmore, Hotels, Motels and tkcstraururrts Valuations and IG/Icarkcf `ktudics. (Chi ag ca: Arn r ican histitute of 1keasl Estate Appraisers, 1983). IStel.,l.reaa Ikeashrnore, The C-oinputcrizcd Income Approach to Hotel/Motel murk€ f Studies an 11alualions. (Chicago: Anic ric.Kati bast tote of Real Estate Appraaisci,s, 1' 90). > afteplar.rr Rushrraoiv,, Holds and Motels, A Guide to Ct arkc l Anaa(r sis, lrrrestrricnI Analysis, urral Valuations (Chicago'. r"t.(ak ndsaai lrrstitUte, 1992). 1,2tuphen Ri.rshi,nore and Erich IlsWtn, Hotels and Motels Valuation,, and Market Studies. (Chicago, Appraisal Ira;,titratc, 2001). October-2022 Executive Summary i C Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 1 J average length of stay, facilities and amenities required, seasonality, daily demand fluctuations, and price sensitivity. 6. An analysis of existing and proposed competition provides an indication of the current accommodated demand, along with market penetration and the degree of competitiveness. Unless noted otherwise, we have inspected the competitive lodging facilities summarized in this report. 7. Documentation for an occupancy and ADR projection is derived utilizing the build-up approach based on an analysis of lodging activity. 8. A detailed projection of income and expense made in accordance with the Uniform System of Accounts for the Lodging Industry (USALI) sets forth the anticipated economic benefits of the proposed subject property. 9. A feasibility analysis is performed, in which the total property yield that the project would generate is compared to the total property yields indicated by market surveys. October-2022 Executive Summary i Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 1 The suitability of the land for the operation of a lodging facility is an important consideration affecting the economic viability of a property and its ultimate marketability. Factors such as size, topography, access, visibility, and the availability of utilities have a direct impact on the desirability of a particular site. The subject site is located in Baldwin Park, a city within Los Angeles County, southwest of the intersection formed by West Garvey Avenue South and West Merced Avenue. We note that the site is currently improved with a four-story, disused, former motel building which will be redeveloped into the proposed subject hotel. This site is in the city of Baldwin Park, California. Physical Characteristics The subject site measures approximately 1.23 acres, or 53,569 square feet. The parcel's adjacent uses are set forth in the following table. Topography and The topography of the site is generally flat and its shape should permit efficient use Site Utility of the site for the building and other improvements, as well as ingress and egress. Upon completion of construction, the subject site will not contain any significant portion of undeveloped land that could be sold, entitled, and developed for alternate use. It is expected that the site will be developed fully with building and site improvements, thus contributing to the overall profitability of the hotel. October-2022 Description of the Site and Neighborhood 17 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 41111savil I October-2022 Description of the Site and Neighborhood Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 18 ■ ffffff# i� October-2022 Description of the Site and Neighborhood 19 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Access and Visibility It is important to analyze the site with respect to regional and local transportation routes and demand generators, including ease of access. The subject site is readily accessible to a variety of local and county roads, as well as state and interstate highways. October-2022 Description of the Site and Neighborhood 20 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California ,J,• 0►, M Vehicular access to the subject site is provided by Dalewood Street. The subject site is located near a busy intersection and is relatively simple to locate from Interstate 10, which is the closest major thoroughfare. The proposed subject hotel is anticipated to have adequate signage at the street, as well as on its facade. Overall, the subject site benefits from very good accessibility, and the proposed hotel is expected to enjoy very good visibility from within its local neighborhood. Airport ccess The proposed subject hotel will be served by the multiple airports in the Los Angeles Basin. The primary airport, however, will likely be the Los Angeles International Airport, located approximately 25 miles to the southwest of the subject site. NeighborhoodThe neighborhood surrounding a lodging facility often has an impact on a hotel's status, image, class, style of operation, and sometimes its ability to attract and properly serve a particular market segment. This section of the report investigates the subject neighborhood and evaluates any pertinent location factors that could affect its future occupancy, average rate, and overall profitability. October-2022 Description of the Site and Neighborhood 21 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California The neighborhood that surrounds the subject site is generally defined by Baldwin Park Boulevard to the north and west, West Pacific Avenue to the east, and North Hacienda Boulevard to the south. The neighborhood is characterized by restaurants, office buildings, and retail shopping centers along the primary thoroughfares, with residential areas located along the secondary roadways. Some specific businesses and entities in the area include Plaza West Covina, Kaiser Permanente Baldwin Park Medical Center, and Kindred Hospital Baldwin Park; nearby hotels include the Courtyard by Marriott and Covina Motel. Restaurants located near the subject site include La Cocinita, Orchid Thai, and Pepe's Finest Mexican Food. In general, this neighborhood is in the stable stage of its life cycle. The proposed subject hotel's opening should be a positive influence on the area, and the property is expected to be in character with and to complement surrounding land uses. Utilities The subject site will reportedly be served by all necessary utilities. October-2022 Description of the Site and Neighborhood 22 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California GG Seismicity, Soil and The property is not located within an identified earthquake fault zone, liquefaction Subsoil Conditions zone, or landslide zone; however, the state of California is considered to be seismically active. This condition is consistent with the surrounding real estate and does not affect the subject site's utility or marketability. Geological and soil reports were not provided to us or made available for our review during the preparation of this report. We are not qualified to evaluate soil conditions other than by a visual inspection of the surface; no extraordinary conditions were apparent. Nuisances We were not informed of any site -specific nuisances or hazards, and there were no and Hazards visible signs of toxic ground contaminants at the time of our inspection. Because we are not experts in this field, we do not warrant the absence of hazardous waste and urge the reader to obtain an independent analysis of these factors. Flood Zone According to the Federal Emergency Management Agency, the subject site is located in flood zone Zone X. The flood zone definition for the Zone X designation is as follows: the flood insurance rate zone that corresponds to areas outside the 100- year floodplains, areas of 100-year sheet flow flooding where average depths are less than 1 foot, areas of 100-year stream flooding where the contributing drainage area is less than I square mile, or areas protected from the 100-year flood by levees. No Base Flood Elevations or depths are shown within this zone. =-N According to the local planning office, the subject property is zoned as follows: GC - General Commercial. Additional details pertaining to the proposed subject property's zoning regulations are summarized in the following table. We assume that all necessary permits and approvals will be secured (including the appropriate liquor license as applicable) and that the subject property will be constructed in accordance with local zoning ordinances, building codes, and all October-2022 Description of the Site and Neighborhood 23 Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California other applicable regulations. Our zoning analysis should be verified before any physical changes are made to the site. Legal Description, A copy of the subject property's legal description is provided in the addenda to this Easements and report. We are not experts in interpreting legal descriptions. The description Encroachments appears to be accurate; however, we suggest obtaining verification of this description from a qualified expert. We are not aware of any easements attached to the property that would significantly affect the utility of the site or marketability of this project. Legal Description, We have analyzed the issues of size, topography, access, visibility, and the Conclusion availability of utilities. The subject site is favorably located near Interstate 10 and a major interchange. In general, the site should be well suited for future hotel use, with acceptable access, visibility, and topography for an effective operation. October-2022 Description of the Site and Neighborhood 24 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California The economic vitality of the market area and neighborhood surrounding the subject site is an important consideration in forecasting lodging demand and future income potential. Economic and demographic trends that reflect the amount of visitation provide a basis from which to project lodging demand. The purpose of the market area analysis is to review available economic and demographic data to determine whether the local market will undergo economic growth, stabilize, or decline. In addition to predicting the direction of the economy, the rate of change must be quantified. These trends are then correlated based on their propensity to reflect variations in lodging demand, with the objective of forecasting the amount of growth or decline in visitation by individual market segment (e.g., commercial, meeting and group, and leisure). Market rea Definition The market area for a lodging facility is the geographical region where the sources of demand and the competitive supply are located. The subject site is located in the city of Baldwin Park, the county of Los Angeles, and the state of California. Baldwin Park is a city located in the central San Gabriel Valley region of Los Angeles County. Los Angeles, also known as L.A., is the largest city in California and the second- largest city in the United States. The Los Angeles area is the cultural, financial, and commercial center of Southern California and one of the world's major centers of business, entertainment, international trade, culture, media, fashion, science, technology, and education. L.A. is also considered a world city, a status afforded to major cities that are a primary node in the global economic network and have a direct and tangible effect on global socio-economic affairs. The greater Los Angeles area is home to multiple Fortune 500 companies including the Walt Disney Company, AECOM, Live Nation Entertainment, and Farmers Insurance. According to the Los Angeles Area Economic Development Corporation, Los Angeles County is one of the most dynamic economies in the world, with a fast-growing and immense high-tech industry, a world -leading creative economy, tremendous strength in aerospace and advanced transportation, the nation's largest manufacturing base, and the nation's largest international trade industry, with over $200 billion in imports and exports annually. L.A. is known as the "Entertainment Capital of the World" because it is home to Hollywood, many famous actors and actresses, and several famous entertainment awards shows including the Oscars and Grammys. The subject property's market area can be defined by its Combined Statistical Area (CSA): Los Angeles -Long Beach, CA. The CSA represents adjacent metropolitan and micropolitan statistical areas that have a moderate degree of employment interchange. Micropolitan statistical areas represent urban areas in the United October-2022 Market Area Analysis 2 C Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California GJ States based around a core city or town with a population of 10,000 to 49,999; the MS& requires the presence of cure city of at least 50,000 people and o total population of at least 100,000 (75,000 in New Rnrnud). The following exhibit illustrates the market area. Economic and A primary source ofeconomic and demographic statistics used iuthis analysis is the Demographic Review Complete Economic and Demographic Data Source published by Woods & Poole Economics, Inc. --a well -regarded forecasting service bused in Washington, D.C. Using a database containing more than 900 variables for each county in the nation, VVnnds& Poole employs asophisticated regional model toforecast economic and demographic trends. Historical statistics are based on census data and information published by the Bureau of Economic Analysis. Projections are formulated by Woods & Poole, and all dollar azoonois have been adjusted for inflation, thus reflecting real change. These data are summarized iuthe following table. October2022 Market Area Analysis 26 October-2022 Market Area Analysis 27 Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California The U.S. population grew at an average annual compounded rate of 0.7% from 2010 through 2019. The county's population has increased at a quicker pace than the nation's population; the average annual growth rate of 2.8% between 2010 and 2019 reflects a rapidly expanding area. Following this population trend, per -capita personal income increased modestly, at 2.7% on average annually for the county between 2010 and 2019. Local wealth indexes have remained stable in recent years, registering a high 169.0 level for the county in 2019. Food and beverage sales totaled $634 million in the county in 2019, versus $352 million in 2010. This reflects a 6.7% average annual change. The pace of growth is anticipated to be 4.5% through 2026. The retail sales sector demonstrated an annual increase of 3.5% in the decade spanning from 2010 to 2019. An increase of 3.7% average annual change is expected in county retail sales through 2026. Workforce The characteristics of an area's workforce provide an indication of the type and Characteristics amount of transient visitation likely to be generated by local businesses. Sectors such as finance, insurance, and real estate (FIRE); wholesale trade; and services produce a considerable number of visitors who are not particularly rate sensitive. The government sector often generates transient room nights, but per -diem reimbursement allowances often limit the accommodations selection to budget and mid -priced lodging facilities. Contributions from manufacturing, construction, transportation, communications, and public utilities (TCPU) employers can also be important, depending on the company type. The following table sets forth the county workforce distribution by business sector in 2019, 2020, and 2021, as well as a forecast for 2026. October-2022 Market Area Analysis 2p Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California GCS October-2022 Market Area Analysis ^fin Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California G7 Woods & Poole Economics, Inc. reports that during the period from 2019 to 2021, total employment in the county grew at an average annual rate of 1.3%. Of the primary employment sectors, Total Services recorded the highest increase in number of employees during the period from 2019 to 2021, increasing by 125,647 people, or 22.2%, and rising from 49.2% to 49.7% of total employment. Of the various service sub -sectors, Health Care And Social Assistance and Professional And Technical Services were the largest employers. Strong growth was also recorded in the Finance And Insurance sector, as well as the Real Estate And Rental And Lease sector, which expanded by 12.6% and 14.6%, respectively, in the period from 2019 to 2021. Forecasts developed by Woods & Poole Economics, Inc. anticipate that total employment in the county will change by 1.3% on average annually through 2026. The trend is on par with the forecast rate of change for the U.S. as a whole during the same period. The following table illustrates historical and projected employment, households, population, and average household income data, as provided by REIS for the overall Los Angeles market. October-2022 Market Area Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 30 October-2022 Market Area Analysis i Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California 1 For the Los Angeles market, of the roughly 4,400,000 persons employed, 28% are categorized as office employees, while 13% are categorized as industrial employees. Total employment is expected to expand by 3.8% in 2022, while office employment is forecast to expand by 2.8% in 2022. The number of households is forecast to expand by 0.6% on average annually between 2022 and 2026. Population is forecast to expand during this same period, at an average annual compounded rate of 0.1%. Household average income is forecast to grow by 4.7% on average annually from 2022 through 2026. Radial Demographic The following table reflects radial demographic trends for our market area Snapshot measured by three points of distance from the subject site. October-2022 Market Area Analysis 32 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California October-2022 Market Area Analysis 33 Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California This source reports a population of 534,147 and 139,129 households within a five - mile radius of the subject site. The average household income within this radius is reported at $101,087, while the median is $79,985. The following table presents historical unemployment rates for the proposed subject hotel's market area. After the U.S. unemployment rate declined to an annual average of 4.6% in 2006 and 2007, the Great Recession, which spanned December 2007 through June 2009, resulted in heightened unemployment rates. The unemployment rate peaked at 10.0% in October 2009, after which job growth resumed; the national unemployment rate has steadily declined since 2010. Total nonfarm payroll employment increased by 155,000, 238,000, and 235,000 jobs in December, January, and February, respectively. The strongest gains in February were recorded in the construction, private educational services, manufacturing, health care, and mining sectors. The national unemployment rate remains low, at 4.7% in December, 4.8% in January, and 4.7% in February; it has remained near the 5.0% mark since August 2015, reflecting a trend of relative stability and the overall strength of the U.S. economy. October-2022 Market Area Analysis �� Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Locally, the unemployment rate was 9.4% in 2021; for this same area in 2022, the most recent month's unemployment rate was registered at 5.1%, versus 9.9% for the same month in 2021. Local unemployment declined in 2013, and this trend continued through 2019. Local economic development officials reported that the entertainment, retail, tourism and leisure, finance, and healthcare sectors and industries have historically provided strong employment in the market. In 2020, the city and MSA registered noticeably higher unemployment levels than that of the nation, reportedly attributed to the severe income inequality, which was intensified over the course of the pandemic. Data from 2021 illustrate a decline in unemployment as the economy reopened. The most recent comparative period shows where the local market stands in 2022 relative to the same month last year, reflecting further improvement given the strengthening economic conditions. Major Business and Providing additional context for understanding the nature of the regional economy, Industry the following table presents a list of the major employers in the proposed subject property's market. Baldwin Park and its surrounding cities are home to several important medical facilities. Anchored by the 270-bed Kaiser Permanente Baldwin Park Medical Center, the Kaiser Permanente network also operates smaller medical centers in the surrounding cities of Diamond Bar, San Dimas, and West Covina. Other medical centers in the area include the Emanate Health Queen of the Valley Hospital, Kindred Hospital Baldwin Park, and Greater El Monte Community Hospital. While the healthcare sector is the area's largest economic anchor, tourism also play an October-2022 Market Area Analysis 35 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California important role in the local economy. Raging Waters, located in San Dimas, is California's largest waterpark and home to the state's only hydromagnetic water attraction. It is open annually from mid -May through late September and recognized by USA Today as a "Top 10 Water Park." Moreover, the San Bernardino Line is a Metrolink rail line running from Downtown Los Angeles to Baldwin Park. The line's extension to Redlands is expected to be complete by year-end 2022. Although many employers in the market temporarily reduced staffing and/or suspended operations following the onset of the COVID-19 pandemic in March 2020, an economic recovery began mid -year 2021; moreover, tourism rebounded rapidly during the summer of 2021. The return of international travel, increasing convention activity, and improving office -space occupancy should bolster the economic recovery going forward. Office Space Statistics Trends in occupied office space are typically among the most reliable indicators of lodging demand, as firms that occupy office space often exhibit a strong propensity to attract commercial visitors. Thus, trends that cause changes in vacancy rates or occupied office space may have a proportional impact on commercial lodging demand and a less direct effect on meeting demand. The following table details office space statistics for the pertinent market area. October-2022 Market Area Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 36 The greater Los Angeles market comprises a total of 207.5 million square feet of office space. For the 2nd Quarter of 2022, the market reported a vacancy rate of 16.3% and an average asking rent of $41.44. The subject property is located in the East County submarket, which houses 9,175,000 square feet of office space. The submarket's vacancy rate of 13.5% is below the overall market average. The average asking lease rate of $30.82 is below the average for the broader market. The following table illustrates a trend of office space statistics for the overall Los Angeles market and the East County submarket. October-2022 Market Area Analysis �� Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California October-2022 Market Area Analysis 3pCC77 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California The level of occupied office space is forecast to initially increase in this Los Angeles market, to roughly 7,900,000 square feet in 2022.Occupied office space recovers to 7,700,000 by 2026. According to REIS, despite the onset of the COVID-19 pandemic in 2020, vacancy rates in the East County of Los Angeles submarket decreased in 2021. Vacancy rates are expected to continue to decline in 2022 before increasing in 2023, a trend that is expected to continue through 2026. Similar to vacancy rates, average asking lease rates continued to increase despite the onset of the COVID-19 pandemic in 2020. Rates are expected to continue increasing through 2026. Convention ctiviy A convention center serves as a gauge of visitation trends to a particular market. Convention centers also generate significant levels of demand for area hotels and serve as a focal point for community activity. Typically, hotels within the closest proximity to a convention center —up to three miles away —will benefit the most. Hotels serving as headquarters for an event benefit the most by way of premium rates and hosting related banquet events. During the largest conventions, peripheral hotels may benefit from compression within the city as a whole. The award -winning Los Angeles Convention Center (LACC) is one of the key contributors to the economic and cultural vitality of Los Angeles. As one of the most technologically advanced, architecturally pleasing, and functionally superb venues in the world, the LACC features two exhibit halls and a 299-seat theatre for a total of roughly 720,000 square feet of exhibit space, as well as 64 meeting rooms totaling 147,000 square feet of meeting space. Additional features include a full -service business center, a few food courts, and 5,600 onsite parking spaces. AEG filed plans for an 850-room expansion of the JW Marriott Los Angeles L.A. Live. The 40-story hotel tower will reportedly include 51,000 square feet of meeting space and connect to the Los Angeles Convention Center through multiple pedestrian bridges. AEG is also in the planning stages of a $500-million expansion of the convention center, which is expected to include 350,000 square feet of additional meeting space. The expansion of the convention center is expected to improve the competitive level of L.A. as a destination for meetings and events relative to other West Coast convention markets, such as Anaheim, San Diego, San Francisco, and Seattle. The expansion project was approved by the city planning commission in February 2022; however, a construction timeline has yet to be announced. The following table illustrates recent usage statistics for this facility. October-2022 Market Area Analysis 3�' Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 7 The number of citywide conventions generally trended upward year -over -year between 2012/13 and 2016/17. Eleven new events at the LACC contributed to a strong year in 2014/15, and the booking pace continued to be strong in 2015/16, including events related to the Special Olympics and the U.S. Green Building Council conference. This event and the LACC's continued push to attract more national conventions, including the National Science Teachers Association's National Conference and the American Association of Neurological Surgeons Annual Scientific Meeting, contributed to the increase in the number of events held in 2016/17. The number of conventions and attendees then declined through the 2018/19 fiscal year, largely attributed to several rotating associations and bi-annual groups, rather than the loss of one large group. However, record attendance was reported at several key events, including the Anime Expo and the Los Angeles Auto Show. As expected, the number of events and room nights generated by the convention center decreased in fiscal 2019/20 due to the COVID-19 pandemic. The LACC remained closed for the entirety of fiscal 2020/21. However, the LACC began to welcome events in July 2021. The convention center reported an operating loss of $3.2 million in the 2020/21 fiscal year due to the impact of COVID-19. Data for the most recent fiscal year has not yet been published at the time of this report, but many events have returned, including the Los Angeles Comic Con and the National Science Teachers Association Conference. Airport Traffic Airport passenger counts are important indicators of lodging demand. Depending on the type of service provided by a particular airfield, a sizable percentage of arriving passengers may require hotel accommodations. Trends showing changes in passenger counts also reflect local business activity and the overall economic health of the area. Los Angeles International Airport (LAX) is the primary airport serving Los Angeles, California. With service to destinations across the globe, LAX reportedly handles October-2022 Market Area Analysis ^ O Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California `T more "origin and destination" passengers than any other airport and serves as a major hub for American Airlines, Delta Air Lines, and United Airlines. Los Angeles World Airports (LAWA), the airport authority that owns and operates LAX, is amid a multibillion -dollar capital improvements program that includes terminal and runway projects. In 2019, LAWA completed a $1.6-billion project that expanded the Tom Bradley International Terminal (TBIT), adding a 750,000-square-foot Midfield Satellite Concourse with an additional twelve gates. In 2017, Delta commenced construction on a $ 1.9-billion project to modernize, upgrade, and connect Terminal 2, Terminal 3, and the north side of the TBIT through its Delta Sky Way. A 24-hour automated people mover is also under construction and will connect passengers with the central terminal area and the Metro Green Line, the future Metro Crenshaw/LAX Line, and a new consolidated car -rental facility. These improvements are considered the largest public works program in the history of Los Angeles and are anticipated to be completed in 2023. Separately, in 2019, LAWA announced that initial preparations had begun for the future development of two new terminals, Terminals 0 and 9, to be located east of Terminals 1 and 7, respectively; this expansion will help prepare the city to host the 2028 Summer Olympic Games. The following table illustrates recent operating statistics for the Los Angeles International Airport, which is the primary airport facility serving the proposed subject hotel's submarket. October-2022 Market Area Analysis 41 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California This facility recorded 48,007,284 passengers in 2021. The change in passenger traffic between 2020 and 2021 was 66.8%. The average annual change during the period shown was -3.1%. Following years of growth in passenger traffic, a significant decline was recorded in 2020 given the impact of the COVID-19 pandemic and the travel restrictions that were implemented; however, data for 2021 show a positive trend now that most travel restrictions have been rescinded and economic activity has improved. Although passenger levels have increased since 2020, performance for 2021 remained around 45% below 2019 levels. On November 8, 2021, travel restrictions were lifted for fully vaccinated international visitors to the United States. Data for the year-to-date 2022 period show continued improvement compared to the same period in 2 02 1. Tourist Attractions Tourism is an important factor for Los Angeles area hotels. As the nation's entertainment capital, Los Angeles County is home to a variety of well-known television, movie, and other media production studios. The area benefits from optimal year-round weather conditions and miles of beaches. Primary attractions in the East County area include The Huntington Library, Art Museum, and Botanical Gardens; Raging Waters Los Angeles; and Irwindale Speedway. We note that many October-2022 Market Area Analysis 42 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California of the tourist attractions and entertainment venues temporarily closed or enacted visitor restrictions because of the COVID-19 pandemic, although most reopened mid -year 2021 once the governmental restrictions were lifted. Conclusion This section discussed a wide variety of economic indicators for the pertinent market area. The greater Los Angeles market, including Baldwin Park, is currently experiencing an economic rebound following the impacts of the COVID-19 pandemic, which peaked from the second quarter of 2020 through the second quarter of 2021. As noted previously, the local economy is primarily led by the entertainment, retail, tourism and leisure, finance, and healthcare industries and sectors. Additionally, tourism rebounded in the summer of 2021 and is expected to strengthen further this year, with key attractions such as The Huntington Library, Art Museum, and Botanical Gardens; Raging Waters Los Angeles; and the Irwindale Speedway being primary draws. Thus, the near -term market outlook is overall positive. October-2022 Market Area Analysis 43 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California In the lodging industry, price varies directly, but not proportionately, with demand and inversely, but not proportionately, with supply. Supply is measured by the number of guestrooms available, and demand is measured by the number of rooms occupied; the net effect of supply and demand toward equilibrium results in a prevailing price, or average daily rate (ADR). The purpose of this section is to investigate current supply and demand trends, as indicated by the current competitive market, and to set forth a basis for the projection of future supply and demand growth. Los Angeles -Long The subject property is located in the greater Los Angeles -Long Beach market. The Beach, CA Lodging following table presents the historical occupancy, average rate, and RevPAR data for Market this metropolitan area for 2001 through September 2022. The data reflect the historical performance of the market, including the impact of and recovery from the 2001 and 2008/09 downturns. October-2022 Supply and Demand Analysis 44 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Los Angeles is a major global center for business, entertainment, international trade, media, fashion, science, technology, and education. The Los Angeles hotel market (defined as Los Angeles County) is one of the largest in the United States and includes a variety of dynamic hotel submarkets, ranging from world-famous luxury destinations in Santa Monica, West Hollywood, and Beverly Hills to the coastal communities of Malibu, Venice Beach, Manhattan Beach, and Hermosa Beach, as well as smaller and more industrial areas to the south in Long Beach and to the east in the San Gabriel Valley. Following declines in 2009, concurrent with the local and October-2022 Supply and Demand Analysis 45 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California national economic downturns, market -wide RevPAR registered steady year -over - year growth from 2010 through 2019, resulting in occupancy levels approaching 80.0% in 2019. The Los Angeles market realized the quickest occupancy recovery among all major Southern California markets after the Great Recession. Growth continued in the last decade despite steady increases in supply, particularly in the vibrant submarkets of Downtown L.A., Hollywood, and West Hollywood. To assess the impact of COVID-19 on this market, we have reviewed the following data, as published by STR, which track market performance on a weekly basis. The weekly data illustrate the timing and degree of impact that the market is experiencing. October-2022 Supply and Demand Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California `TV Travel and visitation slowed significantly in 2020 as a result of COVID-19; thus, the market ended the year with an occupancy of 48.9% and an ADR of $138.95, reflecting a RevPAR decrease of 52.6% when compared to 2019. In Los Angeles, many small and large businesses, as well as the entertainment industry, were significantly affected by strict government restrictions implemented to reduce the spread of COVID-19. Group events at area hotels and at the Los Angeles Convention Center were canceled through mid -year 2021; however, re -bookings started in the October-2022 Supply and Demand Analysis ^ 7 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California `T fall of 2021. As of year-end 2021, occupancy and ADR rebounded to 66.0% and $177.34, respectively, showing significant improvements over 2020. Year-to-date data for 2022 show an acceleration in the rebound from 2021. The market's RevPAR for year-to-date 2022 exceeds that of the same period in 2019, illustrating the resiliency of the Los Angeles market. The return of in -person "awards season" galas and events, as well as the 2022 Super Bowl, assisted in the recovery of demand for this year. Over the long term, the popularity of this market with leisure and business travelers, limited supply increases, and the diversity and strength of the local economy should support continued growth in the lodging sector. Definition of SubjectThe subject site is located in the greater Los Angeles County lodging market. Within tel Market this greater market, the proposed subject hotel will compete with a smaller set of hotels based on various factors, such as location, price point, and product type. National Trends A hotel's local lodging market is most directly affected by the supply and demand Overview trends within the immediate area. However, individual markets are also influenced by conditions in the national lodging market. We have reviewed national lodging trends to provide a context for the forecast of the supply and demand for the proposed subject hotel's competitive set. STR is an independent research firm that compiles data on the lodging industry, and this information is routinely used by typical hotel buyers. The following STR diagram presents annual hotel occupancy, ADR, and rooms revenue per available room (RevPAR) data since 1989. RevPAR is calculated by multiplying occupancy by ADR and provides an indication of how well rooms revenue is being maximized. October-2022 Supply and Demand Analysis ^ p Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California `TC� The preceding chart illustrates the impact of the recessions of the early 199Os, 2OOOs, the financial crisis of 2008/09, and the recent pandemic on the U.S. lodging industry. In each case, the downturn caused lodging demand to drop, resulting in an occupancy decline. The aggregate ADR also fell, as hoteliers used price as a marketing tool to attract demand and support occupancy levels. As occupancy recovered, ADR growth resumed, although the ADR recovery lagged somewhat behind occupancy levels, as price discounts contributed to the initial recovery of demand. Following the financial crisis of the Great Recession, occupancy fell by over eight points, and ADR declined by 5.9%, resulting in an 18.3% decrease in RevPAR. The market recovered steadily thereafter, with occupancy surpassing the 65.0% mark in 2015, and ADR also consistently growing, albeit at a decelerating pace. October-2022 Supply and Demand Analysis 49 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California October-2022 Supply and Demand Analysis CO Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California J The onset of the COVID-19 pandemic in March 2020 had a severe impact on the lodging industry, causing occupancy, ADR, and RevPAR to decline by unprecedented levels. The impact on the national lodging industry peaked mid -April; for the week ending April 11, 2020, STR reported that national RevPAR was 83.6% lower than the level recorded for the same week in 2019. By the conclusion of 2020, occupancy had declined 22 points, with ADR decreasing by roughly $28.00, resulting in a RevPAR loss of 48.0% (rounded). The sharp downturn in travel caused by COVID- 19 continued into early 2021, as the months of January and February 2020 had not been notably affected by the pandemic. Hotels that traditionally derive a significant component of their demand from the larger group and convention subsegment were the hardest hit by the pandemic, followed by properties in markets with a high proportion of business and international travel. For this reason, the major metropolitan areas reported deep RevPAR declines through the first half of 2021. Hotels in locations that depend primarily on automobile traffic have fared better (including drive -to leisure destinations), and the extended -stay category has also outperformed the national average, fueling the illustrated 2021 recovery. Gaining traction in the summer of 2021, group demand began to show signs of recovery, albeit at a slower pace. Accordingly, by the end of 2021, nationwide occupancy had rebounded to nearly 58.0%, with ADR reaching roughly $125, representing a RevPAR gain of 58.0% (rounded). Many corporations and institutions have begun to return to offices, at least in some capacity. Group travel is recovering at an accelerating pace, as participants feel increasingly comfortable gathering in larger numbers. Leisure demand, which led the recovery in many markets, remains strong, with ADR levels in most destinations surpassing historical levels. With a significant portion of the recovery now behind us, and further interest rate increases likely on the horizon, hotel owners, operators, and investors generally expect less -significant gains in 2023 than those achieved in 2021 and 2022. Employment levels are high, and the return of group travel in the summer and fall of 2022 were definite bright spots for the industry. However, the inflation rate remains elevated, and the related increases in the federal funds rate may impact the degree of continued growth through 2023. October-2022 Supply and Demand Analysis 51 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California To further understand the nature, timing, and degree of the impact of the pandemic and subsequent recovery, we have reviewed the following weekly data for the U.S. lodging industry, as published by STR. October-2022 Supply and Demand Analysis C2 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California JG October-2022 Supply and Demand Analysis 53 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Historical A and STR is an independent research firm that compiles and publishes data on the lodging Demand as industry, routinely used by typical hotel buyers. HVS has ordered and analyzed an STR Trend Report of historical supply and demand data for a group of hotels considered applicable to this analysis for the proposed subject hotel. This information is presented in the following table, along with the market -wide occupancy, ADR, and RevPAR. In response to the travel restrictions and the decline in demand associated with the COVID-19 pandemic, numerous hotels in markets across the nation temporarily suspended operations. During these suspensions, hotels were typically closed to the public, with the majority of staff furloughed; however, key management and maintenance staff were retained to preserve the property and prepare for reopening. The Hampton by Hilton suspended operations because of the COVID-19 pandemic; however, it has since reopened. Our analysis considers the full supply of competitive rooms, including any hotels that may have temporarily suspended operations. October-2022 Supply and Demand Analysis 54 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California October-2022 Supply and Demand Analysis 55 Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California 500,000 450,000 400,000 350,000 300,000 z250,000 0 0 200,000 150,000 100,000 50,000 0 00.0 80.0 MO 60.0 50.0 40.0 v 0 MO 20.0 10.0 0.0 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 EM Available Room Nights Occupied Room Nights Occupancy It is important to note some limitations of the STR data. Hotels are occasionally added to or removed from the sample; furthermore, not every property reports data in a consistent and timely manner. These factors can influence the overall quality of the information by skewing the results, and these inconsistencies may also cause the STR data to differ from the results of our competitive survey. Nonetheless, STR data provide the best indication of aggregate growth or decline in existing supply and demand; thus, these trends have been considered in our analysis. Opening dates, as available, are presented for each reporting hotel in the previous table. The STR data for the competitive set reflect a market -wide occupancy level of 2021 in 67.2%, which compares to 58.6% for 2020. The STR data for the competitive set reflect a market -wide ADR level of $112.93 in 2021, which compares to $101.01 For 2020. These occupancy and ADR trends resulted in a RevPAR level of $75.87 in 2021. During the illustrated historical period, RevPAR generally followed a strengthening trend through 2017, paced by year -over -year increases in both occupancy and ADR. This improvement in market conditions was driven largely by the strengthening economic conditions, increased popularity in leisure travel to the Los Angeles area, October-2022 Supply and Demand Analysis 56 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California and Baldwin Park's strong healthcare sector. RevPAR declined in 2018 as the market was affected by the entrance of new supply, with the Home2 Suites by Hilton opening mid -year 2017. RevPAR levels recovered in 2019 as ADR increased and occupancy remained stable. In March 2020, the COVID-19 pandemic began to affect the local market, similar to the rest of the nation, resulting in stay-at-home orders, group cancelations, and decreased business travel; thus, occupancy declined significantly in 2020. As much of the demand remaining was lower rated in nature, ADR declined in 2020, as well. General improvement has been registered since the low point that year. By year-end 2021, occupancy and ADR had recovered a substantial portion of their 2020 losses, gaining traction in the latter half of the year after the wide distribution of vaccines. Year-to-date 2022 data illustrate a slight softening in occupancy as travel patterns begin to normalize; however, despite the decrease in demand, rates have continued to improve, registering an approximately $15 increase over the same period in 2021. SUPPLY The following table summarizes the important operating characteristics of the future primary competitors and the aggregate secondary competitors (as applicable). This information was compiled from personal interviews, inspections, online resources, and our in-house database of operating and hotel facility data. The room count of each secondary competitor has been weighted based on its assumed degree of competitiveness with the Proposed Extended -Stay Hotel Baldwin Park. In cases where exact operating data for an individual property (or properties) were not available, we have used these resources, as well as the STR data, to estimate positioning within the market. October-2022 Supply and Demand Analysis C7 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California J October-2022 Supply and Demand Analysis Cp Proposed Extended -Stay Hotel Baldwin Park— Baldwin Park, California 58 October-2022 Supply and Demand Analysis Cn Proposed Extended -Stay Hotel Baldwin Park— Baldwin Park, California J7 October-2022 Supply and Demand Analysis G O Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California V The following map illustrates the locations of the proposed subject hotel and its future competitors. 'Extended -Stay (Secondary) Home2 Suites by Hitton Azusa (Prlmary� Quatity Inn Near Uty of Hope Monrovia (Secondary) Extencied Stay Arne6ca Los Angeles Monrovia (Primary) Best Western Plu5 West Covina hin (Secondary) Rcsidence inn by Marriott Rasadena, Arcadia (Primary) Fairfield by Marriott Los Angeles West covhia (secondary) Extended StayAmerica Los Angeles Arcadia (Pri mary) HarnptNi by Hfl ton Los Angefee VVest Covina (Secondary) w HdIday Inn West Covina (Secondary) m octoberaoaa Supply and Demand Analysis 61 Supply Changes It is important to consider any new hotels that may have an impact on the proposed subject hotel's operating performance. The hotels that have recently opened, are under construction, or are in the stages of early development (if any) in the Baldwin Park market are noted below. The list is categorized by the principal submarkets within the city. Of the hotels listed in the preceding table, we have identified the following new supply that is expected to have some degree of competitive interaction with the proposed subject hotel based on location, anticipated market orientation and price point, and/or operating profile. A proposed TownePlace Suites by Marriott is under construction on a site approximately five miles from the subject site. This hotel will be similar to the proposed subject hotel in terms of extended -stay product offering and location in the East County submarket; therefore, it is expected to be fully competitive. In response to the travel restrictions and the decline in demand associated with the COVID-19 pandemic, numerous hotels in markets across the nation temporarily suspended operations. During these suspensions, hotels were typically closed to the public, with the majority of staff furloughed; however, key management and maintenance staff were retained to preserve the property and prepare for reopening. The Hampton by Hilton suspended operations because of the COVID-19 pandemic; however, it has since reopened. Our analysis considers the full supply of competitive rooms, including any hotels that may have temporarily suspended operations. October-2022 Supply and Demand Analysis 62 Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California While we have taken reasonable steps to investigate proposed hotel projects and their status, due to the nature of real estate development, it is impossible to determine with certainty every hotel that will be opened in the future or what their marketing strategies and effect on the market will be. Depending on the outcome of current and future projects, the future operating potential of the proposed subject hotel may be affected. Future improvement in market conditions will raise the risk of increased competition. Our forthcoming forecast of stabilized occupancy and ADR is intended to reflect such risk. Supply Conclusion We have identified various properties that are expected to be competitive to some degree with the proposed subject hotel. We have also investigated potential increases in competitive supply in this Baldwin Park submarket. The Proposed Extended -Stay Hotel Baldwin Park should enter a dynamic market of varying product types and price points. Next, we will present our forecast for demand change, using the historical supply data presented as a starting point. DEMAND The following table presents the most recent trends for the subject hotel market as tracked by HVS. These data pertain to the competitors discussed previously in this section; performance results are estimated, rounded for the competition, and weighted if there are secondary competitors present. In this respect, the information in the table differs from the previously presented STR data and is consistent with the supply -and -demand analysis developed for this report. Demand nlysis For the purpose of demand analysis, the overall market is divided into individual Using ar e segments based on the nature of travel. Based on our fieldwork, area analysis, and Segmentation knowledge of the local lodging market, we estimate the 2019 distribution of accommodated -room -night demand as follows. October-2022 Supply and Demand Analysis 63 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California ■ Commercial/ Extended -Stay • Leisure In the base year, the market's demand mix comprised commercial/ extended -stay demand, with this segment representing roughly 70% of the accommodated room nights in this Baldwin Park submarket. The leisure segment comprised 17% of the total, with the final portion group in nature, reflecting 13%. The purpose of segmenting the lodging market is to define each major type of demand, identify customer characteristics, and estimate future growth trends. Starting with an analysis of the local area, three segments were defined as representing the proposed subject hotel's lodging market. Various types of economic and demographic data were then evaluated to determine their propensity to reflect changes in hotel demand. Based on this procedure, we forecast the following average annual compounded market -segment growth rates. October-2022 Supply and Demand Analysis �q Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California V Latent Demand A table presented earlier in this section illustrated the accommodated -room -night demand in the proposed subject hotel's competitive market. Because this estimate is based on historical occupancy levels, it includes only those hotel rooms that were used by guests. Latent demand reflects potential room -night demand that has not been realized by the existing competitive supply, further classified as either unaccommodated demand or induced demand. Unaccommodated Unaccommodated demand refers to individuals who are unable to secure Demand accommodations in the market because all the local hotels are filled. These travelers must defer their trips, settle for less desirable accommodations, or stay in properties located outside the market area. Because this demand did not yield occupied room nights, it is not included in the estimate of historical accommodated - room -night demand. If additional lodging facilities are expected to enter the market, it is reasonable to assume that these guests will be able to secure hotel rooms in the future, and it is therefore necessary to quantify this demand. Unaccommodated demand is further indicated if the market is at all seasonal, with distinct high and low seasons; such seasonality indicates that although year-end occupancy may not average in excess of 70.0%, the market may sell out certain nights during the year. To evaluate the incidence of unaccommodated demand in the market, we have reviewed the average occupancy by the night of the week for the past twelve months for the competitive set, as reflected in the STR data. This is set forth in the following table. October-2022 Supply and Demand Analysis 65 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California The following table presents our estimate of unaccommodated demand in the subject market. Accordingly, we have forecast unaccommodated demand equivalent to 0.5% of the base -year demand, resulting from our analysis of monthly and weekly peak demand and sell -out trends. AccommodatedBased upon a review of the market dynamics in the proposed subject hotel's Demand and Market- competitive environment, we have forecast growth rates for each market segment. wide Occupancy Using the calculated potential demand for the market, we have determined market - wide accommodated demand based on the inherent limitations of demand fluctuations and other factors in the market area. October-2022 Supply and Demand Analysis 66 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California The following table details our projection of lodging demand growth for the subject market, including the total number of occupied room nights and any residual unaccommodated demand in the market. October-2022 Supply and Demand Analysis 67 Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California The defined competitive market of hotels experienced a sharp occupancy decline in 2020 and early 2021 because of the severe downturn in travel associated with the COVID-19 pandemic. Occupancy levels in 2022, however, have remained flat from 2021 levels, as tour groups and leisure travelers from Asian feeder markets have been slow to return to this set of competitive hotels. We expect market occupancy to continue to recover over the coming years given the ongoing return of many employees to offices, stronger levels of both commercial and leisure travel, and an increase in group gatherings. October-2022 Supply and Demand Analysis G p Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California VCR I : t , 11111111111 1 Mi 1111111 11 � � I I :, The quality of a lodging facility's physical improvements has a direct influence on marketability, attainable occupancy, and average room rate. The design and functionality of the structure can also affect operating efficiency and overall profitability. This section investigates the subject property's proposed physical improvements and personal property in an effort to determine how they are expected to contribute to attainable cash flows. Project Overview The Proposed Extended -Stay Hotel Baldwin Park will be an extended -stay lodging facility containing 72 rentable units. The 4-story property is planned to open on January 1, 2024. The East County of Los Angeles market area currently comprises hotels spanning all price ranges within the limited -service, select -service, and full - service segments. As of the date of this report, there are four extended -stay properties that operate in this market; however, a TownePlace Suites by Marriott is under construction in Monrovia. Our study assumes that the proposed subject hotel will operate as a midscale, limited -service, extended -stay hotel that is affiliated with the Extended Stay America Premier Suites brand. Our descriptions of the proposed hotel are sourced from the ownership group, Zyra Hospitality LLC. October-2022 Description of the Proposed Improvements Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 69 �.' Based on information provided by the proposed subject hotel's development representatives, the following table summarizes the facilities that are expected to be available at the proposed subject hotel. The proposed hotel is a rehabilitation of an existing four-story, former motel building. Upon completion, surface parking will be located around the building. Other site improvements will include freestanding signage, located at the main entrance to the site, as well as landscaping and sidewalks. Additional signage is expected to be placed on the exterior of the building. The hotel's main entrance will lead directly into the lobby, and the first (ground) floor will house the public areas and the back -of -the -house space. Guestrooms are planned to be located on all floors. The site and building components are anticipated to be normal for a hotel of this type and should meet the standards for this Baldwin Hills market. The proposed hotel's coffee station will be located opposite the front desk in the lobby. The furnishings of the space are expected to be of a similar style and finish as lobby and guestroom furnishings. In line with the Extended Stay America brand requirements, the proposed hotel is not expected to offer a daily continental or hot breakfast. The proposed hotel's amenities will include a lobby workstation, a fitness room, a market pantry located adjacent to the front desk, a guest laundry room, and vending areas on select guestroom floors. The hotel will feature studio suites, inclusive of kitchenettes, and the typical in -room amenities associated with the Extended Stay America Premier Suites brand. Guestroom bathrooms will be of a October-2022 Description of the Proposed Improvements 70 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California standard size, with a shower -in -tub, commode, and single sink with vanity area, featuring a stone countertop. Overall, the hotel's guestrooms and facilities should be appropriate for a property of this type, and we assume that they will meet brand standards. The hotel is expected to be served by the necessary back -of -the -house space, including an in-house laundry facility and administrative offices. These spaces should be adequate for a hotel of this type and should allow for the efficient operation of the property under competent management. October-2022 Description of the Proposed Improvements 71 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California October-2022 Description of the Proposed Improvements 72 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California octoberaoaa Description vfthe Proposed Improvements 73 . I V [till *11 1 ill ADA and We assume that the property will be redeveloped according to all pertinent codes Environmental and applicable brand standards. Moreover, we assume that renovations will not create any environmental hazards (such as mold) and that the property will fully comply with the Americans with Disabilities Act. Capital Expenditures Our analysis assumes that the hotel will require ongoing upgrades and periodic renovations after its opening in order to maintain its competitive level in this market and to remain compliant with brand standards. These costs should be adequately funded by the forecasted reserve for replacement, as long as hotel staff employs a successful, ongoing preventive -maintenance program. Construction Budget A detailed redevelopment budget was not provided by the developer at the time of this report. As such, we have developed our own estimate of the total redevelopment costs associated with redeveloping the existing site improvements (a vacant, four-story, former hotel building) into the proposed extended -stay hotel. Our estimate of the costs include hard costs, FF&E, soft costs, pre -opening costs, and October-2022 Description of the Proposed Improvements 74 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California working capital, as well as the developer's fee. Our development cost estimate is supported by reported costs of comparable projects and the annual HVS Development Cost Survey. We recommend that the development team obtain a more detailed development cost estimate from actual construction companies. It is also advised that developers consult more than one source in their hotel development process to more accurately assess the true cost of development. Conclusion Overall, the proposed subject property should offer a well -designed, functional layout of support areas and guestrooms. All typical and market -appropriate features and amenities are expected to be included in the hotel's design. We assume that the building will be fully open and operational on the stipulated opening date and will meet all local building codes and brand standards. Furthermore, we assume that the hotel staff will be adequately trained to allow for a successful opening and that pre -marketing efforts will have introduced the product to major local accounts at least six months in advance of the opening date. October-2022 Description of the Proposed Improvements 7 C Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California J Along with ADR results, the occupancy levels achieved by a hotel are the foundation of the property's financial performance and market value. Most of a lodging facility's other revenue sources (such as food and beverage, other operated departments, and miscellaneous income) are driven by the number of guests, and many expense levels vary with occupancy. To a certain degree, occupancy attainment can be manipulated by management. For example, hotel operators may choose to lower rates in an effort to maximize occupancy. Our forecasts reflect an operating strategy that we believe would be implemented by a typical, professional hotel management team to achieve an optimal mix of occupancy and average rate. Forecast of Subject The proposed subject hotel's occupancy forecast is set forth as follows, with the Property's Occupancy adjusted projected penetration rates used as a basis for calculating the amount of captured market demand. October-2022 Projection of Occupancy and Average Rate 76 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Within the commercial/exteoded-staysegment, the proposed subject bctel's occupancy penetration is positioned above the market -average level, supported by its proposed aU-sube extended -stay product offering. The proposed subject ho1e[o occupancy penetration in the leisure segment is positioned above the market - average level; we expect the property's all -suite product offering, inclusive of in - room kitchenettes, to be popular among transient leisure travelers. Extended -stay hotels are not known for group accommodations; thus, within the group segment, the proposed subject hotel's occupancy penetration is positioned belowthe market - average level. Furthermore, the proposed hotel will not offer any meeting space. October2022 Projection of Occupancy and Average Rate 77 These positioned segment penetration rates result in the following market segmentation forecast. • Commercial/ Extended -Stay • Leisure Based onour analysis of the proposed subject hotel and market area, we have selected a stabilized occupancy level of 78%. The stabilized occupancy is intended to reflect the anticipated results of the property over its remaining economic life given all changes in the U8z cycle of the bntmL Thus, the stabilized occupancy excludes from consideration any abnormal relationship between supply and demand, as well as any nonrecurring conditions that may result in unusually high or lnvv occupancies. Although the proposed subject hotel may operate at occupancies above this stabilized level, we believe it equally possible for new Octoberaoaa Projection of Occupancy and Average Rate 78 competition and temporary economic downturns to force the occupancy below this selected point of stability. Average Rate Analysis Although the ADR analysis presented here follows the occupancy projection, these two statistics are highly correlated; in reality, one cannot project occupancy without making specific assumptions regarding ADR. This relationship is best illustrated by revenue per available room (RevPAR), which reflects a property's ability to maximize rooms revenue. The following table summarizes the historical ADR and RevPAR levels of the proposed subject hotel's future primary competitors. We have selected the rate position of $110.00, in base -year dollars (2021), for the proposed subject hotel. We have positioned the proposed subject hotel's stabilized ADR in the 2021 base year in consideration of its new facility, strong brand affiliation, and all -suite extended -stay product offering. Average rates for this competitive market are anticipated to continue the strengthening trend that began in 2021, with the highest growth rate forecast for 2022 given the swift recovery from the particularly low ADRs in the first half of 2 02 1, as indicated by the month - over -month comparisons in the first half of 2022. ADR growth is then anticipated to moderate in the following years. The projected recovery related to the market's ADR October-2022 Projection of Occupancy and Average Rate 79 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 7 growth in our forecast is based upon the expectation that commercial, leisure, and group demand will return to the greater Los Angeles County area. The following table presents the ADR forecast for the market and the proposed subject hotel on a calendar -year basis, as well as the resulting ADR penetration level. The proposed subject hotel's projected ADR (as if stabilized) is then fjscalized to correspond with the hotel's anticipated date of opening for each forecast year. Discounts of 3% and 1% have been applied to the stabilized room rates projected for the first two years of operation, as would be expected for a new property of this type as it builds its reputation and becomes established in the market. The proposed subject hotel's ADR penetration level is forecast to reach 97% by the stabilized period, consistent with our stabilized ADR positioning. The following occupancies and average rates will be used to project the proposed subject hotel's rooms revenue; this forecast reflects years beginning on January 1, 2024, which correspond with our financial projections. October-2022 Projection of Occupancy and Average Rate po Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California t� October-2022 Projection of Occupancy and Average Rate i Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 81 In this chapter of our report, we have compiled a forecast of income and expense for the proposed subject hotel. This forecast is based on the facilities program set forth previously, as well as the occupancy and average rate forecast discussed previously. Comparable Operating In order to project future income and expense for the proposed subject hotel, we Statements have included a sample of individual comparable operating statements from our database of hotel statistics. All financial data are presented according to the three most common measures of industry performance: ratio to sales (RTS), amounts per available room (PAR), and amounts per occupied room night (POR). These historical income and expense statements will be used as benchmarks in our forthcoming forecast of income and expense. The proposed subject hotel's stabilized statement of income and expense, deflated to 2019 dollars, is also presented. October-2022 Projection of Income and Expense 82 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California October-2022 Projection of Income and Expense p ^� Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 83 October-2022 Projection of Income and Expense 84 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California t� October-2022 Projection of Income and Expense 85 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California The comparable statements' departmental income ranged from 754Y61n 79.9% of total revenue. The comparable properties achieved ogross operating profit ranging from 45.8% to 55.9% of total revenue. In consideration of the trends inthe Consumer Price Index (CPD,inflation factors that directly influence lodging properties, projectionsset forth byeconomists surveyed, and the Federal Reserve's target inflation rate, we have applied the Beyond the illustrated year, wehave applied aI096annual rate of growth to income and expenses toreflect the longer -term expectation of asset appreciation bytypical investors. This position is based on interviews with numerous market participants indicating a distinction in the expectations of near -term cost inflation (i.e., related to labor and supplies) versus long-term income growth that drives appreciation. Any exceptions 10the application nfthe assumed underlying ioOahouaodEBITDA Less Replacement Reserve growth rates are discussed in our write-up of individual income and expense items. Forecast of Revenue Based on an analysis that will be detailed throughout this section, we have and Expense formulated a forecast of income and expense. The following table presents a detailed forecast through the fifth projection year, including amounts per available room and per occupied room. The second table illustrates our ten-year forecast of income and expense, presented with a lesser degree of detail. The forecasts pertain to years that begin on January 1, 2024, expressed in inflated dollars for each year. October2022 Projection ofIncome and ExpenseProposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 86 October-2022 Projection of Income and Expense 87 Proposed Extended -Stay Hotel Baldwin Park— Baldwin Park, California C� October-2022 Projection of Income and Expense pp Proposed Extended -Stay Hotel Baldwin Park— Baldwin Park, California 88 We anticipate that it will take three years for the proposed subject hotel to reach a stabilized level of operation. Each revenue and expense item has been forecast based upon our review of the proposed subject hotel's operating budget and comparable income and expense statements. The forecast is based upon calendar years beginning January 1, 2024, expressed in inflated dollars for each year. Revenues associated with the proposed subject hotel's other operated departments and miscellaneous income category have been forecast to reflect the hotel's planned facilities and amenities, including a market pantry, guest laundry room, and vending areas. Expense levels fall within a range of reasonableness given the provided comparable operating statements; furthermore, franchise and management fees are set forth in accordance with our assumptions provided earlier in our report. Property Taxes Real estate in the state of California is assessed at 100% of market value upon the sale, expansion, or new construction of a property. Once established, the assessed value of a property can increase by no more than 2.0% per year, according to state law. A reassessment is triggered by the sale, expansion, or improvement of a property. Because this analysis is predicated upon a hypothetical sale, we have calculated the first year's property tax burden based on the estimated fee -simple market value of the subject property determined by our analysis. Real and personal property are taxed at the same rate. Property taxes are "stepped up" upon the assumed sale of the hotel at the end of the tenth year by loading the terminal capitalization rate with the tax rate. In most states, the comparison of a hotel's assessed value with that of comparable hotels in the same taxing jurisdiction can provide insight into whether or not the property is fairly assessed. The assessed value of the land and improvements is divided by the hotel's number of rooms to provide a unit of comparison with other hotels. This is a useful tool in most states, where properties are periodically reassessed to market value. However, in California, the comparison of assessed values is generally irrelevant due to Proposition 13, enacted in 1978, which removed the relationship between a property's assessed value and its market value. Under Proposition 13, a property is reassessed upon sale to market value, which is generally presumed to be the sales price; thereafter, the assessed value is increased at a maximum of 2% per year. Trends in appreciation and depreciation caused by market fluctuations are not reflected in a property's assessed value in California, unless there is a sales transaction. Thus, comparable hotels in California can have markedly different assessed values, depending upon when the last sales transaction occurred. For this reason, we have not researched the assessed values of comparable hotels to assess the reasonableness of the subject property's assessed value. The following table details the subject property's assessment history. October-2022 Projection of Income and Expense Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Tax rates are based on the city and county budgets, which change annually. The most recent tax rate in this jurisdiction was reported at 1.13110%. The following table shows changes in the tax rate during the last several years. Based on state law and the current tax rate, the proposed subject property's projected property tax expense levels are calculated as follows. Tax payments are due twice yearly. We estimate that property taxes for the Proposed Extended -Stay Hotel Baldwin Park will equal approximately $140,256 in the first forecast year of our projection period, increasing by 2.0% annually thereafter, the maximum allowed by state law. Conclusion In conclusion, our analysis reflects a profitable operation, with net income expected to total 36.7% of total revenue by the stabilized year. The stabilized total revenue comprises primarily rooms and food and beverage revenue, with a secondary portion derived from other income sources. On the cost side, departmental expenses total 22.2% of revenue by the stabilized year, while undistributed operating expenses total 27.7% of total revenues; this assumes that the property will be operated competently by a well-known hotel operator. After a 3.0% of total revenues management fee, and 6.4% of total revenues in fixed expenses, a net income ratio of 36.7% is forecast by the stabilized year. October-2022 Projection of Income and Expense Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Return on investment can be defined as the future benefits of an income -producing property relative to its acquisition or construction cost. The first step in performing a return -on -investment analysis is to determine the amount to be initially invested. For a proposed property, this amount is most likely to be the development cost of the hotel. Based on the total development cost, the individual investor will utilize a return -on -investment analysis to determine if the future cash flow from a current cash outlay meets his or her own investment criteria and at what level above or below this amount such an outlay exceeds or fails to meet these criteria. As an individual or company considering investment in hotel real estate, the decision to use one's own cash, an equity partner's capital, or lender financing will be an internal one. Because hotels typically require a substantial investment, only the largest investors and hotel companies generally have the means to purchase properties with all cash. We would anticipate the involvement of some financing by a third party for the typical investor or for those who may be entering the market for hotel acquisitions at this time. In leveraged acquisitions and developments where investors typically purchase or build upon real estate with a small amount of equity cash (20% to 50%) and a large amount of mortgage financing (50% to 80%), it is important for the equity investor to acknowledge the return requirements of the debt participant (mortgagee), as well as his or her own return requirements. Therefore, we will begin our rate -of -return analysis by reviewing the debt requirements of typical hotel mortgagees. Discounted Cash Flow The process of converting the projected income stream into an estimate of value via Analysis the DCF method is described as follows. 1. An appropriate discount rate is selected to apply to the projected net income before debt service. This rate reflects the "free and clear" internal rate of return to an all -cash purchaser or a blended rate of debt and equity return requirements. The discount rate takes into consideration the degree of perceived risk, anticipated income growth, market attitudes, and rates of return on other investment alternatives, as well as the availability and cost of financing. The discount rate is chosen by reviewing sales transactions and investor surveys and interviewing market participants. 2. A reversionary value reflecting the sales price of the property at the end of the ten-year holding period is calculated by capitalizing the eleventh -year net income by the terminal capitalization rate and deducting typical brokerage and legal fees. October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 3. Each year's forecasted net income before debt service and depreciation and the reversionary sales proceeds at the end of the ten-year holding period are converted to a present value by multiplying the cash flow by the chosen discount rate for that year in the forecast. The sum of the discounted cash flows equates to the value of the subject property. The following chart summarizes the averages presented for discount rates in various investor surveys during the past decade. October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California We note that the averages illustrated in the previous table are derived from wide arrays of data points, and a range of reasonableness extends both lower and higher than the indicated data points. Based on our review of these surveys and sales transactions (see total property yields shown in the table titled Sample of Hotels Sold), as well as our interviews of market participants, we have selected a discount rate of 8.25% for our analysis. Terminal Capitalization Inherent in this valuation process is the assumption of a sale at the end of the ten - Rate year holding period. The estimated reversionary sale price as of that date is calculated by capitalizing the projected eleventh -year net income by an overall terminal capitalization rate. An allocation for the selling expenses is deducted from this sale price, and the net proceeds to the equity interest (also known as the equity residual) are calculated by deducting the outstanding mortgage balance from the reversion. October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California We have reviewed several recent investor surveys. The following chart summarizes the averages presented for terminal capitalization rates in various investor surveys during the past decade. October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Furthermore, we have reviewed regional capitalization rates presented in the following table. For purposes of this analysis, we have applied a terminal capitalization rate of 7.75%. October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California Utilizing the discount rate and terminal capitalization rate set forth, the DCF procedure is summarized as follows. Due to the subject property's California location and the higher property tax implications upon the sale at the end of the hold, the terminal capitalization rate is loaded with the tax rate and is applied to the NOI estimate prior to property taxes. October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Development Cost A detailed redevelopment budget was not provided by the developer at the time of Estimate this report. As such, we have developed our own estimate of the total redevelopment costs associated with redeveloping the existing site improvements (a vacant, four-story, former hotel building) into the proposed extended -stay hotel. Our estimate of the costs include hard costs, FF&E, soft costs, pre -opening costs, and working capital, as well as the developer's fee. Our development cost estimate is supported by reported costs of comparable projects and the annual HVS Development Cost Survey. We recommend that the development team obtain a more detailed development cost estimate from actual construction companies. It is also October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California advised that developers consult more than one source in their hotel development process to more accurately assess the true cost of development. As a basis for estimating the redevelopment costs, we have used a hotel development cost survey conducted by HVS. The survey presents the range of per - room costs associated with various components of hotel development, including improvements, furniture, and equipment; pre -opening expenses; and operating capital. Statistics are compiled for budget hotels, midscale hotels with and without food and beverage, extended -stay hotels, full -service hotels, and luxury hotels and resorts. The results of the development cost survey are presented in the following table. October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 9nn 7 In addition to the survey data, we have also reviewed a selection of cost budgets from developers of comparable redevelopment projects, as illustrated in the following table. We note that given the individuality and variances associated with hotel redevelopment projects, such as the scope of redevelopment needed, profile and quality level of the hotel, these four comparable redevelopment projects could have differences from the proposed subject hotel. Building and Site Building and site improvements include all buildings and other relatively Improvements permanent structures located on, or attached to, the subject parcel. The cost of the improvements includes costs of materials, fees, and labor to construct the subject property's improvements. We note that the proposed subject property is a redevelopment of an existing, disused motel building; thus, we would not expect certain hard costs such as the building frame to be factored into the redevelopment cost. We estimate the redevelopment cost of the proposed subject property's improvements to be roughly $80,000 per room, or a total of $5,760,000. Furniture, Fixtures and Furniture, fixtures, and equipment (FF&E) include all non -permanent, removable Equipment items at the subject property, such as guestroom furnishings, kitchen equipment, and items of decor. The cost of the FF&E, along with all fees associated with the installation of such items, comprise the total cost of FF&E. Based on our understanding of the expected quality of furnishings, we have estimate the development cost of the proposed subject property's FF&E (as if new) at approximately $16,000 per room, or a total of $1,152,000. Pre-Openingand Pre -opening costs include expenses such as marketing, staffing, training, and Working a ital Costs administrative expenditures. Working capital includes a working capital reserve to maintain adequate cash flow until the operation reaches a break-even point. We estimate the pre -opening costs for the proposed subject property to be roughly $2,900 per room, or a total of $208,800. October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Soft Costs Soft costs include items other than labor and material that are necessary for construction but are not typically part of the construction contract. Soft costs can include professional fees, financing costs and the interest paid on construction loans, taxes and the builder's or developer's all-risk insurance during construction, marketing, sales, and lease -up costs incurred to achieve occupancy or sales. We estimate the amount of soft costs for the proposed subject property to be approximately $16,000 per room, or a total of $1,152,000. Developer's Fee The developer's fee represents a recovery of costs to the project developer, including salaries, travel, administrative costs, and other expenses related to coordinating the development. It is separate from a developer's anticipated profit or entrepreneurial incentive. The developer's fee is typically dependent upon the complexity of project coordination and the length of the development timeline. In the case of relatively simple projects in markets with low barriers to entry, a developer's fee may not be considered, whereas complicated projects in high - barrier -to -entry markets may incur more substantial costs for coordination and administration during an extended planning and construction period. In some cases, the developer's administrative costs are included within other line times, rather than allocated to an individual developer's fee line item. We estimate the developer's fee for the proposed subject property to be approximately $2,900 per room, equating to 2.0% of the project cost. LAMM= Based on the preceding analysis, we estimate the development cost of the proposed subject property as follows. The following table presents a comparison of this budget to the comparable cost budgets presented previously. October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Land Allocation A portion of the overall development cost includes the cost of the land. The range of per -room land cost was illustrated in the previously presented cost -survey data; land cost typically ranges from 5% to 20% of overall development cost but may be substantially higher for premium locations in markets with high barriers to entry. The portion of a hotel's overall net income that can be attributed to the land, like a ground -lease payment, is directly correlated to the cost or value of the site. Using the forecasted revenues for the proposed subject hotel and applying a typical hotel ground -lease rental formula, we can determine the income attributed to the land. The land cost can then be estimated by capitalizing the hypothetical ground rent. The self-adjusting aspect of this approach is a key element to its reliability. Hotels are often constructed on leased land. While the lease terms differ somewhat from property to property, the basis for the rental calculation is often tied to a percentage -of -revenue formula. We have researched actual long-term ground leases encumbering hotels. The following table summarizes our findings, showing the property, its room count, and its rental formula. October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California Our analysis of these ground -lease rental formulas indicates that economic ground rents for hotels such as the proposed subject hotel typically range from approximately 2% to 5% of rooms revenue. Hotels with a significant amount of land relative to the property's room count, hotels in resort areas, or hotels in land -sparse downtown markets may command higher ground rent. Based on the revenue projections set forth for the proposed subject hotel as part of this feasibility study, the following table shows how the economic ground rent has been calculated. Note that the stabilized revenue level has been deflated back to first -projection -year dollars. Deflated Stabilized Rooms Revenue $2,567,000 Rental Percentage 4.5 % Economic Ground Rent $115,515 Rent generated from an unsubordinated ground lease represents a low -risk flow of income. Because the tenant improvements typically amount to more than five times the value of the land, the risk of default is almost nonexistent. For hotel ground leases where rent is tied to revenue, the property owner is also protected from the adverse effects of inflation. Based on these minimal risk factors and the current cost of long-term capital, it is our opinion that the appropriate overall capitalization rate would be as indicated in the following table because of the low level of risk. Applying the indicated capitalization rate to the proposed subject hotel's economic ground rent results in the following estimate of land cost. Economic Ground Rent $118,980 Capitalization Rate 6.5 % $1,830,462 This indicates an estimated land cost of $1,800,000, or $33.60 per square foot, for the proposed subject hotel. We note that the subject site was acquired by the ownership group, ZYRA Hospitality LLC, for a reported price of $3,800,000 in February 2022. The acquisition of the site included an existing four-story, disused, former motel building. Conclusion In the estimation of development cost for the proposed improvements, the costs of several components of the total property were quantified. The development cost was estimated based on a hotel development cost survey conducted by HVS. The following table summarizes our estimate of the total cost to develop the proposed subject property. October 2022 FeasibilityAnalysis i O Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California l 4 Conclusion In determining the potential feasibility of the Proposed Extended -Stay Hotel Baldwin Park, we analyzed the lodging market, researched the area's economics, reviewed the estimated development cost, and prepared a ten-year forecast of income and expense, which was based on our review of the current and historical market conditions, as well as comparable income and expense statements. The proposed subject hotel has an opportunity to serve an underserved niche in the market. Based on our market analysis, there is sufficient market support for the proposed Extended Stay America Premier Suites (or a similar extended -stay product). Based on the current market -appropriate discount rate and terminal capitalization rate for the proposed 72-room subject hotel, the present value of the cash flows at opening for the proposed subject hotel is $12,400,000. In order for the redevelopment of the existing structure into the proposed subject hotel to remain feasible, the all -in redevelopment costs for the proposed subject hotel should remain below this amount. Our estimate of redevelopment costs remains below the present value of cash flows upon the project's conclusion, thus rendering the project feasible. October-2022 Feasibility Analysis Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 105 1. This report is set forth as a feasibility study of the proposed subject hotel; this is not an appraisal report. This report is to be used in whole and not in part. 3. No responsibility is assumed for matters of a legal nature, nor do we render any opinion as to title, which is assumed marketable and free of any deed restrictions and easements. The property is evaluated as though free and clear unless otherwise stated. 4. We assume that there are no hidden or unapparent conditions of the sub- soil or structures, such as underground storage tanks, that would affect the property's development potential. No responsibility is assumed for these conditions or for any engineering that may be required to discover them. 5. We have not considered the presence of potentially hazardous materials or any form of toxic waste on the project site. We are not qualified to detect hazardous substances and urge the client to retain an expert in this field if desired. 6. The Americans with Disabilities Act (ADA) became effective on January 26, 1992. We have assumed the proposed hotel would be designed and constructed to be in full compliance with the ADA. 7. We have made no survey of the site, and we assume no responsibility in connection with such matters. Sketches, photographs, maps, and other exhibits are included to assist the reader in visualizing the property. It is assumed that the use of the described real estate will be within the boundaries of the property described, and that no encroachment will exist. 8. All information, financial operating statements, estimates, and opinions obtained from parties not employed by TS Worldwide, LLC are assumed true and correct. We can assume no liability resulting from misinformation. 9. Unless noted, we assume that there are no encroachments, zoning violations, or building violations encumbering the subject site. 10. The property is assumed to be in full compliance with all applicable federal, state, local, and private codes, laws, consents, licenses, and regulations (including the appropriate liquor license if applicable), and that all licenses, permits, certificates, franchises, and so forth can be freely renewed or transferred to a purchaser. October-2022 Statement of Assumptions and Limiting Conditions 1 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 1 OG V 11. All mortgages, liens, encumbrances, leases, and servitudes have been disregarded unless specified otherwise. 12. None of this material may be reproduced in any form without our written permission, and the report cannot be disseminated to the public through advertising, public relations, news, sales, or other media. 13. We are not required to give testimony or attendance in court because of this analysis without previous arrangements and shall do so only when our standard per -diem fees and travel costs have been paid prior to the appearance. 14. If the reader is making a fiduciary or individual investment decision and has any questions concerning the material presented in this report, it is recommended that the reader contact us. 15. We take no responsibility for any events or circumstances that take place subsequent to the date of our field inspection. 16. The quality of a lodging facility's onsite management has a direct effect on a property's economic viability. The financial forecasts presented in this analysis assume responsible ownership and competent management. Any departure from this assumption may have a significant impact on the projected operating results. 17. The financial analysis presented in this report is based upon assumptions, estimates, and evaluations of the market conditions in the local and national economy, which may be subject to sharp rises and declines. Over the projection period considered in our analysis, wages and other operating expenses may increase or decrease because of market volatility and economic forces outside the control of the hotel's management. We assume that the price of hotel rooms, food, beverages, and other sources of revenue to the hotel will be adjusted to offset any increases or decreases in related costs. We do not warrant that our estimates will be attained, but they have been developed based upon information obtained during the course of our market research and are intended to reflect the expectations of a typical hotel investor as of the stated date of the report. 18. This analysis assumes continuation of all Internal Revenue Service tax code provisions as stated or interpreted on either the date this analysis or the date of our field inspection, whichever occurs first. 19. Many of the figures presented in this report were generated using sophisticated computer models that make calculations based on numbers carried out to three or more decimal places. In the interest of simplicity, most numbers have been rounded to the nearest tenth of a percent. Thus, these figures may be subject to small rounding errors. October-2022 Statement of Assumptions and Limiting Conditions 107 Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 20. It is agreed that our liability to the client is limited to the amount of the fee paid as liquidated damages. Our responsibility is limited to the client; the use of this report by third parties shall be solely at the risk of the client and/or third parties. The use of this report is also subject to the terms and conditions set forth in our engagement letter with the client. 21. Evaluating and comprising financial forecasts for hotels is both a science and an art. Although this analysis employs various mathematical calculations to provide projections, the final forecasts are subjective and maybe influenced by our experience and other factors not specifically set forth in this report. 22. This study was prepared by TS Worldwide, LLC. All opinions, recommendations, and conclusions expressed during the course of this assignment are rendered by the staff of TS Worldwide, LLC as employees, rather than as individuals. October-2022 Statement of Assumptions and Limiting Conditions i O Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California 1 8 The undersigned hereby certify that, to the best of our knowledge and belief. 1. the statements of fact presented in this report are true and correct; the reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are our personal, impartial, and unbiased professional analyses, opinions, and conclusions; 3. we have no present or prospective interest in the property that is the subject of this report and no personal interest with respect to the parties involved; 4. we have no bias with respect to the property that is the subject of this report or to the parties involved with this assignment; 5. our engagement in this assignment was not contingent upon developing or reporting predetermined results; 6. our compensation for completing this assignment is not contingent upon the development or reporting of a predetermined result or direction in performance that favors the cause of the client, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this study; 7. our analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice (USPAP); 8. Marcus R. Lee personally inspected the property described in this report; Luigi Major, MAI, participated in the analysis and reviewed the findings, but did not personally inspect the property; 9. no one other than those listed above and the undersigned prepared the analyses, conclusions, and opinions concerning the real estate that are set forth in this report; 10. neither Luigi Major, MAI, nor Marcus Lee has performed appraisal or consulting work on the property that is the subject of this report within the three-year period immediately preceding acceptance of this assignment; 11. the reported analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the requirements of the Code of Professional Ethics and the Standards of Professional Appraisal Practice of the Appraisal Institute; October-2022 Certification 109 Proposed Extended -Stay Hotel Baldwin Park —Baldwin Park, California 12. the use of this report is subject to the requirements of the Appraisal Institute relating to review by its duly authorized representatives; and 13. as of the date of this report, Luigi Major, MAI, has completed the continuing education program for Designated Members of the Appraisal Institute. Luigi Major, MAI Managing Director TS Worldwide, LLC State Appraiser License (CA) 3005056 Marcus R. Lee Director, Consulting & Valuation, Asset Management TS Worldwide, LLC State Appraiser License (CA) 3006899 October-2022 Certification 1 1 i i O Proposed Extended -Stay Hotel Baldwin Park — Baldwin Park, California r 2007 to present HVS CONSULTING AND VALUATION SERVICES Los Angeles, California EDUCATION AND OTHERBS - Hotel & Restaurant Management, University of Houston TRAINING Other Specialized Training Classes Completed: Uniform Standards of Professional Appraisal Practice - 15 hours Basic Appraisal Procedures - 30 hours Basic Appraisal Principles - 30 hours General Appraiser Income Approach (Parts I and II) - 60 hours General Appraiser Sales Comparison Approach - 30 hours General Appraiser Market Analysis and HBU - 30 hours General Appraiser Site Valuation and Cost Approach - 30 hours General Appraiser Report Writing and Case Studies - 30 hours Business Practices and Ethics - 7 hours Statistics, Modeling and Finance - 15 hours Advanced Income Capitalization - 40 hours Advanced Sales Comparison & Cost Approach - 40 hours Report Writing and Valuation Analysis - 40 hours Advanced Applications - 40 hours Fundamentals of Separating Real, Personal Property, and Intangible Business Assets - 15 hours General Demonstration Report Writing The Appraiser as an Expert Witness: Preparation and Testimony - 16 hours California Law - 4 hours Mortgage Fraud - Protect Yourself - 7 hours Supervisor Trainee Course for Texas - 7 hours Appraisal of Land Subject to Ground Lease - 7 hours Basic Hotel Appraising - 7 hours Advanced Hotel Appraising - 7 hours Appraisal of Land Subject to Ground Lease - 7 hours CA Supervisor/Trainee - 4 hours The Dirty Dozen - 3 hours HVS, Los Angeles, California Qualifications of Luigi Major, MAI 1 EDUCATION Income Approach - 7 hours (CONTINUED) Small Hotel/Motel Valuation - 7 hours NV Law - 3 hours Basics of Expert Witness - 7 hours Appraisal of Owner -Occupied Commercial Properties - 7 hours CA Law - 4 hours Appraisal of REO and Foreclosed Properties - 7 hours Biennial USPAP Updates STATE CERTIFICATIONS Arizona, California, Hawaii, Nevada, Texas PROFESSIONAL Appraisal Institute - Designated Member (MAI) AFFILIATIONS HVSJournal °COVID-19's Impact on the Los Angeles Hotel Market," April 2021 HVS Journal "U.S. Hotel Development Cost Survey 2020," October 2020 HVS Journal "Impact of COVID-19 on the Tucson Hotel Market," July 2020 HVS Journal "Impact of COVID-19 on Los Angeles & Southern California Hotel Markets," April 2020 HVS Journal "U.S. Hotel Development Cost Survey 2018/19," September 2019 HVS Journal "Market Pulse: Los Angeles, CA," March 2019 HVS Journal "HVS Hotel Development Cost Survey 2017/18," November 2018 HVSJournal "Blurred Lines between Hotels and Airbnb," September 2018 HVS Journal "Market Pulse: Palm Springs & Desert Cities," February 2018 HVS Journal HVSJournal HVS Journal HVS Journal HVSJournal "Top 6 Hotel Success Factors," August 2017 "In Focus: Houston, Texas," February 2016 "Four Key Takeaways: Meet the Money 2015," co-authored with Li Chen and Susan Furbay, May 2015 "In Focus: Houston, Texas," co-authored with Yimei Tang, July 2014 "Effects of Major Renovations on Hotel Market Penetration and Net Present Value," February 2014 HVS, Los Angeles, California Qualifications of Luigi Major, MAI 2 HVS Journal "HVS Market Intelligence Report 2013: Houston," June 2013 HVS Journal "HVS Market Intelligence Report: Houston Hotels in 2012," April 2012 HVSJournal "HVS Report: Foreign Direct Investment, Commercial Real Estate, and Hotel Development in Mexico City." Co-authored by Raul Duarte and Richard Katzman, February 2011 HVS Journal "San Miguel de Allende - A Beacon for the Tourism Potential of Colonial Towns and Villages," January 2009 HVS Journal "Mexico's Growing Trend: Master -Planned Resort -Residential Communities," November 2008 HVS Journal "Guadalajara - Preparing for the Future," May 2008 HVS Journal "HVS Market Intelligence Report: San Juan, Puerto Rico," November 2007 HVSJournal "HVS Market Intelligence Report: Liberia, Costa Rica," September 2007 HVS, Los Angeles, California Qualifications of Luigi Major, MAI EXAMPLES OFPROPERTIES APPRAISED OR EVALUATED PORTFOLIO ANALYSIS Portfolio of6Embassy Suites Hotels, Various Locations Portfolio ofGProposed Hotels, Colombia Ladder Capital Portfolio of6Hotels, Colorado and Texas Ladder Capital Package of4Hotels, Texas Portfolio of Boobuyyy Suites Hotels, Various Locations Lone Star Portfolio of38Hyatt Hotels, Various Locations Portfolio o[13Hotels for j9Mocgan Chase, Texas and New Mexico Portfolio of Extended -Stay Hotels throughout the South Portfolio of3Hotels, San Diego Portfolio of2 Full -Service Hotels, Houston Portfolio of8Marriott orEmbassy Suites Hotels, California and Nevada Portfolio of2Proposed Hotels, Mesa, Arizona Portfolio of2Ayres Hotels, Southern California Portfolio o[2 Hotels, Beverly Hills Portfolio o[3Proposed Hotels, Western U.S. Portfolio o[4Closed Full -Service Hotels Portfolio of9Hotels for Blue Torch Capital Portfolio o[2Proposed Resorts, La 0uinta,Ca|ifornia &LABAMA Hampton Inn, Birmingham City Lodge, Florence Holiday Inn, Hoover Hampton Inn, Pell City Home2Suites byHilton Phoenix Avondale, Avondale Proposed EVEN Hotel Avondale, Avondale Proposed Booue2Suites byHilton, Avondale 8onne2Suites byHilton Buckeye Phoenix, Buckeye Proposed Dual -Branded Tovvne9|acm Suites and Fairfield Inn, Buckeye Proposed Hotel, CanupeVerde Holiday Inn, Casa Grande Proposed Limited -Service Hotel atthe Promenade, Casa Grande Proposed Holiday Inn Flagstaff, Flagstaff Proposed Hotel near Gilbert Heritage District, Gilbert PcopnsedSpdnQBUl Suites by Marriott, Lake Havasu Proposed Hotel near Buccob'xAb'Cbin Caxiun'Macicnpa Proposed La0uiotaMacicopa. K4aricopa Proposed Hotel, Mesa Proposed Hotel near Phoenix Mesa Gateway Airport, Mesa Proposed Resort Page, Page Courtyard Phoenix Airport, Phoenix Four Points bySheraton Phoenix North, Phoenix Proposed Dual -Brand AC/8|ernent Phoenix Proposed Hampton Inn atMetro Center, Phoenix Proposed Holiday Inn Express & Suites ' Phoenix Airport North, Phoenix Proposed RonueZSuites byHilton Phoenix Airport North, Phoenix Proposed Hotel atPark Central Mall, Phoenix Proposed Hotel Central Station, Phoenix Proposed Hyatt Place Downtown Phoenix, Phoenix Proposed La0uiuta'Banner- University K0edica Ceuter, Phoenix Proposed La0uiutaInn 8cSuites McDowell Road, Phoenix Proposed Marriott Tribute, Phoenix Proposed Midtown Hotel, Phoenix Proposed VVoodSpriu0Suites Happy Valley, Phoenix Ramada, Phoenix Red Roof Inn Phoenix Bell Road, Phoenix Residence Inn byMarriott utMayo Clinic, Phoenix Proposed 0uartzsiteLimited-Service Bote|'0uartzsiLe Proposed Hotel, Queen Creek Proposed Hotel, Rancho Sabuarita NanajolaodInn & Suites /Saint Michaels Arizona, Saint Michaels Proposed CoasarsHotel atScottsdale Fashion Square, Scottsdale Proposed Hilton Hotel atCavasson' Scottsdale Proposed Holiday Inn, Scottsdale Proposed Hyatt Place and Hyatt House Dual -Branded Hotel, Scottsdale Talking Stick Resort, Scottsdale Las PosaJusnf3edonz'Sedonu Aloft, Tempe Comfort Suites Airport, Tempe K00XYPhoenix Tonope/&SUArea, Tempe Proposed Full -Service Hotel, Tempe Proposed Hilton Tempe, Tempe Proposed Residence Inn byMarriott, Tempe Proposed Westin Tempe, Tempe Proposed Best Western, 7opocb Four Points 6ySheraton Tucson Airport, Tucson LaPosadaLodge &CasitasAscend Hotel Collection, Tucson Proposed Graduate Hotel Tucson, Tucson Proposed Hotels utthe Marketplace, Tucson nvS,Los Angeles, California Qualifications of Luigi Major, Mm �� v Radisson Suites, Tucson Sheraton Hotel & Suites Tucson, Tucson Westin La Paloma Resort & Spa, Tucson Proposed Grand Canyon Resort, Tusayan Grand Canyon Railway Hotel, Williams ARKANSAS Proposed Hotel, Fairfield Bay Proposed Hotel, Hot Springs La Quinta Inn & Suites, Russellville CALIFORNIA Proposed Hotel Adelanto, Adelanto Proposed Holiday Inn Express Alameda, Alameda Alhambra Inn & Suites, Alhambra Fremont Inn, Alhambra Proposed Hotel American Canyon, American Canyon Candlewood Suites Anaheim - Resort Area, Anaheim Four Points by Sheraton, Anaheim Gaia Hotel & Spa, Anderson Apple Valley Lodge, Apple Valley Best Western, Bakersfield Proposed Best Western Bakersfield, Bakersfield Proposed Staybridge Suites, Bakersfield Holiday Inn Express Hotel & Suites Barstow Outlet Center, Barstow Proposed Dual -Branded Marriott, Barstow Quality Inn & Suites Santa Cruz Mountains Ben Lomond, Ben Lomond Hampton Inn & Suites Buellton/Santa Ynez Valley, Buellton Proposed Aloft Buena Park, Buena Park Proposed Hilton at the Source, Buena Park Proposed Stanford Hotel, Buena Park The Hotel at the Source, Buena Park Quality Inn Burbank, Burbank Radisson Suites Buena Park, Buena Park Proposed Cabazon Glamping Recreation Center, Cabazon Cape Rey Carlsbad a Hilton Resort, Carlsbad Proposed Beach Village Hotel Day Spa Condo Project, Carlsbad DoubleTree by Hilton Golf Resort Palm Springs Area, Cathedral City Staybridge Suites Cathedral City Golf Resort, Cathedral City Proposed Gaylord Pacific Resort & Convention Center, Chula Vista Proposed The GlenRoy, Coachella Motel 6 Coalinga East, Coalinga Proposed Everhome Suites Corona, Corona Blue Lantern Inn, Dana Point Proposed Boutique Hotel, Diablo Grande Proposed Hampton Inn, Diamond Bar Proposed Select Service Hotel Downey, Downey Proposed Home 2 Suites by Hilton, El Centro Proposed Residence Inn El Centro, El Centro Proposed Hotel El Dorado Hills, El Dorado Hills Holiday Inn Express, Elk Grove Proposed Candlewood Suites, Elk Grove Hyatt Place, Emeryville Proposed Home2 Suites by Hilton, Fairfield La Quinta Inn & Suites, Fresno San Joaquin Hotel, Fresno Proposed Tapestry Collection by Hilton Fullerton, Fullerton Hampton Inn, Goleta Holiday Inn Express, Grover Beach Home2 Suites by Hilton Hanford Lemoore, Hanford Proposed Home2 Suites, Hanford Proposed Dual -Branded Hotel, Hawthorne TownePlace Suites by Marriott Los Angeles LAX Hawthorne, Hawthorne Proposed Hotel, Hermosa Beach Godfrey Hotel Hollywood, Hollywood Proposed Kokoro Wellness Resort, Howard Springs Pasea Hotel & Spa, Huntington Beach Miramonte Indian Wells Resort & Spa Curio Collection by Hilton, Indian Wells Irvine Marriott, Irvine Holiday Inn San Diego La Mesa, La Mesa Best Western Laguna Brisas Spa Hotel, Laguna Beach Coast Inn, Laguna Beach Pacific Edge Hotel, Laguna Beach Seaside Laguna Inn & Suites, Laguna Beach Proposed Laguna Hills Hotel, Laguna Hills Hilton Garden Inn, Lompoc Hampton Inn Long Beach Airport, Long Beach Proposed Breakers Hotel Long Beach, Long Beach Dixie Hollywood Hotel, Los Angeles hClub, Los Angeles InterContinental Los Angeles Downtown, Los Angeles Loews Hollywood, Los Angeles Mr C Beverly Hills, Los Angeles Proposed Found Santa Monica, Los Angeles Proposed Hampton Inn & Suites Koreatown, Los Angeles Proposed Hotel Koreatown, Los Angeles Proposed Hyatt Place Olive Street, Los Angeles Proposed Spring Street Hotel, Los Angeles Proposed Staybridge Suites Los Angeles, Los Angeles HVS, Los Angeles, California Qualifications of Luigi Major, MAI 5 Proposed Tommie Hotel, Los Angeles Proposed Unscripted Hotel, Los Angeles Silver Lake Pool & Inn, Los Angeles Thompson Hollywood, Los Angeles Proposed Wellness Hotel Malibu, Malibu Proposed Hotel Mammoth Village, Mammoth Lakes Proposed Resort Mammoth Lakes, Mammoth Lakes Proposed Hampton Inn & Suites, Marina Proposed SpringHill Suites by Marriott, Marina Jolly Roger Motor Hotel, Marina Del Rey Proposed Menifee Hotel, Menifee Best Western, Merced Mountain Home Inn, Mill Valley Proposed Montebello Hotel, Montebello Monterey Hotel, Monterey Comfort Inn & Suites Temecula Wine Country, Murrieta Proposed Murrieta Hotel, Murrieta Best Western Elm House Inn, Napa Hampton by Hilton Napa, Napa Aloft Silicon Valley, Newark TownePlace Suites by Marriott, Newark Proposed Hotel North Hollywood, North Hollywood Proposed Select -Service Hotel, Northridge Proposed Homage Oakland, Oakland Courtyard by Marriott Oceanside, Oceanside Proposed Cambria Hotel Ontario, Ontario Proposed Dual -Branded Homewood Suites by Hilton and Hampton by Hilton Ontario, Ontario Proposed Element by Westin Ontario, Ontario Proposed Dual -Branded Residence Inn & Courtyard by Marriott Orange, Orange Hampton Inn Channel Islands Harbor, Oxnard Proposed Tru, Oxnard Ivy Palm Resort & Spa, Palm Springs Proposed Andaz Palm Springs, Palm Springs Proposed BODE: Palm Springs, Palm Springs Riviera Palm Springs, a Tribute Portfolio Resort, Palm Springs Tova Hotel & Beach Club, Palm Springs Travelodge Palm Springs, Palm Springs Holiday Inn Palmdale Lancaster, Palmdale Motel 6 Paso Robles, Paso Robles Proposed Hotel Ava, Paso Robles Proposed Patterson Hotel, Patterson Proposed Hotel Perris, Perris Sheraton Sonoma County Petaluma, Petaluma Motel 6, Pittsburg Proposed Courtyard by Marriott Pittsburg, Pittsburg Comfort Inn Near Fairplex Pomona, Pomona Comfort Inn & Suites, Rancho Cordova Proposed Hampton Inn, Rancho Cucamonga Proposed Hotel at The River Mall, Rancho Mirage Proposed Home2 Suites, Ridgecrest Proposed Roseville Hotel, Roseville Courtyard by Marriott Cal Expo, Sacramento DoubleTree by Hilton, Sacramento Fairfield Inn Cal Expo, Sacramento La Quinta Inn by Wyndham Sacramento North, Sacramento Quality Inn & Suites, Sacramento DoubleTree by Hilton Golf Resort, San Diego DoubleTree by Hilton San Diego Del Mar, San Diego Fairmont Grand Del Mar, San Diego Holiday Inn Express Hotel & Suites Otay Mesa, San Diego Holiday Inn Express & Suites San Diego Mission Valley, San Diego Hotel Iris, San Diego Hotel Palomar San Diego, San Diego Lafayette Hotel Swim Club & Bungalows, San Diego Marriott San Diego Del Mar, San Diego The Monsaraz Inn, Tapestry Collection by Hilton, San Diego Proposed Fairfield Inn, San Diego Proposed Hotel, San Diego San Diego Marriott Del Mar, San Diego SpringHill Suites by Marriott San Diego Mission Valley, San Diego US Grant, San Diego Proposed Boutique Hotel San Dimas, San Dimas Holiday Inn Fisherman's Wharf San Francisco, San Francisco Proposed Fairfield Inn & Suites by Marriott South San Francisco, South San Francisco San Jacinto Inn, San Jacinto Proposed Hyatt Place, San Jose La Cuesta Motor Inn, San Luis Obispo Proposed Dual -Brand Hotel San Marcos, San Marcos Proposed Home2 Suites, San Marcos Proposed La Quinta Inn & Suites, San Pablo Proposed AC Hotel by Marriott San Rafael, San Rafael Proposed Homewood Suites, Santa Clarita Hampton Inn, Santa Cruz Proposed Hampton by Hilton Santa Cruz, Santa Cruz Holiday Inn & Suites, Santa Maria Proper Hotel, Santa Monica Hotel Santa Rosa, Santa Rosa Proposed Residence Inn Scotts Valley, Scotts Valley HVS, Los Angeles, California Qualifications of Luigi Major, MAI 6 Proposed Hotel, Sonora Sonora Inn, Sonora Alpenrose Inn, South Lake Tahoe Firelite Lodge, Tahoe Vista Proposed Galway House, Temecula Proposed Hampton Inn Three Rivers, Three Rivers Travelodge Yucca Valley, Twentynine Palms Embassy Suites by Hilton, Valencia Hotel Erwin, Venice Beach Four Points by Sheraton Ventura Harbor Resort, Ventura Pierpont Inn Ventura, Ventura Proposed Avid Hotel Victorville, Victorville Marriott, Walnut Creek Proposed Hyatt Place Walnut Creek, Walnut Creek Proposed Residence Inn Walnut Creek, Walnut Creek Proposed Home2 Suites by Hilton Watsonville, Watsonville Hampton Inn, West Covina Holiday Inn West Covina, West Covina Andaz West Hollywood, West Hollywood The Charlie Hotel, West Hollywood London West Hollywood at Beverly Hills, West Hollywood DoubleTree by Hilton Whittier Los Angeles, Whittier Comfort Suites Woodland, Woodland Marriott Warner Center, Woodland Hills Proposed Staybridge Suites Woodland, Woodland COLORADO Proposed Gaylord Rockies Hotel & Convention Center, Aurora Hyatt Summerfield Suites, Broomfield Best Western Academy Hotel, Colorado Springs Proposed EVEN Hotel Victory Ridge, Colorado Springs All Inn Motel, Denver DISTRICT OF COLUMBIA Georgetown Suites Land Valuation Proposed Maison Kesh Hotel FLORIDA Marriott, Boca Raton Proposed Dual -Branded Residence Inn/SpringHill Suites by Marriott, Clearwater Beach Mayfair Hotel & Spa, Coconut Grove Hyatt Place, Delray Beach Hyatt Place at Coconut Point, Estero Hyatt Place, Fort Lauderdale Hilton Garden Inn, Fort Myers Four Points, Ft. Walton Beach Holiday Inn, Houston Proposed Courtyard, Jacksonville Wyndham Riverwalk, Jacksonville Terrace Hotel, Lakeland Proposed Holiday Inn & Suites, Miami Proposed Hotel, Miami Proposed Le Meridien, Miami Proposed Meminger Hotel, Miami Beach Proposed Hilton, Miami Beach The Raleigh Hotel, Miami Beach Proposed SpringHill Suites by Marriott, Navarre Embassy Suites Orlando Lake Buena Vista, Orlando Holiday Inn Express Hotel & Suites Orlando International Airport, Orlando Proposed WoodSpring Suites, Orlando Proposed Comfort Inn & Suites Panama City Beach, Panama City Beach Sheraton Suites Fort Lauderdale Plantation, Plantation Proposed Hotel, St. Augustine SpringHill Suites by Marriott, Sarasota Sawgrass Grand Hotel & Suites, Sunrise Hampton Inn, Tallahassee Hampton Inn Veterans Expressway, Tampa I" XI] IT" /.1 Proposed Curio - A Collection by Hilton, Alpharetta Courtyard by Marriott, Atlanta Holiday Inn Atlanta Perimeter Dunwoody, Atlanta Proposed Radisson, College Park Country Inn & Suites, Hiram Candlewood Suites, Lithia Springs Proposed Full -Service Tribute Hotel, Macon Holiday Inn Express, St. Simons Island Island Inn, St. Simons Island HAWAII Sheraton Keauhou Bay Resort & Spa, Kailua Proposed Kona Village, a Rosewood Resort, Kailua-Kona Four Seasons Resort Oahu at Ko Olina, Kapolei IDAHO Proposed Hotel Boise Airport, Boise Proposed Economy Extended Stay, Coeur D'Alene ILLINOIS Proposed Extended -Stay Hotel, Bolingbrook Proposed Hampton Inn, Burr Ridge SpringHill Suites by Marriott, Burr Ridge Renaissance Chicago O'Hare Suites, Chicago Courtyard by Marriott Chicago Elmhurst Oakbrook Area, Elmhurst SpringHill Suites by Marriott, Elmhurst INDIANA Proposed Aloft, Indianapolis IOWA Proposed Waterpark Hotel, Davenport HVS, Los Angeles, California Qualifications of Luigi Major, MAI 7 Proposed University of Iowa Hotel, Iowa City KANSAS Crowne Plaza Kansas City Overland Park, Lenexa LOUISIANA Proposed Residence Inn by Marriott, Bossier City Hampton Inn, Houma Hotel Acadiana, Lafayette Wyndham Garden, Lafayette Proposed Candlewood Suites, Leesville Astor Crowne Plaza, New Orleans Hilton Garden Inn French Quarter, New Orleans Hyatt Regency, New Orleans Proposed Hotel Alessandra, New Orleans Troubadour Hotel New Orleans, Tapestry Collection by Hilton, New Orleans Wyndham Chateau Bourbon, New Orleans Holiday Inn, Ruston Holiday Inn Express Hotel & Suites, Ruston Proposed La Quinta Inn & Suites, Ruston Nottoway Plantation Resort, White Castle MARYLAND Proposed Hilton Garden Inn, Baltimore Sheraton Washington North, Beltsville Country Inn & Suites by Carlson, Frederick Proposed Hotel Sorella, Rockville MINNESOTA Loews, Minneapolis Westin, Minneapolis MISSISSIPPI Four Points, Biloxi Proposed SpringHill Suites, Biloxi South Beach Biloxi Hotel, Biloxi Hampton Inn, Brookhaven Magnuson Hotel Hattiesburg, North Hattiesburg Jackson Downtown Convention Center Hotel, Jackson Staybridge Suites Ridgeland, Ridgeland I316X911JR1 Hilton Kansas City Airport, Kansas City MONTANA Proposed Hotel, Big Sky Proposed Hotel Gardiner, Gardiner Proposed Best Western, Shelby Holiday Inn Express, Sidney NEVADA Hampton Inn, Las Vegas Proposed Delta Las Vegas, Las Vegas Proposed Fairfield Inn & TownePlace Suites Dual -Branded Hotel, Las Vegas Proposed Hotel Raiders Stadium, Las Vegas Proposed Limited/Select-Service Hotel, Las Vegas Holiday Inn Express Hotel & Suites Mesquite, Mesquite The Retreat On Charleston Peak, Mount Charleston Extended Stay America Reno South Meadows, Reno Vegas Vacant Land, Spring Valley NEW JERSEY Proposed Holiday Inn, Bayonne Montreal Beach Resort, Cape May TownePlace Suites by Marriott, Mount Laurel Holiday Inn, Princeton NEW MEXICO Proposed Home2 by Hilton Alamogordo, Alamogordo Proposed Downtown Hotel, Albuquerque Proposed TownePlace Suites Albquerque, Albuquerque Sleep Inn & Suites, Hobbs Proposed La Quinta Inn, Los Lunas Holiday Inn Express, Portales Proposed Hotel, Ruidoso Hotel Santa Fe, Santa Fe Inn at Loretto, Santa Fe Proposed Boutique Hotel, Santa Fe Hampton Inn, Santa Rosa Holiday Inn Express, Santa Rosa La Quinta Inn, Santa Rosa Sagebrush Inn, Taos NEW YORK Marriott, Buffalo Proposed Hampton Inn, Dewitt Courtyard by Marriott New York LaGuardia Airport, East Elmhurst Proposed Tryp by Wyndham Long Island City, Long Island City Residence Inn, White Plains Proposed Selina Woodstock, Woodstock NORTH CAROLINA Proposed Fairfield Inn by Marriott, Maggie Valley Courtyard by Marriott, Raleigh OHIO Proposed Hilton, Chippewa Lake Proposed Baldwin Hotel, Cincinnati Holiday Inn, West Chester Proposed Holiday Inn & Conference Center, West Chester Radisson Hotel at the University of Toledo, Toledo OKLAHOMA Hilton Skirvin, Oklahoma City OREGON HVS, Los Angeles, California Qualifications of Luigi Major, MAI p Hilton, Eugene PENNSYLVANIA DoubleTree by Hilton Pittsburgh Garden Tree, Pittsburgh SOUTH CAROLINA Proposed 5-Star Hotel, Charleston Proposed Marion Square Hotel, Charleston 3 Palms Hotel, Myrtle Beach TENNESSEE Holiday Inn, Chattanooga Proposed Select -Service Hotel, Knoxville Holiday Inn Memphis Downtown Beale Street, Memphis BentoLiving Chestnut Hill, Nashville Proposed Dual -Brand Tru & Hampton Inn, Nashville TEXAS Holiday Inn Express, Allen Proposed 21c Hotel, Austin Proposed Hotel Granduca, Austin Proposed SpringHill Suites, Baytown Value Place, Beaumont Homewood Suites by Hilton, Bedford Proposed Hotel Texas A&M University, College Station Proposed Tryp by Wyndham, College Station Proposed Staybridge Suites, The Colony Fairfield Inn & Suites Houston Conroe, Conroe Candlewood Suites, Corpus Christi Comfort Suites Calallen, Corpus Christi Embassy Suites, Corpus Christi Holiday Inn Airport, Corpus Christi Holiday Inn Downtown, Corpus Christi Holiday Inn Express, Corpus Christi La Quinta Inn & Suites, Corpus Christi Proposed Schlitterbahn Resort, Corpus Christi Staybridge Suites, Corpus Christi Proposed Hotel, Cypress Le Meridien The Stoneieigh, Dallas Proposed Aloft/Element Dual - Branded Hotel, Dallas Proposed Autograph Collection Trinity Groves, Dallas Proposed Courtyard/Residence Inn Dual -Brand Hotel, Dallas Proposed Residence Inn by Marriott, Dallas Proposed Residence Inn and AC by Marriott Dual -Branded Hotel, Dallas Proposed Saint Elm Hotel, Dallas Hilton Garden Inn Denison Sherman at Texoma Event Center, Denison Proposed Hotel, Edinburg Proposed Hyatt Place, Edinburg Proposed Artisan Hotel Conversion, El Paso Sheraton Fort Worth Downtown Hotel, Fort Worth Proposed Hilton Garden Inn, Frisco Westin Stonebriar, Frisco Sheraton Fort Worth Downtown Hotel, Fort Worth SpringHill Suites by Marriott Fort Worth University, Fort Worth Proposed Full -Service Hotel Baybrook Mall, Friendswood Courtyard by Marriott, Galveston Proposed Beachfront Hotel, Galveston Proposed Beachtown Grand Hotel, Galveston Proposed Courtyard by Marriott, Galveston Proposed Downtown Hotel, Galveston Proposed TownePlace Suites, Galveston TownePlace Suites by Marriott, Galveston Proposed Hotel, Georgetown Best Western Fountainview, Houston Crowne Plaza, Houston Crowne Plaza Suites, Houston DoubleTree Suites by Hilton Houston Galleria, Houston DoubleTree IAH, Houston Four Seasons, Houston Hampton Inn Houston Interstate 10 West, Houston Hampton Inn & Suites Houston Medical Center, Houston Hilton Garden Inn Houston Bush Intercontinental Airport, Houston Hilton Garden Inn Houston Northwest, Houston Hilton Houston North, Houston Hilton Houston Westchase, Houston Holiday Inn Southwest, Houston Holiday Inn Westchase, Houston Homewood Suites by Hilton, Houston Hotel Icon, Houston Hyatt Regency, Houston Intercontinental Houston Medical Center, Houston Magnolia Hotel, Houston Marriott Houston North Greenspoint, Houston Proposed 314 Hotel, Houston Proposed AC Hotel Houston Downtown, Houston Proposed Aloft, Houston Proposed Embassy Suites, Houston Proposed Hampton Inn/Homewood Suites Downtown, Houston Proposed Heights Hotel, Houston Proposed Holiday Inn & Conference Center Willowbrook, Houston Proposed Holiday Inn Downtown, Houston Proposed Homewood Suites by Hilton, Houston Proposed Hotel Alessandra, Houston Proposed Hotel Galleria, Houston Proposed Hotel Zaza & Apartments, Houston Proposed Hyatt Place and Hyatt House Dual -Brand Hotel, Houston Proposed Hyatt Place, Houston Proposed InterContinental Hotel, Houston HVS, Los Angeles, California Qualifications of Luigi Major, MAI 9 Proposed JW Marriott, Houston Proposed Le Meridien, Houston Proposed Lifestyle Hotel, Houston Proposed Luxury Hotel Houston Galleria, Houston Proposed Marriott Marquis, Houston Proposed Montrose Hotel, Houston Proposed Select -Service Hotel, Houston Proposed SpringHill Suites, Houston Proposed Triple -Branded Hotel Houston Downtown, Houston Sam Houston Hotel (Curio Conversion), Houston Sheraton Houston North, Houston Sheraton Houston West, Houston Staybridge Suites, Houston Staybridge Suites Houston IAH Beltway 8, Houston Staybridge Suites Houston West Energy Corridor, Houston Staybridge Suites Houston Willowbrook, Houston Westin Galleria, Houston Westin Oaks, Houston Wingate by Wyndham Houston Bush Intercontinental, Houston Proposed Hotel & Conference Center, Huntsville Studio 6, Ingleside Proposed Westin, Irving Staybridge Suites DFW Airport North, Irving Wingate Las Colinas, Irving Sleep Inn & Suites, Jourdanton Super 8, Karnes City Homewood Suites by Hilton Houston/Katy Mills Mall, Katy Proposed Homewood Suites by Hilton, Katy South Shore Harbour Resort & Spa, League City Best Western, Luling Renaissance, McAllen Proposed Home2 Suites by Hilton, McKinney Proposed SpringHill Suites by Marriott, McKinney Proposed Westin, McKinney Proposed Limited -Service Hotel, Melissa Proposed Extended -Stay Hotel, Midland Candlewood Suites, Monahans La Toretta del Lago Resort & Spa, Montgomery Candlewood Suites, Odessa Proposed Home2 Suites by Hilton, Pasadena Courtyard by Marriott Houston Pearland, Pearland Proposed Pearland Hotel, Pearland Proposed Fairfield Inn by Marriott, Pecos TownePlace Suites by Marriott Plano, Plano Holiday Inn Express Hotel & Suites, Port Aransas Holiday Inn Express, Port Arthur Proposed Hilton Garden Inn Porter, Porter Holiday Inn Express, Rockport Microtel Inn & Suites, Round Rock Proposed Holiday Inn (land), San Angelo Hilton San Antonio Airport, San Antonio Homewood Suites by Marriott, San Antonio Marriott Plaza, San Antonio Microtel Inn & Suites Airport, San Antonio Microtel Inn & Suites SeaWorld, San Antonio Proposed Thompson Hotel, San Antonio Baymont Inn & Suites, Snyder Proposed Fairfield Inn by Marriott, Snyder Schlitterbahn Resort, South Padre Island Proposed Home2 Suites, Stafford Marriott Hotel and Conference Center, Sugar Land Proposed Red Lion Inn & Suites, Texas City Baymont Inn & Suites, Victoria Proposed Hotel, Webster Proposed Hotel & Conference Center, Webster Proposed Extended -Stay Hotel, The Woodlands Woodlands Resort & Conference Center, The Woodlands UTAH Peery Hotel, Salt Lake City Proposed Inn at St. George, St. George VIRGINIA Wingate Inn Dulles Airport, Chantilly Proposed Staybridge Suites, Charlottesville Delta Hotels, Chesapeake Westin Tysons Corner, Falls Church Proposed Hampton Inn, Gordonsville Holiday Inn, Lynchburg Magnuson Hotel & Convention Center at Oyster Point, Newport News Proposed Hotel Norfolk, Norfolk Holiday Inn Express & Suites Petersburg Fort Lee, Petersburg TownePlace Suites by Marriott, Stafford WASHINGTON Proposed AC Hotel, Bellevue Holiday Inn Express, Marysville Proposed Homewood Suites, Richland Proposed 4/C Tower Hotel, Seattle Holiday Inn Express, Sumner WISCONSIN Holiday Inn, Milwaukee INTERNATIONAL Colombia Proposed Hyatt Place, Bogota HVS, Los Angeles, California Qualifications of Luigi Major, MAI 10 Conrad, Cartagena Proposed City Express Hotel, Cartagena Proposed Luxe Resort by The Charlee, Guatape Proposed City Express Hotel, Medellin Proposed Courtyard by Marriott, Medellin Proposed Marriott, Medellin Proposed Hilton Garden Inn, Rionegro Proposed Airport Hotel, Rionegro Costa Rica Proposed Andaz, Guanacaste Proposed Boutique Resort, Guanacaste Proposed Paradisus Papagayo Bay Resort & Luxury Villas, Guanacaste Proposed Resort, Guanacaste Punta Cacique Proposed Resort, Guanacaste Proposed Boutique Resort, Guanacaste Proposed Limited -Service Hotel, Liberia Proposed Wellness Boutique Hotel, Matapalo Marriott Los Suenos, Playa Herradura Proposed Extended -Stay, San Jose Proposed Hyatt Place Pinares, San Jose Proposed Select -Service Hotel, San Jose Marriott Costa Rica, San Jose Proposed Hyatt Place, San Jose Proposed Lifestyle Hotel & Club, San Jose Proposed Luxury Hotel, San Jose Dominican Republic Proposed Auberge Resort, El Seibo Proposed Four Seasons, El Seibo El Salvador Proposed Full -Service Hotel, San Salvador Proposed Select -Service Hotel, San Salvador Guatemala Proposed Four Seasons, Antigua Proposed Hotel, Guatemala City Honduras Proposed Hotel, San Pedro Sula Mexico Fairmont Acapulco Princess, Acapulco Fairmont Pierre Marques, Acapulco Proposed Hotel, Acapulco Bacalar Land Parcels, Bacalar Proposed Bacalar Hotel, Bacalar Cabo de Cortes Fairmont/Raffles Development, Cabo San Lucas Cabo San Cristobal, Cabo San Lucas Proposed Luxury Hotel & Villa Project, Campeche Proposed Master -Planned Development (2), Campeche Dreams Resort, Cancun Elan Resort & Spa, Cancun El Pueblito, Cancun Fiesta Americana Condesa Cancun, Cancun Le Meridien, Cancun Yalmakan Resort, Cancun Westin Soberano, Chihuahua Proposed Quinta Real Hotel Development, Culiacan Proposed Banyan Tree, Ensenada Proposed Boutique Hotel Project, Guadalajara Proposed Fiesta Inn del Tapatio, Guadalajara Proposed Hotel Project, Guadalajara Proposed Mixed -Use Development, Guadalajara Proposed Vi Hotel, Guadalajara Hotel Condesa, Leon, Guanajuato Tesoro, Ixtapa Proposed Hotel & Residential Development, Ixtapan de la Sal Proposed Park Hyatt, Kanai Proposed St. Regis, Kanai Proposed W Hotel, Kanai Desire Resort, Los Cabos Esperanza Resort, Los Cabos Proposed Thompson Hotel, Los Veneros Tesoro Manzanillo, Manzanillo Embassy Suites, Mexico City Le Meridien, Mexico City Proposed City Express Hotel, Mexico City Proposed Limited -Service Hotel, Mexico City Proposed Hotel & Condo, Monterrey Proposed Hotel, Monterrey Proposed Limited -Service Hotel, Playa del Carmen Proposed Resort, Playa del Carmen Ceiba del Mar, Puerto Morelos Paraiso de la Bonita, Puerto Morelos Proposed Puerto Teichac Hotel & Residential Project, Puerto Progreso Presidente InterContinental, Puerto Vailarta Proposed City Express Hotel, Queretaro Proposed Capella Punta Maroma, River Maya Proposed Grand Hyatt, Riviera Maya El Dorado Ranch Hotel & Excess Land, San Felipe Proposed Hotel, San Miguel de Allende Prposed Quinta Real Hotel & Residential, San Miguel de Allende Dreams Resort, Tulum Secrets Capri Resort, Tulum Panama Proposed Boutique Hotel, Panama City Proposed Full -Service Hotel, Panama City Proposed Limited -Service Hotel, Panama City Peru HVS, Los Angeles, California Qualifications of Luigi Major, MAI 11 Proposed Hyatt Place, Lima Puerto Rico Hilton, Caribe Embassy Suites San Juan Hotel & Casino, Carolina Proposed Boutique Hotel, Ponce Proposed El Vigia Hotel and Residences, a Tribute Portfolio Resort, Ponce Courtyard by Marriott (Expansion), San Juan Proposed 1,000-Room Hotel & Casino San Juan, San Juan Saint Lucia Proposed Master Planned Development Spain Villaitana Wellness Golf & Business Sun Resort, Benidorm HVS, Los Angeles, California Qualifications of Luigi Major, MAI 12 Nov 2016 to present HVS CONSULTING AND VALUATION SERVICES Los Angeles, California Jan - Oct 2016 THE JEFFERSON HOTEL Washington, D.C. Sept 2014 - Jan 2016 CAPELLA WASHINGTON D.C., GEORGETOWN Washington, D.C. 2014 THE RITZ-CARLTON GEORGETOWN Washington, D.C. 2013 FOUR SEASONS WASHINGTON DC Washington, D.C. 2013 INTERNATIONAL MONETARY FUND Washington, D.C. 2012 OFFICE OF U.S. CONGRESSMAN BLAINE LUETKEMEYER Washington, D.C. 2012 THE CENTER FOR SOCIO-ECONOMIC DEVELOPMENT Geneva, Switzerland EDUCATION AND OTHERBA - Frederick S. Pardee School of Global Studies, Boston University TRAINING MS (Hospitality and Tourism) - School of Business, The George Washington University Other Specialized Training Classes Completed: Basic Appraisal Principles - 30 hours Basic Appraisal Procedures - 30 hours Uniform Standards of Professional Appraisal Practice (USPAP) - 15 hours General Appraiser Income Approach (Parts I and II) - 60 hours General Appraiser Market Analysis and HBU - 30 hours General Appraiser Site Valuation and Cost Approach - 30 hours General Appraiser Sales Comparison Approach - 30 hours Real Estate Finance, Statistics, Valuation Modeling - 15 hours HVS, Los Angeles, California Qualifications of Marcus R. Lee 1 EDUCATION General Appraiser Report Writing and Case Studies - 30 hours (CONTINUED) Appraisal Electives - 20 hours CA Supervisor/Trainee - 4 hours CA Law - 2 hours Expert Witness for Commercial Appraisers - 15 hours STATE CERTIFICATIONS California FIRIMM1 ►> c HVS Journal "COVID-19's Impact on the San Diego Lodging Market," November 2020 HVS Journal "HVS Market Pulse: San Diego, CA," March 2019 HVSJournal "Market Pulse: Orange County Beaches, CA," September 2018 HVS Journal "Market Pulse: Annapolis, MD," co-authored with Chelsey Leffet, April 2018 HVS Journal "HVS Market Pulse: Richmond, VA," July 2017 Handbook of Research on "Lesotho, a tourism destination: An analysis of Lesotho's current tourism products and Global Hospitality and potential for growth." Angelo A. Camillo (editor), IGI Global Publ., Hershey, PA, 2015 Tourism Management HVS, Los Angeles, California Qualifications of Marcus R. Lee EXAMPLES OF PROPERTIES APPRAISED OR EVALUATED 7 Motel 6 Properties, Southern California 10 Extended Stay America Hotels, Southern California ARIZONA Hampton Inn Phoenix Chandler, Chandler Proposed Hotel near Gilbert Heritage District, Gilbert Hotel San Carlos, Phoenix Proposed Hampton Inn at Metro Center, Phoenix Proposed Hotel Phoenix, Phoenix Proposed La Quinta Inn & Suites McDowell Road, Phoenix Red Roof Inn Phoenix Bell Road, Phoenix Holiday Inn Hotel & Suites Scottsdale North Airpark, Scottsdale Proposed Ceasars Hotel at Scottsdale Fashion Square, Scottsdale ARKANSAS Residence Inn by Marriott Little Rock Downtown, Little Rock CALIFORNIA Proposed Hotel Adelanto, Adelanto Courtyard by Marriott Thousand Oaks Agoura Hills, Agoura Hills Candlewood Suites Anaheim - Resort Area, Anaheim Embassy Suites by Hilton Anaheim North, Anaheim Holiday Inn & Suites Anaheim (1 Blk/Disneyland), Anaheim Holiday Inn Anaheim Disneyland, Anaheim Embassy Suites Arcadia Pasadena, Arcadia Proposed Hilton at The Source, Buena Park Carmel Resort Inn, Carmel DoubleTree by Hilton Golf Resort Palm Springs Area, Cathedral City Proposed The GlenRoy, Coachella Residence Inn San Diego Chula Vista, Chula Vista Proposed Everhome Suites, Corona SpringHill Suites by Marriott Corona Riverside, Corona Courtyard by Marriott Los Angeles Westside, Culver City DoubleTree Suites by Hilton Hotel Doheny Beach Dana Point, Dana Point Proposed Hilton Garden Inn UC Davis, Davis Courtyard by Marriott San Diego El Cajon, El Cajon Yosemite Cedar Lodge, El Portal Yosemite View Lodge, El Portal Embassy Suites by Hilton Anaheim South, Garden Grove Hampton Inn & Suites Los Angeles Glendale, Glendale Proposed Caption by Hyatt, Hollywood Pasha Hotel & Spa, Huntington Beach Miramonte Indian Wells Resort & Spa Curio Collection by Hilton, Indian Wells Pacific Edge Hotel, Laguna Beach Proposed Hotel Lathrop Towne Centre, Lathrop Hilton Garden Inn Lompoc, Lompoc Proposed Breakers Hotel Long Beach, Long Beach Residence Inn by Marriott Cypress Los Alamitos, Los Alamitos Marriott Los Angeles Airport, Los Angeles Proposed Found Santa Monica, Los Angeles Proposed Spring Street Hotel, Los Angeles Proposed Tommie Hotel, Los Angeles Proposed Unscripted Hotel, Los Angeles Thompson Hollywood, Los Angeles Proposed Murrieta Hotel, Murrieta Proposed Hampton Inn, Needles Hyatt Regency, Newport Beach Proposed Oakland Hotel, Oakland Proposed Cambria Hotel Ontario, Ontario Embassy Suites by Hilton Palm Desert, Palm Desert Holiday House, Palm Springs Proposed Andaz Palm Springs, Palm Springs Proposed BODE: Palm Springs, Palm Springs Courtyard by Marriott, Palmdale Residence Inn by Marriott, Palmdale Proposed Hotel Perris, Perris Proposed Hotel at The River Mall, Rancho Mirage Courtyard by Marriott San Diego Downtown, San Diego DoubleTree by Hilton San Diego Del Mar, San Diego Holiday Inn Express San Diego Downtown, San Diego Lafayette Hotel Swim Club & Bungalows, San Diego The Monsaraz Inn, Tapestry Collection by Hilton, San Diego Proposed Hampton Inn San Diego, San Diego Proposed Hotel San Diego, San Diego San Diego Marriott Del Mar, San Diego SpringHill Suites by Marriott San Diego Mission Valley, San Diego Proposed Home2 Suites, San Marcos Crowne Plaza Los Angeles Harbor, San Pedro Embassy Suites Santa Ana Orange County Airport North, Santa Ana Ambrose Hotel, Santa Monica Proposed Hilton Garden Inn, Simi Valley HVS, Los Angeles, California Qualifications of Marcus R. Lee 3 Wine Valley Inn & Cottages Solvang, Solvang Proposed Hotel Sonora, Sonora Sonora Inn, Sonora Embassy Suites Temecula Valley Wine Country, Temecula Hotel Erwin, Venice Beach Pierpont Inn Ventura, Ventura Fairfield by Marriott Visalia Sequoia, Visalia Cambria Hotel & Suites, Rockville Holiday Inn Express, Waldorf MAINE Budget Traveler Motor Lodge, Presque Isle Proposed Hyatt Place, Walnut Creek AC Hotels by Marriott Kansas City Holiday Inn West Covina, West Covina Westport, Kansas City COLORADO NEW JERSEY SpringHill Suites Denver Tech Center, Brick Motor Inn, Brick Greenwood Village Ramada Inn Wayne Fairfield, Wayne Proposed The Pad Hostel, Silverthorne Econo Lodge, Elmira DISTRICT OF COLUMBIA NEW YORK Avery Georgetown La Quinta Inn & Suites, Batavia Hampton Inn & Suites Washington DC Holiday Inn Express, Grand Island Navy Yard Budget Inn, Huntington Crowne Plaza, Suffern GEORGIA OHIO Proposed Hotel, Hapeville Hotel Indigo Savannah Historic District, Savannah INDIANA Clarion Hotel & Conference Center, Indianapolis MARYLAND Hampton Inn & Suites Baltimore/Aberdeen, Aberdeen La Quinta Inn, Aberdeen Proposed Fairfield Inn & Suites, Aberdeen Proposed TownePlace Suites by Marriott, Belcamp Days Inn & Suites, Cambridge Super 8, Havre de Grace Super 8, Coshocton Motel 6, Grove City Motel 6 Canton, North Canton PENNSYLVANIA Red Roof Inn, Chambersburg Hampton Inn, Clarion Comfort Inn Cranberry Township, Mars Hampton Inn Pittsburgh Monroeville, Monroeville Rodeway Inn, York TEXAS Proposed Autograph Collection Trinity Groves, Dallas Sheraton Fort Worth Downtown Hotel, Fort Worth SpringHill Suites by Marriott Fort Worth University, Fort Worth La Quinta Inn & Suites Houston Magnolia, Magnolia UTAH Comfort Inn & Suites Salt Lake City Airport, Salt Lake City Tru by Hilton Salt Lake City Airport, Salt Lake City VIRGINIA Indian Hills Interstate Inn, Colonial Heights Proposed Hampton Inn & Suites, Culpeper SpringHill Suites by Marriott Fairfax Fair Oaks, Fairfax Candlewood Suites Richmond West End Short Pump, Glen Allen Hyatt Place Richmond Innsbrook Glen Allen, Glen Allen Hampton Inn Norfolk/Naval Base, Norfolk Hyatt House Richmond West, Richmond Hyatt Place Richmond Arboretum, Richmond Suburban Extended Stay Northwest, Richmond Hyatt House Sterling/Dulles Airport - North, Sterling WEST VIRGINIA Comfort Suites Bridgeport Clarksburg, Bridgeport Proposed Best Western, Morgantown HVS, Los Angeles, California Qualifications of Marcus R. Lee Business, Consumer Services & Housing Agency BUREAU OF REAL ESTATE APPRAISERI M j . . ..... has successfully met the requirements for a license as a Trainee real estate appraiser in the State of California and is'. therefore, entitled to use the title., "'Trainee Appraiser" This license has been issued in accordance with the provisions of the Real Estate Appraisers' Licensing and Certification Law. 3006899 Effective Date: October 10, 2019 Date Expires: October 9, 2021 A Jirtin, Bureau Chief, BREA EMEW DRAWING LIST CONTACT INFORMATION PROJECT DATA PARCEL PROFILE ARCHITECTURAL OWNER SNS HOTELS LLC & ZYRA HOSPITALITY LLC MR. SANJAY PATEL & JAYESH PATEL 18543 YORBA LINDA BLVD #328 YORBA LINDA, CA 92886 ARCHITECTURE ARCHITECTURE STUDIO MA, INC 1808 BORREGO DRIVE WEST COVINA, CA 91791 (213) 422-6976 AREA TABULATION ADDRESS 14624 DALEWOOD STREET, BALDWIN PARK, CA 91706 A-0.0 PROJECT INFORMATION EXISTING ADDITION TOTAL CONSTRUCTION TION TYPE OCCUPANCY TYPE APN 8463-001-014 & 8463-001-015 A-0.0-1 4TH FL 8,442 SF 900 SF 9,342 SF III -A R-1 LEGAL DESCRIPTION A-0.0-2 BMP 3RD FL 8,442 SF 900 SF 9,342 SF III -A R-1 M.B.6-104 FOR DESC SEE ASSESSOR'S MAPS POR OF LOT 50 A-0.1 3D IMAGE SURVEY SOILS REPORT GRADING STRUCTURE BOLD ENGINEER & ASSOCIATES 3055 WILSHIRE BLVD. #880 LOS ANGELES, CA 90010 (213) 505-3058 2ND FL 8,442 SF 900 SF 9,342 SF III -A R-1 LOT AREA : 53,569.42 SF (1.230 ACRE)- GROSS CALLAND ENGINEERING, INC 576 E. LAMBERT RD BREA, CA 92821 (714) 671-1050 A-0.1-1 MATERIAL BOARD 1ST FL 8,442 SF 1,244 SF 9,686 SF III -A R-1 51,369.90 SF (1.179 ACRE)- NET A-0.1-2 MATERIAL BOARD TOTAL 33,768 SF 3,944 SF 37,712 SF ZONE FC (FREEWAY COMMERCIAL) A-0.2 GENERAL NOTES GENERAL PLAN : GC (GENERAL COMMERCIAL) A-0.3 GENERAL NOTES LAND USE CONSULTANT MIG 1650 SPRUCE STREET #106 RIVERSIDE, CA 92507 (951) 787-9222 ELECTRICAL PLUMBING MECHANICAL EX. BUILDING-1 (INN) EX. BUILDING-2 (RETAIL):NOT A SCOPE PERFECT DESIGN 2416 W. VALLEY BLVD ALHAMBRA, CA 91803 (626) 289-8808 A-0.4 ACCESSIBILITY DETAILS GUESTROOMS WITH MOBILITY FEATURES AND COMMUNICATION FEATURES BUILT YEAR: 1967 BUILT YEAR: A-0.5 ACCESSIBILITY DETAILS N0. OF STORY: 4 N0. OF STORY: 1 A-0.6 ACCESSIBILITY DETAILS MOBILITY FEATURES TABLE 11B-224.2 NO. OF UNIT: 72 A-0.7 ACCESSIBILITY DETAILS HOTEL FEASIBILITY STUDY HVS CONSULTING & VALUATION 8430 SANTA MONICA BLVD #200 WEST HOLLYWOOD, CA 90069 (310) 270-3240 TRAFFIC CONSULTANT GANDDINI GROUP INC 555 PARK CENTER DRIVE #225 SANTA ANA, CA 92705 (714) 795-3100 TOTAL NO. OF GUEST RM PROVIDED MIN NO. OF REQ'D ROOMS WITHOUT ROLL -IN SHOWER MIN NO. OF REQ'D ROOMS WITH ROLL -IN SHOWER TOTAL AREA: 33,768 SF AREA: 818 SF A-0.8 EXIT PLANS HEIGHT: SEE BELOW HEIGHT: 23'-0" A-0.9 EXIT PLANS 51 TO 75 3 1 4 CONSTRUCTION TYPE: III -A CONSTRUCTION TYPE: V T-1 SURVEY COMMUNICATION FEATURES TABLE 11B-224.4 FIRE SPRINKLER: NO FIRE SPRINKLER: NO A-1.0 SITE PLAN- EXISTING LANDSCAPE DESIGN MANUEL GARCIA LANDSCPE ARCHITECT 228 E CAMDEN ST GLENDORA, CA 91740 (626) 335-2733 TOTAL NO. OF GUEST RM PROVIDED GUESTROOMS FOR THE HEARING IMPAIRED OCCUPANCY: R-1 A-1.1 SITE PLAN- PROPOSED A-1.2 ACCESSIBLE ROUTE OF TRAVEL 51 TO 75 7 A-1.3 CONCEPTUAL LANDSCAPE PLAN ROOM MATRIX A-2.0 EXISTING FLOOR PLANS- 1ST & 2ND KING DBL QUEEN ADA-KING -TUB ADA-DBL FULL -TUB ADA-KING -SHOWER TOTAL A-2.1 EXISTING FLOOR PLANS- 3RD & 4TH PROJECT DATA 4TH FL 13 5 - - - 18 A-2.2 EXISTING ROOF PLAN 3RD FL 13 5 - - - 18 A-2.3 PROPOSED FLOOR PLANS- 1ST SCOPE OF WORKS 2ND FL 13 6 - - - 19 A-2.4 PROPOSED FLOOR PLANS- 2ND -ADDITION & REMODEL TO EXISTING 4-STORY INN BUILDING 1ST FL 1 10 1 3 1 1 2 1 17 A-2.5 PROPOSED FLOOR PLANS- 3RD & 4TH -DEMOLISH EXISTING POOL UNDER SEPARATE PERMIT TOTAL 49 19 1 2 1 72 A-2.6 PROPOSED ROOF PLAN -RE-CONFIGURE EXISTING ONSITE PARKING TO PROVIDE ADDITIONAL SPACES A-2.7 PROPOSED CEILING PLANS- 1 ST & 2ND A-2.8 PROPOSED CEILING PLANS- 3RD & 4TH A-3.0 UNIT PLANS APPLICABLE CODES PARKING CALCULATION BUILDING HEIGHT (PER BPMC) A-3.1 UNIT PLANS CUSTOMER PARKING -EXISTING . 36'-3" (T.O. PARAPET) / 40'-3" (T.O. ELEV SHAFT) A-4.0 EAST ELEVATIONS- EXISTING & PROPOSED 2019 CALIFORNIA BUILDING CODES AND BALDWIN PARK MUNICIPAL CODE HOTEL RETAIL TOTAL -PROPOSED : 36'-3" (T.O. PARAPET) / 41'-0" (T.O. NEW ELEV SHAFT) A-4.1 WEST ELEVATIONS- EXISTING & PROPOSED 2020 LOS ANGELES COUNTY FIRE CODE EXISTING 40 4 44 BUILDING HEIGHT (CBC TABLE 504.3) A-4.2 SOUTH & NORTH ELEVATIONS- EXISTING & PROPOSED REVISED Fire Prevention Engineer Date 10/10/2023 COUNTY OF LOS ANGELES FIRE DEPARTMENT FIDE PREVENTION ENGINEERING APPROVEDLONG-TERM Fire Prevention Engineer to 12/0/022 REQUIRED** 72 4 76 -EXISTING : 34'-3" (SEE 5.0), NO CHANGE IN HEIGHT A-4.5 BUILDING SIGNAGE PROVIDED 58 4 62* *MAX HT ALLOWED PER CBC TABLE 504.3: 65' A-5.0 SECTIONS * 62 INCLUDING 3-HANDICAP PARKING & 2-LOADING A-5.10 ENLARGED WALL SECTIONS ** HOTEL: 1 PER GUESTROOM NO. OF STORY (CBC TABLE 504.4) A-6.0 ENLARGED STAIRS- EXISTING ** RETAIL: 1 PER 200 SF (818 SF/200= 4.09) -EXISTING : 4, NO CHANGE IN STORY A-6.1 ENLARGED ELEVATOR- NEW BUILDING CODE AREA JUSTIFICATION (CBC TABLE 506.2) A-7.0 DOOR WINDOW SCHEDULE -MAX ALLOWABLE AREA : 24,000 SF PER FLOOR A-7.1 STOREFRONT INTERIOR FINISH SCHEDULE PARKING FOR CALGREEN (NON-RESIDENTIAL MANDATORY) *NON-SPRINKLERED, OCC: R-1, CONSTRUCTION TYPE: III -A A-8.0 WALL TYPES DESIGNATED PARKING FOR CLEAN AIR VEHICLE A-10.0 DETAILS REQUIRED 6 (51-75) LOT COVERAGE PROVIDED 6 -BUILDING FOOTPRINT : 10,243 HOTEL + 818 RETAIL = 11,061 SF FUTURE INSTALLATION OF EVSE 11,061 X 1 51,369.9 X 100% = 21.53% REQUIRED 4 (51-75) PROVIDED 4 FIRE SPRINKLER BIKE PARKING -EXISTING : NO REQUIRED PROVIDED -PROPOSED : NO SHORT-TERM 2 (CALGRN 5.106.4.1.1) 2 FIRE ALARM STRUCTURE 1 (CALGRN 5.106.4.1.2) 1 -EXISTING : NO S-1.0 GENERAL NOTES -PROPOSED : YES UNDER SEPARATE PERMIT S-1.1 GENERAL NOTES S-1.2 GENERAL DETAILS LANDSCAPE CALCULATION S-1.3 QUALITY ASSURANCE *PARKING LOT AREA : 30,195 SF SEE A-1.1.0 S-1.4 QUALITY ASSURANCE PARCEL MAP REQUIRED 3019 SF 10% OF PARKING AREA S-1.5 QUALITY ASSURANCE PROVIDED 7,665 SF S-2 FOUNDATION PLAN PROJECT SITE S-3 FRAMING PLAN S-4 FRAMING PLAN 8463 92042B SBOBO.iO✓ OFFlCF OFiXEASSEESOP O°288 COUNTY OF LOSANGELES a 3i3804138288 GOMPIGHT01898 S-5 DETAILS 1999 \ SAN BERNARDINO \ 40 6 8 F9 i \ oo, �s 94c0 PG < 51 PG 4G PG o ti S - 6 DETAILS architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE 0 ARCy/TF v MYLING-JONG LEE No. C-34188 12-31-23 cPP REN \Q F CA`�FO DRAWING NAME PROJECT INFORMATION PROJECT NO. DATE 8/29/2023 SHEET NO. �1vv, TOPOG PHIC MAP � Q lom �c I \ N r- � } T} ABBREVIATIONS/LEGEND: Q Lij CATV CABLE T.V. PULLBOX w C/B CATCH BASIN 6o I ? \\ CBW/RW CONC. BLOCK/RETAINING WALL 0 p� ,r4 U) r C }}s0 , C&G CURB AND GUTTER G '— } �' (o-� CF CHAIN LINK FENCE o °ro p ` v {aka. ° ` 2u ,, DWY DRIVEWAY Q J r2ss) °0"C r rC asp r>>s (� < (gyp 93 166' ' } \ D/A DRIVEWAY APPROACH w IR) 39,31") EX EXISTING%w r' pFEr�$ �( FF FINISH FLOOR o era i— M Csv (� s} s � } �7 r s4sq"0" S/6, s$) (2 !cy ac FS FINISHED SURFACE 5} C2 f2 is) 4R) C2o� ,� c > ap gs} zyr� °hc_ FL FLOW LINE °o"C 6 �) qa �o r .... GM GAS METER a� r} /C p� r �c} C<pJ} �q'' I / F IRON FENCE RELEASED ( / r r °' °°) ���96) HP HIGH POINT s' s} o al use _ rs as} } C, a r C } PP POWER POLE } t?i} / � RpoF f-^-„,.s'h o C a' 3 C s4Lq .. g., C v. °ek iw<� ....... P/L PROPERTY LINE <130¢) f2Sr } f Co �r}n0" 2�� p4Ao" ?As} r` r- Cz2r} �} � RW RETAINING WALL ��°Qr "p _.•-•-.-.�`�?".��j r2a� CSS2 C`'°��v`°�r?ar .�,� C�,� � �,'`S } o_- (a } } i �),o C.2.�s�r} • s} � _ Rpp�, � .(�� S s� r C�� , �S �o ° .v } � S/W SIDEWALK r#p "_ } `' S/D STORM DRAINREVISIONS . r r`s�r) C 3e, .9s (� TC TOP OF CURB g$) °"p Ao1 119) 17, W/M WATER METER �} rip} C a,�} �} _ i }} r}= W F WOODEN FENCE — I -mm ~� ''9 ( a} °Ra' - STORM DRAIN MANHOLE } <��° a� ` �,, — — q% o� _ — ' -} SEWER MANHOLE _ _ olvc C6"O % �} C��}s,��} WATER VALVE / C�l, 0} � h°ew FDC FIRE DEPT. CONNECTION 27 � � / {° o Czo ryas _` (,4. ass A9) s} _.( ..... Cz�o"ras — -- <2 I CASs R (23Rs $S> } (z� � azlf'z ��?, '�} r<'�$ Al i >} r} FIRE HYDRANT } r a s . ss} (23A0� r 4) i o ) (2 - - � y -- - —p _ EDISION PULL BOX � -14Qs h °r�1(Zcap 4Q ° } ss) - ') ❑ ' _. -9 9 STREET LIGHT PULL BOX r�6 �} Cps ' I — -- ' ( r� p TRAFFIC SIGNAL PULL BOX p°p` j `'.IQag}'•} — — UTILITY PULL VOX (? qic `�l'ss} U 0 TV CABLE PULL BOX Co"° rr d i °ew=-� C H.V HIGH VOLTAGE BOX — — ,r _ - r ��) 9°} 190) } _ � 8) �40179} rip} ( a — _- _ �'} - eU'`0j"� p TE TELEPHONE PULL BOX _. g} �'ao -= r I r2,$SS� a SEPTIC TANK } --(2l° rs} a(2,a a} ar) C2or�E= — � (5 32.00) EXISTING ELEVATION 532.00' ja} f�4°os) 9} - -- -- CONTOUR LINE C � ®S ,pp°F C,2z o �a p 532 EXISTING � 01 r� tao I e�i� -W--W-- WATER LINE } q (o a oa S C2 oa"p rs}}}s} / —} }ao o} ?70) °o"-S--S-- SEWER LINE —: r g — _ — - fa� fir} °ohp �-}- - - STREET LIGHT 'loopZI mm C2u ', b \ RE �' r p -- s} °" }• Cap r — — i �rl < (� r �, WF/ WOOD FENCE OR IF/ IRON FENCE S' } .._.....�._ ❑°6�' C`} qio�} � C.�4'} r?, s CF CHAIN LINK FENCE (ass} " p"pe 2 S (4 C2 o ) oAw o ! s, h _,....•...... / S} <�} r< p' Q��}r�06) r}. 'w — — — ' pew r EXISTING TREE (239 T / • Cy Say 14o0 (oo � Ssr} 4� }' } <�i CONC. BLOCK WALL/ RETAINING WALL sr'J q (aa rao d2�� ra chr ' _ c o a - SSJ �q) as - } pO"p f�o (��:�o WOOD POST .. Cap _ � . -' O z r _ . 4-0rn �o sp)$Qs � ® IRON POST (a� ® s' H caw �---�--�- s' H cew s '��set ' H cew 12,��, DRAIN HOLE U) Q s' H cew p} r° VENT p (2 U - __ ra�,sa 9} pgpq _ C<ras (<g r r 2} sod) a) - w ° "' (a _ — } pF ?) ) ��3�''rT} "'�.sr} o•o) kCIO a,r) f� ^ lay 00) _ L.L ? �} ?sy} _ r?} f2 hp�se � _ fir) } a�SO) :A `?JA ryo SURVEYOR'S NOTES: LEGAL DESCRIPTION: EASEMENT NOTES: BENCHMARK: L•L W 1. ALL INFORMATION SHOWN ON THE DRAWINGS IS GIVEN AS THE BEST PRESENT KNOWLEDGE AND A PORTION OF LOT 50 OF EL MONTE WALNUT PLACE, IN THE CITY E1 EASEMENT FOR ELECTRIC LINES PURPOSES PER BENCHMARK NO. 4G5643 DRA W BOOK 45090, PG. 4 OF OFFICIAL RECORDS. JS PERFORMED WITHIN GENERALLY ACCEPTED ENGINEERING PRACTICE BUT WITHOUT GUARANTEE OF OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, HL-4KLp ACCURACY. WHERE ACTUAL CONDITIONS CONFLICT WITH THE DRAWINGS, THEY SHALL BE AS PER MAP RECORDED IN MAP 6, PAGE 104 OF MAPS, IN THE DPW TAG W/CURB, NW COR FRANCISQUITO JY REPORTED TO THE ENGINEER SO THAT THE PROPER REVISIONS MAY BE MADE. OFFICE OF THE COUNTY RECORDER OF SAID COUNTY. E2 EASEMENT FOR POLE LINES AND CONDUITS AVE & PUENTE AVE, 6' S/O BCR WE. PURPOSES PER BOOK 46318, PG. 343 OF OFFICIAL 2-25-2022 2. ESTABLISHMENT OF CONTOUR: CONTOURING IS THE GRAPHICAL REPRESENTATION OF CONSTANT APN: 8463-001 —014 AND 8463-001 —015 RECORDS. ELEVATION: 337.672' (NAVD 1988) LAND JOB NO,: ELEVATION LINES THAT ARE INTERPOLATED OR EXTRAPOLATED BETWEEN ACTUAL FIELD MEASURED P� 22-001 —01 6 ELEVATIONS OR MAP ELEVATIONS, AND SHOULD NOT BE INTERPRETED AS PRECISE GROUND PROPERTY SIZE: 53,569.42 S.F. (1.230 ACRES) (GROSS) E3 EASEMENT FOR ELECTRIC LINES PURPOSES PER ��� SCALE. 1 "=20' CONDITIONS, ONLY AN INFINITE NUMBER OF FIELD MEASUREMENTS WOULD REPRESENT SUCH 51,369.90 S.F. (1.179 ACRES) (NET) BOOK 54048, PG. 39, RECORDED MARCH 27, 1957, BASIS OF BEARING: o o FILE NAME: PRECISE CONDITIONS, WHICH OBVIOUSLY ARE NOT POSSIBLE. THE NUMBER OF SUCH FIELD OF OFFICIAL RECORDS. CL JACK C. LEE Dalewood 14624_To o.dw MEASUREMENTS ARE THEREFORE LIMITED TO THE SCOPE AND INTENT OF THE RESULTING MAP. CENTERLINE OF DALEWOOD STREET N 48°28'25" W NO. 8407 E4 EASEMENT FOR POLE LINES AND CONDUITS AS PER TRACT NO. 13721 M.B. 273-48-49. 0 20 40 3. THE BEARINGS/DIMENSIONS OF THE MAP IS PREPARED BASED ON THE RECORD DATA. PURPOS6ESAP,1967R OF OFFICI INST. NO RECORDS. 046,RECORDED ON , I�9TF OF CAL�F\P 4. THE SURVEY IS PREPARED FOR ARCHITECTURAL/LANDSCAPING PURPOSE. 1 "=20' Tml 5. EASEMENTS ARE PLOTTED PER PRELIMINARY TITLE REPORT ORDER NO. 2676019934-48, DATED 01-20-2022. SHEET 1 OF 1 SHT. �0 F/HI Q w 0 0 2 \�\ EX. HOUSE SIGN / I \' / �Y ' ✓/ , ✓ ' CO 0 ' 0 \ \ o �\ \V (E) CONIC PAVING (E) POOL LLJ \\\\\\\\\ 10 CARS E) LS \\\\\\\\\\ L 3 CARS I ST. SIGN 0 EX. HOUSE 9 CARS (E) 6 H T. CMU FENCE--/%� EX. TOTAL 44 CARS ' F/H E SIGN 8 CARS (E) 6' HT. BOO CMU FENCE v I EX. BUILDING EX. BUILDING I \' 1 SITE P LAN - EX I STI N G S: 1 16 =1 -0 architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE 0 ARCy/TF v MYUNG—JONG LEE No. C-34188 12-31-23 cPP REN \Q 9� F CA`�FO DRAWING NAME SITE PLAN - EXISTING PROJECT NO. DATE 11 /14/2022 SHEET NO. EX. GARAGE (. HOUSE W\\� �0 �0\ (E) 40' HT TREE I I \\ I � -- ` � I EX. HOUSE I I i C (E) 40' H T T — I / / I / I / / EX. BUILDING `" reran. th'rckn 5s x Fire � v R; i n Engineer Date 10/10/2023 EX. BUILDING COUNTY OF LO ANELE \\\\ \\\\\\ \\\\ \\ \\ FIREDEPARTMENT FIRE PREVENTION ENGINEERING 0�� M110111"1111 ��N (N) ADDITION (E) & (N) LANDSCAPE (N) CONIC PAVING (N) TREES (E) TREES (N) LIGHT POLE, SEE E-2 PLAN 10 EX. 4-STORY HOTEL 02 EX. 1-STORY RETAIL, NOT A SCOPE OF WORK 03 EX. BALCONY TO BE ENCLOSED TO GUEST ROOM ® HOTEL LOBBY ADDITION 05 COVERED PORCH ® NEW ELEVATOR �7 NEW WATER BOOSTER ROOM ® NEW TRASH ENCLOSURE, SEE 2/A1.2 0 EX. 6' HT CMU FENCE 10 EX. SIGNAGE TO BE REMOVED 11 EX. POWER POLE 12 NEW TRANSFORMER (TO BE SCREENED) 13 EX. LIGHT POLE TO BE ABANDONED 14 NEW ELECTRICAL MAIN PANELS (TO BE PROTECTED WITH STEEL BOLLARDS AND TO BE COVERED W/ DECORATIVE ARCHITECTURAL METAL SCREEN) 0 15 DIRECTIONAL SIGN W/ ISA TO ENTRY 16 PASSENGER DROP-OFF ZONE 17 EX. BILLBOARD SIGNAGE TO REMAIN 18 NEW SIGNAGE- 'EGRESS ONLY' 19 NEW. SIGNAGE- 'PARKING LOT ENTRANCE' 20 SCORED OR STAMPED CONCRETE 21 SHORT-TERM BICYCLE PARKING 22 LONG-TERM BICYCLE PARKING 23 FENCE TO BE CONSTRUCTED BY ADJACENT DEVELOPMENT FIRE DEPT NOTES 1. Fire Department vehicular access roads must be installed and maintained in a serviceable manner prior to and during the time of construction. Fire Code 501.4 2. Provide a minimum unobstructed width of 28 feet, exclusive of shoulders, except for approved security gates in accordance with Section 503.6, and an unobstructed vertical clearance ""clear to sky"" Fire Department vehicular access to within 150 feet of all portions of the exterior walls of the first story of the building, as measured by an approved route around the exterior of the building when the height of the building above the lowest level of the Fire Department vehicular access road is more than 30 feet high, or the building is more than three stories. The access roadway shall be located a minimum of 15 feet and a maximum of 30 feet from the building, and shall be positioned parallel to one entire side of the building. The side of the building on which the aerial fire apparatus access road is positioned shall be approved by the fire code official. Fire Code 503.1.1 & 503.2.2. 3. Approved building address numbers, building numbers or approved building identification shall be provided and maintained so as to be plainly visible and legible from the street fronting the property. The numbers shall contrast with their background, be Arabic numerals or alphabet letters, and be a minimum of 4 inches high with a minimum stroke width of 0.5 inch. Fire Code 505.1 4. Fire apparatus access roads shall be identified with approved signs. Temporary signs shall be installed at each street intersection when construction of new roadways allows passage by vehicles. Signs shall be of an approved size, weather resistant and be maintained until replaced by permanent signs. Fire Code 505.2 5. All fire hydrants shall measure 6"" x 4"" x 2-1/2"", brass or bronze, conforming to American Water Works Association Standard C503, or approved equal. 6. Portable Fire Extinguisher requirements shall be determined by Fire Department Field Inspector in accordance with Fire Code 1002.1. 7. Dumpsters and containers with an individual capacity of 1.5 cubic yards (40.5 cu ft.) or more shall not be stored in buildings or placed within 5 feet of combustible walls, openings or combustible roof eaves, unless areas containing dumpsters or containers are protected by an approved automatic fire sprinkler system. Fire Code 304.3.3 8.The means of egress, and exit discharge, shall be illuminated at any time the building is occupied with a light intensity of not less than 1 foot—candle at the walking surface level. Building Code 1006.2 9. The power supply for means of egress illumination shall normally be provided by the premises electrical supply. In the event of power supply failure, the emergency power system shall provide power for a duration of not less than 90 minutes and shall consist of storage batteries, unit equipment or an on —site generator. Building Code 1006.3 10. The means of egress travel shall be illuminated at any time the building is occupied with a light intensity of not less than 1 foot—candle at the floor level Building Code 1003.2.9.1. 11. Smoke and Carbon Monoxide detectors to be hard wired with a battery backup architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 • • as dh • ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE 0 ARCy/TF v MYLING—JONG LEE No. C-34188 12-31-23 tP� REN \Q F CA`�FO DRAWING NAME SITE PLAN - PROPOSED PROJECT NO. DATE 8/29/2023 SHEET NO. SITE PLAN— PROPOSED Pine Prevention Engineer S: 1 16 =1 —0" Date 1.2/05/2022 A-1. 1 -F D 0 m E. 01 BE REMOVED (E) GUARDRAIL TO BE REMOVED, TYP. Vow i = a � I II I II I 0 (E)E-PANELS TO BE REMOVED (E) WATER FILTE TO BE REMOVED . ; . (E) CMU WALL (E) CMU WALL TO BE REMOVED AFTER (N) EXT WALLS INSTALLED (E) WD STUD WALL F------ (E) WD STUD WALL TO BE REMOVED L-------� architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE ARcl,11 v MYUNG—JONG LEE No. C-34188 12-31-23 cPP REN \Q 9� F CA`�FO DRAWING NAME DEMO PLANS —1ST & 2ND PROJECT NO. DATE 10/21/2022 SHEET NO. 1 ST FLOOR PLAN— DEMO m 0 m m m ROOF HATCH ABOVE Lw- (E) GUARDRAIL TO BE REMOVED, TYP. 4TH FLOOR PLAN- DEMO m4mm I I I ft-0 O 2 1 (A) 13) rn-� T 1 1-F T (T' 154'-8" L 14 )-of) 14 )-off 14 I -off 14 I -off 14 I -off 14 I -off 141-011 14)-0" 14)-0" 14'- off 14)-0" /--(E) VENT (E) VENTS BALCONY BALCONY "NEW_ __ ___ >---------- Al 4007.1m BALCONY BALCONY 0 ----------- 1/1,11 ------ ----- BALCONY BALCONY BALCONY BALCONY --- ------------------- --- � (E) DOORS TO BE (E) A/C TO Bt== REMOVED, TYP. REMOVED, TYP. FRM --3 0-91 FTm-307 BALCONY i m----------- 13p-O" 7 ------- ------- -771 r -------- -------- I ------- ------ r -------- QU r rT rr- �'7 j L tj _Z�- 00 L III III III III (E) STAIR-2 III III HALLWAY top-TI-D (E) STAIR-1 ------------ 11 --------------------- 11; III --------------------- 11; L ...... ILI - - - - - - - - - - - — 11 - - - - - - - - - - - - - - - - - - - - - - lull II II A U L L L -1 L- -1 L- �N UP J U D E Z: L L LF - - - - - - - - - - -- - - - - - - - - - 177==�777t I STORAGE --------- ------------ ----------------------- 7 ---------- STORAGE BALCONY BALCONY BALCONY BALCONY BALCONY ------------- BALCONY BALCONY 41 BALCONY BALCONY (E) VENT L--(E) GUARDRAIL TO BE REMOVED, TYP. 3RD FLOOR PLAN- DEMO S: 1/8"= 1'-0" (E) VENT LEGEND EW7771 (E) CMU WALL ■ (E) CMU WALL TO BE REMOVED AFTER (N) EXT WALLS INSTALLED (E) WD STUD WALL -------- (E) WD STUD WALL TO BE REMOVED J architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014ggmall.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE A R C/,// LEE No. C-34188 12-31-23 REN DRAWING NAME DEMO PLANS- 3RD & 4TH PROJECT NO. DATE 10/21/2022 SHEET NO. A-2.1 0 C 1� A (E) LOAD -BEARING BLOCK WALLS TO BE REMOVED AFTER INSTALLATION OF (N) BEARING WALLS AT BLDG PERIMETER S: 1 8 =1 —0 (� Q Q Q (E) BATH STUDS (E) HALLWAY STUDS TO (E) CONC SLAB FTO BE REMOVED �BE REMOVED F ROOF - <.<_— 00 fl BALCONY --------------J 1 11 1 1 1 1 11 G. ROOM II BATH I I HALLWAY I I BATH 1 1 G. OOM � BALCONY II u II II 11 1 1 II II 1 1 11 v� �I u 4TH u 11 1 1 11 1 1 1 1 11 1 1 11 n IL -------- J 1 �� CD 11 1 1 11 1 1 1 I 11 1 1 H 00 BALCONY u G. ROOM !I BATH I I 11 1 1 HALLWAY I I BATH 1 1 11 G. ROOM BALCONY fl u > u u 11 1 1 11 1 1 1 1 11 1 1 11 u n 3RD 11 1 1 1 1 11 iL --------i i i L----------------- I C-0 BALCONY al G. ROOM !I BATH I I HALLWAY I I BATH I! G. ROOM BALCONY fl 2ND------------ u u 11 1 1 11 1 1 11 1 1 1 1 11 1 1 11 1 1 11 u IL--------J I 1 1 L---------------- JI 11 1 11 1 1 1 1 11 1 1 11 � 11. � BALCONY u G. ROOM !I BATH I I 11 1 1 HALLWAY I I BATH I! 1 1 11 G. ROOM BALCONY fl n 1ST II u 11 1 1 11 1 1 1 1 11 1 1 11 u n � 1 � e (E) GUARDRAIL TO BE REMOVED architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE ARcy/TF` v MYUNG—JONG LEE No. C-34188 12-31-23 CPI REN \Q 9� F CA`�FO DRAWING NAME DEMO PLANS — ROOF PROJECT NO. DATE 10/21/2022 SHEET NO. 12 11 10 � � � 154'-8" � � � I " 14'-0" 1, 14'-0" 1, 14'-0" 1, 14'-0" 1, 14'-0" 1, 14'-0" 1, 14'-0" 1, 14'-0" 1, 14'-0" 1, 14'-0" 1, 14'-0)) MAIN (E) CMU WALL (N) CONC WALL 1 8.0 (N) CMU WALL 80 (N) 1—HR WD STUD WALL '68.0 (N) 2—HR WD STUD WALL 3'S 8.0 (N) NON —RATED WD STUD WALL 11 8.0 (N) PTAC A/C ® WINDOW SYMBOL, SEE A7.0 ® DOOR SYMBOL, SEE A7.0 <i>— WALL TYPE, SEE A8.0 LED EXIT SIGN WITH BATTERY BACK—UP, SEE #6/A0.4 LED EXIT/EMERGENCY LIGHT WITH BATTERY BACK—UP, SEE #6/A0.4 HALOGEN EMERGENCY LIGHT FE PORTABLE FIRE EXTINGUISHER so SMOKE AND FIRE ALARM co CARBON MONOXIDE ALARM GUESTROOM W/ MOBILITY FEATURES, L� ROOM # 101, 103, 105, 107 GUESTROOM W/ COMMUNICATION FEATURES, ROOM # 101, 103, 105, 106, 107, 108, 109 1. Alarms. Where emergency warning systems are provided, fire alarms shall comply with Section 11 B-702 and carbon monoxide alarms shall comply with Chapter 4. 2. Notification devices. Visible notification devices shall be provided to alert room occupants of incoming telephone calls and a door knock or bell. Notification devices shall not be connected to visible alarm signal appliances. Telephones shall have volume controls compatible with the telephone system and shall comply with Section 11 B-704.3. Telephones shall be served by an electrical outlet complying with Section 11 B-309 located within 48 inches (1219 mm) of the telephone to facilitate the use of a TTY. NOTES FIRE AND SMOKE PROTECTION 1. Provide combination smoke and fire dampers at the following locations per CBC §717.5 a. Duct penetrations of fire barriers. CBC §717.5.2 2, b. Ducts penetrating shafts. CBC §717.5.3 c. Ducts penetrating fire partitions and fire —rated corridor walls. See exception for steel ducts with no openings into corridor. CBC §717.5.4 FIRE —STOPPING SYSTEMS CPC §1404.3. a. Penetrations shall be protected by an approved penetration firestop system installed a tested in accordance with ASTM E119, ASTM E814, UL 263, or UL 1479 with a positive pressure differential of not less than 0.01 of an inch of water (0.002 kPa). b. Systems shall have an F rating of not less than 1—Hour but not less than the required fire resistance rating of the assembly being penetrated. Systems protecting floor penetrations shall have a T rating of not less than 1—Hour but not less than the required fire resistance rating of the floor being penetrated. c. Floor penetrations contained within the cavity of a wall at the location of the floor penetration do not require a T rating. No T rating shall be required for floor penetrations by piping that is not in direct contact with combustible material. BY--- Fire Prevention Engineer Date /1 / 3 t N�% N N"" e e t s **One printed set of stamped approved plans is required to be brought to the jurisdictional Fire Inspection office upon approval and 48 hours prior to any inspection requests,** COUNTY OF .. ANGELES FIRE DEPARTMENT FOR_ R1 IS Fine Prevention Engineer Date 12/05/2022 20"Subject to field inspection approval. Subject to conditions on plans. The stamping of this plan and specifications SHALL NOT be held to permit or to be an approval of the violation of any provisions of any County/City Ordinance or State Law. architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 as • dh • • ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHAti RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE 0 ARCy/TF v MYLING—JONG LEE No. C-34188 12-31-23 tP� REN \Q 9� F CA`�FO DRAWING NAME PROPOSED FLOOR PANS PROJECT NO. DATE 11 /14/2022 SHEET NO. A=2m3 LEGEND I 1.0 IMH LO 1 CN (N) VENT OPENING 10 12 y I T T T 6 5 4 3 2 1 154'-8" 14'-0"1,14'-0"1,14'-0" 1, 14'-0" 1, 14'-0" 1, 14'-0" 14'-0" 14'-0" 14'-0" 14'-0" 14'-0" / S: 1/8.,_1._0.. \' ' VV11L1\ am M (E) CMU WALL (N) CON C WALL 1 8.0 (N) CMU WALL $ 0 t (N) 1—HR WD STUD WALL '687, (N) 2—HR WD STUD WALL 3,5 8.0 (N) NON —RATED WD STUD WALL 11 8.0 yi (N) PTAC A/C 'IVWINDOW SYMBOL, SEE A7.0 ® DOOR SYMBOL, SEE A7.0 WALL TYPE, SEE A8.0 LED EXIT SIGN WITH BATTERY BACK—UP, SEE #6/AO.4 LED EXIT/EMERGENCY LIGHT WITH BATTERY BACK—UP, SEE #6/AO.4 HALOGEN EMERGENCY LIGHT ® PORTABLE mSMOKE AND FIRE ALARM mCARBON Fire Prevention 11 in r Date 10/10/2023 **One printed set of stamped approved plans is required to be brought to the jurisdictional Fire Inspection office upon approval and 48 hours prior to any inspection requests,** COUNTY OF LOS ANGELES FIRE DEPARTMENT FOR R1 (-1 J,v rLV( By — Fire Preven ion Enyineer t12/05/2022 Subject to field inspection approval. Subject to conditions on plans. The stamping of this plan and specifications SHALL NOT be held to permit or to be an approval of the violation of any provisions of any County/City Ordinance or State Lair. architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE ARcy/TF v MYUNG—JONG LEE No. C-34188 12-31-23 CPI REN \Q F CA`�FO DRAWING NAME PROPOSED FLOOR PANS PROJECT NO. DATE 11 /14/2022 SHEET NO. 0MA I Ae (N) VENT OPENING IT 11 mpg V 12 y T T T y T 5 4 3 y 1 154'-8" 14 —0 14 —0 14 —0 14 —0 14 —0 14 —0 14 —0 14 —0 14 —0 11 4TH FLOOR PROPOSED S: 1 /8"=1'-0" 12 11 10 9 8 7 6 5 4 3 2 1 154'-8" 14'4" 1, 14'4" 14'4" 14'4" 1, 14'4" 14'4" 14'4" 1, 14'—O" 14'-0" 14'-0" " 14 —0 3RD FLOOR PLAN- PROPOSED M RTAIN, G RTAIN, (E) CMU WALL 0 (N) CONC WALL 1 s. (N) CMU WALL $ o (N) 1—HR WD STUD WALL '6s 0 (N) 2—HR WD STUD WALL �3,5 s.o (N) NON —RATED WD STUD WALL s o (N) PTAC A/C WINDOW SYMBOL SEE A7.0 ® DOOR SYMBOL, SEE A7.0 <i>— WALL TYPE, SEE A8.0 LED EXIT SIGN WITH BATTERY BACK—UP, y SEE #6/A0.4 LED EXIT/EMERGENCY LIGHT WITH BATTERY BACK—UP, SEE #6/A0.4 HALOGEN EMERGENCY LIGHT FE PORTABLE FIRE EXTINGUISHER so SMOKE AND FIRE ALARM co CARBON MONOXIDE ALARM x Fire Prevention Engineer Date 10/10/2023 `C x Y x `c x x x x `C Y `f I e **One printed set of stamped approved plans is required to be I brought to the jurisdictional Fire p Inspection office upon approval and 48 hours prior to any inspection -4 requests.** COUNTY OF LOS ANGELES FIRE DEPARTMENT FOR_ R1 m File Prevention Engineer Date 12/05/2022 Subject to field inspection approval. Subject to conditions on plans. The stamping of this plan and specifications SHALL NOT be held to permit or to be an approval of the violation of any provisions of any County/City Ordinance or State Law. architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL. PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE 0 A Rc ,111" v MYLING—JONG LEE No. C-34188 12-31-23 cPP REN \Q 9� F CA`�FO DRAWING NAME PROPOSED FLOOR PANS PROJECT NO. DATE 11 /14/2022 SHEET NO. A=2m5 S: 1 /8"=1 '-0" 01 ROOF PLAN- PROPOSED I S: 1 /8"=1'-0 g (E) EXTERIOR LIGHTING ROOFING MATERIAL BUILT—UP ROOF (GAF) : ICC—ESR-1274 BASE SHEET : GAFGLAS #75 BASE SHEET PLY SHEET : GAFGLAS PLY 4 CAP SHEET : GAFGLAS, ENERGYCAP, MINERAL —SURFACED CAP SHEET —CRRC: 0676-0021 b, SRI: 92 (INITIAL), 82 (3—YR) architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE v��s�� ARCy/TF v MYUNG—JONG LEE No. C-34188 12-31-23 tP� REN \Q 9� F CA`�FO DRAWING NAME PROPOSED ROOF PLAN PROJECT NO. DATE 11 /14/2022 SHEET NO. Ia • 1.�'-n" i lu 1.�'-n" TYPE -A: DBL-FULL S: 3/8"=1'-0 _ ___ ___ ___ ___ --- . --- . a._ a._ _- _.. __. _._ _._ _._ _._ I I I I I I 36X48 I I MA I I I I I I I I I I I I I I 36X48 0 EGRESS WINDOW, SEE A7.0 A" a ` N: " 11 111: 0.111 TEL JACK 430 SF 1 1. 'C1 1 1 1 00 C14 30X48 ' II I z ' ' SEE 12/AO. 2-0 0 --i FRIDGE >< O O -C-4 � 11"'I � ��� 4'-3" Z > 00 O $ X X 00 CO OD \ € / ------ -------- 20 MIN DOOR 5'-0" 2'-6$$ SEE A7.0 7,-611 5'-1" S: 3/8"=1'-0 EGRESS WINDOW, SEE A7.0 TEL JACK I I I I I I 36X48 I I 430 SF VISIBLE ALARM FOR FIRE, SMOKE, OR -JL QUEEN CARBON MONOXIDE o i ;36X48 `--30X48-00 ` I I C C" 30X48 ; I SEE 12/AO.4 , „ e—g e 4 —3 Le lo 2 —0 _alCC r _._ __ _a. _ __ _a. ,. ® FRIDGE O -C-4 � 1\"/] �� o r z e dI Cfl $ o 00 (17 @ 00 \ Cfl ! / 1'-9' 32" CLR. IT --------- -- I 20 MIN DOOR, 5'-0" 2'-6" SEE A7.0 7'-611 5'-1" S: 3/8"=1'—O" LEGEND (N) PTAC A/C ® WINDOW SYMBOL, SEE A7.0 ® DOOR SYMBOL, SEE A7.0 so SMOKE AND FIRE ALARM co CARBON MONOXIDE ALARM GUESTROOM W/ MOBILITY FEATURES, L� ROOM #101, 103, 105, 107 GUESTROOM W/ COMMUNICATION FEATURES, ROOM # 101, 103, 105, 106, 107, 108, 109 1. Alarms. Where emergency warning systems are provided, fire alarms shall comply with Section 118-702 and carbon monoxide alarms shall comply with Chapter 4. 2. Notification devices. Visible notification devices shall be provided to alert room occupants of incoming telephone calls and a door knock or bell. Notification devices shall not be connected to visible alarm signal appliances. Telephones shall have volume controls compatible with the telephone system and shall comply with Section 11 B-704.3. Telephones shall be served by an electrical outlet complying with Section 11 B-309 located within 48 inches (1219 mm) of the telephone to facilitate the use of a TTY. architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE ARCy/TF v MYUNG—JONG LEE No. C-34188 12-31-23 CPP REN \Q F CA`�FO DRAWING NAME UNIT PLANS PROJECT NO. DATE 11 /14/2022 SHEET NO. owk 13'-0" architecture studio MA inc co I 00 CV REGRESS WINDOW, SEE A7.0 L-'---------- - E I I I I I I I I I i E i E i E i E I I I I TEL JACK OHM IX", D 430 SF I I I I I I E 36X48 ; VISIBLE ALARM FOR F FIRE, SMOKE, OR ---------� CARBON MONOXIDE 30X48 ,X� 30X48_��__ _.. z -9„4SEE 12/A0.4 4,_/10 3„ SD 2'-0" ' I CO FRIDGE 1sow 0 X� CV u 6 "B' @ ( x I CD M I C� �+ k O 9 4 4- E € ` I Ln I 1'-9" 32" CLR. 10 20 MIN DOOR, 5'-0" 2'-6" SEE A7.0 7'-6" 5-1' TYPE -A: KING-ADA-SHOWER S: 3/8"=1'—O" r�,_A„ A'-1 n' TYPE-B: DING S: 3/8"=1'—O" Il[l]NIL' I (N) PTAC A/C ® WINDOW SYMBOL, SEE A7.0 ® DOOR SYMBOL, SEE A7.0 so SMOKE AND FIRE ALARM co CARBON MONOXIDE ALARM GUESTROOM W/ MOBILITY FEATURES, L� ROOM #101, 103, 105, 107 GUESTROOM W/ COMMUNICATION FEATURES, ROOM # 101, 103, 105, 106, 107, 108, 109 1. Alarms. Where emergency warning systems are provided, fire alarms shall comply with Section 118-702 and carbon monoxide alarms shall comply with Chapter 4. 2. Notification devices. Visible notification devices shall be provided to alert room occupants of incoming telephone calls and a door knock or bell. Notification devices shall not be connected to visible alarm signal appliances. Telephones shall have volume controls compatible with the telephone system and shall comply with Section 11 B-704.3. Telephones shall be served by an electrical outlet complying with Section 11 B-309 located within 48 inches (1219 mm) of the telephone to facilitate the use of a TTY. Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALE RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE ARcl,11 v MYUNG—JONG LEE No. C-34188 12-31-23 CPI REN \Q F CA`�FO DRAWING NAME UNIT PLANS PROJECT NO. DATE 11 /14/2022 SHEET NO. A=3ml architecture studio MA inc EAST ELEVATION- EXISTING S: 1 /8"=1'-0' LEGEND 01 (N) 2X8 EXTRUDED ALUM TUBE, WOOD GGRAIN 02 (N) PAINT 0/ (E) CONC WALL 03 (N) STUCCO 0/ (E) BLOCK WALL, SMOOTH FIN ® (N) PAINT 0/ (E) 6" CONC SLAB 05 (N) STUCCO 0/ (N) CONC WALL, SMOOTH FIN © (N) FIBERGLASS WINDOW 07 (N) A/C GRILL ® (N) 1 /4" CONTROL JOINT 09 (N) SIGNAGE (SEPARATE PERMITS) 10 (N) METAL DOOR 12 10 9 8 7 6 5 4 3 2 1 11 (N) ALUMINUM STOREFRONT DOOR & WINDOW p 12 (N) COMPOSITE PANELS, MIXED COLORS 1 2 3 4 5 6 g 9 13 (N) STEEL FRAMED CANOPY, PAINTED 14 (N) 8X8 STEEL POST, PAINTED T.0 PARAPET . Aww Aww Aww Aww ... Aww Aww 15 (N) STUCCO 0/ (E) BRICK WALL, SMOOTH FIN. 1 T.O.ROOF 16 (N) 3/4" CONTROL JOINT EAST ELEVATION- Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE 0 ARCy/TF v MYUNG—JONG LEE No. C-34188 12-31-23 tP� REN \Q 9� F CA`�FO DRAWING NAME FRONT ELEVATIONS - EXISTING & PROPOSED PROJECT NO. DATE 11 /14/2022 SHEET NO. t 9 architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT QOCUMENTS INCLUDING THE QRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPAIRER BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHAti RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL. PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE 0 ARCy/TF v MYUNG—JONG LEE No. C-34188 12-31-23 tP� REN \Q 9� F CA`�FO DRAWING NAME REAR ELEVATIONS - EXISTING & PROPOSED PROJECT NO. DATE 11 /14/2022 SHEET NO. architecture studio MA inc Q Q Q Q SOUTH ELEVATION- EXISTING S: 1 /8"=1 '-0" Q Q Q Q NORTH ELEVATION- S: EXISTING 1 /8"=1 r—On LEGEND ❑1 (N) 2X8 EXTRUDED ALUM TUBE, WOOD GGRAIN ❑2 (N) PAINT 0/ (E) CONIC WALL ❑3 (N) STUCCO 0/ (E) BLOCK WALL, SMOOTH FIN ® (N) PAINT 0/ (E) 6" CONC SLAB Q5 (N) STUCCO 0/ (N) CONIC WALL, SMOOTH FIN © (N) FIBERGLASS WINDOW 07 (N) A/C GRILL ® (N) 1 /4" CONTROL JOINT 09 (N) SIGNAGE (SEPARATE PERMITS) 10 (N) METAL DOOR D C B A A B C D 11 (N) 12 (N) ALUMINUM STOREFRONT DOOR & WINDOW COMPOSITE PANELS, MIXED COLORS 13 (N) STEEL FRAMED CANOPY, PAINTED 6 15 g 14 (N) 8X8 STEEL POST, PAINTED 15 (N) STUCCO 0/ (E) BRICK WALL, SMOOTH FIN. T.O.PARAPET _ _ T.O.PARAPET� _ _ _ _ __ 16 (N) 3/4" CONTROL JOINT z x 11 s LLJ z Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALE RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE ARcl,11 v MYUNG—JONG LEE No. C-34188 12-31-23 cPP REN \Q 9� F CA`�FO DRAWING NAME SIDE ELEVATIONS - EXISTING & PROPOSED PROJECT NO. DATE 11 /14/2022 SHEET NO. S: 1 /8"=1 '-0" 50484 /• ® m Q Q Q SECTION- A i T (N) WD STUDS-\ (N)R21 G. ROOM BATH (N)R21 G. ROOM BATH (N)R21 co G. ROOM i � BATH 00 (N)R21 ` G. ROOM BATH SECTION- C (N)BUILT—UP ROOFIN(�D W/ R19 RIGID FOAM INSULATION T n DADADCT (N) BUILT-UP W/ R19 RIGID ROOFING FOAM D Q T 1-HR CORRIDOR INSULATION (N) LAMINATE TILE 0/ (E) CONC SLAB T.O.PARAPET , _ Do nT.O.ROOFN (N)R217 BATH G. ROOM � -Do - 4TH _ �o (N)R21; BATH G. ROOM 00 3RD d- (N)R21 ; CD co BATH i G. ROOM °, 00 2ND (N)R21 , BATH G. ROOM -Do - 1ST a 7, ,,: (N) CONC WALL (N) WD STUDS-\ A I (N)R6 4 � G. ROOM BATH �/(N)R6 G. ROOM BATH -(N) ROOF W/ R-38 INSULATION 77 : I (N)R6 00 G. ROOM i BATH � °Lt;BY'�� CEPTIO BATH 77, (N) BUILT-UP ROOFING D W/ R19 RIGID FOAM Q i INSULATION LAMINATE TILE 1-HR CORRIDOR (N) 0/ (E) CONC SLAB T.O.PARAPEI , fiT.O.ROOFN_ 1, CN (N)R6 Q0 BATH G. ROOM =I00 4TH (N)R6 BATH G. ROOM �' � 1 3RD i (N)R6 BATH i G. ROOM ° 00 2ND _ (N)R6 BATH ' G. ROOM00 '= 1ST 77 (N) CONC SLAB �-(E) CONC SLAB SECTION- B 9 kiv/ vvivv .au-%U /17-\ Dnnc IJATOU 1 tS I `—(E) CONC SLAB SECTION- D S: 1 /8"=1'-0 (N) BUILT-UP ROOFING W/ R19 RIGID FOAM INSULATION IN) LAMINATE TILE / (F) CONC SLAB 12 11 10 (E) PARAPET, TYP (N) BUILT-UP ROOFING (N) FURRING WALL KITCHEN HOOD (N) LAMINATE TILE T.O.PARAPET W/ R19 RIGID FOAM 0/ (E) BLOCK WALL VENT SOFFIT 0/ (E) CONC SLAB INSULATION T.O.ROOF (N)R6 f r ', CO (N) EMPLOYEE G. ROOM G. ROOM G. ROOM G. ROOM G. ROOM G. ROOM G. ROOM r G. ROOM G. ROOM STORAGE °° W ROOM Fr { 4THHI H (N)R6 co (N) FITNESS G. ROOM G. ROOM e G. ROOM G. ROOM G. ROOM G. ROOM G. ROOM G. ROOM G. ROOM STORAGE 00 f i 3RD HIfI f Hi (N)R6 i (N) G. ROOM f G. ROOM G. ROOM i G. ROOM G. ROOM G. ROOM G. ROOM G. ROOM G. ROOM G. ROOM STORAGE Do . 2ND (N)R6 vi (N) G. ROOM G. ROOM G. ROOM G. ROOM G. ROOM . G. ROOM G. ROOM G. ROOM G. ROOM G. ROOM (E) MACH 00 ROOM 1ST �—(E) CONC SLAB SECTION- E S: 1 /9"=1 '-0 S:1 /8"=1'— Le� architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESE D RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE 0lNNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE 0 ARCy/TF v MYUNG—JONG LEE No. C-34188 12-31-23 cPP REN \Q F CA`�FO DRAWING NAME SECTIONS - EXISTING & PROPOSED PROJECT NO. DATE 11 /14/2022 SHEET NO. A=5mO architecture studio MA inc 1) "D (C� CTAID 1 (Cl DnnC UATOU n I I n / I-\ (--F A I n '7 h 8 5-0" I ----- 2" WIDE VISUALLY CONTRASTING ------ I STRIPES AT TOP & BTM OF TREAD I I — 2 Y 2 IC 7'-8» 7'-8» �-8„ - ALA NNDIN �� ,y LG �ruG LIII r ` ` 4 1 OCC: 24 7,-8„ 0 0 o z �•• o Co I o p I r ' ^ UPST DPI i ,. DPI ; ------ fff °e i nP177 s >< \ !-------- I / 6 W V w - - wLN _ I I (N)42" HT (N)42" HT (N)42" HT " `n � GUARDRAIL GUARDRAIL GUARDRAIL ' I ^In GUARDRAIL . / (N)36" HT ; ; Y° (N)36" HT _ (N)36" HT (N)36" HT LHANDRAIL ' ,'' , , HANDRAIL C Xv HANDRAIL ; C , HANDRAIL , o _ x o - I IL= I - ; I o o r N N I I7 I I » I r » I 3'—Q» > » r » e » » t 3 -8 13 _8 I U 3'-8" 3 -8 3 -8s 3 -8 3 -8 Ile I� I - IFT 4 a 4 ')" %A/II1C %/ICI IAI I V r(YKITDACTIKIr CI ITIC 1 I 13' 4" I o z CD LO — OCC: 23 N V I C zv �o D P , co Xr-------- I L--------- _ C"I (N)42" HT '---- ---- GU RDRAIL IH (N)36" HT w 7h HANDRAIL o I CV Fr� d 3'-8» , , 3,_8» 11111HEIIIII01 we 0 CONIC LANDING 2-NR EXISTING STAIR- 1 S: 1 /4"=1 '-0 (E) ROOF —�� J' U —1,, U HATCH ABOVE (E) STAND PIPE�� (E) STAND PIPE (E) STAND WIPES (E) STAND - , -- :1--- -- - -- O O------- -1 O ---- 4TN FLOOR 3RD FLOOR 2ND FLOOR 1 ST FLOOR 2-NR EXISTING STAIR- 2 S: 1 /4"=1 '-0 Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE s,�-g ARCy/TF v MYUNG—JONG LEE No. C-34188 12-31-23 tP� REN \Q 9� F CA`�FO DRAWING NAME EXISTING STAIRS PROJECT NO. DATE 11 /14/2022 SHEET NO. A=6mO architecture studio MA inc 11 11 1, WALL SMOKE CURTAIN, —MANUFACTURE: SMOKE GUARD —LISTING: ESR-1136 \ `' `4� / / d� Fire Prevention Engineer Date 10/10/2023 COUNTY OF LOS ANGELES FIRE DEPARTMENT APPROVED . . . . ........ 2-NR NEW ELEVATOR & SHAFT S: 1 /4"=V-0" Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE v��s�� ARCy/TF v MYLING—JONG LEE No. C-34188 12-31-23 tP� REN \Q 9� F CA`�FO DRAWING NAME NEW ELEVATOR PROJECT NO. DATE 11 /14/2022 SHEET NO. WINDOW SCHEDULE : 0.30 DOOR SCHEDULE SU-FAR HGCCT0.23 FRAME FRAME SIZE FRAME DOOR NO TYPE LOCATION WIDTH HEIGHT GLAZING REMARKS NO TYPE LOCATION FIRE RATE REMARKS MATERIAL COLOR WIDTH HEIGHT THICK MAT FIN MAT FIN 1T SLIDING GUEST ROOM 6'-0" 4'-0" DUAL - LOW E FIBERGLASS WHITE EGRESS WINDOW OA STOREFRONT SEE A-7.1 STOREFRONT SCHEDULE �2 FIXED HALLWAY 6'-6" 5'-0" DUAL - LOW E FIBERGLASS WHITE W © SWING EXIT AT GROUND 3'-0" 7'-0" 1-3/4" N.M. PAINT H.M. PAINT 90 MIN LU © SWING PUMP ROOM 3'-0" 7'-0" 1-3/4" N.M. PAINT H.M. PAINT W/ LOUVER W © SWING GUEST RM ENT 3'-0" 7'-0" 1-3/4" N.M. PAINT WOOD S.C. PAINT 20 MIN Kaba/llco 790 / RT lock system SWING GUEST RM BATH 3'-0" 7'-0" 1-3/4" N.M. PAINT WOOD S.C. PAINT W SWING STAIR 3'-0" 7'-0" 1-3/4" N.M. PAINT H.M. PAINT 90 MIN z SWING HALLWAY 3'-0" 7'-0" 1-3/4" N.M. PAINT H.M. PAINT 90 MIN 6'-0" 6'-8" co z (=' ------------------------------- r_0 E . k 1O OO DOOR NOTES EMERGENCY ESCAPE AND RESCUE (CBC) 1. Swinging door and gate surfaces within 10-inches of the finish floor or ground measured vertically shall have a smooth surface on the push side extending the full width of the door or gate. Parts 1030.1.1 Operational Constraints and Opening Control Devices creating horizontal or vertical joints in these surfaces shall be within 1/16 inch of the same plane as Emergency escape and rescue openings and any exit doors shall be the other and be free of sharp or abrasive edges. Cavities created by added kick maintained free of any obstructions other than those allowed by this plates shall be capped. CBC§118-404.2.10 section and shall be operational from inside the room without the use of keys or tools. Window -opening control devices complying with ASTM 2. The force for pushing or pulling open a door or gate shall be as follows: CBC§11B-404.2.9 F2090 shall be permitted for use on windows serving as a required 1) Interior and exterior hinged doors and gates, sliding, or folding doors: 5-pounds maximum. emergency escape and rescue opening. The release mechanism shall be 2) Required fire doors: the minimum opening force allowable by the appropriate administrative maintained operable at all times. authority, not to exceed 15 pounds. Such bars, grills, grates or any similar devices shall be equipped with an approved exterior release device for use by the fire department only 3. Door closers and gate closers shall be adjusted so that from an open position of 90 degrees, the when required by the authority having jurisdiction. time required to move the door to a position of 12 degrees from the latch is 5 seconds minimum. Where security bars (burglar bars) are installed on emergency egress CBC §11 B-404.2.8.1 and rescue windows or doors, on or after July 1, 2000, such devices 4. Latching and locking doors that are hand activated and which are in a path of travel shall be shall comply with California Building Standards Code, Part 12, Chapter operable with a single effort by lever type hardware, by panic bars, push-pull activating bars, or 12-3 and other applicable provisions of Part 2. other hardware designed to provide passage without requiring the ability to grasp the opening hardware. CBC §11 B-309.4. Emergency escape and rescue openings shall have a minimum net clear Minimum Size Emerg 5. Hand -activated door opening hardware shall be 34" minimum and 44" maximum above the finish opening of 5.7 square feet (0.53 m2). floor or ground. Where sliding doors are in the fully open position, operating hardware shall be exposed and usable from both sides. CBC§11 B-404.2.7. 1030.2.1 Minimum Dimensions The minimum net clear opening height dimension shall be 24 inches (610 mm). The minimum net clear opening width dimension shall be 20 inches (508 mm). The net clear opening dimensions shall be the result of normal operation of the opening. 1030.3 Maximum Height From Floor Emergency escape and rescue openings shall have the bottom of the clear opening not greater than 44 inches (1118 mm) measured from the floor. REVISED Fire Prevention Engineer Date 10/10/2023 COUNTY F LOS ANGELE FIRE DEPARTMENT FIRE PREVENTION ENGINEERING APIPROVIED Fire Prevention Engineer Date 12/0 /2022 SECURITY REQUIREMENTS 1. All entry doors to dwelling units or guest rooms shall be arranged so that the occupant has a view of the area 10. Sliding glass doors shall be equipped with locking devices and shall be so constructed and installed that they immediately outside the door without opening the door. Such view may be provided by a door viewer, through remain intact and engaged when subjected to the tests specified in Sec. 6717.1 windows located in the vicinity of the door or through view ports in the door or adjoining wall. (6706) 11. Metal or wooden overhead and sliding doors shall be secured with a cylinder lock, padlock with a min. 9/32" 2. Screens, barricades, or fences made of a material which would preclude human climbing shall be provided at diameter hardened steel shackle bolted, hardened steel hasps, metal slide board, bolt or equivalent device unless every portion of every roof, balcony, or similar surface which is within 8 ft. of the utility pole or access structures. secured electrically operated. (6711) (6707) 12. Provide metal guides at top and bottom of metal accordion grate or grille -type doors and cylinder locks or 3. Wood flush -type doors shall be 1 3/8" thick minimum with solid core construction. (6709.1) Door stops of padlocks. Cylinder guards shall be installed on all cylinder locks whenever the cylinder projects beyond the face of in -swinging doors shall be of one-piece construction with the jamb, or joined by rabbet to the jamb. (6709.4) the door or is otherwise accessible to gripping tools. (6712) 4. Every door in a security opening for an apartment house shall be provided with incandescent light bulb (60 watt 13. In Group B, F, M, and S occupancies, panes of glazing with at least one dimension greater than 6 in. but less min) at a maximum height of 8 feet on the exterior side of the unit. (6708) than 48 in, shall be constructed of tempered or approved burglary -resistant material or protected with metal bars 5. All pin -type door hinges accessible from outside shall have non -removable hinge pins. Hinges shall have min. or grilles. (6714) 1/4" dia. steel jamb stud with 1/4" min. protection. The strike plate for latches and holding device for projecting 14. Glazed openings within 40" of the door lock when the door is in the closed and locked position, shall be fully dead bolts in wood construction shall be secured to the jamb and the wall framing with screws no less than tempered glass or approved burglary -resistant material, or shall be protected by metal bars, screens or grilles 2-1/2" long. (6709.5, 6709.7) having a maximum opening of 2". The provisions of this section shall not apply to view ports or windows which do 6. Provide dead bolts with hardened inserts; deadlocking latch with key -operated locks on exterior. Doors must be not exceed 2" in their greatest dimensions. (6713) operable from the inside without a key, special knowledge, or special effort (latch not required in B, F, M and S 15. Louvered windows shall be protected by metal bars or grilles with openings that have at least one dimension of occupancies). (6709.2) 6" or less, which are constructed to preclude human entry. (6715.3) 7. Straight dead bolts shall have a min. throw of 1" and an embedment of not less than 5/8", and a hook -shaped 16. Other openable windows shall be provided with substantial locking devices. In Group B, F, M and S occupancies, or an expanding -lug deadbolt shall have a minimum throw of 3/4". (6709.2) such devices shall be glide bars, bolts, cross -bars, and/or padlocks with minimum 9/32" hardened steel shackles 8. Wood panel type doors must have panels at least 9/16 inch thick with shaped portions of the panels not less and bolted, hardened steel hasps. (6715.2) than 1/4 inch thick, and individual panels must be no more than 300 sq. in. in area. Mullions shall be considered a 17. Sliding windows shall be provided with locking device in the upper channel of the moving panel to prohibit raising part of adjacent panels except mullions not over 18 inches long may have an overall width of not less than 2 and removal of the moving panel in the closed or partially open position. (6715.1) inches. Stiles and rails shall be of solid lumber in thickness with overall dimensions of not less than 1 3/8 inches 18. Sliding windows shall be equipped with locking devices and shall be so constructed and installed that they remain and 3 inches in width. (6709.1 item 2) intact and engaged when subjected to the tests specified in Sec. 6717.2. 9. Sliding glass doors shall be provided with a device in the upper channel of the moving panel to prohibit raising 19. Any release for metal bars, grilles, grates or similar devices constructed to preclude human entry that are and removal of the moving panel from the track while in the closed position. (6710) installed shall be located on the inside of the adjacent room and at least 24 inches from the closest opening through such metal bars, grilles, grates or similar devices that exceeds two inches in any dimension. (6715.4) 20 All other openings must be protected by metal bars or grilles with openings of not less than 6 inches in one dimension. (6716) architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE v��s�� ARCy/TF v MYLING-JONG LEE No. C-34188 12-31-23 tP� REN \Q 9� F CA`�FO DRAWING NAME DOOR / WINDOW SCHEDULE PROJECT NO. DATE 11 /14/2022 SHEET NO. INTERIOR FINISH SCHEDULE STOREFRONT SCHEDULE ROOM NAME FLOOR WALL CEILING REMARKS NO LOCATION WIDTH HEIGHT GLAZING FRAME MATERIAL FRAME COLOR REMARKS MATERIAL MOULDING MATERIAL FINISH MATERIAL FINISH GUESTROOM LAMINATE TILE MDF GYP BD PAINT EX. CONC PAINT SEE A3.0, A3.1 OA LOBBY 27'-4" 9'-0" DUAL — LOW E TEMPERED ALUMINUM DARK BRONZE EMERGENCY BREAKOUT AUTOMATIC SLIDING DOOR GUEST BATH LAMINATE TILE MDF GYP BD PAINT —GLOSSY GYP BD PAINT —GLOSSY SEE A3.0, A3.1 LOBBY / RECEPTION LAMINATE TILE MDF GYP BD PAINT GYP BD PAINT Oq 7'-2" 6'-0" 27'-4" o 14'-2" ol 10 01 RESTROOM AT LOBBY LAMINATE TILE MDF GYP BD PAINT —GLOSSY GYP BD PAINT —GLOSSY HALLWAY LAMINATE TILE MDF GYP BD PAINT GYP BD PAINT EX. STAIR-1 EX. CONC — EX. BLOCK PAINT EX. CONC PAINT EX. STAIR-2 EX. CONC — EX. BLOCK PAINT EX. CONC PAINT STORAGE-1 EX. CONC - EX. BLOCK PAINT EX. CONC PAINT BOILER ROOM EX. CONC - EX. BLOCK PAINT EX. CONC PAINT LOW VOLTAGE / MACH RM EX. CONC - EX. BLOCK PAINT EX. CONC PAINT STORAGE-2 EX. CONC - EX. BLOCK PAINT EX. CONC PAINT TRASH ROOM-1 CERAMIC TILE CERAMIC TILE EX. BLOCK PAINT EX. CONC PAINT GUEST LAUNDRY-1 CERAMIC TILE CERAMIC TILE EX. BLOCK PAINT EX. CONC PAINT EMPLOYEE ROOM LAMINATE TILE MDF GYP BD PAINT EX. CONC PAINT EMPLOYEE ROOM BATH LAMINATE TILE MDF GYP BD PAINT -GLOSSY GYP BD PAINT -GLOSSY STORAGE-3 EX. CONC - EX. BLOCK PAINT EX. CONC PAINT TRASH ROOM-2 CERAMIC TILE CERAMIC TILE EX. BLOCK PAINT EX. CONC PAINT GUEST LAUNDRY-2 CERAMIC TILE CERAMIC TILE EX. BLOCK PAINT EX. CONC PAINT FITNESS LAMINATE TILE MDF GYP BD PAINT EX. CONC PAINT FITNESS BATH LAMINATE TILE MDF GYP BD PAINT -GLOSSY GYP BD PAINT -GLOSSY STORAGE-4 EX. CONC - EX. BLOCK PAINT EX. CONC PAINT TRASH ROOM-3 CERAMIC TILE CERAMIC TILE EX. BLOCK PAINT EX. CONC PAINT GUEST LAUNDRY-3 CERAMIC TILE CERAMIC TILE EX. BLOCK PAINT EX. CONC PAINT architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALL RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE 0 ARCy/TF v MYUNG—JONG LEE No. C-34188 12-31-23 cPP REN \Q 9� F CA`�FO DRAWING NAME STOREFRONT / FINISH SCHEDULE PROJECT NO. DATE 11 /14/2022 SHEET NO. A=7ml a ° Al AAl ° A° (E) CONC SLAB x x 'X' (N) TYPE 'X' GYP. BD EXTERIOR ol (N) TYPE GYP. BD (N) TYPE 'X' GYP. BD a L(N) 1—LAYER OF (N) 1—LAYER OF L(N) 1—LAYER OF ° a EXTERIOR GYP. BD TYPE 'X' GYP. BD TYPE 'X' GYP. BD (N) BLOCK WALL GBESTROOM� (N) CONC WALL, (N) WOOD STUD (N) WOOD STUDS a SEE —PLAN (N) WOOD STUDS 3y» W INSULATION / (N) EXTERIOR (N) TYPE 'X' GYP. BD a (N) EXTERIOR (N) 1—LAYER OF (N) 1—LAYER OF STUCCO a STUCCO GUESTROOM (N) GYP. BD TYPE X GYP. BD TYPE X GYP. BD BOILER (N) 2X FURRING a f STRIP { a (E) BLOCK WALL GUESTBATH GUESTBATH 1—HR CORRIDOR (N) R-6 INSULATION BEYOND C (N) CORK —BACKED (N) CORK —BACKED (N) CORK —BACKED � .. � (N) CORK —BACKED (N) CORK —BACKED — VINYL PLANK VINYL PLANK VINYL PLANK ° VINYL PLANK VINYL PLANK ° (E) CONC SLAB 0/ MOISTURE BARRIER 0/ MOISTURE BARRIER 0/ MOISTURE BARRIER 0/ MOISTURE BARRIER (N) CONC SLAB 0/ MOISTURE BARRIER ° .r ° a A < ° a ° � A � a (E) GRADE ° ° 'aa a ° /, °a ° ° a a ° a a ° 4 a ° 10 NON -RATED PARTITION N.T.S. PLUMBING PARTITION (1-HR) N.T.S. 4 EXT BLOCK WALL (2-HR N.T.S. 1 EXT CONC WALL (BEARING, 2-HR) N.T.S. Al <- ° a S v ° v � a ° ° a a a (E) CONC SLAB a a a a ° a a a a a a a a x x x __T7_ �a (E) CONC SLAB x (N) TYPE 'X' GYP. BD (E) CONC SLAB -..__-... (N) TYPE 'X' GYP. BD-1 L(N) (N) CONC LINTEL 1—LAYER OF EX. STAIR I GUESTROOM I IGUESTROOM GUESTR000 TYPE 'X' GYP. BD (N) WOOD STUDS (E) BLOCK WALL —(N) TYPE 'X' GYP. BD (N) TYPE 'X' GYP. BD (E) BLOCK WALL W/ INSULATION M GUESTROOM EXTERIOR (N) 2X FURRING (N) 2X FURRINGx 2_HR (N) 2—LAYERS OF 'X' STRIP STRIP '-,.._e- TYPE GYP. BD EX. STAIR 1—HR CORRIDOR E e (N) CORK —BACKED—° (N) CORK —BACKED L VINYL PLANK (E) CONC SLAB VINYL PLANK (N) CORK—BACKED- (E) CONC SLAB 0/ 0/ MOISTURE BARRIER MOISTURE BARRIER VINYL PLANK 7777 E CONC SLAB ill t 0/ MOISTURE BARRIER °a ° ° a a a ° ° ° a a a °° ° ° a A aa ° ° ° °� 11 EX. STAIRCASE WALL (2-HR) N.T.S. 8 EX. DEMISING WALL W/(N) FURRING (1—HR) N.T.S. 5 INT PARTITION AT EXIT STAIR (2-HR) N.T.S. 2 EXT WD STUD WALL (NON -BEARING, 1-HR) N.T.S. a A a° a a ° a za 7� a (N) TYPE 'X' GYP. BD (N) TYPE 'X' GYP. BD EXTERIOR t , L(N) 1—LAYER OF (N), 2—LAYERS, --- (N) 2X6 FIRE TREATED TYPE 'X' GYP. BD 5/8 TYPE X GYP. BD WOOD STUDS (N) WOOD STUD (N) WOOD STUDS W/ R21 INSULATION W/ INSULATION (N) WOOD STUDS %� (N) PLYWOOD (N) 1—LAYER OF „ 3� (N) 1—LAYER OF W/ INSULATION 5/8" FIBERGLASS MAT TYPE X GYP. BD x: TYPE 'X' GYP. BD (N) 1—LAYERS OF GYP. SHEATHING TYPE 'X' GYP. BD LOBBY .: GUESTROOM °-- (N) COMPOSITE IGUESTR [GUESTROOM]1—HR CORRIDOR = PANELS W/ ALUM HAT CHANNEL ..r (N) CORK —BACKED (N) CORK —BACKED (N) CORK —BACKED (N) CORK —BACKED (N) CORK —BACKED — VINYL PLANK VINYL PLANK VINYL PLANK VINYL PLANK VINYL PLANK 0/ MOISTURE BARRIER 0/ MOISTURE BARRIER 0/ MOISTURE BARRIER 0/ MOISTURE BARRIER 0/ MOISTURE BARRIER � 0/ (N) CONC SLAB ° a ° ° a ° (E) GRADE s a ° a ° ° ° ° a a ° a A 9 NEW DEMISING WALL (1-HR) N.T.S. 6 INT PARTITION (1-HR) N.T.S. 3 EXT WD STUD WALE (BEARING, 2-HR) N.T.S. architecture studio MA inc Architecture I Interior I Planning 1808 Borrego Drive West Covina, CA 91791 studioMA2014@gmail.com t) 213.422.6976 ISSUED / REVISED DATE NO. REMARK THE PROJECT DOCUMENTS INCLUDING THE DRAWINGS, SPECIFICATIONS AND OTHER MATERIALS HAVE BEEN PREPARED BY THE ARCHITECTS AS INSTRUMENTS OF THEIR PROFESSIONAL SERVICE FOR USE SOLELY WITH RESPECT TO THIS PROJECT. THE ARCHITECT SHALL BE DEEMED THE AUTHOR AND SHALE RETAIN ALL COMMON LAW, STATUTORY AND OTHER RESERVED RIGHTS, INCLUDING THE COPYRIGHT FOR USE. THE OWNER SHALL BE PERMITTED TO RETAIN RECORD COPIES OF PROJECT DOCUMENTS FOR INFORMATIONAL PURPOSES AND FOR USE IN CONNECTION WITH THE CONSTRUCTION AND OCCUPANCY OF THIS PROJECT. THESE DOCUMENTS SHALL NOT BE USED BY THE OWNER OR OTHERS FOR OTHER PROJECTS, FOR ADDITIONS TO THIS PROJECT, OR FOR THE COMPLETION OF THIS PROJECT BY OTHERS, EXCEPT BY WRITTEN AGREEMENT AND WITH COMPENSATION TO THE ARCHITECT. SEAL / SIGNATURE s,�_g ARCy/TF v MYUNG—JONG LEE No. C-34188 12-31-23 N� REN \Q F CA`�FO DRAWING NAME WALL TYPES PROJECT NO. DATE 1 /11 /2023 SHEET NO. K It ITEM NO. 19 Paz TO: THE,, t FROM: SAKI GABRIEL e PREPARED BY: �AM") ` DATE: SUBJECT: Honorable Mayor and Members of the City Council Robert Lopez, Chief of Police Sam Gutierrez, Director of Public Works Anthony Vazquez, Public Works Manager December 6, 2023 Authorize the Addition of Three (3) Patrol Vehicles to the City's Vehicle Lease Program SUMMARY This item seeks City Council authorization for the addition of three (3) Dodge Chargers to the City's Leasing program including the required after -market upgrades. These vehicles will replace three (3) existing vehicles with similar features currently in use. The Leased vehicles will be assigned to the Patrol Division of the Baldwin Park Police Department. The displaced vehicles will then be sold at auction and the proceeds of the sale will be applied to the Leasing Program for procurement of future Police Department vehicles. RECOMMENDATION It is recommended that the City Council: 1. Authorize the addition of three (3) new police vehicles to the City's Lease Program; and, 2. Authorize the Finance Director to appropriate FY 2023/24 budgeted funds for CIP No. 24-029- 15727/59003 in the amount of $96,000 from Acct. #402-50-591-58140-15727 and #402-50-591-58110- 59003; and, 3. Authorize the Director of Public Works to add three (3) vehicles to the lease program and process the necessary documents. FISCAL IMPACT This item will have no impact on the General Fund. The funds for this project were programmed in the FY 2023/24 Capital. Improvement Program (CIP) Budget, approved by the City Council on November 1, 2023. The following table lists the funds available for the project: CIP No. 24-029-15727/ 900 — Three (3) Patrol Vehicles and Police Lighting Equipped Amount FY23-24 F'Y24-2 F'Y24-25 I FY24-25 FY'24-25 1 Acct#402.50.591.58140.15727: Initial Lease cost of $12,000 per vehicle Recurring lease costs to be programmed in the Police Department Operations Budget $36,000.00 2. Acct# 402.50.591.58110.59003: One-time after -market equipment costs for three 3 vehicles $60,000.00 Total Approved Amount for CIP24-029-15727/59003 $96,000.00 BACKGROUND The Police Department fleet is comprised of over 70 vehicles and other operational equipment. Out of the 70 vehicles, 22 vehicles are assigned for patrol operations. These patrol vehicles see the heaviest use, operating round the clock throughout the day over various shifts. Due to this, Police patrol vehicles need to be replaced regularly to ensure the continued efficiency, safety, and effectiveness of the Police Department operations. While the City has made great strides in replacing vehicles through the City's Lease Program, there is still a backlog of older Police patrol vehicles that are in dire need of replacement. These older vehicles generally require more frequent and expensive maintenance. Page 1 / 2 DISCUSSION During the annual assessment and evaluation of vehicles, the Public Works Fleet Division has identified a minimum of 12 Police patrol vehicles either at or approaching the 100,000-mile mark, placing them past their optimal replacement cycle. Since these vehicles are considered mission -critical and crucial for public safety, it is a best practice to consistently replace them to ensure the operational efficiency of the Police Department. Regular replacement also offers long-term cost savings, as newer models are generally more fuel -efficient and have lower maintenance requirements. The maintenance and repair costs associated with high -mileage police patrol vehicles in the fleet often surpass the costs of replacement. The longer these vehicles remain in service, the greater the risk of them becoming unreliable, potentially compromising public safety. Approving this action would enable the Police Department to sustain their duties safely and efficiently while mitigating the impact on the Public Works Fleet Division in terms of continuous maintenance and costly repairs. ALTERNATIVES The City Council may choose not to approve this item and direct staff with a desired alternative. CEQA REVIEW Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters, it has been determined that the action does not constitute a "project" under CEQA. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Requisition for Enterprise for the Lease of these three (3) vehicles and aftermarket purchase 2. Copy of the City Council Approved CIP FY23-24 Page 2 / 2 Date: 11.16.2023 Requisition #: Date Required: Annual Purchase Order FY 2023/24 CITY OF BALDWIN PARK PURCHASE REQUISITION Vendor: Enterprise FM Trust Address: Phone #: P.O. Box 800089 Kansas City, MO 64180 Fax # P.O. #: Vendor #: Order Date: Item Qty Unit Catalog/Item No./Description Account No. Unit Price Total Amount Purchase requisition for the addition of three (3) Dodge Chargers for the Police Department's Patrol Division. Vehicles are vital piecesof equipment necessary for patrol officers to perform 402.50.591.58140.15727 36,000.00 their jobs safely. Current vehicles have exceeded their recommended life cycle and deemed 402.50.591.58110.59003 60,000.00 unsafe. The displaced vehicles will be auctioned, with proceeds of the sale to be applied to future leasesin the coming years. *All new aftermarket equipment will be purchased with the leasing of the new vehicles ** City Council approved funding for the lease of these vehicle in the CIP budget FY23-24 Subtotal: 96,000.00 Tax: Shipping: Total: 96,000.00 Please provide justification for purchase below: City Council approved the Leasing Program on May 16, 2018. City participate in The Interlocal Purchase System (TIPS). The City will continue to evaluate which vehicles are in dire need for replacement and prioritize replacement based on Department needs. Are you using federal funds for this purchase Yes No X If yes, please attach proof that the vendor is in good standing and free of suspension and debarment on SAM. ov. Purchases of $5,000 or more require three quotes. Please provide the information requested below. Justification required for Sole Source. Method: Vendors: Phone # or Web Address: Contact Person or Email: Quotes: Telephone Email ENTERPRISE - Contract Vendor Internet Other (Please provide explanation): Citywide Vehicle Leasing Program - Three (3) year Contract with three (1 year) options Name of employee who obtained / received quotes: Anthony Vazquez Revised 8-15-2023 Division Head Approval: Department Head Approval: ($10,001.00 - $24,999.99 Requires CEO Approval) CEO Approval: Over $24,999.99 Requires City Council Approval) City of Baldwin Park Adopted Capital Improvement Projects (CIP) Funding Schedule by Department Fiscal Year 2023-24 CIP to Fiscal Year 2027-28 CIP # / Dept Project / Item Description Funding Sources General Ledger Expenditure Account Account Name FY23.24 Adopted CIP Totals Future Funding Schedule (Proposed) Fund Description FY24-25 Proposed CIP FY25-26 Proposed CIP FY26-27 Proposed CIP FY27-28 Proposed CIP Administration: CIP22-001 Microsoft 365 and Exchange Migration EA License 275 ARPA - American Rescue Plan Act (Broadband: Other Projects) 275-10-764-58105-51001 Software Purchase / Conversion 51,000.00' CIP22-002 Citwide Phone system upgrade / 275 ARPA - American Rescue Plan Act (Broadband: Other Projects) 275-10-764-58110-51002 Equipment Purchase 35,866.82 CIP22-005 Upgrade Internet Bandwith 275 ARPA - American Rescue Plan Act (Broadband: Other Projects 275-10-764-58100-51005 Contract Services 132,064.83' 275 ARPA - American Rescue Plan Act (Broadband: Other Projects) 275-10-764-58105-51005 Software Purchase / Conversion 14,000.00 Total 146,064.83 CIP22-006 Website Upgrades 275 ARPA - American Rescue Plan Act (Broadband: Other Projects) 275-10-764-58100-51006 Contract Services 250,000.00 CIP22-007 Cyber Security System and Software subscription 275 ARPA - American Rescue Plan Act (Broadband: Other Projects) 275-10-764-58105-51007 Software Purchase / Conversion 50,040.00 CIP23-001 Agenda Management Software-PrimeGov (Approved by Council 4-6-22 275 ARPA - American Rescue Plan Act (Revenue Replacement) 275-10-765-58105-51008 Software Purchase / Conversion $4,759.45' CIP24-002-51009 IT Upgrades for Recreation Facilities (Dell PowerStor SSD, Meraki WiFi Access Points, IT Workstations and laptops, UPS and Netgear ObiGuest WiFi)(Broadband 275 ARPA - American Rescue Plan Act "Last Mile" Projects) 275-10-763-58110-51009 Equipment Purchase 85,000.00 Administration Totals 702 731.10 $ $ $ $ Community Development: CIP24-053-59000 Buy -Out End of Lease Vehicles - 2 Building, 1 Code, and 1 Housing 402 Fleet Services- Building 402-40-450-58110-59000 Equipment Purchase 14,000.00' 402 Fleet Services- Code 402-40460-58110-59000 Equipment Purchase 7,000.00 402 Fleet Services- Housing 402-40-410-58110-59000 Equipment Purchase 7,000.00 Total 28,000.00 CIP24-054-59001 Document Digitization of paper files for Planning, Building, Housing, and Community Enhancement 235 General Plan Fee 235-40-470-58100-59001 Contract Services 150,000.00' CIP24-055-54002 Tree Master Plan 234 Park Funds(Quimby Fees 234-40-470-58100-54002 Contract Services 50 000,00 235 General Plan Fee 235-40-470-58100-54002 Contract Services 50,000.00 Total 100 000.00 i Community Development Totals 278,000.00 $ $ $ $ Finance: CIP22-042 OpenGov Budgeting & Planning + Reporting & Transparancy Suite 275 ARPA - American Rescue Plan Act (Revenue 275-20-765-58105-52000 Software Purchase / 84,686.00 Software Replacement) Conversion Pagel of 9 CIP # 1 Dept Project 1 Item Description Funding Sources General Ledger Expenditure Account Account Name FY23.24 Adopted CIP Totals Future Funding Schedule (Proposed) Fund Description FY24-25 Proposed CIP FY25.26 Proposed CIP FY26-27 Proposed CIP FY27-28 Proposed CIP Finance Totals 84686.00 $ $ $ $ Police: CIP20-170 Replace 25 Mobile Data Computers (MDC) 275 ARPA - American Rescue Plan Act (Revenue 275-30-765-58110-13021 Equipment Purchase 78,713.86 Replacement) Body and Vehicle Cameras inlcuding Lease of Automated License Plate 206 State Asset Forfeiture 206-30-340-58110-13026 Equipment Purchase 49,000.00 275 ARPA - American Rescue Plan Act (Revenue 275-30-765-58110-13026 Equipment Purchase 13,305.62 CIP21-186 Readers Replacement) Total 62 305.62 CIP21-200 Spillman RIPA & NIBRS Compliant Software 275 ARPA - American Rescue Plan Act (Revenue 275-30-765-58105-53000 Software Purchase / 45,000,00 Replacement) Conversion CIP22-008 Lease vehicles -Patrol, detective and admin 275 ARPA - American Rescue Plan Act (Revenue 275-30-765-58140-53001 Lease Expense 178,236.82 Replacement) ARPA - American Rescue Plan Act CIP22-009 Upgrades to the Emergency Operations Center (EOC) 275 (Capital Investments or Physical Plant Changes to 275-30-706-58110-53002 Equipment Purchase 100,000.00' Public Facilities that respond to the COVID-19 public health emergency) CIP22-010 Replace PD telephone and radio audio recorder 275 ARPA - American Rescue Plan Act (Revenue 275-30-765-58110-53003 Equipment Purchase 42,000.00 Replacement) CIP22-012 PD Mobile Command upgrades 275 ARPA - American Rescue Plan Act (Revenue 275-30-765-58110-53005 Equipment Purchase 120,000,00 Replacement) Page 2 of 9 CIP # 1 Dept Project 1 Item Description Funding Sources General Ledger Expenditure Account Account Name FY23.24 Adopted CIP Totals Future Funding Schedule (Proposed) Fund Description FY24-25 Proposed CIP FY25.26 Proposed CIP FY26-27 Proposed CIP FY27-28 Proposed CIP C I P24-028-53009 Vehicle and Handheld HT Radios, and Management Software 271 Police Grants Fund State -Susan Rubio 271-30-340-58110-53009 Equipment Purchase 300 000.00 260,000 260,000 260,000 260,000 CIP24-057-53010 Storage Containers for Homeless Property & Illegal Cannibis Seizures 208 Law Enforcement Developmental Impact 208-30-340-58110-53010 Equipment Purchase 25,000,00 245 Proposition C 245-30-340-58110-53010 Equipment Purchase 25,000.00 Total 50 000,00 Police Totals 976,256.30 $ 260,000 $ 260,000 $ 260,000 $ 260,000 Public Works: CIP20-20 CNG Station 244 Proposition A 244-50-520-58100-15507 Contract Services 8,031.56 CIP20-31 Maine / Pacific - Traffic Signal and Rail Crossing Safety Improvements at Pacific Ave and Bogart St 245 Proposition C 245-50-520-58100-15716 Contract Services 2,66U0 270 Grants Fund HPLUL Federal 270-50-520-58100-15716 Contract Services 265,870.00' 270 Grants Fund STPL Federal 270-50-520-58100-15716 Contract Services 699 999.75 Total 968 436.75 CIP20-35 Metrolink Quiet Zones - Design and Construction matching funds 255 Measure M Bond Proceeds 255-50-520-58100-15550 Contract Services 323,531.50' 270 Grants Fund 1st Mile Last Mile Local 270-50-520-58100-15550 Contract Services 60 633.00 Total 384164.50 CIP20-41 San Gabriel River Bikeway Trail - Pathway along Walnut Creek Wash 245 Proposition C 245-50-520-58100-15538 Contract Services 216,288.70 CIP20-129 San Gabriel River Bikeway Phase II - Greening 245 Proposition C 245-50-520-58100-15093 Contract Services 349,351.80' 256 SB1 Road Repair & Accountability 256-50-520-58100-15093 Contract Services 250,000.00 270 Grants Fund (ATP Cycle 3) State 270-50-520-58100-15093 Contract Services 677,000.00 270 Grants Fund (RMC Prop 68) State 270-50-520-58100-15093 Contract Services 993,790.00 Total 2,270,141.80 CIP20-131 (Postponed) Median Landscaping Remove Turf and add Drought Resistant Plants and Trees - Phase 11 234 Park Fees (Quimby Act) 234-50-520-58100-15095 Contract Services 20,000 251 Street Lighting and Landscape 251-50-520-58100-15095 Contract Services 18,488 CIP20-182 Big Dalton Wash Greenway 234 Park Fees(Quimby Act 234-50-520-58100-15104 Contract Services 112,500.00' 270 Grants Fund Pro 68 State 270-50-520-58100-15104 Contract Services 2,182,439.61 Total 2 294 939.61 CIP21-190 Drainage Improvements at Foster Avenue Pedestrian Rail Crossing 255 Measure M Bond Proceeds 255-50-520-58100-15105 Contract Services 531,210.00' 258 Measure W 258-50-520-58100-15105 Contract Services 376 560.71 Total 907 770,71 CIP21-191 Traffic Signal at Olive and Maine Avenue 251 Street Lighting and Landscape 251-50-520-58100-15564 Contract Services 83,557.80 254 Measure R Local Return 254-50-520-58100-15564 Contract Services 150,000.00 256 SB1 Road Repair & Accountability 256-50-520-58100-15564 Contract Services 325 000.00 . 270 Grants Fund STPL Federal 270-50-520-58100-15564 Contract Services 305 000.00 Total 863,557.80 CIP21-198 Barnes Park Regional Project 234 Park Fees(Quimby Fees 234-50-520-58100-55001 Contract Services 6,570.00 258 1 Measure W 258-50-520-58100-55001 Contract Services 8,971,895.76 270 JGrants Fund Pro 68 State 270-50-520-58100-55001 Contract Services 2,927,250.00' Total 11 905,715.76 Page 3 of 9 CIP # 1 Dept Project / Item Description Funding Sources General Ledger Expenditure Account Account Name FY23.24 Adopted CIP Totals Future Funding Schedule (Proposed) Fund Description FY24-25 Proposed CIP FY25.26 Proposed CIP FY26-27 Proposed CIP FY27-28 Proposed CIP CIP21-199 Traffic Signal Modification Merced / Vineland 245 Proposition C 245-50-520-58100-55002 Contract Services 55 942.19 251 Street Lighting and Landscape 251-50-520-58100-55002 Contract Services 63 708.85 256 SB1 Road Repair & Accountability 256-50-520-58100-55002 Contract Services 181 5%00 270 Grants Fund (HSIP) Federal 270-50-520-58100-55002 Contract Services 258,440.00 Total 559 605.04 i CIP22-014 Traffic Signal / Hawk -System installation at Garvey/Vineland/ I-10 FWY on/off Ramp 241 Surface Transportation Program 241-50-520-58100-55006 Contract Services 650,000,00 256 SB1 Road Repair & Accountability 256-50-520-58100-55006 Contract Services 300,000.00 270 Grants Fund (Surface Transportation) Federal 270-50-520-58100-55006 Contract Services 143,000,00 Total 1,093 000.00 CIP22-015 Citywide Sidewalk and Curb & Gutter Concrete Improvements 220 CDBG 220-50-520-58100-55007 Contract Services 160 000.00 254 Measure R Local Return 254-50-520-58100-55007 Contract Services 100,000,00' Total 260,000,00 CIP22-016 Big Dalton Pocket Park at Francisquito Ave 234 Park Fees(Quimby Fees 234-50-520-58100-55008 Contract Services 150 000.00 270 Grants Fund CNRA State 270-50-520-58100-55008 Contract Services 298,205,55 270 Grants Fund Pro 68 State 270-50-520-58100-55008 Contract Services 3,285,000.00 Total 3 733 205.55 CIP22-026 Roadside Park Improvements Near I-10 FWY 234 Park Fees(Quimby Fees 234-50-520-58100-55004 Contract Services 100,000,00 258 Measure W 258-50-520-58100-55004 Contract Services 250 000.00 270 1 Grants Fund HUD CPF Federal 270-50-520-58100-55004 Contract Services 2,222,000.00 Total 2,572,000,00 CIP22-027 (Postponed) Francisquito Railroad Crossing Safety Upgrades 255 Measure M Bond Proceeds 255-50-520-58100-55015 Contract Services 100,000 270 Grants Fund 270-50-520-58100-55015 Contract Services 2,300,000 CIP22-028 Public Works Maintenance Yard Upgrades including records retention and archiving facility stud &project) 275 ARPA - American Rescue Plan Act (Revenue Re lacement 275-50-765-58100-55016 Contract Services 2,383,287.41 CIP22-037 Storm and Sewer Assessment - Master Plan (Additional project requested by Council 9-1-21) 275 ARPA - American Rescue Plan Act (Clean Water: Other Sewer Infrastructure 275-50-752-58100-55017 Contract Services 80,000.00 CIP22-038 City Hall Improvements including Council Chambers (Additional project requested by Council 9-1-21) 275 ARPA - American Rescue Plan Act (Revenue Re lacement 275-50-765-58100-55018 Contract Services 2,402,656.35 CIP22-039 High Visibility Traffic Calming Devices - RRFB Traffic (Additional project requested by Council 9-1-21) 245 1 Proposition C 245-50-520-58100-55019 Contract Services 50,000.00 254 Measure R Local Return 254-50-520-58100-55019 Contract Services 50 000,00 Total 100,000.00 CIP22-040 Calino Ave Sewer &Storm Drain Improvements 275 ARPA - American Rescue Plan Act Clean Water: Other Sewer Infrastructure 275-50-752-58100-55021 Contract Services 590,595,68' CIP22-044 Zocalo/Civic Center Park Plaza Project 200 Future Development 200-50-520-58100-55022 Contract Services 1,440,000.00 234 Park Fees(Quimby Fees 234-50-520-58100-55022 Contract Services 996 000,00 256 S131 Road Repair & Accountability 256-50-520-58100-55022 Contract Services 1,076 597.44 i 258 Measure W 258-50-520-58100-55022 Contract Services 71$ 923.59 270 Grants Fund State 270-50-520-58100-55022 Contract Services 3,119,773,64 275 ARPA - American Rescue Plan Act Revenue Replacement) 275-50-765-58100-55022 Contract Services 1,200,000.00 Total 8,651,294X7 Page 4 of 9 CIP # 1 Dept Project 1 Item Description Funding Sources General Ledger Expenditure Account Account Name FY23.24 Adopted CIP Totals Future Funding Schedule (Proposed) Fund Description FY24-25 Proposed CIP FY25.26 Proposed CIP FY26-27 Proposed CIP FY27-28 Proposed CIP CIP23-004 High Efficiency Toilet & Shower Head Replacement Program 275 ARPA - American Rescue Plan Act Clean Water: Water Conservation 275-50-755-58100-55026 Contract Services 600,000.00 CIP23-005 Slow Streets Demonstration 270 Grants Fund SGVCOG Grant 270-50-520-58100-55024 Contract Services 45,000,00 CIP23-006 Traffic Signal at Olive & Phelan 241 Surface Transportation Program 241-50-520-58100-55025 Contract Services 339 000.00 270 IGrants Fund STPL Federal 270-50-520-58100-55025 Contract Services 305,000.00 Total 644 000,00 C I P24-003-55028 Pavement Management System Update 245 Proposition C 245-50-520-58100-55028 Contract Services 66,000.00 C I P24-025-55029 Backhoe (Replacement) 254 Measure R Local Return 254-50-590-58110-55029 Equipment Purchase 100,000.00 255 Measure M 255-50-590-58110-55029 Equipment Purchase 100,000.00 Total 200 000.00 i CIP24-010-55030 Los Angeles Rehabilitation Project 254 Measure R Local Return 254-50-520-58100-55030 Contract Services 200,000.00 256 SB1 Road Repair & Accountability 256-50-520-58100-55030 Contract Services 500 000.00 270 Grants Fund Metro Express Lanes Local 270-50-520-58100-55030 Contract Services 2 247 021.00 Total 2,947,02U0 C I P24-005-55902 Residential and Major Street Rehab at Various Locations 245 Proposition C 245-50-520-58100-55902 Contract Services 100,000,00 255 Measure M 255-50-520-58100-55902 Contract Services 100,000,00 256 SB1 Road Repair & Accountability 256-50-520-58100-55902 Contract Services 650,000.00 Total 850,000,00 C I P24-026-55031 Boom Truck Replacement 255 Measure M 255-50-590-58110-55031 Equipment Purchase 100,000m 254 Measure R Local Return 254-50-590-58110-55031 Equipment Purchase 200,000.00 Total 300 000.00 C I P24-006-55032 Maine Avenue Lighting Streetscape 251 Street Light & Landscaping 251-50-520-58100-55032 Contract Services 125,000.00 254 Measure R Local Return 254-50-520-58100-55032 Contract Services 100 000.00 Total 225 000.00 C I P24-011-55033 Baldwin Park Transit Station 245 Proposition C 245-50-520-58100-55033 Contract Services 200,000.00 254 Measure R Local Return 254-50-520-58100-55033 Contract Services 200 000.00 270 Grant Funds Federal Appropriations 270-50-520-58100-55033 Contract Services 1,050,000.00 Total 1,450,000.00 C I P24-014-55034 Traffic Signal Installation at Root St & Puente Ave Intersection 245 Proposition C 245-50-520-58100-55034 Contract Services 108,000.00 1,242,000 CIP24-016-55035 Parking Lots Rehabilitation Project 245 Proposition C 245-50-520-58100-55035 Contract Services 150 000.00 254 Measure R Local Return 254-50-520-58100-55035 Contract Services 200 000.00 255 Measure M 255-50-520-58100-55035 Contract Services 200,000,00 Total 550 000.00 CIP24-017-55036 Upgrade Citywide Speed Feedback Signs 255 Measure M 255-50-520-58110-55036 Equipment Purchase 50 000.00 100,000 CIP24-018-55037 School Parkway Landscaping Project 251 Street Lighting and Landscape 251-50-520-58100-55037 Contract Services 25000.00' 254 Measure R Local Return 254-50-520-58100-55037 Contract Services 75 000.00 Total 100,000,00 CIP24-019-55038 Holiday Lighting Citywide 254 Measure R Local Return 254-50-520-58100-55038 Contract Services 20 000.00 255 Measure M 255-50-520-58100-55038 Contract Services 20,000.00 Page 5 of 9 CIP # / Dept Project / Item Description Funding Sources General Ledger Expenditure Account Account Name FY23.24 Adopted CIP Totals Future Funding Schedule (Proposed) Fund Description FY24-25 Proposed CIP FY25.26 Proposed CIP FY26-27 Proposed CIP FY27-28 Proposed CIP Total 20 000.00 CIP24-029-15727/59003 Replace Three (3) Patrol Vehicles and Police Lighting Equipment 402 Fleet Services 402-50-591-58140-15727 Lease Expense 36,000.00 36,000 36,000 36,000 36,000 402 Fleet Services 402-50-591-58110-59003 Equipment Purchase 60,000.00' Total 96,000,00 Page 6 of 9 CIP # / Dept Project 1 Item Description Funding Sources General Ledger Expenditure Account Account Name FY23.24 Adopted CIP Totals Future Funding Schedule (Proposed) Fund Description FY24-25 Proposed CIP FY25.26 Proposed CIP FY26-27 Proposed CIP FY27-28 Proposed CIP C I P24-021-55039 ATV Vehicles for Police and Public Works 402 Fleet Services 402-50-590-58110-55039 Equipment Purchase 25,000.00 245 Proposition C 245-50-590-58110-55039 Equipment Purchase 15,000.00 245 Proposition C 245-50-591-58110-55039 Equipment Purchase 40,000.00 Total $0,000.00 C I P24-022-15727 Additional PW Trucks to Leasing Program 2 Trucks 254 Measure R Local Return 254-50-590-58140-15727 Lease Expense 32,000.00 30,000 246 AB939 INT Waste Management 246-50-590-58140-15727 Lease Expense 48,000.00 30,000 Total $0000.00' CIP24-047-15727/59003 New Utility Truck for Parks and Recreations 402 Fleet Services 402-50-590-58140-15727 Lease Expense 12,000.00 402 Fleet Services 402-50-590-58110-59003 Equipment Purchase 20,000.00' Total 32 000.00 C I P24-023-55040 Fleet Asset Management Program 254 Measure R Local Return 254-50-590-58105-55040 Software Purchase / Conversion 40,000.00 402 Fleet Services 402-50-590-58105-55040 Software Purchase / Conversion 25,000.00' 402 Fleet Services 402-50-591-58105-55040 Software Purchase / Conversion 20,000.00 Total 85 000.00 C I P24-024-55041 Center/Olive Transfer Site Security Upgrades 246 AB939 INT Waste Management 246-50-520-58110-55041 Equipment Purchase 50,000 254 Measure R Local Return 254-50-520-58110-55041 Equipment Purchase 50,000.00' Total 50 000.00 CIP24-031-55042 Morgan Park Roundabout and Landscape Enhancement 234 Park Fees(Quimby Fees 234-50-520-58100-55042 Contract Services 80 000.00 CIP24-033-15074 Landscape Equipment for Street/Park Crew 252 Parks Maintenance District 252-50-560-53390-15074 Minor Equipment 26,000,00 CIP24-034-55043 500 Gallon Water Trailer 402 Fleet Services 402-50-590-58110-55043 Equipment Purchase 13 000.00 CIP24-052-55044 Purchase Grafitti Truck 245 Proposition C 245-50-590-58110-55044 Equipment Purchase 50,000,00 402 Fleet Services 402-50-590-58110-55044 Equipment Purchase 30,000.00 Total 80,000.00 FUTURE PW Asset and Work Order Management System TBD To be determined Software Purchase / Conversion 80,000 FUTURE Storm Drain Improvements and capture improvements at various locations 258 Measure W 258-50-520-58100-TBD Contract Services 105,000 TBD JTBD TBD-50-520-58100-TBD Contract Services 105,000 1,095,000 FUTURE Citywide Traffic Signal Battery Back-up Systems (BBS) Phase 2 245 Proposition C 245-50-520-58100-55000 Contract Services 100,000 256 SB1 Road Repair & Accountability 256-50-520-58100-55000 Contract Services 150,000 FUTURE Replant Trees Throughout City 251 Street Lighting and Landscape 251-50-520-58100-TBD Contract Services 20,000 Public Works Totals 50,939 712.89 $ 2,086,488 $ 3,531,000 $ 36,000 $ 36,000 Recreation & Community Services: CIP20-82 Replace Roof at Community Center 4 ply hot mop application 275 ARPA - American Rescue Plan Act (Revenue 275-60-765-58100-16209 Contract Services 1,000,000.00 w/com plete removal Replacement) Page 7 of 9 CIP # / Dept Project / Item Description Funding Sources General Ledger Expenditure Account Account Name FY23.24 Adopted CIP Totals Future Funding Schedule (Proposed) Fund Description FY24-25 Proposed CIP FY25.26 Proposed CIP FY26-27 Proposed CIP FY27-28 Proposed CIP CIP20-86 Termite & Building Repairs Community Center 234 Park Fees(Quimby Fees 234-60-620-58100-16210 Contract Services 65 000.00 CIP20-87 Termite & Building Repairs Senior Center 234 Park Fees(Quimby Fees 234-60-620-58100-16211 Contract Services 32 000.00 CIP20-168 Repair and Paint Beams at Comm Ctr Gym 234 Park Fees(Quimby Act 234-60-620-58100-16195 Contract Services 35 000.00 CIP20-169 Replace / Refurbish Signs at Transit Center 244 Proposition A 244-60-620-58100-16196 Contract Services 15 000.00 CIP20-172 Replace Community Center Weight Room Precut Rubber Tile Flooring 1/2" Commercial Grade 234 Park Fees (Quimby Act) 234-60-620-58100-16198 Contract Services 60,000.00 CIP21-192 Replace Flooring Lobby / Locker Rm Aquatic Ctr 234 Park Fees(Quimby Act 234-60-620-58100-16226 Contract Services 65,000.00 CIP21-193 Replace Gym Sound Panels, Wall Carpet, Safety Pads and Paint 234 Park Fees(Quimby Act 234-60-620-58100-16227 Contract Services 225 000.00 CIP21-194 Replace Games Room Area Sound Panels 234 Park Fees(Quimby Act 234-60-620-58100-16228 Contract Services 55 000.00 CIP22-029 Replace Flooring / Carpet at Teen Center 234 Park Fees(Quimby Act 234-60-620-58100-56000 Contract Services 50,000.00 CIP22-031 Games Room Equipment upgrades 275 ARPA - American Rescue Plan Act (Revenue Replacement) 275-60-765-58110-56002 Equipment Purchase 74,140.70' CIP22-033 Martial Arts Room mat flooring 275 ARPA - American Rescue Plan Act (Revenue Replacement) 275-60-765-58110-56004 Equipment Purchase 75,000.00' CIP22-034 Replace Boxing Ring and equipment at Community Center 275 ARPA - American Rescue Plan Act (Revenue Replacement) 275-60-765-58110-56005 Equipment Purchase 50,000.00 Page 8 of 9 CIP # 1 Dept Project 1 Item Description Funding Sources General Ledger Expenditure Account Account Name FY23.24 Adopted CIP Totals Future Funding Schedule (Proposed) Fund Description FY24-25 Proposed CIP FY25.26 Proposed CIP FY26-27 Proposed CIP FY27-28 Proposed CIP CIP22-041 New Family Service Center 275 ARPA - American Rescue Plan Act (Economic Impact Assistance: Other 275-60-726-58100-54001 Contract Services 90,000.00 C I P24-001-55027 Morgan Park Restooms Improvements 275 ARPA - American Rescue Plan Act (Capital Investments or Physical Plant Changes to Public Facilities that respond to the COVID-19 public health emer enc 275-60-706-58100-55027 Contract Services 235,000.00 CIP24-035-56012 Maine Ave Mini Park 210 Community Enhancement Funds 210-60-620-58100-56012 Contract Services 100,000.00 270 Grant Funds TAP Funding) Local 270-60-620-58100-56012 Contract Services 285,000.00' 270 Grant Funds (RMC Grant State 270-60-620-58100-56012 Contract Services 761,672.00 Total 1,046,672.00 CIP24-040-56013 Renovate Daycare Rooms into Recreation Space 270 Grant Funds Pro 68 State 270-60-620-58100-56013 Contract Services 224,288.00 C I P24-042-56014 Improve Hilda L. Solis Park Restrooms 234 Park Fees (Quimby Fees) 234-60-620-58100-56014 Contract Services 52,000,00 TBD To be determined (Future) TBD-60-620-58100-56014 Contract Services 598,000.00 Total 52 000,00 C I P24-043-56015 Repair Morgan Park Picnic Areas 234 1 Park Fees(Quimby Fees 234-60-620-58100-56015 Contract Services 85,000.00 C I P24-045-56016 Replace AC Unit in PD Server Room 209 AB74 Public Safety Enhancements 209-60-620-58100-56016 Contract Services 60 000m CIP24-051-56017 Replace Carpet in PD Dispatch Area 100 General Funds 100-60-620-58100-56017 Contract Services 28 000,00 FUTURE Replace Parking Structure Police Lockers 208 Law Enf Development Impact 208-60-620-58110-TBD Equipment Purchase 25,000.00 FUTURE Replace Electrical Panels - Outdoor Aquatic Pump Room TBD To be determined TBD-60-620-58100-TBD Contract Services 800,000.00 FUTURE Replace Hensel St. Gate at WCNP TBD To be determined TBD-60-620-58100-TBD Contract Services 225,000.00 FUTURE Expand Meeting Rooms and Relocate Technology Center at the Community Center TBD To be determined TBD-60-620-58100-TBD Contract Services 350,000.00 Recreation & Community Services Totals 3,712,100.70' $ 1,998,000 $ $ $ Grand Total All Departments 56,693,486.99 $ 4,344,488 $ 3,791,000 $ 296,000 $ 296,000 Page 9 of 9 ITEM NOC 20 TO: Honorable Mayor and Members of the City Council HU90E rH FROM: Enrique C D Idivar, City Manager s;GAg'E` Shirley Quinones, Chief Deputy City Clerk VALLEY""',M �,A,4„ DATE: December 6, 2023 SUBJECT: Reorganization of the City Council — Selection of Mayor Pro Tempore for the 2024 Calendar near SUMMARC The purpose of this report is to complete the reorganization of the City Council with the selection of a new Mayor Pro Tempore for the ensuing one-year term. RECOMMENDATION It is recommended that the City Council complete the reorganization of the City Council and follow procedures as suggested for the selection of Mayor Pro Tempore as followsF 1. The City Clerk opens the nominations for the office of Mayor Pro Tempore. Any Councilmember may nominate and no second to the nomination is required F-and 2. After receiving nominations, the City Clerk closes the nominations Land 3. The City Clerk then conducts the election of the Mayor Pro Tempore by roll call vote. If there is more than one nomination, a roll call vote is conducted in the order in which nominations are received until a Mayor Pro Tempore is elected by majority vote. FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Every calendar year at the first regular meeting conducted in the month of December, the City Council annually reorganizes the City Council selection of one of its members as Mayor Pro Tempore. Incumbent Councilmembers who have served Mayor Pro Tempore most recently,_—i Councilmember Garcia — 2023 Councilmember Damain — 2022 Councilmember Avila — 2021 Councilmember Ayala has not yet served as Mayor Pro Tempore. ALTERNATIVES None LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Mayor Pro Tempore Roster Page 1 / 1 CITFi OF BALDWIN PARK ROSTER OF MAYORS AND MAYOR PRO TEM'S MALIOR APPOINTED MALIOR PRO TEM APPOINTED Henry F-. Littlejohn F8nuary 25, 1956 Lynn H. Cole F-anusry 1956 Hub H. Bloxham April 17, 1956 to March 4, 1957 Henry '� Littlejohn April 1956 Henry L! Littlejohn Lune 3, 1957 Lynn H. Cole Lune 1957 Lynn H. Cole April 15, 1958 Henry ," Littlejohn April 1958 Lynn H. Cole April 1959 Henry Littlejohn April 1959 Lynn H. Cole April 19, 1960 Letcher Bishop April 1960 Letcher Bishop Lune 19, 1961 Henry —1 Littlejohn April 1961 Letcher Bishop April 10, 1962 Donald V. Holmes April 1962 Hub H. Bloxham April 17,1963 Donald V. Holmes April 1963 Charles E. Morehead April 21, 1964 Adelina Gregory April 1964 No D. Crites April 20, 1965 Adelina Gregory April 1965 Lose McCaron April 19, 1966 Charles E. Morehead April 1966 Charles E. Morehead April 5, 1967 Ivory D. Crites April 1967 Lose McCaron April 17, 1968 Charles E. Morehead April 1968 Lbseph McCaron April 16, 1969 Charles E. Morehead April 1969 F-oseph McCaron April 14, 1970 Adelina Gregory April 1970 Adelina Gregory April 7, 1971 Russell E. Blewett April 1971 Russell E. Blewett April 18, 1972 Leo W. -ling April 1972 Leo W. Lin g April 17, 1973 Virgil V. Hamilton April 1973 Virgil V. Hamilton March 12, 1974 Adelina Gregory March 1974 Virgil V. Hamilton March 5, 1975 Eoseph McCaron March 1975 Emmit R. Waldo (Recalled 11/22/77) March 9, 1976 Lorry R. Elitchel (Recalled 11/22/77) March 1976 Russell E. Blewett December 2, 1977 Virgil V. Hamilton December 1977 Russell E. Blewett (Resigned 10/18/78) March 14, 1978 Lack B. White March 1978 Eck B. White November 1, 1978 Robert H. McNeill November 1978 Lack B. White March 7, 1979 Felipe Aguilar, Lr. March 1979 THE MAYOR BECAME A "DIRECTLY ELECTED BY THE PEOPLE" OFFICE IN 1980 MALIOR ELECTED MAEiOR PRO TEM APPOINTED Lack B. White April 8, 1980 Robert H. McNeill Leo W. Lin g April 1980 April 1981 Lack B. White April 13, 1982 Bobbie W. Izell Robert H. McNeill April 1982 April 1983 Roster of Mayors and Mayor Pro Terns Page 2 MA❑OR ELECTED MACOR PRO TEM APPOINTED Lack B. White Aril 10, 1984 Leo W. ding Aril 1984 ** April 1986 Election Cancelled due to insufficient candidate film - o ly incumbents filed ** Lack B. White Richard Gibson April 1986 (Recalled 3/31/87) Richard Gibson Aril 1987 Leo W. Ing FUly 21, 1987 Bobbie W. Izell August 1987 Leo W. Uing April 19, 1988 I1ulia S. McNeill April 1988 (Resigned 12/2/89) Bette L. Lowes Aril 1989 Bette L. Lowes April 17, 1990 Lulia S. McNeill April 1990 -Uliia S. McNeill Aril 1991 Fidel A. Vargas April 21, 1992 Martin Gallegos April 1992 Martin Gallegos Aril 1993 Fidel A. Vargas April 14, 1994 Raul Martinez April 1994 Raul Martinez April 1995 Teri Muse Aril 1996 Bette Lowes March 4, 1997 Teri Muse March 1997 Manuel Lozano March 1998 Manuel Lozano March 2, 1999 Wm. "Bill" Van Cleave March 1999 Ricardo Pacheco March 2000 Manuel Lozano March 6, 2001 Linda Gair March 2001 Marlen Garcia March 2002 Manuel Lozano March 4, 2003 Wm. "Bill" Van Cleave March 2003 Ricardo Pacheco -March 2004 to December 2005 Term extended due to change in election date from March to November of Odd years Manuel Lozano November 8, 2005 David ❑ Olivas December 21, 2005 Marlen Garcia December 6, 2006 Manuel Lozano November 6, 2007 Anthony ❑ Bejarano December 5, 2007 Monica Garcia December 17, 2008 Manuel Lozano November 3, 2009 Ricardo Pacheco December 16, 2009 Marlen Garcia December 1, 2010 Manuel Lozano November 8, 2011 Susan Rubio December 7, 2011 Monica Garcia December 5, 2012 Manuel Lozano November 5, 2013 Ricardo Pacheco December 4, 2013 Cruz Baca December 3, 2014 Manuel Lozano November 3, 2015 Monica Garcia December 16, 2015 (election moved to even # of ears Manuel Lozano November 8, 2016 Susan Rubio December 7, 2016 Ricardo Pacheco December 6, 2017 Manuel Lozano November 6, 2018 Monica Garcia December 5, 2018 Paul C. Hernandez February 19, 2020 Emmanuel a Estrada November 3, 2020 Alejandra Avila December 2, 2020 Daniel Damian December 15, 2021 Emmanuel Cl Estrada November 8, 2022 Monica Garcia December 21, 2022 ITEM NOC 21 TO: Honorable Mayor and Members of the City Council HU9,0 rH� FROM: Enrique C❑❑aldivar, City Manager s;GAg'E` Shirley Quinones, Chief Deputy City Clerk VAL LEY,,M �,A,4„ DATE: December 6, 2023 SUBJECT: Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancies for the Recreation and Community Services Commissionu SUMMARF1 This report requests that the City Council review applicants and appoint the remaining commissioners to the Recreation and Community Services Commission. RECOMMENDATION It is recommended that the City Council review all commission applications for the Recreation and Community Services Commission and make respective appointments. FISCAL IMPACT There is no fiscal impact with this action. BACKGROUND A Public Notice of Commissioners was posted in accordance with Government Code Sections 54972 and Baldwin Park Municipal Code Chapter 32. All Commission applications included residency verification (via review of a driver's license and a current utility bill). Said documentation is on file in the City Clerk's Office under advisement. DISCUSSION During the City Council Meeting of Daly 19, 2023, the City Council appointed Anita Diaz, Roman Rodriguez and Cecelia Bernal to the Recreation and Community Services Commission. However, there still remained 5 vacancies on the commission, therefore the City Council directed staff to keep the Notice of Commissioner open for the remain vacancies in the Recreation and Community Services and Housing Commission. While the remaining Recreation and Community Services is composed of eight (8) members, five (5) are voting members. Currently there are only three (3) voting members appointed but have not been sworn in. RECREATION/COMMUNITY SERVICES COMMISSION❑ Eight (8) Recreation/Community Services Commissions Seats Term CSeats No. 1-5 ably 1, 2023 thru one 30, 2025 Seats No. 6-8❑CUly 1, 2023 thru CUne 30, 2024 Office #6 — Baldwin Park High School ❑Office #7 — Sierra Vista High School FEOffice #8 — North Park High School Page 1 / 2 Current MembersEi OFFICE #1 - Anita Diaz Voting Member TERM EMPIRES — ALINE 30,2025 OFFICE #2- Mario Flores Voting Member TERM EMPIRES — I -LINE 30, 2025 OFFICE #3- Cecelia Bernal Voting Member TERM EMPIRES — 1-UNE 30, 2025 OFFICE #4 - Vacant Voting Member TERM E❑PIRES — LUNE 30, 2025 OFFICE #5 - Vacant Voting Member TERM E❑PIRES — LUNE 30, 2025 OFFICE #6 - Vacant Non -Voting Student TERM EMPIRES — LUNE 30, 2024 OFFICE #7 - Vacant Non -Voting Student TERM EMPIRES — LUNE 30, 2024 OFFICE #8 - Vacant Non -Voting Student TERM EMPIRES — LUNE 30, 2024 Applications received from the following (applicants listed alphabetically by first name)LI For Office Seats 4 & 5,,,,-] 1. Edward Gonzalez 2. —uan Rios 3. Maria Cisneros -Gonzalez 4. Maria Davalos 5. Moses Nunez 6. Norma Olmos For Office Seats 6 & 7 (High School Students) 1 Itzel Guadalupe Herrera (Sierra Vista High School) 2. meson Barrios Smith (Baldwin Park High School) 3. Lesly Martinez (Baldwin Park High School) 4. Melina Barrios (Sierra Vista High School) 5. Lindsey A. Castro (North Park High School) ALTERNATIVES The City Council could make appointments at its next regularly scheduled City Council Meeting and designate the current incumbents to continue serving in their current capacity until said appointments are made, as prescribed by the Baldwin Park Municipal Code Section 32.03(B). LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Commission Applications Page 2 / 2 IIUt PLEASE ATTACH A CURRENT COPY OF A UTILITY BILL AND A COPY OF YOUR PHOTO ID APPLICATION IS FOR THE FOLLOWING CATEGORY: (A separate application is required for each commission) PERSONAL INFORMATION; s. 11 Z OFFICE OF THE CITY CLERK Nov, 15 �23 IAN GMM I VA LEY Length of time at thIs Address. L mail address: Home Phone No. Ceti/Message Phone No. Are you 18 years of age or older? Are you f egIstered to vote in the City of Baldwin Park? Do you ourrontly servo as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and posiflon:-- EDUCATION: Circle Highest grada you completed: 1 2 3 4 5 6 7 8 9 10 11 High School Graduate?----- EMPLOYMENT INFORMATION I EXPERIENCE: Y�! REFERENCES: Please provide the names of two (2) people, who are not City of Baldwin Park Elected or Appointed Officials and who can comment an your capabilities and character. IMPORTANT: Read the lollowing carefully and answer completely. A conviction Is not an automatic bar to appointment, Each case Is considered on Its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY 014 MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? if yesPlease Iet all offenses, date and place of of fense(s), and sentencelfine received: TICERTIFICATION, a ecoid. I certifIf under y�blperjut tinder 1110 lawt ot Ino state or ualllomla that the foregoing Is true Date Resideneyverification: 11 Yes DNo Date:- 'Voter Regisuation Rcsiciency verifi,ention: F1 Yes I� No Date: Appointment date: Residency verification. 0 Yes U No Date: Term expires: Verification: 0 Yes 11 No SHE BACK --+ Committee Requested'. Name-_ STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feet you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Date: Signature Notice: Please be advised that you and your qualificationsimay be,Idlscussed by the City Council at an open meeting. This Applkation and Statement of Qualification will be kept on file for two (2) years, During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. 11 !'I IM IF 1111 111 Ill 11 1 11 i k sa ' I IIIIIIIIIII I ��� I TI 1 11 . Ik. — J-1 - %. 1 ",,,PLEASE, ATTACH A,-, CITY OF BALDWIN PARK CURRENT, COPY OF APPLICATION FOR CITY COMMISSION A 'COPY OF YOUIR.And PIj0TO,1D STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING CATEGORY: (A separateapplication is required for each commission) . ; 0 1 0. . 0 Length of time at this Address;:�� 41.il address: Horne Phone No. Cell/Message Phone No, Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park? 4zl—e� If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 (9 High School Graduate? G.E.D.? I •- - - — - - - - 11 - -- `177177mol can comment on your capabilities and character. IMPORTANT. Read the following carefully and answer co4letely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentenceffine received: ACKNOWLEDGEMENTICERTIFICATION; I understand that upon filing, this application becomes a public record. I certify under penalty of perjury u der the taws of the State of California that the foregoing Is true and corre 6a-be"' Ur Residency verification: 11 Yes L1 No Date: Votcr Registration Verification: El Yes El No Resideney verification: LJ Yes LJ No Appointment datc-, Residenc, y verification: Ll Yes El No Date: Tern) expires: 91110111%4� Name-- Arl� Committee Requested: STATEMENT 2F g2LkLJE128JIqN§' Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying, Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. MM Date: r)-11,1111 iq r -�71-�tture Notice: Please be advised that you and your qualifications may be discussed by the City Councit at an open meeting. as ad "M YTIOU 17071,0707 U170 or said recrultment. Failure to provide current proof of residency with each recruitment will invalidate this application. PLEASE ATTACH A �CURRENT COPYA UTILITY BILL AND O. OF # PHOTO M APPLICATIONCITY OF BALDWIN PARK O A • STATEMENT .. QUALIFICATIONS INFORMATION:PERSONAL Residence t t Pi]li� �Z uw"a ®rn�aaww�aww�.a+ Length of Address, address: PhoneHome • 2 W! GAgR1E e �n VALkEY t,A EC t0i jS Are you registered to vote in the City of Baldwin Park? Do you currenfly serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and • Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? O.E,D.? EMPLOYMENT•' commentcan on .#: M IMPORTANT. Read the following carefully and answer completely.{ conviction is not• bar to appointment. considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: Date Residency verification: El Yes Residency verification: 0 Yes + /t • r err # ra ♦ r penalty of 5 ofCalifornia9 4 r correct, 111111RIM,i D No Date: _ E3 No Date: Voter Registration Verification: 11 Yes 0 No Appointment date: _ Term exlaires: _ Name— Committee Requested: 1A, \ \ _e V., fl- M 0 N �14 tNN,� rN Date: Signatur& Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your applicall 'I on will be Included In the pool of applicants provided however, that you submit current proof of residency at the ti of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. 111,0111 'M wxaw�� Name Maria Davalos Committee Requested: STATEMENT OF QUALIFICATIONS, As a resident of Baldwin park for 24 years, I would love to continue to serve my community as well as continue to share my time, help, thoughts, and ideas to provide our community with what they deserve. Someone to represent them with wonderful ideas to enjoy as a community. It would be an honor to represent all of 67= ITotice, Please be advised that you and yourquafiftations may be discussed by the City Council at an op Meeting I I lowfil"WWWO-4 *f? In IT?,& 10001 *T a;#11flicafirs PTOVOUVU fluWUVOTY 1"al you SUV11111 wilwil Pfoul Of Ft?S1VJU'1f)f';Y at Wifle [if of said oof of residency "h each reawitment will invalidate this appffcation PLEASE ATTACH A CURRENT COPY OF A UT BILL AND L A� A COPY OF YOUR PHOTO ID _. ........... Recreation & Community Service rl*10�*# A�v �11A 71 Name Moses R. Nu�ez Length of time at this Address* 25 yrs F.-mall address: Home Phone No. - Cett/Message Phone Are you I B years of age or older? Y69 Are you registered to vote in the City of Baldwin Park? YeS Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? No k i If yes, name of agency and position: NIA EDUCATION: V Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? I e G,E,D,? Pu bI ic Adm i nistratio n 0 Baldwin Park Unified School District Substitute Teacher p3/2023 - current HMT Electric, Inc, OMMUM111111WR ll=-11111111��ffOl /2021 - 03/202:3 REFERENCES; Please provide the names of two (2) people, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. 11TIPORTAIAT: Read the following carefully and answer completely, A conviction is nopmatic bar to appolintment, Eacheasels considered On its individual mor'Its, HAVEYOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION,? No If yes, Please list all offenses, date and place of offense(s), and sentenceffine received: N/A Waramm Date Do Rcsideircyverifi=tiott El Yes []No Residency verification: El Yes I_JNo ResidencN, verification: D Yes F1 No Date: Dite: Date: ACKNOWLEMEMENTICERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the Stake of Califonnia that the foregoing is true and correct, 1 W yi 11411010INTA I a] 'ity Use Only Voter Ref istintioll Verift-catiow F1 Yes LINo Appointment date: Term exvires: Moses R. Nurlez Name Committee Requested: Recreation & Community Service STATI,rNll=,NT OF QUALIFICATIONS: 11 " Use this space to list your goals and objectives and why you feel you should be appointed to the oornmIssion for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission, MMEMEMEMM110 1111111ill III IIIIIIIII'mill illillilll!!Illllllllllll 1 1 011111511w= 13JMMEi� I I III I I I I IlliIII Jill Ez=-- 12�� -ecornmendations to the council. I have, several years of experience serving on boards of various nonprofit organizations and giving back to the members ofour community. 00j#�� =4 jjry��I�lil IIIIIIIIIIII IIIIIIIIIIIII Jill i0•111 i Notice: Please be advised that you and your qualift meeting 0 This Appillicatfon and Statement of Qualfficaflon will be 1i on file for two (2) years. During this time, should a vacancy occur in the commission for whichyll;u have requested consideration of appointment, your application of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. DEADLINE TO SUBMIT AP13LICATION IS THURSDAY, JUNE 8, 2023 at 5:00 p-m- PLEASE ATTACH A CITY OF 13ALDWIN PARK CURRENT COPY OF A LITILITY HILL AND APPLICATION rOR CITY COMMISSION And A COPY OF YOOR tit l PHOTO 10 STATEMENT OF QUALIFICAT IONS APPLICATION IS FOR THE FOLLOWING CATEGORY: (A suppraro af)1plicotiotP is required for oach V0111rolission) PERSONAL INFORMATION: Name �oon—a—, __01 R os i dej ive A d d t 101191111 of (Irrie at 65 Address: J Are you 18 years of age or older? E-mail (7-mail iiddro,": colvM04saw" phollo No Are you wqistared to vote in the Cily of ualdwiti Fink? 61 Da you currently serve as an elected or, appointed official for any board an for [Mercy within IIIC (,,ily of BaldwinPark?it yes, narne of agency and position'_ EDUCATION: (;ircle Highest grade you completed: 1 2 3 4 5 t 7 8 9 10 11U2 I ligh School Graduate:`? NK—al � i —and L—oc—ahono ie in A_ EMPLOYMENT INFORMATION t EX PF WE NC E., blame REFERENCES. Please provide the narnes of two (2) people, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character, IMPORTAll Read tile foliowino carefully and answer completely, A conviction is nul on autonialic bar to appointment. Each case is con,;jdered orl its individual merits. R MISDEMEANOR OTHER 1-1-JAN A MINOR TRAFFIC VIOLATION? _G_P_ 14AVE YOU EVER BEEN CONVICTED OF A FELONY O If yr �15, please ji,,j all offenses, date and pla(,(, of offenso(s), and sentencOfrflu recolvr Date ACKNOWLEDGEMENT (IFR;p C�-ATI( understirldtflal ponfiling 111sa[ � lic,irion becaink!s a public recoul [CONIfyUndef Cue( ln"Xws OtA, jtotc, of tliat Ilio foregoinq is true pellafty of V1. /a Do Not Mile Dolow this Line - For Qity Use Only I ve" No Datc: VotcrRepktratimi Vcdliwaiioii: I I Yos No I I Yw, I i No Dale: Appoil it]] IvOt tbltv: RQ!Jdency vcl ifij(:Allioil: I I Ye% No DalcI ol jo C.,% pi rc%: BACK 4 'q Nmilv i'wq STATEMN I'OF OIJALJFIGAuts;1 s[yqtj (Ofj you Should, bc, I", PIRAnted to VV" (A"O fliPs' 'wce to fist Y()Ijl gmdn and objmove's mid wily ttoll yot, fej2I y/ill I)e for WhIcl) you tart;zjj)j)jyjt)q' -,Illy �-I(J(Jjtjonal tn(milla I'V110110al to the Council ill consideration of yom app(gotmont to this Gommisslon I've been a 'esidont of Baldwin Pal k for carver 213 1 qcew up castF-I M01-1te lj�m I [ed to Ruben Off),'D fOr 31 y0af s we have five chil(ij en Frikii, Puken, Fdwii do Sidvi-idor f my f;cIt-do") Bal(Svin F-)cgrl( High Sc[1001, Bianca I'Vo hoer involved throughout tho ytmr-, w1th the ;chool Ac, co(II-1clis the City, differomt projects. I was With the safe stl(205 [or school!;. The c,"'Impai(Ininq throw1hotit 1ho city, I il-v-J did f' lot of vollmteej VVC)1-1( ill tho city and t-1. le �'� � - 1! -1fl that 1110 city you �chool (11stl (A Any p ojoc -; ill lYtI Iii ll(Mlle it and VIll there The committec, that I'to requesting to L)t ilppoin(od j() If; a ence- (:nn ke a Cliffcrni can �iee what tho kids want. I'm very %w-di -known in the committee thlotigh children from all rages) y44i fecd comfortahlo to tAk to mo )kn thp rocifdprice rnrno [c) 1-ne (01 W-MC0, VVI'NA %Ale (10? What do Vou think and I try to give th(ml the bosl mlvice I cell) I've hccm vary 1)('1sy vVith n-ly forl-lily tmd my childi en 9now is a good time for me to got more itivolvecl as a cominissioner for starlom s of tho,CH-Y OF BALDWIN PAP](. Dale d NONE Nolico. rtexas u bo advised Mai yoll alld YoLff qualificalions may ho discimsod by the, (,fly Council at an opera Ition'ting. TfriS Application ondStalemold of Qladificatiol) will he Pept on No for two (2) yems. Duriny this timo, shmild a wm'aory ocf'ur in 11m, commis'sion for' Which you have 10(1a1e'siod considerabon of nppointment, yow- application will ho if)"Ildod ul 1110 pool of appfic"ants provided howevol" Mal yousuhmit GlIrt-ola proof of rosidow"y at tho time of,%-dd roGnMilloW, railuro' to provjdo� curf'o-11t proof of residency with Pach rocruitment K411 irwMidale this oppitcation- DEADLINE TO SUBMIT APPLICATION IS THURSDAY, JUNIE 8, 2023 at 6:00 pmt, AUG 2 8 2023 S'� y ya VIN ffii Mmll RECEIVED Name of High School 10��il PERSONAL INFORMATION: [To be completed by Student) Name T�Tek C—Xor-k(I(A ee- =4 Age: � 3: Date of Birth: Social Securlty # Home Phone No. . . ....... — Message Phone N Grade: 12- "' A 2- Graduation Year: 12 Q 2- e-j Name of Parent(s) or Guardian(s) G QS�'aQQ Uey K�C� CA ■ Both Parents [ I Mother [ ]Father ( ) Guardian signature Appointment Date: Re -Appointment Date: Comments: cc-. [ ] Personnel Department Recreation Director Recreation Secretaly Student's Namel—t -lame of School Graduating Class of Home Add resS Home Phone FRI WHO Sierra Tista 2h 6chool "Monte of tfte Donn" 3600 North Frazier Street - Baldwin Park, CA 91706 (626) 960-7741 • Fax (626) 856-4050 To: To Whom It May Concern August 24, 2023 Subject: Itzel Herrera H. Vincent Pratt Principal Alma Canal Assistant Principal Norma Cervantes Assistant Principal Stacey Merrick Assistant Principal Laura Glaviano ASB Director It is my pleasure to write a letter of recommendation for Itzel. I have had the opportunity to work with her during her years at Sierra Vista High School. I have great respect for her work and dedication. Itzel has proven throughout to be reliable and caring in providing leadership services to our students, staff, and community. She demonstrates leadership skills as Next Gen Youth Worker for 2 years and working during those summer months at City Hall. She also is a Dual Language student and serves as a leader in the AP Spanish Club, itzel has been a wonderful addition to our school as she bought key leadership qualities in the classroom as well as athletics, Our student population attending Sierra Vista consisted of students that qualify under Title 1, many experienced great challenges during and post COMD, Our School's focus has been to face these challenges and ensure our students complete the academic, social, and emotional components in this comprehensive environment. Itzel not only met those challenges but goes a step above to ensure that she brings others along as well. She is competitive on the field and in the classroom. She motivated girls to sign up and play for the girl's flag football team here, even before it was ever a sanctioned CIF sport. Regardless of the obstacles faced with being the only girls flag football team in San Gabriel Valley, which would require us to travel 35+ miles to Orange County for play, she encouraged us and others to give it 100%. She demonstrates her leadership, communication, creativity, and problem -solving skills daily as a student and athlete. She worked closely with administration on various issues and while being a wonderful ambassador for our school. Another area that I find unique with Itzel is that of her respect toward fellow faculty, staff, and students. Her mannerism is very noticeable and greatly appreciated by everyone. She accepts criticism and seeks advice when she experiences minor setbacks. BALDWIN PARK UNIFIED SCHOOL DISTRICT Sierra Vista High School is committed to the policy that all people shall have equal access to programs and iaciliHes without regard to age, color, creed, national or ethnic origin, handicap, race, rebgg Dn, or gender, "Home of the Dojuv" 3600 North Frazier Street - Baldwin Park, CA 91706 (626)960-7741 - Pax (626)856-4050 H. Vincent Pratt Principal Alma Canal Assistant Principal Norma Cervantes Assistant Principal Stacey Merrick Assistant Principal Laura Glavlano ASB Director She looks for ways to improve in all aspects of acadernia as well as the overall cLlIture of the school, She genuinely cares for others in our school and desires set high expectations for herself as well as the school and community. Itzel will bring a wealth of experience in diversity and community involvement to your program. I do not hesitate to recommend her to the position that she is seeking. Respectfully, I 21111131111M Sierra Vista High SOOC4 is committed to the poRWhat all people snail Ftavevqual access to programs and faclbtlo without regard to agscolor, creed, national or ethrlic arigirc hamPro p, race, religion, or gender.. CITY OF R RECREATION / COMMUNITY SERVICES STUDENT COMMISSION INFORMATION FORM SEP 2 5 "2023 Name; of High School Date . MessageHome Phone No. ME Grade t a , Graduation Year: � �V Name of Parent(s) or Guardian(s) Student lives Wth:0Both Parents Person to call`in case of er .� Date lam— Wdent's 1 For Office Us .I Appointment Date:: Re -Appointment Date, C'.cimments: ce: [ ] Personnel Department [ ] Recreation Director Recreation Secretary Eric D Lopez, Principal IMMIMMEMM City of Baldwin Park - L� ean'81i Kenneth Miralles, Ed. D Assistant Principal Alyflor Navalta. Assistant Principal Ana S. Richardson Assistant Principal Silvis Poregrina Director of Activities My name is Eric Lopez and I am the Principal of Baldwin Park High School, It is with great pleasure that I write you on behalf of Jason Barrios Smith, candidate for Student Commission Representative, He is currently a Senior at Baldwin Park High School in good academic standing, Jason attends school regularly and is involved in Vocal Ensemble Culinary Arts, He is enthusiastic and possesses a genuine desire to represent the school and city in the Student Commission, I endorse his participation in this capacity. If you have any question, please feel free to contact me at (626)960-5431 Respect,Mly Submitted, jet ez Principal ----- ----- 3900 N. Puente Ave., Baldwin Park, CA 91706 Phone., 626-960-5431 Fax: 626-856-4069 www.4pbraves.net BOARD OF EDUCATION Diatin Miratida-Dzib, Usq, FrvWeni - Christim, Lucre, Vice PrexIdenil0ork Jolm Deltom Membet - Sailor Hernandez, kfembo- - Demma Roble% Member Froilan M Mondova, Ed. D., ,"Home of the 8MV9311 3900 North Puente Avenue Park, CA 91706 Phones (626960-5431 (626) 856-4069 www.bpbraves,net Septeniber 25, 2023 To Whom It May Concern: Eric Lopez, Principal Baldwin Ano S. Richarson, Assistant Principal Kenneth Miralles, Assistant Principal Fax; Silvia N. Peregrines, ASB Director I am writing this letter to express my support for Jason Barrios Sinith. I have known Nfi-. Barrios for the past year, Mr, Barrios has made a great impact through his coursework and innovative personatity. Based on my experience with Mr. Barrios, I would rate his academic performance as superior, and lie is worthy of this opportunity to represent Baldwin Park -High School as a Student Commission representative. It is a privilege to provide this recommendation for Mr. Barrios, I have great respect for Mr, Barrios as an individual and as an outstanding scholar, I am confident that Mr. Barriosis most deserving of what this internship will bring him. Mr. Barrios is a bright, capable, and personable young adult who will tackle with case all of his future goals. Mr. Barrios is always quick on his feet, with sensible reactions in all circumstances, and I am sure you will agree with me once you have the opportunity to meet him. I urge you to consider him for this great opportunity. I cannot think of anyone more deserving, and I wholeheartedly support his application. I am confident that you will be as impressed with Mi, Barrios as I am, In closing, I highly recommend Mr. Barrios. If his performance in iny class is any indication of how he will succeed, I promise Mr. Barrios will be a positive addition to your organization, Should you need any additional information, feel free to contact me at any time through email at ndrnoraIez652&bpusd,net or at 626-962-331 extension 87337. 1 thank you in advance for offering Mr. Barrios the Opportunity to represent Baldwin Park High School as a Student Commission representative. Y, Nclida D. Moralez English Teacher Baldwin Park High School 626-960-5431 ext.87337 ndmoralez652@bpusd.net BOARD OF EDUCATION Christina LuceM Presidcov - Carlos Lopez, C)ej-"(,v President Santos Hernandez, Jr., Member s Blanca Hsiela Rubio, Alember - Terem 1, Vargas, Member Froilin N. Mendaza,Superiniendent Student information Student Name Barrios Smith, Jason Lost Name Goes BY Custodial information PeriodBALDWIN PARK HIGH Year 2023-2024 Attendance Profile Report: iy Sis Number Gender Grade Home AddressCO Nick Name Mirth Date Home Language Date Leave Date Enjilsh Hispanic t. t Phons Type I Phone Extension Home ttata 0 t 2 3 4 5 is 7 a 9 to 4 {P512ii23 u U 3 A M NIS €M23 A A - 143 lea t18 i}71 = WS. A A A A : A A N4 Nt3 tr7 (REG) - :w. p2tk23 9 tits n `. - A A A F48 (R}tRi Doll V2023 T Ms {RP ISEG) -- 09 X2023m� WS A 1615 WS (T) CAEG} tY9t44�2tY23 NtS T MG NJS M (Arc) 09115=23 {Ra (REG) NS A T pus r - _ Os gr} (t�E=aa TOUP U 7 I 2. _ 2 v # 0 0 All Day Reason Crania Totals Daily Reason Code Total '= Period Type Totals Period Reason Type Toted m 23` Period Reason Code Totals 3 a i A=16 TR4 U - 2 Period Reason Code Total = 23' Attendance Legend 3 - TruamryTas41 A z 1 Aysr1%dAb T = tinexcusedTt U = Truancy Abse Printed by Raquel Mos at 0912112023 3:33 PM Baldwin mark Unified School district Page 1 of 1 9r2l)23, :33 PM Shident Grade Swk RaMos Smith, Jason o8tudent Grade Book Student Name:, Barrios Smith, Jason School*: BAL.Difl IN PARK HIGH Homeroom:: F O Teacher.; Palmer, B. Birth Late:. Counselor Name-. Anderson, Deborah Current Student trades Last Name::` First e. Middle flame: Suffix Perm ID: Grade Gender: Barrios Smith Jason 12 Tale rType.- Student Grad Line Period Section IVY Course Course Title Teacher flame Marks lid 01 1 04-1 01 V7604 FOODSRC'" HOSP CULINARY I TIt I Palmer, Brandon No grade book information No de bt 1 V76046-1-001 V7604B FOOD SRV HOSP CULINARY LOTION Palmer, Brandon G8000- -0003 G8000 RECON O TH Davidson, Andrew No grade book inkrm tion -No grade b 8 04.82OB-8-1 U48208 CONCERT CHOIR P Mlralles, Carolyn 4820-4-01 U4820 CONCERT CHOIR P I Iralles Carolyn 1 0 No grade be S 014-5-02 S3014 US GOVT Maldonado, Victor 011- 001 A2011 CERAMICS I A Altenau, Jane A 0 ( 0 8 5 01 -; -00 1 A2012 CERAMICS I B Altenau Jane' B 601- -07 G2601 INTER/ENRICHINTER/ENRICH Maldonado, Victor No grade book information No grade be 10 6G 0 -%1 G2602 INTER/ENRICH Maldonado, Victor ME CITY OF BALDWIN PARK OFFICE OF THE CITy CLEjj RECREATION I COMMUNITY SERVICES I STUDENT COMMISSION INFORMATION FORM AUG 2 4 2023 RECE4VED Name of High �'chooi PLEASE PRINT Age:_ 16 Date of Grade: i ON) Graduation Year: J1 Name of Parent(s) or Guardia Student lives with: [,4 Both Parents Mother Father Guardian Person to call In case of emergenc Z023M - Date Appointment Date: Re -Appointment Date: RMMMM Uj ij Student's Signature PW'arenuardlan *Signature cc: [ ] Personnel Department I 'I Recreation Director [ ] Recreation Secretary Recreation & Community Services Commission Municipal Code Sections §32,01 -- 32.38 The Recreation and Community Services Commission of the city consists of seven members, five of who are designated and appointed to Commission Office Nos. 1 through 5 and serve a two-year term respectively. Three members are Student Commission Representatives, serve one-year term and are designated to Commission Office Nos. 6, 7, and 8 respectively, and shall 1) be over the age of 16 years, and less than 19 years of age during their terms of office; 2) one member shall be a student at Baldwin Park High School, the other member shall be a student at Sierra Vista High School, and one member shall be a student at North Park High School at the time of their respective appointments; and 3) No person shall be appointed to Office Nos, 6, 7 or 8 unless the principal of his/her high school has certified his/her eligibility for the appointment. Certification shall only be made after an appropriate selection process has been observed, involving as a part thereof, the wishes of the student body of each high school as to appropriate candidates. Qualifications: Appointees to the Recreation and Community Services Commission must be residents of the City of Baldwin Park at the time of their appointment and at all times during their term in office. Additionally, Commission members shall not hold public office as an elected official at the time of their appointment or at any other time during their term. Each member of the Commission shall serve at the pleasure of the City Council. Meetings on the 1st Monday of the Month at 5:00 p.m. in the Council Chambers 14403 E. Pacific Avenue, Baldwin Park, CA City Liaison: Teresa Alexander, Department Assistant Department of Recreation & Community Services LETTER OF RECOMMENDATION Student's Name 1 yVont Name of School 7 �1 S ' -U 1 Graduating Class of tZ09 Nome Address 5 (9 0zn t, �(AWW�A vafk CA � ' 6 Nome Phone Note to Principal: Please provide a written letter of recommendation for the above named student. Date Principal's Signature Eric D. Lopez, Principal August 24, 2023 Ana Richardson Assistant Principal Baldwin Park High School 3900 N' Pucnte Ave. Baldwin Park, CA 91706 To whom it may concern; Kenneth Miralles, Ed. D. Assistant Principal Ana Richardson Assistant Principal Alyflor Navalta Assistant Principal Silvia Peregrina ASB Director It is my great pleasure to recommend Lesly Martinez for employment with your organization. Lesly is now a Junior here at BPHS. There have been no reports of any discipline issues and she has shown excellent citizenship. Lesly receives good grades and has shown great improvement in attendance and showing up for all of her classes on time. Lesly is friendly and outgoing and is respected and liked by her peers I believe that she would be a great addition to your organization. ANN= Assistant Principal 3900 N. PUente Avenue Baldwin Park, CA 91706 Phone: 62(5-960-5431 Fax: 626-856-4069 www.bpbraves.net IT kq 7 TUr, MR r T.9 r =0--. I Sierra Vista High • Name of High School Name: Melina Barrios Residence Address: =Iill=I�M Social Security 4lllllllll� HomePhoneNo.� Message Phone No�llllllllllll Name of Parent(s) or Guardian(s): Person to call in case of emergency: Phone No.: &M Signature For Office Use Onlv Appointment Date: Re -Appointment Date: Comments: cc: [ ] Personnel Department [ ] Recreation Director [ ] Recreation Secretary Student's Name: Melina Barrios Name of School: Sierra Vista High school Graduating Class of 2024 Home Add Home Phone: Note to Principal: Please provide a written letter of recommendation for the above named student. ITEM NO. 22 TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, City Manager s'EL� : PREPARED BY: Karina Rueda, Human Resources Manager J,;,DATE: December 6, 2023 SUBJECT: Approval of an Exception to the 180-Day California Employees' Retirement System (CaIPERS) Wait Period for a Retired Annuitant Under Government Code Sections 7522.56 and 21224 and Authorization to Execute an Employment Agreement with Mark Hsu to fill a Critical Need in the Information Systems Division of the Administration Department SUMMARY The Public Employees' Pension Reform Act (PEPRA), which took effect in January 2013, made substantial changes to retirement law in California including California Government Code section 7522.56 and 21224 which requires a 180-day break in service before a retired annuitant can return to work as extra help. The law allows for an exception to the 180-day rule for a critical need or for work that requires specialized skills. The appointments are of a limited duration. The City of Baldwin Park's Information Systems Division has a need for extra help due to the upcoming retirement of the Information Technology Manager. Mark Hsu, Information Technology Manager, has submitted notice of retirement to be effective December 30, 2023, after 26+ years of service, resulting in a loss to the City of institutional and operational knowledge. The City may provide an arrangement where Mr. Hsu can continue to work for a limited duration, with a 960 hour limitation per fiscal year. This additional time will minimize disruption, allow for the appropriate transition of critical projects, such as, server administration, firewall and router configurations, WIFI security upgrade, and financial system support, as well as assist with the proper selection and transition of his replacement. RECOMMENDATION Staff recommends that the City Council: 1. Approve and adopt Resolution No. 2023-038 approving an exemption to the 180-day Ca1PERS waiting period for a retired annuitant, in accordance with Government Code Sections 7522.56 and 21224. 2. Authorize the Chief Executive Officer and Human Resources/Risk Manager to reinstate Mark Hsu as a retired annuitant prior to the 180-day wait period and provide authorization to execute an Employment Agreement with Mark Hsu at a rate of $62.4299 per hour through December 31, 2024, and may end sooner, to fill a critical need in the Information Systems Division. FISCAL IMPACT Funding will be paid from the salary cost savings associated with the currently vacant Information Technology Manager position. This will result in a savings to the General Fund as this appointment will receive no benefits other than an hourly salary within the current range for the vacant position. Page 1 / 2 BACKGROUND Section 7522.56 and 21224 of the California Government Code states that a retiree can only be retired by an agency for a maximum of 960 hours per fiscal year. The law also states that if an agency wishes to reemploy such individual sooner than 180 days after retirement, the governing board must certify that the nature of the appointment is necessary to fill a critical need. Although it is likely that Mr. Hsu will complete his temporary assignment within the next six to eight months, or sooner, there is some flexibility in making the agreement effective through December 30, 2024. Under Ca1PERS restrictions, the agreement can be terminated earlier. In order to be compliant with California Law and the 2013 Pension Reform Act, it is normally necessary for the City Council to certify there is an urgent need to waive the 180-day waiting period as well as take an action affirming the execution of such employment arrangements. Additionally, compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties. The minimum monthly salary for the Information Technology Manager starts at $8,074.94 or $46.5862 hourly and the maximum monthly salary is $10,821.19 or $62.4299 hourly, as approved by the City's Comprehensive Salary Resolution. Furthennore, per Ca1PERS guidelines, the retiree must certify that he has not or will not receive a Golden Handshake or any other retirement -related incentive. The attached resolution and agreement satisfy those requirements. ALTERNATIVES No alternatives being recommended. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2023-038 2. Employment Agreement Page 2 / 2 A RESOLUTION OF THE CIT❑ COUNCIL OF THE CIT❑ OF BALDWIN PARK, CALIFORNIA, APPROVING EDCEPTION TO THE 180-DAF] WAITING PERIOD TO HIRE A CALPERS RETIRED ANNUITANT IN ACCORDANCE WITH GOVERNMENT CODE SECTIONS 75221156 AND 21224 AND AUTHORI❑ING AN EMPLOLIMENT AGREEMENT BETWEEN THE CITFi OF BALDWIN PARK AND MARK HSU TO PROVIDE TEMPORARL] EUTRA HELP AS A RETIRED ANNUITANT FOR A LIMITED DURATION WHEREAS, in compliance with Government (Gov.) Code section 7522.56 of the Public Employees' Retirement Law, the City Council must provide CaIPERS this certification resolution when hiring a retiree before 180 days has passed since their retirement date Land WHEREAS, Mark Hsu, will retire from the City of Baldwin Park in the position of Information Technology Manager, effective December 30, 2023 :and WHEREAS, Gov. Code section 7522.56 requires that post -retirement employment commence no earlier than 180 days after the retirement date, which is Dane 28, 2024 without this certification resolution nand WHEREAS, Gov. Code section 7522.56 provides that this exception to the 180- day wait period shall not apply if the retiree accepts any retirement -related incentiveu and WHEREAS, the City Council, the City of Baldwin Park, and Mark Hsu certify that Mark Hsu has not and will not receive a Golden Handshake or any other retirement - related incentiveCand WHEREAS, the City Council hereby appoints Mark Hsu as an extra help retired annuitant to perform the duties of the Information Technology Manager for the City of Baldwin Park under Gov. Code section 21224, effective December 31, 2023Cand WHEREAS, the entire employment agreement, contract or appointment document between Mark Hsu and the City of Baldwin Park has been reviewed by this body and is attached herein ❑and WHEREAS, no matters, issues, terms or conditions related to this employment and appointment have been or will be placed on a consent calendarC-and WHEREAS, the employment shall be limited to 960 hours per fiscal year for all Resolution 2023-038 Page 2 of 3 CaIPERS employers -and WHEREAS, the compensation paid to retirees cannot be less than the minimum nor exceed the maximum monthly base salary paid to other employees performing comparable duties, divided by 173.333 to equal the hourly rate -_and WHEREAS, the maximum base salary for this position is $10,821.19 and the hourly equivalent is $62.4299, and the minimum base salary for this position is $8,074.94 and the hourly equivalent is $46.5869-and WHEREAS, the hourly rate paid to Mark Hsu will be $62.42991-;and WHEREAS, Mark Hsu has not and will not receive any other benefit, incentive, compensation in lieu of benefit or other form of compensation in addition to this hourly pay rate nand NOW THEREFORE, THE CIT- COUNCIL OF THE CIT- OF BALDWIN PARK DOES HEREB- RESOLVE AND ORDER AS FOLLOWS: SECTION 1- the City Council hereby certifies the nature of the appointment of Mark Hsu as described herein and detailed in the attached employment agreement/contract/appointment document and that this appointment is necessary to fill the critically needed position of Information Technology Manager for the City of Baldwin Park by December 31, 2023 due to the specialized skills required of said position. Resolution 2023-038 Page 3 of 3 PASSED, APPROVED AND ADOPTED this 6th day of December 2023. Emmanuel ❑ Estrada Mayor ATTEST: STATE OF CALIFORNIA COUNTLI OF LOS ANGELES SSA CITF] OF BALDWIN PARK I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that the foregoing Resolution NoE2023-038 was duly adopted by the City Council of the City of Baldwin Park at a regular scheduled meeting held on the 6th day of December, 2023, by the following vote, to wit[i AYES'E NOESE ABSTAIN❑ ❑'�I❑CCCi❑❑iC❑❑ 1-11❑❑�1❑ Christopher Saenz City Clerk EMPLOLIMENT AGREEMENT This employment agreement is effective as of December 31, 2023, between the City of Baldwin Park ("Employer") and Mark Hsu ("Retired Annuitant"). The Retired Annuitant served as an Information Technology Manager for Employer. Employer desires to ensure continued services of Retired Annuitant as the Information Technology Manager in order to retain his experience, abilities and knowledge until such time as a suitable replacement can be found and trained and is therefore agreeing to continue engaging his services as Information Technology Manager under the terms and conditions set forth below. 2. Retired Annuitant desires to resume employment with Employer and is willing to do so under the terms and conditions set forth below. a. THEREFORE, in consideration of the above recitals, and of mutual promises and conditions in this AGREEMENT, it is agreed as follows❑ 3❑ TERMS OF EMPLOLiMENT❑Subject to earlier termination as provided for in this AGREEMENT, Retired Annuitant shall be employed for a term beginning December 31, 2023 and ending no later than December 31, 2024. 4. DUTIES AND AUTHORIT❑❑ Employer shall employ Retired Annuitant as the Information Technology Manager. Retired Annuitants shall be vested with full power and authority to direct and conduct all the business of the City of Baldwin Park as is provided for by the Baldwin Park Municipal Code and other applicable statutory provisions. Duties and assignments while in this capacity shall generally include administrative oversight of the Information Systems Division and perform other related duties as required. 5. REASONABLE TIME AND EFFORTODuring his employment, Retired Annuitant shall devote such time, interest, and effort to the performance of his AGREEMENT as necessary. In no event shall Retired Annuitant work more than 960 hours within any Fiscal Year during the term of this Agreement. 6F] WAGESF]During the term of this AGREEMENT, Employer agrees to pay Retired Annuitant the hourly rate of $62.4299, payable in bi-weekly installments subject to all applicable withholding and deductions. 7F] ADDITIONAL BENEFITS FExcept as provided for above, or as required by State and Federal law, during the employment term, Retired Annuitant shall not be entitled to receive other benefits of employment generally available to Employer's other employees. 8❑ TERMINATION OF AGREEMENTCEmployer may terminate Retired Annuitant's employment at any time during the term of this AGREEMENT. 9❑ INDEMNIFICATION B❑ EMPLO❑ER❑Employer shall, to the maximum extent permitted by the law, indemnify and hold Retired Annuitant harmless for any acts or decisions made by him in the course and scope of employment. To the same, Employer will pay and advance all expenses, including reasonable attorney's fees and costs of court approved settlements, actually and necessarily incurred by Employer in connection with the defense of any action suit or proceeding and in connection with any appeal, which has been brought against Retired Annuitant by reason of his performance of services as an officer or agent of the Employer. 10CTERMINATION OR RESIGNATION❑ Retired Annuitant may terminate this AGREEMENT by giving Employer prior written notice of resignation. Unless otherwise agreed to by the parties, termination of employment by resignation shall result in no post -resignation compensation being paid to Retired Annuitant. 11 ❑CONFORMANCE WITH RETIREMENT LAW❑ This Agreement may only be modified, including extension of term, in writing by Retired Annuitant and Mayor and City Council or their designee provided that changes are in conformance with current California Public Employee's Retirement law involving post -retirement employment under Section 7522.56. 12❑CIT❑I COUNCIL APPROVAL❑This AGREEMENT shall be of no force and effect unless or until approved by the City Council of Baldwin Park. IN WITNESS WHEREOF, the City of Baldwin Park has caused this Agreement to be signed and executed and duly attested by its officers thereunto duly authorized, and Retired Annuitant has signed and executed this Agreement. CITY OF BALDWIN PARK Emmanuel J. Estrada Mayor Date RETIRE NNUI'TA1 T '� /vv�w-' — Mark Hsu Date ATTEST Christopher Saenz, City Clerk Date APPROVED AS TO FORM Marco A. Martinez, City Attorney Date 11 /30/2023 ITEM NO. SA 1 FROM: SAID GABRIEL "" b DATE: JA,Ww SUBJECT Honorable Mayor and Members of the City Council Rose Tam, Director of Finance December 6, 2023 Approval Of The Recognized Obligation Payment Schedule (Roes 24-25) For The Period From July 1, 2024 To June 30, 2025 And Administrative Budget SUMMARY With the dissolution of local redevelopment agencies, the current state law requires the City Council acting as the governing body of the Successor Agency (SA) to the Dissolved Community Development Commission of the City of Baldwin Park ("CDC") with respect to redevelopment agency matters to review and approve an annual Recognized Obligation Payment Schedule (ROPS). After review and approval by the City Council acting as the Successor Agency, the ROPS must be approved by the Oversight Board and submitted to the County Auditor - Controller, the State Department of Finance (DOF), and the State Controller's Office. The Successor Agency is also required to approve an administrative budget in an amount not to exceed the maximum permitted under the Redevelopment Dissolution Act. Attached are the ROPS 24-25 for the period from July 1, 2024 through June 30, 2025 and the Administrative Budget for Fiscal Year 2024-25 for the Successor Agency's Board approval. RECOMMENDATION It is recommended that the City Council, as governing body of the SA: 1. Approve the estimated ROPS 24-25 for the period of July 1, 2024 through June 30, 2025; and, 2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2024-25; and, 3. Adopt Resolution No. SA 2023-003 4. Direct staff to proceed with submitting the final ROPS 24-25 to the LA County First District Consolidated Oversight Board for approval no later than December 18, 2023 for the Board meeting on January 8, 2024; and, 5. Send the approved ROPS 24-25 to the County Executive Office, County Auditor Controller, the State Controller, and DOF by February 1, 2024; and, 6. Instruct staff to post the approved RODS 24-25 on the City's website after the LA County First District Consolidated Oversight Board approves the ROPS 24-25. FISCAL IMPACT There is no fiscal impact to the General Fund. The SA is requesting to receive an estimated $1,079,945 for the Fiscal Year 2024-25 enforceable obligations from the Redevelopment Property Tax Trust Fund (RPTTF) distributed by the County of Los Angeles per AB 26. However, these amounts are subject to approval of the California Department of Finance (DOF). Assembly Bill X1 26 ("AB 26") was drafted with recognition that redevelopment agencies had a variety of debts and obligations that still must be met in order to avoid causing harm to the persons to whom those debts and obligations are owed. Successor agencies are supposed to receive tax revenues from the county auditors in order Page 1 / 2 to ensure those obligations, referred to in AB 26 as "enforceable obligations," will be met. In order to enable the County of Los Angeles to determine how much tax revenue a successor agency needs to meet its enforceable obligations; AB 26 requires the preparation of a series of schedules of enforceable obligations. Under AB 26, a ROPS must be prepared and presented to the City Council as the governing body of the successor agency for approval for each six-month period, from January 1 through June 30 and from July 1 through December 31, until all of the Commission's enforceable obligations have been paid in full. However, pursuant to the recently adopted SB 107, a single annual ROPS must now be submitted for each fiscal year from July 1 through June 30. The approved ROPS is then submitted to the LA County First District Consolidated Oversight Board for approval. Following Oversight Board approval, the ROPS is sent to the Department of Finance and other agencies. On June 27, 2012, AB 1484 was enacted providing technical amendments, new rules and new deadlines for the redevelopment dissolution process. As such, the SA must submit an Oversight Board approved ROPS 24-25 for the period of July 1, 2024 through June 30, 2025 to the DOF no later than February 1, 2024. If the ROPS is not submitted on time, there will be a civil penalty of $10,000 per day for every day that the ROPS is not submitted to the DOF. The penalty is to be paid to the County Auditor -Controller for distribution to the taxing entities. The SA must notify the County Executive Officer, the County Auditor Controller, and DOF, at the same time the SA submits a proposed action to the Oversight Board for approval. Also, all actions taken by the Oversight Board must be adopted by resolution. ALTERNATIVES State Law requires the City Council acting as Board Members of the SA to the Dissolved Community Development Commission to approve the ROPS 24-25 in order for the City to pay for CDC's obligations and administrative costs. If the ROPS 24-25 are not approved and submitted to the DOF by February 1, 2024 there is civil penalty of $10,000 a day until it is submitted. In addition, the SA would be unable to pay the obligations. This would cause former RDA bonds to go into default. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. ROPS 24-25 for the period from July 1, 2024 to June 30, 2025 2. Successor Agency Administrative Budget FY 2024-25 3. Resolution No. SA 2023-003 Page 2 / 2 Recognized Obligation Payment Schedule (BOPS 24-25) - Summary Filed for the July 1, 2024 through June 30, 2025 Period Successor Agency: Baldwin Park County: Los Angeles Current Period Requested Funding for Enforceable Obligations (ROPS Detail) A Enforceable Obligations Funded as Follows (B+C+D) B Bond Proceeds C Reserve Balance D Other Funds E Redevelopment Property Tax Trust Fund (RPTTF) (F+G) F RPTTF G Administrative RPTTF H Current Period Enforceable Obligations (A+E) Certification of Oversight Board Chairman: Pursuant to Section 34177 (o) of the Health and Safety code, I hereby certify that the above is a true and accurate Recognized Obligation Payment Schedule for the above named successor agency. /s/ 24-25A Total 24-25B Total ROPS 24-25 (July - (January - Total December) June) Name Title Signature Date Baldwin Park Recognized Obligation Payment Schedule (ROPS 24-25) - ROPS Detail July 1, 2024 through June 30, 2025 A B C D E F G H I J K L I M I N 1 O P Q R S T U V W BOPS 24-25Ai Jul - Dec 0 � 5 Jed hurt . Item Obligation Agreement Agreement Project Total ROPS 24-25A Fund Sources 24-25B Fund Sources # Project Name Type Execution Termination Payee Description Area Outstanding Retired 24-25 Total Total Date Date Obligation Total Bond Reserve Other RPTTF Admin I Bond Reserve Other RPTTF Admin Proceeds Balance RPTTF Proceeds Balance Funds RPTTF A B C D E F G H I J K L I M I N 1 O P Q R S T U V W ROPS 24-25A (Jul - Dec) 11p�� (t Junk Item Obligation Agreement Agreement Project Total ROPS 24-25A Fund Sources 24-25B Fund Sources # Project Name Type Execution Termination Payee Description Area Outstanding Retired 24-25 Total Total Date Date Obligation Total Bond Reserve Other RPTTF Admin Bond Reserve Other RPTTF Admin Proceeds Balance Funds RPTTF Proceeds Balance Funds RPTTF Baldwin Park Recognized Obligation Payment Schedule (ROPS 24-25) - Report of Cash Balances July 1, 2021 through June 30, 2022 (Report Amounts in Whole Dollars) Pursuant to Health and Safety Code section 34177 (1), Redevelopment Property Tax Trust Fund (RPTTF) may be listed as a source of payment on the ROPS, but only to the extent no other funding source is available or when payment from property tax revenues is required by an enforceable obligation. A B C D E F G H Fund Sources Bond Proceeds Reserve Balance Other Funds RPTTF ROPS 21-22 Cash Balances Prior ROPS RPTTF and Comments (07/01/21 - 06/30/22) Bonds issued Bonds issued Reserve Rent, grants, Non-Admin on or before on or after Balances retained interest, etc. and Admin 12/31/10 01/01/11 for future period(s) 1 Beginning Available Cash Balance (Actual 07101/21) 1,289,456 1,000,544 RPTTF amount should exclude "A" period distribution amount. 2 Revenue/Income (Actual 06/30/22) 948,688 - 20 1,387,950 RPTTF amount should tie to the ROPS 21-22 total distribution from the County Auditor -Controller 3 Expenditures for ROPS 21-22 Enforceable Obligations 1,371,300 1,000,544 20 569,974 (Actual 06/30/22) 4 Retention of Available Cash Balance (Actual 06/30/22) 866,844 817,976 Previously reserved $818,156 for 9/23 Debt RPTTF amount retained should only include the amounts Service pmt. Due to shortage of $180 from distributed as reserve for future period(s) expenditures & amt. requested, the reserved amt now is 817,976. 5 ROPS 21-22 RPTTF Prior Period Adjustment No entry required RPTTF amount should tie to the Agency's ROPS 21-22 PPA form submitted to the CAC 6 Ending Actual Available Cash Balance (06/30/22) $- $- $- C to F = (1 + 2 - 3 - 4), G = (1 + 2 - 3 - 4 - 5) ', Baldwin Park Recognized Obligation Payment Schedule (ROPS 24-25) - Notes July 1, 2024 through June 30, 2025 City of Baldwin Park Successor Agency Administrative Budget for Fiscal -]ear 2024-25 Admin Hourly SA I of Time Cost Rate Hours Spent on SA Successor Agency: Non -Housing Personnel Cost City Council (Includes Mayor) $ 3,887 N/A N/A 2,.- City Treasurer $ 627 N/A N/A 2':: City Clerk $ 621 N/A N/A 21:: Chief Deputy City Clerk $ 1,332 $ 64.05 21 1 Chief Executive Officer $ 4,083 $ 196.30 21 1:' Director of Community Development $ 5,207 $ 125.18 42 Z" Management Analyst $ 2,794 $ 67.16 42 2: Human Resources / Risk Manager $ 2,036 $ 97.88 21 1: Human Resources Technician $ 1,006 $ 48.35 21 1: Director of Finance $ 32,764 $ 157.52 208 10 Accounting Manager $ 3,678 $ 88.42 42 2' Accountant $ 1,343 $ 64.59 21 1 Accountant $ 6,623 $ 63.68 104 5 Management Analyst $ 6,935 $ 66.69 104 5': Payroll Specialist $ 3,576 $ 57.31 62 3' Business License Specialist $ 1,164 $ 55.94 21 1 Senior Finance Clerk $ 1,116 $ 53.63 21 1 Senior Finance Clerk $ 941 $ 45.24 21 1 Total Personnel Cost $ 79,733 Operating Administrative Costs Consulting Services -Harrell & Co Advisors, LL and HdL, Coren & Cone 3,500 Legal Fee 5,000 Audit Fees 8,350 Facility Rental 15,000 Information & Support Services Charges 4,500 Internal Insurance Charges 11,766 Oversight Board (Copies, Printing, & Supplies) 600 Training 300 Total Operating Administrative Costs $ 49,016 Total Successor Agency Administrative Budget for F'- 2023-24 $ 128,749 RESOLUTION NO. SA 2023-003 A RESOLUTION OF THE LOS ANGELES COUNTY FIRST SUPERVISORIAL DISTRICT CONSOLIDATED OVERSIGHT BOARD APPROVING THE RECOGNIZED OBLIGATION PAYMENT SCHEDULE (ROPS) 24-25 FOR THE PERIOD OF JULY 1, 2024 THROUGH JUNE 30, 2025 FOR THE SUCCESSOR AGENCY OF THE FORMER REDEVELOPEMENT AGENCY TO THE CITY OF BALDWIN PARK WHEREAS, pursuant to ABx 1 26, enacted on June 28, 2011, and as subsequently amended by AB 1484, SB 341, and SB 107 ("Dissolution Act"), the Redevelopment Agency to the City of Baldwin Park was dissolved as of February 1, 2012, and the City of Baldwin Park elected to serve as the Successor Agency to the former Redevelopment Agency to the City of Baldwin Park. WHEREAS, pursuant to Health and Safety Code Section 34179 (q), commencing on and after July 1, 2018, the County of Los Angeles, where more than 40 oversight boards were created by the Dissolution Act, shall have five consolidated oversight boards each encompassing the five supervisorial districts; WHEREAS, the First Supervisorial District Consolidated Oversight Board ("Oversight Board") has jurisdiction over the Successor Agency of the Former Redevelopment Agency to the City of Baldwin Park. WHEREAS, the First Supervisorial District Consolidated Oversight Board held a regular/special meeting on January 8, 2024. WHEREAS, the Oversight Board to the Successor Agency to the dissolved Community Development Commission of the City of Baldwin Park (the "Oversight Board") has been appointed pursuant to the provisions of Health & Safety Code Section 34179; and, WHEREAS, Section 34177 requires each Successor Agency to prepare a draft Recognized Obligation Payment Schedule ("ROPS") and section 34180 requires the Oversight Board to approve same, after which it is to be transmitted to the County Administrative Officer, the County Auditor -Controller, the State Controller and the State Department of Finance ("DOF"); and, WHEREAS, Section 34177(o) provides that each ROPS shall be forward looking to the next one year; and, WHEREAS, the County will not make any payments of property taxes to the Successor Agency for use in payment of the obligations listed on the ROPS until the ROPS has been approved by the Oversight Board. Any delay in such payment could impair the Successor Agency's ability to make payments for the enforceable obligations; and, WHEREAS, on December 6, 2023, the City of Baldwin Park Successor Agency approved the ROPS 24-25 for the period July 1, 2024 through June 30, 2025, and a copy of ROPS 24-25 is attached; and, WHEREAS, the Successor Agency must submit an Oversight Board approved ROPS for the period of July 1, 2024 through June 30, 2025, to the DOF no later than February 1, 2024; and, WHEREAS, per AB 1484, all actions taken by the Oversight Board must be adopted by resolution. NOW THEREFORE, THE LOS ANGELES COUNTY FIRST SUPERVISORIAL DISTRICT CONSOLIDATED OVERSIGHT BOARD DOES HEREBY RESOLVE AND FIND AS FOLLOWS: SECTION 1. The ROPS 24-25 for the period of July 1, 2024 through June 30, 2025 attached hereto as Attachment 3 is hereby approved. SECTION 2. Successor Agency staff are directed to provide a copy of this Resolution along with the approved ROPS to the County Executive Officer, the County Auditor - Controller, the State Controller's Office, and the State Department of Finance. PASSED, APPROVED AND ADOPTED this 6th day of December 2023, by the following vote: Ayes: Noes: Abstain: Absent: Steve Koffroth Chair First District Consolidated Oversight Board ATTEST: Cesar Hernandez, Deputy Clerk First District Consolidated Oversight Board