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08.07.24 Staff Report
Agenda 5:00 ► Mayor Emmanuel J. Estrada Mayor Pro Tem Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Monica Garcia 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. U-m7wrixTrw The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online L Most City Council meetings take Audio streaming will be available at https://www.youtube.com/channel/UCFLZO dDFR�y59rhiDZ93Fr�/featured?view as=subscriber place at City Hall, 14403 E. Pacific hgo://baldwinaark.granicusxom/ViewPubtisherphp?view id=90 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. 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. i There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to commentskbaldwinpark.com. Written comments will be distributed and will be made part of the written record but will NOT be read verbally at the meeting. CALL TO ORDER ROLL CALL PUBLIC COMMUNICATIONS OPEN SESSION/STUDY SESSION Presentation — Baldwin Park Police Department's Unmanned Aerial System (UAS) Program RECESS CLOSED SESSION 1. Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956: Case: Cetina, Huerta, Jimenez, Parra, Real, Case No. 22STCV14121 Valdivia v. City of Baldwin Park 2. Conference with Real Property Negotiators Pursuant to California Government Code, Section 54956.8 Property: Property Adjacent to Barnes Park - Assessor Parcel Number: 8550-004-026 Agency negotiator: Enrique Zaldivar, CEO; Sam Gutierrez, Director of Public Works Negotiating parties: Consumers Holding Company Under negotiation: Price & Terms of Payment ADJOURNMENT Calo171Y111NE 13011 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) 960-401.1 ext. 466 or via e-mail at sguinonesgbaldwinpark.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 11) AUTHORITYCITY COUNCIL/ HOUSING REGULAR Agenda August 07, 24 7:00 . Mayor/Chair Mayor Pro Tern/Vice Chair Councilmember/Member Councilmember/Member Councilmember/Member Emmanuel J. Estrada Jean M. Ayala Alejandra Avila Daniel Damian Monica Garcia 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. watchHow to The City of Baldwin Park provides two ways to watch a City Council or any of its Agencies meetings: In Person Most City Council meetings take place at City Hall, 14403 E. Pacific Ave., Baldwin Park, CA 91706 Reasonable Accommodations Online Lai Audio streaming will be available at https:llwww. voutube.comlchannellUCFLZ0 dDFRiv59rhiDZ13Falfeatured?view as=subscriber http:/lbaldwinpark.granicus.com/ViewPublisher.phpNiew id=10 Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-401.1. The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Clerk. There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council Meetings to comments(a)baldwinpark.com. Written comments will be distributed and will be made part of the written record but will NOT be read verbally at the meeting Notice Regarding ing 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 ROLL CALL REPORT FROM CLOSED SESSION ANNOUNCEMENTS The City Council are also members of the Board of Directors of the Housing Authority which is concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting. PROCLAMATIONS COMMENDATIONS & PRESENTATIONS Presentation — Hometown Hero Military Banner presented to Everett N. Marquez, served in the United States Marines Corps and Eduardo Israel Olmos, served in the United States Army Proclamation presented to Luis de Luna Sandoval from Fresnillo, Zacatecas for coordinating the 2024 Baldwin Park Fresnillo City to City Friendship Basketball Tournament. Presentation — Oath of Office of Police Officers Officers Anthony Pulido Leander Benjamin III Alfredo Leal Daniel Vasquez Carlos Camarena Ricardo Bugarin Records Specialist II Brandio Mancio 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. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Meeting Minutes of July 17, 2024 It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and the Housing Authority Meeting held on July 17, 2024. 3. Approval of Parcel Map No. 84199 to consolidate five (5) lots, abandon a street right- of-way, and a City parking lot into one (1) approximate 92,680 square foot lot for the development of the Zocalo Civic Plaza Project It is recommended that the City Council: 1. Approve Parcel Map No. 84199, and 2. Authorize the City Clerk to execute and transmit Parcel Map No. 84199 to the County of Los Angeles for recordation. 4. Approve a Request for Proposal for Jail Facility Staffing and Support Services It is recommended that the City Council I. Approve the release of the Request for Proposal; and 2. Direct staff to review and rank the responses to the RFP based on the evaluation criteria; and 3. Present a recommendation to the City Council, including a cost estimate, for the award of the contract. Approval of Payment for Automated License Plate Readers ("ALPR") Camera Subscription from Flock Safety (Flock Group, Inc.) for Fiscal Years 2022-23 and 2023- 24 It is recommended that the City Council 1. Approve the payment of two invoices (INV-37827 and INV-37828) for the continued lease of thirty (30) Automated License Plate Reader Cameras from Flock Group INC., for the periods specified above, each in the amount of $78,500.00, for a total of $157,000.00; and 2. Authorize the Director of Finance to transfer the funds previously approved and allocated in the Police Department budget line item 100-30-310-51100-00000 (Consultant Services) to 100-30-310-58140-00000 (Lease Expense) and process the payments; and 3. Authorize the Chief of Police or his designee to complete all appropriate documentation to process the payments. 6. Consideration of Adoption of Resolution No. 2024-040 Authorizing the Chief Executive Officer to Enter into the Settlement Agreement with Kroger Co., Revert Funds to the County of Los Angeles, and to Execute any Documents Necessary to Implement the Action Unless the City intends to pursue its own litigation against Kroger Co., it is recommended that the City Council opt into the Settlement Agreement, revert settlement funds to the County of Los Angeles, and authorize the Chief Executive Officer to execute any documents necessary to implement the action. 7. Adoption of Resolution No. 2024-039 Certifying the Application For Grant Funds, Accepting Grant Funds in the Amount of $282,560.00, And Authorizing the Chief of Police to execute The California Cannabis Tax Fund Grant Agreement Staff recommends City Council adopt Resolution No. 2024-039 certifying the CTFGP application, accepting grant funds in the amount of $282,560.00 and authorizing the Chief of Police to execute the CTFGP grant agreement. 8. Award Professional Services Agreement to John L. Hunter and Associates to Perform Commercial and Industrial Inspections for Stormwater Quality Compliance. It is recommended that the City Council: 1. Authorize the Mayor to execute a Professional Service Agreement with John L. Hunter and Associates (JLHA) in the amount not to exceed of $74,850.00 for assistance with NPDES and Industrial Waste Program Inspections; and 2. Authorize the Director of Finance to appropriate an amount not -to -exceed $17,000 from Account 258-50-510-51100-15400 and $57,850 from Account 249-50-510- 51100-15400 to fully fund the professional services; and 3. Authorize the Public Works Director to process the necessary documentation for the requested services. 9. Accept Plans and Specifications and Authorization to Publish Notice Inviting Bids for City Project No. CIP 24-001-55027 — Morgan Park Restroom Improvements It is recommended that the City Council accept and approve the plans and specifications for City Project No. CIP 24-001-55027 and authorize staff to publish a Notice Inviting Bids for construction. 10. Approval of a two-year extension of the Affordable Homeownership Expansion Agreement and update to the Project Activities Implemented by the San Gabriel Valley Habitat for Humanity. Staff recommends that the City Council: 1. Authorize the Chief Executive Officer to approve a no -cost two-year extension of the Affordable Homeownership Expansion Agreement and update to the Project Activities and associated funding sources; and 2. Authorize the Director of Finance to appropriate funding for this updated Program and Project Activities and make the necessary budget adjustment. 11. Adoption of Resolution No. 2024-038 to Approve Commercial Cannabis Agreement No. 24-02 and Cannabis Permit Application No. 23-03 for a New Cannabis Manufacturing and Self -Distribution Business at an Existing Cannabis Manufacturing Facility within the I, Industrial Zone (Location: 1.5023 Ramona Blvd., APN 8437-021- 006); Applicant: California Harvest Fund, LLC; Case Number: CCA 24-02 for CAN 23-03). Staff recommends that the City Council: Adopt Resolution No. 2024-038 to Approve Commercial Cannabis Agreement No. 24-02 and Cannabis Permit Application No. 23-03 for a New Cannabis Manufacturing and Self - Distribution Business at an Existing Cannabis Manufacturing Facility within the I, Industrial Zone (Location: 15023 Ramona Blvd., APN 8437-021-006); Applicant: California Harvest Fund, LLC; Case Number: CCA 24-02 for CAN 23-03). REPORTS OF OFFICERS CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION HOUSING AUTHORITY CONSENT CALENDAR 1. Baldwin Park Housing Authority's Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. 2. Treasurer's Report HA — May 2024 Staff recommends that the Board receive and file the Treasurer's Report for May 2024. 3. Treasurer's Report HA — June 2024 Staff recommends that the Board receive and file the Treasurer's Report for June 2024. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION CEO Zaldivar and City Attorney Tabares would like to provide a brief oral update on the status of the LA County proposed sales tax Ballot Measure to replace the existing Measure H, which will expire in 2027. 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 information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at squinonesL&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 34.102.1.04 ADA TITLE II) ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance sn �a�R'E� PREPARED BY: Ana Zhang, Senior Finance Clerk '��n �arruw DATE: August 7, 2024 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $1,332,935.64 and the attached General Warrants Register was $2,304,718.20 for a total amount of $3,637,653.84. 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 202506 to 202550 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 48286 to 48937 for the period June 23, 2024, through July 20,2024 inclusive; these are presented and hereby ratified in the amount of $1,332,935.64. General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $482,617.90 and checks from 246970 to 247347 in the amount of $1,822,100.30 for the period of July 9, 2024 to July 29, 2024, inclusive; in the total amount of $2,304,718.20 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 '} Check Register ff �r City of Baldwin Park, CA By (None) Payment Dates 7/9/2024 - 7/29/2024 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 1064 07/12/2024 BALDWIN PARK PDA POLICE SWORN DUES 100-00-000-21219-00000 S 5.507.95 1064 07/12/2024 BALDWIN PARK POA POLICE NON -SWORN DUES 100-00-000-21219-00000 $ 1,371,01 1065 07/26/2024 BALDWIN PARK PDA POLICE SWORN DUES 100-00-000-21219-00000 $ 5,507.95 1065 07/26/2024 BALDWIN PARK PDA POLICE NON -SWORN DUES 100-00-000-21219-00000 $ 1,371,01 246970 07/11/2024 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ (19.17) 246970 07/11/2024 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 14.74 246970 07/11/2024 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 204.95 246970 07/11/2024 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 $ 73.72 246970 07/11/2024 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 344.93 246970 07/11/2024 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 $ 73.72 246971 07/11/2024 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 195,52 246971 07/11/2024 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 3,472.30 246971 07/11/2024 MUNICIPAL DENTAL POOL RETRO DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 18.76 246971 07/11/2024 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-00000 $ 522.00 246971 07/11/2024 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 3,630.30 246971 07/11/2024 MUNICIPAL DENTAL POOL RETRO DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 $ 18.76 246971 07/11/2024 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-00000 $ 522.00 246972 07/11/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ (43.08) 246972 07/11/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 53.94 246972 07/11/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 1,054.68 246972 07/11/2024 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 1,099.02 246973 07/11/2024 AARDVARK FIRST RESPONDER GAS MASK KITS 100-30-340-53100-00000 $ 14,125.74 246974 07/11/2024 ALISHAAGUILERA REFUND -SWIM LESSONS-6/17-27/2024 100-60-000-42600-00000 $ 47.00 246975 07/11/2024 ALTEC INDUSTRIES INC REPAIRS OF HYDRAULIC LEAK OF BOOM TRUCK-10/19/23 402-50-590-53371-00000 $ 5,555.50 246976 07/11/2024 APN LANDSCAPING INC LANDSCAPE RENOVATION TO DE ANZA ELEMENTARY 251-50-520-58100-55037 $ 22,890.00 246976 07/11/2024 APN LANDSCAPING INC LANDSCAPE RENOVATION TO DE ANZA ELEMENTARY 254-50-520-58100-55037 $ 22,890.00 246977 07/11/2024 ARCHITERRA INC LANDSCAPE PLAN CHECKING SRVC-5/25-6/24/2024 100-40-000-22350-14135 $ 468.75 246978 07/11/2024 AUTOMATION SOLUTIONS, INC. REMOVE CONCRETFJRENCH - 3770 BALDWIN PARK-062524 240-50-562-51101-00000 $ 6,968.56 246979 07/11/2024 B&B TIRE SERVICE 1 TIRE MOUNT-6/14/2024 402-50-590-53371-00000 $ 60.00 246979 07/11/2024 B&B TIRE SERVICE 2-TIRES REPAIRS-6/21/2024 402-50-590-53371-00000 $ 100.00 246980 07/11/2024 BETSON COIN -OP DISTRIBUTING COMPANY, INC. A SUBSIDIARY OF H. BEER INDUSTRIES, INC. EXTREME SHOT ARCADE GAME 3/EA.INCLUDES 275-60-765-58110-56002 $ 13,361,80 246980 07/11/2024 BETSON COIN -OP DISTRIBUTING COMPANY, INC. A SUBSIDIARY OF H. BEER INDUSTRIES, INC REMAINING BALANCE-XTREME SHOT ARCADE GAME YEA 275-60-765-58110-56002 $ 1,583.66 246981 07/11/2024 HMO BANK N.A. SANCTION APP. FOR THE PRIDE OF VALLEY 5K-8/3/2024 100-00-000-13000-00000 $ 319.58 246981 07/11/2024 HMO BANK N.A. VIZIO SMART TV KEYBOARD REMOTES 100-60-610-53100-00000 $ 21,53 246981 07/11/2024 HMO BANK N.A. THERMAL PAPER ROLLS FOR THE FROUNT COUNTER 100-60-610-53100-00000 $ 47.86 246981 07/11/2024 HMO BANK N.A. FLYERS FOR DOWNTOWN ST MARKET 100-60-610-53100-16101 $ 569.40 246981 07/11/2024 HMO BANK N.A. POSTERS FOR THE SUMMER CONCERTS 100-60-610-53100-16144 $ 162.40 246981 07/11/2024 HMO BANK N.A. PRIDE MONTH POSTERS FOR THE SUMMER CONCERTS 100-60-610-53100-16144 $ 10.00 246981 07/11/2024 HMO BANK N.A. PURCHASE OF BANNER FOR THE SUMMER CONCERTS 100-60-610-53100-16144 $ 485.10 246981 07/11/2024 HMO BANK N.A. FLYERS FOR THE SUMMER CONCERTS 100-60-610-53100-16144 $ 569.40 246981 07/11/2024 HMO BANK N.A. DROPBOX SUBSCRIPTION -THE BP NOW LIVE -RENEWS 7/1/24 100-60-610-53330-00000 $ 11,99 246981 07/11/2024 HMO BANK N.A. DROPBOX FEE FOR BP NOW LIVE -RENEWS 6/1/2024 100-60-610-53330-00000 $ 11,99 246981 07/11/2024 HMO BANK N.A. SG VALLEY NEWS SUBSCRIPTION -RENEWAL 6/1/2024 100-60-610-53330-00000 $ 26.00 246981 07/11/2024 HMO BANK N.A. NETFLIX MONTHLY FEE(c),SENIOR CENTER-6/20-7/19/24 100-60-630-53330-00000 $ 3.87 246981 07/11/2024 HMO BANK N.A. NETFLIX MONTHLY FEE -SENIOR CENTER-5/20-6/19/2024 100-60-630-53330-00000 $ 3.87 246981 07/11/2024 HMO BANK N.A. FOOD FOR THE SUMMER DAY CAMP PARTICIPANTS 100-60-650-53100-00000 $ 92.48 246981 07/11/2024 HMO BANK N.A. NETFLIX MONTHLY FEE -TEEN CENTER-5/20-6/19/2024 100-60-660-53330-00000 $ 11,86 246981 07/11/2024 HMO BANK N.A. NETFLIX MONTHLY FEE(dTF,EN CENTER-6/20-7/19/24 100-60-660-53330-00000 $ 11,86 246981 07/11/2024 BMO BANK N.A. NETFLIX MONTHLY FEE-BARNES PARK-5/20-6/19/2024 100-60-670-53330-15100 $ 3.87 246981 07/11/2024 BMO BANK N.A. NETFLIX MONTHLY FEE-BARNES PARK-6/20-7/19/2024 100-60-670-53330-15100 $ 3.87 246981 07/11/2024 BMO BANK N.A. PRINTING SERVICES FOR ARC FLYERS. 100-60-680-53320-00000 $ 275.94 246981 07/11/2024 BMO BANK N.A. NETFLIX MONTHLY FEE-ARC-5/20-6/19/2024 100-60-680-53330-00000 $ 3.88 246981 07/11/2024 BMO BANK N.A. NETFLIX MONTHLY FEEna,THE ARC-6/20-7/19/2024 100-60-680-53330-00000 $ 3.88 246981 07/11/2024 BMO BANK N.A. SG VALLEY NEWS SUBSCRIPTION -RENEWAL 6/29/2024 100-60-680-53330-00000 $ 26.00 246981 07/11/2024 BMO BANK N.A. DEPOSIT -ADMISSION TICKETS FOR SUMMER DAY-7/10/24 501-60-000-22328-00000 $ 150.00 246982 07/11/2024 BMO BANK N.A. SGV CHAPTER MEETING 7/10/2024 100-00-000-13000-00000 $ 80.00 246982 07/11/2024 BMO BANK N.A. TONER FOR FIR 100-10-150-53100-00000 $ 720.04 246982 07/11/2024 BMO BANK N.A. SUPPL:,IES FOR FINANCE 100-20-210-53100-00000 $ 327.92 246982 07/11/2024 BMO BANK N.A. SUPPLIES FOR FINANCE 100-20-210-53100-00000 $ 36.70 246982 07/11/2024 BMO BANK N.A. CAPITAL ASSET - 6/19/2024 100-20-210-53200-00000 $ 150.00 246982 07/11/2024 BMO BANK N.A. WEBINAR 500 - 6/16-7/15/2024 401-10-140-53370-11602 $ 41.20 246983 07/11/2024 BMO BANK N.A. ROLLING CART -CITY CLERK 100-10-120-53100-00000 $ 110.23 246983 07/11/2024 BMO BANK N.A. ROLLING CART FOR OFFICE 100-10-150-53100-00000 $ 125.69 246983 07/11/2024 BMO BANK N.A. FLAG LETTERHEAD PAPER. USE FOR OATH 100-10-150-53100-00000 $ 46.28 246983 07/11/2024 BMO BANK N.A. AIRTAG HOLDER -CEO 100-10-150-53100-00000 $ 98.10 246983 07/11/2024 BMO BANK N.A. DECORATIONS FOR F MPLOYF,E APPRECIATION EVENT 100-10-150-53370-11123 $ 15.42 246983 07/11/2024 BMO BANK N.A. DECORATIONS FOR EMPLOYEE APPRECATION EVEN]' 100-10-150-53370-11123 $ 220.52 246984 07/11/2024 BOWMAN INFRASTRUCTURE ENGINEERS LTD 3/1-4/30/2024-DESIGN-BIG DAUFON TRAIL-1020.108 270-50-520-58100-55008 $ 823.75 246985 07/11/2024 BOWMAN INFRASTRUCTURE ENGINEERS LI'D ENGINEERING PLAN CI-IECK-BARNES PARK-4/l/23-3/31/24 258-50-520-58100-55001 $ 2,166.00 246986 07/11/2024 BSN SPORTS EQUIPMENT&SUPPLIES-YOUTH SPORTS 501-60-000-22326-00000 $ 99.23 246987 07/11/2024 CACEO WEBINAR-PROMOTING YOURSELF INTERNALLY-6/19/2024 100-40-460-51100-00000 $ 54.00 Page 1 of 9 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 246997 07/11/2024 CACEO WEBINAR-SITUATION AWARENESS SPECIALIST-6/25/2024 100-40-460-51100-00000 $ 130.00 246998 07/11/2024 CAL BLEND SOILS INC BULK LANDSCAPE PRODUCTS 251-50-560-53100-00000 $ 71,66 246989 07/11/2024 CALIFORNIA DISCOUNT GLASS REST DOOR STOPS FOR SENIOR CENTER 252-60-620-53100-00000 $ 175.00 246990 07/11/2024 CARLA GUTIERREZ BALLOONS FOR FATHERS DAY-6/14/2024-SENIOR CENTER 501-60-000-22327-00000 $ 200.00 246990 07/11/2024 CARLA GUTIERREZ BALLOONS FOR PRIDE CEL.-6/20/2024-SLIMMER CONCERT 230-60-610-51100-16144 $ 200.00 246991 07/11/2024 CHICAS GRAPHICS AND DESIGN NO PARKING SIGN FOR CONCERT IN THE PARK EVENT 246-50-550-53100-16144 $ 275.63 246991 07/11/2024 CHICAS GRAPHICS AND DESIGN FIFTEEN MILITARY BANNERS 254-50-550-53100-15705 $ 1.653.75 246992 07/11/2024 CITY OF EL MONTE APR 2024-FUEL COST FOR TRANSIT.DIAL A RIDE 402-50-590-53110-16140 $ 3.670.37 246993 07/11/2024 DANIELS TIRE SERVICE. INC. TIRES FOR FLEET AND PD VEHICLES 402-50-590-53100-00000 $ 3.625.36 246993 07/11/2024 DANIELS TIRE SERVICE, INC. TIRES FOR FLEET AND PD VEHICLES 402-50-591-53100-00000 $ 2,031,88 246993 07/11/2024 DANIELS TIRE SERVICE, INC. TIRES FOR FLEET AND PD VEHICLES 402-50-591-53100-00000 $ 574.95 246993 07/11/2024 DANIELS TIRE SERVICE, INC. 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ENGINES INC. REPAIRS TO POLICE UNIT UNIT 3133-5/29/2024 402-50-591-5337 1 -00000 $ 2,299.63 247013 07/11/2024 J.P. ENGINES INC. MAINTENANCE ON UNIT 5021 - 6/26/2024 402-50-590-5337 1 -00000 $ 1.301,98 247014 07/11/2024 JOHN L HUNTER &ASSOCIATES INC JAN 2024-CONSULTANT SRVC FOR CITY'S NPDES STORM 258-50-510-51100-15400 $ 292.50 247014 07/11/2024 JOHN L HUNTER & ASSOCIATES INC JAN 2024-CONSULTANT SRVC FOR CITY'S NPDES STORM 100-50-510-51100-00000 $ 995.00 247014 07/11/2024 JOHN L HUNTER &ASSOCIATES INC FEB 2024-CONSULTANT SRVC FOR CITY'S NPDES STORM 100-50-510-51100-00000 $ 995.00 247014 07/11/2024 JOHN 1:.. HUNTER &ASSOCIATES INC FEB 2024-CONSULTANT SRVC FOR CITY'S NPDES STORM 258-50-510-51100-15400 $ 435.00 247014 07/11/2024 JOHN 1:.. HUNTER &ASSOCIATES INC MAR 2024-CONSULTANT SRVC FOR CITY'S NPDES STORM 258-50-510-51100-15400 $ 1.226.25 247015 07/11/2024 JUSTREWARDS GIFT CARDS FOR EMPLOYEE TRANSPORTATION PROGRAM 231-50-540-53120-00000 $ 111.50 247016 07/11/2024 LA CANADA DESIGN GROUP INC FEB 2024-CONSTRUCTION ADMIN-ZOCALO PARK-0664G 200-50-520-58100-55022 $ 2.307.50 247016 07/11/2024 LA CANADA DESIGN GROUP INC APR 2024-CONSTRUCTION ADMIN-ZOCALO PARK-0664G 200-50-520-58100-55022 $ 512.50 247016 07/11/2024 LA CANADA DESIGN GROUP INC MAY 2024-ARCHITECTURAL&ENGINEERING DESIGN 200-50-520-58100-55022 $ 1305.00 247016 07/11/2024 LA CANADA DESIGN GROUP INC MAY 2024-ARCHITECTURAL&ENGINEERING DESIGN 200-50-520-58100-55022 $ 8,574.15 247017 07/11/2024 LOS ANGELES COUNTY PUBLIC WORKS APR 2024-LEASE MODIFICATIONS -SG RIVER-M1922010 245-50-520-58100-15093 $ 975.68 247018 07/11/2024 MARCO INDUSTRIES, INC PARTS FOR TYMCO STREET SWEEPERS 402-50-590-53100-00000 $ 1223.93 247018 07/11/2024 MARCO INDUSTRIES, INC REPAIRS FOR TYMCO STREET SWEEPERS 402-50-590-53371-00000 $ 754.20 247019 07/11/2024 MARIPOSA LANDSCAPES INC. 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INC. 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INC CNG FUEL FOR CITY VEHICLES-JUNE 2024 402-50-590-53110-16140 $ 3,937.48 247046 07/11/2024 WAXIE SANITARY SUPPLY 2 BIG BELLY & INSTALLATION BEVERAGE & BOTTLE GRANT 246-50-540-53100-17445 $ 9,225.24 247046 07/11/2024 WAXIE SANITARY SUPPLY 2 BIG BELLY & INSTALLATION BEVERAGE & BOTTLE GRANT 246-50-540-53100-17445 $ 440.00 247047 07/11/2024 WEBCO LB LLC SWEEP VARIOUS CITY PARKING LOTS & PARKING JUNE 24 254-50-560-51101-15734 $ 4,200.00 247048 07/11/2024 ARIADNE GAMBOA RENTAL DEPOSIT REFUND-7/6/2024-SENIOR CENTER 501-60-000-22333-00000 $ 300.00 247049 07/11/2024 ASCAP ANNUAL LICENSING FEE-7/1/24-6/30/2025 100-60-610-53330-00000 $ 176.10 247049 07/11/2024 ASCAP ANNUAL LICENSING FEE-7/1/24-6/30/2025 100-60-630-53330-00000 $ 176.10 247049 07/11/2024 ASCAP ANNUAL LICENSING FEE-7/1/24-6/30/2025 100-60-660-53330-00000 $ 176.10 247049 07/11/2024 ASCAP ANNUAL LICENSING FEE-7/1/24-6/30/2025 100-60-670-53330-15100 $ 176.10 247049 07/11/2024 ASCAP ANNUAL LICENSING FEE-7/1/24-6/30/2025 100-60-680-53330-00000 $ 176.10 247050 07/11/2024 AUTOMATION SOLUTIONS, INC. 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CERVANTES CASE# RID 1202591- NOE CERVANTES 100-00-000-21225-00000 $ 115.39 247068 07/11/2024 RICOH USA INC MAINTENANCE & OVERAGES FOR 3 RICOH COPIERS 401-10-141-53371-11504 $ 108.17 247068 07/11/2024 RICOH USA INC LEASE PAYMENTS, MAINTENANCE /OVERAGES 6/25-7/24/24 401-10-141-58140-11504 $ 710.12 247069 07/11/2024 RMF ENTERTAINMENT INC. ENTERTAINMENT 8-1-24 BAND GRUPO AZABACHE 100-60-610-51100-16101 $ 2,520.00 247070 07/11/2024 SMART &FINAL MATERIALS/SUPPLIES SUMMER SPLASH PARTY MORGAN PARK 100-60-610-53100-00000 $ 2389.37 247070 07/11/2024 SMART & FINAL MATERIALS/SUPPLIES SR. 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MARKET 8/1/24 100-60-610-51100-16101 $ 2,540.00 247072 07/11/2024 STILO ROL,AS, INC MUSIC ENTERTAINMENT DOWNTOWN STREET MARKET 8/15/24 100-60-610-51100-16101 $ 460.00 247072 07/11/2024 STIL.O ROL,AS, INC MUSIC ENTERTAINMENT DOWNTOWN STREET MARKET 8/15/24 230-60-610-51100-16101 $ 380.00 247073 07/11/2024 VILMA STELLA DIAZ ENTERTAINMENT8-8-24 VILMA DIAZ Y LA SONORA 100-60-610-51100-16101 $ 2,520.00 247074 07/11/2024 WALTE.RS WHOLESALE ELECTRIC CO. MATERIALS & SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 161.85 247075 07/11/2024 WINNER PARTY INC. MATERIALS & SUPPLIES FOR SENIOR CENTER 7/4/2024 100-60-610-53100-00000 $ 4.37 247076 07/18/2024 ADAM SANDOVAI- REIM-ARP SENIOR TRIP -FATHER'S DAY BIZEAKFAST-6/14 275-60-726-53370-16074 $ 8.00 247077 07/18/2024 AGUSTIN BARAJAS ARPA REIM-REGIST SUMMER CAMP-6/10-6/28/2024 275-60-734-53370-16077 $ 555.00 247078 07/18/2024 AT&T MOBILE DATA COMPUTE;RS-6/1-6/30/2024-AC#9391082045 100-30-310-53403-00000 $ 1 A41.94 Page 3 of 9 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 247078 07/18/2024 AT&T JUN 2024-MOBILE DATA COMPUTERS-ACT#9391082046 100-30-310-53403-00000 $ 1.441,94 247079 07/18/2024 AT&T MOBILITY MOBILE DATA COMPUTERS-6/3-7/2/2024 DUE JUL 25 100-30-310-53403-00000 $ 1.744,31 247080 07/18/2024 AYUME LAM ARPA REIM-REGIST-SUMMER CAMP-6/10-6/28/2024 275-60-734-53370-16077 $ 285.00 247081 07/18/2024 BENNY HUYNH REIM-ARP SENIOR TRIP -FATHER'S DAY BREAKFAST-6/14 275-60-726-53370-16074 $ 16.00 247082 07/18/2024 BIG STUDIO 2024 BP BOXING CLUB ANNUAL PROMOTIONAL TSHIRT 501-60-000-22328-16130 $ 3.204,42 247083 07/18/2024 CARLOS VALLE JUN 2024-JANITORIAL SRVC FOR CITY FACILITIES 100-60-620-53371-00000 $ 9.252.00 247083 07/18/2024 CARLOS VALLE JUN 2024-JANITORIAL SRVC FOR CITY FACILITIES 245-60-620-53371-15882 $ 2.692.00 247083 07/18/2024 CARLOS VALLE JUN 2024-JANITORIAL SRVC FOR CITY FACILITIES 252-60-620-53371-00000 $ 1.364.00 247083 07/18/2024 CARLOS VALLE REMAINING BALANCE-JUN 2024-JANITORIAL SRVC 252-60-620-53371-00000 $ 590.00 247084 07/18/2024 CELIDA DIAZ GARIBALDO REIM-ARP SENIOR TRIP -FATHER'S DAY BREAKFAST-6/14 275-60-726-53370-16074 $ 8.00 247085 07/18/2024 CHRISTOPHER SAENZ ARPA REIM-REGIST SUMMER CAMP-6/10-6/28/2024 275-60-734-53370-16077 $ 285,00 247086 07/18/2024 CONCENTRA HEALTH SERVICES, INC PHYSICAL EXAM FOR EMPLOYEE-5/24-5/28/2024 100-10-150-51101-11122 $ 586.00 247087 07/18/2024 CYNTHIA J. LEON ARPA REIM-REGIST-SUMMER CAMP-6/10-6/28/2024 275-60-734-53370-16077 $ 285,00 247088 07/18/2024 CYNTHIA L. SAENZ POLYGRAPH EXAMS FOR PD APPLICANTS-5/23-6/19/2024 100-30-310-51100-00000 $ 3,900.00 247089 07/18/2024 DAVID EVANS AND ASSOCIATES INC. PLAN CHECK -LP 24-03-PLANET FITNESS-2/4-3/2/2024 100-40-000-22350-14133 $ 795,50 247089 07/18/2024 DAVID EVANS AND ASSOCIATES INC. PLAN CHECK -LP 24-03 & LP 24-02 - 3/3-3/30/2024 100-40-000-22350-14133 $ 2,136.50 247090 07/18/2024 DEPARTMENT OF JUSTICE JUN 2024-FINGERPRINTING SRVC 100-10-150-51101-11124 $ 32.00 247090 07/18/2024 DEPARTMENT OF JUSTICE JUN 2024-FINGERPRINTING SRVC 100-30-310-51100-00000 $ 822.00 247091 07/18/2024 DESERIE C. DURAN ARPA REIM-REGIST SUMMER CAMP-6/10-6/28/2024 275-60-734-53370-16077 $ 285,00 247092 07/18/2024 DULCE M. CRUZ CATERING SRVC-WELLNESS WALK-6/21/2024 100-25-299-53100-00000 $ 937.00 247093 07/18/2024 DULCE M. CRUZ APPETIZERS FOR PRIDE CEL.-6/20/2024-SUMMER CONCERT 230-60-610-51100-16144 $ 150.00 247094 07/18/2024 EAST SAN GABRIEL VALLEY JUN 2024-EXPENDITURES-CDBG PUBLIC SERVICE AGENCY 220-40-420-53360-14830 $ 416.69 247095 07/18/2024 ELVIRA SANCHEZ ARPA REIM-REGIST-SUMMER CAMP-6/10-6/28/2024 275-60-734-53370-16077 $ 285.00 247096 07/18/2024 ERICA HERNANDEZ ARPA REIM-REGIST-SUMMER CAMP-6/17-6/28/2024 275-60-734-53370-16077 $ 370.00 247097 07/18/2024 EVANGELINANAVARRO REIM-ARP SENIOR TRIP -FATHER'S DAY BREAKFAST-6/14 275-60-726-53370-16074 $ 16.00 247098 07/18/2024 FORENSIC NURSE SPECIALIST, INC SEXUAL ASSAULT EXAM-6/11/2024 100-30-310-51100-00000 $ 2,400.00 247099 07/18/2024 GENOVEVAPEREZ ARPA REIM-REGIST-SUMMER CAMP-6/10-6/28/2024 275-60-734-53370-16077 $ 285.00 247100 07/18/2024 GENTRY GENERAL ENGINEERING INC CONSTRUCTION -COMPLETION OF CALINO SEWER-CIP22-040 275-50-752-58100-55021 $ 277,208.23 247101 07/18/2024 GRAINGER, INC. 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HERNANDEZ REIM-ARP SENIOR TRIP -FATHER'S DAY BREAKFAST-6/14 275-60-726-53370-16074 $ 16.00 247109 07/18/2024 JOSE SANTOS ARPA REIM-REGIST-SUMMER CAMP-6/10-6/28/2024 275-60-734-53370-16077 $ 285.00 247110 07/18/2024 JUAN RUVALCABA REIM-ARP SENIOR TRIP -FATHER'S DAY BREAKFAST-6/14 275-60-726-53370-16074 $ 8.00 247111 07/18/2024 KAREN GILBERT ARPA REIM-REGIST-SUMMER CAMP-6/17-6/28/2024 275-60-734-53370-16077 $ 190.00 247112 07/18/2024 KATHY BARRON REIM-ARP SENIOR TRIP -FATHER'S DAY BREAKFAST-6/14 275-60-726-53370-16074 $ 8.00 247113 07/18/2024 KEYSTONE UNIFORMS UNIFORMS FOR OFC GOBLE 100-30-310-53100-00000 $ 275.51 247114 07/18/2024 LIEBF,RT CASSIDY WHITMORE JAN 2024-GONZALEZ INVESTIGATION ADVICE 403-10-150-51102-11106 $ 210.00 247114 07/18/2024 LIEBF,RT CASSIDY WHITMORE JAN 2024-INVESTIGATION RE OFFICERS VALDIVIA &REAL 403-10-150-51102-11106 $ 28.50 247114 07/18/2024 LIEBF,RT CASSIDY WHITMORE JAN 2024-ADVICE RE SERGIO GARCIA&ALEX ASENCIO INVE 403-10-150-51102-11106 $ 2,292.00 247114 07/18/2024 LIEBF,RT CASSIDY WHITMORE JAN 2024-ADVICE RE ANDRE VILLALOBOS INVESTIGATION 403-10-150-51102-11106 $ 975.00 247114 07/18/2024 LIEBF,RT CASSIDY WHITMORE JAN 2024-ADVICE RE OTONIEL GAMBOA INVESTIGATION 403-10-150-51102-11106 $ 910.50 247114 07/18/2024 LIEBF,RT CASSIDY WHITMORE JAN 2024-ADVICE RE PARRA INVESTIGATION 403-10-150-51102-11106 $ 475.50 247114 07/18/2024 LIEBF,RT CASSIDY WHITMORE JAN 2024-ADVICE RE HERRERA INVESTIGATION 403-10-150-51102-11106 $ 121,50 247114 07/18/2024 LIEBF,RT CASSIDY WHITMORE JAN 2024-ANTHONY CABRIALES ADVICE 403-10-150-51102-11106 $ 28.50 247114 07/18/2024 LIEBF,RT CASSIDY WHITMORE JAN 2024-HERRERA INVESTIGATION 403-10-150-51102-11106 $ 2,508.00 247114 07/18/2024 LIEBF,RT CASSIDY WHITMORE JAN 2024-LEGAL BILL -GENERAL 403-10-150-51102-11106 $ 3.273.00 247115 07/18/2024 LIZETH LUZANILLA RENTAL DEPOSIT REFUND-6/29/2024-ARTS&RECREATION 501-60-000-22333-00000 $ 500.00 247116 07/18/2024 LORRAINE MENDEZ JUN 2024-HUD PROGRAM ADMIN TASKS 220-40-420-51101-14700 $ 1.991.25 247117 07/18/2024 LUCID MORENO ARPA REIM-REGIST-SUMMER CAMP-6/10-6/28/2024 275-60-734-53370-16077 $ 285.00 247118 07/18/2024 MAJESTIC FIRE PROTECTION INC QUARTERLY TEST (&, COMMUNITY CENTER -3/31 /2024 252-60-620-5337 1 -00000 $ 550.00 247119 07/18/2024 MANUEL, CARRILLO. JR SHIP OUT EV CHARGERS INSIDE CITYHALL PARKING-6/26 245-60-620-5337 1 -00000 $ 56.55 247120 07/18/2024 MARIA L.UISA ROMO REIM-ARP SENIOR TRIP -FATHER'S DAY BREAKFAST-6/14 275-60-726-53370-16074 $ 16.00 247121 07/18/2024 MARIA MAROUEZ REIM-ARP SENIOR TRIP -FATHER'S DAY BREAKFAST-6/14 275-60-726-53370-16074 $ 16.00 247122 07/18/2024 MARIA VICTORIA TZEC REIM-ARP SENIOR TRIP -FATHER'S DAY BREAKFAST-6/14 275-60-726-53370-16074 $ 8.00 247123 07/18/2024 MARLENE RAMOS ARPA REIM-RF,GIST-SUMMER CAMP-6/10-6/28/2024 275-60-734-53370-16077 $ 209.00 247124 07/18/2024 MARLENY MENDOZA ARPA REIM-RF,GIST-SUMMER CAMP-6/10-6/28/2024 275-60-734-53370-16077 $ 285.00 247125 07/18/2024 MARTHA E. 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CONSTRUCTION CONTRACT FOR SUSAN RUBIO JUNE 2024 275-50-765-58100-55022 $ 196.231.06 247133 07/18/2024 PREMIERE FUELING SERVICES INC INSPECTION AND MAINTENANCE FOR FUEL PUMPS 6/20/24 402-50-591-51101-00000 $ 300.00 247133 07/18/2024 PREMIERE FUELING SERVICES INC PIPING FROM TURBINE TO FIBERGLASS PIPING LEAKING 402-50-590-51101-00000 $ 583.42 247133 07/18/2024 PREMIERE FUELING SERVICES INC PIPING FROM TURBINE'TO FIBERGLASS PIPING LEAKING 402-50-591-51101-00000 $ 583.43 247133 07/18/2024 PREMIERE FUELING SERVICES INC INSPECTION AND MAINTENANCE. FOR FUEL PUMPS 6/24/24 402-50-590-51101-00000 $ 766.58 247133 07/18/2024 PREMIERE FUELING SERVICES INC INSPECTION AND MAINTENANCE FOR FUEL PUMPS 6/24/24 402-50-591-51101-00000 $ 466.57 247134 07/18/2024 PRISTINE, UNIFORMS LLC HONOR GUARD UNIFORM FOR OFFICER KEVIN RAMIREZ 100-30-310-53100-00000 $ 1.749.74 247134 07/18/2024 PRISTINE, UNIFORMS LLC HONOR GUARD UNIFORM FOR OFFICER JESSICA SERRANO 100-30-310-53100-00000 $ 1.766.98 Page 4 of 9 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 247135 07/18/2024 PROFORMA PRINTING & PROMOTIONAL PRODUCTS. INC. HOMELESS CONTACT CARDS 100-30-330-53320-00000 $ 136.98 247136 07/18/2024 SAN GABRIEL VALLEY EXAMINER ORDINANCE 1510 SUMMARY 100-10-120-53330-00000 $ 60.00 247137 07/18/2024 SAN GABRIEL VALLEY WATER COMPANY COST OF WATER FOR CITY BUILDINGS:CB-5/30-6/27/2024 100-60-620-53402-00000 $ 702.55 247138 07/18/2024 SANDRA J MACARTHUR CONSULTATION&C.URRICULUM DESIGN 8/31/2023-5/31/2024 271-30-310-51101-17201 $ 39.268.75 247139 07/18/2024 SCHINDLER ELEVATOR CORPORATION QUARTERLY MAINTENANCE OF ELEVATORS 6/l/24-6/30/24 100-60-620-51101-00000 $ 2.396.41 247140 07/18/2024 SERVICE FIRST CONTRACTORS MAINTENANCE AQUATIC CTR MORGAN PARK 6/19/2024 252-60-620-53371-00000 $ 165.00 247140 07/18/2024 SERVICE FIRST CONTRACTORS MAINTENANCE AQUATIC CTR MORGAN PARK 6/20/2024 252-60-620-53371-00000 $ 110.00 247140 07/18/2024 SERVICE FIRST CONTRACTORS MAINTENANCE AQUATIC CTR MORGAN PARK 6/24/2024 100-60-620-53100-00000 $ 215.81 247140 07/18/2024 SERVICE FIRST CONTRACTORS MAINTENANCE AQUATIC CTR MORGAN PARK 6/19/2024 252-60-620-53100-00000 $ 215.81 247141 07/18/2024 SOCORRO O. 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JUNE 2024 100-20-210-51101-00000 $ 60.50 247146 07/18/2024 THE SHREDDERS HR-I FUEL SURCHARGE 2-65 GALLON TOTES .JUNE 24 403-10-160-51101-00000 $ 117.00 247146 07/18/2024 THE SHREDDERS PD-DESTRUCTION DEPT CONFIRDENTIAL DOC JUNE 2024 100-30-330-51101-00000 $ 222.00 247147 07/18/2024 T-MOBILE GPS LOCATION-DR24-05544 100-30-340-51100-00000 $ 100.00 247148 07/18/2024 TRIPLE B CORPORATION PURCHASE FOOD/PRODUCT FOR SENIOR MEALS PROGRAM 275-60-713-53100-16075 $ 6,593.01 247148 07/18/2024 TRIPLE B CORPORATION PURCHASE FOOD/PRODUCT FOR SENIOR MEALS PROGRAM 501-60-000-22327-00000 $ 8.49 247149 07/18/2024 CLINE, INC. BLUE 9 UMBRELLAS FOR ESPERANZA VILLAS 100-60-620-53100-00000 $ 682.26 247150 07/18/2024 US BANK VOYAGER FLEET SYS ACCOUNT#869356121 GAS CARD FOR PH PERSONNEL 402-50-591-53110-16140 $ 1.357.84 247150 07/18/2024 US BANK VOYAGER FLEET SYS ACCOUNT#869356121 GAS CARD FOR PH PERSONNEL 402-50-591-53110-16140 $ 1 A04.52 247151 07/18/2024 VERIZON WIRELESS CELL PHONE. 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VALENCIA ARPA REIM-REGIST-SUMMER CAMP-7/1-7/5/2024 275-60-734-53370-16077 $ 149.00 247339 07/25/2024 ELIZABETH ARZOLA ARPA REIM-REGIST-SUMMER CAMP-7/1-7/5/2024 275-60-734-53370-16077 $ 159.00 247340 07/25/2024 FRIJUANNWONG ARPA REIM-REGIST-SUMMER CAMP-7/1-7/5/2024 275-60-734-53370-16077 $ 77.00 247341 07/25/2024 GABRIELA VELASOUEZ ARPA REIM-REGIST-SUMMER CAMP-7/1-7/5/2024 275-60-734-53370-16077 $ 77.00 247342 07/25/2024 INTERMEX INC DEPOSIT -TRANSPORT TO OLD WORLD VILLAGE-10/30/2024 275-60-726-51101-16074 $ 325,00 247343 07/25/2024 JESSICA GONZALEZ ARPA REIM-REGIST SUMMER CAMP-7/1-7/5/2024 275-60-734-53370-16077 $ 159.00 247344 07/25/2024 KAREN KA YIN HO ARPA REIM-REGIST-SUMMER CAMP-7/1-7/5/2024 275-60-734-53370-16077 $ 77.00 247345 07/25/2024 MARIA ESTER ALBINO ARPA REIM-REGIST-SUMMER CAMP-7/1-7/5/2024 275-60-734-53370-16077 $ 149.00 247346 07/25/2024 MARINA L. GARCIA ARPA REIM-REGIST-SUMMER CAMP7/1-7/5/2024 275-60-734-53370-16077 $ 169.00 247347 07/25/2024 RUTH ABIGAIL GAMERO DE ALARCON ARPA BASIC REIM REG. SUMMER CAMP 6/10-6/28/2024 275-60-734-53370-16077 $ 57.75 DFT0009303 07/18/2024 PERS-RETTREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 $ 184.14 DFT0009304 07/18/2024 PERS-RETIREMENT PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-00000 $ 279.60 DFT0009305 07/18/2024 PERS-RETIREMENT PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-00000 $ 289.47 DFT0009306 07/18/2024 PERS-RETIREMENT PERS REDEPOSIT 100-00-000-21206-00000 $ 21,78 DFT0009307 07/18/2024 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 $ 21,332.74 DFT0009308 07/18/2024 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 $ 14,860.46 DFT0009309 07/18/2024 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 $ 7,582.35 DFT0009310 07/18/2024 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 $ 11,358.68 DFT0009331 07/18/2024 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 $ 21,006.57 DFT0009332 07/18/2024 PERS-RETIREMENT PERS SWORN ER REG PAY 100-00-000-21256-00000 $ 22,840.08 DFT0009333 07/18/2024 PERS-RETIREMENT PT PERS MISC CITY PAID 100-00-000-21256-00000 $ 774.40 DFT0009334 07/18/2024 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 $ 23,280.99 DFT0009335 07/18/2024 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 $ 19,623.15 DFT0009347 07/10/2024 MASSMUTUAL EMPOWER 100-00-000-21213-00000 $ 8,725.99 DFT0009348 07/29/2024 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 $ 4.00 DFT0009349 07/29/2024 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 $ 94.82 DFT0009350 07/29/2024 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 $ 120.00 DFT0009352 07/10/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-2123 1 -00000 $ 934.01 DFT0009353 07/10/2024 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 5.250.00 DFT0009354 07/29/2024 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 $ 153.48 DFT0009355 07/29/2024 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 $ 207.20 DFT0009356 07/10/2024 INTERNAL REVENUE SERVICE FEDERAL INCOME, TAX PAYMENT 100-00-000-21203-00000 $ 354.51 DFT0009357 07/10/2024 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-2120 1 -00000 $ 497.44 DFT0009358 07/10/2024 STATE, OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 34.36 DFT0009396 07/11/2024 MASSMUTUAL EMPOWER 100-00-000-21213-00000 $ 17,555.00 DFT0009397 07/11/2024 MASSMUTUAL EMPOWER RETIREMENT 100-00-000-21213-00000 $ 3A98.09 DFT0009398 07/11/2024 MASSMUTUAL EMPOWER 100-00-000-21232-00000 $ 1.065.00 DFT0009399 07/11/2024 MASSMUTUAL EMPOWER 100-00-000-21232-00000 $ E278.77 DFT0009400 07/11/2024 AMERICAN FIDELITY ASSURANCE COMPANY FSA-AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 917.45 DFT0009420 07/12/2024 STATE, DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 $ 2.201.36 DFT0009421 07/11/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 252.03 DFT0009422 07/11/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 52.58 DFT0009423 07/11/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 18.81 DFT0009424 07/11/2024 MASSMUTUAL DEFERRED COMP LOAN REPAYMENT 100-00-000-21231-00000 $ 51.54 DFT0009425 07/11/2024 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 3.150.00 DFT0009426 07/11/2024 MASSMUTUAL MASS MUTUAL, CITY PAII> 100-00-000-21257-00000 $ 2.550.00 DFT0009427 07/11/2024 MASSMUTUAL EMPOWER CITY PAID 100-00-000-21257-00000 $ 933.40 DFT0009438 07/11/2024 INTERNAL REVENUE SERVICE FEDERAL. INCOME TAX PAYMENT 100-00-000-21203-00000 $ 119.688.29 DFT0009439 07/11/2024 INTERNAL REVENUE SERVICE SOCIAL, SECURITY PAYMENT 100-00-000-21200-00000 $ 9.626.12 DFT0009440 07/11/2024 INTERNAL REVENUE SERVICE MEDICARE PAYMENT 100-00-000-21201-00000 $ 28.192.68 DFT0009441 07/11/2024 STATE, OF CALIFORNIA EMPLOYMENT STATE INCOME TAX PAYMENT 100-00-000-21202-00000 $ 46.77 L23 DFT0009443 07/29/2024 PERS-RETIREMENT INVO060478-CREDIT 100-00-000-21206-00000 $ (120.00) DFT0009444 07/29/2024 PERS-RETIREMENT INVO060484-CREDIT 100-00-000-21256-00000 $ (207.20) DFT0009448 07/18/2024 AUL HEALTH BENEFIT TRUST AUGUST 2024-RETIREE MIDAMERICA BRA ACH PAYMENT 100-25-299-50223-00000 $ 69,373.25 DFT0009505 07/25/2024 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 $$ 2201 .36 Grand Total: $ 2,304,718.20 Page 9 of 9 ITEM NO. 2 FROM: SAID GABRIEL "" b DATE: �n JA,Ww SUBJECT Honorable Mayor and Members of the City Council Shirley Quinones, Chief Deputy City Clerk August 7, 2024 Meeting Minutes of July 17, 2024 SUMMARY The City Council held the following meetings on July 17, 2024 Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting, and Housing Authority Meeting. RECOMMENDATION It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and the Housing Authority Meeting held on July 17, 2024. FISCAL IMPACT There is no fiscal impact associated with this item. ALTERNATIVES None LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Meeting Minutes of July 17, 2024 Page I / 1 Mayor Emmanuel J. Estrada Mayor Pro Tern Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Monica Garcia These minutes are presented in Agenda order. CALL TO ORDER The meeting was called to order at approximately 5:03 p.m. by Mayor Pro Tern Ayala. ROLL CALL City Clerk Saenz performed roll call: Councilmember Alejandra Avila (present) Councilmember Daniel Damian (present) Councilmember Monica Garcia (present arrived at 5:20 p.m.) Mayor Pro Tern Jean M. Ayala (present, arrived 5:15 p.m.) Mayor Emmanuel Estrada (present) PUBLIC COMMUNICATIONS The Mayor opened public communications at approximately 5:04 p.m., seeing no one wishing to speak public communications was closed. OPEN SESSION/STUDY SESSION RECESS CLOSED SESSION - The City Council recessed to closed session at approximately 5:04 p.m. 1. Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case: K8 Investor Holding, LLC vs City of Baldwin Park No Reportable Action Case No. 2:23-CV-02428-SVW(PVCx) Case: DJCBP Corporation dba Tier One Case No. 2:23-cv-00384 Consulting and David Ju No Reportable Action Case: DJCBP Corporation dba Tier One v City of Baldwin Park et al Los Angeles Superior Court No Reportable Action 07-19-2024 Special City Council Meeting Minutes Page 1 of 2 9 Case: National Prescription Opiate Litigation Case No. 1:17-and-2804 No Reportable Action Conference with Real Property Negotiators Pursuant to California Government Code, Section 54956.8 Property: Susan Rubio Zocalo Park Retail Space Agency negotiator: Enrique C. Zaldivar, CEO; Ron Garcia, Director of Community Development Negotiating parties: La Cocinta Negotiating parties: La Cosecha Mexican Bistro No Reportable Action ADJOURNMENT The meeting was adjourned at approximately 8:54 p.m. by Mayor Estrada. ATTEST: Christopher Saenz, City Clerk Emmanuel J Estrada, Mayor APPROVED: August 7, 2024 07-19-2024 Special City Council Meeting Minutes Page 2 of 2 Mayor Emmanuel J. Estrada Mayor Pro Tern Jean M. Ayala Councilmember Alejandra Avila Councilmember Daniel Damian Councilmember Monica Garcia These minutes are presented in Agenda order. CALL TO ORDER The meeting was called to order at approximately 5:11 p.m. by Mayor Pro Tern Ayala. INVOCATION The invocation was led by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Pro Tern Ayala. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Councilmember Alejandra Avila (present) Councilmember Daniel Damian (present) Councilmember Monica Garcia (present) Mayor Pro Tern Jean M. Ayala (present) Mayor Emmanuel Estrada (present) REPORT FROM CLOSED SESSION City Attorney Tabares announced that the City Council met in closed session and all the Councilmembers were present; the City Council heard all the items listed on the Special Agenda and there is no reportable action. 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 and each Council Member is paid an additional stipend. Councilmember Garcia requested the meeting be closed in Honor of Antonio Gallegos. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Hometown Hero Military Banner presented to Everett N. Marquez, served in the United States Marines Corps — move to a future meeting. The Mayor presented Certificate of Recognition presented to NextGen Students The Mayor presented Certificate of Recognition to the Waste Management Award of Scholarships and Internships presented to Justin Nicholas Gonzalez Romo (scholarship & internship), Chelsea Alyanna Teng (internship), and Gustavo Trujillo Jr. (scholarship) The Mayor and the City Council proclaimed July 2024 as Park and Recreation Month, proclamation presented to the Department of Recreation and Community Services 07-17-2024 Regular City Council Meeting Minutes Page I of 4 PUBLIC COMMUNICATIONS Mayor Estrada opened public communications at approximately 7:59 p.m. The following spoke: 1) Irma Morales 5) email will be distributed to Council 2) Cecelia Bernal 6) Xavier 3) Dan Tran 7) Edson Chavez 4) Anita Diaz 8) Helen Hernandez Seeing no one else wishing to speak, public communications was closed. CONSENT CALENDAR 1. 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 Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 2. Treasurer's Report City (CC) — May 2024 Motion to receive and file the Treasurer's Report for May 2024. MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 3. Treasurer's Report City (CC) — June 2024 Motion to receive and file the Treasurer's Report for June 2024. MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 4. Meeting Minutes for June 19, 2024 Motion to approve the Special City Council Meeting, Regular City Council Meeting, Finance Authority Regular Meeting and the Housing Authority Regular Meeting held on June 19, 2024. MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 5. Approval of the Safe Clean Water (SCW) Program Revenue Transfer Agreement between the City of Baldwin Park and Los Angeles County Flood Control District for the City of Baldwin Park's Annual Allocation Motion to: 1. Approve the Transfer Agreement between the City of Baldwin Park and the Los Angeles County Flood Control District for the City's annual allocation of funds from the Safe Clean Water (SCW) Program; and 2. Authorize the Director of Finance to make necessary budget adjustments and appropriate projected FY 2024-25 Measure W funds in the amount of $720,000; and 3. Authorize the Chief Executive Officer/City Manager to execute the Transfer Agreement and related documents. MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 07-17-2024 Regular City Council Meeting Minutes Page 2 of 4 6. Grant Reimbursement report for 4th Quarter FY23-24-April 1, 2024 to June 30, 2024 for the Department of Public Works Motion to receive and file this report. MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 7. Approval for Pay Trac On-line Credit Card Processing Services with Vermont Systems 1. Approve Pay Trac On-line Credit Card Processing Services with Vermont Systems to offer online credit card processing services with a processing fee of 3% per transaction applied to online registration customers; and 2. Authorize the Director of Recreation & Community Services to execute any associated documents necessary for the Pay Trac On-line Credit Card Processing Services with Vermont Systems; and 3. Authorize the Director of Finance to complete necessary documents for Pay Trac On -Line Credit Card Processing Services with Vermont Systems and to appropriate funding and make necessary changes to the budget. Item #7 was pulled MOTION: It was moved to table to another meeting by Emmanuel Estrada, seconded by Jean M Ayala to table Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 8. Waive Formal Bid Procedures and Authorize Service Agreement with Honeywell Building Automation for the Heating, Ventilation, and Air Conditioning System Motion to: 1. Waive formal bid procedures per the Baldwin Park Municipal Code § 34.23(C); and 2. Authorize the five-year Service Agreement and Addendum to the Service Agreement with Honeywell Building Automation; and 3. Authorize the Director of Recreation & Community Services to execute any other associated documents needed for the Agreement; and 4. Authorize the Director of Finance to appropriate funds included in the FY 24-25 budget and make necessary adjustments to the budget. MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 9. Accept Construction Improvements and Authorize the Filing of a Notice of Completion for City Project, CIP 22-040 Calino Avenue Sewer and Storm Drain Improvements Motion to: 1. Accept the construction improvements by Gentry General Engineering Company of Colton, CA and Authorize recordation of a Notice of Completion for City Project CIP 22 —040 Calino Avenue Sewer and Storm Drain Improvements; and, 2. Authorize the release of retention funds in the amount of up to $44,197.66 to Gentry General Engineering Company upon the expiration of 35-day notice period; and, 3. Authorize expenditure in the amount of $21,000 from the available balance of the approved project budget in Account No. 275-50-752-58100-55021 to cover cost overruns related to the construction change orders and close-out of the project. 4. Authorize the Director of Finance to make the appropriation and necessary budget adjustments. MOTION: It was moved by Emmanuel Estrada, seconded by Monica Garcia to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 07-17-2024 Regular City Council Meeting Minutes Page 3 of 4 PUBLIC HEARING - None REPORTS OF OFFICERS 10. US Supreme Court Ruling on Cities Authority to Enforce Camping Ordinances The City Council: 1. Directed Staff to present to the City Council applicable policy changes to the City's approach and procedures for enforcement of public encampments and for conducting encampment cleanups, in light of the Supreme Court ruling. 2. Directed Staff to continue to lead our interaction with unhoused individuals with an offer for supportive services, including transitional housing. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION SA I. 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 [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA SA 2. Treasurer's Report SA — May 2024 Motion to receive and file the Treasurer's Report for May 2024. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA SA 3. Treasurer's Report SA — June 2024 Motion to receive and file the Treasurer's Report for June 2024. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Councilmember Damian sought consensus from the City Council to direct staff to pursue the development of a Memorandum of Understanding (MOU) with the Los Angeles County Department of Children and Family Services (DCFS) for the placement into housing of at young adults existing out of foster care or transitional housing, utilizing DCFS's Housing Voucher Program. UIar1111aaaIplaY The meeting was adjourned at approximately 8:54 p.m. by Mayor Estrada. Emmanuel J Estrada, Mayor ATTEST: Christopher Saenz, City Clerk APPROVED: August 7, 2024 07-17-2024 Regular City Council Meeting Minutes Page 4 of 4 b These,d in Agenda order. CALL TO ORDER The meeting was called to order at approximately 7:11 p.m. by Vice -Chair Ayala. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Board Member Alejandra Avila (present) Board Member Daniel Damian (present) Board Member Monica Garcia (present) Vice -Chair Jean M. Ayala (present) Chair Emmanuel Estrada (present) PUBLIC COMMUNICATIONS Chair Estrada opened public communications at approximately 7:59 p.m. The following spoke: 1) Irma Morales 5) email will be distributed to Council 2) Cecelia Bernal 6) Xavier 3) Dan Tran 7) Edson Chavez 4) Anita Diaz 8) Helen Hernandez Seeing no one else wishing to speak, public communications was closed. CONSENT CALENDAR 1. Treasurer's Report FA — May 2024 Motion to receive and file the Treasurer's Report for May 2024. Emmanuel J. Estrada Jean M. Ayala Alejandra Avila Daniel Damian Monica Garcia MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA 2. Treasurer's Report FA — June 2024 Motion receive and file the Treasurer's Report for June 2024. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motion Passed [5 — 0]. AYES: AVILA, DAMIAN, GARCIA, AYALA, ESTRADA ADJOURNMENT The meeting was adjourned at approximately 8:54 p.m. by Chair Estrada. ATTEST: Christopher Saenz, City Clerk Emmanuel J Estrada, Mayor APPROVED: August 7, 2024 Chair Emmanuel J. Estrada Vice -Chair Jean M. Ayala Board Member Alejandra Avila Board Member Daniel Damian Board Member Monica Garcia These minutes are presented Agenda CALL TO ORDER The meeting was called to order at approximately 7:11 p.m. by Vice -Chair Ayala. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Board Member Alejandra Avila (present) Board Member Daniel Damian (present) Board Member Monica Garcia (present) Vice -Chair Jean M. Ayala (present) Chair Emmanuel Estrada (present) PUBLIC COMMUNICATIONS Chair Estrada opened public communications at approximately 7:59 p.m. The following spoke: 1) Irma Morales 5) email will be distributed to Council 2) Cecelia Bernal 6) Xavier 3) Dan Tran 7) Edson Chavez 4) Anita Diaz 8) Helen Hernandez Seeing no one else wishing to speak, public communications was closed. CONSENT CALENDAR 1. Baldwin Park Housing Authority's Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. 2. Treasurer's Report HA — May 2024 Staff recommends that the Board receive and file the Treasurer's Report for May 2024. Treasurer's Report HA — June 2024 Staff recommends that the Board receive and file the Treasurer's Report for June 2024. Items will be heard at the August 7, 2024 Meeting. ADJOURNMENT The meeting was adjourned at approximately 8:54 p.m. by Chair Estrada. ATTEST: Christopher Saenz, City Clerk Emmanuel J Estrada, Mayor APPROVED: August 7, 2024 ITEM NO. 3 TO: Honorable Mayor and Members of the City Council "cB` FROM: Sam Gutierrez, Director of Public Works ",THE, PREPARED BY: Romany Basilyous, Engineering Manager 'ALLEY ,.- a' DATE: August 7, 2024 SUBJECT: Approval of Parcel Map No. 84199 to consolidate five (5) lots, abandon a street right-of-way, and a City parking lot into one (1) approximate 92,680 square foot lot for the development of the Zocalo Civic Plaza Project SUMMARY This item seeks City Council approval of Parcel Map No. 84199 pursuant to the Subdivision Map Act and Section 152.09 of the City of Baldwin Park Municipal Code. Parcel Map No. 84199 will consolidate five (5) existing lots into a single lot consisting of approximately 92,680 square feet and cause the abandonment of the City street right-of-way previously used as a City parking lot to accommodate development of the previously approved Zocalo Civic Plaza Project. RECOMMENDATION It is recommended that the City Council: 1. Approve Parcel Map No. 84199, and 2. Authorize the City Clerk to execute and transmit Parcel Map No. 84199 to the County of Los Angeles for recordation. FISCAL IMPACT These actions will not have a negative impact on the City's General Fund. BACKGROUND The subject site is an approximate 2.13 acre property (approximately 92,680 square feet) located at the northwest intersection of Maine Avenue and Pacific Avenue, and extends south of Maine Street in downtown Baldwin Park. On March 27, 2024, the Planning Commission adopted Planning Commission Resolution No. PC 23-26 adopting Tentative Parcel Map No. 84199 ("TPM 841.99") and consolidating five (5) existing lots into a single lot consisting of approximately 92,680 square feet and causing the abandonment of the City street right of way and parking lot to accommodate the development of the subject site into the previously approved Susan Rubio Zocalo Park and Civic Center Plaza project. On April 4, 2024, a member of the public served a formal appeal of the City Planning Commission's approval of TPM 84199 and the abandonment of the right-of-way. On May 15, 2024, at a duly noticed hearing, the City Council upheld the Planning Commission's Resolution PC 23-26 approving TPM 84199 and the abandonment of portion of Maine Ave right-of-way. DISCUSSION The acting City Engineer has reviewed the Parcel Map No. 84199 and finds that it substantially conforms to TPM 84199, the provisions of the Subdivision Map Act, and the local subdivision ordinance of the City of Baldwin Park applicable at the time of the approval of TPM 84199. Page I / 2 A Parcel Map that is in substantial compliance with the previously approved tentative map cannot be denied by the City Council for approval (Government Code §66474.1). Further, if the Parcel Map is not approved at the first meeting or at the subsequent meeting from when the Parcel Map was presented for approval to the City Council, and the map is in conformance with the requirements of the Subdivision Map Act, the map will be deemed approved without any further action by the City Council (Government Code §66458). Approval of Parcel Map No. 84199 , and its subsequent recordation, will allow the City, to meet the conditions of approval for Tentative Parcel Map No. 84199, and to facilitate the completion of the proposed construction. ALTERNATIVES Because Parcel Map No. 84199 is both in substantial compliance with the previously approved tentative map and it is in conformance with the requirements of the Subdivision Map Act, there is no alternative but to approve. CEQA REVIEW Pursuant to State CEQA Guidelines § 151692, Public Resources Code §21166, once an Environmental Impact Report (EIR) has been certified for a project, the lead agency shall not require preparation of a subsequent of supplemental EIR unless certain conditions are met. No further environmental review is required because none of the conditions in Public Resources Code Section 21166 and/or State CEQA Guidelines Section 15162 are triggered by the approval of the Parcel Map. The action falls within the scope of the 2016 TOD Downtown Specific Plan EIR, which was certified in October 2015, and the Addendum to the TOD Downtown Specific Plan EIR, which was adopted in February 2022, because the Zocalo Civic Plaza Park (also referred to as the Arts Park or Civic Park) was analyzed in both of these environmental documents. Furthermore, the traffic study prepared for this project by a traffic engineering consultant confirms that the project would have no new significant traffic and parking impacts outside the purview of the EIR and Addendum. Additionally, approval of this Parcel Map will not result in new or more severe impacts requiring additional environmental review. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Parcel Map No. 84199 2. City Council Staff Report dated May 15, 2024 & Planning Commission & Planning Commission Resolution PC 23-26 Page 2/2 PARCEL 87,489 SQ. FT. P"ARCEL MAP NO. 84199 SHEET 1 OF 2 SHEETS IN THE CITE` OF BALDWIN PARK COUNTY OF LC S ANC ELES, STATE OF CALIFORNIA BEING A SUBDIVISION OF PORTIONS OF LOTS 65 AND , TRACT NO. 8 AS PER MAP RECORDED IN BOOK 8, PACE 95, LOT 1,, TRACT NO. 01 1 , AS PER MAP RECORDED IN BOOK 14, PACE 88, BOTH OF DAPS, AND PORTIONS OF PACIFIC AVENUE AND l AI IE AVENUE AS PER MAPS, IN THE OFFICE THE COUNTY RECORDER R SAID COUNTY. mmallul'i r, JACK C. LEE, LS NO. 8407 CALLANDENGINEERING, INC. J L $ 2024 OWNER'S STATEMENT: WE HEREBY STATE THAT ARE THE OWNERS OF OR ARE INTERESTED IN THE LANDS INCLUDED WITHIN THE SUBDIVISION SHOWN ON THIS MAP WITHIN THE DISTINCTIVE BORDER LIKES, AND WE CONSENT TO THE PREPARATION AND FILING OF SAID MAP AND SUBDIVISION. SURVEYOR'S STATEMENT: ! T f i . x i • Y a.: i, a !: i :. y ". P. .: v ' F. ® i ! - � ! iintsuam I HEREBY STATE THAT ALL THE MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY WILL BE SET IN THESE POSITIONS BEFORE TWENTY—FOUR MONTHS FROM THA FILING DATE OF OF rlAND THAT THE MONUMENTS ARE, i. ENABLE THE SURVEY BE RETRACED, X-AND t r JACK C. LEE 0 E IOU U C. ALDIVA P.E. RON GARCIA .TACK C. LEE CHAT � o- a NG. 6407 CEC TY L.S.N I34I7 MANAGER DIRECTOR OF COMMUNITY DEVELOPMENT ' 2 CITY OF BALDWWIN PARK BALDWwIN PARK REDEVELOPMENT AGENCY . . ! +i r i s +� � • STATE OF O- COUNTYOr • 60 it ------- Ii r ! _ • r r CERTIFY UNDERPENALTY OF PERJURY UNDER THE LAWS OF OF CALIFORNIA THE FOREGOING PARAGRAPH IS TRUE AND CORRECT. I SIGNATUREt • i NO. >; PRINCIPALPRINTED NAME Sin-r-164 A. QUIAOUS MY COMMISSION EXPIRES.* t4c—q. 1-94 am7 MY PLACE OF BUSINESS IS IN LACI► COUNTY. PERSONALLYON BEFORE ! • r CERTIFY UNDER PENALTY PERJURY OF Y i. THE FOREGOING PARAGRAPH IS TRUE r CORRECT. r r • I tMY COMMISSION !. r �•tv III UiADN6 MY COMMISSION. -_'- MY" PRINCIPAL PLACE OF BUSINESS IS IN 6COUNTY. JMUAIRIL i�'r r :ii � _ f Y r � •i �!r r r�� a f ! A .* :i . ..� ® r :--■ ' ilr :! :�� fM `'Y. Y r �. i r 'I i ` -.�`i i i111i • if; `_ :f • i r i �� r `_ •' Y r ` `i e r r ♦` i EASEMENT TO BALDWIN PARK WATER DISTRICT, A COUNTY WATER DISTRICT FOR PUBLIC UTILITY PURPOSES, BY DEED Ri `! ! APRIL i 1954 IN E300K Y A 68, PAGE 369 AND BY DEED RECORDED APRIL N 1954, IN BOOKPAGE 373, AS INSTRUMENT M 2494 OF OFFICIAL RECORDS. • _ :r � �-r • is �,A � -Y! .N. f* • _ � kA 7 + €7AVID G. GILBERTSO , L.S. NO. 6941 CRATE � ACTING CITY ENGINEER NO. 6941 Z CITE" CLERK'S CERTIFICATE. I' HEREBY CERTIFY THAT THE CITY COUNCIL OF THE CITY OF BALDWIN PARK ON i `Y` :i iM i i A.• ri • N `` � �i ! •`r r 'rig .. `t ;�, * AN Y �, N ! � ,! DATED DAY OF r. CHRISTOPHER CITY CLERK THE CITY OF BALDWIN AI o .;N II Y` ! °:YY •1� i a NA � t r r ,� a r � • � � +r •i �`r r Niri Y. `t .. • .. Y r . ,` ! `x` y` i ` i`r i !i !a r i -Y. ! N --r ♦ t PARCELTHE FILING OF THIS N DOES NOT• BA ri OF PUBLIC UTILITIES EASEMENTS ACQUIRED BY THE CITY OF BALDWIN PARK PER THE MAP OF TRACT 1216, RECORDED :Oi. !A r 16 OF PARCELx! BOTHRECORDS O LOS SCALE: 1 )2 = 60' j M2 156.55' N74'51'07"E PARCEL MAP NO. 84199 IN THE CITY OF BALDWIN PARK 11111; m i I as N me lommu'T � � � JACK C. LEE, LS NO. 8407 CALLA ND ENGINEERING, INC. I 82 B2 N74'51'07"E 90.33� cat Sx- N74*51'07"E lop Bi 180,27' (180' Rl) NLY LINE OF LOTS v 18 TO 28 OF Rl 'o Jo M3 NOT A PART OF LJ w b THIS SUBDIVISION 8- txn- d 'g Z Lu 05 M4 u- m < a- uj B10 Z- 0 p J �:uj 0 Li 0 m a) ca 624,76 677.33' 300-45' (300' Rl) NE'LY CORNER OF LOT 26 OF Rl, ESTABLISHED BY PRORATION PER RI RAmr;m a & a a INDICATES THE BOUNDARY OFTHE LAND BEING SUBDIMDED BY THIS MAP. MAY) 2022 QASIS OF BEARINGS: THE BEARINGS SHOWN HEREON ARE BASED ON THE BEARING N4112'20"E OF THE CtNTEkLNE OF MAINE AVENUE AS SHOW ON MAP OF PARCEL MAP NO. 1215 FILED IN BOOK 235, PAG 15 AND 16 OF PARCEL MAPS, RECORDS OF LOS ANGELES COUNTY. BOULEVARD 6.37' mi 781-31 M I M 71'� 767.66' 623.31' (62137' RI) 04 14.59' (142.37- RI) z NE'LY CORNER OF LOT - a I Jo- L5 20 OF Rl, ESTABLISHED ao -1 y (n �- a: -uj - �- 5: BY PRORATION PER RI 0 L/) cv �0 #it LL- CL 0) V NOT A PART OF THIS SUBDIVISION 0 0 Lo ir wwo z 0 U) =1 '- I -b 0 S'LY LINE OF LOTS 20 TO 25 >-Ww p z OF Rl, ESTABLISHED 150.00 Lo wo PARALLEL WTH NLY LINE OF SAID LOTS PER Riii • 4� Nee. 735 21.7 4 id El 0 E E 87 13q RECORD DATA 13"\ PAclrC It ro db 1�1 34 - A C)ro Rl: TRACT NO. 899, MB 18/95 w R2-. TRACT NO. 9011, MB 144/88 '001. qs85 R3- PARCEL MAP NO. 1216, PMB 235/15-16 st- '4 - '. 84 R4: RS 45/42 R5- PARCEL MAP NO. 72543, PMB 380/54-57 E R6, LA CO. PWFB 1429-308, 1429-306 AND 1429-386 • R7: CITY -nE NO. 415 88 171 �io'131 "a '50'4'5�w MONUMENT NOTES: 3.08, INDICATES FOUND MONUMENT AS NOTED V- 0 SET L&T, "LS 8407" C4 N8,5B6.50, A SET L&T, TAGGED LS 8407 ON 3,00' OFFSET FROM CORNER 70_9;7' w (1� 0) .01, Ml FD L&T, TAGGED "RCC 14759' PER CITY TIE NO. M&R3) b-1 l� 61j) co 238, 239 9,87' N� -I f M2 FD S&W, STAMPED IS 5411", ACCEPTED AS THE POSITION OF M5 FD S&W IS 7707" PER LA CO. PWFB 1429-730-731 \ <�' M 5 N \0 M3 FD S&W, STAMPED "LS 7707-, PER PWFB 1429-652-653 -'10.00 LINE DATA CURVE DATA NO BEARING NO RADIUS DELTA LENGTH RECORD LENGTH Ll N41 *38'04"E Cl 239-50' 47*47'39" 19938' 199-84' R3&R5 L2 N41 '38'04"E C2 239.50' 05'44'15" 23.98' 24.03' R3, 23.94' R5 L3 N41 *,38'04"E C3 275.50' 22*30'32" 108.23' L4 N41 *38'04"E C4 50. 00' 49'3655" 43.30' 43.28' R3 L5 N48*29'02"W C5 160.00' 40*24'08" 112.82' 112.86' R3 L6 N41"38'04"E C6 160.00' 25'12'12" 70.38' L7 N4827'40"W C7 160.00' 15'11'56" 42.44' L8 N 41 *32'48"E C8 160.00' 40'06'32" 112.01' 112,30' R4 L9 N89*19'27"E C9 50.00' 4952'06' 43.52' Ll 0 N48'29'30"W C10 240.00' 18*29'36" 77.47* Cll 240.00' 13'42'19" 57.41' C12 240.00' 04'47'17" 20.06' C13 275,50' 10'59'31 52.85' C14 275.50' 11'31'01 - 55.38' m FD NOTHING, ESTABLISHED BY INTERSECTION I LENGTH RECORD LENGTH 640.42' 404.99' 159.96' M&R7 7&47' 74.96' R4 49-48- 49.28' R4, 49.23' R6 3&59' 35A)7' R4 30.00' 39.87' 14. CO' 30. 00' M&R3 m NN & E5 gx DETAIL A NOT TO SCALE m B4 4 ow (M� 90*011000, -o" qlil� & xN , cj\ ITEM NO. 13 TO: Honorable Mayor and Members of the City Council HU�OF� FROM: Ron Garcia, Director of Community Development ;,SANaiE�,� PREPARED BY: Nick Baldwin, City Planner co .VAL�EY �a �AOR'4'DJANUPry�,j DATE: May 15, 2024 SUBJECT: Appeal of the Planning Commission's March 27, 2024, adoption of a tentative parcel map (TPM 084199). SUMMARY On March 27, 2024, the City :Planning Commission adopted Planning Commission Resolution No. PC 23- 26 adopting Tentative Parcel Map No. 84199 and consolidating five (5) existing lots into a single lot consisting of approximately 92,680+ square feet and vacating the right-of-way previously used as a City parking lot to accommodate development of the Zocalo Civic Plaza Project. On April 4, 2024, a member of the public served a formal appeal of the City Planning Commission's approval of TPM 84199 and of the vacation of the right -of. -way. This report is submitted in response to the April 4, 2024 appeal RECOMMENDATION It is recommended that the City Council 1. Conduct a public hearing. 2. Find that pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162, the Project was analyzed by the 2016 TOD Downtown Specific Plan EIR (Exhibit C) and Addendum to the 2016 TOD Downtown Specific Plan EIR (Exhibit D), as well as the Transportation Assessment (Exhibit E) that was prepared for this Project and that no further environmental review is necessary. 3. City Council action to: a. Uphold the Planning Commission's decision and find that pursuant to Public Resources Code section 21166 and State CEQA Guidelines section 15162, the Project was analyzed by the 2016 Downtown Specific :Plan EIR (Exhibit C) and Addendum to the 2016 TOD Downtown Specific Plan EIR (Exhibit D), as well as the Transportation Assessment (Exhibit E) that was prepared for this Project and that no further environmental review is necessary, and adopt the following titled Resolution (No. CC 24-13—Exhibit M): A RESOLUTION OF THE CITY COUNCIL DENYING THE APPEAL AND UPHOLDING THE APPROVAL OF THE PLANNING COMMISSION OF THE CITY OF BAL:DWIN PARK FOR A TENTATIVE PARCEL MAP TO CONSOLIDATE FIVE (5) LOTS, STREET RIGHT-OF-WAY, AND A CITY PARKING LOT INTO ONE (1) 92,680 SQUARE FOOT LOT FOR THE DEVELOPMENT OF THE ZOCA:LO CIVIC PLAZA Page I / 11 PROJECT LOCATED AT THE NORTHWEST INTERSECTION OF MAINE AVENUE AND PACIFIC AVENUE AND EXTENDING SOUTH OF MAINE STREET, (A:PPLICANT: CITY OF BALDWIN PARK, CASE NUMBER TPM 84199). FISCAL IMPACT There is no fiscal impact associated with this item. The appellant is responsible for the appeal fee. BACKGROUND The subject site is an approximate 2.13 acre property (approximately 92,680 square feet) located at the northwest intersection of Maine Avenue and Pacific Avenue, and extends south of Maine Street in downtown Baldwin Park ("Site"). The Site is bounded by commercial businesses and a mixed -use business that front onto :Ramona Blvd. to the north, commercial businesses and a single-family residence to the southwest, a church and a commercial business to the south, and City Hall to the east. The Site had been developed with a parking lot, landscape planters, an abandoned building that was once a construction company office, and a segment of Maine Avenue located between Sterling Way and Pacific Avenue. Much of the parking lot was historically constructed within a right- of-way easement that was formerly :Pacific Avenue. The improvements on the Site were demolished late last year (See Exhibit H, Photos). The Site is the location for the proposed Susan Rubio - Zocalo Park & Civic Center Plaza Project, a walkable plaza and new passive park with public art, decorative lighting, pavilion, retail building, city monument signs, parking and driveway areas and water conservation features ("Project"). A small commercial building of approximately 3,250 square feet is proposed along the plaza's frontage on Sterling Way. This building is envisioned to be divided into two or three units and leased to businesses engaged in food sales or other commercial activities compatible with the plaza use. The Project also incorporates a City -owned parking lot and right of way along Pacific Avenue and a County owned easement surrounding a Baldwin Park Unified School :District -owned parcel, though the School :District parcel itself is excluded from the lot consolidation. Lastly, there are three parcels shown on the plan with existing vehicular access easements that are intended to be integrated into this project, but under a separate instrument and are not part of the Tentative Parcel Map request. In order to accommodate construction of the improvements for the Project, the various lots that comprise the Site needed to have been consolidated. The Site consists of five (5) existing lots. Once combined, the Site will consist of a single, 2.13 acre site (approximately 92,680 square feet). The parcel map also vacates and abandons excess right-of-way that is no longer needed for the Project when the Final Map for this project is approved. The excess right-of-way was used for right- of -way and for parking purposes. Consolidation facilitates construction of the Project improvements without having to worry about building code separation requirements from lot lines. California Government Code, Sections 66434(g) and 66499.20.2 generally authorizes the preparation of maps to merge and resubdivide lands. These sections provide (in part) that "[T]he filing of the [final] map shall constitute legal merger and resubdivision of'the land affected thereby, and shall also constitute abandonment of all public streets and public easements not shown on the map, provided that a written notation of each abandonment is listed by reference to the recording data creating these public streets or public easements, and certified to on the map by the clerk of the legislative body or the designee of the legislative body approving the map." Thus, approval and recordation of the final map will both consolidate the existing lots into one lot and vacate and abandon the existing right-of-way areas described. Page 2 / 11 This project was brought before the Planning Commission at the February 14, 2024 meeting where it was continued to the March 27, 2024 meeting, where it was ultimately heard by the Planning Commission. At the March 271h meeting, City Staff, acting on behalf of the City as the Applicant, requested and obtained approval of Tentative Parcel Map No. 84199 to consolidate five parcels and vacate street right-of-way and a City parking lot. City Planning Commission approved TPM 84199 on March 27, 2024. The Ashers, owners of properties located at 14402 Pacific Avenue and 14410 Pacific Avenue, appealed the :Planning Commission's decision ("Appellant"). TABLE A PROJECT PARCEL DATA ASSESSOR PROPERTY PARCEL CURRENT USE PARCEL NUMBER OWNER SIZE (square feet) 1 8553-011-901 City 6,173 Parking Lot, Planter 2 8553-011-902 Redevelopment 3,166 Parking Lot Agency Successor 3 8553-011-903 Redevelopment 4,394 Parking Lot Agency Successor 4 8553-011-904 Redevelopment 5,501 Parking Lot Agency Successor 5 8553-011-905 Redevelopment 5,201 Parking Lot Agency Successor 6 Street, Maine St. Street from Sterling Way to City 62,734 Pacific Avenue GENERAL & SPECIFIC PLAN CONSISTENCY Baldwin Park General Plan Appellant claims that the Project is inconsistent with the City's General Plan. This is incorrect. The Project is consistent with the General Plan, which seeks to utilize open spaces for the development of new parks and recreational facilities. (City of Baldwin Park 2020 General Plan - Open Space and Conservation Element, Goal 1.0; Policy 1.2) The Land Use Element & Map of the Baldwin Park General :Plan designates the Site as .Mixed - Use. Consolidation of the lots by the map and development of the Project and all of its components on the Site would be consistent with this designation because open space and commercial are uses permitted for lots with this land use designation. In addition, the map and development of the Project would be consistent with the following General Plan policies: Policy — LU 8.2: "Define Downtown as a pedestrian overlay zone, and require that new uses and buildings enhance pedestrian activity (refer to techniques outlined in Policy 3.1 of the Urban Design Element)". Policy — Page 3 / 11 LU 8.4: "Encourage the development of outdoor cafes, flower sales, stalls, or kiosks, and other uses which are compatible with and stimulate pedestrian activity." Policy — LU 8.7: "Create an active "paseo" in the courtyard of City Hall. Provide pedestrian connections to Downtown." Policy — OS&C 1.2: "Establish as a priority for funding the acquisition and development of parks and recreational facilities in neighborhoods where there are a shortage of parks." Specific Plan Consistency Appellant is also incorrect when it argues that the Project is inconsistent with the City's Downtown Specific plans. Both the 2016 and 2022 Downtown Specific Plans contemplate the development of the Project. Development of the Project was originally undertaken in fulfillment of the vision and land use plan contained in the 2016 Downtown TOD Specific Plan (Exhibit G, pages 27-28) which was the guiding land use document for the area that was in effect at that time the Project was conceived. The Site was designated as Mixed Use (MU-1) within the 2016 Downtown TOD Specific Plan. While the land use designation indicates mixed use development is allowed, the 2016 Downtown TOD Specific Plan allowed an option for the Site to be developed as civic plaza to celebrate the arts and community events (Exhibit G, 2016 Downtown TOD Specific Plan, pages 27, 28). This designation allowed flexibility in use type, which is why open space is one of the uses permitted by right in this land use designation (Exhibit G, Table 4-1). In March of 2022, the City Council adopted a revised Downtown Specific Plan to replace the 2016 Downtown TOD Specific :Plan. The Site is designated as :Downtown Core in the 2022 Specific Plan. This designation allows for the development of a wide variety of uses. These uses include: Recreation, Education, and Public Assembly uses such as Open Space and Recreation; Retail uses such as :Restaurants and Retail businesses; Accessory Commercial Uses such as Outdoor Cafe and Outdoor Display; Commerce, Manufacturing, and Processing uses that include Artisan manufacturing, and Warehouse; Residential Uses such as Multi -family Residential; Automobile Related Uses such as Vehicle Repair; and Service Uses such as barber shops and offices. Further, approval of the map and development of the Project on the Site would be consistent with the 2022 Downtown Specific Plan. Specifically, and contrary to Appellant's arguments, the :Project is consistent with the below policy goals from the 2022 Downtown Specific Plan: Policy — P1.1: " Expand and maintain an enhanced, interconnected system of public parks, trails and open space in Downtown area." Actions — • Al. 1a: " Introduce additional public spaces, such as promenade, neighborhood and pocket parks, plazas, and parklets on public land." • Al.lb: " Enhance and connect public parks, open spaces and trails serving residents and visitors, connecting existing parks and the other Downtown assets through paseos, promenades, trails, and enhanced sidewalks." • Al. Ie: "Allow parklets on streets to provide visual interest and expand the useable area of the sidewalk." Policy — Page 4 / 11 P1.6: "Expand the inventory of publicly accessible community gathering spaces so that businesses and residents are within a short walking distance of a park or recreational area." Actions — • A1.6b: "Allow parklets on streets to provide visual interest and expand the useable area of the sidewalk." Policy — P2.13: "Expand places and spaces where community events and festivals can occur." Actions — • A2.13a: "Develop the Promenade and Paseos and various parks and open spaces in the Downtown area." Policy — P3.8: "Create well -designed spaces for a high -quality user experience for all modes." Actions — • A3.8a: "Provide streetscapes and public realms that provide safe and convenient routes for walking and biking." • A3.8d: " Reduce block lengths for shorter walking and biking distances." • A3.8e: "Provide a diverse mix of uses that includes housing, employment, retail, and public spaces to create a vibrant urban environment • A3.8f: " Incorporate pedestrian and bicycle safety into plans, programs, and designs." • A3.8 : " Incorporate designs that remove barriers to pedestrians, bicyclists, and persons with mobility limitation, connecting sidewalks to bus stops and pathways that do not require passing through parking areas or driveways. Appellant's appeal interprets the above policy objectives in an unreasonably narrow fashion. The law grants the City a lot of deference when making determinations on whether aproject is consistent with specific plan or general plan. Contrary to Appellant's assertion, the Project is consistent with all of the above policy objectives. For example, the 2022 Downtown Specific Plan calls for the expansion of public parks and open space in the Downtown area. (2022 Downtown Specific Plan, Policy 1.1) The Policy is furthered by introducing additional public spaces and plazas on public land. (Action 1.1 a.) The Policy is also complimented by actions calling for the enhancement of open spaces connecting downtown assets through open spaces and enhanced sidewalks Project (Action 1.1b). The Project is consistent with these objectives. The Project calls for the construction of a public park in the downtown area on public land. Additionally, this Project is connected to other public parks already existing in the downtown area. The Project is also consistent with the other policy objectives noted above because the Project calls for the expansion of public spaces that can host community events. The Project is also plainly consistent with Policy 1.6 and 2.13 because it expands publicly accessible community gathering spaces and spaces that can host community events. Moreover, the 2016 Downtown Specific Plan specifically called for the construction of the community park. Although the appeal claims that Maine Avenue is part of the Downtown "Core", the 2022 Downtown Specific Plan more precisely identifies the "Core" at a section of Maine Avenue different from where the Claimants' businesses are located. (Id. at p. 34. ["The Downtown Core is the intersection of Ramona Boulevard and Maine Avenue..."]) The portion of Maine Avenue that is at issue here is not a core street under the 2022 Downtown Specific Plan. Furthermore, while housing could be developed in the downtown core, that is not the exclusive potential land use for the area. Furthermore, the Project does not reduce the existing housing supply. While it does reduce potential housing sites, the City has other locations that can be developed for housing. As demonstrated above, substantial evidence supports a finding that that the Project harmonizes, is in agreement, and is consistent with the 2022 Downtown Specific Plan's goals and policies. Page 5 / 11 PARKING AND CIRCULATION Vehicular access to the consolidated lots and the Project will be provided via Sterling Way and Maine Avenue on the north side of the Project's boundaries. The existing driveway on the east -west portion of Maine Avenue will be eliminated. A total of 27 parking spaces will be provided. The 2022 Specific Plan does not require parking be provided for open space uses. Nevertheless, parking spaces are provided for practical reasons so that patrons have safe and convenient ways to access the plaza. The parking required for the proposed 3,250 square foot retail space is one parking space per 200 square feet of building area, which equates to 16 parking spaces, so the 27 spaces to be provided exceed the requirement. Additional public parking is available across the street at the City Hall/Metrolink parking structure behind City Hall. At the time that this project was conceptualized within the 2016 Downtown TOD Specific Plan, the removal of Maine Avenue between Sterling Way and Pacific Avenue was contemplated as part of the 2016 Specific Plan Environmental Impact Report. The closure of a portion of Maine Street between Sterling Way and Pacific Avenue was also studied by the City and its consultant in August 2022 (see Exhibit E). This was prior to the final design of the Project being approved by the Council. In examining this question, the analysis reviewed existing conditions, project description, project site access and circulation scheme, a project trip generation forecast, an assessment of the potential traffic effects associated with the project, a traffic control warrant assessment, as well as a parking assessment. The conclusion of this analysis was that there would be no significant impacts from this closure. REQUIREMENTS — TENTATIVE PARCEL MAP 1. Adequate systems designed and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications telephone services. The project has been designed to provide all the necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications service. All conditions from outside agencies and utility companies shall be met or provided for prior to finalizing the tentative parcel map. 2. An adequate domestic water distribution system designed and constructed to service each lot proposed to be created. Valley County Water District is the purveyor in the area and water would be provided to the subject property by Valley County Water District. 3. An adequate sewage system designed and constructed to serve each lot proposed to be created. The proposed project shall comply with any conditions of approval as imposed by the Sanitation District of Los Angeles County prior to approval of the final map by the City of Baldwin Park. 4. An adequate storm water drainage system designed and constructed to serve each lot proposed to be created. The Public Works Department have designed the site to include the construction of storm drains to address stormwater in the area. 5. An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created. Page 6 / 11 The site will be served by Sterling Way and Maine Avenue to the west and Pacific Avenue to the east. A drive aisle with parking will be created on the north side of the parking area between Sterling Way and :Pacific Avenue to allow for one-way vehicular access from the west. A traffic study was prepared on August 18, 2022 date by the City to examine the potential impact to vehicular traffic associated with the closing of the segment on Maine Avenue between Sterling Way and Pacific Avenue (see Exhibit F). The report concluded that no significant impacts to the surrounding areas would occur with the closing of this segment of road. 6. An adequate traffic regulatory system, including necessary traffic signals, signs, pavement markings and striping. The Project scope entails the closure of a portion of Maine Avenue and minor adjustments to the roads connecting to the Project site will be necessary to create a seamless transition. A new one-way alley will be created along the northern edge of the Project and this alley will be complete with new traffic signs, striping and pavement markings. 7. The undergrounding of utilities pursuant to Chapter 97, part 2 (Underground Utility Districts) of the Municipal Code. Pursuant to Chapter 97 of the City's Municipal Code all new utilities to the subject property shall be undergrounded. This requirement is also addressed as part of the overall Plan Check requirements and review of the final map. 8. Any and all other improvements found necessary by the City to provide all services to each lot proposed to be created. The proposed Tentative Parcel Map is consistent with the City's codes and will receive adequate utility service when built as designed. 9. In addition to the improvements as required by the City's Municipal Code and Departments, there are also design requirements for the proposed tentative parcel map that need to be met. Pursuant to Section 152.12 of the City's Municipal Code, the design of the subdivision shall conform to the requirements of this Chapter 152, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning districtper the Zoning Code, the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the City, including, but not limited to, plans for grading and erosion control. The Planning Division has reviewed the proposed subdivision of the proposed lot and determined that it meets the minimum development standards contained within the Municipal (Zoning) Code, including, setbacks, density, and height. Additionally, the tentative parcel map is consistent with Goal 2.0 of the Land Use Element of the General Plan which states "accommodate new development that is compatible with and compliments existing conforming land uses" as the proposed parcels meet the existing development standards contained in the Code. FINDINGS —TENTATIVE PARCEL MAP In accordance with State law, Government Code Sections 66474 and 66474.6, the following findings shall be made for the approval of a Tentative Parcel Map: Page 7 / 11 1. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The project is also consistent with the City's General Plan. The designated land use for the site is Mixed -Use and the proposed open space use of the site is allowed by -right for lots with this land use designation. Furthermore, the project is consistent the policies in the General Plan to create pedestrian spaces in the downtown that connect to the City Hall courtyard and have the potential to support businesses that support pedestrianism such as outdoor cafes and flower shops. The design of the civic plaza is in accordance with the 2016 Specific Plan, which is the Specific Plan that was in place at the time of the project's approval. The land use, circulation surrounding the site, improvements to the site are all in compliance with that plan. The proposed use is civic plaza, which is an open space use that was contemplated by the 2016 Specific Plan. The Specific Plan called for new open space areas within the downtown area to improve pedestrian activity and improve destination appeal. The proposed circulation is consistent with the 2016 Specific Plan. There will be an alley and site parking at the northern edge of the site to support vehicle access. Parking and traffic were analyzed in 2022 by a parking and traffic consultant and the project was determined to have no adverse impacts on traffic and parking (Exhibit E). The improvement of the proposed subdivision is also in compliance with the 2022 Downtown Specific Plan. The improvements consist of a civic plaza with accessory retail food businesses and these improvements are permitted land uses within the Downtown Core area of the specific plan. Furthermore, the improvements are consistent with the Plan's policies to expand pedestrian -oriented parks and gathering spaces in the downtown area. Specifically, the subdivision is consistent with the Specific Plan's Policy 1.1 to " Expand and maintain an enhanced, interconnected system of public parks, trails and open space in Downtown area", Policy 1.6 to "Expand the inventory of publicly accessible community gathering spaces so that businesses and residents are within a short walking distance of a park or recreational area", Policy 2.13 to "Expand places and spaces where community events and festivals can occur", and Policy 3.8 to "Create well -designed spaces for a high -quality user experience for all modes". 2. The site is physically suitable for the type of development. The site has a flat topography that lends itself to development in general and could support a civic plaza use. Also, it is not located in a flood hazard or high fire zone. Lastly, there is ample access to the site given that it is accessible from Pacific Avenue to the east, Sterling Way to the west, and Maine Avenue to the south. 3. The design of the proposed subdivision or the proposed improvements are unlikely to cause substantial damage or substantially and avoidably injure fish or wildlife of their habitat. The site is a fully urbanized area that is almost entirely paved. It is not a location that provides habitat for fish or wildlife and therefore development of the site for a civic plaza could not harm fish or wildlife habitat. 4. The design of the subdivision or type of improvements are unlikely to cause serious public health problems. Page 8 / 11 The site is currently developed with parking lots and street right of way, both of which facilitate automotive vehicle traffic. The subdivision supports the development of the site as a civic plaza, which facilitates public gathering for pedestrians. The proposed use is aligned with the 2016 Specific Plan and General Plan goals of providing more opportunities within the City for residents for exercise and recreation. Therefore, the proposed use is more likely to promote public health and is not likely to cause public health problems. 5. The design of'the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to the ones previously acquired by the public. This subsection shall only apply to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. There are no existing easements in the project area that were acquired by the public at large that would be adversely affected by this project. A portion of City right-of-way will be closed for the creation of the plaza, but vehicular access between Sterling Way and Pacific Avenue will continue via the alley connection at the northern edge of the project site. Furthermore, the traffic study undertaken in 2022 (Exhibit E) determined that the closure of the right-of-way necessary for the development of the site for a civic plaza would not have an adverse effect on traffic and circulation for the area. It should also be mentioned that there are no existing private lots adjacent to the Project that will lose access to the street as result of this subdivision. 6. Discharge of waste from the proposed subdivision into an existing community sewer system would result in a violation of'existing requirements prescribed by a California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. Sewer waste discharge from the project site will be in accordance with City, State, and Sanitation District regulations. The small commercial building will have indoor plumbing fixtures that contribute a minimal amount to the City's overall sewage waste stream, but this contribution will not be in violation of existing requirements. CEQA REVIEW Once an Environmental Impact Report (EIR) has been certified for a project, the lead agency shall not require preparation of a subsequent of supplemental EIR unless one of three triggering conditions exists: (1) substantial changes are proposed in the project that will require major revisions of the EIR, (2) substantial changes occur in circumstances under which the project is being undertaken that will required major revisions in the EIR, or (3) new information of substantial importance to the project that was not known and could have been known when the EIR was certified as complete becomes available, and this condition (1,2, or 3) also would lead to new or more significant impacts (State CEQA Guidelines § 151692, Public Resources Code §21166). Staff recommends that no further environmental review be required because none of the conditions in Public Resources Code Section 21166 and/or State CEQA Guidelines Section 15162 is triggered by the approval of the Tentative Parcel Map ("Project"). The action falls within the scope of the 2016 TOD Downtown Specific Plan EIR (State Clearinghouse No. 2014121098), which was certified in October 2015, and the Addendum to the TOD Downtown Specific Plan EIR, which was adopted in February 2022 (Exhibit D), because the Zocalo Civic Plaza Park (also referred to as the Arts Park or Civic Park) was analyzed in both of these environmental documents. Page 9 / 11 (See, e.g., 2016 TOD Downtown Specific Plan Draft EIR, p. 2-11, 2-15; Addendum, p. 4.) Furthermore, the traffic study prepared for this project (Exhibit E) by a traffic engineering consultant confirms that the Project would have not new significant traffic and parking impacts outside the purview of the EIR and Addendum. Therefore, the Project would not: 1. Constitute a substantial change to the project that will require major revisions of the EIR or Addendum due to the involvement of new significant environmental effects or a substantial increase in the severity of previously identified effects; 2. Constitute a substantial change with respect to the circumstances under which the project is administered that will require major revisions of the EIR or Addendum to the involvement of new significant effects; and Involve new information of substantial importance that was not known and could not have been known with the exercise of reasonable diligence at the time the EIR was certified that shows any of the following: a) the project will have one or more significant effects not discussed in the certified EIR or Addendum; b) significant effects previously examined will be substantially more severe that shown in the EIR or Addendum; c) mitigation measures or alternatives previously not found to be feasible would in fact be feasible and would substantially reduce one or more significant effects of the project, but the City declines to adopt the mitigation or alternative; or d) mitigation measures or alternatives which are considerably different from those analyzed in the EIR and Addendum would substantially reduce one or more significant effects on the environment, but the City declines to adopt the mitigation measure or alternative. Approval of this Tentative Parcel Map will not result in new or more severe impacts requiring additional environmental review. On February 2, 2024, a legal notice was published in the Baldwin Park :Press. On February 1, 2024 legal notices were posted at City Hall and mailed to property owners and occupants within a 300-foot radius of the subject property. On February 14, 2024 at the regular Planning Commission meeting this agenda item was continued to the March 27 meeting where the Planning Commission voted unanimously to approve the project. This project was appealed to the City Council on April 4, 2024 and the notice was published in the Baldwin Park Express, posted at City Hall, and mailed to property owners and occupants within a 300-foot radius of the subject property on May 2, 2024. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Exhibit A, Planning Commission Resolution PC 23-26 Exhibit B, Tentative Parcel Map 84199 Exhibit C, 2016 TOD Downtown Specific Plan EIR (https://www.baldwippark.com/DocumentCenter/View/1948/Downtown-TOD-Specific-Plan-FinalEIR- PDF) Exhibit D, Addendum to the 2016 TOD Downtown Specific Plan EIR dated February 2022 (hlWs: //www.baldwinpark. com/DocumentCenter/V iew/673/BP-Downtown-SP-EIR-Addendum-PDF) Exhibit E, Transportation Assessment Exhibit F, City Council Minutes — Feb. 16, 2022 Meeting Page 10 / 11 Exhibit G, 2016 Downtown TOD Specific Plan (https:llwww.baidwinpark.comIDocumentCenterIViewZl9471BP-DowntownTODSpecificPlan- Fina12016-PDF) Exhibit H, Site and Vicinity Photos Exhibit 1, Letter of Opposition dated June 27, 2023 Exhibit J, Letter of Opposition dated February 14, 2024 Exhibit K, Review of Prior Public Comments Before Planning Commission Exhibit L, Review of Appellant's Arguments Exhibit M, City Council Resolution CC 24-13 Page 11 / 11 Attachment #1 Exhibit A, Resolution PC 23-26 RESOLUTION PC 23-26 A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK APPROVING A TENTATIVE PARCEL MAP TO CONSOLIDATE FIVE (5) LOTS, VACATED STREET RIGHT-OF-WAY, AND A CITY PARKING LOT INTO ONE (1) 92,680 SQUARE FOOT LOT FOR THE DEVELOPMENT OF THE ZOCALO CIVIC PLAZA PROJECT LOCATED AT THE NORTHWEST INTERSECTION OF MAINE AVENUE AND PACIFIC AVENUE AND EXTENDS SOUTH OF MAINE STREET; (APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER TPM 84199) THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The Planning Commission of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) On February 16, 2022, City Staff received direction from the City Council to proceed with the development of a public plaza (Project) located at the northwest intersection of Maine Avenue and Pacific Avenue and extends south of Maine Street; and (b) The City, acting as the applicant, prepared a Tentative Parcel Map to consolidate five (5) lots, vacated street right-of-way, and a City parking lot into one (1) 92,680 square foot lot for the development of the Zocalo Civic Plaza; and (c) That a duly noticed public hearing was held on February 14, 2024 on said Project by the Planning Commission, and the project was continued to a date certain on March 27, 2024; and (d) That a duly noticed public hearing was held on March 27, 2024 on said Project by the Planning Commission, and based upon evidence presented including applicable staff report 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 Project is present and the Project should be approved; and (e) The proposed Project was analyzed by the 2016 TOD Downtown Specific Plan EIR and Addendum as well as the traffic analysis prepared for this project and pursuant to the California Environmental Quality Act (CEQA) Section 151692 and Public Resources Code Section Resolution PC 23-26 March 27, 2024 Page 2 21166, no further environmental review is necessary since none of the conditions that would trigger further environmental review are present; and (f) Each fact set forth in the staff report dated March 27, 2024, from Nick Baldwin, City Planner to the Chair and Planning Commissioners ("Staff Report") is true and correct. SECTION 2. That the Planning Commission does hereby adopt the following requirements and findings applicable to the approval of the Tentative Parcel Map. a) Adequate systems designed and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications telephone services. The project has been designed to provide all the necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications service. All conditions from outside agencies and utility companies shall be met or provided for prior to finalizing the tentative parcel map. b) An adequate domestic water distribution system designed and constructed to service each lot proposed to be created. Valley County Water District is the purveyor in the area and water would be provided to the subject property by Valley County Water District. c) An adequate sewage system designed and constructed to serve each lot proposed to be created. The proposed project shall comply with any conditions of approval as imposed by the Sanitation District of Los Angeles County prior to approval of the final map by the City of Baldwin Park. d) An adequate storm water drainage system designed and constructed to serve each lot proposed to be created. The Public Works Department have designed the site to include the construction of storm drains to address stormwater in the area. e) An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created. The site will be served by Sterling Way and Maine Avenue to the west and Pacific Avenue to the east. A drive aisle with parking will be created on the north Resolution PC 23-26 March 27, 2024 Page 3 side of the parking area between Sterling Way and Pacific Avenue to allow for one-way vehicular access from the west. A traffic study was prepared on August 18, 2022 date by the City to examine the potential impact to vehicular traffic associated with the closing of the segment on Maine Avenue between Sterling Way and Pacific Avenue (see Exhibit E). The report concluded that no significant impacts to the surrounding areas would occur with the closing of this segment of road. f) An adequate traffic regulatory system, including necessary traffic signals, signs, and pavement markings and striping. The Project scope entails the closure of a portion of Maine Avenue and minor adjustments to the roads connecting to the Project site will be necessary to create a seamless transition. A new one-way alley will be created along the northern edge of the Project and this alley will be complete with new traffic signs, striping and pavement markings. g) The undergrounding of utilities pursuant to Chapter 97, part 2 (Underground Utility District) of the Municipal Code. Pursuant to Chapter 97 of the City's Municipal Code all new utilities to the subject property shall be undergrounded. This requirement is also addressed as part of the overall plan check requirements and review of the final map. h) Any and all other improvements found necessary by the City to provide all services to each lot proposed to be created. The proposed Tentative Parcel Map is consistent with the City's codes and will receive adequate utility service when built as designed. i) In addition to the improvements as required by the City's Municipal Code and Departments, there are also design requirements for the proposed tentative parcel map that need to be met. Pursuant to Section 152.12 of the City's Municipal Code, the design of the subdivision shall conform to the requirements of this Chapter 152, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning district per the Zoning Code, the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the City, including, but not limited to, plans for grading and erosion control. The Planning Division has reviewed the proposed subdivision of the proposed lot meets the minimum development standards contained within Resolution PC 23-26 March 27, 2024 Page 4 the Municipal (Zoning) Code, including, setbacks, density, and height. Additionally the tentative parcel map is consistent with Goal 2.0 of the Land Use Element of the General Plan which states "accommodate new development that is compatible with and compliments existing conforming land uses" as the proposed parcels meet the existing development standards contained in the Code. j) The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The project is also consistent with the City's General Plan. The designated land use for the site is Mixed -Use and the proposed open space use of the site is allowed by -right for lots with this land use designation. Furthermore, the project is consistent the policies in the General Plan to create pedestrian spaces in the downtown that connect to the City Hall courtyard and have the potential to support businesses that support pedestrianism such as outdoor cafes and flower shops. The design of the civic plaza is in accordance with the 2016 Specific Plan, which is the Specific Plan that was in place at the time of the project's approval. The land use, circulation surrounding the site, improvements to the site are all in compliance with that plan. The proposed use is civic plaza, which is an open space use that was contemplated by the 2016 Specific Plan. The Specific Plan called for new open space areas within the downtown area to improve pedestrian activity and improve destination appeal. The proposed circulation is consistent with the 2016 Specific Plan. There will be an alley and site parking at the northern edge of the site to support vehicle access. Parking and traffic were analyzed in 2022 by a parking and traffic consultant and the project was determined to have no adverse impacts on traffic and parking (Exhibit E). The improvement of the proposed subdivision is also in compliance with the 2022 Downtown Specific Plan. The improvements consist of a civic plaza with accessory retail food businesses and these improvements are permitted land uses within the Downtown Core area of the specific plan. Furthermore, the improvements are consistent with the Plan's policies to expand pedestrian -oriented parks and gathering spaces in the downtown area. Specifically, the subdivision is consistent with the Specific Plan's Policy 1.1 to " Expand and maintain an enhanced, interconnected system of public parks, trails and open space in Downtown area", Policy 1.6 to "Expand the inventory of publicly accessible community gathering spaces so that businesses and residents are within a short walking distance of a park or recreational area", Policy 2.13 to "Expand places and spaces where community events and festivals can occur", and Policy 3.8 to "Create well -designed spaces for a high -quality user experience for all modes". Resolution PC 23-26 March 27, 2024 Page 5 k) The site is physically suitable for the type of development. The site has a flat topography that lends itself to development in general and could support a civic plaza use. Also, it is not located in a flood hazard or high fire zone. Lastly, there is ample access to the site given that it is accessible from Pacific Avenue to the east, Sterling Way to the west, and Maine Avenue to the south. 1) The design of the proposed subdivision or the proposed improvements are unlikely to cause substantial damage or substantially and avoidably injure fish or wildlife of their habitat. The site is a fully urbanized area that is almost entirely paved. It is not a location that provides habitat for fish or wildlife and therefore development of the site for a civic plaza could not harm fish or wildlife habitat. m) The design of the subdivision or type of improvements are unlikely to cause serious public health problems. The site is currently developed with parking lots and street right of way, both of which facilitate automotive vehicle traffic. The subdivision supports the development of the site as a civic plaza, which facilitates public gathering for pedestrians. The proposed use is aligned with the 2016 Specific Plan and General Plan goals of providing more opportunities within the City for residents for exercise and recreation. Therefore, the proposed use is more likely to promote public health and is not likely to cause public health problems. n) The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to the ones previously acquired by the public. This subsection shall only apply to easements of record or to easements established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. There are no existing easements in the project area that were acquired by the public at large that would be adversely affected by this project. A portion of City right-of-way will be closed for the creation of the plaza, but vehicular access between Sterling Way and Pacific Avenue will continue via the alley connection at the northern edge of the project site. Furthermore, the traffic study undertaken Resolution PC 23-26 March 27, 2024 Page 6 in 2022 (Exhibit E) determined that the closure of the right-of-way necessary for the development of the site for a civic plaza would not have an adverse effect on traffic and circulation for the area. It should also be mentioned that there are no existing private lots adjacent to the Project that will lose access to the street as result of this subdivision. o) Discharge of waste from the proposed subdivision into an existing community sewer system would result in a violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. Sewer waste discharge from the project site will be in accordance with City, State, and Sanitation District regulations. The small commercial building will have indoor plumbing fixtures that will contribute a minimal amount to the City's overall sewage waste stream, but this contribution will not be in violation of the existing requirements. SECTION 3. The Application, as herein above described below, and the same is hereby approved subject to the following conditions: (a) That the property shall be developed and maintained in substantial accordance with Exhibit "A" to the staff report for TPM 84199, dated March 27, 2024; and (b) If within two (2) years after the date of approval of TPM 84199, all conditions of approval have not been satisfied, then TPM 84199 shall become null and void; and (c) Recordation of Final Parcel Map with the Los Angeles County Reorder shall be required prior to issuance of building permits. (d) The Final Map shall be submitted to Los Angeles County Fire Department for review and approval prior to recordation. SECTION 5. The Secretary shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. PASSED AND APPROVED this 27th day of March, 2024. CHAIR, BALDWIN PARK PLANNING COMMISSION Resolution PC 23-26 March 27, 2024 Page 7 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, NICK BALDWIN, Secretary of the Baldwin Park Planning Commission, do hereby certify that the foregoing Resolution No. PC 23-26 was duly and regularly approved and adopted by the Planning Commission at a regular meeting thereof, held on the 27th day of March 2024 by the following vote: AYES: COMMISSIONERS: NOES: COMMISSIONERS: ABSTAIN: COMMISSIONERS: ABSENT: COMMISSIONERS: Nick Baldwin BALDWIN PARK PLANNING COMMISSION Exhibit B, Tentative Parcel Map 84199 e w 114'JA"LLULL6,10 ltli ilv�ll li Ll d li mv J, 4 1 R ............. J J A -4:,J . . . . . . J j nz, p7 J 41 M 11 E IVE CEL AP N0,v 084199 11i'llit'll-011111 F771 m fl� T_ 11 _,LL-flm "i ll- LOS 0"I"PRO, A-*- t . ..... .... . . r �T . ........ . . . .... . :J T ro"T j klt#@),� V I" 1; � I -, -- PORTION OF LOTS 65,66 & 72 OF TRACT MAP 899, LOT 1 OF TRACT 9011, AND PORTION OF MAINS AVENUE, IN THE CITY 7, p __ w Al 0 30 60 Tirl, LIU 't�dJe i -P, f _3 hn T- n OF BALDWIN PARK, COUNTY OF LOS ANGELES, STATE OF CALIFORNIA, AS PER MAP RECORDED IN BOOK 18 PAGE 95 OF r ""mow . .... ja ... . ...... J. "'t-1 5, Ezl dUMU, o co MAPS AND BOOK 1441 tz PAGE 88 OF MAPS, IN THE OFFICE OF COUNTY RECORDED OF SAID COUNTY. 0, __3 4- -?,Alf- .:,E T SCALE: 1 "=30' f""� . .. . .. . . .. 'T", J.ti� FOR SUBDIVISION PURPOSES "A A -Jti4r iff i_lt',l,, aj7T M7 yl Ld X F 3 s e c� ry < t Y11M Lj kcal,:, kj� e do lleo WEST RAMONA BOULEVARD N o, ,Pm pg, N"j t Vg"A", "o, ",Y6,", L0 -41 Iulp "'Q N`la` 9 0 ? N, A , -- gx�/,,,' ,,, i � j, j, 0 ry Nl rk 1415 k v<, kr �"N ry 0 C, s m 5 Lti I _4 4i VICINITY MAP N.T.S. > F- OWNER/CLIENT: z LEGEND: > > > > > > > > > _v _v _v 00 CITY OF BALDWIN PARK 14403 E. PACIFIC AVENUE, (123.45).....EXISTING ELEVATION z z z z zI Iz(z z Ln r��o BALDWIN PARK, CA 91706 123.45 ..... _PROPOSED ELEVATION z ul -(123) . ..... EXISTING CONTOUR 00 00 00 I 00 I 00 I 00 i00 00 00 00 I uu PREPARED BY: -123 . ........ PROPOSED CONTOUR Lrl Lrl Lrl Lrl Lrl Lrl Lrl Lrl Lrl Lrl 00 1 CALLAND ENGINEERING & ASSOCIATES, INC. Ov ... DRAINAGE PATTERN ul ul ul ul ul ul F_ ul ul ul Ln 0 RELEASED ... EX. BLOCK WALL uu uu uu uu uu uu LIJ uu uu uu Lrl 574 E. LAMBERT ROAD =, CR I I III� ...PROP. BLOCK WALL I I I I I I I I 0 0 0 0 0 U.) I BREA, CA 92821 PROP. STRUCTURE 1 -30, 6 TEL. NO.: (714) 671-1050 7- C) op S/W. ...SIDEWALK 0 STREET LIGHT CONTACT: JACK C. LEE BENCHMARK: rQ�0 0 0 0 0 0 0 COUNTY BENCHMARK G 5384 _.,PROPERTY LINE 0 k.0 00 Ln (10 9 0 NOTE (� ...SANDBAG uj MWD BR DISK IN SW COR C.B. 2M(6.6FT) T.C.............TOP OF CURB 0*55'20" N/O BCR @ NE COR BALDWIN PARK BLVD F.L..............FLOW LINE R 1 10. 00' �A 0 RAMONA BLVD MKID (MF 19D 1939) F.G.. ....FINISH GRADE 30 .4 A6 A7 c, REVISIONS ELEVATION: 367.538 (2005) F.S.............FINISH SURFACE C8C9 C7 4F5 EA' EMENT FOR WATER 0*4306W F�F_ FLOOR FINISH vv PTFE PER BUbk 0 6" WAT�R 8.53 - --------- BASIS OF BEARING: H.P.............HIGH POINT 4,368, PAGE 324 A=05*56 A P.P.............POWER POLE CENTERLINE OF MAINS AVE., N 41 *32'20" E PER PARCEL MAP NO. 1216, P.M.B. 235-15-16. D/W ........... DRIVEWAY ',N 28 N74*50'55"E 300.00' 1 W.M ........... WATER METER N 5*09'08"W W H G4A5 \o IN 3 - Nl 5*09'08" A�SLIVILIN CITY P UTILITY SERVICES INV .............INVERT ELEVATION TO,Q PER �.95' 2 2.6 8' MEN T. Q .............TOP OF GRATE EPARATE .6 ITY Li APN\8553 P E I STRUMENT B6 , � �,,y V. I . CABLE - SPECTRUM ..EXISTING EASEMENT Cp APN 8553-011-905 Z INS ENT WATER - VALLEY COUNTY WATER DISTRICT B5C6F3 -011-'902 - LOS ANGELES COUNTY SANITATION DISTRIC R.D.A. SEWER T ..PROPOSE EASEMENT X' EASEMENT R. D. GAS - SOUTHERN CALIFORNIA GAS COMPANY ..CONDEMNED AREA, 0 TO CITY PER ELECTRICAL - SOUTHERN CALIFORNIA EDISON PACIFIC AVENUE SEPARATE 1p SHERIFF - CITY OF BALDWIN PARK POLICE DEPARTMENT40 6" DVINSTRUMENT ye, 32' Y� FIRE - LOS ANGELES COUNTY FIRE DEPARTMENT NOTES: co ll:� 2'5 2 Y� NO. OF EXISTING LOT: 5 LOT + VACATED STREET 00 NO. OF PROPOSED PARCEL: 1 PARCEL p EX. ZONING: DOWNTOWN CORE SPECIFIC PLAN 10 G5H5 36 co LAOT AREA: 92,680 SF = 2.128 ACRES LOTS TO BE MERGED: G APN 8553-011-901 = 6,173 SF Q9 APN 8553-011-902 = 3,166 SF Lj APN 8553-011-903 = 4,394 SF N.A.P. APN 8553-011-904 = 5,501 SF EX.G4 , V 8.5S3 APN 8553-011-905 = 5,201 SF 04S 4 VACATED STREET = 65950 SF `� �� a Q SCHO-01 OL EASEMENT DEDICATED TO THE PARCEL: D APN 8553-011-023 = 577 SF APN 8553-011-021 = 1,356 SF E 0 APN 8553-011-003 = 362 SF �� CIFIAMN D Ei b`s 0 all �Y, F I N A[ JL I 3E Ivi :_ r 4 1 > .3 3 86- �) F- EASEMENTS: P ':'-f 91( H:;,' A S E u a DoK 1, -P M'EL E _12 --------------- (A 00 6 (A CENTERLINE (UNDISCLOSED EASEMENT OF THE 10' WIDE EASEMENT OF THE CITY OF BALDWIN C/ 0^ (9SS3- -Je o (o 0) PACIFIC LIGHT AND POWER CORPORATION FOR PARK FOR PUBLIC UTILITY PURPOSES AS ool 1%, �", -,< 0 015, loo, POLES AND INCIDENTAL PURPOSES AS DISCLOSED DISCLOSED BY DEED RECORDED MARCH 29, 1976 364 lfvv BY DEED RECORDED IN BOOK 6159 PAGE 161, DDS AS INSTRUMENT NO. 3412, OR, SHOWN HEREON. 9,3 v SHOWN HEREON. _0A fy 5' WIDE EASEMENT OF THE PACIFIC LIGHT AND A=49 36'0 R= 5' WIDE EASEMENT OF BALDWIN PARK COUNTY POWER CORPORATION FOR POLES AND INCIDENTAL C, 0.00 :51 18 WATER DISTRICT FOR WATER PIPES AND MAINS, PURPOSES AS DISCLOSED BY DEED RECORDED IN (o CONNECTIONS AND INCIDENTAL PURPOSES ARE BOOK 6164 PACE 208, DDS SHOWN HEREON. _�31 .0 NP p d�l L=43.28' -71 -06' DISCLOSED BY DEED RECORDED APRIL 20, 1954 AS 4__ Lj z INSTRUMENT NO. 2489, OR, SHOWN HEREON. V" CENTERLINE (UNDISCLOSED WIDTH) EASEMENT OF _j UJ THE PACIFIC LIGHT AND POWER CORPORATION FOR $) < > N ll� , ��, 0 1-1 Vl` m <1 uv 10' WIDE EASEMENT OF GENERAL TELEPHONE POLES AND INCIDENTAL PURPOSES AS DISCLOSED COMPANY OF CALIFORNIA FOR UNDERGROUND BY DEED RECORDED IN BOOK 6188 PAGE 11, DDS /610 0 0 CONDUITS, CABLES WIRES AND INCIDENTAL SHOWN HEREON. u N 9 *3 )E PURPOSES AS DISCLOSED BYE DEED RECORDED 6 C N 1*3 SEPTEMBER 11, 1974 AS INSTRUMENT NO. 3841, 6' WIDE EASEMENT OF THE CITY OF BALDWIN PARK 0 o fy OR, SHOWN HEREON. FOR SEWER PURPOSES AS DISCLOSED BY DEED 6, U RECORDED SEPTEMBER 21, 1965 AS INSTRUMENT 36, o z" i V1, < 6' WIDE EASEMENT OF SOUTHERN CALIFORNIA NO. 2627, OR, SHOWN HEREON. V, N,,TERLINE PAqI C AVENUE AS _j D C ESTABLISH D PER CITY OF EDISON COMPANY FOR UNDERGROUND CONDUIT, rDI ry z CABLES, AND INCIDENTAL PURPOSES AS DISCLOSED C8 10' WIDE EASEMENT OF GENERAL TELEPHONE BALDWIN- PARK TIE NO. 406 BY DEED RECORDED SEPTEMBER 19, 1974 AS z COMPANY OF CALIFORNIA FOR UNDERGROUND CE L11 Nf NFIC AVENUE AS Lij INSTRUMENT NO. 2187, OR, SHOWN HEREON. CONDUITS, CABLES WIRES AND INCIDENTAL op "Al tN EST LI "'\ D PE . FINAL DECREE, X Nt PURPOSES AS DISCLOSED BY DEED RECORDED A�E�',0.1863\72SUPERIOR C0 u) y_j 5' WIDE EASEMENT OF THE PACIFIC LIGHT AND FEBRUARY 251975 AS INSTRUMENT NO. 2045OR20' 17- \\URT, 78\�9�/212, O.R.ry < POWER CORPORATION FOR POLES AND INCIDENTAL SHOWN HEREON. E E a- U) 00 PURPOSES AS DISCLOSED BY DEED RECORDED IN 5' WIDE EASEMENT OF BALDWIN PARK COUNTY WATER DISTRICT FOR ol 3 CE ERLINE (UNDISCLOSED IDTH) EASEMENT OF THE PACIFIC 0 BOOK 6180 PACE 30, DDS SHOWN HEREON. 10' WIDE EASEMENT OF SOUTHERN CALIFORNIA 20' _GHT AND POWER CORPORA ON FOR POLES AND INCIDENTAL WATER PIPES AND MAINS, CONNECTIONS AND INCIDENTAL URPOSES AS DRAWN: EDISON COMPANY FOR UNDERGROUND CONDUITS, DISCLOSED BY DEED RECORDED APRIL 20, 1954 AS INSTRUM NT 2489 IN EYS \v PURPOSES AS DISCLOSED BY EED RECORDED IN BOOK 6188 CENTERLINE (UNDISCLOSED WIDTH) EASEMENT OF CABLES AND INCIDENTAL PURPOSES AS DISCLOS BOOK 44368 PACE 359, OR, SHOWN HEREON. CHECKED: PAGE 11, DDS SHOWN HEREON. THE PACIFIC LIGHT AND POWER CORPORATION FOR BY DEED RECORDED MARCH 5, 1975 AS lo POLES AND INCIDENTAL PURPOSES AS DISCLOSED INSTRUMENT NO. 2439, OR, AS SHOWN HEREON. p EASEMENT OF THE COUNTY OF LOS ANGELES FOR STR AND -1009 BY THE DEED RECORDED IN BOOK 6188 PAGE 11, 5' WIDE EASEMENT OF SOUTHERN &�LIFORNIA EDISON COMPANY INCIDENTAL PURPOSES AS DISCLOSED BY DEED RECORDED IN BOO 7839 \ c"I 5p DATE: 03-21-2024 FOR UNDERGROUND CONDUITS, CABLES AND INCIDENTAL DdS SHOWN HEREON. 6' WIDE EASEMENT OF THE CITY OF BALDWIN eARK PACE 212, OR, SHOWN HEREON. JOB NO.: FOR SEWER PURPOSES AS DISCLOSED BY DEED PURPOSES AS DISCLOSED BY DEED RNRRDEEOD MARCH 19, 1976 22-019-088 AS INSTRUMENT NO. 3744, OR, SHOWN E N. _�Dl 35' SCALE: I "=10 l 5' WIDE EASEMENT OF BALDWIN PARK COUNTY RECORDED AUGUST 13, 1987 AS INSTRUMENT N 5' WIDE EASEMENT OF THE PACIFIC LIGHT AND POWER CORPORATION R WATER DISTRICT FOR WATER PIPES AND MAINS, 87-1291815, OR, SHOWN HEREON. 1-1 POLES AND INCIDENTAL PURPOSES AS DISCLOSED BY DEED RECORDED 40' FILE NAME: CONNECTIONS AND INCIDENTAL PURPOSES ARE 5' WIDE EASEMENT OF GENERAL TELENONE COMPANY OF BOOK 6177 PAGE 35, DDS SHOWN HEREON. Maine-Tentative.dw2 CALIFORNIA FOR UNDERGROUND CONDUITS, �ABLES WIRES AND LAND DISCLOSED BY DEED RECORDED IN BOOK 44368 p 20' EASEMENT OF THE COUNTY OF LOS ANGELES PURPOSES ANSTRUMEOTED BY EDECORD To 35PAGE 373, OR, SHOWN HEREON. FOR THE CONSTRUCTION, RECONSTRUCTION, 5' WIDE EASEMENT OF BALDWIN PARK COUNTY WATER DISTRICT FOR v6i11'"""MARCH 23, 1976 AS o. 3 OR, SHOWN .4 INSPECTION, MAINTENANCE AND REPAIR OF REAk WATER PIPES AND MAINS, CONNECTIONS AND INCIDENTAL PURPOSES AS le, r..) HEREON 40' _-j JACK C. LEE 0;0 6' WIDE EASEMENT OF THE CITY OF BALDWIN PARK PROPERTY AND INCIDENTAL PURPOSES z DISCLOSED BY DEED RECORDED APRIL 20, 1954 AS INSTRUMENT NO. D A T NTAT l i-IR m N -1 N- FOR SEWER PURPOSES AS DISCLOSED BY DEED DISCLOSED BY DEED RECORDED MAY 10, 1956 IN 2489 IN BOOK 44368 PAGE 359, OR, SHOWN HEREON. 5' NO. 8407 Tml RECORDED SEPTEMBER 21, 1965 AS INSTRUMENT BOOK 33087 PAGES 342, OR, SHOWN HEREON. FG-3] 5' WIDE EASEMENT OF THE PACIFIC LIGHT AND POWER ADDITIONAL NOTES: NO. 2626, OR, SHOWN HEREON. CORPORATION FOR POLES AND INCIDENTAL PURPOSES AS H5 EASEMENT OF THE COUNTY OF LOS ANGELES FOR STREET AND THE TOPOGRAPHIC INFORMATION SHOWN ON THIS MAP DISCLOSED BY DEED RECORDED IN BOOK 6177 PAGE 35, DDS INCIDENTAL PURPOSES AS DISCLOSED BY DEED RECORDED IN BOOK 7839 WAS FROM THE PLANS PROVIDED BY THE CLIENT AND or c SHOWN HEREON. PAGE 212, OR, SHOWN HEREON. THE BOUNDARY SHOWN ARE BASED FROM RECORD DATA. SHEET 1 OF SHT. H ' FTEN E EL MAP NO,, 084199 "I" .,.,� e .w.s� 'I�aY��s��m»ry � I,Y �» �� PORTION OF SOT > > �5 �� & 72 OF TRACT SAP 899 SOT 1 OF TRACT 9011> ADD PORTION OF �A1�� Av��U�> 1� T�� CITY Q F a t ,,,i a, �* , „ ,, i , .., „» ,�, �'211, .ems CC ! }6 ) ° s'.,., , i „k it x «: h e";. gg, r., _» ��i. ,w 7 ,. �t ...»ww .,s�. � �.. ,» ...n OF BALDWIN PARK COUNTY OF LOS ANGELS STATE OF AS PER MAP RECORDED 1N BOOK 18 PAGE 95 OF o 3o so . a1 r� `�£,�,�� � .,�;..U»i�.,0. sua :�; 0 a k : c k.' a �'� �; � ''�" � d � i i CALIFORNIA, i c lafi 'a' d' a � � i t� � $ } 3 " 6 �': � � `, '. f '� 3 : � .i � .. , _ ,E MAPS AND BOOK 144PAGE 88 OF MAPS, IN THE OFFICE OF COUNTY RECORDED OF SAID COUNTY. CO i'jlnk v'.",,a,. k� a ff SCALE: 1 =30f ,-, C °0 � � U Vs�t° ' S FOR SUBDIVISION PURPOSES Ij ✓w « �fis,n Ljj ki a 2 f E• i 9 : { d'� vYSi Y Y: a Sb':""v OR �cy'a^..,Q 36i m i c 7. Eq q a r y 1 yC3 J £ 7 t., ; § t \ kb k'` , ik.' ^, '„` e :� r a'r >'�` , "r;,,z S a Q i 3 ;� WEST RAMONA BOULEVARD , , �/ Sa n .... �7" .,i...."' d n '� T '•v°v' `` ^P '`.. '#,, e..r „°✓C`..A s" ',� `, a''`s s§^7`',,, f' ...... ry w i ✓ , �. a — — — — — — — — — — — — a iv '� ,7�:: �:' ' �..`u'"4;`s'`y "r ,,::.. •..' r � ' .i(° t 2 "* 'F.',, , `y,'+a••,,.., ,, .,+ .y..e 'ht `,,.r:''` s, Y W t..'. q 0 m LU r: v„ri .. .. ,., . , , >% '. 4 , ,x ,»' .., 7`„ "v, '.�`;7`n 'v?F ,' r", ,•,' °�� ,,: ,. , ,: ,.. ✓ r ...t _ �14wlii .. VICINITY MAP —� �• N.T.S. i I I I I I w OWNER/CLIENT: LEGEND: 1 CITY OF BALDWIN PARK 123.45 .....EXISTING ELEVATION ( I I I I � EQ5 14403 E. PACIFIC AVENUE, ( > BALDWIN PARK, CA 91706 123.45........PROPOSED ELEVATION I� - I� I -(123)-..... EXISTING CONTOUR PREPARED BY: -123-........ PROPOSED CONTOUR I I I I I -Dp � CALLAND ENGINEERING 8c ASSOCIATES, INC. ��... DRAINAGE PATTERN � I I I I I� I ,�� I � RELEASED ..EX. BLOCK WALL I uu 574 E. LAMBERT ROAD, ® LnI Ln Ln Ln Ln Ln Ln mil Ln mil ...PROP. STRUCTURE ULn 00 BREA, CA 92821 ...PROP. BLOCK WALL A Ln Ln I Ln Ln Ln Ln I— l ull ull --- �/ � I I I U'1 // '�► TEL. NO.: (714) 671-1050 � Un CONTACT: JACK C. LEE S/W...........SIDEWALK CR I I I I I I I I ! I w I I I ---..... STREET LIGHT 1 s JW s ---�-.--...CENTERLINE � 30BENCHMARK: , 0 '�--...OETY LINE CONSTRUCTION NOTECOUNTY BENCHMARK G 4460 —47 — — — — — h I. ...SANDBAG NO I T. .............TOP of CURB OI t O O O O O O £,, RDBM TAG IN W CB 1FT N/O BCR @ NW \ �.3 { "°� C3'1 I tJ'1 I �} F.L..............FLOW LINE COR BALDWIN PARK BLVD & RAMONA BLVD F.G.............FINISH GRADE r �' � REVISIONS F.S.............FINISH SURFACE � �,20°5520" _< ELEVATION: 367.122' F.F.... � I I � _ -� I I � � �� ........FLOOR FINISH R i 60.00� / ) H.P.............HIGH POINT 4BASIS OF BEARING: P. ............. I 3'06"W CENTERLINE OF MAINE AVE., N 41 °32'20" E PER D/W...........DRIVEWAY EX. 6 WATER o X. 6 ATER l .53 PARCEL MAP NO. 1216 P.M.B. 235-15-16 W.M........... WATER METER A=05°56 4"' p ,V INV.............INVERT ELEVATION 2 8, T.G.............TOP OF GRATE ,� . N74 0 VE 300.00 V 5 55 UTILITY SERVICES ..EXISTING EASEMENT _ s ��i<�X� [IVV MEN CABLE - SPECTRUM CI - 95_�_ / 22.68 ..PROPOSE EASEMENT \ A AT � , \ ., �/ �. ..dd V _ AP 8553 , 3 \ IJL� WATER VALLEY COUNTY WATER DISTRICT \ _ p / SEP TE, CONDEMNED AREA I TR N 9 / O R COUNTY SANITATION 3 � INS ENT SEWS LOS ANGELES COU T SA ITAT ON DISTRICT " PACIFIC AVENUE _ 3 r . , GAS - SOUTHERN CALIFORNIA GAS COMPANY a \ MI.D.A�. EASEENT ELECTRICAL SOUTHERN CALIFORNIA EDISON TO CITY G , , � PER ♦ - � SHERIFF CITY OF BALDWIN PARK POLICE DEPARTMENT SEPARATE , 4 FIRE LOS ANGELES COUNTY FIRE DEPARTMENT QINSTR UMENT ♦ � < '9 , o N(mhS. w s P cn ` N0. OF EXISTING LOT. 5 LOT + VACATED STREET , 2 52 +� ; N0. OF PROPOSED PARCEL. 1 PARCEL 00 r ° EX. ZONING. DOWNTOWN CORE SPECIFIC PLAN r TOTAL LOT AREA. 92,680 SF - 2.128 ACRES ,ST t NV \ a LOTS TO BE MERGED. 10 - APN 8553 011- 901 = 6,173 SF 14 , APN 8553 011 902 - 3166 SF APN 8553 011 903 - 4,394 SF APN 8553-011-904 = 5,501 SF `- APN 8553 0 905 5,201 S A 2 �� VACATED STREET �,,5 65950 SF �� \ � � �u EASEMENT DEDICATED TO THE PARCEL: ���, �- � , ---- C r - - APN 8553 011 023 - - 577 SF> D' — APN 8553 APN 8553-011-003 = 362 SF -011-021 = 1 356 SF � � 00 FI A"i M N Exhibit C, 2016 TOD Downtown Specific Plan EIR (https://www.baidwinpark.com/DocumentCenter/ View/1948/Downtown-TOD-Specific-Plan-FinalEIR-PDF) Attachment 4 Exhibit D, Addendum to the 2016 TOD Downtown Specific Plan EIR dated February 2022 (https://www.baldwinpark.com/DocumentCenter/ View/673/BP-Downtown-SP-EIR-Addendum-PDF) Attachment #5 Exhibit E, Transportation Assessment To: Kevin O'Brien, AIA LEED AP Date: August 18, 2022 Pouya Goshayeshi, AIA La Canada Design Group From: Alfred C. Ying, P.E., PTP LL-G Ref 1-21-4468-1 David A. Roseman, P.E. Nit LLG, Engineers Subject: Zocalo Park Project Transportation Assessment City of Baldwin Park, California Linscott, Law & Greenspan, Engineers (LLG) has prepared this memorandum to summarize the findings of the transportation assessment for the Zocalo Park project ("project" herein). The project site is located at 14349 Pacific Avenue in the City of Baldwin Park, California. The project involves the vacation of a portion of Maine Avenue, between Sterling Way to the west and Pacific Avenue/Maine Avenue (East) to the east, directly west of the City Hall/Civic Center area. In addition, the roadway segment of Maine Avenue -Pacific Avenue south of Ramona Boulevard will be narrowed. This assessment includes a summary of the existing conditions, project description, project site access and circulation scheme, a project trip generation forecast, an assessment of the potential traffic effects associated with the project, a traffic control warrant assessment, as well as a parking assessment. Briefly, it is concluded that no significant transportation impacts are expected with the project. Existing Conditions The project site is located at 14349 Pacific Avenue in the City of Baldwin Park, California. The existing site is situated on the north side of Maine Avenue between Sterling Way and Maine Avenue (East). Existing vehicular access is provided via driveways on Sterling Way, Maine Avenue, and Maine Avenue (East). The project site and general vicinity is illustrated in Figure 1. An aerial photograph of the existing project site is presented in Figure 2. Project Description The Zocalo Civic Plaza project involves the vacation of Maine Avenue, between Sterling Way to the west and Pacific Avenue/Maine Avenue (East) to the east, directly west of the City Hall/Civic Center area. A small retail building totaling approximately 3,250 square feet of floor area will be constructed as part of the project. A total of 27 parking spaces is planned to be provided. In addition, the roadway segment of Maine Avenue -Pacific Avenue, south of Ramona Boulevard, will also be narrowed to provide one vehicular travel lane and one bicycle lane in each direction. The conceptual project site plan is shown in Figure 3. Completion and full occupancy of the project is expected to occur by the year 2023. O .JOB_ FILE, 4468\RePoit4468-M2-Z,, ,,io Cn is Ph—.d- Engineers & Planners Traffic Transportation Parking Linscott, Law & Greenspan, Engineers 600 S. Lake Avenue Suite 500 Pasadena. CA 91106 626.796.2322 T 626,792,0941 F www.figengineers.com Pasadena Irvine San Diego Woodland Hills Philip M. Linscott, PE (1924-200% William A. Law, PE 11921-2018) Jack M. Greenspan, PE IRet) Paul W. Wilkinson, PE (Ret.) John P. Keating, PE Met.) David S. Shender, PE John A. Boarman, PE Clare M. Look -Jaeger, PE Richard E. Barretto, PE Keil D. Maberry, PE Walter B. Musial, PE Kalyan C. Yellapu, PE Dave Roseman, PE An LG2WB Company Founded 1966 Kevin O'Brien, AIA LEED AP Pouya Goshayeshi, AIA August 18, 2022 Page 2 Site Access and Circulation Vehicular access to the project will be provided via Sterling Way and Maine Avenue (East). The existing driveway on the east -west portion of Maine Avenue will be eliminated as part of the street vacation project. Intersection Level of Service Analysis Traffic Counts The following ten (10) key study intersections have been identified for evaluation in coordination with the City (refer to Figure 1). 1. Baldwin Park Boulevard & Sterling Way (signalized) 2. Connector Road to Sterling Way & Ramona Boulevard (unsignalized) 3. Connector Road to Sterling Way/Sterling Way (unsignalized) 4. Sterling Way/Maine Avenue (unsignalized) 5. Cesar Chavez Drive & Ramona Boulevard (signalized) 6. Maine Avenue & Ramona Boulevard (signalized) 7. Maine Avenue/Westbound Only Alleyway (unsignalized) 8. Pacific Avenue/Maine Avenue (unsignalized) 9. Pacific Avenue/Bogart Avenue (unsignalized) 10. Pacific Avenue/Downing Avenue (signalized) Manual counts of vehicular turning movements were conducted at the ten study intersections during the weekday morning (AM) and afternoon (:PM) commute periods to determine the peak hour traffic volumes. The counts were conducted by an independent traffic count subconsultant (City Traffic Counters) at all ten intersections in March 2022 from 7:00 to 9:00 AM to determine the AM peak commute hour, and from 4:00 to 6:00 PM to determine the :PM peak commute hour. In conjunction with the turning movement vehicle counts, counts of bicycle and pedestrian volumes also were collected during the peak periods for informational purposes. Traffic volumes at the study intersections show the typical peak periods between 7:00 and 9:00 AM and between 4:00 and 6:00 :PM generally associated with peak commute hours. The existing traffic volumes at the study intersections during the weekday AM and PM peak hours are shown in Figures 4 and 5, respectively. Summary data worksheets of the manual traffic counts at the study intersections are contained in Appendix A. O JOB FILE, 446E RQ1 a t4468-N42-Z, c 1. Capis Pla-A- Kevin O'Brien, AIA LEED AP Pouya Goshayeshi, AIA August 18, 2022 Page 3 Existing Traffic Volume Shifts As part of the vacation of Maine Avenue between Sterling Way to the west and Pacific Avenue/Maine Avenue (East) to the east, the east leg of the Sterling Way/Maine Avenue intersection and the west leg of the :Pacific Avenue/Maine Avenue intersection will be vacated/eliminated. As a result, the existing southbound left -turn, eastbound through, westbound through, and westbound right -turn movements at the Sterling Way/Maine Avenue intersection as well as the northbound left -turn, southbound right -turn, eastbound left -turn, and eastbound right -tun movements at the Pacific Avenue/Maine Avenue intersection will be prohibited in the future after the project is completed. It is expected that some localized shifts in traffic volumes would occur as part of the project. For example, the existing Maine Avenue east -west traffic and the southbound left -turn movement at the Sterling Way intersection will be redistributed to other parallel east -west corridors such as Ramona Boulevard to the north or Vineland Avenue to the south to bypass the immediate project vicinity. Also, some of the northbound, southbound and eastbound turning movements at the :Pacific Avenue/Maine Avenue intersection will be redistributed to other parallel north -south corridors such as Puente Avenue to the east or Merced Avenue to the west. Retail Building Trip Generation Traffic generation is expressed in vehicle trip ends, defined as one-way vehicular movements, either entering or exiting the generating land use. Traffic volumes expected to be generated by the project retail building during the weekday AM and PM peak hours, as well as on a weekday daily basis, were estimated using rates published in the 11t' Edition of the Trip Generation Manual, published by the Institute of Transportation Engineers (ITE), [Washington, D.C., 2021]. Traffic volumes expected to be generated by the retail building were based upon rates per 1,000 gross square feet of leasable area. ITE Land Use Codes 822 (Strip Retail Plaza < 40k) trip generation average rates were used to forecast the traffic volumes expected to be generated by the project retail building. The trip generation rates and forecast of the vehicular trips anticipated to be generated by the project retail building are presented in Table 1. As summarized in Table 1, the retail building is forecast to generate eight vehicle trips (five inbound trips and three outbound trips) during the weekday AM peak hour. During the weekday PM peak hour, the retail building is forecast to generate 21 vehicle trips (11 inbound trips and 10 outbound trips). Over a 24-hour period, the retail building is forecast to generate 177 daily trip ends (approximately 89 inbound trips and 89 outbound trips) during a typical weekday. O JOB FILE, 446E RePoit4468M2-Localo Civic Plaz A- Kevin O'Brien, AIA LEED AP Pouya Goshayeshi, AIA August 18, 2022 Page 4 Project Trip Distribution and Assignment Project -generated traffic was assigned to the adjacent roadway system based on a traffic distribution pattern which accounted for the project land use, the site's proximity to major traffic corridors (i.e., Maine Avenue, Pacific Avenue, Sterling Way, Ramona Boulevard, etc.), existing intersection traffic volumes, existing and future site access ingress/egress schemes, and nearby population and employment centers. In addition, the shift in existing traffic due to the vacation of Maine Avenue between Sterling Way to the west and Pacific Avenue/Maine Avenue (East) to the east was also carefully considered. The forecast project traffic volumes at the study intersections for the weekday AM and PM peak hours are displayed in Figure 6 and Figure 7, respectively. The traffic volume assignments presented in Figure 6 and Figure 7 reflect both the redistribution of traffic due to the street vacation as well as traffic associated with the project retail building. Other Improvements/Recommendations The following improvements/recommendations are also incorporated in this transportation assessment: Int. No. 6: Maine Avenue & :Ramona Boulevard Based on existing peak hour intersection operations as well as the redistribution of traffic due to the street vacation, roadway narrowing, and traffic associated with the project retail building, it is recommended that the length of the northbound left -turn lane be extended to 130 feet. Immediately south of the northbound left -turn lane, a two -way -left -turn area/lane is also recommended. The recommended extension of the northbound left -turn lane and provision of the two -way -left -turn area/lane is anticipated to facilitate both traffic turning left onto Ramona Boulevard as well as traffic turning left onto the westbound only Alleyway (located immediately south of this intersection). In addition, it is recommended that minor adjustments to signal timing be implemented at this signalized intersection. During the weekday AM and PM peak hours, it is recommended that up to four seconds of additional green time be allocated to facilitate the left -turn volumes at all four intersection approaches (and on a corresponding basis that up to four seconds of green time be reduced for the subject through movements). These recommendations are anticipated to reduce vehicle queuing and improve the overall intersection operations at this location. It is also recommended for City consideration that Maine Avenue south of Ramona Boulevard be renamed as Pacific Avenue to reduce any potential motorist confusion. Int. No. 8: Pacific Avenue & .Maine Avenue As a result of the vacation of Maine Avenue and the roadway narrowing of Maine Avenue -Pacific Avenue, only northbound Pacific Avenue and southbound Maine O JOB FILE 4468\Repo,t 446S-M2-Zor fo Civic Plaz A- Kevin O'Brien, AIA LEED AP Pouya Goshayeshi, AIA August 18, 2022 Page 5 Avenue through movements will be permitted at this location. It is recommended that a future mid -block crosswalk be installed on Maine Avenue/Pacific Avenue. Furthermore, it is recommended that this crosswalk (i.e., connecting the City Hall to the Zocalo Park project) be signalized through the installation of a pedestrian hybrid beacon, which should be programmed to delay the onset of flashing yellow sequence during peak traffic flows to minimize potential disruption on Maine Avenue/Pacific Avenue. Int. No. 9: Pacific Avenue/Bogart Avenue It is LLG's understanding that a traffic signal installation has been approved for this intersection. As such, this transportation assessment appropriately assumes signalized operations at this location under the existing with project analysis condition. Level of Service (LOS) Analyses The intersection LOS analyses were prepared utilizing the Synchro 11 software package which implements the Highway Capacity Manual (HCM) operational methods. Synchro is a sophisticated model which allows engineers to access and optimize traffic signal and corridor operations. A Synchro network was created based on current traffic signal timing charts and field review of existing conditions at the study intersections. In addition, specifics such as lane configurations, lane widths, storage lengths, crosswalk locations, posted speed limits, traffic signal phasing and cycle lengths for the signalized intersections, traffic volumes, etc., were coded to complete the existing network. The HCM method determines the average control delay experienced at the intersections. This methodology estimates the average control delay for each of the subject movements and determines the LOS for each constrained movement. Average control delay for any particular movement is a function of the capacity of the approach and the degree of saturation. The overall average control delay is measured in seconds per vehicle, and the LOS is then calculated for the intersections as a whole. The Two -Way Stop Control (TWSC) methodology estimates the average control delay for each minor -street movement (or shared movement) as well as major - street left -turns and determines the LOS for each constrained movement. The average control delay is measured in seconds per vehicle, and includes delay due to deceleration to a stop at the back of the queue from free -flow speed, move -up time within the queue, stopped delay at the front of the queue, and delay due to acceleration back to free -flow speed. A description of the HCM method and corresponding LOS is provided in Appendix B. The resulting existing with project (i.e., including street vacation, roadway narrowing, and retail building) traffic volumes at the study locations during the weekday AM and PM peak hours are shown in Figures 8 and 9, respectively. O JOB FILE, 446E RQ1 a i4468-M2-Z, ab Civic Plaz A- Kevin O'Brien, AIA LEED AP Pouya Goshayeshi, AIA August 18, 2022 Page 6 The transportation assessment prepared for the study locations using the HCM methodology is summarized in Table 2. As shown in column [ 1 ] of .Table 2, all ten study intersections are presently operating at LOS D or better during the weekday AM and PM peak hours under existing conditions. With the redistribution of existing traffic due to the street vacation, roadway narrowing, and new traffic associated with the retail building, plus the other improvements and recommendations described above, all ten study intersections are expected to continue to operate at LOS D or better during the weekday AM and PM peak hours, as indicated in column [2] of Table 2. Four of the study intersections are anticipated to result in slight increases in delays while the remaining six study intersections are anticipated to result in slight decreases in delays. None of the study intersections is expected to degrade to LOS E or LOS F operations during the analysis peak hours. The HCM data worksheets for the study intersections are contained in Appendix B. Traffic Control Warrant Assessment A traffic control warrant assessment has been prepared to determine what type of traffic control is appropriate at :Pacific Avenue/Maine Avenue following the vacation of Maine Avenue, between Sterling Way to the west and Pacific Avenue/Maine Avenue (East) to the east, and the roadway narrowing of Maine Avenue -Pacific Avenue south of Ramona Boulevard. Warrant No. 1 (Eight Hour Vehicular Volume), Warrant No. 2 (Four Hour Vehicular Volume), and Warrant No. 3 (Peak Hour Volume) outlined in Chapter 4C of the California Manual on Uniform Traffic Control Devices' (MUTCD) were initially reviewed. However, since there will no longer be a minor street at Pacific Avenue/Maine Avenue following the vacation of Maine Avenue, none of the vehicular volume warrants is expected to be satisfied. Thus, a standard traffic signal control is not determined to be warranted. Guidelines outlined in Chapter 4F of the MUTCD were also reviewed for potential pedestrian hybrid beacon installation at the subject location. A pedestrian hybrid beacon, also known as a HAWK (High -Intensity Activated CrossWa1K) beacon, is used to warn and control traffic at an unsignalized location to assist pedestrians in crossing a roadway at a marked crosswalk. As part of the Zocalo Park project, the roadway segment of Maine Avenue -Pacific Avenue will be narrowed and the crosswalk length at the subject location will be reduced to approximately 44 feet. For a major street where the posted speed limit exceeds 35 miles per hour (mph), a HAWK beacon should be considered when the plotted point representing the vehicles per hour on the major street (total of both approaches) and the corresponding total of all pedestrians crossing the major street for one hour of an average day falls above the applicable curve in Figure 4F-2 for the length of the crosswalk. The lower threshold z California Manual on Uniform Traffic Control Devices (MUTCD), State of California Business, Transportation and Housing Agency, Department of Transportation, 2014 Edition, Revision 6, March 30, 2021. O .JOB_ FELL; 446Y\Repo,l 4468 .M2-Zocalo Civic Pla—doc Kevin O'Brien, AIA LEED AP Pouya Goshayeshi, AIA August 18, 2022 Page 7 volume is 20 pedestrians per hour. A review of the existing count data contained in Appendix A shows nine pedestrians crossing at the subject location during the weekday PM peak hour. However, with the Zocalo Park project amenities and other entertainment activities, the lower pedestrian threshold volume will most certainly be met. For crosswalks that have lengths other than the four that are specifically shown in Figure 4F-2, the values should be interpolated between the curves. As shown in the worksheet contained in Appendix C, the guidance is met when the plotted point falls above the appropriate curve. The number of pedestrian crossings at .Maine Avenue/Pacific Avenue is expected to increase after the completion of the Zocalo Park project. Furthermore, based on the posted speed limit of 40 mph on Pacific Avenue and the vehicular traffic volumes shown in Appendix C (i.e., approximately 1,300 vehicles during the weekday PM peak hour under the existing with project condition), installation of a HAWK beacon at the subject Maine Avenue/Pacific Avenue location is justified and therefore recommended. Project Parking The City of Baldwin Park Code of Ordinances off-street parking and loading requirements for residential and non-residential land uses are set forth in Section 153.150. In accordance with the Code of Ordinances parking regulations, the applicable parking requirement for the project is as follows: • Retail sales -general 1.0 space/250square feet of building area Through strict application of the Code of Ordinances parking regulations, the following parking requirement is calculated for the project retail building: • Retail :Building: 3,250 SF x 1.0 space/250 SF = 13 spaces Based on the above calculation, the City Code parking requirement for the project retail building totals 1.3 spaces. Thus, the project parking supply of 27 spaces would satisfy the Code parking requirement. Summary and Conclusions • Project Description — This transportation assessment has been conducted to identify and evaluate the potential impacts of traffic generated by the Zocalo Park project. The project site is located at 14349 Pacific Avenue in the City of Baldwin Park. The Zocalo :Park project involves the vacation of Maine Avenue, between Sterling Way to the west and Pacific Avenue/Maine Avenue (East) to the east, directly west of the City Hall/Civic Center area. A small retail building totaling approximately 3,250 square feet of floor area will be constructed as part of the O JOB FILE, 4468 RQ1 a i4468-A42-Z,, ,,io Civic Plaz A- Kevin O'Brien, AIA LEED AP Pouya Goshayeshi, AIA August 18, 2022 Page 8 project. A total of 27 parking spaces is planned to be provided. In addition, the roadway segment of Maine Avenue -Pacific Avenue, south of Ramona Boulevard, will also be narrowed to provide one vehicular travel lane and one bicycle lane in each direction. Completion and full occupancy of the proposed project is expected to occur by the year 2023. • Project Retail Building Trip Generation Forecast — The project retail building is forecast to generate eight vehicle trips (five inbound trips and three outbound trips) during the weekday AM peak hour. During the weekday PM peak hour, the project retail building is forecast to generate 21 vehicle trips (11 inbound trips and 10 outbound trips). Over a 24-hour period, the project retail building is forecast to generate 177 daily trip ends (approximately 89 inbound trips and 89 outbound trips) during a typical weekday. • Level of Service Analysis — All ten study intersections are presently operating at LOS D or better during the weekday AM and PM peak hours under existing conditions. With the redistribution of existing traffic due to the street vacation, roadway narrowing, new traffic associated with the retail building, plus the other improvements and recommendations, all ten study intersections are expected to continue to operate at LOS D or better during the weekday AM and PM peak hours. None of the study intersections is expected to degrade to LOS E or LOS F operations during the analysis peak hours. No significant transportation impacts are expected with the project. • Traffic Control Warrant Assessment - Guidelines outlined in the MUTCD were reviewed for potential HAWK beacon installation at Maine Avenue -Pacific Avenue. The number of pedestrian crossings is expected to increase after the completion of the Zocalo Park project. In addition, based on the posted speed limit of 40 mph on Pacific Avenue and the peak hour vehicular traffic volumes under the with project condition, installation of a HAWK beacon at the subject location is justified and therefore recommended. • Project Parking — The City Code parking requirement for the project retail building totals 13 spaces. Thus, the project parking supply of 27 spaces would satisfy the Code parking requirement. In modeling traffic signal operations using the Synchro software, LLG is confident that the overall traffic operations will work well during the AM and PM peak hour analysis time periods. Nonetheless, it is suggested that large scale activities/events in O .JOB_ FILE, 446E RQI,. t446£s-M2-L,, 10 Ci, is Pta—d- Kevin O'Brien, AIA LEED AP Pouya Goshayeshi, AIA August 18, 2022 Page 9 the plaza be scheduled outside of the weekday AM and PM peak periods, to the extent feasible. Attachments Tables 1 Project Trip Generation 2 Summary of Intersection Delays and Levels of Service Figures 1 Vicinity Map 2 Aerial Photograph of Existing Project Site 3 Overall Site Plan 4 Existing Traffic Volumes — Weekday AM :Peak Hour 5 Existing Traffic Volumes — Weekday PM Peak Hour 6 Project Traffic Volumes — Weekday AM Peak Hour 7 Project Traffic Volumes — Weekday PM Peak Hour 8 Existing With Project Traffic Volumes — Weekday AM Peak Hour 9 Existing With Project Traffic Volumes — Weekday PM :Peak Hour Appendices A Traffic, Pedestrian, and Bicycle Count Data B Intersection Operational Analysis — HCM Data Worksheets C Traffic Control Warrant Analysis O .JOB_ FILE, 446E RQ1— i 4468-A42-Zocab Civic Pl —.d- Table 1 PROJECT TRIP GENERATION [1] LAND USE DAILY TRIP ENDS 12 SIZE VOLUMES AM PEAK HOUR VOLUMES 121 PM PEAK HOUR VOLUMES [2] IN OUT TOTAL IN OUT TOTAL Proposed Project Retail Building [3] 3,250 GLSF 177 5 3 8 11 10 21 NET INCREASE 177 5 3 8 11 10 1 21 [1] Source: ITE "Trip Generation Manual", 1 lth Edition, 2021. [2] Trips are one-way traffic movements, entering or leaving. [3] ITE Land Use Code 822 (Strip Retail Plaza <40k) trip generation average rates. Daily Trip Rate: 54.45 trips/1,000 SF of floor area; 50% inbound/50% outbound AM Peak Hour Trip Rate: 2.36 trips/1,000 SF of floor area; 60% inbound/40% outbound PM Peak Hour Trip Rate: 6.59 trips/1,000 SF of floor area; 50% inbound/50% outbound LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 1-22-4468-1 Zocalo Civic Plaza Project Table 2 SUMMARY OF INTERSECTION DELAYS AND LEVELS OF SERVICE [1] WEEKDAY AM AND PM PEAK HOURS lal Ibl EXISTING CHANGE. EXISTING WITH PROJECT IN TRAFFIC PEAK DELAY LOS DELAY LOS DELAY NO. INTERSECTION CONTROL. HOUR 121 [31 [21 [31 Qbl-[al) I Baldwin Park Boulevard/ Signalized AM 9.6 A 10.9 B 1.3 Sterling Way PM 7.5 A 8.8 A 1.3 2 Sterling Way (Connector Rd)/ Two -Way AM 16.7 C 25.1 D 8.4 Ramona Boulevard Stop PM 16.6 C 21.4 C 4.8 3 Connector Road/ Two -Way AM 10.7 B 9.3 A -1.4 Sterling Way Stop PM 10.8 B 9.4 A -1.4 4 Sterling Way / Two -Way Stop AM 18.8 C 7.5 A -11.3 Maine Avenue to PM 15.7 C 7A A -8.3 All -Way Stop 5 Cesar Chavez Drive/ Signalized AM 4.8 A 4.7 A -0.1 Ramona Boulevard PM 7.1 A 7.0 A -0.1 6 Maine Avenue/ Signalized AM 40.7 D 42.5 D 1.8 Ramona Boulevard PM 50.1 D 54.6 D 4.5 7 Maine Avenue/ Unsignalized AM 22.2 C 25.7 D 3.5 Alleyway (WB) PM 10.1 B 12.3 B 2.2 8 Pacific Avenue/ Two -Way Stop AM 20.6 C 0.8 A -19.8 Maine Avenue [4] to PM 23A C 0.9 A -22.2 Signalized 9 Pacific Avenue/ Two -Way Stop AM 19.8 B 3.2 A -16.6 Bogart Avenue to PM 20.4 C 4.7 A -15.7 Signalized 10 Pacific Avenue/ Signalized AM 7.3 A 7.0 A -0.3 Downing Avenue PM 6.3 A 6.1 A -0.2 [I] Intersection Level of Service analysis based on the Highway Capacity Manual, 6th Edition operational analysis methodologies. [2] Reported control delay values in seconds per vehicle. [3] Intersection Levels of Service are based on the following criteria: Signalized Intersection Unsignalized Intersection Control Delay s/veh) Control Delay s/veh) LOS - 10 - 10 A > 10-20 > 10-15 B > 20-35 > 15-25 C > 35-55 > 25-35 D > 55-80 > 35-50 E >80 >50 F [4] Intersection to be vacated under project conditions. A signalized mid -block crosswalk will be added LINSCOTT, LAW & GREENSPAN, engineers LLCi Ref. 1-22-4468-1 Zocalo Civic Plaza Project r co L 75 -1 IL E 0 z-blipo n azoa/a/to bmp ,—eijV5mp\goat,\air qd\:o CV U " Cn =3 a- � U O O) N .X W ti— O i CB O) O -I.— O i r CB O M —bup.� ac:[e,OL azoa/a[/to eMpz—���\5 p\agar\ai= qor/:o M C= 15 R5 ) N C.) L U Q) o O U N x ev ev Co n 0 CD c a> co m c co U co J v J -nbppoj 9Z:ZZ:66 ZZOZ/9l/b0 bMpLO_b9\5Mp\8944\aF1 qo�\:o 00 �� P og 0,..�0 y Os F O � c' 4 0`-4375 n —498 (Z85 \ i 88 AVE) ` Co ( �\ MAINE i 50—J 525--- 3 m t y 9�a a-O `19 `� ` Xk `„ GVRZpR 11'� � o ro G s� L 85 1 ` —526 67J BALDWIN PARK 496— 2 o� z� +�- (O \\� o U Q U CDcc 1-- o 0 ai N � v L X W 3: ev m —bup.o ifZO,OL zzoa/a[/to oMPLs—b�j\b.p\goat,\ae}-q.r\:o 00 �� P / a `-100 �1 1 eP Al'MAINE , ~3107 AVE) `ro5 ( Xl' 545' 61-J 1 � � 658--- 3 70-- � m U � / Of' �62 z .0 O GRgpR 24 1o,R o Zo 20'ti O N L52 —518 84 J BALDWIN PARK 472- 2 o� z� E U 0) a Co \\N CD d acu U o � � L X W 3: ev m —bup.� �6:6a�9L zzoa/2[/to eMps-���\b P\a9aa\ai'} qor/:o Oo �� P do moo OOS hr �� 0 P��PG �t -20 r$�2g5Q i --20 —35 MAINE 75 AVE Clo -64-- m GNPVEZOR � Z5 -29 1 `-30 -30 BALDWIN PARK 30- 2 o� z� Cfl Cn U L- E a � \\cu co � � Q � U o � U � � N L U (j � m U U O —bup.� tt 22 90 zzoa/6010 eMp e-���\b P\a9aa\ai'} qor/:o 00 �� P 00� �h PG�PG —20 --20 MAINE 61 AVE (--10 / —68-1NL 79q— m U � GHP EZ R � o �\ ON 1 `-20 —20 J BALDWIN PARK 20-- 2 o� z� Co N \\ � � ncu U o � U � � N L Q� (j = m U U O —bup.� L1:90,OL zzoa/aL/to Oo �� P OS o/ . �p y °9 9� Z� Ric' MN 21 n —533 5�L � r n --355 / MAINE , 163 AVE ` (--10 50—) 1 624--- 252— 53--N P 74 O J d �X\X A0, i°o m VQ) o � ~`0 1! L 56 1 ` —556 37 J BALDWIN PARK 526— 2 o� z� OO Cn U E = O =3 =3 0_ \® (o N V .C) iF— Q U Co a cc o Ln X W —bup.� �pzt�ao zzoa/61/to b.pL2—&jV5,p\a9tt\ae}-qd\:o Oo �� P ° z �rn $308 —566 569 MAINE , 168 AVEJ (--10 61-) 1 737-- 278� 08 �� a/b 74 � a a y y �ESPR ? o� L 34 1 ` —538 64 J BALDWIN PARK 492-- 2 o� z� m U) U E = O 0_ \® (o N V .C) iF— n U Co acc o Ln X LU —bup.o to:m�oL zzoa/a[/to 5.Pa-b��Vb P\sort\ai'} qd\:. F.11MM77.11 TRAFFIC, PEDESTRIAN, AND BICYCLE COUNT DATA LINScoTT, LAW & GREENSPAN, engineers LLG Ref. 1-22-4468-1 Zocalo Park Project CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : Baldwin ParkBlvd_SterlingWay Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 r,rnunc Printed_ Vehiclaw Baldwin Park Blvd Sterling Way Baldwin Park Blvd Southbound Westbound Northbound Eastbound Start Time Left- Thru Right Left Thru _Right Left- Thru Right Left Thru Rht -- Int. Total 07:00 AM 8 77 0 16 0 21 0 71 4 0 0 0 197 07:15 AM 8 86 0 27 0 27 0 87 10 0 0 0 245 07:30 AM 12 142 0 42 0 29 0 127 18 0 0 0 370 07:45 AM 27 122 0 51 0 34 0 152 32 0 0 0 418 Total 55 427 0 136 0 111 0 437 64 0 0 0 1230 08:00 AM 19 126 0 37 0 38 0 128 24 0 0 0 372 08:15 AM 9 106 0 26 0 36 0 119 11 0 0 0 307 08:30 AM 11 105 0 17 0 15 0 81 11 0 0 0 240 08:45 AM 8 96 0 17 0 15 0 84 15 0 0 0 235 Total 47 433 0 97 0 104 0 412 61 0 0 0 1154 09:00 AM 8 74 0 10 0 24 0 80 10 0 0 0 206 09:15 AM 5 67 0 18 0 19 0 74 10 0 0 0 193 09:30 AM 10 66 0 14 0 16 0 78 11 0 0 0 195 09:45 AM 13 51 0 19 0 21 0 77 9 0 0 0 190 _ Total. -_ 36.. 258 0 61 0 80 0 309 40 0 0 01 784 03:00 PM 28 115 0 16 0 23 0 134 20 0 0 0 336 03:15 PM 20 96 0 21 0 14 0 131 21 0 0 0 303 03:30 PM 23 106 0 36 0 29 0 126 21 0 0 0 341 03:45 PM 21 97 0 22 0 26 0 136 22 0 0 0 324 Total 92 414 0 95 0 92 0 527 84 0 0 0 1304 04:00 PM 27 103 0 22 0 29 0 126 12 0 0 0 319 04:15 PM 25 106 0 24 0 19 0 146 11 0 0 0 331 04:30 PM 15 100 0 19 0 14 0 127 22 0 0 0 297 04A5 PM _ 17 115 0 11.0 21 0 129 18 0 0 0 311 Total 84 424 0 76... 0 83.. 0 528 63 0 0 OI-- 1258 05:00 PM 23 118 0 17 0 26 0 123 18 0 0 0 325 05:15 PM 23 132 0 18 0 30 0 127 12 0 0 0 342 05:30 PM 14 108 0 21 0 23 0 148 11 0 0 0 325 05:45 PM 24 114 0 29 0 27 0 120 11 0 0 0 325 Total 84 472 0 85 0 106 0 518 52 0 0 0 1317 06:00 PM 13 97 0 27 0 20 0 127 14 0 0 0 298 06:15 PM 19 99 0 23 0 26 0 106 12 0 0 0 285 06:30 PM 24 81 0 17 0 21 0 123 11 0 0 0 277 06:45 PM 17 94 0 23 0 27 0 115 10 0 0 0 286 Total 73 371 0 90 0 94 0 471 47 0 0 01 1146 Grand Total 471 2799 0 640 0 670 0 3202 411 0 0 0 8193 Apprch % 14.4 85.6 0 48.9 0 51.1 0 88.6 11.4 0 0 0 Total % 5.7 34.2 0 7.8 0 8.2 0 39.1 5 0 0 0 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : Baldwin ParkBlvd_SterlingWay Site Code : 00000000 Start Date : 3/10/2022 Page No : 2 Baldwin Park Blvd Sterling Way Baldwin Park Blvd Southbound Westbound Northbound Eastbound Start Time Left I Thru Right App. Total Left Thru Right I App. Total Left L Thru Right App. Total Left Thru Right I App. Total Int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Beqins at 07:30 AM 07:30 AM 12 142 0 154 42 0 29 71 0 127 18 145 0 0 0 0 370 07:45 AM 27 122 0 149 51 0 34 85 0 152 32 184 0 0 0 0 418 08:00 AM 1 19 126 0 145 37 0 38 75 0 128 24 152 0 0 0 0 372 08:15 AM 9 106 0 115 26 0 36 62 0 119 11 130 0 0 0 0 307 Total Volume 67 496 0 563 156 0 137 293 0 526 85 611 0 0 0 0 1467 % App. Total 11.9 88.1 0 53.2 0 46.8 0 86.1 13.9 0 0 0 PHF .620 .873 .000 .914 .765 .000 .901 .862 .000 .865 .664 .830 .000 .000 .000 .000 .877 Baldwin Park Blvd Out In Total 663 563 1226 0 496 67 Right Thru Left Peak Hour Data - _? T ° North3 J n o m c F� Peak Hour Begins at 07:30 AM O W o O srn Vehicles_ n CD 0 K 1 o cn — 4 F+ Left Thru Ri ht 0 526 85 �_ -F _. 652 E611 Eu63 0 ut In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : Baldwin ParkBlvd_SterlingWay Site Code : 00000000 Start Date : 3/10/2022 Page No : 3 Baldwin Park Blvd Southbound "StTime Sterling Way Westbound Baldwin Park Blvd Northbound Eastbound Left Thru Right I App. Total Left I Thru Right App. Total Left Thru I Right App. Total Left I Thru I Right App. Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 05:00 PM Int. Total 05:00 PM 1 23 118 0 141 17 0 26 43 0 123 18 141 0 0 0 0 325 05:15 PM 23 132 0 155 18 0 30 48 0 127 12 139 0 0 0 0 342 05:30 PM 14 108 0 122 21 0 23 44 0 148 11 159 0 0 0 0 325 05:45 PM 1 24 114 0 138 29 0 27 56 0 120 11 131 0 0 0 0 325 Total Volume 1 84 472 0 556 85 0 106 191 0 518 52 570 0 0 0 0 1317 % App. Total 15.1 84.9 0 44_5 0 . 55.5 0 90.9 9.1 0... 0 0 PHF 875 .894 .000 .897 .733 .000 .883 .853 A00 .875 .722 .896 .000 .000 .000 .000 1 .963 Baldwin Park Blvd Out In Total �624�80 Right Thru Left Peak Hour Data 0 o S O ~ J NorthCn o m o c Peak Hour Begins at 05:00 P 1� 5 Q o o s Vehicles r m 0 � 1 � W to Nup1 v - Left Thru Right 0 518 52 557 570 F 1127 0 ut In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name Site Code Start Date Page No [,rnuns Printarl_ Rikaw P Paris Baldwin ParkBlvd_Sterl i ngWay_BP 00000000 3/10/2022 1 Baldwin Park Blvd Sterling Way Baldwin Park Blvd Southbound Westbound Northbound Eastbound Start Time Bikes Peds Bikes Peds Bikes Peds Bikes L Peds Int. Total 07:00 AM 0 0 0 4 0 0 0 0 4 07:15 AM 0 0 0 0 0 31 0 0 3 07:30 AM 0 0 0 1 0 1 1 0 0 2 07:45 AM 0 0 0 0 0 41 0 0 4 Total 0 01 0 5 0 81 0 0 13 08:00 AM 0 0 0 1 0 21 0 0 3 08:15 AM 0 0 1 3 0 21 0 0 6 08:30 AM 0 0 0 2 0 2 1 0 0 4 08:45 AM 0 0 0 3 0 21 0 0 5 Total 0 0 1 9 0 81 0 0 18 09:00 AM 0 0 1 2 0 21 0 0 5 09:15 AM 0 0 0 1 0 1 0 0 2 09:30 AM 0 0 0 2 0 1 0 0 3 09:45 AM 0 0 0 1 0 3 0 0 4 Total 0 0 1 6 0 7 0 0 14 03:00 PM 0 0 0 5 0 31 0 0 8 03:15 PM 0 0 0 0 0 21 0 0 2 03:30 PM 0 0 1 2 0 1 0 0 4 03:45 PM 0 0 0 2 0 4 0 0 6 Total 0 0 1 9 0 101 0 0 20 04:00 PM 0 0 0 0 0 1 0 0 1 04:15PM 0 0 0 1 0 2 0 0 3 04:30 PM 0 0 0 0 0 1 0 0 1 04:45 PM 0 0 0 1 0 3 0 0 4 Total 0 0 0 2 07 0 0 9 05:00 PM 0 0 0 1 0 1 0 0 2 05:15 PM 0 0 0 2 0 21 0 0 4 05:30 PM 0 0 0 2 0 01 0 0 2 05:45 PM 0 0 0 2 0 01 0 0 2 Total 0 0 0 7 0 31 0 0 10 06:00 PM 0 0 0 4 0 1 0 0 5 06:15PM 0 0 0 2 0 1 0 0 3 06:30 PM 0 0 0 0 0 1 0 0 1 Total 0 0 0 6 0 3 0 0 9 Grand Total 0 0 3 44 0 461 0 0 93 Apprch % 0 0 6.4 93.6 0 1001 0 0 Total % 0 0 3.2 47.3 0 49.51 0 0 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : Baldwin ParkBlvd_SterlingWay_BP Site Code : 00000000 Start Date : 3/10/2022 Page No :2 Baldwin Park Blvd Southbound Sterling Way Westbound Baldwin Park Blvd Northbound Eastbound Start Time L Bikes Peds App. Total L Bikes 1__Re#sj App. Total I Bikes I Peds App. Total Bikes t Peds LApp. Total Int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 08:15 AM 08:15 AM 0 0 0 1 3 4 0 2 2 0 0 0 6 08:30 AM 0 0 0 0 2 2 0 2 2 0 0 0 4 08:45 AM 0 0 0 0 3 3 0 2 2 0 0 0 5 09:00 AM 0 0 0 1 2 3 0 2 2 0 0 0 5 Total Volume 0 0 0 2 10 12 0 8 81 0 0 0 20 Baldwin Park Blvd Out In Total 0 0 0 0 0 Thru Peds Peak Hour Data North [B,kes ZHou gins at 08:15 AM T Thru Peds 01 8 8 Out In Total Ralrlwin Park Blvd CITY TRAFFIC COUNTERS MM.CTCOUNTERS.COM File Name : Baldwin ParkBlvd_SterlingWay_BP Site Code : 00000000 Start Date : 3/10/2022 Page No :3 Baldwin Park Blvd Sterling Way Baldwin Park Blvd Southbound Westbound Northbound Eastbound Start Time Bikes Peds App' Bikes Peds App. Bikes Peds App' Bikes Peds App. Int. Total Total Total Total Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 03:00 PM 03:00 PM 0 0 01 0 5 5 0 3 31 0 0 0 8 03:15 PM 0 0 0 0 0 0 0 2 21 0 0 0 2 03:30 PM 0 0 0 1 2 3 0 1 11 0 0 0 4 03:45 PM 0 0 0 0 2 2 0 4 41 0 0 0 6 Total Volume 0 0 0 1 9 10 0 10 101 0 0 0 20 Baldwin Park Blvd Out In Total 0 0 0 0 Thru Peds Peak Hour Data North Z k Hour Begins at 03:00 Ps & Peds T Thru Peds 01 10 O �OL, Out In Total Ralrlwin Park Rhid CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : SterlingWay(ConnectorRoad)_RamonaBlvd Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 r,rnunc Printed_ Vehiclaw Sterling Way (Connector Ramona Blvd Road) Ramona Blvd Southbound Westbound Northbound Eastbound Start Time Left—L Thru Right Left Thru Right Left Thru]_Right Left Thru Rug ht Int. Total 07:00 AM 0 0 0 11 183 0 40 2 0 86 0 286 07:15 AM 0 0 0 10 179 0 6 0 3 0 120 3 321 07:30 AM 0 0 0 16 247 0 7 0 5 0 152 10 437 07:45 AM 0 0 0 11 230 0 3 0 12 0 172 3 431 Total 0 0 0 48 839 0 20 0 22 0 530 16 1475 08:00 AM 0 0 0 7 209 0 1 0 11 0 178 5 411 08:15 AM 0 0 0 9 198 0 2 0 7 0 143 2 361 08:30 AM 0 0 0 5 171 0 6 0 3 0 126 8 319 08:45 AM 0 0 0 7 149 0 4 0 6 0 140 4 310 Total 0 0 0 28 727 0 13 0 27 0 587 19 1401 09:00 AM 0 0 0 2 118 0 5 0 6 0 137 2 270 09:15 AM 0 0 0 3 153 0 3 0 7 0 124 5 295 09:30 AM 0 0 0 8 125 0 5 0 6 0 132 2 278 09:45 AM 0 0 0 7 148 0 2 0 5 0 157 5 324 Total 0 0 0 20 544 0 15 0 24 0 550 141 1167 03:00 PM 0 0 0 6 175 0 3 0 12 0 271 4 471 03:15 PM 0 0 0 9 171 0 0 0 9 0 249 5 443 03:30 PM 0 0 0 14 161 0 2 0 7 0 233 9 426 03:45 PM 0 0 0 11 184 0 1 0 8 0 242 9 455 Total 0 0 0 40 691 0 6 0 36 0 995 27 1795 04:00 PM 0 0 0 9 155 0 1 0 3 0 219 5 392 04:15 PM 0 0 0 11 180 0 0 0 5 0 266 9 471 04:30 PM 0 0 0 5 154 0 7 0 8 0 235 11 420 04:45 PM _ 0 0 0 10 184 0-- 00 14 0 276 8 492 Total 0 0 0 35..... 673 0 8 0 30 0 996 33 - 1775 05:00 PM 0 0 0 11 155 0 0 0 12 0 259 3 440 05:15 PM 0 0 0 13 186 0 3 0 8 0 240 7 457 05:30 PM 0 0 0 11 184 0 1 0 6 0 245 8 455 05:45 PM 0 0 0 10 170 0 1 0 4 0 256 4 445 Total 0 0 0 45 695 0 5 0 30 0 1000 22 1797 06:00 PM 0 0 0 13 154 0 1 0 16 0 227 6 417 06:15 PM 0 0 0 9 161 0 4 0 4 0 222 3 403 06:30 PM 0 0 0 5 127 0 1 0 7 0 188 2 330 06:45 PM 0 0 0 3 128 0 1 0 8 0 222 5 367 Total 0 0 0 30 570 0 7 0 35 0 859 16 1517 Grand Total 0 0 0 246 4739 0 74 0 204 0 5517 147 10927 Apprch % 0 0 0 4.9 9 5. 1 0 26.6 0 73.4 0 97.4 2.6 Total % 0 0 0 2.3 43.4 0 0.7 0 1.9 0 50.5 1.3 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : SterlingWay(ConnectorRoad)_RamonaBlvd Site Code : 00000000 Start Date : 3/10/2022 Page No :2 Sterling Way (Connector Ramona Blvd Road) Ramona Blvd Southbound Westbound Eastbound Northbound Start Time LeftThru L Right Ap .Total Left Thru Right Ate. Totai Left Thru Right app. Total Left Thru_ Right I App. rocai__ Int. Total_ Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Beqins at 07:30 AM 07:30 AM 0 0 0 0 16 247 0 263 7 0 5 12 0 152 10 162 437 07:45 AM 0 0 0 0 11 230 0 241 3 0 12 15 0 172 3 175 431 08:00 AM ( 0 0 0 0 7 209 0 216 1 0 11 12 0 178 5 183 411 08:15 AM 0 0 0 0 9 198 0 207 2 0 7 9 0 143 2 145 361 Total Volume 0 0 0 0 43 884 0 927 13 0 35 48 0 645 20 665 1640 % App. Total 0 0 0 4.6 95.4 0 27.1 0 72.9 0 97 3 PHF 1 .000 .000 .000 .000 .672 .895 .000 .881 .464 .000 .729 .800 .000 .906 .500 .908 .938 Out In Total 0 0 0 0 0 0 Right Thru Left Peak Hour Data North 3 A o v 3 o h ► Peak Hour Begins at 07:30 AM 1.. wET E a co Of o srn Vehicles rCD Q 0 ow F+ Left Thru Ri ht _ ....F5 63 48 111 Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : SterlingWay(ConnectorRoad)_RamonaBlvd Site Code : 00000000 Start Date : 3/10/2022 Page No :3 Sterling Way (Connector Ramona Blvd Ramona Blvd Road) Southbound Westbound Eastbound Northbound Start Time Left Thru Right A . Total Left Thru Right App. Total Left Thru Right App. Total Left Thru Ri ht A .Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:45 PM Int. Total 04:45 PM 0 0 0 0 10 184 0 194 0 0 14 14 0 276 8 284 492 05:00 PM ( 0 0 0 0 11 155 0 166 0 0 12 12 0 259 3 262 440 05:15 PM ( 0 0 0 0 13 186 0 199 3 0 8 11 0 240 7 247 457 05:30 PM 0 0 0 0 11 184 0 195 1 0 6 7 0 245 8 253 455 Total Volume 0 0 0 0 45 709 0 754 4 0 40 44 0 1020 26 1046 1844 % App. Total 0 0 0 6 94 0 _ 9.1 _ 0 90.9 0... 97.5 _ 2.5 PHF .000 .000 .000 .000 .865 .953 .000 .947 .333 .000 .714 .786 .000 .924 .813 .921 .937 Out In Total 7MOO Right Thru Left 1 1__, Peak Hour Data 7Em 6 -j North o o m m �v o B o— F...........-► Peak Hour Begins at 04:45 P 1� o50 E Co a W M N L Vehicles F+ Left Thru Right 4 0 40 71 44 115 Out In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : SterlingWay(ConnectorRoad)_RamonaBlvd_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 r,rnuns Printert_ Rikas P Pads Way y Ramona Blvd Ramona Blvd (Connector Road) Southbound Westbound Eastbound Northbound Start Time Bikes Peds Bikes Peds Bikes Peds Bikes Peds Int. Total 07:15 AM 0 01 0 0 1 01 0 01 1 07:45 AM 0 01 0 0 0 01 0 1 1 1 Total 0 0 1 0 0 1 0 1 0 1 1 2 08:15 AM 0 0 0 0 2 01 0 0 2 08:30 AM 0 0 0 0 1 0( 0 0 1 Total 0 0 0 0 3 0 1 0 0 3 03:00 PM 0 01 0 0 1 01 0 01 1 03:45 PM 0 01 0 0 1 01 0 01 1 Total 0 0 1 0 0 2 0 1 0 0 1 2 06:00 PM 0 0 0 0 2 0 0 0 2 06:15PM 0 0 0 0 2 0 0 0 2 Total 0 01 0 0 4 01 0 0 4 Grand Total 0 0 0 0 10 01 0 1 11 Apprch % 0 0 0 0 100 01 0 100 Total % 0 0 0 0 90.9 01 0 9.1 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name SterlingWay(ConnectorRoad)_RamonaBlvd—BP Site Code 00000000 Start Date 3/10/2022 Page No :2 Sterling Way (Connector Ramona Blvd Ramona Blvd Road) Southbound Westbound Eastbound Northbound Start Time Bikes; [ Peds I App_Tqt_ql _Oike_s Peds App. Tota Bikes Peds Pedspp Total Bikes --Peds —LApp T-o--tal I nt. Total_ Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Beqins at 07:45 AM 07:45 AM 0 0 0 0 0 0 0 0 01 0 1 1 1 08:00 AM 0 0 0 0 0 0 0 0 01 0 0 0 0 08:15 AM 0 0 0 1 0 0 0 2 0 21 0 0 0 2 08:30 AM 0 0 0 0 0 0 1 0 1 1 0 0 0 1 Total Volume 0 0 0 0 0 0 3 0 31 0 1 1 4 % App. Total 0 0 0 0 100 0 1 0 100 PHIF .000 .000 .000 1 .000 .000 .000 .375 .000 .375 1 .000 .250 .250 .500 Out In Total F 31 0 F 31 0 0 Thru Peds Peak Hour Data 0 North 0 �kl oPk HBegins 07:45 AIVIET� eaour ns a E o CD -U 00 M of o a) Bikes & Peds o < --q 0 Thru Peds =��= 31 Total stp2lu'tIn To , Way (ConripetoroRad) CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : SterlingWay(ConnectorRoad)_RamonaBlvd_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 3 Ramona Blvd Sterling Way (Connector Ramona Blvd Road) Southbound Westbound Eastbound Northbound Start Time Bikes Peds App' Bikes Peds App' Bikes Peds App' Bikes Peds ::��App' Int. TotalTotal Total Total otal Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Beqins at 05:30 PM 05:30PM 0 0 01 0 0 0 0 0 01 0 0 0 0 05:45PM 0 0 01 0 0 0 0 0 01 0 0 0 0 06:00 PM 0 0 01 0 0 0 2 0 2 0 0 0 2 06:15 PM 0 0 0 0 0 0 2 0 2 0 0 0 2 Total Volume 0 0 0 0 0 0 4 0 4 0 0 0 4 % App. Total 0 0 0 0 100 0 0 0 PHF .000 .000 .000 .000 .010 .000 .500 .000 .500 .000 .000 .000 .500 Out In Total ® 0 0 0 Thru Peds Peak Hour Data � o � North m F 2 o — o N Peak Hour Begins at 05:30 PM v E a m W of o (o a Bikes & Peds a O I Thru Peds 4 0 4 Out In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : SterlingWay(ConnectorRoad)_SterlingWay Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 f'rmms Printed_ Vehicles Sterling Way (Connector Sterling Way Car Wash Driveway Sterling Way Road) Southbound Westbound Northbound Eastbound Start Time Left Thru Right Left Thru, Ri ht Left_ Thru Right Left Thru Ri ht Int. Total 07:00 AM 3 0 8 1 18 6 0 0 0 1 9 0 46 07:15 AM 5 0 11 0 37 8 0 0 0 1 17 1 80 07:30 AM I I 0 15 0 49 12 0 0 0 4 24 0 115 07:45 AM 13 0 8 0 55 10 0 0 0 4 47 0 137 Total 32 0 42 1 159 36 0 0 0 10 97 1 378 08:00 AM 9 1 3 0 64 7 0 0 0 5 32 0 121 08:15 AM 9 0 6 1 34 11 0 0 0 1 16 0 78 08:30 AM 9 0 5 1 16 8 0 0 0 3 21 0 63 08:45 AM 4 1 5 0 24 10 0 0 0 5 14 0 63 Total 31 2 19 2 138 36 0 0 0 14 83 0 325 09:00 AM 2 0 3 0 20 9 0 0 0 5 13 0 52 09:15 AM 8 0 2 0 26 9 0 0 0 4 11 0 60 09:30 AM 9 0 1 0 21 9 0 0 0 3 17 1 61 09:45 AM _Total _ 8 0 3 0 13 9 0 0 0 3 12 1 49 . 27 0 9.. 0 80 36 0.. 0 0 15 53 2 I 222_ 03:00 PM 10 0 4 0 31 11 0 0 0 6 36 1 99 03:15 PM 11 0 5 1 22 11 0 0 0 9 32 1 92 03:30 PM 14 0 6 0 38 13 0 0 0 4 37 0 112 03:45 PM 20 0 5 0 33 5 0 0 0 5 36 0 104 Total 55 0 20 1 124 40 0 0 0 24 141 2 407 04:00 PM 10 0 3 0 42 7 0 0 0 3 32 0 97 04:15 PM 14 0 5 0 16 11 0 0 0 2 20 2 70 04:30 PM 13 0 4 0 20 12 0 0 0 7 27 0 83 04:45 PM 14 0 5 0 23 11 0 0 0 8 28 0 89 Total 51 0 17 0 101 41 0 0 0 20 107 2 339 05:00 PM 15 0 1 1 25 17 0 0 0 8 24 0 91 05:15 PM 11 0 6 1 32 9 0 0 0 2 33 0 94 05:30 PM 15 0 7 0 33 12 0 0 0 1 20 0 88 05:45 PM 11 0 4 0 35 12 0 0 0 4 26 0 92 Total 52 0 18 2 125 50 0 0 0 15 103 0 365 06:00 PM 9 0 2 0 29 8 0 0 0 4 22 0 74 06:1.5 PM 9 1 7 0 29 8 0 0 0 1 24 1 80 06:30 PM 1 0 1 0 22 4 0 0 0 4 24 0 56 06:45 PM 8 0 1 0 38 12 0 0 0 2 27 0 88 Total 27 1 11 0 118 32 0 0 0 11 97 1 298 Grand Total 275 3 136 6 845 271 0 0 0 109 681 8 2334 Apprch % 66.4 0.7 32.9 0.5 75.3 24.2 0 0 0 13.7 85.3 1 Total % 11.8 0.1 5.8 0.3 36.2 11.6 0 0 0 4.7 29.2 0.3 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : SterlingWay(ConnectorRoad)_SterlingWay Site Code : 00000000 Start Date : 3/10/2022 Page No : 2 Sterling Way (Connector Sterling Way Car Wash Driveway Sterling Way Road ) Westbound Northbound Eastbound Southbo Start Time eft] u t o 1prat p ru Right A gyp. Torzl Left �,,,,_ Left Thru, Rightp. Torat Left Thru Right A . Torah Int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 5 0 11 16 0 37 8 45 0 0 0 0 1 17 1 19 80 07:30 AM 11 0 15 26 0 49 12 61 0 0 0 0 4 24 0 28 115 07:45 AM ( 13 0 8 21 0 55 10 65 0 0 0 0 4 47 0 51 137 08:00 AM 9 1 3 13 0 64 7 71 0 0 0 0 5 32 0 37 121 Total Volume 38 1 37 76 0 205 37 242 0 0 0 0 14 120 1 135 453 % App. Total 50 1.3 48.7 0 84.7 15.3 0 0 0 10.4 88.9 0.7 PHF 1 .731 .250 .617 .731 .000 .801 .771 .852 .000 .000 .000 .000 .700 .638 .250 .662 .827 Sterling Way (Connector Road) Out In Total 511 76 F 127 37 1 38 Right Thru Left Peak Hour Data M North V °' cn u> m M O � `c ► Peak Hour Begins at 07:15 AM F- o N 65 N s VehiclesCD r 0.pO O � F+ Left Thru Ri ht 0 0 - I- 0 .0 Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : SterlingWay(ConnectorRoad)_SterlingWay Site Code : 00000000 Start Date : 3/10/2022 Page No : 3 Sterling Way (Connector Sterling Way Car Wash Driveway Sterling Way Road) Southbound Westbound Northbound Eastbound Start Time Left Thru Right I App. Total Left Thru Right App.Totaj Left Thru I Right I App. Total Left I Thru I Right App. Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 03:00 PM Int. Total 03:00 PM 10 0 4 14 0 31 11 42 0 0 0 0 6 36 1 43 99 03:15 PM 11 0 5 16 1 22 11 34 0 0 0 0 9 32 1 42 92 03:30 PM 14 0 6 20 0 38 13 51 0 0 0 0 4 37 0 41 112 03:45 PM 20 0 5 25 0 33 5 38 0 0 0 0 5 36 0 41 104 Total Volume 55 0 20 75 1 124 40 165 0 0 0 0 24 141 2 167 407 %A_pp,; Total 73.3 0 26.7 0.6 752 24.2 0 0 0,... .4 84,.4 1.2 PHF 688 000 .833 .750 .250 .816 .769 .809 .000 .000 .000 .000 .66 7 .953 .500 .971 1 .908 Sterling Way (Connector Road) Out In Total 64 75 F 139 20 0 55 Right Thru Left 1 1__, Peak Hour Data ~o ° v * �O N North �� o ° c_n m ME F.............► Peak Hour Begins at 03:00 P �, n s Vehicles � 0 ��� rnm Z F+ Left Thru Right 0 0 0 03 0 0 Out In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : SterlingWay(ConnectorRoad)_SterlingWay_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Grnnns Printed_ Rikes R. Peds Sterling Way Sterling Way Car Wash Driveway Sterling Way Road) Road) (Connectornd Westbound Southb Northbound Eastbound Start Time Bikes Peds Bikes Peds ffikesE Peds Bikes Peds Int. Total 07:15 AM 0 7 0 0 0 0 1 0 0 7 07:30 AM 0 6 0 0 0 0 1 0 0 6 07:45 AM 0 5 0 4 0 0 0 0 9 Total 0 18 ( 0 4 0 0 0 0 22 08:00 AM 0 5 0 2 0 0 0 0 7 08:15 AM 0 7 0 0 0 0 0 1 8 08:30 AM 0 4 0 1 0 0 0 0 5 08:45 AM 1 6 0 2 0 0 0 0 9 Total 1 22 0 5 0 0 0 1 29 09:00 AM 1 6 0 1 0 0 0 1 9 09:15 AM 0 2 0 2 0 0 0 0 4 09:30 AM 1 1 0 0 0 0( 0 0 2 09:45 AM 3 1 0_ 1_ 0 0 0 0 5 Total 5 10 0 4 0 0 0 1 20 03:00 PM 2 8 0 2 0 0( 0 5 17 03:15 PM 0 2 0 1 0 0 0 0 3 03:30 PM 4 2 0 1 0 0 0 0 7 03:45 PM 1 6 0 0 0 0 0 0 7 Total 7 18 0 4 0 0 0 5 34 04:00 PM 0 4 0 1 0 0 0 0 5 04:15 PM 0 3 0 0 0 0 0 0 3 04:30 PM 0 6 0 0 0 0( 0 0 6 04:45 PM 0 1 0 0 0 0 0 1 2 Total 0 14 0 1 0 0�0 1 16 05:00 PM 1 3 0 0 0 0 1 0 5 05:15 PM 1 3 0 0 0 0 0 0 4 05:30 PM 0 3 0 0 0 0( 0 0 3 05:45 PM 1 3 0 0 0 0 0 0 4 Total 3 12 0 0 0 0 1 0 16 06:00 PM 0 2 0 0 0 0( 0 0 2 06:45 PM 1 0 0 1 0 0 0 0 2 Total 1 2( 0 1 0 0 0 0 4 Grand Total 17 96 0 19 0 0 ( 1 8 141 Apprch % 15 85 0 100 0 0 1 11.1 88.9 Total % 12.1 68.1 0 13.5 0 0 ( 0.7 5.7 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : SterlingWay(ConnectorRoad)_SterlingWay_BP Site Code : 00000000 Start Date : 3/10/2022 Page No :2 Sterling Way (Connector Sterling Way Car Wash Driveway Sterling Way Road) Westbound Southbound Northbound Eastbound Start Time Bikes Peds_ App_Total Bikes _Peds FApp. Total Bikes Peds A . Total Bikes Peds A . Total Int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 08:15 AM 08:15 AM 0 7 71 0 0 0 0 0 0 0 1 1 8 08:30 AM 0 4 4 0 l 1 0 0 0 0 0 0 5 08:45 AM 1 6 7 0 2 2 0 0 0( 0 0 0 9 09:00 AM 1 6 7 0 1 1 0 0 0 0 1 1 9 Total Volume 2 23 25 0 4 4 0 0 0 0 2 2 31 % App. Total 8 92 0 100 0 0 0 100 PHF .500 .821 .893 1 .000 .500 .500 .000 .000 .000 1 .000 .500 .500 .861 Sterling Way (Connector Road) Out In Total 0 25 F 25 2 23 Thru Peds Peak Hour Data T T o North N Peak Hour Begins at 08:15 AM fl N NO 65 a Bikes & Peds a, O a o_ A � Thru Peds 0 0 0 Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : SterlingWay(ConnectorRoad)_SterlingWay_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 3 Sterling Way (Connector Sterling Way Car Wash Driveway Sterling Way Road) Westbound Southbound Northbound Eastbound Start Time Bikes Peds App. Bikes Peds App. Bikes Peds App' Bikes Peds App' Int. Total Total Total Total Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1. Peak Hour for Entire Intersection Begins at 03:00 PM 03:00 PM 2 8 10 1 0 2 2 0 0 0 1 0 5 5 17 03:15 PM 0 2 2 1 0 l 1 0 0 0 1 0 0 0 3 03:30 PM 4 2 6( 0 1 1 0 0 01 0 0 0 7 03:45 PM I 6 7 0 0 0 0 0 0 0 0 0 7 Total Volume 7. 18 25..�0 4_ 4 0. 0. 00 5 5 34. terling Way (connector Koa Out In Total Fol 25 25. L— 'L 18.1 Thru Peds Peak Hour Data North Peak Hour Begins at 03:00 PM Bikes & Peds T Thru.... Peds 0 0 07 0 0 Out In Total rar Wash Driveway CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM Grmms Printed_ Vehicles File Name : SterlingWay_MaineAve Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Sterling Way Maine Avenue Church/School Driveway Maine Avenue Southbound Westbound Northbound Eastbound Start Time Left T ru ]--Right Left .L T ru, Right LeftL T ru ]--Right Le,,.t T ru Right Int. To,tal 07:00 AM 10 3 1 0 14 24 0 0 0 3 13 0 68 07:15 AM 19 2 3 1 20 33 0 0 0 13 24 3 118 07:30 AM 29 1 4 3 46 51 0 0 0 12 38 1 185 07:45 AM 46 4 8 2 48 50 0 0 0 14 56 4 232 Total 104 10 16 6 128 158 0 0 0 42 131 8 603 08:00 AM 30 3 4 4 41 54 5 6 4 10 32 4 197 08:15 AM 19 2 5 2 27 35 0 1 2 10 20 1 124 08:30 AM 27 0 5 1 13 23 1 1 0 2 14 0 87 08:45 AM 14 0 2 0 17 27 0 0 0 7 23 1 91 Total 90 5 16 7 98 139 6 8 6 29 89 6 499 09:00 AM 12 0 3 1 18 23 0 0 1 6 20 0 84 09:15 AM 7 1 4 0 12 29 0 0 1 6 22 0 82 09:30 AM 15 0 5 0 22 32 0 0 0 4 24 0 102 09:45 AM 17 1 8 1 21 29 0 0 1 4 27 0 109 Total 51 2 20 2 73 113 0 0 3 20 93 0 377 03:00 PM 32 1 9 0 38 28 0 1 0 5 38 0 152 03:15 PM 38 1 9 1 21 30 0 4 0 7 40 0 151 03:30 PM 41 1 8 0 41 39 0 1 1 8 29 1 170 03:45 PM 40 2 11 1 39 27 1 2 0 9 34 0 166 Total 151 5 37 2 139 124 1 8 1 29 141 1 639 04:00 PM 30 3 8 0 39 34 1 3 0 5 28 2 153 04:15 PM 22 2 11 0 39 26 0 2 0 8 22 0 132 04:30 PM 31 0 10 0 33 19 1 2 2 6 29 0 133 04:45 PM_ 30 1 4 0 27 23 0 1 0 7 25 0 118 Total. _ 113 6 33 0 . 1.38 102 _ 2 8 . 2 26 104 2 1 536 05:00 PM 38 1 11 0 26 30 1 1 0 10 26 0 144 05:15 PM 37 0 6 1 30 29 0 0 0 6 19 0 128 05:30 PM 21 0 10 1 38 39 0 1 0 8 25 0 143 05:45 PM 38 0 9 0 33 35 0 1 0 7 25 0 148 Total 134 1 36 2 127 133 1 3 0 31 95 0 563 06:00 PM 24 1 6 0 31 31 0 0 0 8 30 0 131 06:15 PM 31 1 5 0 24 41 0 1 0 4 15 0 122 06:30 PM 17 0 5 0 32 19 0 0 0 6 23 0 102 06:45 PM 21 2 7 0 35 32 0 0 0 9 23 0 129 Total 93 4 23 0 122 123 0 1 0 27 91 0 1 484 Grand Total 736 33 181 19 825 892 10 28 12 204 744 17 3701 Apprch % 77.5 3.5 19.1 1.1 47.5 51.4 20 56 24 21.1 77.1 1.8 Total % 19.9 0.9 4.9 0.5 22.3 24.1 0.3 0.8 0.3 5.5 20.1 0.5 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : SterlingWay_MaineAve Site Code : 00000000 Start Date : 3/10/2022 Page No :2 Sterling Way Maine Avenue Church/School Driveway Maine Avenue Southbound Westbound Northbound Eastbound Start Time I Left Thru L Right App. Total L Leftj Thru Right : pM Total Left Thru I Right App. rotat Left Thru Right App. `total Hit. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak I of I Peak Hour for Entire Intersection Begins at 07:30 AM 07:30 AM 29 1 4 34 3 46 51 100 0 0 0 0 12 38 1 51 185 07:45 AM 46 4 8 58 2 48 50 100 0 0 0 0 14 56 4 74 232 08:00 AM 30 3 4 37 4 41 54 99 5 6 4 15 10 32 4 46 197 08:15 AM 19 2 5 26 2 27 35 64 0 1 2 3 10 20 1 31 124 Total Volume 124 10 21 155 11 162 190 363 5 7 6 18 46 146 10 202 738 % App. Total 80 6.5 13.5 3 44.6 52.3 27.8 38.9 33.3 22.8 72.3 5 PHF .674 .625 .656 .668 .688 .844 .880 .908 .250 .292 .375 .300 .821 .652 .625 .682 .795 Sterling Way Out In Total 2-4-31 155 398 21 10 124 Right Thru Left Peak Hour Data North3 0 N c N FPeal Hour Begins at 07:30 AM �� W � D ~ N W N — I m o s cles �O� — CD w0 4 F+ Left Thru Ri ht 5 7 6 31 18F 49 Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : SterlingWay_MaineAve Site Code : 00000000 Start Date : 3/10/2022 Page No :3 Sterling Way Sorthbound Maine Avenue Westbound Church/School Driveway Northbound Maine Avenue Eastbound Start Time Left I Thru Right I App. Total Left Thru Right I App. Total Left I Thru I Right I App. Total Left Thru Right App. Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 03:15 PM Int. Total 03:15 PM 38 1 9 48 1 21 30 52 0 4 0 4 7 40 0 47 151 03:30 PM 41 1 8 50 0 41 39 80 0 1 1 2 8 29 1 38 170 03:45 PM 40 2 11 53 1 39 27 67 1 2 0 3 9 34 0 43 166 04:00 PM 30 3 8 41 0 39 34 73 1 3 0 4 5 28 2 35 153 Total Volume 149 7 36 192 2 140 130 272 2 10 1 13 29 131 3 163 640 % App. Total 77.6 3.6 18.8 0 7 51_.5 47.8 15.4 76.9 7.7_ 17.8 80.4. 1.8 PHF .909 .583 .818 .906 .500 .854 .833 .850 .500 .625 .250 .813 .806 .819 .375 .867 1 .941 Sterling Way Out In Total 169 192 361 36 7 _ 14_9 Right Thru Left Peak Hour Data � M co North o m 2 CD m CD Q c s - ► Peak Hour Begins at 03:15 P C ~ O N (D M m s Vehicles r W � Left Thru Right 2 10 1 12 13 25 Out In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : SterlingWay_MaineAve_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Groups Printed- Bikes & Peds Sterling Way Maine Avenue Church/School Maine Avenue Southbound Westbound Driveway Eastbound Northbound Start Time Bikes Peds Bikes Peds Bikes L Peds Bikes Peds Int. Total 07:00 AM 0 2 0 0 0 0 0 0 2 07:30 AM 0 1 0 0 0 0 0 0 1 07A5 AM 0 4 0 0 0 0( 0 0 4 Total 0 7 0 0 0 0 0 0 1 7 08:00 AM 0 3 0 0 0 0 0 0 3 08:15 AM 0 1 0 0 0 0 0 0 1 08:30 AM 0 4 0 0 0 0 0 0 4 08:45 AM 0 4 0 0 0 0 0 0 4 Total 0 12 0 0 0 0 0 0 12 09:00 AM 0 4 0 0 0 0 0 0 4 09:15 AM 0 3 0 0 0 0 0 0 3 09:30 AM 0 2 0 0 0 0( 0 0 2 09:45 AM 0 3 0_ 0_ 0 0 0 0 3 Total 0 12 0 0 0 0 0 0 12 03:00 PM 0 3 0 0 0 0( 0 0 3 03:15 PM 0 2 0 0 0 0 0 0 2 Total 0 6 J 0 0 0 01 0 0 1 6 04:00 PM 1 0 0 0 0 0 0 0 1 04:30 PM 1 1( 0 0 0 0 0 0 2 Total 2 1 0 0 1 0 0 F 0 F 3 05:00 PM 0 3 0 0 0 0 0 0 3 05:30 PM 0 5( 0 0 0 0 0 0 5 Total 0 8 0 0 0 0 0 0 8 06:00PM 0 2) 0 0 0 0 0 0 2 Total 0 2 0 0 0 0 0 0 2 Grand Total 2 48 0 0 0 0 0 0 50 Apprch % 4 96 0 0 0 0( 0 0 Total % 4 96 0 0 0 0 0 0 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : SterlingWay_MaineAve_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 2 Sterling Way Southbound Maine Avenue Westbound Church/School Driveway Northbound Maine Avenue Eastbound Start Time I Bikes L Peds-1 App. Total I Bikes-]—Peds App. Total Sikes t Peds App. Total L Bikes Peds I App. Total Int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak I of I Peak Hour for Entire Intersection Begins at 08:30 AM 08:30 AM 0 4 4 0 0 0 0 0 0 0 0 0 4 08:45 AM 0 4 4 0 0 0 0 0 0 0 0 0 4 09:00 AM 0 4 4( 0 0 0 0 0 01 0 0 0 4 09.15 AM 0 3 3 0 0 0 0 0 0 0 0 0 3 Total Volume 0 15 15 0 0 0 0 0 0 0 0 0 15 Sterling Way Out In Total 0 15 15 0 15 Thru Peds Peak Hour Data North [B,kes ZHou gins at 08:30 AM T Thru Peds 01 0 0 Out In Total r;hnrch/Srhnnl Driveway CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : SterlingWay_MaineAve_BP Site Code : 00000000 Start Date : 3/10/2022 Page No :3 Sterling Way Maine Avenue Church/School Driveway Maine Avenue Southbound Westbound Northbound Eastbound Start Time Bikes Peds App- Bikes Peds App' Bikes Peds `�pp" Bikes Peds App. Int. Total Total Total Total Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak I of 1 Peak Hour for Entire Intersection Begins at 04:45 PM 04:45 PM 0 0 0 0 0 0 0 0 0 1 0 0 0 0 05:00 PM 0 3 3 0 0 0 0 0 0 1 0 0 0 3 05:15 PM 0 0 0 0 0 0 0 0 0 0 0 0 0 05:30 PM 0 5 5 0 0 0 0 0 0 0 0 0 5 Total Volume 0 8 8 0 0 0 0 0 0 0 0 0 8 Sterling Way Out In Total 0 8 0 8 Thru Peds Peak Hour Data North Peak Hour Begins at 04:45 PM Bikes & Peds Thru Peds nI 0 � 0 of Lo Out In Total ('March/Schnnl Driveway CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : CesarChavezDr_RamonaBlvd Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 r,rnunc Printed_ Vehiclaw Cesar Chavez Drive Ramona Blvd Ramona Blvd Southbound Westbound Northbound Eastbound Start Time Left Thru Right Left Thru Right Left Thrul Right Left Thru Rjht -- Int. Total 07:00 AM 2 0 3 0 189 1 0 0 0 3 79 0 277 07:15 AM 2 0 3 0 188 0 0 0 0 5 113 0 311 07:30 AM 1 0 6 0 261 0 0 0 0 4 146 0 418 07:45 AM 1 0 3 0 239 5 0 0 0 9 176 0 433 Total 6 0 15 0 877 6 0 0 0 21 514 0 1439 08:00 AM 4 0 5 0 206 2 0 0 0 11 169 0 397 08:15 AM 1 0 3 0 202 5 0 0 0 7 141 0 359 08:30 AM 3 0 8 0 168 0 0 0 0 7 109 0 295 08:45 AM 0 0 5 0 149 1 0 0 0 7 132 0 294 Total 8 0 21 0 725 8 0 0 0 32 551 0 1345 09:00 AM 6 0 3 0 119 2 0 0 0 12 112 0 254 09:15 AM 0 0 5 0 141 1 0 0 0 7 104 0 258 09:30 AM 2 0 10 0 123 1 0 0 0 2 120 0 258 09:45 AM 1 0 5 0 146 1 0 0 0 7 135 0 295 Total 9 0 23 0 529 5 0 0 0 28 471 0 1065 03:00 PM 7 0 9 0 171 0 0 0 0 8 271 0 466 03:15 PM 4 0 8 0 179 1 0 0 0 12 233 0 437 03:30 PM 6 0 13 0 160 0 0 0 0 9 216 0 404 03:45 PM 8 0 6 0 193 0 0 0 0 10 232 0 449 Total 25 0 36 0 703 1 0 0 0 39 952 0 1756 04:00 PM 4 0 5 0 153 1 0 0 0 7 211 0 381 04:15 PM 8 0 9 0 190 2 0 0 0 13 231 0 453 04:30 PM 7 0 8 0 171 2 0 0 0 5 223 0 416 04A5 PM _ 9 0 18 0 173 3_ 0 0 0 11 26_8_ 0 482 Total 28 0 40 0 687 8 0 0 0 36 933 - 0...-- - 1732 05:00 PM 8 0 13 0 152 1 0 0 0 8 236 0 418 05:15 PM 4 0 18 0 192 3 0 0 0 14 207 0 438 05:30 PM 3 0 10 0 182 1 0 0 0 15 228 0 439 05:45 PM 6 0 16 0 171 0 0 0 0 17 227 0 437 Total 21 0 57 0 697 5 0 0 0 54 898 0 1732 06:00 PM 5 0 9 0 159 1 0 0 0 9 218 0 401 06:15 PM 4 0 7 0 163 1 0 0 0 5 215 0 395 06:30 PM 6 0 5 0 124 0 0 0 0 6 165 0 306 06:45 PM 1 0 8 0 118 0 0 0 0 9 200 0 336 Total 16 0 29 0 564 2 0 0 0 29 798 01 1438 Grand Total 113 0 221 0 4782 35 0 0 0 239 5117 0 10507 Apprch % 33.8 0 66.2 0 99.3 0.7 0 0 0 4.5 95.5 0 Total % 1.1 0 2.1 0 45.5 0.3 0 0 0 2.3 48.7 0 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : CesarChavezDr_RamonaBlvd Site Code : 00000000 Start Date : 3/10/2022 Page No : 2 Cesar Chavez Drive Ramona Blvd Ramona Blvd Southbound Westbound Northbound Eastbound Start Time L Left I Thru Right App. Total I Left L Thru LRilght I App. Total Left L Thru Right I App. Total Left LThru LRight I App. Total Int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Beqins at 07:30 AM 07:30 AM 1 0 6 7 0 261 0 261 0 0 0 0 4 146 0 150 418 07:45 AM 1 0 3 4 0 239 5 244 0 0 0 0 9 176 0 185 433 08:00 AM 1 4 0 5 9 0 206 2 208 0 0 0 0 11 169 0 180 397 08:15 AM 1 0 3 4 0 202 5 207 0 0 0 0 7 141 0 148 359 Total Volume 7 0 17 24 0 908 12 920 0 0 0 0 31 632 0 663 1607 % App. Total 29.2 0 70.8 0 98.7 1.3 0 0 0 4.7 95.3 0 PHF .438 .000 .708 .667 .000 .870 .600 .881 .000 .000 .000 .000 .705 .898 .000 .896 .928 Cesar Chavez Drive Out In Total 43 24 67 17 0 7 Right Thru Left Peak Hour Data 775 o� ~� MC ? 1 � ao W •G• North o — m F� ---� FPeal Hour Begins at 07:30 AM �� o co 3 N o 6 p °N' o rn 1 cles r CD Q o 4 F+ Left Thru Right 0 00 0 UI 0 Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : CesarChavezDr_RamonaBlvd Site Code : 00000000 Start Date : 3/10/2022 Page No : 3 Cesar Chavez Drive Southbound "StTime Ramona Blvd Westbound Northbound Ramona Blvd Eastbound � Left I Thru Right App. Total Left I Thru Right I App. Total Left Thru I Right App. Total Left F Thru I Right App. Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 04:45 PM Int. Total 04:45 PM 1 9 0 18 27 0 173 3 176 0 0 0 0 11 268 0 279 482 05:00 PM 8 0 13 21 0 152 1 153 0 0 0 0 8 236 0 244 418 05:15 PM 4 0 18 22 0 192 3 195 0 0 0 0 14 207 0 221 438 05:30 PM 1 3 0 10 13 0 182 1 183 0 0 0 0 15 228 0 243 439 Total Volume 1 24 0 59 83 0 699 8 707 0 0 0 0 48 939 0 987 1777 % App. Total 1 28.9 0 71.1 0 9_8.9 1.1 0 0 0 4.9 95.1 0...... -. PHF .667 .000 .819 .769 .000 .910 .667 .906 A00 . 000 .000 .000 .800 .876 .000 .884 .922 Cesar Chavez Drive Out In Total �5680339 Right Thru Left Peak Hour Data �T0)0 -a J North m 00 ° _o o c— rn F..- -► Peak Hour Begins at 04:45 P 1 2 �0 o v E O co CD s Vehicles r a o�-1 �o �0 o T r Left Thru Right 0 0 0 0 0 0 Out In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : CesarChavezDr_RamonaBlvd_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 [,rnuns Printarl_ Rikaw P Paris Cesar Chavez Drive Ramona Blvd Ramona Blvd Southbound Westbound Northbound Eastbound Start Time Bikes Peds Bikes Peds Bikes Peds Bikes Peds Int. Total 07:00 AM 0 2 0 2 0 0 0 0 4 07:15 AM 0 3 0 1 0 0 0 0 4 07:30 AM 0 1 0 0 0 01 0 0 1 07:45 AM 0 0 0 5 0 01 0 0 5 Total 0 6 0 8 0 01 0 0 14 08:00 AM 0 2 0 7 0 01 0 0 9 08:15 AM 2 1 0 1 0 0 0 0 4 08:30 AM 0 1 0 1 0 0 0 0 2 08:45 AM 1 0 0 4 0 01 0 0 5 Total 3 4 0 13 0 01 0 0 20 09:00 AM 0 0 0 4 0 01 0 0 4 09:15 AM 1 0 0 1 0 0 0 0 2 09:30 AM 0 3 0 2 0 0 0 0 5 09:45 AM 0 0 0 3 0 0 0 0 3 Total 1 3 0 10 0 0 0 0 14 03:00 PM 0 0 0 4 0 01 0 0 4 03:15 PM 0 3 0 1 0 0 0 0 4 03:30 PM 2 0 0 0 0 0 0 0 2 03:45 PM 0 0 0 7 0 01 0 0 7 Total 2 3 0 12 0 0 1 0 0 17 04:00 PM 0 2 0 4 0 01 0 0 6 04:15PM 0 0 0 1 0 01 0 0 1 04:30 PM 0 0 0 2 0 01 0 0 2 Total 0--------21 0 7 1 0 0 0 0 9 05:00 PM 2 0 0 2 0 01 0 0 4 05:15 PM 0 2 0 0 0 01 0 1 3 05:30 PM 1 0 0 1 0 0 0 0 2 05:45 PM 0 3 0 4 0 0 0 0 7 Total 3 5 0 7 0 01 0 1 16 06:00 PM 0 0 0 4 0 01 0 0 4 06:15PM 0 1 0 3 0 01 0 0 4 06:30 PM 0 1 0 0 0 0 0 0 1 06:45 PM 0 0 0 2 0 0 0 0 2 Total 0 2 0 9 0 01 0 0 11 Grand Total 9 25 0 66 0 01 0 1 101 Apprch % 26.5 73.5 0 100 0 0 ( 0 100 Total % 8.9 24.8 0 65.3 0 01 0 1 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name CesarChavezDr—RamonaBlvd—BP Site Code 00000000 Start Date 3/10/2022 Page No :2 Cesar Chavez Drive Southbound Ramona Blvd Westbound Northbound Ramona Blvd Eastbound StartTime, L Bikes L-Peds ] App-To—ta—1 _Bikes Reds]_A_pp. Total Bikes Peds App. Total Bikes Peds _L_App. Total Int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:45 AM 07:45 AM 0 0 0 0 5 5 0 0 0 1 0 0 5 08:00 AM 0 2 2 0 7 7 0 0 0 0 0 0 9 08:15 AM 2 1 3 0 1 1 0 0 01 0 0 0 4 08:30 AM 0 1 1 0 1 1 0 0 01 0 0 0 2 Total Volume 2 4 6 0 14 14 0 0 01 0 0 0 20 7 0 E co CL 0 Cesar Chavez Drive Out In Total 0 6 F---61 2 4 Thru Peds I Peak Hour Data North ---at Peal r Begins Bse,,,,s r 07:45 AM 8, p Peak a Pods 7 Thru Peds 1 01 Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : CesarChavezDr_RamonaBlvd_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 3 Cesar Chavez Drive Ramona Blvd Ramona Blvd Southbound Westbound Northbound Eastbound Start Time Bikes Peds App' Bikes Peds App. Bikes Peds App' Bikes Peds App. Int. Total Total Total Total Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 03:15 PM 03:15PM 0 3 31 0 1 1 0 0 01 0 0 0 4 03:30 PM 2 0 2 1 0 0 0 0 0 01 0 0 0 2 03:45 PM 0 0 0 1 0 7 7 0 0 01 0 0 0 7 04:00 PM 0 2 2 0 4 4 0 0 01 0 0 0 6 Total Volume 2 5 7 0 12 12 0 0 01 0 0 0 19 Gesar Ghavez Drive Out In Total 7 0 2 5 Thru Peds Peak Hour Data North Z k Hour Begins at 03:15 Ps & Peds Thru Peds 01 0 �OL2 Out In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM Grmms Printed_ Vehicles File Name : MaineAve_RamonaBlvd Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Maine Avenue Ramona Blvd Maine Avenue Ramona Blvd Southbound Westbound Northbound Eastbound Start Time Left T ru ]--Right Left .L T ru, Right LeftL T ru ]--Right Le,,.t T ru Right Int. To,.tal 07:00 AM 6 63 15 8 170 11 15 70 4 10 67 19 458 07:15 AM 12 74 6 4 162 12 19 81 6 10 78 40 504 07:30 AM 6 81 14 16 234 11 24 84 9 25 96 30 630 07:45 AM 19 77 11 14 195 25 19 97 11 25 109 33 635 Total 43 295 46 42 761 59 77 332 30 70 350 122 2227 08:00 AM 19 101 12 25 159 20 24 101 13 26 122 25 647 08:15 AM 6 57 16 12 147 7 21 93 8 28 89 29 513 08:30 AM 7 77 10 13 143 9 23 54 14 13 81 23 467 08:45 AM 6 56 16 10 113 8 18 69 18 26 84 19 443 Total 38 291 54 60 562 44 86 317 53 93 376 96 2070 09:00 AM 2 51 18 12 81 17 19 69 17 26 83 19 414 09:15 AM 14 51 21 10 102 9 23 69 13 30 74 22 438 09:30 AM 14 78 16 23 105 8 20 61 20 27 78 27 477 09:45 AM 5 45 24 19 86 4 30 59 22 38 95 29 456 Total 35 225 79 64 374 38 92 258 72 121 330 97 1785 03:00 PM 13 79 24 27 115 16 31 76 31 52 212 33 709 03:15 PM 19 86 15 23 118 23 29 75 30 39 166 38 661 03:30 PM 13 107 17 39 126 13 24 96 18 34 170 44 701 03:45 PM 16 74 14 32 156 12 23 81 21 41 175 45 690 Total 61 346 70 121 515 64 107 328 100 166 723 160 2761 04:00 PM 12 69 15 21 101 12 22 72 26 37 155 36 578 04:15 PM 16 99 18 35 130 13 33 85 15 35 171 45 695 04:30 PM 8 86 18 34 114 18 29 79 16 51 174 44 671 04:45 PM 12 73 25 20 123 19 22 72 17 41 181 49 654 Total 48 327 76 110 468 62 106 308 74 164 681 174 2598 05:00 PM 14 85 17 35 117 10 26 75 15 33 200 53 680 05:15 PM 15 89 24 20 118 9 31 97 16 33 150 39 641 05:30 PM 17 79 15 35 141 7 24 88 15 39 170 39 669 05:45 PM 15 98 14 22 107 13 36 85 22 33 163 42 650 Total 61 351 70 112 483 39 117 345 68 138 683 173 2640 06:00 PM 13 87 19 19 107 16 23 89 17 39 163 43 635 06:15 PM 15 93 14 25 107 16 30 76 16 36 141 43 612 06:30 PM 18 74 12 26 85 8 21 83 17 25 137 42 548 06:45 PM 10 82 18 37 57 12 36 72 8 44 143 35 554 Total 56 336 63 107 356 52 110 320 58 144 584 163 2349 Grand Total 342 2171 458 616 3519 358 695 2208 455 896 3727 985 16430 Apprch °/0 11.5 73.1 15.4 13.7 78.3 8 20.7 65.8 13.5 16 66.5 17.6 Total % 2.1 13.2 2.8 3.7 21.4 2.2 4.2 13.4 2.8 5.5 22.7 6 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : MaineAve_RamonaBlvd Site Code : 00000000 Start Date : 3/10/2022 Page No : 2 Maine Avenue Ramona Blvd Maine Avenue Ramona Blvd Southbound Westbound Northbound Eastbound Start Time I Left Thru L Right App. Total L Leftj Thru Right : rm Total Left Thru Right App. rotat Left Thru Right App. `rotas Ins Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak I of I Peak Hour for Entire Intersection Begins at 07:30 AM 07:30 AM 6 81 14 101 16 234 11 261 24 84 9 117 25 96 30 151 630 07:45 AM 19 77 11 107 14 195 25 234 19 97 11 127 25 109 33 167 635 08:00 AM 19 101 12 132 25 159 20 204 24 101 13 138 26 122 25 173 647 08:15 AM 6 57 16 79 12 147 7 166 21 93 8 122 28 89 29 146 513 Total Volume 1 50 316 53 419 67 735 63 865 88 375 41 504 104 416 117 637 2425 %App. Total 11.9 75A 12.6 7.7 85 7.3 17.5 74.4 8.1 16.3 65.3 18A PHF .658 .782 .828 .794 .670 .785 .630 .829 .917 .928 .788 .913 .929 .852 .886 .921 .937 Maine Avenue Out In Total 5421 419 F 961 53 316 50 Right Thru Left Peak Hour Data 75 FM-1 To ? * oO North rn A > ^ w m m M C0 C o — v F� FPeal Hour Begins at 07:30 AM �� w wcnQcles rnCD 0 N — 4 F+ Left Thru Right 88 375 41 500 El0i Eiog Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : MaineAve_RamonaBlvd Site Code : 00000000 Start Date : 3/10/2022 Page No : 3 Maine Avenue Sorthbound Ramona Blvd Westbound Maine Avenue Northbound Ramona Blvd Eastbound Start Time Left I Thru Right I App. Total Left I Thru I Right I App. Total Left Thru I Right I App. Total I Left Thru I Right App. Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 03:00 PM Hrt. Total 03:00 PM 13 79 24 116 27 115 16 158 31 76 31 138 52 212 33 297 709 03:15 PM 19 86 15 120 23 118 23 164 29 75 30 134 39 166 38 243 661 03:30 PM 13 107 17 137 39 126 13 178 24 96 18 138 34 170 44 248 701 03:45 PM 16 74 14 104 32 156 12 200 23 81 21 125 41 175 45 261 690 Total Volume 61 346 70 477 121 515 64 700 107 328 100 535 166 723 160 1049 2761 % App. Total 12.8 72.5 14.7_ 17.3 73_6 9.1 20 61.3 18.7 15.8 68.9 . 153 PHF .803 .808 .729 .870 .776 .825 .696 .875 .863 .854 .806 .969 .798 .853 .889 .883 1 .974 Maine Avenue Out In Total 558 477 1035 70 346 61 -- Right Thru Left Peak Hour Data co -a J North a P m m v m 0 o c F E Peak Hour Begins at 03:00 P 1� o v cn o W N � s Vehicles r a 0 N A - Left Thru Right 167 328 100 627 535 F 1162 Out In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : MaineAve_RamonaBlvd_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Groups Printed- Bikes & Peds Maine Avenue Ramona Blvd Maine Avenue Ramona Blvd Southbound Westbound Northbound Eastbound Start Time — Bikes Peds Bikes _ Peds Bikes �- Peds Bikes -- Peds Int. Total --- 07:00 AM 1 2 0 6 0 0 0 l 10 07:15 AM 1 1 0 1 0 6 1 0 10 07:30 AM 1 4 0 1 0 3 1 2 12 07:45 AM 3 1 2 2 0 3 0 1 12 Total 6 8 2 10 0 12 2 4 44 08:00 AM 1 0 1 6 0 0( 0 4 12 08:15 ABM 2 3 1 1 2 5( 3 5 22 08:30 AM 0 1 0 6 1 7 3 2 20 08:45 AM 2 1 0 3 0 3 0 2 11 Total 5 5 2 16 3 15 6 13 65 09:00 AM 3 3 1 2 1 1 2 4 17 09:15 AM 2 1 1 5 0 3( 1 3 16 09:30 AM 2 2 1 2 0 2 0 7 16 09:45 AM 0 2 0 2 0 2 1 1 8 Total 7 8 3 11 1 8 4 15 57 03:00 PM 1 0 0 2 0 3 1 0 2 8 03:15 PM 1 7 0 6 1 11 0 6 22 03:30 PM 1 4 0 7 2 6 1 3 24 03:45 PM 0 13 1 12 1 9 0 4 40 Total 3 24 1 27 4 19 1 15 94 04:00 PM 1 2 2 2 3 2 2 2 16 04:15 PM 2 5 0 11 0 5 0 6 29 04:30 PM 0 0 0 3 0 2( 0 3 8 04;45 PM 0- 0 0_ 4- 0 4 0 4- 12_ Total 3 7 2 20 3 13d... 2 15 65 05:00 PM 2 3 1 5 0 3( 0 8 22 05:15 PM 0 9 0 9 2 1 0 10 31 05:30 PM 1 8 2 10 3 2 2 5 33 05:45 PM 1 7 0 0 1 0 0 3 12 Total 4 27 3 24 6 6 2 26 98 06:00 PM 1 5 1 2 2 0 1 1 13 06:15 PM 2 8 1 6 0 1( 1 8 27 06:30 PM 1 8 0 4 0 1( 0 5 19 06:45 PM 0 3 0 7 3 5 0 3 21 Total 4 24 2 19 5 7 2 17 80 Grand Total 32 103 15 127 22 80 19 105 503 Apprch % 23.7 76.3 10.6 89.4 21.6 78.4 15.3 84.7 Total % 6.4 20.5 3 25.2 4.4 15.9 ( 3.8 20.9 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : MaineAve_RamonaBlvd_BP Site Code : 00000000 Start Date : 3/10/2022 Page No :2 Maine Avenue Southbound Ramona Blvd Westbound Maine Avenue Northbound Ramona Blvd Eastbound Start Time I Bikes L Peds-1 App. Total I Bikes-]—Peds App. Total Sikes t Peds App. Total L Bikesj Peds I App. Total Int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak I of I Peak Hour for Entire Intersection Begins at 08:15 AM 08:15 AM 2 3 5 1 1 2 2 5 7 3 5 8 22 08:30 AM 0 1 1 0 6 6 1 7 8 3 2 5 20 08:45 AM 2 I 3 0 3 3 0 3 3( 0 2 2 11 09:00 AM 3 3 6 1 2 3 1 1 2 2 4 6 17 Total Volume 7 8 15 2 12 14 4 16 20 8 13 21 70 Maine Avenue Out In Total ® 15 19 7 8 Thru Peds Peak Hour Data North [B,kes ZHou gins at 08:15 AM T Thru Peds 4 161 20 27 Out In Total Maine Avenue CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : MaineAve_RamonaBlvd_BP Site Code : 00000000 Start Date : 3/10/2022 Page No :3 Maine Avenue Ramona Blvd Maine Avenue Ramona Blvd Southbound Westbound Northbound Eastbound Start Time Bikes Peds App" Bikes Peds App' Bikes Peds `�pp" Bikes Peds App. Int. Total Total Total Total Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak I of 1 Peak Hour for Entire Intersection Begins at 03:30 PM 03:30 PM 1 4 5 0 7 7 2 6 8 1 1 3 4 24 03:45 PM 0 13 13 1 12 13 1 9 10 1 0 4 4 40 04:00 PM 1 2 3( 2 2 4 3 2 51 2 2 4 16 04:15 PM 2 5 7 0 11 11 0 5 5 1 0 6 6 29 Total Volume 4 24 28 3 32 35 6 22 28 1 3 15 18 109 %App. Total 14.3 85.7 1 8.6 91.4 21.4 78.6 1 16.7 83.3 PHF .500 .462 .538 1 .375 .667 .673 .500 .611 .700 1 .375 .625 .750 .681 Maine Avenue Out In Total © 28 34 4 24 Thru Peds 1 Peak Hour Data North =&Peds s at 03:30 PM T Thru Peds 61 22_ L_ 47j28 _ 32 Out In Total Maine Avenue CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : MaineAve_Alleyway Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Grmms Printed_ Vehicles Maine Avenue BPPD Driveway Maine Avenue Alleyway Southbound Westbound Northbound Eastbound Start Time Left T ru ]--Right Left T ru, Ri t Left T ru ]--Right $ Lc t _ T ru Ri t Int. Total _ 07:00 AM 0 96 1 0 0 0 0 89 0 0 0 0 186 07:15 AM 0 121 1 3 0 0 0 110 0 0 0 0 235 07:30 AM 0 128 1 0 0 0 0 120 1 0 0 0 250 07:45 AM 0 121 3 0 0 0 0 127 0 0 0 0 251 Total 0 466 6 3 0 0 0 446 1 0 0 0 922 08:00 AM 0 155 3 2 0 0 0 141 0 0 0 0 301 08:15 AM 0 102 2 1 0 0 0 123 1 0 0 0 229 08:30 AM 0 118 4 0 0 0 0 93 0 0 0 0 215 08:45 AM 1 83 4 0 0 0 0 104 0 0 0 0 192 Total 1 458 13 3 0 0 0 461 1 0 0 0 937 09:00 AM 0 86 3 0 0 1 0 103 1 0 0 0 194 09:15 AM 0 84 1 2 0 0 0 103 1 0 0 0 191 09:30 AM 0 131 1 0 0 1 0 101 0 0 0 0 234 09:45 AM 0 99 0 0 0 0 0 106 0 0 0 0 205 Total 0 400 5 2 0 2 0 413 2 0 0 0 824 03:00 PM 0 138 1 0 0 0 0 138 5 0 0 0 282 03:15 PM 0 159 0 0 0 0 0 136 1 0 0 0 296 03:30 PM 0 191 2 4 0 1 0 137 2 0 0 0 337 03:45 PM 0 155 3 0 0 0 0 127 0 0 0 0 285 Total 0 643 6 4 0 1 0 538 8 0 0 0 1200 04:00 PM 0 126 4 0 0 0 0 125 0 0 0 0 255 04:15 PM 0 171 1 0 0 0 0 127 0 0 0 0 299 04:30 PM 0 177 0 0 0 0 0 126 0 0 0 0 303 04:45 PM_ 0 144 2 1 0 0 0 120 0 0 0 0 267 Total. _ 0 618 7 1 0 0_ 0 498 0 0 0 0 1 1124 05:00 PM 0 175 2 0 0 0 0 117 0 0 0 0 294 05:15 PM 0 166 3 0 0 1 0 148 0 0 0 0 318 05:30 PM 0 158 1 0 0 0 0 127 0 0 0 0 286 05:45 PM 0 168 0 0 0 0 0 139 0 0 0 0 307 Total 0 667 6 0 0 1 0 531 0 0 0 0 1205 06:00 PM 0 166 0 0 0 0 0 131 0 0 0 0 297 06:15 PM 0 163 1 0 0 0 0 125 0 0 0 0 289 06:30 PM 1 142 1 0 0 0 0 125 0 0 0 0 269 06:45 PM 0 145 1 0 0 0 0 109 0 0 0 0 255 Total 1 616 3 0 0 0 0 490 0 0 0 0 1 1110 Grand Total 2 3868 46 13 0 4 0 3377 12 0 0 0 7322 Apprch % 0.1 98.8 1.2 76.5 0 23.5 0 99.6 0.4 0 0 0 Total % 0 52.8 0.6 0.2 0 0.1 0 46.1 0.2 0 0 0 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : MaineAve_Alleyway Site Code : 00000000 Start Date : 3/10/2022 Page No :2 Maine Avenue BPPD Driveway Maine Avenue Alleyway Southbound Westbound Northbound Eastbound Start Time I Left Thru L Right App. Total L Leftj Thru Right : pM Total Left Thru I Right App. rotat Left Thru Right App. `rotas Int Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak I of I Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 0 121 1 122 3 0 0 3 0 110 0 110 0 0 0 0 235 07:30 AM 0 128 1 129 0 0 0 0 0 120 1 121 0 0 0 0 250 07:45 AM 0 121 3 124 0 0 0 0 0 127 0 127 0 0 0 0 251 08:00 AM 0 155 3 158 2 0 0 2 0 141 0 141 0 0 0 0 301 Total Volume 1 0 525 8 533 5 0 0 5 0 498 1 499 0 0 0 0 1037 % App. Total 1 0 98.5 1.5 100 0 0 0 99.8 0.2 0 0 0 PHF 1 .000 .847 .667 .843 .417 .000 .000 .417 .000 .883 .250 .885 .000 .000 .000 .000 .861 Maine Avenue Out In Total 498 533 1031 8 525 0 Right Thru Left Peak Hour Data T 7M o_ ? o North -0 T O � O � F� Peak Hour Begins at 07:15 AM o n QCD o sm Vehicles_ rn 0 �v 4 F+ Left Thru Ri ht 0 498 1 530 499 EjN9 Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : MaineAve_Alleyway Site Code : 00000000 Start Date : 3/10/2022 Page No : 3 Maine Avenue Sorthbound BPPD Driveway Westbound Maine Avenue Northbound Alleyway Eastbound Start Time Left I Thru Right I App. Total Left I Thru I Right I App. Total Left Thra I Right I App. Total I Left Thru I Right App. Total Peak Hour Analysis From 01:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 05:15 PM Int. Total 05:15 PM 0 166 3 169 0 0 1 1 0 148 0 148 0 0 0 0 318 05:30 PM 0 158 1 159 0 0 0 0 0 127 0 127 0 0 0 0 286 05:45 PM 0 168 0 168 0 0 0 0 0 139 0 139 0 0 0 0 307 06:00 PM 0 166 0 166 0 0 0 0 0 131 0 131 0 0 0 0 297 Total Volume 0 658 4 662 0 0 1 1 0 545 0 545 0 0 0 0� 1208 % App. Total 0 99.4 0,6 0 0 100 _ 0 100 _ 0 0-- 0 0 PHF .000 .979 .333 .979 .000 .000 .250 .250 .000 .921 .000 .921 .000 .000 .000 .000 1 .950 Maine Avenue Out In Total 546 662 1208 4 658 _ 0 Right Thru Left Peak Hour Data $� �° J North v 0 0 0 c Peak Hour Begins at 05:15 P 12 5 0 Q 0 m 0 s Vehicles r p —1 :m 0 0 _ Left Thru Right 0 545 0 658 545 F 1203 Out In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : MaineAve_Alleyway_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Grnnns Printed_ Rikes R. Peds Maine Avenue BPPD Driveway Maine Avenue Alleyway Southbound Westbound Northbound Eastbound Start Time Bikesi Peds Bikes Peds Bikes Peds Bikes Peds _ Int. Total 07:00 AM 0 0 0 2 0 0 0 2 4 07:15 AM 0 0 0 5 0 01 1 0 6 07:30 AM 0 0 0 2 0 0 1 1 2 5 07:45 AM 0 0 2 4 0 0 0 0 6 Total 0 0 2 13 0 0 2 4 21 08:00 AM 0 0 0 0 0 0( 0 6 6 08:15 ABM 0 0 1 2 0 0 0 2 5 08:30 AM 0 1 0 1 0 0( 1 4 7 08:45 AM 0 0 0 7 0 0 0 0 7 Total 0 1 1 10 0 0 1 12 25 09:00 AM 0 0 1 3 0 0 0 2 6 09:15 AM 0 0 0 0 0 0 0 4 4 09:30 AM 0 0 1 0 0 0( 0 7 8 09:45 AM 0 0 0 0 0 0 1 2 3 Total 0 0 2 3 0 0 1 15 21.... 03:00 PM 0 0 0 3 0 0 1 0 2 5 03:15 PM 0 0 0 7 0 1 1 0 2 10 03:30 PM 0 2 0 3 0 3 0 2 10 03:45 PM 0 1 0 5 0 1 0 1 8 Total 0 3 0 18 0 5 0 7 33 04:00 PM 0 0 0 5 0 0 0 1 6 04:15 PM 0 0 0 4 0 0 0 0 4 04:30 PM 0 0 0 4 0 0( 1 0 5 04:45 PM 0 0 0 7 0 0 0 0 7 Total 0 0 0 20 0 0 1 1 22 05:00 PM 0 0 0 10 0 0 0 0 10 05:15 PM 0 0 0 13 0 0 0 1 14 05:30 PM 0 0 0 14 0 0 0 2 16 05:45 PM 0 0 0 6 0 0 0 0 6 Total 0 0 0 43 0 0 0 3 46 06:00 PM 0 0 0 2 0 0 0 2 4 06:15 PM 0 0 0 11 0 0 0 1 12 06:30 PM 0 0 0 2 0 0 0 0 2 06:45 PM 0 0 0 4 0 0 0 2 6 Total 0 0 0 19 0 0 0 5 24 Grand Total 0 4 5 126 0 5 5 47 192 Apprch % 0 100 3.8 96.2 0 100 9.6 90.4 Total % 0 2.1 2.6 65.6 0 2.6 1 2.6 24.5 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : MaineAve_Alleyway_BP Site Code : 00000000 Start Date : 3/10/2022 Page No :2 Maine Avenue Southbound BPPD Driveway Westbound Maine Avenue Northbound Alleyway Eastbound Start Time I Bikes L Peds-1 App. Total I Bikes-]—Peds App. Total Sikes t Peds App. Total L Bikesj Peds I App. Total Int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak I of I Peak Hour for Entire Intersection Begins at 08:00 AM 08:00 AM 0 0 0 0 0 0 0 0 0 0 6 6 6 08:15 AM 0 0 0 1 2 3 0 0 0 0 2 2 5 08:30 AM 0 1 1 0 1 1 0 0 0( 1 4 5 7 08:45 AM 0 0 0 0 7 7 0 0 0 0 0 0 7 Total Volume 0 1 1 1 10 11 0 0 0 1 12 13 25 Maine Avenue Out In Total 0 1 0 0 1 Thru Peds Peak Hour Data North [B,kes ZHou gins at 08:00 AM T Thru Peds 01 0 0 Out In Total Maine Avenue CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : MaineAve_Alleyway_BP Site Code : 00000000 Start Date : 3/10/2022 Page No :3 Maine Avenue BPPD Driveway Maine Avenue Alleyway Southbound Westbound Northbound Eastbound Start Time Bikes Peds App- Bikes Peds App I Bikes Peds App- Bikes Peds App. Int. Total Total Total Total Total Peak Hour Analysis From 01:00 PM to 06:45 PM - Peak I of 1 Peak Hour for Entire Intersection Begins at 04:45 PM 04:45 PM 0 0 0 0 7 7 0 0 0 1 0 0 0 7 05:00 PM 0 0 0 0 10 10 0 0 0 1 0 0 0 10 05:15 PM 0 0 0 1 0 13 13 0 0 0 0 1 1 14 05:30 PM 0 0 0 0 14 14 0 0 0 0 2 2 16 Total Volume 0 0 0 0 44 44 0 0 0 0 3 3 47 Maine Avenue Out In Total 0 0 0 0 0 Thru Peds Peak Hour Data North Peak Hour Begins at 04:45 PM Bikes & Peds T Thru Peds nI 0 � 0 of Lo Out In Total Maine Avenue CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM Grmms Printed_ Vehicles File Name : PacificAve_MaineAve Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Maine Avenue Pacific Avenue Maine Avenue Southbound Westbound Northbound Eastbound Start Time Left T ru ]--Right Left .L T ru, Right LeftL T ru ]--Right Le,,.t T ru Ri t Int. To,.tal 07:00 AM 0 87 9 0 0 0 30 85 0 5 0 18 234 07:15 AM 0 108 18 0 0 0 40 96 0 8 0 38 308 07:30 AM 0 11.3 19 0 0 0 83 111 0 6 0 62 394 07:45 AM 0 92 17 0 0 0 80 117 0 10 0 94 410 Total 0 400 63 0 0 0 233 409 0 29 0 212 1346 08:00 AM 0 117 27 0 0 0 82 125 0 14 0 51 416 08:15 AM 0 82 19 0 0 0 45 103 0 12 0 27 288 08:30 AM 0 96 13 0 0 0 33 82 0 11 0 35 270 08:45 AM 0 65 6 0 0 0 33 93 0 12 0 23 232 Total 0 360 65 0 0 0 193 403 0 49 0 136 1206 09:00 AM 0 61 12 0 0 0 32 92 0 14 0 20 231 09:15 AM 0 77 11 0 0 0 30 89 0 14 0 19 240 09:30 AM 0 112 18 0 0 0 32 83 0 18 0 18 281 09:45 AM 0 74 12 0 0 0 41 82 0 18 0 26 253 Total 0 324 53 0 0 0 135 346 0 64 0 83 1005 03:00 PM 0 114 33 0 0 0 39 124 0 14 0 54 378 03:15 PM 0 136 21 0 0 0 30 118 0 17 0 59 381 03:30 PM 0 161 35 0 0 0 55 124 0 15 0 62 452 03:45 PM 0 134 12 0 0 0 47 115 0 11 0 62 381 Total 0 545 101 0 0 0 171 481 0 57 0 237 1592 04:00 PM 0 101 21 0 0 0 50 109 0 13 0 48 342 04:15 PM 0 151 21 0 0 0 35 117 0 10 0 34 368 04:30 PM 0 143 19 0 0 0 32 111 0 11 0 45 361 04:45 PM 0 129 18 0 0 0 33 105 0 15 0 52 352 Total 0 524 79 0 0 0 150 442 0 49 0 179 1423 05:00 PM 0 147 26 0 0 0 32 101 0 15 0 43 364 05:15 PM 0 135 19 0 0 0 35 128 0 11 0 41 369 05:30 PM 0 127 23 0 0 0 45 114 0 13 0 38 360 05:45 PM 0 147 24 0 0 0 49 121 0 17 0 43 401 Total 0 556 92 0 0 0 161 464 0 56 0 165 1494 06:00 PM 0 142 15 0 0 0 48 114 0 16 0 38 373 06:15 PM 0 138 21 0 0 0 41 112 0 11 0 34 357 06:30 PM 0 122 19 0 0 0 30 112 0 10 0 29 322 06:45 PM 0 122 36 0 0 0 38 95 0 10 0 32 333 Total 0 524 91 0 0 0 157 433 0 47 0 133 1385 Grand Total 0 3233 544 0 0 0 1200 2978 0 351 0 1145 9451 Apprch % 0 85.6 14.4 0 0 0 28.7 71.3 0 23.5 0 76.5 Total % 0 34.2 5.8 0 0 0 12.7 31.5 0 3.7 0 12.1 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : PacificAve_MaineAve Site Code : 00000000 Start Date : 3/10/2022 Page No : 2 Maine Avenue Pacific Avenue Maine Avenue Southbound Westbound Northbound Eastbound Start Time I Left Thru L Right App. Total L Leftj Thru Right Arp. Total Left_L Thru I Right App. Totat Left Thru Right App. `rotal Int Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak I of I Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 0 108 18 126 0 0 0 0 40 96 0 136 8 0 38 46 308 07:30 AM 0 113 19 132 0 0 0 0 83 111 0 194 6 0 62 68 394 07:45 AM 0 92 17 109 0 0 0 0 80 117 0 197 10 0 94 104 410 08:00 AM 0 117 27 144 0 0 0 0 82 125 0 207 14 0 51 65 416 Total Volume 1 0 430 81 511 0 0 0 0 285 449 0 734 38 0 245 283 1528 % App. Total 1 0 84.1 15.9 0 0 0 38.8 61.2 0 13.4 0 86.6 PHF 1 .000 .919 .750 .887 .000 .000 .000 .000 .958 .898 .000 .886 .679 .000 .652 .680 .918 Maine Avenue Out In Total 487 511 998 81 430 0 Right Thru Left Peak Hour Data � g T �° o North —0 M c o ~ Peak Hour Begins at 07:15 AM o 0 o Q M s Nd'� Vehicles_ nI fU 4 F+ Left Thru Right 285 449 0 6 5 734 1409 Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : PacificAve_MaineAve Site Code : 00000000 Start Date : 3/10/2022 Page No : 3 Maine Avenue Sorthbound Westbound Pacific Avenue Northbound Maine Avenue Eastbound Start Time Left I Thru Right I App. Total Left Thru Right I App. Total Left Thru I Right App. Totat :L:e:ft:E:jhruj Right App. Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 03:00 PM glt. Total 03:00 PM 0 114 33 147 0 0 0 0 39 124 0 163 14 0 54 68 378 03:15 PM 0 136 21 157 0 0 0 0 30 118 0 148 17 0 59 76 381 03:30 PM 0 161 35 196 0 0 0 0 55 124 0 179 15 0 62 77 452 03:45 PM 0 134 12 146 0 0 0 0 47 115 0 162 11 0 62 73 381 Total Volume 0 545 101 646 0 0 0 0 171 481 0 652 57 0 237 294 1592 % App. Total 0 84.4 15.6 0 0... 0 26.2 73.8 0 19_4 0 80.6 - PHF .000 .846 .721 .824 .000 .000 .000 .000 .777 .970 .000 .911 .838 .000 .956 .955 .881 Maine Avenue Out In Total 538 646 1184 101 545 0 Right ....Thr Left Peak Hour Data North o c Q G N s..- ► Peak Hour Begins at 03:00 P 1? 5 d I— c o 0 c v M s Vehicles r N Left Thru Right 171 481 0 782 652 F 1434 Out In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : PacificAve_MaineAve_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Grnnns Printed_ Rikes R. Peds Maine Avenue Pacific Avenue Maine Avenue Southbound Westbound Northbound Eastbound Start Time Bikesj Peds Bikes I Peds Bikes Peds Bikes_ Peds Int. Total 07:00 AM 0 0 0 0 0 2... 0 0 2 07:15 AM 0 0 0 4 0 11 0 0 5 07:30 AM 0 1 0 3 0 2 0 0 6 07:45 AM 0 0 1 2 0 1 0 0 4 Total 0 1 1 9 0 6 1 0 0 17 08:00 AM 0 3 0 0 0 0 0 0 3 08:15 ABM 0 0 0 2 0 1 0 0 3 08:30 AM 0 0 0 0 0 1 0 0 1 08:45 AM 0 0 0 1 0 4 0 0 5 Total 0 3 0 3 0 6 0 0 12 09:00 AM 0 01 0 1 0 01 0 0 09:45 AM 0 1 1 0 1 1 0 1 1 0 0 Total 0 1 0 2 0 1 0 0 03:00 PM 0 1 1 0 0 0 0 0 2 03:15 PM 0 0 0 3 0 0 0 0 3 03:30 PM 1 5 0 2 1 1 0 0 10 03:45 PM 0 2 0 4 0 0 0 0 6 Total 1 8 1 9 l 1 0 0 21 04:00 PM 0 1 0 2 0 0 0 0 3 04:15 PM 0 0 0 2 0 1 0 0 3 04:30 PM 0 0 0 1 0 1( 0 0 2 04:45 PM 0 0 0 1 0 1 0 0 2 Total 0 1 0 6 0 3 0 0 10 05:00 PM 0 1 0 0 0 0 0 0 1 05:15 PM 1 0 0 2 1 0 0 0 4 05:30 PM 1 1 0 4 0 0( 0 0 6 05:45 PM 0 1 1 0 0 0 0 0 2 Total 2 3 1 6 1 0 0 0 13 06:00 PM 0 0 1 1 0 1 0 0 3 06:15 PM 0 0 1 2 0 0 0 0 3 06:30 PM 0 1 0 2 0 0 0 0 3 06:45 PM_ 0 0 1 1_ 0 0 0 0 2 Total 0 1 3 6 0 1.... 0 0 11 Grand Total 3 18 6 41 2 18 ( 0 0 88 Apprch % 14.3 85.7 12.8 87.2 10 90 0 0 Total % 3.4 20.5 6.8 46.6 2.3 20.5 ( 0 0 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : PacificAve_MaineAve_BP Site Code : 00000000 Start Date : 3/10/2022 Page No :2 Maine Avenue Southbound Westbound Pacific Avenue Northbound Maine Avenue Eastbound Start Time I Bikes L Peds-1 App. Total I Bikes-]—Peds App. Total Sikes t Peds App. Total L Bikes Peds I App. Total Int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak I of I Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 0 0 01 0 4 4 0 1 1 0 0 0 5 07:30 AM 0 1 11 0 3 3 0 2 2 0 0 0 6 07:45 AM 0 0 0( 1 2 3 0 1 1 0 0 0 4 08:00 AM 0 3 3 0 0 0 0 0 0 0 0 0 3 Total Volume 0 4 4 1 9 10 0 4 4 0 0 0 18 Maine Avenue Out In Total 0 4 0 4 Thru Peds Peak Hour Data North [B,kes ZHou gins at 07:15 AM T Thru Peds 01 4 4 Out In Total Pacifir. Aver s CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : PacificAve_MaineAve_BP Site Code : 00000000 Start Date : 3/10/2022 Page No :3 Maine Avenue Pacific Avenue Maine Avenue Southbound Westbound Northbound Eastbound Start Time Bikes Peds App. Bikes Peds App. Bikes Pods Bikes Peds App. Int. Total --:1- Total Total of Total Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak I of 1 Peak Hour for Entire Intersection Begins at 03:15 PM 03:15 PM 0 0 0 0 3 3 0 0 0 1 0 0 0 3 03:30 PM 1 5 6 0 2 2 1 1 2 1 0 0 0 10 03:45 PM 0 2 21 0 4 4 0 0 01 0 0 0 6 04:00 PM 0 1 1 0 2 2 0 0 0 0 0 0 3 Total Volume 1 8 9 0 11 11 1 1 2 0 0 0 22 % App. Total 11,1 88_9 0 100_ 50 _ 50 0 0 PHF .250 .400—� .000 .688 .688. .250 .250 .000 .000 .000 .550 Maine Avenue Out In Total 111�9 10 1 Thru Peds Peak Hour Data North Peak Hour Begins at 03:15 P Bikes & Peds Z Thru Peds 1 1 0 2 03 Out In Total Pacific Avpnup CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM G'rmms Printed_ Vehicles File Name : PacificAve_BogartAve Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Telacu Senior Court Pacific Avenue Bogart Avenue Pacific Avenue Driveway Southbound Westbound Northbound Eastbound Start Time Left Thru Right Left Thru, Ri ht Left_ Thru Right Left Thru 1Zi ht Int. Total 07:00 AM 2 104 1 2 0 1 0 113 0 0 0 0 223 07:15 AM 10 132 0 5 0 3 0 134 7 0 0 0 291 07:30 AM 6 166 0 4 0 7 0 190 8 0 0 0 381 07:45 AM 9 184 1 6 0 9 2 189 9 2 0 0 411 Total 27 586 2 17 0 20 2 626 24 2 0 0 1306 08:00 AM 10 169 1 1 0 3 1 196 7 0 0 0 388 08:15 AM 7 103 1 3 0 8 1 139 13 0 0 1 276 08:30 AM 2 129 0 1 0 6 0 106 3 0 0 0 247 08:45 AM 5 90 1 4 0 6 0 11.8 8 1 0 0 233 Total 24 491 3 9 0 23 2 559 31 1 0 1 1144 09:00 AM 6 78 0 3 0 2 0 124 7 3 0 0 223 09:15 AM 4 91 1 4 0 5 0 113 7 1 0 1 227 09:30 AM 3 129 0 4 0 1 0 123 3 1 0 1 265 09:45 AM 6 105 0 1 0 6 0 120 7 0 0 1 246 _Total _ 19 403 1 12 0 14 0 480 24 5. 0.. 3 961 03:00 PM 7 163 0 7 0 8 0 151 10 0 0 1 347 03:15 PM 10 180 1 5 0 4 1 131 6 1 0 0 339 03:30 PM 15 202 0 8 0 14 1 168 9 0 0 0 417 03:45 PM 8 189 0 8 0 8 0 157 1 2 0 0 373 Total 40 734 1 28 0 34 2 607 26 3 0 1 1476 04:00 PM 11 144 0 12 0 13 0 142 9 0 0 0 331 04:15 PM 7 184 0 2 0 9 1 149 8 0 0 3 363 04:30 PM 3 190 0 4 0 12 0 131 6 0 0 0 346 04:45 PM 7 170 0 6 0 2 1 123 7 0 0 1 317 Total 28 688 0 24 0 36 2 545 30 0 0 4 1357 05:00 PM 11 177 0 6 0 5 0 133 5 0 0 0 337 05:15 PM 4 173 2 7 0 9 1 162 7 0 0 0 365 05:30 PM 5 171 0 5 0 9 0 155 7 0 0 0 352 05:45 PM 2 183 1 4 0 10 1 146 6 1 0 0 354 Total 22 704 3 22 0 33 2 596 25 1 0 0 1408 06:00 PM 4 182 1 12 0 11 0 154 6 0 0 1 371 06:1.5 PM 9 174 2 4 1 15 2 136 7 1 0 0 351 06:30 PM 8 159 0 13 0 4 1 146 15 1 0 0 347 06:45 PM 6 148 0 5 0 4 0 116 7 0 0 0 286 Total 27 663 3 34 1 34 3 552 35 2 0 1 1355 Grand Total 187 4269 13 146 1 194 13 3965 195 14 0 10 9007 Apprch % 4.2 95.5 0.3 42.8 0.3 56.9 0.3 95 4.7 58.3 0 41.7 To % 2.1 47.4 0.1 1.6 0 2.2 0.1 44 2.2 0.2 0 0.1 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : PacificAve_BogartAve Site Code : 00000000 Start Date : 3/10/2022 Page No :2 Telacu Senior Court Pacific Avenue Bogart Avenue Pacific Avenue Driveway Southbound Westbound Northbound Eastbound Eastbound Start Ti e t u t o 1prat P __ ru Right A p. Total e t �,,,,_ Left Thru, Right p. Total— Left Right A . Total int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 10 132 0 142 5 0 3 8 0 134 7 141 0 0 0 0 291 07:30 AM 6 166 0 172 4 0 7 11 0 190 8 198 0 0 0 0 381 07:45 AM ( 9 184 1 194 6 0 9 15 2 189 9 200 2 0 0 2 411 08:00 AM 1.0 169 1 180 1 0 3 4 1 196 7 204 0 0 0 0 388 Total Volume 35 651 2 688 16 0 22 38 3 709 31 743 2 0 0 2 1471 % App. Total 5.1 94.6 0.3 42.1 0 5T9 0.4 95.4 4.2 100 0 0 PHF 1 .875 .885 .500 .887 .667 .000 .611 .633 .375 .904 .861 .911 .250 .000 .000 .250 .895 Pacific Avenue Out In Total 733 688 1 1421 2 651 35 Right Thru Left Peak Hour Data �o no >~ "$� t LL�JJ= p` North ^ N 0 N 0 O U .c` -► Peak Hour Begins o I— c O0. m Vehicles U O O M O N F _ F+ Left Thru Ri ht 3 709 - .�1. 667 743 4410 Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : PacificAve_BogartAve Site Code : 00000000 Start Date : 3/10/2022 Page No :3 Telacu Senior Court Pacific Avenue Bogart Avenue Pacific Avenue Driveway Southbound Westbound Northbound Eastbound Start Time Left Thru Right a . Total LeftThru Right w . Total Left Thru Right n . Torat Left Thru Ri ht n .Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 03:30 PM Int. Total 03:30 PM 15 202 0 217 8 0 14 22 1 168 9 178 0 0 0 0 417 03:45 PM 8 189 0 197 8 0 8 16 0 157 1 158 2 0 0 2 373 04:00 PM 11 144 0 155 12 0 13 25 0 142 9 151 0 0 0 0 331 04:15 PM 7 184 0 191 2 0 9 11 1 149 8 158 0 0 3 3 363 Total Volume 41 719 0 760 30 0 44 74 2 616 27 645 2 0 3 5 1484 % APP. Total 5.4946 0 40.5 0 59.5 0.3 95.5 4.2_ 40 0.... 60 PHF .683 .890 .000 .876 .625 .000 .786 .740 .500 .917 .750 .906 .250 .000 .250 .417 890 Pacific Avenue Out In Total %662760�1422� Right Thru Left � 1 �t. Peak Hour Data 3 `6 �� NHS �O o North 0 ° G 0 m Uo F...........-► Peak Hour Begins at 03:30 P 1� o A D m ID N M L Vehicles CD 00 .l �v a) N F Left Thru Right 2 616 27 752 645 1397 Out In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : PacificAve_BogartAve_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Groups Printed- Bikes & Peds Telacu Senior Court Pacific Avenue Bogart Avenue Pacific Avenue Driveway Southbound Westbound Northbound Eastbound Start Time Bikes Peds Bikes Peds Bikes L Peds Bikes Peds Int. Total 07:00 AM 0 0 0 5 0 0 0 3 8 07:15 AM 0 0 0 2 0 1 1 1 5 07:30 AM 0 0 0 3 0 0 0 6 9 07:45 AM 0 0 2 5 0 0 0 0 7 Total 0 0 2 15 0 1 1 10 29 08:00 AM 0 0 1 1 0 0( 0 8 10 08:15 AM 0 0 0 1 0 0( 0 5 6 08:30 AM 0 0 0 3 0 0 0 2 5 08:45 AM 0 0 0 2 0 0 0 0 2 Total 0 0 1 7 0 0 0 15 23 09:00 AM 0 0 0 0 0 1 0 1 2 09:15 AM 0 0 0 0 0 0 0 5 5 09:30 AM 0 0 1 0 0 0 1 4 6 09:45 AM 0 0 0 1 0 0 2 2 5 Total 0 0 1 1 0 1 3 12 18 03:00 PM 0 0 1 1 0 01 1 2 5 03:15 PM 0 0 0 5 0 0 1 0 4 9 03:30 PM 0 0 0 4 0 0 1 0 5 03:45 PM 0 0 1 5 0 0 1 8 15 Total 0 0 2 15 0 0 1 3 14 34 04:00 PM 0 0 0 6 0 0 0 2 8 04:15 PM 0 0 2 0 0 0 1 2 5 04:30 PM 0 0 0 1 0 0( 1 1 3 04:45 PM 0 0 0 3.... _ 0 0 0 4 7 Total 0 0 2 10 0 0 2 9 23 05:00 PM 0 0 l 0 0 0 0 1 2 05:15 PM 0 0 2 5 0 0 0 8 15 05:30 PM 0 0 1 4 0 0( 1 0 6 05:45 PM 0 0 1 4 0 1 1 2 9 Total 0 0 5 13 0 1 2 11 32 06:00 PM 0 0 0 2 0 0 0 2 4 06:15 PM 0 0 0 1 0 1 1 7 1.0 06:30 PM 0 0 0 1 0 0 0 1 2 06:45 PM 0 0 1 0 0 0 0 0 1 Total 0 0 1 4 0 1( 1 10 17 Grand Total 0 0 14 65 0 4 12 81 176 Appreh % 0 0 17.7 82.3 0 100 ( 12.9 87.1 Total % 0 0 8 36.9 0 2.3 1 6.8 46 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : PacificAve_BogartAve_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 2 Telacu Senior Court Pacific Avenue Bogart Avenue Pacific Avenue Driveway Southbound Westbound Northbound Eastbound Start Time Bikes Peds_ App_Tota1 Bikes _Peds App. Total Bikes Peds A . Total Bikes Peds A . Total Int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak 1 of 1 Peak Hour for Entire Intersection Begins at 07:30 AM 07:30 AM 0 0 0 1 0 3 3 0 0 0 0 6 6 9 07:45 AM 0 0 01 2 5 7 0 0 0 0 0 0 7 08:00 AM 0 0 0( 1 1 2 0 0 0( 0 8 8 10 08.15 AM 0 0 0 0 1 1 0 0 0 0 5 5 6 Total Volume 0 0 0 3 10 13 0 0 0 0 19 19 32 % App. Total 0 0 23.1 76.9 0 0 0 100 PHF .000 .000 .000 .375 .500 .464 .000 .000 .000 1 .000 .594 .594 .800 Pacific Avenue Out In Total 00 0 0 0 0 Thru Peds Peak Hour Data N (6 N 3: O O p .o North o 0 F U U Peak Hour Begins at 07:30 AM w D `o w m — m a Bikes & Peds o ..... 00 I"gy CD I Thru Peds 0 0 0 �� Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : PacificAve_BogartAve_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 3 Telacu Senior Court Pacific Avenue Bogart Avenue Pacific Avenue Driveway Southbound Westbound Northbound Eastbound App. App' App. App. Start Time Bikes Peds ] Bikes Peds Bikes Peds Bikes Peds Int. Total Total Total Total Total__ Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1. Peak Hour for Entire Intersection Begins at 03:15 PM 03:15PM 0 0 0 0 5 5 0 0 01 0 4 4 9 03:30 PM 0 0 0 0 4 4 0 0 0 1 1 0 1 5 03:45 PM 0 0 0 1 5 6 0 0 01 1 S 9 15 04:00 PM 0 0 0 0 6 6 0 0 0 0 2 2 8 Total Volume 0 0 0 1 20 21 0 0 0 2 14 16 37 % App. Total 0 0 4.8 95.2 0 0 12.5 8T5 PHF .000 .000 .000 .250 .833 .875 .000 .000 .000 .500 .438 .444 .617 Pacific Avenue Out In Total 0 0 0 0 0 Thru Peds Peak Hour Data 3o T p o N North o �._ .► 2 m o c F o— d o Peak Hour Begins at 03:15 PM N — m CD ro a Bikes & Peds o Fm Wp O I Thru Peds 0 0 0 �� Out In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM Grmms Printed_ Vehicles File Name : PacificAve_DowningAve Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Pacific Avenue Downing Avenue Pacific Avenue Downing Avenue Southbound Westbound Northbound Eastbound Start Time Left T, hru Right . Left. Thru, . Ri ht Left t T ru Ri t g ._.. Le,,,,,t T ru Ri t Int. Tota, - -1 07:00 AM 1 104 0 11 0 6 2 109 3 0 4 3 243 07:15 AM 4 130 5 7 1 10 1 126 10 4 1 1 300 07:30 AM 8 146 9 10 2 30 0 165 3 5 2 1 381 07:45 AM 5 157 19 7 6 16 0 171 9 13 6 1 410 Total 18 537 33 35 9 62 3 571 25 22 13 6 1334 08:00 AM 12 155 9 13 1 4 5 204 6 8 0 3 420 08:15 AM 5 87 4 6 1 6 3 135 6 6 0 1 260 08:30 AM 6 120 0 8 0 5 1 109 4 1 0 1 255 08:45 AM 3 89 6 7 2 3 3 117 8 6 2 0 246 Total 26 451 19 34 4 18 12 565 24 21 2 5 1181 09:00 AM 3 78 6 9 0 5 1 125 7 3 0 1 238 09:15 AM 3 93 0 5 2 4 2 117 3 3 2 3 237 09:30 AM 8 117 4 6 2 7 2 110 11 3 1 2 273 09:45 AM 4 99 3 9 2 4 0 131 4 1 1 0 258 Total 18 387 13 29 6 20 5 483 25 10 4 6 1006 03:00 PM 11 143 10 14 2 14 3 140 8 4 0 3 352 03:15 PM 11 167 5 7 2 7 0 129 14 2 3 1 348 03:30 PM 21 171 4 10 1 9 12 158 12 3 3 0 404 03:45 PM 16 171 6 15 1 7 2 156 7 1 2 3 387 Total 59 652 25 46 6 37 17 583 41 10 8 7 1491 04:00 PM 11 150 3 16 3 20 0 147 22 2 1 0 375 04:15 PM 14 173 5 10 0 6 2 146 9 3 1 3 372 04:30 PM 10 189 2 11 2 10 2 132 11 3 4 2 378 04:45 PM 8 164 2 7 2 8 1 138 11 1 1 2 345 -- _�- - — _ -- ------ -_ - Total 43 676 12 44 7 44 5 563 53 9 7 7 1470 05:00 PM 15 169 2 11 2 8 3 130 10 2 3 2 357 05:15 PM 13 162 3 14 1 10 2 173 9 6 1 0 394 05:30 PM 14 151 5 18 4 5 1 148 4 5 2 1 358 05:45 PM 13 171 5 4 2 17 1 137 8 4 3 0 365 Total 55 653 15 47 9 40 7 588 31 17 9 3 1474 06:00 PM 12 165 6 13 4 17 0 151 11 4 3 3 389 06:15 PM 14 161 1 10 1 9 3 131 9 1 2 2 344 06:30 PM 10 148 1 11 0 7 2 137 7 4 0 1 328 06:45 PM 14 136 3 6 1 7 0 134 4 2 0 0 307 Total 50 610 11 40 6 40 5 553 31 11 5 6 1 1368 Grand Total 269 3966 128 275 47 261 54 3906 230 100 48 40 9324 Apprch % 6.2 90.9 2.9 47.2 8.1 44.8 1.3 93.2 5.5 53.2 25.5 21.3 Total % 2.9 42.5 1.4 2.9 0.5 2.8 0.6 41.9 2.5 1.1 0.5 0.4 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : PacificAve_DowningAve Site Code : 00000000 Start Date : 3/10/2022 Page No :2 Pacific Avenue Downing Avenue Pacific Avenue Downing Avenue Southbound Westbound Northbound Eastbound Start Time I Left Thru L Right App. Total L Leftj Thru Right : rM Total Left Thru I Right App. rotat Left Thin Right ApP. `rotas Int Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak I of I Peak Hour for Entire Intersection Begins at 07:15 AM 07:15 AM 4 130 5 139 7 1 10 18 1 126 10 137 4 1 1 6 300 07:30 AM 8 146 9 163 10 2 30 42 0 165 3 168 5 2 1 8 381 07:45 AM 5 157 19 181 7 6 16 29 0 171 9 180 13 6 1 20 410 08:00 AM 12 155 9 176 13 1 4 18 5 204 6 215 8 0 3 11 420 Total Volume 1 29 588 42 659 37 10 60 107 6 666 28 700 30 9 6 45 1511 % App. Total 4A 89.2 6.4 34.6 9.3 56.1 0.9 95.1 4 66.7 20 13.3 PHF .604 .936 .553 .910 .712 .417 .500 .637 .300 .816 .700 .814 .577 .375 .500 .563 .899 Pacific Avenue Out In Total 756 659 L14151 42 588 29 Right Thru Left Peak Hour Data M �6 O O ~ M C ? a> North rn ° o c o g c w 2 F� Peak Hour Begins at 07:15 AM ~2 � o D o m o co m srn Vehicles_ p K 1 v o_ 4 F+ Left Thru Ri ht 6 666 28 631 700 E13311 Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : PacificAve_DowningAve Site Code : 00000000 Start Date : 3/10/2022 Page No :3 Pacific Avenue Sorthbound Downing Avenue Westbound Pacific Avenue Northbound Downing Avenue Eastbound Start Time Left I Thru Right I App. Total Left I Thru I Right I App. Total Left Thru Right App. Total Left I Thru I Right App. Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak 1 of 1 P-1, T-Tnnr f r Fntira Tntarcartinn P—i— at 01-7 1 PX4 hrt. Total 03:30 PM 21 171 4 196 10 1 9 20 12 158 12 182 3 3 0 6 404 03:45 PM 16 171 6 193 15 1 7 23 2 156 7 165 1 2 3 6 387 04:00 PM 11 150 3 164 16 3 20 39 0 147 22 169 2 1 0 3 375 04:15 PM 14 173 5 192 10 0 6 16 2 146 9 157 3 1 3 7 372 Total Volume 62 665 18 745 51 5 42 98 16 607 50 673 9 7 6 22 1538 %App. Total 8.3 89.3 2.4- 52 5.1 42_9 2,4 90.2 7.4 40.9 31.8 27.3 PHF .738 .961 .750 .950 .797 A17 .525 .628 .333 .960 .568 .924 .750 .583 .500 .786 1 .952 Pacific Avenue Out In Total 658�66562 03 1Right ThuLeft Peak Hour Data $� T �° J North N ° o � N O m— F Peak Hour Begins at 03:30 P 1� D - cn w c o_ rn O s CD Vehicles r CD v � Left Thru Right 16 607 50 722 673 F 1395 Out In Total CITY TRAFFIC COUNTERS WWW. CTCOUNTERS. COM File Name : PacificAve_DowningAve_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 1 Groups Printed- Bikes & Peds Pacific Avenue Downing Avenue Pacific Avenue Downing Avenue Southbound Westbound Northbound Eastbound Start Time Bikes_ , Pecjs Bikes Peds Bikes Peds Bikes P,eds Int. Total 07:00 AM 0 0 0 0 0 0 0 l 1 07:15 AM 0 1 0 0 0 01 1 0 2 07:30 AM 0 5 0 2 0 2 1 0 2 11 07:45 AM 0 2 2 2 0 0 1 0 0 6 Total 0 8 2 4 0 2 1 1 3 20 08:00 AM 0 0 2 0 0 2( 0 6 10 08:15 ABM 0 1 0 1 0 1 0 4 7 08:30 AM 0 2 0 1 0 0 0 0 3 08:45 AM 0 0 0 1 0 3 0 1 5 Total 0 3 2 3 0 6 0 11 25 09:00 AM 0 0 0 0 0 0 0 1 1 09:15 AM 0 1 0 1 0 1 0 5 8 09:30 AM 0 1 1 0 0 4 2 1 9 09:45 AM 0 0 0 1 0 3 1 2 7 Total 0 2. 1 2 0 8 3 9 25 03:00 PM 0 4 1 3 0 2 1 1 1 12 03:15 PM 0 2 0 2 0 5 0 4 13 03:30 PM 0 2 0 4 0 0 1 3 10 03:45 PM 0 1 1 3 0 11 1 5 22 Total 0 9 2 12 0 18 3 13 57 04:00 PM 0 2 0 4 0 9 0 1 16 04:15 PM 0 3 1 1 0 0 1 2 8 04:30 PM 0 0 1 3 0 4( 1 5 14 04;45 PM 0 3 01 _ 0 2_ 0 6 12 Total 0 8.. 2 9 0 152 14 50 05:00 PM 0 4 1 2 0 5 0 4 16 05:15 PM 0 1 1 2 0 3( 0 10 17 05:30 PM 0 0 0 0 0 0 0 1 1 05:45 PM 0 3 2 9 0 4 1 0 19 Total 0 8 4 13 0 12 1 15 53 06:00 PM 0 1 0 2 0 6( 0 3 12 06:15 PM 0 4 0 4 0 0( 1 0 9 06:30 PM 0 8 0 1 0 3 0 1 13 06:45 PM 0 1 l 0 0 6 0 2 10 Total 0 14 1 7 0 15 1 6 44 Grand Total 0 52 14 50 0 76 11 71 274 Apprch % 0 100 21.9 78.1 0 100 13.4 86.6 Total % 0 19 5.1 18.2 0 27.7 4 25.9 CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : PacificAve_DowningAve_BP Site Code : 00000000 Start Date : 3/10/2022 Page No : 2 Pacific Avenue Southbound Downing Avenue Westbound Pacific Avenue Northbound Downing Avenue Eastbound Start Time I Bikes L Peds-1 App. Total I Bikes-]—Peds App. Total Sikes t Peds App. Total L Bikesj Peds I App. Total Int. Total Peak Hour Analysis From 07:00 AM to 09:45 AM - Peak I of I Peak Hour for Entire Intersection Begins at 07:30 AM 07:30 AM 0 5 5 0 2 2 0 2 2 0 2 2 11 07:45 AM 0 2 2 2 2 4 0 0 0 0 0 0 6 08:00 AM 0 0 0 2 0 2 0 2 2( 0 6 6 10 08.15 AM 0 1 1 0 1 1 0 1 1 0 4 4 7 Total Volume 0 8 8 4 5 9 0 5 5 0 12 12 34 Pacific Avenue Out In Total 0 8 0 8 Thru Peds Peak Hour Data 775 Fo] T ~ o o North �0 N ► 2 ~ ---at [Bkes ZHou gins at 07:30 AM a Q c -9 D o v a o 00� 0 I Thru Peds 01 5 5 Out In Total CITY TRAFFIC COUNTERS WWW.CTCOUNTERS.COM File Name : PacificAve_DowningAve_BP Site Code : 00000000 Start Date : 3/10/2022 Page No :3 Pacific Avenue Downing Avenue Pacific Avenue Downing Avenue Southbound Westbound Northbound Eastbound Start Time Bikes Peds App- Bikes Peds App I Bikes Peds App- Bikes Peds App. Int. Total Total Total Total Total Peak Hour Analysis From 03:00 PM to 06:45 PM - Peak I of 1 Peak Hour for Entire Intersection Begins at 03:15 PM 03:15 PM 0 2 2( 0 2 2 0 5 5 1 0 4 4 13 03:30 PM 0 2 2( 0 4 4 0 0 0 1 1 3 4 10 03:45 PM 0 1 1( 1 3 4 0 11 11 1 5 6 22 04:00 PM 0 2 2 0 4 4 0 9 9 0 1 1 16 Total Volume 0 7 7 1 13 14 0 25 25 1 2 13 15 61 Pacific Avenue Out In Total 0 7 7 0 7 Thru Peds Peak Hour Data T 0� N North — Q C ` I— G o — h w Z k Hour Begins at 03:15 P ° D o W s &Peds M c m � 0 O v rn— I Thru Peds 01 25 O �25L25 Out In Total INTERSECTION OPERATIONAL ANALYSIS HCM AND LEVELS OF SERVICE EXPLANATION HCM DATA WORKSHEETS - WEEKDAY AM AND PM PEAK HOUR LINScoTT, LAW & GREENSPAN, engineers LLG Ref. 1-22-4468-1 Zocalo Park Project LEVEL OF SERVICE FOR SIGNALIZED INTERSECTIONS In the Highway Capacity Manual (HCM), published by the Transportation Research Board, 2000, level of service for signalized intersections is defined in terms of delay, which is a measure of driver discomfort, frustration, fuel consumption, and increased travel time. The delay experienced by a motorist is made up of a number of factors that relate to control, geometries, traffic, and incidents. Total delay is the difference between the travel time actually experienced and the reference travel time that would result during base conditions: in the absence of traffic control, in the absence of geometric delay, in the absence of incidents, and when there are no other vehicles on the road. Only the portion of total delay attributed to the control facility is quantified. This delay is called control delay. Control delay includes initial deceleration delay, queue move -up time, stopped delay, and final acceleration delay. Level of Service criteria for traffic signals are stated in terms of the average control delay per vehicle. Delay is a complex measure and is dependent on a number of variables, including the quality of progression, the cycle length, the green ratio, and the v/c ratio for the lane group in question. Level of Service Criteria for Signalized Intersections Level of Service Control Delay (Sec/Veh) A <10 B >10and<20 C > 20 and < 35 D > 35 and < 55 E > 55 and < 80 F > 80 Level of Service (LOS) values are used to describe intersection operations with service levels varying from LOS A (free flow) to LOS F (jammed condition). The following descriptions summarize HCM criteria for each level of service: LOS A describes operations with very low control delay, up to 10 seconds per vehicle. This level of service occurs when progression is extremely favorable and most vehicles arrive during the green phase. Most vehicles do not stop at all. Short cycle lengths may also contribute to low delay values. LOS B describes operations with control delay greater than 10 and up to 20 seconds per vehicle. This level generally occurs with good progression, short cycle lengths, or both. More vehicles stop than with LOS A, causing higher levels of delay. LOS C describes operations with control delay greater than 20 and up to 35 seconds per vehicle. These higher delays may result from fair progression, longer cycle lengths, or both. Individual cycle failures may begin to appear at this level. The number of vehicles stopping is significant at this level, though many still pass through the intersection without stopping. LOS D describes operations with control delay greater than 35 and up to 55 seconds per vehicle. At LOS D, the influence of congestion becomes more noticeable. Longer delays may result from some combination of unfavorable progression, long cycle lengths, or high v/c ratios. Many vehicles stop, and the proportion of vehicles not stopping declines. Individual cycle failures are noticeable. LOS E describes operations with control delay greater than 55 and up to 80 seconds per vehicle. This level is considered by many agencies to be the limit of acceptable delay. These high delay values generally indicate poor progression, long cycle lengths, and high v/c ratios. Individual cycle failures are frequent occurrences. LOS F describes operations with control delay in excess of 80 seconds per vehicle. This level, considered to be unacceptable to most drivers, often occurs with oversaturation, that is, when arrival flow rates exceed the capacity of the lane groups. It may also occur at high v/c ratios with many individual cycle failures. Poor progression and long cycle lengths may also be major contributing factors to such delay levels. LEVEL OF SERVICE FOR UNSIGNALIZED INTERSECTIONS In the Highway Capacity Manual (HCM), published by the Transportation Research Board, 2000, level of service for unsignalized intersections is defined in teens of delay, which is a measure of driver discomfort, frustration, fuel consumption, and lost travel time. The delay experienced by a motorist is made up of a number of factors that relate to control, geometries, traffic, and incidents. Total delay is the difference between the travel time actually experienced and the reference travel time that would result during base conditions, in the absence of incidents, control, traffic, or geometric delay. Only the portion of total delay attributed to the traffic control measures, either traffic signals or stop signs, is quantified. This delay is called control delay. Control delay includes initial deceleration delay, queue move -up time, stopped delay, and final acceleration delay. Level of Service criteria for unsignalized intersections are stated in terms of the average control delay per vehicle. The level of service is determined by the computed or measured control delay and is defined for each minor movement. Average control delay for any particular minor movement is a function of the service time for the approach and the degree of utilization. (Level of service is not defined for the intersection as a whole for two-way stop controlled intersections.) Level of Service Criteria for TWSC/AWSC Intersections Average Control Delay Level of Service (Sec/Veh) A <10 B >10and<15 C > 15 and < 25 D > 25 and < 35 E > 35 and < 50 F > 50 Level of Service (LOS) values are used to describe intersection operations with service levels varying from LOS A (free flow) to LOS F (jammed condition). The following descriptions summarize HCM criteria for each level of service: LOS A describes operations with very low control delay, up to 10 seconds per vehicle. LOS B describes operations with control delay greater than 10 and up to 15 seconds per vehicle. LOS C describes operations with control delay greater than 15 and up to 25 seconds per vehicle. LOS D describes operations with control delay greater than 25 and up to 35 seconds per vehicle. LOS E describes operations with control delay greater than 35 and up to 50 seconds per vehicle. LOS F describes operations with control delay in excess of 50 seconds per vehicle. For two-way stop controlled intersections, LOS F exists when there are insufficient gaps of suitable size to allow side -street demand to safely cross through a major -street traffic stream. This level of service is generally evident from extremely long control delays experienced by side -street traffic and by queuing on the minor -street approaches. HCM 6th Signalized Intersection Summary Existing Conditions 1: Baldwin Park Blvd & Sterling Way Weekday AM Peak Hour Lane Future Volume (veh/h) 0 0 0 146 0 137 0 526 85 67 496 0 Initial Q (Qb), veh ', 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 L 00 1.00 1.00 1.00 1,00 1.00 1.00 1,00 Work Zone On Approach No No No Adj Sat Flow, veh/h/1n 1870 0 1870 1870 1870 1870 1870 1870 0 Adj Flow Rate, veh/h 159 0 149 0 572 92 73 539 0 Peak Hour Factor 0.92 0,92 0,92 0.92' 0,92 0.92 0.92' 0.92 0.92 Percent Heavy Veh, % 2 0 2 2 2 2 2 2 0 Cap, vch/h 231 0 205 96 2281 366 624 2644 0 Arrive On Green 0.13 0.00 0.13 0.00 0.74 0.74 0.74 0.74 0.00 Grp Volume(v), veh/h 159 0 149 0 331 333 73 539 0 Grp Sat Flow(s),veh/h/In 1781 0 1585 866 1777 1782 772 1777 0 Q Serve(g_s), s 6.4 0.0 6.8 0.0 4.4 4.4 2.5 3.4 0.0 Cycle Q Cleur(g c), s 6A 0.0 6.8 0.0 4.4 4A 6.9 3.4 0 0 Prop In Lane 1.00 1.00 1.00 0.28 1.00 0.00 Lane Grp Cap(c), veh/h 231 0 205 96 1322 1325 ' 624 2644 0 V/C Ratio(X) 0.69 0.00 0.73 0.00 0.25 0.25 0.12 0.20 0.00 Avail Cap(e_a), veh/h 841 0 748 96 1322 1325 624 2644 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 31.2 0.0 31.4 0.0 3.0 3.0 4.1 2.9 0.0 Iner Delay (d2), s/veh 3.7 0.0 4.8 0.0 0.5 0.5 0A 0.2 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %fie BackOfQ(95%) veh/1n 5.2 0,0 5.0 0.0 11 2.1 0.7; L5 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 34,9 0.0 36.2 0.0 3.5 3.5 4.5' 3.1 0...0 LnGrp LOS C A D A A A: A A A Approach Vol, veh/h: 308 664 612 Approach Delay, s/veh 35.5 3.5 3.2 Approach LOS D A A Phs Duration (G+Y+Itc), s 61.3 13.7 61.3 Change Period (Y+Rc), s 5.5 4.0 5.5 Max Green Setting (Gmax), s 301 35A 30.1 Max Q Clear Time (g_c+Il), s 6.4 8.8 8.9 Green Ext Time (p c), s 6.1 1.0 5.7 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l I Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Existing Conditions 1: Baldwin Park Blvd & Sterling Way Weekday PM Peak Hour Lane Future Volume (veh/h) 0 0 0 85 0 106 0 518 52 84 472 0 Initial Q (Qb), veh 0 0 0 0 0 0! 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1,00 1.00 1.00 1.00 L00 1.00' 1,00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/1n 1870 0 1870 1870 1870 1870 1870 1870 0 Adj Flow Rate, veh/h 92 0 115 0 563 57 91 513 0 Peak Hour Factor 0,92 0.92 0,92 0,92 0.92 0.92 0.92 0.92 0.92 _ 2 2 2 2 0 Cap, veh/h 185 0 164 96 2508 253 676 2735 0 Arrive On Green 0.10 0.00 0.10 0.00 0.77 0.77 0.77 0.77 0.00 Grp Volume(v), veh/h 92 0 115 0 306 314 91 513 0 Grp Sat Flow(s),veh/h/In 1781 0 1585 887 1777 1811 '? 804' 1777 0 Q Serve(g_s),s 3.7 0.0 5.3 0.0 3.6 3.6 2.7 2.9 0.0 Cycle Q Cleur(g c), s 3.7 0.0 5e3 0,0 16 3.6 6.3 2.9 0.0 Prop In Lane 1.00 1.00 1.00 0.18 1.00 0.00 Lane Grp Cap(c), veh/h 185 0 164 96 1368 1394 676 2735 0 V/CRatio(X) 0.50 0.00 0.70 0.00 0.22 0.22 0.13 0.19 0.00 Avail Cap(e_a), veh/h 841 0 748 96 1368 : 1394 676' 2735 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 31.8 0.0 32.5 0.0 2.4 2.4 3.3 2.3 0.0 In r Delay (d2), s/veh 2A 0.0 5.3 0.0 0A 0.4 0.4" 0,2 0 0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(95%) veh%In 2,9 0.0 4.0 0,0 13 1.6 0.7 1.1 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 33.8 0.0 37,8 0.0 2.8 2.8 3.7' 15 0.0 LnGrp LOS C A D A A A A A A Approach Vol, veh/h: 207 620 604 Approach Delay, s/veh 36.0 2.8 2.7 Approach LOS D A A Phs Duration (G+Y+Itc), s 6.2 1 L8 63.2 Change Period (Y+Rc), s 5.5 4.0 5.5 Max Green Setting (Gmax), s 30.1 35A 30A Max Q Clear Time (g_c+Il), s 5.6 7.3 8.3 Green Ext Time (p c), s 5.7 0,6 5.6 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Future With Project Conditions 1: Baldwin Park Blvd & Sterling Way Weekday AM Peak Hour Lane Future Volume (veh/h) 0 0 0 176 0 173 0 556 56 37 526 0 Initial Q (Qo), veh ', 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 1,00 '; 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/1n 1870 0 1870 1870 1870 1870 1870 1870 0 Adj Flow Rate, veh/h 191 0 188 0 604 61 40 572 0 Peak Hour Factor 0.92 0.92 0.92 2 0.92 0.92 : 0.92 0,92 0-92 Percent Heavy Veh, % 2 0 2 20.9_ 2 2 2 2 0 Cap, veh/h 278 0 247 96 2338 ' 236 599 2549 0 Arrive On Green 0.16 0.00 0.16 0.00 0.72 0.72 0.72 0.72 0.00 Grp Volume(v), veh/h 191 0 188 0 329 336 40 572 0 Grp Sat Flov(s),veh/h/In 1781 0 1585 840 1777 1811 771' 1777 0 Q Serve(g_s),s 7.6 0.0 8.5 0.0 4.8 4.8 1.4 4.1 0.0 Cycle Q Cleur(g c), s 7.6 0.0 8.5 0.0 4.8 4.8 6.3' 4.1 0.0 Prop In Lane 1.00 1.00 1.00 0.18 1.00 0.00 Lane Grp Cap(c), veh/h 278 0 247 96 1275 1299 599i 2549 0 V/C Ratio(X) 0.69 0.00 0.76 0.00 0.26 0.26 0.07 0.22 0.00 Avail Cap(c_a), veh/h 841 0 748 96 1275 1299 599 2549 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 29.9 0.0 30.3 0.0 3.7 3.7 4.8 3.6 0.0 Iner Delay (d2), s/veh 3.0 0.0 4.8 0.0 0.5 0.5 01 0.2 0 0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °lode BackOfQ(95%),veh/In 6.1 0.0 6.2 0.0 2.5 2.5 0A 2.0 0 0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 32.9 0.0 35.1 0.0 4.2 ` 4.2 5.0 3.8 0.0 LnGrp LOS C A D A A A A A A Approach Vol, veh/h: 379 665 612 Approach Delay, s/veh 34.0 4.2 3.9 Approach LOS C A A Phs Duration (G+Y+Itc), s 59.3 15.7 59.3 Change Period (Y+Rc), s 5.5 4.0 5.5 Max Green Setting (Gmax), s 30.1 35A 30.1 Max Q Clear Time (g_c+Il), s 6.8 10.5 8.3 Green Ext Time (p c), s 6.0 L2 5.8 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Future With Project Conditions 1: Baldwin Park Blvd & Sterling Way Weekday PM Peak Hour Lane Future Volume (veh/h) 0 0 0 110 0 133 0 538 34 64 492 0 Initial Q (Qb), veh 0 0 0 0 0 0" 0: 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1,00 1.00 L00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/1n 1870 0 1870 1870 1870 1870 1870 1870 0 Adj Flow Rate, veh/h 120 0 145 0 585 37 70 535 0 Peak Hour Factor 0.92 0,92 0.92 2 0.92 0.92 0.92 0,92 0.92 Percent Heavy Veh, % 2 0 2 20.9_ 2 2 2 2 0 Cap, veh/h 223 0 198 96 2540 160 654 2659 0 Arrive On Green 0.13 0.00 0.13 0.00 0.75 0.75 0.75 0.75 0.00 Grp Volume(v), veh/h 120 0 145 0 306 316 70 535 0 Grp Sat Flow(s),veh/h/In 1781 0 1585 870 1777 1832 802 1777 0 Q Serve(g_s),s 4.7 0.0 6.6 0.0 3.9 3.9 2.2 3.3 0.0 Cycle Q Cleur(g c), s 4.7 0.0 6.6 0.0 3.9 3.9 63 3.3 0.0 Prop In Lane 1.00 1.00 1.00 0.12 1.00 0.00 Lane Grp Cap(c), veh/h 223 0 198 96 1329 1371 i 654 2659 0 V/C Ratio(X) 0.54 0.00 0.73 0.00 0.23 0.23 0.11 0.20 0.00 Avail Cap(c_a), veh/h 841 0 748 96 1329 1371 654 2659 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 30.8 0.0 31.6 0.0 2.9 2.9 3.8 2.8 0.0 Inr Delay (d2), s/veh 2.0 0.0 5.1 0.0 0.4 ' 0.4 0.3 0.2 00 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(95%) veh%In 3.8 0.0 4.9 0.0 1.8 L9 0.6 1.5 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 32.8 0.0 36.7 0.0 3.3 3.3 4.1 3.0 00 LnGrp LOS C A D A A A A A A Approach Vol, veh/h: 265 622 605 Approach Delay, s/veh 34.9 3.3 3.1 Approach LOS C A A Phs Duration (G+Y+Itc), s 61.6 13.4 61.6 Change Period (Y+Rc), s 5.5 4.0 5.5 Max Green Setting (Gmax), s 30.1 35A 30.1 Max Q Clear Time (g_c+Il), s 5.9 8.6 8.1 Green Ext Time (p c), s 5.6 0.8 5.7 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro l I Report LLG Engineers 04/21 /2022 HCM 6th TWSC Existing Conditions 2: Sterling Way North & Ramona Blvd Weekday AM Peak Hour Int Delay, s/veh 0.7 Lane Future Vol, veh/h 645 20 43 884 13 35 Conflicting Peds, #{hr 0 0 0, 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized - None None - None Storage Length - 0 - 0 0 Veh in Median Storage, # 0 - 0 0 Grade, % 0 _ 0 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2, 2 2 MvmtFlow 701 22 47 961 14 38 Conflicting Flow All 0 0 723 0 1287 362 Stage 1 - - 712 .:. Stage 2 _ 575 Critical Hdwy 4.14 6.84 6.94 Critical Hdwy Stg I - 5.84 Critical Hdwy Stg 2 5.84 - Follow-up Hdwy 2.22 3.52 3.32 Pot Cap -I Maneuver 875' 156 635 Stage I _. 447 Stage 2 56 Platoon blocked, %- Mov Cap -I Maneuver - - 875 148 635 Mov Cap-2 Maneuver - 148 Stage 1 - 447 Stage 2 498 HCM LOS HCM Lane V/C Ratio 0.095 0.06 - - 0.053 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro 11 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Existing Conditions 2: Sterling Way North & Ramona Blvd Weekday PM Peak Hour Int Delay, s/veh 0.7 Lane Future Vol, veh/h 1020 26 45 709 4 40 Conflicting Peds, #{hr 0 0 0 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized None - None - None Storage Length 0 - 0 0 Veh in Median Storage, # 0 0 . 0 Grade, % 0 -, 0 0 Peak Hour Factor 92 9 92' 92 : 92 92 Heavy Vehicles, % 2 2 2: 2 2 2 MvmtFlow 1109 28 49 771 4 43 Conflicting Flow All 0 0 1137 0 1607 569 Stage I 1123 Stage 2 - 484 Critical Hdwy 4.14 6.84 6.94 Critical Hdwy Stg I - 5.84 Critical Hdwy Stg 2 5.84 Follow-up Hdwy 2.22 3.52 3.32 Pot Cap -I Maneuver 610' 96 465 Stage I - 273 Stage 2 - ; 585 Platoon blocked, % - Mov Cap -I Maneuver - 610 88 465 Mov Cap-2 Maneuver - 88 Stage! I 273 Stage 2 538 HCM LOS HCM Lane V/C Ratio 0.049 0.094 - - 0.08 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro I 1 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Future With Project Conditions 2: Sterling Way North & Ramona Blvd Weekday AM Peak Hour Int Delay, s/veh 1.3 Lane Future Vol, veh/h 825 21 108 894 13 36 Conflicting Peds, #{hr 0 it 0" 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized - None -. None - None Storage Length - 0 - 0 0 Veh in Median Storage, # 0 - 0 0 Grade, % 0 _ 0 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 MvmtFlow 897 23 117 972 14 39 Conflicting Flow All 0 0 920 0 1629 460 Stage I - 909 Stage 2 720 Critical Hdwy 4.14 6.84 6.94 Critical Hdwy Stg I - 5.84 Critical Hdwy Stg 2 - 5.84 Follow-up Hdwy 2.22 3.52 3.32 Pelt Cap -I Maneuver 738 - 93 548 Stage I _ 353 Stage 2 443 Platoon blocked, Mov Cap -I Maneuver - 738 78 548 Mov Cap-2 Maneuver - 78 Stage 1 - 353 Stage 2 373 HCM LOS HCM Lane V/C Ratio 0.181 0.071 - - 0.159 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro 11 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Future With Project Conditions 2: Sterling Way North & Ramona Blvd Weekday PM Peak Hour Int Delay, s/veh 1.1 Lane Future Vol, veh/h 1200 28 95 720 4 44 Conflicting Peds, #{hr 0 0 0 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized - None y bone - None Storage Length 0 - 0 0 Veh in Median Storage, # 0 0 - ! 0 - Grade, % 0 _ 0 0 Peak Hour Factor 92 9 92' 92 92 92 Heavy Vehicles, % 2 2 2. 2 2 2 MvmtFlow 1304 30 103 783 4 48 •� � 4 \ P q � � �. �Y �` iiiiiiiiiiiiiiiii Conflicting Flow All 0 0 1334 0 1917 667 Stage I - 1319 Stage 2 _ 598 Critical Hdwy 4.14 6.84 6.94 Critical Hdwy Stg I _ 5.84 Critical Hdwy Stg 2 5,84 Follow-up Hdwy 2.22 3.52 3.32 Pot Cap -I Maneuver 513 59 401 Stage I _: 214 Stage 2 512 Platoon blocked, Mov Cap-1 Maneuver 513 47 401 Mov Cap-2 Maneuver 47 Stage 214 Stage 2 409 HCM LOS HCM Lane V/C Ratio 0.093 0.119 - - 0.201 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro 11 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Existing Conditions 3: Sterling Way & Sterling Way North Weekday AM Peak Hour Int Delay, s/veh Lane Future Vol, veh/h 14 120 205 37 38 37 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized None - None - None Storage Length - 0 0 Veh in Median Storage, # 0 0' 0 Grade, % 0 0. 0 Peak Hour Factor 92 92 92' 92 92 92 Heavy Vehicles, % 2 2 2, 2 2 2 MvmtFlow 15 130 223 40 ` 41 40 s Conflicting Flow All 263 0 - 0 403 243 Stage 1 - - 243 Stage 2 160 Critical Hdwy 4.12 6.42 , 6.22 Critical Hdwy Stg I 5A2 Critical Hdwy Stg 2 - 5.42 Follow-up Hdwy 2.218 3.518 3.318 Pot Cap -I Maneuver 1301 603 796 Stage I 797 Stage 2 869 Platoon blocked, %- Mov Cap -I Maneuver 1301 596 796 Mov Cap-2 Maneuver 596 Stage 1 - 787 Stage 2 869 HCM LOS HCM Lane V/C Ratio 0.012 - - - 0.069 0.051 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro 11 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Existing Conditions 3: Sterling Way & Sterling Way North Weekday PM Peak Hour Int Delay, s/veh 2.5 Lane Future Vol, veh/h 24 141 124 40 55 20 Conflicting Peds, #{hr 0 0 0 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized - None None - None Storage Length - - 0 0 Veh in Median Storage, # - 0 0' 0 Grade, % 0 0 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2' 2 2_ 2 MvmtFlow 26 153 135 43 60 22 Conflicting Flow All 178 0 - 0 362 157 Stage 1 - 157 Stage 2 205 Critical Hdwy 4.12 6.42 6.2 Critical Hdwy Stg I 5A2 _ Critical Hdwy Stg 2 5.42 Follow-up Hdwy 2.218 - 3.518 3.318 Pot Cap -I Maneuver 1398 637 889 Stage I 871 Stage 2 829 Platoon blocked, Mov Cap -I Maneuver 1398 624 889 Mov Cap-2 Maneuver 624 Stage! 1 - 854 Stage 2 829 HCM LOS HCM Lane V/C Ratio 0.019 - - - 0.096 0.024 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro 11 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Future With Project Conditions 3: Sterling Way & Sterling Way North Weekday AM Peak Hour Int Delay, s/veh 4.7 Lane Future Vol, veh/h 14 40 66 38 39 102 Conflicting Peds, #{hr 0 0 0' 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized None None - None Storage Length - 0 0 Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 92 92 92' 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 MvmtFlow 15 43 72 41 42 111 Conflicting Flow All 113 0 - 0 166 93 Stage 1 - 93 Stage 2 - 73 Critical Hdwy 4.12 6A2 6.22 Critical Hdwy Stg I 5.42 Critical Hdwy Stg 2 5A2 - Follow-up Hdwy 2.218 3.518 3.318 Pot Cap -I Maneuver 1476 - 824 964 Stage I - - 931 - Stage 2 950 Platoon blocked, Mov Cap -I Maneuver 1476 - - 816 964 Mov Cap-2 Maneuver 816 Stage 1 922 Stage 2 950 HCM LOS HCM Lane V/C Ratio 0.01 - - - 0.052 0.115 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Future With Project Conditions 3: Sterling Way & Sterling Way North Weekday PM Peak Hour Int Delay, s/veh 4.5 Lane Future Vol, veh/h 24 51 56 44 57 70 Conflicting Peds, #{hr 0 0 0 0 0 0 Sign Control Free Free Free Free Stop Stop RT Channelized - None -'' None - None Storage Length - - - 0 0 Veh in Median Storage, # - 0 0 0 Grade, % 0 0 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 MvmtFlow 26 55 61 48 62 76 Conflicting Flow All 109 0 - 0 192 85 Stage 1 - - 85 Stage 2 - 107 Critical Hdwy 4.12 6.42 6.22 Critical Hdwy Stg I 5.42 Critical Hdwy Stg 2 5.42 Follow-up Hdwy 2.218 3.518 3.318 Pot Cap -I Maneuver 1481 _ 797 974 Stage I 938 Stage 2 917 Platoon blocked, %_ Mov Cap -I Maneuver 1481 - 783 974 Mov Cap-2 Maneuver 783 Stage 1 - 921 Stage 2 917 HCM LOS HCM Lane V/C Ratio 0.018 - - - 0.079 0.078 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro 11 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Existing Conditions 4: Maine Ave & Sterling Way Weekday AM Peak Hour Int Delay, s/veh 4.9 Lane Configurations #, # +U . Traffic Vol,_ veh/h 46 146 10 11 162 190 5 7 6 124 10 21 Future Vol, veh/h 46 146 10 11 162 190 5 7 6 124 10 21 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized _ None - None - LL None None Storage Length Veh in Median Storage, # 0 - 0 - 0 0 Grade, % 0 0 0 0 Peak Hour Factor 92 92 92 92 92 92 92 92 92 92' 92 ' 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 MvmtFlow 50 159 11 12 176 207 5 8 7 135' 11 2 Conflicting Flow All 383 0 0 170 0 0 586 672 165 576 574 280 Stage 1 265 265 304 304 Stage 2 321 407 - 272 270 Critical Hdwy 4.12 4.12 7.12 652 6.22 7.12 6.52 6.22 Critical Hdwy Sig I - - 6.12 5.52 6.12 5.52 Critical Hdwy Stg 2 6.12 5.52 6.12 5.52 - Follow-up Hdwy 2.218 - - 2.218 - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap -I Maneuver 1175 1407 422 -740 377 879 428 429 759 Stage _ 689 - 705 663 Stage 2 - 691 597 734' 686 Platoon blocked, Mov Cap -I Maneuver 1175 1407 ! 384 356 879 400 405 759 Mov Cap-2 Maneuver - - - - 384 356 - 400 405 - Stage 1 705 657 672 656 Stage 2 652 590 686 654 HCM LOS HCM Lane V/C Ratio 0.043 0.043 - - 0.008 - - 0.394 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Existing Conditions 4: Maine Ave & Sterling Way Weekday PM Peak Hour Int Delay, s/veh 5.4 Lane Configurations +U # # # Traffic Vol, veh/h 29 131 3 2 4 140 130 2 10 1 149 7 36 Future Vol, veh/h 29 131 3 2 140 130 2 10 1 149 7 36 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Free Free Free Stop Stop Stop Stop Stop Stop RT Channelized None - None None None Storage Length Veh in Median Storage, # - 0 0 0 0 _ Grade, % 0 0 0 O Peak Hour Factor 9 9 92+ 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2_ 2 2 2 2 2 2 2 2 2 MvmtFlow 32 142 3' 2 152 141 2 11 1 162' 8 39 Conflicting Flow All 293 0 0 145 0 0 458 505 144 441 436 223 Stage 1 208 208 227 227 Stage 2 250 297 - 214 209 Critical Hdwy 4.12 4.12 7.12 652 6.22 7.12 6.52 622 Critical Hdwy Sig l 6.12 5.52 6.12 5.52 Critical Hdwy Stg 2 - 6.12 552 6.12 5.52 Follow-up Hdwy 2.218 - - 2.218 - - 3.518 4.018 3.318 3.518 4.018 3.318 Pot Cap -I Maneuver 1269 1437 + 513 470 903 527' 514 , 817 Stage I 794 730 776 716 Stage 2 - 754 668 788 729 - Platoon blocked, Mov Cap -I Maneuver 1269 - 1437 472 456 903 505 499 817 Mov Cap-2 Maneuver 472 456 505 499 Stage'1 773 710 755: 715 Stage 2 709 667 - 754 709 HCM LOS HCM Lane V/C Ratio 0.03 0.025 - - 0.002 - - 0.384 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro 11 Report LLG Engineers 04/21 /2022 HCM 6th AWSC Future With Project Conditions 4: Maine Ave & Sterling Way Weekday AM Peak Hour Intersection Delay, s/veh 7.2 Intersection LOS A Lane Future Vol, veh/h 47 15 5 13 16 62 Peak Hour Factor 0.92 0.92 0.92 11,92 0.92 0.92 Heavy Vehicles, % 2 2 2 2 2 2 Mumt Flow 51 16 5 14 17 67 Number of Lanes 1 0 0 1 1 0 Opposing Approach SB NB Opposing Lanes 0 1 1 Conflicting Approach Left SB EB Conflicting Lanes Left I 1 0 Conflicting Approach Right N13 EB Conflicting, Lanes Right 1 0 1 HCM Control Delay 7.5 7.3 7 HCM LOS A A A Vol Left, % 28% 76% 0% Vol Thru, % 72% 0% 21 % Vol Right, % 0% 24% 79% Sign Control Stop Stop Stop Traffic Vol by Lane 18 62 78 LT Vol 5 47 0 Through Vol 13 0 16 RT Vol 0 15 62 Lane Flow Rate 20 67 85 Geometry Grp i I I Degree of Util (X) 0.023 0.077 0.085 Departure Headway (Hd) 4.172 4.119 1589 Convergence, Y/N Yes Yes Yes Cap 84 869 994 Service Time 2.215 2.15 1.628 HCM Lane V/C Ratio 0,023 0.077 0.086 HCM Control Delay 7.3 7.5 7 HCM Lane LOS A A A HCM 95th-tile Q 0.1 0.2 0.3 Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro l I Report LLG Engineers 04/21 /2022 HCM 6th AWSC Future With Project Conditions 4: Maine Ave & Sterling Way Weekday PM Peak Hour Intersection Delay, s/veh 7 Intersection LOS A Lane Future Vol, veh/h 31 4 2 11 8 70 Peak Hour Factor 0.92 0.92 0.92 O192 0.92 0.92 Heavy Vehicles, % 2 2 2 _. 2 2 Mumt Flow 34 4 2 12 9 76 Number of Lanes 1 0 0 1 1 0 Opposing Approach SB NB Opposing Lanes 0 1 1 Conflicting Approach Left SB EB Conflicting Lanes Left j 1 0 Conflicting Approach Right N13 EB Conflicting, Lanes Right 1 0 1 HCM Control Delay 7.4 7.2 6.8 HCM LOS A A A b b� Vol Left, % 15% 89% 0% Vol Thru, % 85%, 00/0 100/0 Vol Right, % 0% 11% 90% Sign Control Stop Stop Stop Traffic Vol by Lane 13 35 78 LT Vol 2 31 0 Through Vol 11 0 8 RT Vol 0 4 70 Lane Flow Rate 14 38 85 Geometry Grp I I 1 Degree of Util (X) 0.016 0.045 0.082 Departure Headway (Hd) 4.095 4.214 3473 Convergence, Y/N Yes Yes Yes Cap 873 851 1031 Service Time 2.123 2.233 1.497 HCM Lane V/C Ratio 0.016 O.045 0<082 HCM Control Delay 7.2 7.4 6.8 HCM Lane LOS A A A HCM 95th-tile Q 0 0.1 0.3 Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Existing Conditions 5: Ramona Blvd & Cesar Chavez Weekday AM Peak Hour Lane Configurations I I'll tT# Y Traffic Volume (veh/h) 31 632 908 12 7 17 Future Volume (veh/h) 31 632 908 12 7 17 Initial Q (Qb), veh ', 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 Loo 1.00 1.00 1.00 1,00 Work Zone On Approach No No No Adj Sat Flow, veh/h/1n 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 34 687 987 13 8 18 Peak Hour Factor 0.92 0,92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 Cap, veh/h 84 2873 2542 33 25 57 Arrive On Green 0.05 0.81 0.71 0.71 0.05 0.05 Sat Flow, veh/h 1781 3647 3685 47 488 1099 Grp Volume(v), veh/h 34 687 488 512 27 0 Grp Sat Flow(s),veh/h/In 1781 1777 1777 1862 1648 0 Q Serve(g_s),s 1.4 3.4 8.3 8.3 1.2 0.0 Cycle Q Clear(g_c), s 1.4 3A 8.3 8.3 1.2 0.0 Prop In Lane 1.00 0.03 0.30 0.67 Lane Grp Cap(c), veh/h 84 2873 1257 1318 85 0 V/C Ratio(X) 0.40 0.24 0.39 0.39 0.32 0.00 Avail Cap(e_a), veh/h 166 2873 1257 1318 725 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(1) 1.00 1.00 0.59 0.59 1.00 0.00 Uniform Delay (d), s/veh 34.7 1.7 4.4 4.4 34.3 0.0 Iner Delay (d2), s/veh 11 0.2 0.5 0.5 2.1 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %i'Ie BackOfQ(95%) veh%In L I 0.8 4.0 41 0.9 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 35.8 L9 5.0 4.9 36.4 0.0 LnGrp LOS D A A A D A Approach Vol, veh/h: 721 1000 27 Approach Delay, s/veh 3.5 4.9 36.4 Approach LOS A A D Phs Duration (G+Y+Itc), s 66.1 8.9 7.6 58.6 Change Period (Y+Rc), s 5.5 5.0 4.0 5.5 Max Green Setting (Gmax), s 31.5 33.0 7.0 20.5 Max Q Clear Time (g_c+Il), s 5.4 3.2 3.4 10.3 Green Ext Time (p c), s &.8 0.0 0.0 5.7 HCM 6th LOS User approved volume balancing among the lanes for turning movement. Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l I Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Existing Conditions 5: Ramona Blvd & Cesar Chavez Weekday PM Peak Hour Lane Configurations I I'll tT# Y Traffic Volume (veh/h) 48 939 699 8 24 59 Future Volume (veh/h) 48 939 699 8 24 59 Initial Q (Qb), veh ', 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 L4o 1.00 1.00 1,00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/1n 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 52 1021 760 9 26 64 Peak Hour Factor 0.92 0.92 0.92 t1.92 0.92 0,92 Percent Heavy Veh, % 2 2 2 2 2 2 Cp,vch/h 110 2694 213 27 48 118 Arrive On Green 0.06 0.76 0.64 0.64 0.10 0.10 Sat Flow, veh/h 1781 3647 3690 43 468 1153 Grp Volume(v), veh/h 52 1021 375 394 91 0 Grp Sat Flow(s),veh/h/In 1781 1777 1777 1863 1639 0 Q Serve(g_s),s 2.1 7.3 7.2 7.2 4.0 0.0 _ Cycle Q Clear(g_c), s 21 73 7.2 7.2 4.0 0.0 Prop In Lane 1.00 0.02 0.29 0.70 Lane Grp Cap(c), veh/h 110 2694 1142 1198 167 0 V/C Ratio(X) 0.47 0.38 0.33 0.33 0.54 0.00 Avail Cap(e_a), veh/h 166 2694 1142 1198 721 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Fitter(l) 1.00 1.00 0.78 0.78 1.00 0.00 Uniform Delay (d),s/veh 34.0 3.1 6.1 6.1 32.0 0.0 Iner Delay (d2), s/veh 1.2 0A 0.6 0.6 2.7 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 °toile BackOfQ(95%) veh/1n 1.6 2.8 4.0 4.2 3.0 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 352 3.5 6.7 6.6 34.8 0.0 LnGrp LOS D A A A C A Approach Vol, veh/h: 1073 769 91 Approach Delay, s/veh 5.0 6.6 34.8 Approach LOS A A C Phs Duration (G+Y+Itc), s 62.4 12.6 8.6 53.7 Change Period (Y+Rc), s 5.5 5.0 4.0 5.5 Max Green Setting (Gmax), s 31.5 33.0 7.0 20.5 Max Q Clear Time (g_c+Il), s 9.3 6.0 4.1 9.2 Green Ext Time (p c), s 10.1 0.2 0.0 4.7 HCM 6th LOS User approved volume balancing among the lanes for turning movement. Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l I Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Future With Project Conditions 5: Ramona Blvd & Cesar Chavez Weekday AM Peak Hour Lane Configurations I + + +U V Traffic Volume (veh/h) 31 813 983 12 7 17 Future Volume (veh/h) 31 813 983 12 7 17 Initial Q (Qb), veh 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1,00 1.00 Work Zone On Approach No No No A tj Sat Flow, veh/h/In 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 34 884 1068 13 8 18 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 Cap, veh/h 84 2873 2544 31 25 57 Arrive On Green 0.05 0.81 0.71 0.71 0.05 0.05 Sat Flow, veh/h 1781 3647 3689 44 488 1099 Grp Volume(v), veh/h 34 884 528 553 27 0 Grp Sat Flov(s),veh/h/In 1781 1777 1777 1862 1648 0 Q Serve(g_s), s 1.4 4.8 9.3 9.3 1.2 0.0 Cycle Q Clear(g_c), s 1.4 4.8 9.3 9.3 1.2 0.0 Prop In Lane 1.00 0.02 0.30 0.67 Lane Grp Cap(c), veh/h 84 2873 1257 1318 85 0 V/CRatio(X) 0.40 0.31 0.42 0.42 0.32 0.00 Avail Cap(e_a), veh/h 166 2873 1257, 1318 725 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 UpstreamFilter(1) 1.00 LOO 0.51' 0.SI 1,00 O.00 Uniform Delay (d), s/veh 34.7 1.8 4.6 4.6 34.3 0.0 In r Delay (d2), s/veh LI 0.3 0.5 O.5 2.1 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %ite BackOfQ(95%) veh%In LI 1.1 43 4A O.9 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 35.8 2.1 5.1 5.1 36A 0.0 LnGrp LOS D A A A D A Approach Vol, veh/h: 918 1081' 27 Approach Delay, s/veh 3.4 5.1 36.4 Approach LOS A A, D Phs Duration (G+Y+It ), s 66.1 8.9 7.6 58.6 Change Period (Y+Rc), s 5.5 5.0 4.0 5.5 Max Green Setting (Gmax), s 31.5 33.0 7.O 20.5 Max Q Clear Time (g_c+Il), s 6.8 3.2 3.4 11.3 Green Ext Time (p c), s 910 0.0 0.0 5�6 HCM 6th LOS User approved volume balancing among the lanes for turning movement. Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Future With Project Conditions 5: Ramona Blvd & Cesar Chavez Weekday PM Peak Hour Lane Configurations I + + +U V Traffic Volume (veh/h) 48 1123 760 8 24 59 Future Volume (veh/h) 48 1123 760 8 24 59 Initial Q (Qb), veh 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00' 1,00 1.00 1,00 Work Zone On Approach No No No Adj Sat Flow, veh/h/1n 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 52 1221 826 9 26 64 Peak Hour Factor 0.92 0.92 0.92 0,92 0,92 0.92 Percent Heavy Veh, % 2 2 2 2. 2 2 Cp,vch/h 110 2694 2315` 25 48 118 Arrive On Green 0.06 0.76 0.64 0.64 0.10 0.10 Sat Flow, veh/h 1781 3647 3694 39 468 1153 Grp Volume(v), veh/h 52 1221 408 427 91 0 Grp Sat Flow(s),veh/h/In 1781 1777 1777 1863 1639 0 Q Serve(g_s), s 2.1 9.5 8.0 8.0 4.0 0.0 Cycle Q Clear(g_c), s 2.1 9.5 &0 8.0 4.0 0,0 Prop In Lane 1.00 0.02__ 0.29 0.70 Lane Grp Cap(c), veh/h 110 2694 1142 1198 167 0 V/C Ratio(X) 0.47 0.45 0.36 0.36 0.54 0.00 Avail Cap(e_a), veh/h 166 2694 1142 1198 721 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(1) 1.00 1.00 0.70 0.70 1.00 0,00 Uniform Delay (d), s/veh 34.0 3.3 6.2 6.2 32.0 0.0 Incr Delay (d2), s/veh 1.2 0.6 0.6 0.6 2.7 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 °lode BackOfQ(95%),veh/1n L6 3.6 4.5 4.7 3.0 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 35.2 3.9 6.8 6.8 34.8 0.0 LnGrp LOS D A A A_ C A Approach Vol, veh/h: 1273 835 91 Approach Delay, s/veh 5.2 6.8 34.8 Approach LOS A A" Phs Duration (G+Y+Itc), s 62A 12.6 8.6 53.7 Change Period (Y+Rc), s 5.5 5.0 4.0 5.5 Max Green Setting (Gmax), s 3L5 33.0 7.0 20.5 Max Q Clear Time (g_c+Il), s 11.5 6.0 4.1 10.0 Green Ext Time (p c), s 11.5 0.2 0.0 4.9 HCM 6th LOS User approved volume balancing among the lanes for turning movement. Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Existing Conditions 6: Maine Ave & Ramona Blvd Weekday AM Peak Hour -11 --1. r Lane Future Volume (veh/h) 104 416 117 67 735 63 88 375 41 50 316 53 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0' 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 L00 1.00 1.00 1.00 L00 1.00 L00 I.00 L00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/1n 1870 1870 1870 1870 1970 1870 1870 1870 1870 1870" 1870 1870 Adj Flow Rate, veh/h 113 452 127 73 799 68 96 408 45 54 343 58 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 092 0,92 0.92 0.92 0.92 Percent Heavy Veh,%o 2 2 2 2 2 2 2 2 2 2 2 2 Cp,veh/h 145 978 273' 135 1164 99 142 619 525 124 500 85 Arrive On Green 0.08 0.36 0.36 0.08 0.35 0.35 0.08 0.33 0.33 0.07 0.32 0.32 Grp Volume(v), veh/h 113 291 288 73 428 439 96 408 45 54 0 401 Grp Sat Flow(s),veh/h/In 1781 1777 1733 1781 1777 1820 1781 1870 1585 1781 0 1823 Q Serve(g_s), s 7.5 15.1 15.4 4.7 24.7 24.7 6.3 22.4 2.3 3.5 0.0 23.0 Cycle Q Cleur(g c), s 7.5 15.1 15.4 4.7 24.7 24.7 6.3 22A 23 3.5 0.0 23.0 Prop In Lane 1.00 0.44 1.00 0.15 1.00 1.00 1.00 0.14 Lane Grp Cap(c), veh/h 145 634 618 135 624 639 142 619 525 124 0 585 V/C Ratio(X) 0.78 0.46 0.47 0.54 0.69 0.69 0.67 0.66 0.09 0.44 0.00 0.69 Avail Cap(e_a), veh/h 171 634 618 171 624 639 171 619 525 171' 0 '= 585 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 54.1 29.7 29.8 53.4 33.3 33.3 53.7 34.3 27.6 53.6 0.0 35.5 Iner Delay (d2), s/veh 14.3 2A 2.5 1.2 6.1 5.9 4.9 5A 0.3 0.9' 0.0 6.4 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %1`le BackOfQ(95%) veh/In 7.0 ] LI I L0- 3.9 17.1 17A 5.4 16,5 L7 2.9' 0.0 16.8 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 68A 311 32.3' 54.6 39'.3 39.2 58.6 39.7 27,9 54.5: 0.0 41.9 LnGrp LOS E C C D. D D F D C D A D Approach Vol, veh/h: 692 940 549 455 Approach Delay, s/veh 38.1 40.5 42.1 43.4 Approach LOS D D D D Change Period (Y+Rc), s 4.5 5.5 4.5 5.5 4.5 5.5 4.5 5.5 Max Green Setting (Gmax), 41.5 38,5 I L5' 38.5 11.5 38.5 I L5 38.5 Max Q Clear Time (g_c+Il), s9.5 26.7 8.3 25.0 6.7 17.4 5.5 24.4 Green Ext Time (p c), s 0.0 5.5 0.0 2.9 0.0 4.8 0.0 3.1 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l I Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Existing Conditions 6: Maine Ave & Ramona Blvd Weekday PM Peak Hour -11 --1. r • Lane Future Volume (veh/h) 166 723 160 121 515 64 107 328 100 61 346 70 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1,00 1.00 1.00 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/1n 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 180 786 174 132 560 70 116 357 109 66 376 76 Peak Hour Factor 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0,92 0.92 0.92' 0.92 ' 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap, veh/h 171 990 219 158 1065 133 145 614 520 132 485 ; 98 Arrive On Green 0.10 0.34 0.34 0.09 0.34 0.34 0.08 0.33 0.33 0.07 0.32 0.32 Grp Volume(v), veh/h 180 483 477 132 312 318 116 357 109 66 0 452 Grp Sat Flow(s),veh/h/In 1781 1777 1755' 1781 1777 1799 1781 1870 1585 1781' 0 1815 Q Serve(g_s), s 11.5 29.5 29.5 8.8 17.0 17.1 7.7 19.0 6.0 4.3 0.0 27.0 Cycle Q Cleur(g c), s 11.5 29.5 29.5 8.8 17.0 17.1 7.7 19.0 6.0 4.3' 0.0 27.0 Prop In Lane 1.00 0.36 1.00 0.22 1.00 1.00 1.00 0.17 Lane Grp Cap(c), veh/h 171 608 601 158 595 603 145 614 520 132 0 582 V/C Ratio(X) 1.05 0.79 0.79 0.84 0.52 0.53 0.80 0.58 0.21 0.50 0.00 0.78 Avail Cap(e_a), veh/h 171 608 601 171 595 603 171 614 520 171' 0 582 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 54.3 35.6 35.6 53.8 32.2 32.2 54.1 33.5 29.1 53.4 0.0 36.9 Iner Delay (d2), s/veh 81.9 9.7 9.8 25.3 3.3 3.3 16.9 4.0 0,9 1.1 0.0 9.8 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %'Ie BackOfQ(95%) veh%In 14.0 20.1 19.9 8.7 12.3 12.5 7.4 14.3 43 3.6' 0.0 ! 19.6 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 136.2 45.3 45.5 79.2 35,5 35.5 71.1 37.4 :. 30.0 54.5 0.0 46.6 LnGrp LOS F D D F, D D F_ D C D A D Approach Vol, veh/h: 1140 762 582 518 Approach Delay, s/veh 59.7 43.0 42.7 47.6 Approach LOS F D D D Change Period (Y+Rc), s 4.5 5.5 4.5 5.5 4.5 5.5 4.5 5.5 Max Green Setting (Gmax), 41'.5 38.5 I L5 38.5 11.5 38.5 11.5 38.5 Max Q Clear Time (g_c+Il),ls3.5 19.1 9.7 29.0 10.8 31.5 6.3 21.0 Green Fxt Time (p c), s 0.0 5.1 0.0 2.7 0.0 4,1 0.0 3.3 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro 1 I Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Future With Project Conditions 6: Maine Ave & Ramona Blvd Weekday AM Peak Hour Lane Future Volume (veh/h) 105 417 297 52 735 63 163 355 21 50 252 53 Initial Q (Qb), veh 0 6 0; 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 L00 " 1.00 1.00 1.00 1.00 1.00 1.00 1.00 L00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/1n 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 114 453 323 57 799 68 177 386 23 54 274 58 Peak Hour Factor 0.92 0,92 0,92 0.92 0.92 0.92 0,92 0,92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap, veh/h 15 716 508 126 1160 99 204 621 527 124' 430 91 Arrive On Green 0.08 0.36 0.36 0.07 0.35 0.35 0.11 0.33 0.33 0.07 0.29 0.29 Grp Volume(v), veh/h 114 405 371 57 428 439 177 386 23 54 0 332 Grp Sat Flow(s),veh/h/In 1781 1777 1617+ 1781 1777 1820 1781 1870 1585 1781' 0 1813 QServe(g_s), s 7.5 22.7 22.8 3.7 24.8 24.8 11.7 20.8 1.2 3.5 0.0 19.2 Cycle Q Cleur(g c), s 7.5 22.7 22.8'' 3.7 24.8 24.8 I L7 2018 1.2 3.5 0.0 ' 19.2 Prop In Lane 1.00 0.87 1.00 0.15 1.00 1.00 1.00 0.17 Lane Grp Cap(c), veh/h 145 641 583 126 622 637 204 621 527 124 0 521 V/C Ratio(X) 0.79 0.63 0.64 0.45 0.69 0.69 0.87 0.62 0.04 0.44 0.00 0.64 Avail Cap(c_a), veh/h 230 641 583 230 622 637 230 621 527 230 0 ' 521 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 54.1 31.8 31.8 53.5 33.4 33.4 52.3 33.7 27.1 53.6 0.0 37.3 Iner Delay (d2), s/veh 3A 4.6 5J 0.9 6.l 6.0 24.0 4.6 02 0.9 0.0 5.8 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °bile BackOfQ(95%) veh/1n 6.3 15.6 14.6 3.0 '' 17.1 17.4 10.8 15.5 0.9 2.9 0.0 " 14.4 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 57.5 36.3 36.9' 54A 39.5 39„4 76.3 38.3 27.3 54.5 0.0 ' 43,1 LnGrp LOS B D D D D D E D C D A D Approach Vol, veh/h: 891 924 586 386 Approach Delay, s/veh 39.3 40.4 49.4 44.7 Approach LOS D D D D Change Period (Y+Rc), s 4.5 5.5 4.5 5.5 4.5 5.5 4.5 5.5 Max Green Setting (Gmax), 45.5 34.5 15.5 34.5 15.5 34.5 15.5 34.5 Max Q Clear Time (g_c+H), s9.5 26.8 13.7 21.2 5.7 24.8 5.5 22.8 Green Ext Time (p c), s 11.0 4.0 0.0 2.3 0.0 ' 4A 0.0 2.5 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Future With Project Conditions 6: Maine Ave & Ramona Blvd Weekday PM Peak Hour -11 --1. • Lane Future Volume (veh/h) 168 725 340 92 515 64 168 308 80 61 278 70 Initial Q (Qb), veh 0 0 0, 0 0 0 0 0 0 0! 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 L0(1 I.00 I.00 ' 1.00 1.00 1.00 1.00 1.00 1,00 1,00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/1n 1870 1870 1870: 1870 i 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 183 788 370 100 560 70 183 335 87 66 302 76 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0,92 0.92 0,92 0.92 0.92 0,92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap, veh/h 210 817 383 143 987 123 210 619 525 132' 415 104 Arrive On Green 0.12 0.35 0.35 0.08 0.31 0.31 0.12 0.33 0.33 0.07 0.29 0.29 Sat Flow, veh/h 1781 2349 1100 1781 r 3179 396 1781 1870 1585 1781 1442 363 Grp Volume(v), veh/h 183 595 563 100 312 318 183 335 87 66 0 378 Grp Sat Flow(s),veh/h/In 1781 1777 1672; 1781 1777 1799 1,781 1870 1585 1781 0 1805 Q Serve(g_s), s 12.1 39.4 39.7 6.6 17.6 17.7 12.1 17.5 4.7 4.3 0.0 22.6 Cycle Q Cleur(g c), s 12.1 39A 39.7 6.6 17.6 17.7 12.1 17.5 4 7 4.3' 0.0 22.6 Prop In Lane 1.00 0.66 1.00 0.22 1.00 1.00 1.00 0.20 Lane Grp Cap(c), veh/h 210 618 582 143 552 559 210 619 525 132 0 519 V/C Ratio(X) 0.87 0.96 0.97 0.70 0.57 0.57 0.87 0.54 0.17 0.50 0.00 0.73 Avail Cap(c_a), veh/h 230 618 582; 230 552 559 230 619 525 230': 0 519 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 52.1 38.4 38.5 53.8 34.6 34.6 52.1 32.7 28.4 53.4 0.0 38.5 Iner Delay (d2), s/veh 23.5 26.5 28.2 2.3 4.2 4.2 25.5 3A 0.7 1.1i 0.0 8.7 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °bile BackOfQ(95%) veh/1n 10.8 28A 27A 5.4 12.9 13.0 I L2 13.3 3.4 3,6 0.0 16.9 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 75.6 64.8 66.6 56.1 38.8 38.8 77.6 36.1 291 54.5' 0.0 47.2 LnGrp LOS E F E F, D D E D C D A D Approach Vol, veh/h: 1341 730 605 444 Approach Delay, s/veh 67.1 41.1 47.6 48.3 Approach LOS E D D D Change Period (Y+Rc), s 4.5 5.5 4.5 5.5 4.5 5.5 4.5 5.5 Max Green Setting (Gmax), 45.5 14.5 15.5 34.5 15.5 34.5 15.5 34.5 Max Q Clear Time (g_c+Il),ls4.1 19.7 14.1 24.6 8.6 41.7 6.3 19.5 Green Ext Time (p c), s 0.0 4.5 0.0 2.3 0.0 0.0 0.0 18 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro 11 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Existing Conditions 7: Maine Ave & Alleyway/PD Dwy Weekday AM Peak Hour Int Delay, s/veh 0.1 Lane Future Vol, veh/h 0 0 0 5 0 0 0 498 1 0 525 8 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0, 0' Sign Control Free Free Free Stop Stop Stop Free Free Free Free Free Free RT Channelized - None - None - None - None Storage Length Veh in Median Storage, # - I 0 0 0 ; Grade, % 0 0 0 0 Peak Hour Factor 92 92 92, 92 92 92 92 92 92 92 92 , 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2. 2 Mvmt Flow 0 0 0 5 0 0 0 541 1 0; 571 9 Conflicting Flow All 1118 1122 271 580 0 0 - - 0 Stage 1 542 542 - Stage 2 576.. 580 Critical Hdwy 6.63 ' 6.53 6.93 4J3 - Critical Hdwy Stg I 5.83 5.53 Critical Hdwy Stg 2 SA3 5.53 - Follow-up Hdwy 3.519 4.019 3.319 2.219 Pot Cap -I Maneuver 215 205 728 992 0 Stage I 548_. 519 0 Stage 2 561 499 - 0 Platoon blocked, Mov Cap -I Maneuver 215 0 728 992 Mov Cap-2 Maneuver 215 0 - Stage 1 548 0 Stage 2 561 0 HCM LOS HCM Lane V/C Ratio - - - 0.025 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro 11 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Existing Conditions 7: Maine Ave & Alleyway/PD Dwy Weekday PM Peak Hour Int Delay, s/veh Lane Future Vol, veh/h 0 0 0 0 0 1 0 545 0 0 658 4 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Stop Stop Stop Free Free Free Free Free Free RT Channelized None; None Norte - None Storage Length Veh in Median Storage, # 1 0 0 0; Grade, o/o 0 0 0 0 Peak Hour Factor 92 92 92 92 92 92 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 _. 2 2 2 2 2 2 2 2 MvmtFlow 0 0 0 0 0 1 0 592 0 0 715 4 Conflicting Flow All 1309 1311 296 719 0 - - - 0 Stage 1 592 592 - Stage 2 717 719 Critical Hdwy 6.63 6,53 6,93 4.13 Critical Hdwy Stg 1 5.83 5.53 ._ Critical Hdwy Stg 2 5.43 5.53 Follow-up Hdwy 3.519 4.019 3.319 2.219 Pelt Cap -I Maneuver 163 158 701 880 0 0' Stage I 517 493 0 0 Stage 2 483 432 0 0 Platoon blocked, Mov Cap -I Maneuver 163 0 701 880 Mov Cap-2 Maneuver 163 0 Stage! 1 517 0 Stage 2 483 0 HCM LOS HCM Lane V/C Ratio - - 0.002 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Future With Project Conditions 7: Maine Ave & Alleyway/PD Dwy Weekday AM Peak Hour Int Delay, s/veh 0.2 Lane Future Vol, veh/h 0 0 0 5 0 0 10 533 l 0 624 10 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Stop Stop Stop Free Free Free Free Free Free RT Channelized - None; Done - None None Storage Length 0 Veh in Median Storage, # - 1 0 0 - 0 Grade, % 0 _ 0 0 0 .. Peak Hour Factor 92 92 92! 92 92 92 92 92 92 92" 92 92 Heavy Vehicles, % 2 2 2 2 2 2 2 2 2 2 2 2 MvmtFlow 0 0 0 5 0 0 11 579 1 0, 678 11 Conflicting Flow All 1286 1291 580 689 0 0 - - 0 Stage 1 602 602 Stage 2 684 689 Critical Hdwy 6.42 6.52 622 4.12 Critical Hdwy Stg I 5.42 5.52 Critical Hdwy Stg 2 5A2 5.52 Follow-up Hdwy 3.518 4.018 3.318 2.218 Pot Cap -I Maneuver 181 163 514 905 0' Stage I 547 489 _ 0 Stage 2 501 446 0 Platoon blocked, Mov Cap-1 Maneuver 179 0 514 905 - Mov Cap-2 Maneuver 179 0 Stage' 1 540 0 Stage 2 501 0 HCM LOS HCM Lane V/C Ratio 0.012 - - 0.03 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Future With Project Conditions 7: Maine Ave & Alleyway/PD Dwy Weekday PM Peak Hour Int Delay, s/veh 0.1 Lane Future Vol, veh/h 0 0 0 0 0 1 10 566 0 0 737 8 Conflicting Peds, #/hr 0 0 0 0 0 0 0 0 0 0 0 0 Sign Control Free Free Free Stop Stop Stop Free Free Free Free Free Free RT Channelized - None None None None Storage Length 0 Veh in Median Storage, # - I 0 0 0 Grade, % 0 0 _ 0 0 Peak Hour Factor 92 92 92, 92 92 92 92 92 92 92' 92 92 Heavy Vehicles, % 2 2 2 2_ 2 MvmtFlaw 0 0 0 0 0 1 11 615 0 0 801 9 Conflicting Flow All 1443 1447 615 810 0 - - - 0 Stage 1 637 ' 637 Stage 2 806 810 Critical Hdwy 642 6.52 6,22 4,12 Critical Hdwy Stg l 5.42 5.52 Critical Hdwy Stg 2 5.42 5.52 - Follow-up Hdwy 3.518 4,018 3.318 2,218 Pot Cap -I Maneuver 146 131 491 816 0 0' Stage I 527 471 0 0 Stage 2 439 393 - 0 0 Platoon blocked, Mov Cap- I!,Maneuver 144 0 r 491 816 - _ Mov Cap-2 Maneuver 144 0 Stage! 1 520 0 Stage 2 439 0 - HCM LOS HCM Lane V/C Ratio 0.013 - 0.002 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro 11 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Existing Conditions 8: Pacific Ave & Maine Ave Weekday AM Peak Hour Int Delay, s/veh 5.7 Lane Future Vol, veh/h 38 245 285 449 430 81 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None +..: - None Storage Length 150 - 60 Veh in Median Storage, # 0 0 0 Grade, % 0 _ 0 . 0 Peak Hour Factor 92 92 92 92 92 92 Heavy Vehicles, % 2 2 2 2 2 2 MvmtFlow 41 266 310 488 467 88 Conflicting Flow All 1375 278 555 0 - 0 Stage 1 sit Stage 2 864 Critical Hdwy 6.84 6.94 434 Critical Hdwy Stg 1 5.84 Critical Hdwy Stg 2 5,84 Follow-up Hdwy 3.52 3.32 2.22 Pot Cap -I Maneuver 136 719 1011 Stage 1 567 Stage 2 373 Platoon blocked, Mov Cap-1'Maneuver 94 719 1011, Mov Cap-2 Maneuver 94 Stage 1 393 - Stage 2 373 HCM LOS HCM Lane V/C Ratio 0.306 - 0A39 0.37 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Existing Conditions 8: Pacific Ave & Maine Ave Weekday PM Peak Hour Int Delay, s/veh 5.3 Lane Future Vol, veh/h 57 237 171 481 545 101 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 150 60 - Veh in Median Storage, # 0 0 0 Grade, % 0 _, 0 ., 0 Peak Hour Factor 92 92 92' 92 92 92 Heavy Vehicles, % 2 2 2 2_ 2 _. 2 MvmtFlow 62 258 186 523 592 110 Conflicting Flow All 1281 351 702 0 - 0 Stage 1 647 - Stage 2 634 Critical Hdwy 6.84 6.94 4.14' Critical Hdwy Stg 1 5.84 Critical Hdwy Stg 2 5,84 Follow-up Hdwy 3.52 3.32 2.22 Pot Cap -I Maneuver 157 645 891 Stage I 483 Stage 2 491 Platoon blocked, Mov Cap-I!,Maneuver 124 645 891' - - Mov Cap-2 Maneuver 124 Stage 1 382 Stage 2 491 HCM LOS HCM Lane V/C Ratio 0.209 - 0.5 0.399 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Future With Project Conditions 8: Pacific Ave & Maine Ave Weekday AM Peak Hour Lane Configurations F Traffic Volume (veh/h) 0 0 0 532 610 0 Future Volume (veh/h) 0 0 0 532 610 0 Initial Q (Qb), veh d 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1,00 1.00 1.00 1 �00 Work Zone On Approach No No No Adj Sat Flow, veh/h/1n 0 1870 0 1870 1870 0 Adj Flow Rate, veh/h 0 0 0 578 663 0 Peak Hour Factor 0,92 0.92 0.92 0.92 0.92 0,92 Percent Heavy Veh, % 0 2 0 2 2 0 Cap, veh/h 0 0 0 1758 1758 0 Arrive On Green 0.00 0.00 0.00 0.94 0.94 0.00 Sat Flow, veh/h 0 0 1870 1870 0 Grp Volume(v), veh/h 0.0 0 578 663 0 Grp Sat Flow(s),veh/h/In 0 1870 1870 0 Q Serve(g_s),s 0.0 2.0 2.5 0.0 Cycle Q Cleur(g c), s 0.0 2.0 2.5 0.0 Prop In Lane 0.00 0.00 Lane Grp Cap(c), veh/h 0 1758 1758 0 V/C Ratio(X) 0.00 0.33 0.38 0.00 Avail Cap(e_a), veh/h 0 1758 1758 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 Upstream Filter(1) 0.00 1,00 L00 0.00 Uniform Delay (d), s/veh 0.0 0.2 0.2 0.0 Incr Delay (d2), s/veh 0.0 0.5 0.6 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 °bile BackOfQ(95%) veh/1n 0.0 OA 0.5 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 0.0 0.7 0.8 0.0 LnGrp LOS A A A A Approach Vol, veh/h: 578 663 Approach Delay, s/veh 0.7 0.8 Approach LOS A A Phs Duration (G+Y+Itc), s 75.0 75.0 Change Period (Y+Rc), s 4.5 4.5 Max Green Setting (Gmax), s 45.5 45.5 Max Q Clear Time (g_c+Il), s 4.0 4.5 Green Ext Time (p c), s 4A 5A HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l I Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Future With Project Conditions 8: Pacific Ave & Maine Ave Weekday PM Peak Hour Lane Configurations F Traffic Volume (veh/h) 0 0 0 569 725 0 Future Volume (veh/h) 0 0 0 569 725 0 Initial Q (Qb), veh 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.,00 L00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/1n 0 1870 0 1870 1870 0 Adj Flow Rate, veh/h 0 0 0 618 788 0 Peak Hour Factor 0,92 0.92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 0 2 0 2 2 0 Cap, vch/h 0 0 0 1758 1758 0 Arrive On Green 0.00 0.00 0.00 094 0.94 0.00 Sat Flow, veh/h 0 0 1870 1870 0 Grp Volume(v), veh/h 0.0 0 618 788 0 Grp Sat Flow(s),veh/h/In 0 1870 1870 0 Q Serve(g_s),s 0.0 2.2 3.3 0.0 Cycle Q Clear(g c), s 0.0 2.2 3.3 0.0 Prop In Lane 0.00 0.00 Lane Grp Cap(c), veh/h 0 1758 1758 0 V/C Ratio(X) 0.00 0.35 0.45 0.00 Avail Cap(e_a), veh/h 0 1758 1,758 0 HCM Platoon Ratio 1.00 1.00 1.00 1.00 Upstream Filter(1) 0.00 1,00 1.00 0.00 Uniform Delay (d), s/veh 0.0 0.2 0.2 0.0 Incr Delay (d2), s/veh 0.0 0.6 0.8 0.0 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 %ile BackOfQ(95%) veh%In 0.0 0.5 0.7 0.0 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 0.0 0.8 LI 0.0 LnGrp LOS A A A A Approach Vol, veh/h: 618 788 Approach Delay, s/veh 0.8 1.1 Approach LOS A A Phs Duration (G+Y+Itc), s 75.0 75.0 Change Period (Y+Rc), s 4.5 4.5 Max Green Setting (Gmax), s 45.5 45.5 Max Q Clear Time (g_c+Il), s 4.2 5.3 Green Ext Time (p c), s 4.9 7.1 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Existing Conditions 9: Pacific Ave & Bogart Ave Weekday AM Peak Hour Int Delay, s/veh 0.7 Lane Future Vol, veh/h 16 22 709 31 35 651 Conflicting Peds, #/hr 0 0 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - bone None - None Storage Length 0 100 - Veh in Median Storage, # 0 0 0 Grade, % 0 0 0 Peak Hour Factor 92 92 92', 92 92 92 Heavy Vehicles, % 2 2 2: 2 2 2 Mvmt Flow 17 24 771 34 38 708 Conflicting Flow All 1218 403 0 0 805 0 Stage 1 788 Stage 2 430 Critical Hdwy 6.84 6,94 4.14 Critical Hdwy Stg 1 5.84 - Critical Hdwy Stg 2 5.84 Follow-up Hdwy 3.52 3.32 2.22 Pot Cap -I Maneuver 173 597 815 Stage 1 409 - - Stage 2 64 Platoon blocked, Mov Cap-1 Maneuver 15 597 815 Mov Cap-2 Maneuver 165 Stage 1 409 Stage 2 595 HCM LOS HCM Lane V/C Ratio - - 0.145 0.047 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th TWSC Existing Conditions 9: Pacific Ave & Bogart Ave Weekday PM Peak Hour Int Delay, s/veh 1.3 Lane Future Vol, veh/h 30 44 616 27 41 719 Conflicting Peds, #/hr 0 4 0 0 0 0 Sign Control Stop Stop Free Free Free Free RT Channelized - None - None - None Storage Length 0 - 100 - Veh in Median Storage, # 0 0' 0 Grade, % 0 0 0 Peak Hour Factor 92 9 92 92 92 92 Heavy Vehicles, % 2 2 2. 2_ 2 2 MvmtFlow 33 48 670 29 45 782 Conflicting Flow All 1166 350 0 0 699 0 Stage 1 685 - _ Stage 2 481 Critical Hdwy 6.84 6.94 4.14 Critical Hdwy Stg 1 5.84 Critical Hdwy Stg 2 5.84 Follow-up Hdwy 3.52 3.32 2.22 Pot Cap -I Maneuver 187 646 893 Stage 1 462 Stage 2 598 Platoon blocked, Mov Cap-1 Maneuver 178 646 - 893 Mov Cap-2 Maneuver 178 Stage 1 462 Stage 2 559 HCM LOS HCM Lane V/C Ratio - - 0.257 0.05 HCM Lane LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro 11 Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Future With Project Conditions 9: Pacific Ave & Bogart Ave Weekday AM Peak Hour t Lane Configurations Y to IN ti, Traffic Volume (veh/h) 16 22 509 51 35 586 Future Volume (veh/h) 16 22 509 51 35 586 Initial Q (Qb), veh ', 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1.00 1.00 1.00 L00 Work Zone On Approach No No No A1j Sat Flow, veh/h/In 1870 1870 1870; 1870 1870 1870 Adj Flow Rate, veh/h 17 24 553 55 38 637 Peak Hour Factor 0.92 0.92 0.92 0.92 0,92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 Cp,vch/h 26 37 2544' 252 732 3036 Arrive On Green 0.04 0.04 0.78 0.78 0.02 0.85 Sat Flow, veh/h 674 952 3358 324 1781 3647 Grp Volume(v), veh/h 42 0 300 308 38 637 Grp Sat Flov(s),veh/h/In 1665 0 1777 1812 1781 1777 Q Serve(g_s),s 1.9 0.0 3.4 3.4 0.3 2.4 Cycle Q Cleur(g c), s L9 0.0 3A 3.4 0.3 2.4 Prop In Lane 0.40 0.57 0.18 1.00 Lane Grp Cap(c), veh/h 65 9 1385' 1412 732 3036 V/C Ratio(X) 0.65 0.00 0.22 0.22 0.05 0.21 Avail Cap(e_a), veh/h 577 0 1385 1412 954 3036 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(1) 1.00 0.00 0.94 0,94 1.00 1.00 Uniform Delay (d), s/veh 35.5 0.0 2.2 2.2 1.3 1.0 Incr Delay (d2), s/veh 10.4 0.0 0.3 0.3 0.0 0.2 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 % le BackOfQ(95%) veh/1n 1.7 0.0 1.3 ' 1.4 0.l 0.2 Unsig. Movement Delay, s/veh LnGrpDelay(d),s/veh 45.9 0.0 15 2.5 1.4 LI LnGrp LOS D A A A A A Approach Vol, veh/h: 42 608 675 Approach Delay, s/veh 45.9 2.5 1.1 Approach LOS D A A Phs Duration (G+Y+It ), s 68.1 5.6 62.4 6.9 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 I L0 26.0 26.0 Max Q Clear Time (g_c+Il), s 4.4 2.3 5.4 3.9 Green Ext Time (p c), s 4.4 0.0 3.7 0.1 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Future With Project Conditions 9: Pacific Ave & Bogart Ave Weekday PM Peak Hour t Lane Configurations Y to IN ti, Traffic Volume (veh/h) 30 44 516 47 41 662 Future Volume (veh/h) 30 44 516 47 41 662 Initial Q (Qb), veh 0 0 0+ 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 L00 L00 1.00 1.00 Work Zone On Approach No No No Adj Sat Flow, veh/h/1n 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 33 48 561 51 45 720 Peak Hour Factor 0.92 0.92 0.92 0.2 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 .; 2 2 Cap, veh/h 43 62 2478 225 707 2948 Arrive On Green 0.06 0.06 0.75 0.75 0.02 0.83 Sat Flow, veh/h 669 973 3388 299 1781 3647 Grp Volume(v), veh/h 82 0 302 310 45 720 Grp Sat Flow(s),veh/h/In 1662 0 1777' 1817 1781 1777 Q Serve(g_s),s 3.6 0.0 3.8 3.8 0.4 3.2 Cycle Q Clear(g c), s 3.6 0.0 3.8 3.8 0,4 3.2 Prop In Lane 0.40 0.59 0.16 1.00 Lane Grp Cap(c), veh/h 106 0 1336, 1366 + 707 2948 V/C Ratio(X) 0.78 0.00 0.23 0.23 0.06 0.24 Avail Cap(e_a), veh/h 576 0 1336 1366 925 2948 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 Upstream Filter(1) 1.00 0.00 0.91 0.91 1.00 I.00 Uniform Delay (d), s/veh 34.6 0.0 2.8 2.8 1.7 1.4 Incr Delay (d2), s/veh 11.4 0.0 0A 0.4 0.0 0.2 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(95%) veh%In 3.2 0.0 L7, 1.8 0A 0.7 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 46.0 0.0 3.1 3.1 L8 L6 LnGrp LOS D A A A .: A A Approach Vol, veh/h: 82 612' 765 Approach Delay, s/veh 46.0 3.1 1.6 Approach LOS D A A � a Phs Duration (G+Y+Itc), s 66.2 5.8 60A 8.8 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 11.0 26.0 26.0 Max Q Clear Time (g_c+Il), s 5.2 2.4 5.8 5.6 Green Ext Time (p c), s 5.9 0.0 3.7 0.2 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l I Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Existing Conditions 10: Pacific Ave & Downing Ave Weekday AM Peak Hour Lane Future Volume (veh/h) 30 9 6 37 10 60 6 666 28 29 588 42 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 T.00 1.00 1.00 1.00 1,00 1.00 L00 1.00i L00 L00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/1n 1870 1870 1870 1870 1870 1870 1870 `' 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 33 10 7 40 11 65 7 724 30 32 639 46 Peak Hour Factor 0,92 0,92 0.92 0,92 0,92 0.92 0,92 0.92 0.92 ` 0,92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cap, vch/h 173 49 23 108 27 89 641 1347 1141 516 2666 12 Arrive On Green 0.10 0.10 0.10 0.10 0.10 0.10 0.72 0.72 0.72 0.02 0.79 0.79 Grp Volume(v), veh/h 50 0 0 116 0 0 7 724 30 32 337 348 Grp Sat Flow(s),veh/h/In 1647 0 0 1587 0 0 757 1870 1585 1781 1777 1827 Q Serve(g_s),s 0.0 0.0 0.0 3.3 0.0 0.0 0.2 13.3 0.4 0.3 3.6 3.7 Cycle Q Cleur(g c), s 20 0,0 0.0 5.2 0.0 0.0 0.2 13.3 0.4 0.3 3.6 37 Prop In Lane 0.66 0.14 0.34 0.56 1.00 1.00 1.00 0.13 Lane Grp Cap(c), veh/h 245 0 0 224 0 0 641 1347 1141 + 516 1409 1448 V/C Ratio(X) 0.20 0.00 0.00 0.52 0.00 0.00 0.01 0.54 0.03 0.06 0.24 0.24 Avail Cap(e_a), veh/h 600 0 0 602 0 0 641 1347 1141 743 1409 1448 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 31.2 0.0 0.0 32.6 0.0 0.0 3.0 4.8 3.0 3.7 2.0 2.0 In r Delay (d2), s/veh OA 0,0 0.0 L9 0.0 0.0 0.0 L5 0,0 0.0 0.4 0 4 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °bile BackOfQ(95%) veh/1n 1 5 0.0 0.0 3.8 0.0 0.0 0.0 7.3 01 0.1' 1.4 1 4 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 31.6 0.0 0.0 34,5 0.0 0.0 3.0 6.3 3.0 18; 2.4 24 LnGrp LOS C A A C A A A A A. A A A Approach Vol, veh/h: 50 116 761 717 Approach Delay, s/veh 31.6 34.5 6.2 2.4 Approach LOS C C A Phs Duration (G+Y+Itc), s 6.5 11.5 5.5 58.0 I L5 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 26,0 1 L0 26,0 26.0 Max Q Clear Time (g_c+H), s 5.7 4.0 2.3 15.3 7.2 Green Ext Time (p c), s 4.2 0.2 0.0 3.9 0.5 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Existing Conditions 10: Pacific Ave & Downing Ave Weekday PM Peak Hour Lane Future Volume (veh/h) 9 7 6 51 5 42 16 607 50 62 665 18 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1,00 1.00 1.00 1.00 1.00 1.00 1.00 ! 1.00 1,00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/1n 1870 1870 1870 1870 1870 1870 1870 1870 1870 ' 1870 1870 1870 Adj Flow Rate, veh/h 10 8 7 55 5 46 17 660 54 67 723 20 Peak Hour Factor 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0,92 ; 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cp,vch/h 108 76 45 138 16 62 610 1340 1136 564 2826 78 Arrive On Green 0.09 0.09 0.09 0.09 0.09 0.09 0.72 0.72 0.72 0.03 0.80 0.80 Grp Volume(v), veh/h 25 0 0 106 0 0 17 660 54 67 364 379 Grp Sat Flow(s),veh/h/In 1736 0 0 1529 0 0 717 1870 1585 ' 1781; 1777 1853', Q Serve(g_s),s 0.0 0.0 0.0 4.0 0.0 0.0 0.5 11.6 0.7 0.7 3.9 3.9 Cycle Q Cleur(g c), s 10 0.0 0.0 5.O 0t0 0.0 0.5 I L6 O.7 O.7 3.9 39 Prop In Lane 0.40 0.28 0.52 0.43 1.00 1.00 1.00 0.05 Lane Grp Cap(c), veh/h 229 0 0 216 0 0 610 1340 1136 564. 1421 1482 V/C Ratio(X) 0.11 0.00 0.00 0.49 0.00 0.00 0.03 0.49 0.05 0.12 0.26 0.26 Avail Cap(e_a), veh/h 623 0 0 594 0 0 610 1340 1136 771 1421 1482 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 31.3 0.0 0.0 33.0 0.0 0.0 3.1 4.7 3.1 3.4 1.9 1.9 Iner Delay (d2), s/veh 02 0.0 0.0 1.7 0.0 0.0 0.1 1.3 0A 0.1' OA 0.4 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °bile BackOfQ(95%) veh/1n 0 8 0.0 0.0 3.5 0.0 0.0 0.1 6A 0.3 0.3 1.4 1.4 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 31.5 0.0 0.0 34.8 0.0 0.0 3.2 6.0 3.2 3.4" 2.3 2.3' LnGrp LOS C A A C A A A A A A A A Approach Vol, veh/h: 25 106 731 810 Approach Delay, s/veh 31.5 34.8 5.7 2.4 Approach LOS C C A A Phs Duration (G+Y+Itc), s 64.0 1 LO 6.3 57.7 ILO Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.O 26,0 ILO 26.0 26.0 Max Q Clear Time (g_c+Il), s 5.9 3.0 2.7 13.6 7.0 Green Ext Time (p c), s 4.6 0.1 0.1 3.9 0.5 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Future With Project Conditions 10: Pacific Ave & Downing Ave Weekday AM Peak Hour -11 --1. r Lane Future Volume (veh/h) 30 9 6 37 10 60 6 466 48 29 523 42 Initial Q (Qb), veh 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1,00 1.00 ', 1.00 Loo 1.00 100 1,00 1.00 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/In 1870 1870 1870! 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 33 10 7 40 11 65 7 507 52 32 568 46 Peak Hour Factor 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0,92 0.92 0.92 0.92 0.92 Percent Heavy Veh, % 2 2 2 2. 2 2 2 2 2 2 2 2 Cap, veh/h 173 49 23 108 27 89 678 1347 1141 655! 2640 213 Arrive On Green 0.10 0.10 0.10 0.10 0.10 0.10 0.72 0.72 0.72 0.02 0.79 0.79 Grp Volume(v), veh/h 50 0 0 116 0 0 7 507 52 32 303 311 Grp Sat Flow(s),veh/h/In 1647 0 0 1587 0 0 808 1870 1585 1781 1777 1822 Q Serve(g_s), s 0.0 0.0 0.0 3.3 0.0 0.0 0.2 7.8 0.7 0.3 3.2 3.2 Cycle Q Cleur(g c), s 2.0 0.0 0.0 5.2 0.0 0.0 0.2 7.8 0,7 0.3 3.2 3.2 Prop In Lane 0.66 0.14 0.34 0.56 1.00 1.00 1.00 0.15 Lane Grp Cap(c), veh/h 245 0 0' 224 0 0 678 1347 1141 655. 1409 1445 V/C Ratio(X) 0.20 0.00 0.00 0.52 0.00 0.00 0.01 0.38 0.05 0.05 0.21 0.22 Avail Cap(c_a), veh/h 600 0 0 602 0 0 678 147 1141 881' 1409 1445 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 31.2 0.0 0.0 32.6 0.0 0.0 3.0 4.0 3.0 2.8 1.9 1.9 Iner Delay (d2), s/veh 0A 0.0 0.0' 1.9 0.0 0.0 0.0 0.8 0.1 0.0' 0.3 0.3 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 °lade BackOfQ(95%) veh/1n L5 0.0 0.0 3.8 0.0 0.0 0.0 4.2 0.3 0.1' L2 L2 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 31.6 0.0 0.0' 34.5 0.0 0.0 3.0 4.8 3.1 2.8' 23 ' 2.3 LnGrp LOS C A A C A A A A A A A A Approach Vol, veh/h: 50 116 566 646 Approach Delay, s/veh 31.6 34.5 4.7 2.3 Approach LOS C C A A Phs Duration (G+Y+Itc), s 63.5 11.5 5.5 58.0 I L5 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 26.0 11.0 26.0 2.0 Max Q Clear Time (g_c+Il), s 5.2 4.0 2.3 9.8 7.2 Green Ext Time (p c), s 3.8 0.2 0.0 3.2 0.5 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/1-22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 HCM 6th Signalized Intersection Summary Future With Project Conditions 10: Pacific Ave & Downing Ave Weekday PM Peak Hour -11 --1. r Lane Future Volume (veh/h) 9 7 6 51 5 42 16 507 70 62 608 18 Initial Q (Qb), veh ', 0 0 0 0 0 0 0 0 0 0 0 0 Ped-Bike Adj(A_pbT) 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Parking Bus, Adj 1.00 1.00 1,00 1.00 I.00 I.00 1,00 1.00 1.00 1.00' 1.00 1.00 Work Zone On Approach No No No No Adj Sat Flow, veh/h/1n 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 1870 Adj Flow Rate, veh/h 10 8 7 55 5 46 17 551 76 67 661 20 Peak Hour Factor 0.92 0,92 0.92 0.92 0.92 0.92 0.92 0.92 0.92 0.92' 0,92 0.92 Percent Heavy Veh, % 2 2 2 2 2 2 2 2 2 2 2 2 Cp,veh/h 108 76 45 138 16 62 640 1340 1136 627! 2817 85 Arrive On Green 0.09 0.09 0.09 0.09 0.09 0.09 0.72 0.72 0.72 0.03 0.80 0.80 Grp Volume(v), veh/h 25 0 0 106 0 0 17 551 76 67 333 348 Grp Sat Flow(s),veh/h/In 1736 0 0' 1529 0 0 759 1870 1585 1781 1777 ' 1851 Q Serve(g_s),s 0.0 0.0 0.0 4.0 0.0 0.0 0.5 8.9 1.1 0.7 3.5 3.5 Cycle Q Cleur(g c), s 1,.0 0.0 O.O: 5.0 0.0 0.0 0.5 8.9 II 0.7, 3.5 3.5 Prop In Lane 0.40 0.28 0.52 0.43 1.00 1.00 1.00 0.06 Lane Grp Cap(c),veh/h 229 0 0 216 0 0 640 1340 1136 627 1421 1481 V/C Ratio(X) 0.11 0.00 0.00 0.49 0.00 0.00 0.03 0.41 0.07 0.11 0.23 0.23 Avail Cap(c_a), veh/h 623 0 0 594 0 0 640 1340 1136 835 1421 , 1481 HCM Platoon Ratio 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 1.00 Uniform Delay (d), s/veh 31.3 0.0 0.0 33.0 0.0 0.0 3.1 4.3 3.2 2.9 1.8 1.8 In r Delay (d2), s/veh 0.2 0.0 010' 1.7 O.O 0.0 0.1 0.9 0.1 0.1 0A 0.4 Initial Q Delay(d3),s/veh 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 0.0 %ile BackOfQ(95%) veh%In 0.8 0.0 0.0 3.5 010 0.0 O,1 4.9 0.5 0.2; 1.2 1.3 Unsig. Movement Delay, s/veh LnGrp Delay(d),s/veh 31.5 0.0 0.0' 34,8 0.0 0.0 3.2 5.2 33 2.9 2.2 2.2 LnGrp LOS C A A C A A A A A A A A Approach Vol, veh/h: 25 106 644 748 Approach Delay, s/veh 31.5 34.8 4.9 2.3 Approach LOS C C A A Phs Duration (G+Y+R), s 64.0 1 LO 6.3 57.7 11.0 Change Period (Y+Rc), s 4.0 4.0 4.0 4.0 4.0 Max Green Setting (Gmax), s 26.0 26.0 11.0 26.0 26.0 Max Q Clear Time (g_c+Il), s 5.5 3.0 2.7 10.9 7.0 Green Ext Time (p c), s 4.2 0.1 0.1 3.6 0.5 HCM 6th LOS Baldwin Park Zocalo Civic Plaza Project/ 1 -22-4468-1 Synchro l 1 Report LLG Engineers 04/21 /2022 APPENDIX C TRAFFIC CONTROL WARRANT ANALYSIS LINSCOTT, LAW & GREENSPAN, engineers LLG Ref. 1-22-4468-1 Zocalo Park Project California MUTCD 2014 Edition Page 965 (FHWA's MUTCD 2009 Edition, including Revisions I & 2, as amended for use in California) Figure 4F-1. Guidelines for the Installation of Pedestria H�bfid Beacons ori� Low-9066d Roadways I m M TOTALOFALL PEDESTRIANS CROSSING THE MAJOR STREET - PEDESTRIANS PER HOUR (PPH) 20Q M OEM 0 250 500 750 1000 1250 1500 1750 2000 MAJOR STREET —TOTAL OF BOTH APPROACHES — VEHICLES PER HOUR (VPH) Note. 20 pph applies as the lower threshold volume Figure 417�2. Guidelines for the Installation of Pedestrian Hybrid Beacons on High -Speed Roadways Speeds ol more than 35 mph M T)E7ML OF ALL 3oo PEDESTRIANS , CROSS ING THE MAJOR STREET PEDESTRIANS PE�R HOIJR OTH) 200 E 0 250 500 750 1000 125,0 1500 1750 2000 MAJOR STREET —TOTAL OF BOTH APPROACHES — VEHICLES PER HOUR (VPH) Note: 20 pph applies as the lower threshold volume Chapter 4F — Pedestrian Hybrid Beacons November 7, 2014 Part 4 — Highway Traffic Signals Attachment #6 Exhibit F, City Council Minutes - Feb. 16, 2022 Meeting �pF SAL�Dw�ti ,HuBtOFt 9 SAN,RIELq YA L� EYt 42b .IANP� AMENDED MINUTES BALDWIN PARK CITY COUNCIL VIRTUAL REGULAR MEETING February 16, 2022, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at approximately 7:06 p.m. by Mayor Estrada. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chief of Police Robert A. Lopez. ROLL CALL City Clerk Garcia performed roll call: MEMBERS PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Mayor Pro Tem Daniel Damian Mayor Emmanuel J. Estrada Council Member Monica Garcia - Excused REPORT ON CLOSED SESSION DURING OPEN SESSION City Attorney Tafoya announced the City Council will reconvene into closed session following the regular session and will report out at the conclusion of the closed session. ANNOUNCEMENTS The City Council are also members of the Board of Directors of the Housing Authority, and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Cannabis Program Presentation presented by Benjamin Martinez, Director of Community Development and HDL Companies PUBLIC COMMUNICATIONS Mayor Estrada opened Public Communications at approximately 7:43 p.m. 1) Greg Tuttle 2) John Rios 3) Katherine Loeser Mayor Estrada closed public communications at approximately 7:53 p.m. Regular Meeting Minutes — 02-16-2022 Page 1 of 7 CONSENT CALENDAR 1. 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 Paul Hernandez to adopt Motioned. AYES: Estrada, Hernandez, Avila, Damian, [4 — 0]. Passes 2. Meeting Minutes Motion to approve meeting minutes for the following City Council Meetings: Special City Council Meeting of February 2, 2022. Regular City Council Meeting of February 2, 2022. MOTION: It was moved by Emmanuel Estrada, seconded by Paul Hernandez to adopt Motioned. AYES: Estrada, Hernandez, Avila, Damian, [4 — 0]. Passes 3. Treasurer's Report — December 2021 Motion to receive and file the Treasurer's Report for December 2021. MOTION: It was moved by Emmanuel Estrada, seconded by Paul Hernandez to adopt Motioned. AYES: Estrada, Hernandez, Avila, Damian, [4 — 0]. Passes 4. Claim Rejection Motion to reject the following claims and direct staff to send the appropriate notice of rejection to claimant(s): Edwin Parra The claimant alleges POBAR rights were violated, discrimination, hostile work environment, harassment, and whistle blower retaliation. Frank Real The claimant alleges POBAR rights were violated, discrimination, hostile work environment, harassment, and whistle blower retaliation. Cetina Gonzalo The claimant alleges POBAR rights were violated, discrimination, hostile work environment, harassment, and whistle blower retaliation. Jose Jimenez The claimant alleges POBAR rights were violated, discrimination, hostile work environment, harassment, and whistle blower retaliation. Luis Valdivia The claimant alleges POBAR rights were violated, discrimination, hostile work environment, harassment, and whistle blower retaliation. These government claims, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members. MOTION: It was moved by Emmanuel Estrada, seconded by Paul Hernandez to adopt Motioned. AYES: Estrada, Hernandez, Avila, Damian, [4 — 0]. Passes Regular Meeting Minutes — 02-16-2022 Page 2 of 7 5. Approve an Industrial Disability Retirement (IDR) Claim for Joseph D. Bartolotti Motion to approve the IDR and Resolution No. 2022-003 effectuating the approval. MOTION: It was moved by Emmanuel Estrada, seconded by Paul Hernandez to adopt Motioned. AYES: Estrada, Hernandez, Avila, Damian, [4 — 0]. Passes 6. Approve an Industrial Disability Retirement (IDR) Claim for Darryl R. Kosaka Motion to approve the IDR and Resolution No. 2022-004 effectuating the approval. MOTION: It was moved by Emmanuel Estrada, seconded by Paul Hernandez to adopt Motioned. AYES: Estrada, Hernandez, Avila, Damian, [4 — 0]. Passes 7. Ratify and Adopt Resolution to Approve Updates to the City of Baldwin Park Job Clarification Plan to include Revisions to the Class Specifications of Police Captain, Police Lieutenant and Police Sergeant Motion to approve Resolution No. 2022-005 to update the class specifications for Police Captain, Police Lieutenant and Police Sergeant, respectively and add accredited college institution. MOTION: It was moved by Paul Hernandez, seconded by Daniel Damian to adopt Motioned. AYES: Hernandez, Damian, Estrada, Avila, [4 — 0]. Passes 8. Award of Contract with Shaw Integrated Solutions for CIP22-029 Replacement of Carpet for Teen Center Motion to: 1. Waive formal bid procedures per the City's Purchasing Ordinance No. 1101 and Baldwin Park Municipal Code Chapter 34 section 37 (A); and 2. Authorize Director of Recreation & Community Services to Execute the Contract with Shaw Integrated Solutions. MOTION: It was moved by Emmanuel Estrada, seconded by Paul Hernandez to adopt Motioned. AYES: Estrada, Hernandez, Avila, Damian, [4 — 0]. Passes 9. Approving the form of the Agreements to be used with the San Gabriel Valley Habitat for Humanity, Inc. to Implement an Acquisition and Rehabilitation Housing Program using HOME Investment Partnership Act Program Funds to Create Homeownership Opportunities Motion to: 1. Approve the form of the attached Agreements for use in the Program; and 2. Authorize the Chief Executive Officer ("CEO") and City Attorney to carry out all subsequent and needed actions to proceed with the Program, including approving real estate purchase transactions, and executing agreements. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motioned. AYES: Estrada, Avila, Hernandez, Damian, [4 — 0]. Passes Regular Meeting Minutes — 02-16-2022 Page 3 of 7 10.Consideration of an Agreement between the City of Baldwin Park and the San Gabriel Valley Regional Housing Trust to Provide Homeless Housing and Related Services for Homeless Families at 13167 Garvey Avenue Motion to: 1. Approve the Resolution No. 2022-006 directing the Chief Executive Officer (CEO) to execute the Agreement between the City of Baldwin Park and the SGVRHT; and 2. Direct the Director of Community Development to prepare and invoice the SGVRHT for 25% of the HHPP grant award or $312,500 within 30 days; and 3. Direct the Director of Community Development to prepare a site plan and schematic design for the housing development and, when ready, return to the City Council for review, discussion, and direction thereof; and 4. Authorize the Director of Finance to make the necessary appropriations and budget adjustments for the HHPP grant funds. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motioned. AYES: Estrada, Avila, Hernandez, Damian, [4 — 0]. Passes 11.Second reading of Ordinance No. 1467 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 50 of the Baldwin Park Municipal Code and Enacting a New Section in Chapter 50 Establishing Mandatory Organic Waste Disposal Reduction Requirements Under Senate Bill (SB) 1383 Related to Short-lived Climate Pollutants (SLCP)" Motion to waive second reading and adopt Ordinance No. 1467, entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 50 of the Baldwin Park Municipal Code and Enacting a New Section in Chapter 50 Establishing Mandatory Organic Waste Disposal Reduction Requirements Under Senate Bill (SB) 1383 Related to Short -Lived Climate Pollutants (SLCP)". MOTION: It was moved by Emmanuel Estrada, seconded by Paul Hernandez to adopt Motioned. AYES: Estrada, Hernandez, Avila, Damian, [4 — 0]. Passes 12.Adopt Resolution No. 2022-007 Entitled "A Resolution of the City Council of the City of Baldwin Park Authorizing Submittal of Applications for all CalRecycle Grant and Payment Programs" Motion to adopt Resolution No. 2022-007 entitled, "A Resolution of the City Council of the City of Baldwin Park Authorizing Submittal of Applications for all CalRecycle Grant and Payment Programs". MOTION: It was moved by Emmanuel Estrada, seconded by Paul Hernandez to adopt Motioned. AYES: Estrada, Hernandez, Avila, Damian, [4 — 0]. Passes 13.Award Professional Service Agreement to La Canada Design Group (LCDG) for Landscape, Architectural and Engineering Design Services for the Completion of the Zocalo/Civic Center Park Plaza Project and Conceptual Designs for a New City Hall Annex Building and Facade Upgrades to the Exterior of the City Hall Building Motion to: 1. Authorize the Director of Public Works to execute a professional services agreement with La Canada Design Group Inc. (LCDG) in the amount of $346,770 for architectural and engineering design services of the Zocalo/ Civic Plaza Project; and Regular Meeting Minutes — 02-16-2022 Page 4 of 7 2. Authorize the Director of Finance to appropriate $236,480 from Fund No. 270 - SB- 129 California Natural Resources Agency/California Department of Parks and Recreation, appropriate $34,240 from Fund No. 275 —ARPA American Rescue Plan Act (Loss Revenue Category), appropriate $76,050 from Fund No. 245 — Prop C to fully fund the project; and 3. Authorize the Director of Finance to record the State Parks grant in the amount of $6,000,000 under Grant Fund No. 270 and make the necessary appropriations and budget adjustments; and 4. Authorize the Director of Public Works to process the necessary invoice and payment documentation. MOTION: It was moved by Emmanuel Estrada, seconded by Paul Hernandez to adopt Motioned. AYES: Estrada, Hernandez, Avila, Damian, [4 — 0]. Passes 14.Approval of Employment Agreement with Veronica Alvarez for the Position of Accounting Manager Motion to approve the agreement with Veronica Alvarez for the position of Accounting Manager and direct the Mayor and the City Clerk to execute it. MOTION: It was moved by Emmanuel Estrada, seconded by Paul Hernandez to adopt Motioned. AYES: Estrada, Hernandez, Avila, Damian, [4 — 0]. Passes CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION 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. SA-1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — December 2021 Motion to receive and file the Treasurer's Report for December 2021. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motioned. AYES: Estrada, Avila, Hernandez, Damian, [4 — 0]. Passes 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 Alejandra Avila to adopt Motioned. AYES: Estrada, Avila, Hernandez, Damian, [4 — 0]. Passes SA-3 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Approving the Form of the Agreements to be used with the San Gabriel Valley Habitat for Humanity, Inc. to implement an Acquisition and Rehabilitation Housing Program using Low- and Moderate -Income Housing Funds to Create Homeownership Opportunities Motion to: 1. Approve the form of the attached Agreements for use in the Program; and Regular Meeting Minutes — 02-16-2022 Page 5 of 7 2. Authorize the Chief Executive Officer ("CEO") and City Attorney to carry out all subsequent and needed actions to proceed with the Program, including approving real estate purchase transactions, and executing agreements. MOTION: It was moved by Emmanuel Estrada, seconded by Paul Hernandez to adopt Motioned. AYES: Estrada, Hernandez, Avila, Damian, [4 — 0]. Passes PUBLIC HEARING 15. FY 2022-23 Annual Action Plan Housing and Community Development Needs and Priorities Public Hearing Motion to: 1. Conduct a public hearing to consider the city's housing and non -housing community development needs for the preparation of the FY 2022-23 Annual Action Plan; and 2. Following the public hearing, receive and file this report, any comments made by the Mayor, City Council, and/or residents during the public hearing, for inclusion in the Fiscal Year 2022-23 Annual Action Plan. Mayor Estrada opened the public hearing at approximately 8:07 p.m., seeing no one wishing to speak in favor or opposition of the item, Mayor Estrada closed the public hearing at 8:07 p.m. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt Motioned. AYES: Estrada, Avila, Hernandez, Damian, [4 — 0]. Passes REPORTS OF OFFICERS 16.Consideration of Ordinance of the City of Baldwin Park to Establish Campaign Contribution Limits and Penalties in Baldwin Park Motion to consider the new ordinance with added amendments introduce for first reading, by title only, Ordinance entitled: "An Ordinance of the City Council of the City of Baldwin Park Establishing Campaign Contribution Limits and Penalties" and direct staff to bring back for second reading and adoption at the next regularly scheduled City Council Meeting. Delete Section 40.03 delete. Section 40.15 amended. Add section 40.16 Amendments: Any amendments to this Ordinance shall not act to weaken the Ordinance or act in a manner that is counter to the spirit, purpose, or intent of the Ordinance. Amendment or repeal of any portion of this Ordinance, except mandated by a court of law, shall require a four -fifths vote of the City Council, except for amendments that are clerical or act to further clarify clauses in the Ordinance. MOTION: It was moved by Emmanuel Estrada, seconded by Daniel Damian to adopt Motioned. AYES: Estrada, Damian, Avila, Hernandez, [4 — 0]. Passes Direction to add ordinance to the ballot in November Election and bring staff report with the cost of adding to the ballot. Regular Meeting Minutes — 02-16-2022 Page 6 of 7 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor Pro Tern Daniel Damian requests City Council discussion and direction to move the City of Baldwin Park's annual parade from the month of November to the month of December. Also, bring back a proposed budget for the Downtown Street Market and Concerts in the Park events to the next meeting. The City Council recessed back into Closed Session at approximately 8:53 p.m. and reconvened into open session at approximately 10:34 p.m. REPORT ON CLOSED SESSION City Attorney Tafoya announced no reportable action was taken. ADJOURNMENT There being no other business to discuss, a motion was made by Mayor Estrada, seconded by Mayor Pro Tern Damian, to adjourn the meeting at approximately 10:32 p.m. ATTEST: 41�1 Emmanue J. fstrhda, Mayor Marlen Garcia, City Clerk APPROVED: June 7, 2022 STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, Shirley Quinones, Chief Deputy City Clerk of the City of Baldwin Park do hereby certify that the foregoing actions were taken by the City Council of the City of Baldwin Park at a regular meeting thereof held on February 16, 2022 hir y Q inones Chief D uty City Clerk Regular Meeting Minutes — 02-16-2022 Page 7 of 7 Attachment 7 Exhibit G, 2016 Downtown TOD Specific Plan (https:// www.baldwinpark.com/DocumentCenterNiew/1947/BP- DowntownTODSpecificPlan-Final2016-PDF) Attachment #8 Exhibit H, Site and Vicinity Photos AREA MAP i LOCATION: Northwest Intersection of Maine Avenue and Pacific Avenue and extends South of Maine Avenue CASE NUMBER: TPM 84199 DATE: February 14, 2024 y HU6OF SAN GABRIEL ,NA ELES"?� k01AN" View from City Hall Civic Plaza View of Southeast corner of Project View of West side of Project View of Southwest corner of Project Attachment 9 Exhibit I, Letter of Opposition dated June 27, 2023 Allen Matkins Leck Gamble Mallory & Natsis LLP A' Hen Matkins Attorneys at Law 2010 Main Street, 8t' Floor I Irvine, CA 92614-7214 Telephone: 949.553.1313 1 Facsimile: 949.553.8354 www.allenmatkins.com K. Erik Friess E-mail: rfriess@allenmatkins.com Direct Dial: 9498515478 File Number: 393765.00001/4857-7660-3243.4 VIA ELECTRONIC MAIL June 27, 2023 City of Baldwin Park Planning Commission c/o Christopher Saenz, City Clerk 14403 East Pacific Avenue Baldwin Park, CA 91706 Email: csaenz@baldwinpark.com Re: Agenda Item No. 2 for the June 28, 2023, Planning Commission meeting: Objections to City of Baldwin Park's adoption of a tentative parcel map (TPM 084199) Dear Planning Commissioners: This firm represents the Asher family, who are owners of the property located at 14402 Pacific Avenue (held under the legal entity 14418 Pacific Avenue LLC). And this letter is a formal objection to the City of Baldwin Park's proposed adoption of a Tentative Parcel Map (TPM 084199) at the June 28, 2023, Planning Commission public hearing, Agenda Item No. 2. We have been in contact with the City and its outside counsel since April 13, 2023, regarding the City's unconstitutional taking of the Asher's property and the City's improper attempts to vacate Maine Avenue in connection with the construction of the Zocalo Civic Plaza. As you are aware, the City demolished Maine Avenue in furtherance of the Zocalo Civic Plaza project without first making any of the required findings to support such a drastic action, without complying with the street -vacation procedures and requirements set forth in the California Streets and Highways Code, and without complying with other laws. We have raised these concerns in multiple letters that were previously sent to the City in connection with its approval of the Zocalo Civic Plaza. The City has, to date, failed to reverse course and to remedy these violations of law. It now appears that the City is attempting to use approval of Tentative Parcel Map No. 084199 as a post -hoc mechanism to "cure" the City's prior violations, including its failure to properly vacate Maine Avenue prior to its demolition. This will not work. As outlined more fully below, TPM 084199 should not — and cannot — be approved by your body nor the City Council for the following reasons: (1) the approval of TPM 084199 would illegally incorporate previously condemned land originally taken for intersection expansion into this Los Angeles ( Orange County ( San Diego I Century City I San Francisco Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission June 27, 2023 Page 2 park project; (2) TPM 084199 is inconsistent with the City's Specific Plan governing development on the property; (3) the approval of TPM 084199 is not categorically exempt from review under CEQA; and (4) the City's actions in demolishing Maine Avenue without properly vacating that roadway has effectively landlocked the Asher's property by unconstitutionally destroying their abutter's rights to Maine Avenue and Pacific Avenue. We note that the Staff Report recommends that the Planning Commission continue consideration of Agenda Item No. 2 to a future date uncertain. We agree with this recommendation and believe that further discussions and City actions are necessary to for the City to cure the many legal deficiencies of the Zocalo Civic Plaza project, many as outlined below. The City does not have the legal right to use condemned property for public -plaza and City - park purposes Many years ago, the City condemned a portion of what is now the Asher family's property for the purpose of widening the intersection of Maine Avenue and Pacific Avenue. The City never moved forward with expanding the intersection, and the condemned area remains in the same condition as it did prior to condemnation. The City is prohibited from using this condemned property for a public use other than the use designated in the condemnation unless and until the City adopts a resolution, after proper notice and other due process, authorizing a different use of the property. (Code Civ. Proc., § 1245.245, subd. (a).) Consolidation of the condemned parcel for the construction of a public plaza and park runs contrary to the public use on which the condemnation was based and would constitute a statutory violation by the City. Further, condemned property that is not utilized for the public use stated in the resolution of necessity within ten years of the adoption of the resolution of necessity is required to be offered back to the property owner absent a new resolution or a reauthorization resolution. (See Code Civ. Proc. § 1245.245, subd. (b); see also Rutgard v. City of Los Angeles (2020) 52 Cal.App.5th 815.) The City has failed to satisfy these requirements. The condemned property was never utilized for expansion of the intersection of Maine Avenue and Pacific Avenue within ten years of the adoption of the resolution of necessity that authorized the condemnation, and the City subsequently failed to offer the property back to the owner as required. By failing to comply with these mandatory statutory provisions, the City is in illegal possession of the condemned portion of the Asher family's property. The City has no legal right to consolidate this portion of land into the proposed Zocalo Civic Plaza project and must immediately make a statutory offer to sell the land. Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission June 27, 2023 Page 3 The City's current Specific Plan does not contemplate the closure of Maine Avenue, thus the City's demolition of Maine Avenue is inconsistent with the Specific Plan The Planning Commission must deny approval of a Tentative Parcel Map if it finds that the proposed map is not consistent with the City's General and Specific Plans (Gov. Code, § 66474, subd. (a).) The City's current Downtown Specific Plan (adopted on March 16, 2022) does not describe nor depict the Zocalo Civic Plaza at all and certainly does not mention the closure of Maine Avenue between Sterling Way and Pacific Avenue. The only part of the current Downtown Specific Plan that could even be reasonably construed to apply to the Zocalo Civic Plaza is a reference to a "renewed civic park." (2022 Downtown Specific Plan, p. 26.) However, the civic park is described as "the space in front of City Hall along Pacific Avenue," and there is no extension of the park depicted or described along the section of Maine Avenue (which has already been demolished by the City). In fact, the current Downtown Specific Plan identifies Maine Avenue as one of the "core streets" that supports transit in the Downtown Specific Plan area and is designated as a collector street. (Downtown Specific Plan, pp. 14, 15.) While, the Zocalo Civic Plaza is mentioned in an outdated version of the Downtown Specific Plan (February 2016), that old Specific Plan states that an environmental review is required: "In order to maximize usable space and allow a larger site, the portion of Maine Avenue between Sterling Way and Pacific Avenue could be closed, either fully or partially (one lane only). This may, however, cause impacts to vehicular circulation and will need to be studied further before the design is finalized." (2016.Downtown Specific Plan, p. 28.) This is further supported in the City's October 2015 Downtown Specific Plan Final Environment Impact Report, Mitigation Monitoring and Reporting Program that called on the City Planning and Engineering Departments to evaluate the loss of service to Maine Avenue and other traffic issues prior to approval of projects that would affect this intersection and roadway areas. (2015 EIR, MMRP, p. 52.) There is no record of the City's conducting the required analysis dictated in its own Specific Plan and Environmental Impact Report. The proposed Tentative Parcel Map is in no way consistent with the City's current Downtown Specific Plan and does not comport with the required studies required by earlier iterations of the Downtown Specific Plan. Thus, the Planning Commission must deny the Tentative Parcel Map. The Zocalo Civic Plaza project is not categorically exempt from CEQA review The Zocalo Civic Plaza project does not satisfy the elements for a Class 32 CEQA exemption, as the City's staff asserts in the staff report, and the City has admitted as much in the Downtown Specific Plan and previous public hearings. Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission June 27, 2023 Page 4 A project must meet five requirements to be characterized as an in -fill development under CEQA's Class 32 (Cal. Code Regs., tit. 14, § 15332). If any of the five requirements are not met, a project cannot be considered categorically exempt from CEQA review. One requirement is that "approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality." (Ibid.) Here, the destruction of a core street (Mane Avenue) will undoubtedly result in a significant impact to traffic. Specifically, to facilitate construction of the Zocalo Civic Plaza project, the City has already demolished a section of Maine Avenue, which in turn destroyed access to the intersection with Pacific Avenue and access to the Asher family's property. As previously mentioned, Maine Avenue is identified as one of the "core streets" that supports transit in the Downtown Specific Plan area and is designated as a "collector street." (2022 Downtown Specific Plan, pp. 14, 15.) Additionally, Mayor Pro-Tem Monica Garcia publicly stated that closing Maine Avenue will "significant[ly] impact the circulation of traffic." (October 19, 2022, City Council Hearing, at 1:55.) Any argument that the project is categorically exempt from CEQA review and would not "result in any significant effects relating to traffic" is disingenuous and runs contrary to the City's previous public assertions. Therefore, it would be improper for the City to consolidate the parcels and otherwise develop the project without proper CEQA review. The City has unconstitutionally destroyed the Asher's abutter's rights. Once a city has formally accepted a street as part of the public road system, the owners of property abutting the street gain specific property rights; namely, the abutting owners have the right of access over the street to and from their property. (Clay v. City of Los Angeles (1971) 21 Cal.App.3d 577, 581.) Once these abutter's rights are established, a city is obligated to maintain the access. And if a city damages, obstructs, or eliminates that access, the city must compensate the owner of the property. (Id. at p. 587.) Abutting property owners also have the right to: (1) maintain a view from the street so that travelers can see the property and thereby be induced to enter it to do business; (2) receive light and air from the public street; and (3) have the street space kept open so that signs on the lot are visible to those passing by. (Short Line Associates v. City and County of San Francisco (1978) 78 Cal.App.3d 50, 55.) The history of the property and the City's own planning documents clearly demonstrate that the Asher family had abutter's rights to both Maine Avenue and Pacific Avenue. There is no question that Maine Avenue and Pacific Avenue are part of the City's public road system. As noted above, the City identified Maine Avenue as a "core street" within the downtown area. (Downtown Specific Plan, p. 1.4.) Pacific Avenue is identified as a "core street" too. (Ibid.) There is also no question that the Asher family's property was abutting Maine Avenue and Pacific Avenue. There are two very clear and obvious driveways that connect the Asher family's Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission June 27, 2023 Page 5 property to the public road system: one that connects to Maine and one that connects to Pacific. Furthermore, while the City owned the land where the two driveways were located, the City's ownership of that land stemmed from an old condemnation action by which the City condemned the land in order to widen and extend Pacific Avenue, so the land is part of those streets. Because the condemnation was for roadway purposes, it did not eliminate any access rights related to the Asher's family property; instead, when the City altered the streets in the future, the Asher family's access would have been to the streets once altered and, until then, they have the right to access across the condemned right-of-way. Thus, the Asher family has abutter's rights in both Maine and Pacific Avenues that the City has illegally destroyed by commencing construction of the project. Conclusion There is no legal basis for the Planning Commission to approve the proposed Tentative Parcel Map. The City is attempting to illegally incorporate previously condemned land originally taken for intersection expansion into this park project, the City has completely disregarded its own Specific Plan, which is not consistent with the proposed Tentative Parcel Map, the City is falsely claiming that this project is categorically exempt from CEQA review, and the City has landlocked the Asher's property by unconstitutionally destroying their abutter's rights to Maine Avenue and Pacific Avenue. The City has already closed and demolished Maine Avenue, and any attempt to "vacate" the street through the adoption of a Tentative Parcel Map is a sham, a post -hoc justification that will not withstand judicial scrutiny. We agree with Staffs recommendation that the Planning Commission continue Agenda Item No. 2 to a future date. In the alternative, the Planning Commission must deny the Tentative Parcel Map (TPM 084199). Very truly yours, F K. Erik Friess KEF: slp cc: via email: Alexander N. Brand, Esq. (alexander.brand@bbklaw.com) Ron Garcia (rgarcia@baldwinpark.com) Attachment #10 Exhibit J, Letter of Opposition dated February 14, Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law Al amms 2010 Main Street, 8" Floor I Irvine, CA 92614-7214 Telephone: 949.553.1313 1 Facsimile: 949.553.8354 www.allenmatkins.com K. Erik Friess E-mail: rfriess@allenmatkins.com Direct Dial 9498515478 File Number: 393765.00001/4857-7660-3243.6 VIA ELECTRONIC MAIL February 14, 2024 City of Baldwin Park Planning Commission c/o Christopher Saenz, City Clerk 14403 East Pacific Avenue Baldwin Park, CA 91706 Email: csaenz@baldwinpark.com pc-comments@baldwinpark.com Re: Agenda Item No. 2 for the February 14, 2024, Planning Commission meeting: Objections to City of Baldwin Park's adoption of a tentative parcel map JPM 084199) Dear Planning Commissioners: The City of Baldwin Park should be ashamed. It has blatantly violated the law. And the City's violations of the law include taking the Asher family's property without required process, in violation of the United States and California Constitutions. As a result of these violations of the law, the City is embroiled in litigation, the City will soon have its park project shut down by court order, the City will have to pay the Asher family just compensation, and the City will have to reimburse the Asher Family for their substantial — and growing — attorneys' fees. Look outside City Hall, and you can see for yourselves that the City already has tractors rolling on the park project that you are just now being asked to approve — really to rubberstamp. The City's actions in illegally demolishing Maine Avenue have inversely condemned the Asher family's property, resulted in a public nuisance and a private nuisance, and qualify as a misdemeanor under Penal Code section 372. Do not sign on as accomplices to the City's existing violations of the law. And do not become direct perpetrators of still more City violations of the law by rubberstamping Agenda Item no. 2. Los Angeles I Orange County I San Diego I Century City ( San Francisco I New York Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission February 14, 2024 Page 2 More specifically, please accept this letter as a formal objection to the City of Baldwin Park's proposed adoption of a Tentative Parcel Map (TPM 084199) at the February 14, 2024, Planning Commission public hearing. The proposed adoption of TPM 084199 is a complete farce designed only to head -off a motion for preliminary injunction that this firm is preparing on behalf of the Asher family. The Asher family owns the properties located at 14402 Pacific Avenue and 14410 Pacific Avenue. We have been in contact with the City and its outside counsel since April 13, 2023, regarding the City's unconstitutional taking of the Asher's property rights and the City's improper attempts to vacate Maine Avenue in connection with the construction of the Zocalo Civic Plaza. As you may be aware, TPM 084199 was set to be considered at the June 28, 2023, Planning Commission hearing. Realizing that the Planning Commission could not lawfully approve TPM 084199, staff recommended that the agenda item be continued to a later date. Then when our firm recently informed the City's attorneys of our intent to file a motion for a preliminary injunction against the City related to this project, City staff rushed to place this agenda item before you in an attempt to use approval of TPM 084199 as a post hoc mechanism to "cure" the City's many prior violations of the law, including the City's failure to properly vacate Maine Avenue prior to demolition of the street. This will not work. As outlined more fully below, you cannot legally approve TPM 084199 including because: (1) TPM 084199 is inconsistent with the City's Specific Plan; (2) the permanent closure of Maine Avenue violates the Mitigation Measures the City is required to enforce pursuant to the 2016 TOD Downtown Specific Plan. EIR; and (3) any attempt to push through a post hoc ratification of the City's illegal actions will never survive judicial scrutiny. The State already audited the City regarding Zocalo Civic Plaza. The City must stop violating the law. In about 2014,.the City first contemplated construction of a public park and plaza near City Hall. And between 2014 and 2016, the City authorized over $500,000 in design services related to the project, but the City never approved a completed design let alone approved an actual park project, wasting the public's $500,000. This waste prompted Assembly member Blanca Rubio in 2017 to request that the State Controller's Office audit the City's handling of the project. Specifically, the Assembly member asked for an audit to determine: whether Baldwin Park city council members followed the proper channels of approval and protocol, or not, when spending City funds on a proposed development project ... During this process, there was a dispute among council members that the proper channels of approval were not followed and Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission February 14, 2024 Page 3 thus, the project was halted. The halting of this project has negatively affected the Baldwin Park community and taken away valuable land that could have been used for a public benefit. One week after Assemblywoman Rubio lodged her formal request for a state audit, the City — knowing it had violated the law — abandoned the park project in favor of a mixed -use development. In removing the park project from the public agenda, Councilmember Ricardo Pacheco explained that his motion to remove the item was "based on the County's Park Assessment which did not identify this site as a recommended location for a park." The State Controller's Office subsequently completed the requested audit of the City and issued its written findings in 2020. Notably, Finding #1 entitled "[e]xpenditures of over $500,000 on an engineering project that was discontinued" determined: The city did not explain why it developed plans for a park that the city could not afford to build or maintain. According to the city's budget books, its Park Fees (Quimby Act) Fund had a fund balance of only $73,529 at June 30, 2016, after incurring costs for the Civic Center Plaza project construction documents. Public resources should be committed only after careful planning, analysis, and consideration. Although the City had been caught red-handed violating the rules and planning laws, the City has continued to move forward with a park project in violation of the law. The City's current Specific Plan does not contemplate the closure of Maine Avenue, thus the City's demolition of Maine Avenue is inconsistent with the Specific Plan. After formally abandoning the project in 2017.to explore mixed -use development, the City began to again consider a public park and plaza adjacent to the Asher Family's properties in 2021. The City's Staff Report alleges that the City Council directed staff to move forward with the Zocalo Civic Plaza project at its February 2022 City Council meeting when the 2016 Downtown Transit Oriented Specific Plan was the controlling planning document. This is flatly false; consistent with this falsity, it is not reflected in the meeting minutes attached to the Staff Report. At the February 2022 meeting, the City Council approved only a professional services agreement with La Canada Design Group for "landscape, architectural, and engineering design services" for the Zocalo Civic Plaza. The City flatly did not approve an actual park project. Instead, in approving this professional services agreement, the City did not purport to approve the project itself, nor did it make any findings on the record that the project was consistent with the Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission February 14, 2024 Page 4 City's General Plan or Downtown Specific Plan. To date, no legislative body has made such determinations. Further, several members of the City Council warned against the closure of Maine Avenue at a subsequent City Council meeting in October 2022 (at which time the project was still not formally approved and the 2022 Downtown Specific Plan was the controlling planning document). For example, Mayor Pro-Tem Monica Garcia warned on the public record that the City had not fully considered the vacation of Maine Avenue and the resulting consequences, and that closing Maine Avenue would "significant[ly] impact the circulation of traffic." Likewise, former City Councilmember Paul Hernandez warned on the public record that they City had not done "any type of outreach" regarding the closure of Maine Avenue. As we pointed out in our June 2023 letter to the Planning Commission (a copy of which is enclosed), a tentative parcel map must be denied if the proposed map is not consistent with the City's General and Specific Plans (Gov. Code, § 66474, subd. (a).) The City's current Downtown Specific Plan (adopted on March 16, 2022) does not describe nor depict the Zocalo Civic Plaza and certainly does not mention the closure of Maine Avenue between Sterling Way and Pacific Avenue. The only part of the 2022 Downtown Specific Plan that could even be reasonably construed to apply to the Zocalo Civic Plaza is a reference to a "renewed civic park." (2022 Downtown Specific Plan, p. 26.) However, the civic park is described as "the space in front of City Hall along Pacific Avenue," and there is no extension of the park depicted or described along the section of Maine Avenue which has already been demolished by the City. In fact, the current Downtown Specific Plan identifies Maine Avenue as one of the "core streets" that supports transit in the Downtown Specific Plan area and is designated as a collector street. (Downtown Specific Plan, pp. 14, 15.) Regardless of when the City alleges the project was "approved," the substantial inconsistencies between this project and the current Downtown Specific Plan require a full Environmental Impact Report to assess their impact. In the language of the California Environmental Quality Act, these are "substantial changes [that] occur[red] in the circumstances under which the project is being undertaken that will require major revisions in the EIR." The permanent closure of Maine Avenue violates the Mitigation Measures the City is required to enforce pursuant to the 2016 TOD Downtown Specific Plan EIR. Even if the Planning Commission were to be convinced that the project was somehow approved before the adoption of the current Downtown Specific Plan (which it was not), the old 2016 Downtown Specific Plan states that an environmental review is required: "[i]n order to maximize usable space and allow a larger site, the portion of Maine Avenue between Sterling Way and Pacific Avenue could be closed, either fully or partially (one lane only). This may, however, Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission February 14, 2024 Page 5 cause impacts to vehicular circulation and will need to be studied further before the design is finalized." (2016 Downtown Specific Plan, p. 28.) To that end, the City's 2016 Downtown Specific Plan Final Environment Impact Report contemplates a partial vacation of Maine Avenue in connection with the Zocalo Civic Plaza, but imposes a Mitigation Monitoring and Reporting Program that the City is required to enforce pursuant to Public Resources Code section 21081.6 and CEQA Guidelines section 15097. Namely, Mitigation Measure TRAF-2 calls for the "conver[sion] of Maine Avenue between Pacific Avenue and Sterling Way to a one-way (westbound) only roadway. This shall be achieved by the relocating of Maine Avenue to be located along the rear of the commercial uses fronting Ramona Boulevard between Pacific Avenue and Sterling Way." Clearly, the Tentative Parcel Map at issue does not conform with this requirement. Rather, it proposes to fully vacate Maine Avenue and construct a narrow alley along the rear of Ramona Boulevard instead. Notwithstanding this required mitigation measure, the Staff Report attempts to offer an August 2022 Transportation Assessment as evidence that it has studied the closure of Maine Avenue as required by the 2016 Downtown Specific Plan. But, by the City's own purported timeline, this assessment would have been delivered to the City six months after it claims to have approved the Zocalo Civic Plaza at the February 2022 City Council meeting. In making this claim, the City is not even pretending to have followed the law. Now, the Staff Report asks the Planning Commission to bestow "approval" of its actions by making a finding that "pursuant to Public resources Code section 2116 and CEQA Guidelines section 15162, the Project was analyzed by the 2016 TOD Downtown Specific Plan EIR (Exhibit C) and Addendum to the 2016 TOD Downtown Specific Plan EIR (Exhibit D), as well as the Transportation Assessment (Exhibit E) that was prepared for the Project and that no further environmental review is necessary." If you rubberstamp this, you will be lying. As detailed above, the City has not complied with the 2016 Downtown Specific Plan Final EIR's Mitigation Monitoring and Reporting Program required by CEQA, and the City did not consider the Transportation Assessment before plowing ahead with this project. The Zocalo Civic Plaza was never formally approved by the City and any attempt to push through a post hoc ratification of the City's illegal actions will not sustain judicial scrutiny. At this stage, any attempts to cure the litany of deficiencies relating to this park project will not hold up in court. Construction of the Zocalo Civic Plaza has been underway for over a year, during which time Maine Avenue was completely demolished, as depicted on the following page. Instead of seeking approval for TPM 084199 before beginning construction and before demolishing Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission February 14, 2024 Page 6 a public street, the City waited until it was faced with a preliminary injunction to seek a rubberstamp from you. Again, the City never formally approved the Zocalo Civic Plaza, did not vacate Maine Avenue pursuant to Streets and Highways Code section 8300 et seq, before demolishing the street, has not enforced Mitigation Measure TRAF-2 as required by 2016 Downtown Specific Plan Final EIR, and did not consider its own Transportation Assessment before moving ahead with the project. Instead, the City is asking the Planning Commission to help lie to the public. It is too late for the Planning Commission to make the determinations that the Staff Report requests. As the California Supreme Court stated in Save Tara v. City of West Hollywood (2008) 45 CalAth 1.16, 129 "if postapproval environmental review were allowed, EIR's would likely become nothing more than post hoc rationalizations to support action already taken." Conclusion. The Planning Commission cannot legally approve the proposed Tentative Parcel Map. The City has already closed and demolished Maine Avenue, and any attempt to "vacate" the street through the adoption of a Tentative Parcel Map is a sham, post hoc justification that will not Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission February 14, 2024 Page 7 withstand judicial scrutiny. Commissioners do not make yourselves law breakers; and do not rubberstamp the City's past lawbreaking; deny Tentative Parcel Map (TPM 084199). Very truly yours, K. Erik Friess KEF: slp Enclosure cc: via email: Mark Easter, Esq. (mark.easter@bbklaw.com) Alexander Brand, Esq. (alexander.brand@bbklaw.com) Henry Andriano (henry. andriano@bbklaw.com) Ron Garcia (rgarcia@baldwinpark.com) Allen Matkins Leck Gamble Mallory & Natsis LLP A' Hen Matkins Attorneys at Law 2010 Main Street, 8t' Floor I Irvine, CA 92614-7214 Telephone: 949.553.1313 1 Facsimile: 949.553.8354 www.allenmatkins.com K. Erik Friess E-mail: rfriess@allenmatkins.com Direct Dial: 9498515478 File Number: 393765.00001/4857-7660-3243.4 VIA ELECTRONIC MAIL June 27, 2023 City of Baldwin Park Planning Commission c/o Christopher Saenz, City Clerk 14403 East Pacific Avenue Baldwin Park, CA 91706 Email: csaenz@baldwinpark.com Re: Agenda Item No. 2 for the June 28, 2023, Planning Commission meeting: Objections to City of Baldwin Park's adoption of a tentative parcel map (TPM 084199) Dear Planning Commissioners: This firm represents the Asher family, who are owners of the property located at 14402 Pacific Avenue (held under the legal entity 14418 Pacific Avenue LLC). And this letter is a formal objection to the City of Baldwin Park's proposed adoption of a Tentative Parcel Map (TPM 084199) at the June 28, 2023, Planning Commission public hearing, Agenda Item No. 2. We have been in contact with the City and its outside counsel since April 13, 2023, regarding the City's unconstitutional taking of the Asher's property and the City's improper attempts to vacate Maine Avenue in connection with the construction of the Zocalo Civic Plaza. As you are aware, the City demolished Maine Avenue in furtherance of the Zocalo Civic Plaza project without first making any of the required findings to support such a drastic action, without complying with the street -vacation procedures and requirements set forth in the California Streets and Highways Code, and without complying with other laws. We have raised these concerns in multiple letters that were previously sent to the City in connection with its approval of the Zocalo Civic Plaza. The City has, to date, failed to reverse course and to remedy these violations of law. It now appears that the City is attempting to use approval of Tentative Parcel Map No. 084199 as a post -hoc mechanism to "cure" the City's prior violations, including its failure to properly vacate Maine Avenue prior to its demolition. This will not work. As outlined more fully below, TPM 084199 should not — and cannot — be approved by your body nor the City Council for the following reasons: (1) the approval of TPM 084199 would illegally incorporate previously condemned land originally taken for intersection expansion into this Los Angeles ( Orange County ( San Diego I Century City I San Francisco Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission June 27, 2023 Page 2 park project; (2) TPM 084199 is inconsistent with the City's Specific Plan governing development on the property; (3) the approval of TPM 084199 is not categorically exempt from review under CEQA; and (4) the City's actions in demolishing Maine Avenue without properly vacating that roadway has effectively landlocked the Asher's property by unconstitutionally destroying their abutter's rights to Maine Avenue and Pacific Avenue. We note that the Staff Report recommends that the Planning Commission continue consideration of Agenda Item No. 2 to a future date uncertain. We agree with this recommendation and believe that further discussions and City actions are necessary to for the City to cure the many legal deficiencies of the Zocalo Civic Plaza project, many as outlined below. The City does not have the legal right to use condemned property for public -plaza and City - park purposes Many years ago, the City condemned a portion of what is now the Asher family's property for the purpose of widening the intersection of Maine Avenue and Pacific Avenue. The City never moved forward with expanding the intersection, and the condemned area remains in the same condition as it did prior to condemnation. The City is prohibited from using this condemned property for a public use other than the use designated in the condemnation unless and until the City adopts a resolution, after proper notice and other due process, authorizing a different use of the property. (Code Civ. Proc., § 1245.245, subd. (a).) Consolidation of the condemned parcel for the construction of a public plaza and park runs contrary to the public use on which the condemnation was based and would constitute a statutory violation by the City. Further, condemned property that is not utilized for the public use stated in the resolution of necessity within ten years of the adoption of the resolution of necessity is required to be offered back to the property owner absent a new resolution or a reauthorization resolution. (See Code Civ. Proc. § 1245.245, subd. (b); see also Rutgard v. City of Los Angeles (2020) 52 Cal.App.5th 815.) The City has failed to satisfy these requirements. The condemned property was never utilized for expansion of the intersection of Maine Avenue and Pacific Avenue within ten years of the adoption of the resolution of necessity that authorized the condemnation, and the City subsequently failed to offer the property back to the owner as required. By failing to comply with these mandatory statutory provisions, the City is in illegal possession of the condemned portion of the Asher family's property. The City has no legal right to consolidate this portion of land into the proposed Zocalo Civic Plaza project and must immediately make a statutory offer to sell the land. Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission June 27, 2023 Page 3 The City's current Specific Plan does not contemplate the closure of Maine Avenue, thus the City's demolition of Maine Avenue is inconsistent with the Specific Plan The Planning Commission must deny approval of a Tentative Parcel Map if it finds that the proposed map is not consistent with the City's General and Specific Plans (Gov. Code, § 66474, subd. (a).) The City's current Downtown Specific Plan (adopted on March 16, 2022) does not describe nor depict the Zocalo Civic Plaza at all and certainly does not mention the closure of Maine Avenue between Sterling Way and Pacific Avenue. The only part of the current Downtown Specific Plan that could even be reasonably construed to apply to the Zocalo Civic Plaza is a reference to a "renewed civic park." (2022 Downtown Specific Plan, p. 26.) However, the civic park is described as "the space in front of City Hall along Pacific Avenue," and there is no extension of the park depicted or described along the section of Maine Avenue (which has already been demolished by the City). In fact, the current Downtown Specific Plan identifies Maine Avenue as one of the "core streets" that supports transit in the Downtown Specific Plan area and is designated as a collector street. (Downtown Specific Plan, pp. 14, 15.) While, the Zocalo Civic Plaza is mentioned in an outdated version of the Downtown Specific Plan (February 2016), that old Specific Plan states that an environmental review is required: "In order to maximize usable space and allow a larger site, the portion of Maine Avenue between Sterling Way and Pacific Avenue could be closed, either fully or partially (one lane only). This may, however, cause impacts to vehicular circulation and will need to be studied further before the design is finalized." (2016.Downtown Specific Plan, p. 28.) This is further supported in the City's October 2015 Downtown Specific Plan Final Environment Impact Report, Mitigation Monitoring and Reporting Program that called on the City Planning and Engineering Departments to evaluate the loss of service to Maine Avenue and other traffic issues prior to approval of projects that would affect this intersection and roadway areas. (2015 EIR, MMRP, p. 52.) There is no record of the City's conducting the required analysis dictated in its own Specific Plan and Environmental Impact Report. The proposed Tentative Parcel Map is in no way consistent with the City's current Downtown Specific Plan and does not comport with the required studies required by earlier iterations of the Downtown Specific Plan. Thus, the Planning Commission must deny the Tentative Parcel Map. The Zocalo Civic Plaza project is not categorically exempt from CEQA review The Zocalo Civic Plaza project does not satisfy the elements for a Class 32 CEQA exemption, as the City's staff asserts in the staff report, and the City has admitted as much in the Downtown Specific Plan and previous public hearings. Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission June 27, 2023 Page 4 A project must meet five requirements to be characterized as an in -fill development under CEQA's Class 32 (Cal. Code Regs., tit. 14, § 15332). If any of the five requirements are not met, a project cannot be considered categorically exempt from CEQA review. One requirement is that "approval of the project would not result in any significant effects relating to traffic, noise, air quality, or water quality." (Ibid.) Here, the destruction of a core street (Mane Avenue) will undoubtedly result in a significant impact to traffic. Specifically, to facilitate construction of the Zocalo Civic Plaza project, the City has already demolished a section of Maine Avenue, which in turn destroyed access to the intersection with Pacific Avenue and access to the Asher family's property. As previously mentioned, Maine Avenue is identified as one of the "core streets" that supports transit in the Downtown Specific Plan area and is designated as a "collector street." (2022 Downtown Specific Plan, pp. 14, 15.) Additionally, Mayor Pro -Tern Monica Garcia publicly stated that closing Maine Avenue will "significant[ly] impact the circulation of traffic." (October 19, 2022, City Council Hearing, at 1:55.) Any argument that the project is categorically exempt from CEQA review and would not "result in any significant effects relating to traffic" is disingenuous and runs contrary to the City's previous public assertions. Therefore, it would be improper for the City to consolidate the parcels and otherwise develop the project without proper CEQA review. The City has unconstitutionally destroyed the Asher's abutter's rights. Once a city has formally accepted a street as part of the public road system, the owners of property abutting the street gain specific property rights; namely, the abutting owners have the right of access over the street to and from their property. (Clay v. City of Los Angeles (1971) 21 Cal.App.3d 577, 581.) Once these abutter's rights are established, a city is obligated to maintain the access. And if a city damages, obstructs, or eliminates that access, the city must compensate the owner of the property. (Id. at p. 587.) Abutting property owners also have the right to: (1) maintain a view from the street so that travelers can see the property and thereby be induced to enter it to do business; (2) receive light and air from the public street; and (3) have the street space kept open so that signs on the lot are visible to those passing by. (Short Line Associates v. City and County of San Francisco (1978) 78 Cal.App.3d 50, 55.) The history of the property and the City's own planning documents clearly demonstrate that the Asher family had abutter's rights to both Maine Avenue and Pacific Avenue. There is no question that Maine Avenue and Pacific Avenue are part of the City's public road system. As noted above, the City identified Maine Avenue as a "core street" within the downtown area. (Downtown Specific Plan, p. 1.4.) Pacific Avenue is identified as a "core street" too. (Ibid.) There is also no question that the Asher family's property was abutting Maine Avenue and Pacific Avenue. There are two very clear and obvious driveways that connect the Asher family's Allen Matkins Leck Gamble Mallory & Natsis LLP Attorneys at Law City of Baldwin Park Planning Commission June 27, 2023 Page 5 property to the public road system: one that connects to Maine and one that connects to Pacific. Furthermore, while the City owned the land where the two driveways were located, the City's ownership of that land stemmed from an old condemnation action by which the City condemned the land in order to widen and extend Pacific Avenue, so the land is part of those streets. Because the condemnation was for roadway purposes, it did not eliminate any access rights related to the Asher's family property; instead, when the City altered the streets in the future, the Asher family's access would have been to the streets once altered and, until then, they have the right to access across the condemned right-of-way. Thus, the Asher family has abutter's rights in both Maine and Pacific Avenues that the City has illegally destroyed by commencing construction of the project. Conclusion There is no legal basis for the Planning Commission to approve the proposed Tentative Parcel Map. The City is attempting to illegally incorporate previously condemned land originally taken for intersection expansion into this park project, the City has completely disregarded its own Specific Plan, which is not consistent with the proposed Tentative Parcel Map, the City is falsely claiming that this project is categorically exempt from CEQA review, and the City has landlocked the Asher's property by unconstitutionally destroying their abutter's rights to Maine Avenue and Pacific Avenue. The City has already closed and demolished Maine Avenue, and any attempt to "vacate" the street through the adoption of a Tentative Parcel Map is a sham, a post -hoc justification that will not withstand judicial scrutiny. We agree with Staffs recommendation that the Planning Commission continue Agenda Item No. 2 to a future date. In the alternative, the Planning Commission must deny the Tentative Parcel Map (TPM 084199). Very truly yours, F K. Erik Friess KEF: slp cc: via email: Alexander N. Brand, Esq. (alexander.brand@bbklaw.com) Ron Garcia (rgarcia@baldwinpark.com) Attachment #11 Exhibit K, Review of Prior Public Comments Consideration of the Proposed Tentative Parcel Map was continued from prior Planning Commission meeting dates. The Commission was provided with letters from interested parties providing comments about the Map and Project. The following summarizes and responds to some of the major issues identified in those comment letters. The proposed plaza incorporates land owned by the City, the City Redevelopment Successor Agency, and the School district. No land from private entities are necessary for the creation of this plaza or the approval of the proposed Tentative Parcel Map. A concern has been raised by a private property owner to the south of the proposed plaza that the project will infringe upon his rights as an abutting property owner (see Exhibit I). The proposed southerly property boundary will incorporate a City -owned parking area to the north of the office building located at 14402 Pacific Avenue, but the project will not sever this private property from the public right of way as illustrated below. The existing southerly driveway on that property will retain street access for the property. PAST STREET VACATION In the 1950s, a segment of Pacific Avenue ran through the project site and connected the current Pacific Avenue with Sterling Way and then on to :Ramona :Boulevard. Sometime in the 1950s or 1960s this section of road was vacated and the City developed this area with public parking. The property owner of 14402 Pacific Avenue states in his letter (Exhibit I) that the City was required by law to offer to sell back the land that was taken for street purposes but allegedly was not used for that reason. Even if the property owner's position was correct, and the City disagrees with that position, the City examined the claim made in this letter and discovered that the law cited in Exhibit E does not apply since it was passed in the 1970s, which was after the condemnation occurred. Therefore, the City is under no obligation to offer to sell the land back to the property owner of 14402 :Pacific Avenue. CURRENT STREET VACATION The proposed project includes a segment of Maine Street that extends from Sterling Way to Pacific Avenue. This portion of the street has been closed in preparation of the development of the site since January 2023 and is currently fenced off. The owner of 14402 Pacific Avenue states in his letter (Exhibit I) that the City cannot close the street without first vacating it through a public hearing process. This is not the case. As noted in the staff report, the City intends to vacate/abandon the street as part of the Final .Map, which is a lawful practice. Impact of 2020 State Controller's Audit A member of the public submitted a letter to the City in February 2024 arguing that a prior audit of City finances should prevent the City from adopting the tentative map now ("February Letter", Exhibit J)._The February Letter claims that the City must cease the construction of the Project in response to a California State Controller's Office audit from 2020. The State Controller's Office investigated the authorization of approximately $500,000 in design services from La Canada Design Group related to the :Project. However, the City fully cooperated with the audit which is now complete. Notably, the services obtained from La Canada Design Group in 2014 resulted in the creation of a "shovel -ready" project using fundamentally the same design as the instant Project. The City has also identified proper contemporary funding to proceed with this long -pending "shovel -ready" Project. Furthermore, the decision to halt the Project in 2016 was based on the lawful decisions by the then -sitting governmental body comprising City of Baldwin Park City Council. The City Council as it is now constituted chooses to proceed with the "shovel ready" Project. The audit does not prevent the Planning Commission from adopting the tentative parcel map nor did the audit make a finding that the City previously violated the law or that it could not proceed with the project. Compliance with City's General Plan and Downtown Specific Plan The February Letter claims that the Project violates Government Code §66474(a) because it does not depict and is therefore allegedly inconsistent with City's General Plan and 2022 Downtown Specific Plan. The Project is consistent with the General Plan, which seeks to utilize open spaces for the development of new parks and recreational facilities. (City of Baldwin Park 2020 General Plan - Open Space and Conservation Element, Goal 1.0; :Policy 1.2) Additionally, Policies and Actions for achieving the 2022 Specific Plan goals are consistent and compatible with the development of the Project. Notably, project consistency is supported by the 2022 Downtown Specific Plan's objectives, policies, general land uses, and programs in the following ways: Policy — P 1.1: " Expand and maintain an enhanced, interconnected system of public parks, trails and open space in Downtown area." Actions — • Al. 1a: " Introduce additional public spaces, such as promenade, neighborhood and pocket parks, plazas, and parklets on public land." • Al.lb: " Enhance and connect public parks, open spaces and trails serving residents and visitors, connecting existing parks and the other Downtown assets through paseos, promenades, trails, and enhanced sidewalks." • Al. Ie: "Allow parklets on streets to provide visual interest and expand the useable area of the sidewalk." Policy — P1.6: "Expand the inventory of publicly accessible community gathering spaces so that businesses and residents are within a short walking distance of a park or recreational area." Actions — 2 • A1.6b: "Allow parklets on streets to provide visual interest and expand the useable area of the sidewalk." Policy — P2.13: "Expand places and spaces where community events and festivals can occur." • Actions — A2.13a: "Develop the Promenade and Paseos and various parks and open spaces in the Downtown area." Policy — P3.8: "Create well -designed spaces for a high -quality user experience for all modes." Actions — • A3.8a: "Provide streetscapes and public realms that provide safe and convenient routes for walking and biking." • A3.8d: " Reduce block lengths for shorter walking and biking distances." • A3.8e: "Provide a diverse mix of uses that includes housing, employment, retail, and public spaces to create a vibrant urban environment • A3.8f: " Incorporate pedestrian and bicycle safety into plans, programs, and designs." • A3.8g: " Incorporate designs that remove barriers to pedestrians, bicyclists, and persons with mobility limitation, connecting sidewalks to bus stops and pathways that do not require passing through parking areas or driveways." The Policies and Actions identified within the 2022 Downtown Specific Plan are consistent with the Project in several specific ways. For example, the 2022 Downtown Specific Plan calls for the expansion of public parks and open space in the Downtown area. (2022 Downtown Specific Plan, Policy 1.1) The Policy is furthered by introducing additional public spaces and plazas on public land. (Action 1.1 a.) The :Policy is further complimented by Actions calling for the enhancement of open spaces connecting downtown assets through open spaces and enhanced sidewalks Project (Action l.lb), and by allowing parklets on streets to provide visual interest and expand the useable area of sidewalks. (Action 1.1 e). As noted above, the Project is consistent with the 2022 Downtown Specific Plan in other key aspects, including based on the policy of expanding publicly accessible community gathering spaces (Policy 1.6), expanding places where community events and festivals can occur (Policy 2.13), and well -designed spaces for all modes of accessibility (Policy 3.8.) As noted in the February Letter, the 2022 Downtown Specific Plan also specifies the development of a "Renewed Civic Park" and contemplates the development of Public Open Spaces as part of a goal in creating a dynamic downtown. Moreover, the 2016 Downtown Specific Plan specifically called for the construction of the community park. The General Plan and the 2022 Downtown Specific Plan are also mutually consistent. (2022 Downtown Specific Plan at p. 23.) Although the Letter claims that Maine Avenue is part of the Downtown "Core", the 2022 Downtown Specific :Plan more precisely identifies the "Core" at a section of Maine Avenue different from where the Claimants' businesses are located. (Id. at p. 34. ["The Downtown Core is the intersection of Ramona Boulevard and Maine Avenue..."]) The Project is, therefore, not inconsistent with 2022 Downtown Specific Plan. Great deference is accorded to a local governmental agency's determination of consistency. (Save Our Peninsula v. Monterey County Board of Supervisors (2001) 87 Cal.AppAth 99, 142.) A project must be consistent with the specific plan and is consistent if, in all its aspects, the project furthers the objectives of the plan and does not obstruct its attainment. (Sierra Club v. County of Napa (2004) 121 Cal.AppAth 1490, 1509.) (Save Our Peninsula v. Monterey County Board of Supervisors (2001) 87 Cal.AppAth 99, 142. As demonstrated above, substantial evidence supports a finding that that the Project harmonizes, is in agreement, and is consistent with the 2022 Downtown Specific Plan's goals and policies. 3 Compliance with 2016 Downtown Transit -Oriented Development Specific Plan The February Letter claims that the Project is inconsistent with the February 2016 Downtown Transit -Oriented Development Specific Plan. The February 2016 Specific Plan clearly identifies the development of a civic park "[a]cross Maine Avenue with direct links and views to City Hall will allow City Hall to be better connected, both physically and visually, to the surrounding Downtown area." (2016 Downtown Specific Plan, pp. 27-28.) The civic park described also contemplated that the "[p]ortion of Maine Avenue between Sterling Way and Pacific Avenue could be closed, either fully or partially (one lane only). This may, however, cause impacts to vehicular circulation and will need to be studied further before the design is finalized." (Ibid.) The Letter claims that the City did not follow through with studying vehicle circulation prior to breaking ground on the Park project. However, records from the October 27, 2015 City Council meeting related to the 2016 Specific Plan's FEIR refute this claim and show that mitigation measure TRAF-2 was assessed as part of the traffic study therein. 51 Attachment #12 Exhibit L, Review of Appellant's Arguments REVIEW OF CERTAIN ARGUMENTS RAISED BY APPELLANT In addition to challenging the required findings for adoption of the tentative parcel map, Appellant raises other arguments that do not directly address the necessary findings. The City provides it response to those arguments in this Exhibit. RESPONSE TO ABUTTER'S RIGHTS The proposed plaza incorporates land owned by the City and the City Redevelopment Successor Agency. No land from private entities are necessary for the creation of this plaza or the approval of the proposed Tentative Parcel Map. A concern has been raised by the Appellant who is a private property owner to the south of the proposed plaza that the project will infringe upon his rights as an abutting property owner (see Exhibit I). The proposed southerly property boundary will incorporate a City -owned parking area to the north of the office building located at 14402 Pacific Avenue, but the project will not sever this private property from the public right of way as illustrated below. The existing southerly driveway on that property will retain street access for the property. The Appellant claims it has abutter's rights to Maine and Pacific Avenues. The City disagrees. Appellant's property did not front any public street. It was other public property that fronted the public street. In order to have abutter's rights, Appellant's property must directly abut a public street and here it did not. Additionally, the highly edited images of documents submitted by Appellant do not conclusively show that it has abutter's rights. For example, the phrase highlighted form the 1928 judgment does not say anything one way or the other on if abutter's rights were extinguished. Moreover, even if Appellant had abutter's rights, the City is not taking those rights. To the extent Appellant feels it's abutter's rights have been unreasonably and substantially impaired, Appellant's recourse is to file a claim for inverse condemnation which it has done. Whether Appellant has abutter's rights and if they have been harmed is a legal issue for the court to determine. RESPONSE TO GOVERNMENT CODE SECTION 65402 COMPLIANCE Appellant claims that the City has violated Government Code section 65402 because it allegedly vacated the street without complying with the statutory requirements. This is incorrect. This process that the City is going through now is the vary required process to proceed with a street vacation. Whether a street has been vacated or abandoned is a legal act that requires Council action. Staff cannot vacate or abandon a street on their own. Furthermore, there is not statutory requirement specifying a time for the street vacation to occur. The process the City has started to vacate the street through the adoption of this parcel map is the process required to vacate the street. RESPONSE TO CEQA ARGUMENT Appellant raises three CEQA claims in its appeal regarding the Tentative Parcel Map: 1. Appellant claims the City failed to prepare an environmental impact report for the .Tentative Parcel Map. Once an EIR has been certified, "CEQA prohibits the agency from preparing further EIRs" unless substantial project changes require major revisions to the EIR, or new information reveals a new significant impact, substantial increase in the severity of a previously identified significant impact, or a mitigation measure or alternative that the project proponent declines to adopt. (Committee for Re -Evaluation of the T-Line Loop v. San Francisco Mun. Transp. Agency (2016) 6 Ca1.App.5th 1237, 1246, citing to :PRC, § 21166, emphasis added; see also CEQA Guidelines, § 15162, subd. (a)•) As stated in the attached Staff Report, the Tentative Parcel Map falls within the scope of the certified 2016 TOD Downtown Specific :Plan EIR (State Clearinghouse No. 2014121098)and the adopted Addendum because the Zocalo Civic Plaza Park (also referred to as the Arts Park or Civic Park) was analyzed in these environmental documents. (See, e.g., 2016 TOD Downtown Specific Plan Draft EIR, p. 2-11, 2-15; Addendum, p. 4.) Therefore, no further environmental review is required because none of the conditions in Public Resources Code Section 21166 and/or State CEQA Guidelines Section 15162 is triggered by the approval of the Tentative Parcel Map. Based on this finding, the City was not required to prepare an environmental impact report for the Tentative Parcel Map. 2. Appellant claims that the Zocalo Park & Civic Center Plaza Project was approved Before CEQA review was completed. This was not the case and the appeal letter conflates the timeline of events. Since the Zocalo Park & Civic Center Plaza Project was specifically contemplated in the 2016 Downtown Specific Plan and was analyzed in the 2016 Downtown Specific Plan EIR and 2022 Addendum, the certification of this EIR and Addendum and the approval of the Downtown Specific Plan also constituted approval of this project. As often is the case with projects such as this Specific Plan, which is a planning document that contemplates future development, lead agencies need to take several further discretionary approvals after the initial approval in order to implement the project (here, the Specific Plan). The approval of the design contract in February 2022 did not change any aspect of the Specific Plan or the Zocalo Park & Civic Center Plaza Project. Instead, taking action on this design contract was simply the next, incremental, discretionary step the City took in order to implement the approved Specific Plan. Therefore, approval of the design contract in February 2022 merely constituted furtherance of the already approved Zocalo Park & Civic Center Plaza Project pursuant to the 2016 Downtown Specific Plan EI.R and 2022 Addendum. 3. Appellant claims that the permanent closure of Maine Avenue violates the mitigation measure, TRAF-2, found in both the 2016 Downtown Specific Plan EIR and 2022 Addendum. According to the 2016 Downtown Specific Plan EIR and 2022 Addendum's Mitigation, Monitoring and Reporting Program, TRAF-2 states: "Intersection No. 1: Convert Maine Avenue between Pacific Avenue and Sterling Way to a one way (westbound) only roadway. This shall be achieved by the relocating of Maine Avenue to be located along the rear of the commercial uses fronting on Ramona Boulevard between Pacific Avenue and Sterling Way." Per TRAF-2, the City's Planning and Engineering Departments were to "evaluate intersections LOS and other traffic issues prior to approval of projects that would affect this intersection and roadway areas . . . when needed due to traffic volumes." Appellant's claim is unfounded. No portion of Maine Avenue will be closed. Rather, as stated in mitigation measure TRAF-2, Maine Avenue will be relocated to an alley way along the rear of the commercial uses fronting on Ramona Boulevard. A driver will be able to enter the alley from Maine Avenue and drive all the way across to exit onto Pacific Avenue. Further, a traffic study was completed in August 2023 to analyze the impacts of this relocation. The traffic study found that the tentative parcel Map would not have new significant traffic and parking impacts outside the purview of the 2016 Downtown Specific Plan and 2022 Addendum. Therefore, the City is in compliance with mitigation measure TRAF-2. Attachment #13 Exhibit M, City Council Resolution 24-13 RESOLUTION 2024-13 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DENYING THE APPEAL AND AFFIRMING THE PLANNING COMMISSION'S APPROVAL OF A TENTATIVE PARCEL MAP TO CONSOLIDATE FIVE (5) LOTS, VACATED STREET RIGHT-OF-WAY, AND A CITY PARKING LOT INTO ONE (1) 92,680 SQUARE FOOT LOT FOR THE DEVELOPMENT OF THE ZOCALO CIVIC PLAZA PROJECT LOCATED AT THE NORTHWEST INTERSECTION OF MAINE AVENUE AND PACIFIC AVENUE AND EXTENDS SOUTH OF MAINE STREET; (APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER TPM 84199) THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: WHEREAS, On February 16, 2022, Council to proceed with the development northwest intersection of Maine Avenue and Street; and City Staff received direction from the City of a public plaza (Project) located at the Pacific Avenue and extends south of Maine WHEREAS, The City, acting as the applicant, prepared a Tentative Parcel Map to consolidate five (5) lots, vacated street right-of-way, and a City parking lot into one (1) 92,680 square foot lot for the development of the Zocalo Civic Plaza; and WHEREAS, That a duly noticed public hearing was held on February 14, 2024 on said Project by the Planning Commission, and the project was continued to a date certain on March 27, 2024; and WHEREAS, That a duly noticed public hearing was held on March 27, 2024 on said Project by the Planning Commission, and based upon evidence presented including applicable staff report 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 Project is present and the approved the Project; and WHEREAS, The Planning Commission's decision to approve the project was also based on the fact that the proposed Project was analyzed by the 2016 TOD Downtown Specific Plan EIR and Addendum as well as the traffic analysis prepared for this project and pursuant to the California Environmental Quality Act (CEQA) Section 151692 and Resolution 2024-13 May 15, 2024 Page 2 Public Resources Code Section 21166, no further environmental review is necessary since none of the conditions that would trigger further environmental review are present; and WHEREAS, On April 4, 2024, a member of the public submitted a complete and timely appeal of the Planning Commission's decision to the City Clerk of the City of Baldwin Park; and WHEREAS, A duly noticed public hearing was held on said Application by the City Council on May 15, 2024. The City Council, after reviewing the Staff Report, Administrative Record, Appeal, and considering oral evidence during said public hearing, found that there are requisite findings to approve the tentative parcel map; and NOW, THEREFORE, BE IT RESOLVED AS FOLLOWS: SECTION 2. Based upon the evidence presented, the City Council hereby finds and determines that each fact set forth in the recitals above is true and correct. SECTION 3. That the City Council does hereby adopt the following requirements and findings applicable to the approval of the Tentative Parcel Map. 1. Adequate systems designed and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications telephone services. The project has been designed to provide all the necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications service. All conditions from outside agencies and utility companies shall be met or provided for prior to finalizing the tentative parcel map. 2. An adequate domestic water distribution system designed and constructed to service each lot proposed to be created. Valley County Water District is the purveyor in the area and water would be provided to the subject property by Valley County Water District. 3. An adequate sewage system designed and constructed to serve each lot proposed to be created. The proposed project shall comply with any conditions of approval as imposed by the Sanitation District of Los Angeles County prior to approval of the final map by the City of Baldwin Park. Resolution 2024-13 May 15, 2024 Page 3 4. An adequate storm water drainage system designed and constructed to serve each lot proposed to be created. The Public Works Department have designed the site to include the construction of storm drains to address stormwater in the area. 5. An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created. The site will be served by Sterling Way and Maine Avenue to the west and Pacific Avenue to the east. A drive aisle with parking will be created on the north side of the parking area between Sterling Way and Pacific Avenue to allow for one-way vehicular access from the west. A traffic study was prepared on August 18, 2022 date by the City to examine the potential impact to vehicular traffic associated with the closing of the segment on Maine Avenue between Sterling Way and Pacific Avenue (see Exhibit E). The report concluded that no significant impacts to the surrounding areas would occur with the closing of this segment of road. 6. An adequate traffic regulatory system, including necessary traffic signals, signs, and pavement markings and striping. The Project scope entails the closure of a portion of Maine Avenue and minor adjustments to the roads connecting to the Project site will be necessary to create a seamless transition. A new one-way alley will be created along the northern edge of the Project and this alley will be complete with new traffic signs, striping and pavement markings. 7. The undergrounding of utilities pursuant to Chapter 97, part 2 (Underground Utility District) of the Municipal Code. Pursuant to Chapter 97 of the City's Municipal Code all new utilities to the subject property shall be undergrounded. This requirement is also addressed as part of the overall plan check requirements and review of the final map. 8. Any and all other improvements found necessary by the City to provide all services to each lot proposed to be created. The proposed Tentative Parcel Map is consistent with the City's codes and will receive adequate utility service when built as designed. 9. In addition to the improvements as required by the City's Municipal Code and Departments, there are also design requirements for the proposed tentative parcel map that need to be met. Pursuant to Section Resolution 2024-13 May 15, 2024 Page 4 152.12 of the City's Municipal Code, the design of the subdivision shall conform to the requirements of this Chapter 152, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning district per the Zoning Code, the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the City, including, but not limited to, plans for grading and erosion control. The Planning Division has reviewed the proposed subdivision of the proposed lot meets the minimum development standards contained within the Municipal (Zoning) Code, including, setbacks, density, and height. Additionally the tentative parcel map is consistent with Goal 2.0 of the Land Use Element of the General Plan which states "accommodate new development that is compatible with and compliments existing conforming land uses" as the proposed parcels meet the existing development standards contained in the Code. 10. The design or improvement of the proposed subdivision is consistent with applicable general and specific plans. The project is also consistent with the City's General Plan. The designated land use for the site is Mixed -Use and the proposed open space use of the site is allowed by -right for lots with this land use designation. Furthermore, the project is consistent the policies in the General Plan to create pedestrian spaces in the downtown that connect to the City Hall courtyard and have the potential to support businesses that support pedestrianism such as outdoor cafes and flower shops. The design of the civic plaza is in accordance with the 2016 Specific Plan, which is the Specific Plan that was in place at the time of the project's approval. The land use, circulation surrounding the site, improvements to the site are all in compliance with that plan. The proposed use is civic plaza, which is an open space use that was contemplated by the 2016 Specific Plan. The Specific Plan called for new open space areas within the downtown area to improve pedestrian activity and improve destination appeal. The proposed circulation is consistent with the 2016 Specific Plan. There will be an alley and site parking at the northern edge of the site to support vehicle access. Parking and traffic were analyzed in 2022 by a parking and traffic consultant and the project was determined to have no adverse impacts on traffic and parking (Exhibit E). The improvement of the proposed subdivision is also in compliance with the 2022 Downtown Specific Plan. The improvements consist of a civic plaza with accessory retail food businesses and these improvements are permitted land uses within the Downtown Core area of the specific plan. Resolution 2024-13 May 15, 2024 Page 5 Furthermore, the improvements are consistent with the Plan's policies to expand pedestrian -oriented parks and gathering spaces in the downtown area. Specifically, the subdivision is consistent with the Specific Plan's Policy 1.1 to " Expand and maintain an enhanced, interconnected system of public parks, trails and open space in Downtown area", Policy 1.6 to "Expand the inventory of publicly accessible community gathering spaces so that businesses and residents are within a short walking distance of a park or recreational area", Policy 2.13 to "Expand places and spaces where community events and festivals can occur", and Policy 3.8 to "Create well - designed spaces for a high -quality user experience for all modes". 11. The site is physically suitable for the type of development. The site has a flat topography that lends itself to development in general and could support a civic plaza use. Also, it is not located in a flood hazard or high fire zone. Lastly, there is ample access to the site given that it is accessible from Pacific Avenue to the east, Sterling Way to the west, and Maine Avenue to the south. 12. The design of the proposed subdivision or the proposed improvements are unlikely to cause substantial damage or substantially and avoidably injure fish or wildlife of their habitat. The site is a fully urbanized area that is almost entirely paved. It is not a location that provides habitat for fish or wildlife and therefore development of the site for a civic plaza could not harm fish or wildlife habitat. 13. The design of the subdivision or type of improvements are unlikely to cause serious public health problems. The site is currently developed with parking lots and street right of way, both of which facilitate automotive vehicle traffic. The subdivision supports the development of the site as a civic plaza, which facilitates public gathering for pedestrians. The proposed use is aligned with the 2016 Specific Plan and General Plan goals of providing more opportunities within the City for residents for exercise and recreation. Therefore, the proposed use is more likely to promote public health and is not likely to cause public health problems. 14. The design of the subdivision or the type of improvements will not conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to the ones previously acquired by the public. This subsection shall only apply to easements of record or to easements Resolution 2024-13 May 15, 2024 Page 6 established by judgement of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. There are no existing easements in the project area that were acquired by the public at large that would be adversely affected by this project. A portion of City right-of-way will be closed for the creation of the plaza, but vehicular access between Sterling Way and Pacific Avenue will continue via the alley connection at the northern edge of the project site. Furthermore, the traffic study undertaken in 2022 (Exhibit E) determined that the closure of the right-of-way necessary for the development of the site for a civic plaza would not have an adverse effect on traffic and circulation for the area. It should also be mentioned that there are no existing private lots adjacent to the Project that will lose access to the street as result of this subdivision. 15. Discharge of waste from the proposed subdivision into an existing community sewer system would result in a violation of existing requirements prescribed by a California regional water quality control board pursuant to Division 7 (commencing with Section 13000) of the Water Code. Sewer waste discharge from the project site will be in accordance with City, State, and Sanitation District regulations. The small commercial building will have indoor plumbing fixtures that will contribute a minimal amount to the City's overall sewage waste stream, but this contribution will not be in violation of the existing requirements. SECTION 4. The Application, as herein above described below, and the same is hereby approved subject to the following conditions: (a) That the property shall be developed and maintained in substantial accordance with Exhibit "A" to the staff report for TPM 84199, dated March 27, 2024; and (b) If within two (2) years after the date of approval of TPM 84199, all conditions of approval have not been satisfied, then TPM 84199 shall become null and void; and (c) Recordation of Final Parcel Map with the Los Angeles County Reorder shall be required prior to issuance of building permits. (d) The Final Map shall be submitted to Los Angeles County Fire Department for review and approval prior to recordation. SECTION 5. Pursuant to the foregoing recitations and findings, the City Council denies the appeal and upholds the Planning Commission decision to approve a Tentative Resolution 2024-13 May 15, 2024 Page 7 Parcel Map to consolidate five (5) lots, vacated street right-of-way, and a city parking lot into one (1) 92,680 square foot lot (TPM 84199). SECTION 6. The City Clerk shall Certify to the passage of the adoption of this resolution and enter it into the book of original resolutions. SECTION 7. This resolution shall become effective immediately upon its adoption. SECTION 8. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. PASSED AND APPROVED this day of 2024. Emmanual Estrada, Mayor BALDWIN PARK CITY COUNCIL ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Christopher Saenz, City Clerk of the Baldwin Park City Council, do hereby certify that the foregoing Resolution No. 2024- was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on and that the same was adopted by the following to wit: AYES: NOES: ABSENT: ABSTAIN: Resolution 2024-13 May 15, 2024 Page 8 Christopher Saenz BALDWIN PARK City Clerk ITEM NO. 4 FROM: SAID GABRIEL "" b DATE: �n JA,Ww SUBJECT Honorable Mayor and Members of the City Council Robert Lopez, Chief of Police August 7, 2024 Approve a Request for Proposal for Jail Facility Staffing and Support Services SUMMARY The Baldwin Park Police Department operates a municipal jail facility for booking and housing arrestees. The current contract for jail staffing services is set to expire on November 30, 2024. Staff seeks City Council approval to circulate a Request for Proposal (RFP) to qualified firms for Jail Facility Staffing and Support Services. The project scope includes but is not limited to providing trained custody officers to support the City -operated jail facility, assisting with inmate management, and contributing to the safety and security of inmates and staff, all under the direction and policies set by the City. The purpose of the Request for Proposal is to solicit bids from qualified contractors to provide these essential services. RECOMMENDATION It is recommended that the City Council 1. Approve the release of the Request for Proposal; and 2. Direct staff to review and rank the responses to the RFP based on the evaluation criteria; and 3. Present a recommendation to the City Council, including a cost estimate, for the award of the contract. FISCAL IMPACT The fiscal impact will be determined based on the proposals received. The current budget allocation for jail staffing services is $443,505.00, line item 100.30.370.51100.00000. BACKGROUND The City of Baldwin Park Police Department operates a municipal jail at 14403 Pacific Ave, Baldwin Park, California, 91706, which fingerprints and books arrestees and transports them to local courthouses. The City maintains complete operational control and management of its jail facility. This RFP process allows us to explore potential improvements in service, incorporate lessons learned from this current contract period, and adapt to evolving best practices in jail management and custody services. It also enables us to ensure compliance with the latest regulatory requirements, including recent changes in California law regarding private detention facilities. The City values the safety and security of our community, staff, and inmates and is committed to maintaining the highest standards of professionalism and care in our jail facility. Through this RFP, we aim to partner with a qualified firm that can support our mission while recognizing the City's full operational control and management Page I / 2 of the jail facility. The selected firm will be awarded a three-year contract for these services, beginning December 1, 2024, and ending November 30, 2027. We are seeking experienced firms that can demonstrate innovative approaches to jail staffing, a strong track record in similar facilities, and a clear understanding of our community's unique needs and our commitment to public safety. ALTERNATIVES The City Council may choose not to approve the release of this Request for Proposal. However, this would necessitate an extension of the current contract without the benefit of a competitive bidding process, potentially resulting in less favorable terms or reduced service quality for the Police Department's Jail. LEGAL REVIEW The City Attorney's office has reviewed and approved the Request for Proposal document to ensure compliance with all applicable laws and regulations. ATTACHMENTS 1. Request for Proposal - Jail Facility Staffing Support Services (with attachments). Page 2 / 2 • • . ■ ■ • . • SERVICES Monday, September 2, 20243 by 5:00 pm City of Baldwin Park Police Department 14403 E. Pacific Avenue Baldwin Park, CA 91706 1. BACKGROUND The City of Baldwin Park ("City") is centrally located in the San Gabriel Valley approximately 20 miles east of downtown Los Angeles with a total population of approximately 75,000 residents. Baldwin Park is approximately 6.79 square miles and is surrounded by the cities of Irwindale, El Monte, Industry, West Covina and unincorporated portions of Los Angeles County. The City of Baldwin Park Police Department (the "Police Department") operates a municipal jail to fingerprint and book arrestees and transport them to local courthouses. The facility is located at 14403 Pacific Ave, Baldwin Park, CA 91706. iMwr]:41 N=1cL11 The City has prepared this Request for Proposals ("RFP") and is requesting proposals from qualified and interested security or staffing companies ("Proposers") to provide custody officer staffing support services for the City's jail facility. All proposers shall be properly licensed for the performance of the services in accordance with California law. The selected firm or company will be awarded a three (3) year contract for these services, beginning December 1, 2024, and ending November 30, 2027. The City encourages proposals from experienced firms that can demonstrate innovative approaches to jail staffing, a strong track record in similar facilities, and a clear understanding of the community's unique needs and the City's commitment to public safety. 3. SCOPE OF SERVICES; PROFESSIONAL SERVICES AGREEMENT The scope of services ("Services") sought under this RFP are set forth in more detail in Section 5 below. Notwithstanding the inclusion of such Services in the RFP, the final scope of Services negotiated between the City and the successful Proposer shall be set forth in the Professional Services Agreement ("Agreement") executed by and between City and the successful Proposer. A copy of the Agreement is attached hereto as Exhibit "A" and incorporated herein by this reference. 4. MINIMUM QUALIFICATIONS FOR PROPOSERS To be considered, Proposers must meet the following minimum qualifications: a) Legal Authorization: Proposers must be legally authorized to do business in the State of California. b) Experience: Proposers must have a minimum of three (3) years of experience providing custody officer staffing services to municipal jail facilities in California. c) Current Contracts: Proposers must currently hold at least one (1) contract of similar size and scope with other law enforcement agencies or municipalities in California. d) Financial Stability: Proposers must demonstrate financial stability and have the ability to obtain required insurance coverage. e) Licensing: Proposers must possess all necessary licenses and certifications required by the State of California to provide custody officer staffing services. f) Training Capabilities: Proposers must have established training programs that meet or exceed the standards set by the California Board of State and Community Corrections. g) Compliance History: Proposers must have a clean record of compliance with state and federal labor laws and regulations. h) Background Checks: Proposers must have the capability to conduct thorough background checks on all potential employees in accordance with California law and City requirements. i) Technology: Proposers must demonstrate the ability to use and maintain modern jail management software systems. j) Staffing Capacity: Proposers must have the capacity to fully staff the City's jail facility as required, including the ability to cover all shifts and provide backup personnel as needed. Proposers that do not meet these minimum qualifications will not be considered. 5. SCOPE OF WORK The City requires the services of a qualified security and staffing company to provide custody officer staffing support for the City's jail facility. It is expressly understood that the City, through the Police Department, will retain complete operational control and management of the jail facility. The successful Proposer will be strictly limited to providing staffing services under the City's direction and control. At a minimum, these tasks shall include: 5.1 Staffing Support: a) Provide qualified custody officers to support the jail facility 24 hours a day, seven days a week, 365 days a year, as determined by the City. b) Ensure all custody officers meet or exceed the minimum qualifications set by the California Board of State and Community Corrections and any additional requirements set by the City. c) Maintain appropriate staffing levels as directed by the City to ensure the safety and security of inmates, staff, and visitors. 5.2 Operational Support: a) Assist with inmate booking procedures, including fingerprinting and photographing, as directed by jail facility staff. b) Support inmate releases and transfers under jail facility staff supervision. c) Perform regular security checks and maintain order within the facility per City -established protocols. d) Assist in emergency responses within the jail facility under jail facility staff direction. e) Maintain accurate records and logs of all jail activities as required by the City. 5.3 Training and Compliance: a) Provide initial and ongoing training to all custody officers in accordance with state and federal requirements and City -specific policies. b) Ensure compliance with all relevant laws, regulations, and standards governing jail operations as directed by the City. c) Adhere to all City -implemented policies and procedures. 5.4 Transportation Services: a) Provide trained personnel to transport inmates to and from court appearances at various Superior Courts in the region. b) Ensure all transportation staff are properly trained in inmate transport procedures and safety protocols. c) Maintain and operate appropriate City vehicles for inmate transportation, if required. d) Coordinate with the City and court schedules to ensure timely transportation of inmates for court appearances. 5.5 Administrative Support: a) Provide scheduling of custody officers in accordance with City -determined needs. b) Handle payroll and human resources functions for custody officers. c) Maintain all necessary certifications and licenses for custody officers. 5.6 Reporting and Communication: a) Provide regular reports to the Police Department on staffing levels and any incidents as required by the City. b) Maintain open lines of communication with Police Department leadership. c) Participate in periodic meetings with City and jail facility staff to discuss operations and address concerns. 5.7 Quality Assurance: a) Implement and maintain a quality assurance program to ensure high service standards in line with City expectations. b) Assess, conduct and document regular performance evaluations of custody officers. c) Address any issues or complaints promptly and effectively with City leadership. 5.8 Transition Plan: a) If applicable, provide a detailed plan for transitioning staffing services from the current provider to ensure continuity of operations. b) Coordinate with City and jail facility staff to ensure a smooth transition process with minimal disruption to jail operations. 5.9 Insurance: a) Submit a "Statement Certifying Insurance Coverage" certifying that the successful Proposer will obtain the required insurance coverage and understands that said coverage is a prerequisite for entering into an agreement with the City. The successful Proposer is required to confirm with its insurance carrier that it can meet all the insurance requirements. Failure to meet the insurance regulations as set forth shall result in the Proposer's disqualification. 5.10 Contract Duration: a) Provide the services outlined in this Scope of Work for a period of three (3) years, from December 1, 2024, through November 30, 2027 5.11 Agreement a) Complete and sign a copy of the City's Professional Services Agreement, attached hereto as Exhibit 'A" as part of the proposal package. b) Understand that completion of this agreement indicates acceptance of all terms and conditions. c) Recognize that the completed agreement included in the proposal does not constitute acceptance by the City or a notice to proceed. All actions are to be taken in accordance with California requirements, industry standards for jail operations and custody staffing, and specific policies and procedures established by the City. The successful Proposer shall at all times recognize and support the City's complete operational control and management of the jail facility. This Scope of Work emphasizes the successful Proposer's supportive role while maintaining the City's control over jail operations, in alignment with Penal Code sections 9500-9505. Please review and adjust as needed to ensure it fully captures your requirements and aligns with your specific operational needs. C:�130I101�_TOM0Z1rT`9_T�I Z � 6.1 Solicitation Publication This Request for Proposal (RFP) is being published on August 8, 2024, and is available on the City's website at www.baldwinpark.com/rfp. Proposers interested in participating in this solicitation are encouraged to email the Chief Deputy City Clerk, Shirley Quinones, at suinonesbaldwinpark.com to be added to the interested Proposer's list. 6.2 Mandatory On -Site Meeting A mandatory site visit for all interested Proposers will be held on August 21, 2024, starting at 10:00 a.m. at the Baldwin Park Police Department, 14403 E. Pacific Avenue, Baldwin Park, CA 91706. This visit will allow potential Proposers to view the facility and ask questions about the operational requirements. Attendance at this meeting is required for any firm submitting a proposal. 6.3 Question Submittal Interested Proposers may submit questions for clarification to Captain Joshua Hendricks at ihendricks(cr?.baldwinpark.com by 5:00 p.m. on August 26, 2024. The City will prepare responses to all questions and publish them as an amendment to this RFP by August 29, 2024. It is the responsibility of all interested Proposers to check the City's website for any addenda or clarifications. 6.4 Proposal Submission Requirements Interested Proposers shall submit concise, well -organized proposals that demonstrate their qualifications and experience relating to the proposed project. The Cost Proposal shall reflect all costs associated with the proposed project. At a minimum, proposals shall include the following information: 6.4.1 Contents The following contents shall be included in the Proposal submittal: a) Cover Letter b) Table of Contents c) Qualifications: Past Experience in jail staffing and management d) Operational Plan: This section should provide a comprehensive overview of how the Proposer intends to carry out the day-to-day operations of staffing and supporting the jail facility. It should include: • References from similar contracts (minimum of three) • Project Planning Methodology • Key Personnel details • Partnerships (if applicable) • Financial Capacity e) Staffing plan and schedules: Detail how the Proposer will ensure adequate staffing levels at all times, including shift rotations, coverage for absences, and handling of peak periods. f) Training program: Outline the initial and ongoing training programs for custody officers, including topics covered, frequency of training, and how the firm ensures compliance with state and local requirements. g) Safety and security protocols: Describe the procedures and protocols the Proposer will implement to maintain the safety and security of inmates, staff, and visitors. This should include emergency response procedures. h) Inmate management procedures: Detail how custody officers will handle and document daily inmate activities, including booking, housing assignments, meal distribution, medical care coordination, and transportation to court. i) Communication Management Plan: This should detail how the Proposer will maintain clear and effective communication with the City, including reporting structures and frequency j) Quality Assurance Plan: This should outline the Proposer's approach to maintaining high standards of service, including performance metrics and evaluation methods. k) Transition Plan (if applicable): If the Proposer is not the current service provider, this should detail how they plan to transition into the role with minimal disruption to operations. 1) Project Organization Chart: This should show the structure of the team that will be working on this contract, including key personnel and their roles. m) Comprehensive Services Overview: This should provide a broad overview of all services the Proposer will provide, highlighting any unique or value-added offerings. n) Cost Proposal: This should provide a detailed breakdown of all costs associated with providing the required services. o) Statement Certifying Insurance Coverage: Submit proof of insurance requirements addressed in the Professional Services Agreement of this Request for Proposal upon execution of the original contract for submission to the City Council. p) Signed copy of the City's Professional Services Agreement.: Exhibit "A" is a copy of the City's Professional Services Agreement. A copy shall be completed and signed as part of the proposal package. Completion of this agreement will be your statement that all terms and conditions are acceptable. This completed agreement made part of the proposal is by no means to be interpreted as acceptance by the City or notice to proceed 6.4.2 Format Proposals should be prepared on standard 8 1/2" x 11" paper. Standard advertising brochures should not be included in the proposal. The proposal shall include one (1) original, three (3) copies, and one (1) electronic copy in PDF format. 6.4.3 Due Date All proposals must be submitted to: Shirley Quinones, Chief Deputy City Clerk 14403 E. Pacific Avenue Baldwin Park, CA 91706 626-960-4011 ext. 466 sguinones@baidwingark.com All submissions are due by September 2, 2024, at 5:00 p.m.; late submissions will not be accepted. 6.5 Proposal Evaluation A selection committee appointed by the Chief of Police will evaluate proposals based on the criteria outlined in Section 5 of this RFP. 6.6 Interviews I Presentations The City may invite the top -ranked firms (typically the top three) to present their proposals in person. These presentations, if held, are tentatively scheduled for September 18, 2024. The City reserves the right to award the contract based solely on written proposals. 6.7 Potential Contract Award The City anticipates making a recommendation to the City Council by October 2, 2024. The selected firm shall be prepared to begin work immediately following any award of contract, with a tentative start date of December 1, 2024. 6.8 Anticipated Schedule Event Date RFP Issued Thursday, August 08, 2024 Mandatory Site Visit Wednesday, August 21, 2024 Deadline for Inquiries Monday, August 26, 2024 Responses to Questions Thursday, August 29, 2024 Proposals Due Monday, September 2, 2024 Potential Interviews Wednesday, September 18, 2024 Anticipated Contract Award Wednesday, October 2, 2024 Notice to Proceed (Tentative Start Date) Sunday, December 1, 2024 7. EVALUATION CRITERIA Proposals will be evaluated based on the following criteria: Criteria Weight Overall Assessment of Response 10% Experience in Jail Staffing 20% Operational Plan 30% Staff Qualifications 15% Cost Proposal 25% 8. PROTESTS 8.1 Protest Contents Protests based on the content of the RFP shall be submitted to the City no later than ten (10) calendar days prior to the scheduled proposal submittal deadline. If necessary, the proposal submittal deadline may be extended pending a resolution of the protest. Proposer may protest a contract award if the Proposer believes that the award was inconsistent with City policy or this RFP is not in compliance with law. A protest must be filed in writing with the City (email is not acceptable) within five (5) business days after receipt of notification of the intended contract award. Any protest submitted after 5 p.m. of the fifth business day after notification of the intended contract award will be rejected by the City as invalid and the Proposer's failure to timely file a protest will waive the Proposer's right to protest the contract award. The Proposer's protest must include supporting documentation, legal authorities in support of the grounds for the protest and the name, address and telephone number of the person representing the Proposer for purposes of the protest. Any matters not set forth in the protest shall be deemed waived. 8.2 City Review The City will review and evaluate the basis of the protest provided the protest is filed in strict conformity with the foregoing. The City shall provide the Proposer submitting the protest with a written statement concurring with or denying the protest. Action by the City relative to the protest will be final and not subject to appeal or reconsideration. The procedure and time limits set forth in this section are mandatory and are the Proposer's sole and exclusive remedy in the event of protest. Failure to comply with these procedures will constitute a waiver of any right to further pursue the protest, including filing a Government Code claim or legal proceedings. 9. ADDENDA The City reserves the right to revise the RFP prior to the time set to receive proposals. Revisions, if any, shall be made by written addenda. All addenda issued by the City shall be included in the proposal and made part of the RFP. Each Proposer shall leave with City its name, address, phone and fax numbers, and e-mail address for the purpose of receiving Addenda. City will cause copies of addenda to be mailed, faxed, delivered or e-mailed to such names at such addresses. Proposers are responsible for ensuring that they have received any and all addenda. Each Proposer should contact the City to verify that it has received all addenda issued, if any, prior to the bid opening. Failure to acknowledge receipt of all addenda may result in bid rejection. i[11wel:11Z,1=1 7rWd97,11117111Mil, 9 a.) Amendments to Proposals. Unless specifically requested by the City, no amendment, addendum or modification will be accepted after a proposal has been submitted to City. If a change to a proposal that has been submitted is desired, the submitted proposal must be withdrawn and the replacement proposal submitted prior to the deadline stated herein for receiving proposals. b.) Non -Responsive Proposals. A proposal may be considered non -responsive if conditional, incomplete, or if it contains alterations of form, additions not called for, or other irregularities that may constitute a material change to the proposal. c.) Costs for Preparing. The City will not compensate any Proposer for the cost of preparing any proposal, and all materials submitted with a proposal shall become the property of the City. The City will retain all proposals submitted and may use any idea in a proposal regardless of whether that proposal is selected. d.) Cancellation. City reserves the right to cancel this request for proposals at any time prior to contract award without obligation in any manner for proposal preparation, interview, fee negotiation or other associated marketing costs. e.) Price Validity. Prices provided by Proposers are valid for 90 days from the proposal due date. The City intends to award the contract within this time but may request an extension from the Proposers to hold pricing, until negotiations are complete and the contract is awarded. f.) No Commitment to Award. Issuance of request for proposals and receipt of proposals does not commit the City to award a contract. City expressly reserves the right to postpone the proposal for its own convenience, to accept or reject any or all proposals received, to negotiate with more than one Proposer concurrently, or to cancel all or part of this request for proposals. g.) Right to Negotiate and/or Reject Proposals. City reserves the right to negotiate any price or provision, task order or service, accept any part or all of any proposals, waive any irregularities, and to reject any and all, or parts of any and all proposals, whenever, in the sole opinion of City, such action shall serve its best interests and those of the tax- paying public. The Agreement, if any is awarded, will go to the Proposer whose proposal best meets City's requirements. 11. CONTACT INFORMATION/QUESTIONS All communications or questions regarding this RFP should be directed to: Captain Joshua Hendricks Email: jhendricks@baldwinpark.com Phone: 626-813-5226 12. ENCLOSURES • Exhibit "A" - Professional Services Agreement: Please sign and return this form along with your completed proposal. • Exhibit "B" - Jail Facility Layout: A 2D overhead diagram of the Jail Facility, including room dimensions, is provided as a separate attachment to this RFP. END INSTRUCTIONS TO PROPOSERS EXHIBIT "A" CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT 1- PARTIES AND DATE. This Agreement iamade and entered into this day of_________ by and between the City ofBaldwin Pork. o California municipal corporation ("City") and ***NAME OF COK4PANYl.0[INSERT TYPE OFBUSINESS; |.E..CORPORATION (INCLUDE STATE OF |NCC)RPC)R/\T|C)N>. L|K4|TEC) LIABILITY C{]K8PANY, SOLE PF{C)PR|ETC)F{SH|P. ETC.°°°], with its principal place of business at |°°°AOOREGS^°°l ("Consultant"). City and Consultant are sometimes individually referred to herein oe"Padv"and collectively oa"Pmrtiee." 2' REC0[AdLS2.1 Consultant. - ConsUltant desires to perform and assume responsibility for the provision of certain professional services required bvthe City onthe terms and conditions set forth inthis AoneurnanL Consultant represents that it is experienced in providing [***INSERT TYPE***] services to public clients, is licensed in the State of California, and iSfamiliar with the plans Of 2'2 Project. City desires toengage Consultant torender such professionalservices for the ... INSERT NAME OF PROJECT, AND CONTRACT NUMBER, |FAPPL|CABLE°°]project ("Project") as set forth in this Agreement. 3. TERMS. 3.1 Scope of Services and Term. 3.1.1 General Scope of Services. Consultant promises and agrees 03furnish to the City all labor, mGteh8|G. t0O|S. equipment, services, and incidental and customary work D8C8SS8ry to fully and @dHqU8iH|y supply the pn}feSSiOD8| [***INSERT TYF,E^^^ COOSU|bOg services necessary for the Project ("Services"). The Services are more particularly described in Exhibit "A" attached hereto and incorporated herein by reference. All Services shall be subject to, and p0rfO[[O8d in 8CCOnd8OCH with, this Au[08OO8D[' the exhibits attached h8r8[O and iOCO[pO[8t8d h8[8iD by [8fer8OCH. and all 8pp|iC8b|8 |OC8|. state and federal |8VVS' rU|8S and regulations. 3.1.2 Tern. The term Ofthis Agreement shall be from [***INSERT to [***INSERT D/\TF+++' uO|eSS earlier terminated as provided herein. [***INSERT THE FOLLOWING SENTENCE FOR MULT|-YEAR, AUTOMATIC RENEWAL NOT TO EXCEED THREE CONSECUTIVE YEARS; C}THERVV|SE, ALWAYS DELETE: The City Sh@|| have the uDi|Gt8[8| option, GL its SO|e discretion, to renew this AQneeDl8Ot 8utODl81iCG||y for DO more than [INSERT NUMBER] additional one-year t8[0S.°°°] Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by rnutua|, written oonaent, extend the term of this Agreement if necessary to complete the Services. sa&x(2o2o) -1- PROFESSIONAL SERVICES AGREEMENT 3.2 Compensation. 3.2.1 Compensation. Consultant shall receive compensation, including authorized reimbursements, for all Services rendered under this Agreement at the rates set forth in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation shall not exceed [***INSERT AMOUNT WRITTEN OUT] ($[***INSERT NUMBER]) without written approval of the City Council or City Manager, as applicable. Extra Work may be authorized, as described below, and if authorized, will be compensated at the rates and manner set forth in this Agreement. 3.2.2 Payment of Compensation. Consultant shall submit to City a monthly invoice which indicates work completed and hours of Services rendered by Consultant. The invoice shall describe the amount of Services provided since the initial commencement date, or since the start of the subsequent billing periods, as appropriate, through the date of the invoice. City shall, within 30 days of receiving such invoice, review the invoice and pay all non -disputed and approved charges. If the City disputes any of Consultant's fees, the City shall give written notice to Consultant within thirty (30) days of receipt of an invoice of any disputed fees set forth therein. Payment shall not constitute acceptance of any Services completed by Consultant. The making of final payment shall not constitute a waiver of any claims by the City for any reason whatsoever. 3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for any expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. 3.2.4 Extra Work. At any time during the term of this Agreement, City may request that Consultant perform Extra Work. As used herein, "Extra Work" means any work which is determined by City to be necessary for the proper completion of the Project, but which the Parties did not reasonably anticipate would be necessary at the execution of this Agreement. Consultant shall not perform, nor be compensated for, Extra Work without written authorization from the City. 3.3 Responsibilities of Consultant. 3.3.1 Independent Contractor; Control and Payment of Subordinates. The Services shall be performed by Consultant or under its supervision. Consultant will determine the means, methods and details of performing the Services subject to the requirements of this Agreement. City retains Consultant on an independent contractor basis and not as an employee. Any personnel performing the Services on behalf of Consultant shall not be employees of City and shall at all times be under Consultant's exclusive direction and control. Neither City, or any of its officials, officers, directors, employees or agents shall have control over the conduct of Consultant or any of Consultants officers, employees or agents, except as set forth in this Agreement. Consultant shall pay all wages, salaries, and other amounts due such personnel in connection with their performance of Services under this Agreement and as required by law. Consultant shall be responsible for all reports and obligations respecting such additional personnel, including, but not limited to: social security taxes, income tax withholding, unemployment insurance, disability insurance, and workers' compensation insurance. 3.3.2 Schedule of Services. and timely manner and in accordance with attached hereto and incorporated herein by BB&K (2020) 65431.00007\42447298.1 Consultant shall perform the Services in a prompt the Schedule of Services set forth in Exhibit "B" reference. Consultant represents that it has the -2- PROFESSIONAL SERVICES AGREEMENT professional and technical personnel required to perform the Services expeditiously. Upon request of City, Consultant shall provide a more detailed schedule of anticipated performance to meet the Schedule of Services. 3.3.3 Conformance to Applicable Requirements. All work prepared by Consultant shall be subject to the approval of City. 3.3.4 Substitution of Key Personnel. Consultant has represented to City that certain key personnel will perform and coordinate the Services under this Agreement. Should one or more of such personnel become unavailable, Consultant may substitute other personnel of at least equal competence upon written approval of City. In the event that City and Consultant cannot agree as to the substitution of key personnel, City shall be entitled to terminate this Agreement for cause. The key personnel for performance of this Agreement are as follows: [***INSERT NAME AND TITLE***]. 3.3.5 City's Representative. The City hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative in all matters pertaining to the administration and performance of this Agreement ("City's Representative"). City's Representative shall have the power to act on behalf of the City for review and approval of all products submitted by Consultant but not the authority to enlarge the Scope of Services or change the total compensation due to Consultant under this Agreement. The City Manager shall be authorized to act on City's behalf and to execute all necessary documents which enlarge the Scope of Services or change the Consultant's total compensation subject to the provisions contained in this Agreement. Consultant shall not accept direction or orders from any person other than the City Manager, City's Representative or his/her designee. 3.3.6 Consultant's Representative. Consultant hereby designates [***INSERT NAME AND TITLE***], or his/her designee, to act as its representative for the performance of this Agreement ("Consultant's Representative"). Consultant's Representative shall have full authority to represent and act on behalf of the Consultant for all purposes under this Agreement. The Consultant's Representative shall supervise and direct the Services, using his/her best skill and attention, and shall be responsible for all means, methods, techniques, sequences, and procedures and for the satisfactory coordination of all portions of the Services under this Agreement. 3.3.7 Coordination of Services. Consultant agrees to work closely with City staff in the performance of Services and shall be available to City's staff, consultants and other staff at all reasonable times. 3.3.8 Standard of Care; Performance of Employees. Consultant shall perform all Services under this Agreement in a skillful and competent manner, consistent with the standards generally recognized as being employed by professionals in the same discipline in the State of California. Consultant represents and maintains that it is skilled in the professional calling necessary to perform the Services. Consultant warrants that all employees and subconsultants shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subconsultants have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, and that such licenses and approvals shall be maintained throughout the term of this Agreement. Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant's failure to comply BB&K (2020) -3- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 with the standard of ourg provided for herein. Any employee of the Consultant or its eubconeu|tantnvvhn is determined by the City to be unonoperatk/e, inoornpetert, o threat Uzthe adequate ortimely completion ofthe Project, othnaot[o[henofetvofpenooneorpnopedv,nrony employee who fails orrefuses tu perform the Services in u manner acceptable to the Citv, aho|| bgpromptly removed from the Project bythgCunau|tantandaha||nutbene-emp|uyedtuperfonn any ofthe Services oriowork onthe Project. 3.3.9 Feriod of Performance. 3.3.9.1 Consultant ohuU perform and ournp|gte all Gen/uea under this Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant shall also perform the Services in strict accordance with any completion schedule or Projectrni|estnneo described iDExhibits ^^A'`O[^^B"attached hereto, OFwhich may b8separately agreed upon iDwriting by the City and Consultant (''Perfnrrnonoa Milestones"). Consultant agrees that if the Services are not completed within the aforementioned Performance Time and/or pursuant to any such Performance Milestones developed pursuant to provisions of this /\oneenoent, it is undurstuud, acknowledged and agreed that the City will suffer damage. 3.3.9.2 Neither City nor Consultant shall be considered indefault of this Agreement for delays in performancecaused bvcircumstances beyond the reasonable control uf the non -performing Party. For purposes of this Aoreernerd, such circumstances include a Force K8 jeUne Event. A Force K4 jeUre Event shall mean an event that mn8teh8||y affects 8 P8rtv'S performance and is one Or more Of the following: (1) AC1S Of God Or Other n8tUn8| diS8SienS; (2) terrorism or other acts of a public enemy; (3) orders of governmental authorities (including, without |imnitabun, unreasonable and unforeseeable delay in the issuance of permits or approvals by governmental authorities that are required for the services); (4) strikes and other organized labor action occurring ot the site and the effects thereof onthe services, only tothe extent such strikes and other organized labor action are beyond the control of Consultant and its subcontractors, and to the extent the effects thereof cannot be avoided by use ofreplacement workers; and (5) p8Od8DliCS. 8pidHrOiCS or qU8n8OhOH [8S1riCtiOOS. For pU[pOS8S Of this S8CtiOO. "Ond8[S Of AOv8rnno9ntG| authorities," includes ordinances, emergency proclamations and OrderG, rules to protect the public health, VVH|f8F8 and S8fHtv' and other actions of public agency applicable to the services and Agreement. 33.9.3 Should 8Force K8 j9ur8Ev8ntOCCur, the non -performing P8rtv shall, within a reasonable time of being prevented from performing, give written notice to the other Party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement. Force W1 jeure Events and/or delays, r8gGrd|8SG of the Party responsible for the d8|8y. 8h8|| not entitle Consultant to any additional compensation. Notwithstanding the fOn3QOiOg in this SSCtiOO' the City may still t8rDliD8[H this /\gP8HOO8Ot in accordance with the termination provisions Ofthis Agreement. 3.3.10 Laws and Regulations; EmploVee/Labor Certification. 3.318.1 Compliance with Laws. Consultant shall keep itself fully informed of and in COnOp|i8OCe with all |OC8|' state and federal |8wS' rules and [eQu|3tiODS in any manner affecting the performance of the Project or the Services, including all Cal/OSHA requirements, and shall give all notices required bylaw. Consultant shall b8liable for all violations of such |8vvS and PeQU|GdOOS in CODDeCtiOD with the @8rViCeS and this Agreement. All viO|8UOOS ofsuch laws and regulations shall begrounds for the City toterminate the Agreement for cause. sa&x(2o2o) -4- PROFESSIONAL SERVICES AGREEMENT 3.3.10.2 Consultant certifies that it fully complies with all requirements and restrictions of state and federal |ovv respecting the ernp|Oynn8nt Of Und0CUrn8n[8d 8|i8DS, indUding, but not limited to, the |nnrnigr8UOn Reform and Control Act of 1988, as may be amended from time to time and ahu|| require all auboonau|tonta and aub-aubuunau|LunLatocomply with the same. Consultant certifies that ithas not committed o violation of any such law within the five (5) years immediately preceding the date of execution Ofthis Agreement, and shall not violate any such law @tany time during the term Ofthe Agreement. 3.3.10.3 Equal Opportunity Employment. Consultant represents that it is an equal opportunity employer and it shall not discriminate against any subconsultant, employee orapplicant for employment because of race, re|igion, co|or, national ohAin, handicap, onoeatry. sex O[age. Such DoO-diSC[iDlination Sh@|| include, but not bg limited to, all @CtiVidSS [g|@tUd LO initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination. Consultant shall also comply with all relevant provisions ofCitv's Minority Business Enterprise program, Affirmative Action Plan or other related pnuAnannu or guidelines currently in effect orhereinafter enacted. 3.3.104 Air Quality. TO the extent 8pdic8be. CODSUK8nt must fU|k/ COrnp|y with all applicable |@vvS, nJ|eS and re0U|8UOnS in furnishing Or using equipment and/or providing ServiceS, including, but not limited to, 8DliSSiUDS limits and permitting requirements imposed by the South Coast Air {}U8|i&y Management City (8CAC)K8D) and/or California Air Resources Board (C/\RB). Consultant shall indemnify City against any fines orpenalties imposed by SCAQMD, CARB, or any other governmental or regulatory agency for violations of applicable laws, rules and/or regulations by Consultant, its subconsultants, or others for whom Consultant is responsible under its indemnity obligations provided for in this Agreement. 3.3.10.5 Water Quality Management and Compliance. Consultant shall keep itself and all aubuontroctora, staff, and employees fully informed of and in compliance with all |OC8|' state and f8d8n9| |8VVS. rU|8S and F8gU|8tiDOS that may inDp8Ct' or be implicated by the p8rfO[rD8nCH of the SHrViC8S iOC|UdiDg' YVithOU[ |iOOit8UOO' all 8pp|iC@b|8 pn]ViSiODS of the Citv'S ordinances regulating water quality and storm water; the Federal Water Pollution Control Act (33 U.S.C. & 1251' 8t seq.); the California POrt8FCO|OgDH VV8t8[ Quality COOtn]| Act (Water Code Q 13000 8t seq.); and any and all [HgU|8tiOOS, pO|iCiHS' or permits iSSU9d pU[SU8Ot to any such authority. CODGV|tGDt must 8ddiU0O8||y COrOp|y with the |8wfU| n8quin8DleOtS of the City, and any other municipality, drainage district, or other local agency with jurisdiction over the location where the Services are LOb8conducted, regulating water quality and storm water discharges. City may S98k damages from Consultant for delay in COnnp|8Ung the Services caused by Consultant's failure to C0rnp|y with the |8vvS. regulations and pO|iCi8G described in this 88Cti0n. or any other relevant water quality |@VV. rHgU|8tiOO' or policy. 3.310.8 Safety. Consultant shall 8X8CUte and Dl@iOt3iO its work SO8StO avoid injury or damage UJ any person Or property. In carrying Out its S8n/C8S. the Consultant Sh8|| at all dOl8S be in CO[Dp|i8OCC with all applicable |OC3|. state and federal |8VVS' rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. 3.311 Insurance. 3.311.1 Time for Compliance. Consultant Sh@U not CODlmeDCe work under this Agreement until it has provided evidence satisfactory to the City that it has secured all sa&x(2nuo) -5- PROFESSIONAL SERVICES AGREEMENT insurance required under this section. In addition, Consultant shall not allow any subconsultant to commence work on any subcontract until it has provided evidence satisfactory to the City that the subconsultant has secured all insurance required under this section. Failure to provide and maintain all required insurance shall be grounds for the City to terminate this Agreement for cause. 3.3.11.2 Types of Insurance Required. As a condition precedent to the effectiveness of this Agreement for work to be performed hereunder, and without limiting the indemnity provisions of the Agreement, the Consultant, in partial performance of its obligations under such Agreement, shall procure and maintain in full force and effect during the term of the Agreement the following policies of insurance. If the existing policies do not meet the insurance requirements set forth herein, Consultant agrees to amend, supplement or endorse the policies to do so. (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CIS 00 01, or the exact equivalent, with limits of not less than $1,000,000 per occurrence and no less than $2,000,000 in the general aggregate. Defense costs shall be paid in addition to the limits. The policy shall contain no endorsements or provisions (1) limiting coverage for contractual liability; (2) excluding coverage for claims or suits by one insured against another (cross -liability); (3) products/completed operations liability; or (4) containing any other exclusion(s) contrary to the terms or purposes of this Agreement. (B) Automobile Liability Insurance: Automobile Liability Insurance with coverage at least as broad as Insurance Services Office Form CA 00 01 covering "Any Auto" (Symbol 1), or the exact equivalent, covering bodily injury and property damage for all activities with limits of not less than $1,000,000 combined limit for each occurrence. (C) Workers' Compensation: Workers' Compensation Insurance, as required by the State of California and Employer's Liability Insurance with a limit of not less than $1,000,000 per accident for bodily injury and disease. (D) Professional Liability (Errors & Omissions): Professional Liability insurance or Errors & Omissions insurance appropriate to Consultant's profession with limits of not less than $1,000,000. Covered professional services shall specifically include all work to be performed under the Agreement and delete any exclusions that may potentially affect the work to be performed (for example, any exclusions relating to lead, asbestos, pollution, testing, underground storage tanks, laboratory analysis, soil work, etc.). If coverage is written on a claims -made basis, the retroactive date shall precede the effective date of the initial Agreement and continuous coverage will be maintained or an extended reporting period will be exercised for a period of at least five (5) years from termination or expiration of this Agreement. 3.3.11.3 Insurance Endorsements. Required insurance policies shall contain the following provisions, or Consultant shall provide endorsements on forms approved by the City to add the following provisions to the insurance policies: (A) Commercial General Liability: (1) Additional Insured: The City, its officials, officers, employees, agents, and volunteers shall be additional insureds with regard to liability and defense of suits or claims arising out of the performance of the Agreement. Additional Insured Endorsements shall not (1) be restricted to "ongoing operations"; (2) exclude "contractual liability"; (3) restrict coverage to "sole" liability of Consultant; or (4) contain any other BB&K (2020) -6- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 exclusions contrary to the terms or purposes of this Agreement. For all policies of Commercial General Liability insurance, Consultant shall provide endorsements in the form of ISO CG 20 10 10 01 and 20 37 10 01 (or endorsements providing the exact same coverage) to effectuate this requirement. (2) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (B) Automobile Liability. (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (C) Professional Liability (Errors & Omissions): (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Contractual Liability Exclusion Deleted: This insurance shall include contractual liability applicable to this Agreement. The policy must "pay on behalf of the insured and include a provision establishing the insurer's duty to defend. (D) Workers' Compensation: (1) Cancellation: Required insurance policies shall not be canceled or the coverage reduced until a thirty (30) day written notice of cancellation has been served upon the City except ten (10) days shall be allowed for non-payment of premium. (2) Waiver of Subrogation: A waiver of subrogation stating that the insurer waives all rights of subrogation against the City, its officials, officers, employees, agents, and volunteers. 3.3.11.4 Primary and Non -Contributing Insurance. All policies of Commercial General Liability and Automobile Liability insurance shall be primary and any other insurance, deductible, or self-insurance maintained by the City, its officials, officers, employees, agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or be endorsed to contain such provisions. 3.3.11.5 Waiver of Subrogation. All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants. 3.3.11.6 Deductibles and Self -Insured Retentions. Any deductible or self - insured retention must be approved in writing by the City and shall protect the City, its officials, officers, employees, agents, and volunteers in the same manner and to the same extent as they would have been protected had the policy or policies not contained a deductible or self -insured retention. 3.3.11.7 Evidence of Insurance. The Consultant, concurrently with the execution of the Agreement, and as a condition precedent to the effectiveness thereof, shall deliver either certified copies of the required policies, or original certificates on forms approved by the City, together with all endorsements affecting each policy. Required insurance policies shall BB&K (2020) -7- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 not be in compliance if they include any limiting provision or endorsement that has not been submitted to the City for approval. The certificates and endorsements for each insurance policy shall be signed by a person authorized by that insurer to bind coverage on its behalf. At least fifteen (15 days) prior to the expiration of any such policy, evidence of insurance showing that such insurance coverage has been renewed or extended shall be filed with the City. If such coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in the required coverage, Consultant shall, within ten (10) days after receipt of written notice of such cancellation or reduction of coverage, file with the City evidence of insurance showing that the required insurance has been reinstated or has been provided through another insurance company or companies. 3.3.11.8 Acceptability of Insurers. Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and authorized to transact business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law. 3.3.11.9 Enforcement of Agreement Provisions (non estoppel). Consultant acknowledges and agrees that actual or alleged failure on the part of the City to inform Consultant of non-compliance with any requirement imposes no additional obligation on the City nor does it waive any rights hereunder. 3.3.11.10 Requirements Not Limiting. Requirement of specific coverage or minimum limits contained in this Section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. 3.3.11.11 Additional Insurance Provisions (A) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification. (B) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement. (C) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (D) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement. (E) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of BB&K (2020) -8- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 liability. Further the limits set forth herein shall not be construed to relieve the Consultant from liability in excess of such coverage, nor shall it limit the Consultant's indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law. (F) Consultant shall report to the City, in addition to Consultant's insurer, any and all insurance claims submitted by Consultant in connection with the Services under this Agreement. 3.3.11.12 Insurance for Subconsultants. Consultant shall include all subconsultants engaged in any work for Consultant relating to this Agreement as additional insureds under the Consultant's policies, or the Consultant shall be responsible for causing subconsultants to purchase the appropriate insurance in compliance with the terms of these Insurance Requirements, including adding the City, its officials, officers, employees, agents, and volunteers as additional insureds to the subconsultant's policies. All policies of Commercial General Liability insurance provided by Consultant's subconsultants performing work relating to this Agreement shall be endorsed to name the City, its officials, officers, employees, agents and volunteers as additional insureds using endorsement form ISO CG 20 38 04 13 or an endorsement providing equivalent coverage. Consultant shall not allow any subconsultant to commence work on any subcontract relating to this Agreement until it has received satisfactory evidence of subconsultant's compliance with all insurance requirements under this Agreement, to the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City. 3.4 Labor Code Requirements. 3.4.1 Prevailing Wages. Consultant is aware of the requirements of California Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulations, Title 8, Section 16000, et seq., ("Prevailing Wage Laws"), which require the payment of prevailing wage rates and the performance of other requirements on "public works" and "maintenance" projects. If the Services are being performed as part of an applicable "public works" or "maintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City shall provide Consultant with a copy of the prevailing rates of per diem wages in effect at the commencement of this Agreement. Consultant shall make copies of the prevailing rates of per diem wages for each craft, classification or type of worker needed to execute the Services available to interested parties upon request, and shall post copies at the Consultant's principal place of business and at the project site. It is the intent of the parties to effectuate the requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Code within this Agreement, and Consultant shall therefore comply with such Labor Code sections to the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its officials, officers, employees, agents, and volunteers free and harmless from any claim or liability arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. 3.4.2 Registration/DIR Compliance. If the Services are being performed on a public works project of over $25,000 when the project is for construction, alteration, demolition, installation, or repair work, or a public works project of over $15,000 when the project is for maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 and 1771.1, the Consultant and all subconsultants must be registered with the Department of Industrial Relations ("DIR"). Consultant shall maintain registration for the duration of the Project BB&K (2020) -9- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 and require the same of any subconsultants. 3.4.3 Compliance Monitoring. This Project may also be subject to compliance monitoring and enforcement by the DIR. It shall be Consultant's sole responsibility to comply with all applicable registration and labor compliance requirements, including the submission of payroll records directly to the DIR. Any stop orders issued by the DIR against Consultant or any subconsultant that affect Consultant's performance of services, including any delay, shall be Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the DIR against Consultant or any subconsultant. 3.4.4 Labor Certification. By its signature hereunder, Consultant certifies that it is aware of the provisions of Section 3700 of the California Labor Code which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions of that Code, and agrees to comply with such provisions before commencing the performance of the Services. 3.5 Termination of Agreement. 3.5.1.1 Grounds for Termination. City may, by written notice to Consultant, terminate the whole or any part of this Agreement at any time and without cause by giving written notice to Consultant of such termination, and specifying the effective date thereof, at least seven (7) days before the effective date of such termination. Upon termination, Consultant shall be compensated only for those Services which have been adequately rendered to City, and Consultant shall be entitled to no further compensation. Consultant may not terminate this Agreement except for cause. The rights and remedies of the City provided in this section shall not be exclusive and are in addition to any other rights and remedies provided by law, equity or under this Agreement. 3.5.1.2 Effect of Termination. If this Agreement is terminated as provided herein, City may require Consultant to provide all finished or unfinished Documents and Data and other information of any kind prepared by Consultant in connection with the performance of Services under this Agreement. Consultant shall be required to provide such document and other information within fifteen (15) days of the request. 3.5.1.3 Additional Services. In the event this Agreement is terminated in whole or in part as provided herein, City may procure, upon such terms and in such manner as it may determine appropriate, services similar to those terminated. 3.6 Indemnification. 3.6.1 To the fullest extent permitted bylaw, Consultant shall defend (with counsel of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant's Services, the Project BB&K (2020) -10- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney's fees and other related costs and expenses except such loss or damage caused by the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify shall survive expiration or termination of this Agreement and shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers. 3.6.2 If Consultant's obligation to defend, indemnify, and/or hold harmless arises out of Consultant's performance as a "design professional" (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant's indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant's liability for such claim, including the cost to defend, shall not exceed the Consultant's proportionate percentage of fault. 3.7 General Provisions. 3.7.1 Accounting Records. Consultant shall maintain complete and accurate records with respect to all costs and expenses incurred under this Agreement. All such records shall be clearly identifiable. Consultant shall allow a representative of City during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. 3.7.2 Independent Contractors and Subcontracting_ 3.7.2.1 Use of Consultants. Consultant is aware of statutory and case law regarding classification of workers as independent contractors, including California Labor Code Section 2750.3 and Dynamex Operations West, Inc. v. Superior Court, 4 Cal. 5th 903 (2018). To ensure that Consultant is in compliance with the California Labor Code, Consultant shall only utilize its employees to provide the Services. Consultant may not provide the services through any independent contractor, subcontractor or subconsultant ("Subcontractor(s)") unless approved by the City as set forth in Section 3.7.2.2 below. Consultant represents and warrants that all personnel who perform the Services on Consultant's behalf are Consultant's employees, and that Consultant complies with all applicable laws, rules and regulations governing its employees, including, but not limited to, the California Labor Code, Unemployment Insurance Code and all applicable Industrial Welfare Commission Wage Orders. 3.7.2.2 Prior Approval Required. Consultant shall not use any Subcontractor to provide the Services, or any portion of the work required by this Agreement, without prior written approval of City. In the event that City authorizes Consultant to use a Subcontractor, Consultant shall enter into a written agreement with the Subcontractor, which must include all provisions of the Agreement, including a restriction on the Subcontractor's use of further independent contractors, subcontractors or subconsultants without the City's prior written consent. 3.7.3 Delivery of Notices. All notices permitted or required under this Agreement shall be given to the respective parties at the following address, or at such other address as the BB&K (2020) -11- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 respective parties may provide in writing for this purpose: Consultant: [***INSERT BUSINESS NAME***] [***INSERT STREET ADDRESS***] [***INSERT CITY STATE ZIP***] ATTN: [***INSERT NAME AND TITLE***] City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 ATTN: [***INSERT NAME AND TITLE***] Such notice shall be deemed made when personally delivered or when mailed, forty-eight (48) hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at its applicable address. Actual notice shall be deemed adequate notice on the date actual notice occurred, regardless of the method of service. 3.7.4 Ownership of Materials and Confidentiality. 3.7.4.1 Documents & Data; Licensing of Intellectual Property. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement ("Documents & Data"). All Documents & Data shall be and remain the property of City, and shall not be used in whole or in substantial part by Consultant on other projects without the City's express written permission. Within thirty (30) days following the completion, suspension, abandonment or termination of this Agreement, Consultant shall provide to City reproducible copies of all Documents & Data, in a form and amount required by City. City reserves the right to select the method of document reproduction and to establish where the reproduction will be accomplished. The reproduction expense shall be borne by City at the actual cost of duplication. In the event of a dispute regarding the amount of compensation to which the Consultant is entitled under the termination provisions of this Agreement, Consultant shall provide all Documents & Data to City upon payment of the undisputed amount. Consultant shall have no right to retain or fail to provide to City any such documents pending resolution of the dispute. In addition, Consultant shall retain copies of all Documents & Data on file for a minimum of fifteen (15) years following completion of the Project, and shall make copies available to City upon the payment of actual reasonable duplication costs. Before destroying the Documents & Data following this retention period, Consultant shall make a reasonable effort to notify City and provide City with the opportunity to obtain the documents. 3.7.4.2 Subconsultants. Consultant shall require all subconsultants to agree in writing that City is granted a non-exclusive and perpetual license for any Documents & Data the subconsultant prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents & Data. Consultant makes no such representation and warranty in regard to Documents & Data which were prepared by design professionals other than Consultant or its subconsultants, or those provided to Consultant by the City. BB&K (2020) -12- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 3.7.4.3 Right to Use. City shall not be limited in any way in its use or reuse of the Documents and Data or any part of them at any time for purposes of this Project or another project, provided that any such use not within the purposes intended by this Agreement or on a project other than this Project without employing the services of Consultant shall be at City's sole risk. If City uses or reuses the Documents & Data on any project other than this Project, it shall remove the Consultant's seal from the Documents & Data and indemnify and hold harmless Consultant and its officers, directors, agents and employees from claims arising out of the negligent use or re -use of the Documents & Data on such other project. Consultant shall be responsible and liable for its Documents & Data, pursuant to the terms of this Agreement, only with respect to the condition of the Documents & Data at the time they are provided to the City upon completion, suspension, abandonment or termination. Consultant shall not be responsible or liable for any revisions to the Documents & Data made by any party other than Consultant, a party for whom the Consultant is legally responsible or liable, or anyone approved by the Consultant. 3.7.4.4 Indemnification. Consultant shall defend, indemnify and hold the City, its directors, officials, officers, employees, volunteers and agents free and harmless, pursuant to the indemnification provisions of this Agreement, for any alleged infringement of any patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any person or entity in consequence of the use on the Project by City of the Documents & Data, including any method, process, product, or concept specified or depicted. 3.7.4.5 Confidentiality. All ideas, memoranda, specifications, plans, procedures, drawings, descriptions, computer program data, input record data, written information, and other Documents & Data either created by or provided to Consultant in connection with the performance of this Agreement shall be held confidential by Consultant. Such materials shall not, without the prior written consent of City, be used by Consultant for any purposes other than the performance of the Services. Nor shall such materials be disclosed to any person or entity not connected with the performance of the Services or the Project. Nothing furnished to Consultant which is otherwise known to Consultant or is generally known, or has become known, to the related industry shall be deemed confidential. Consultant shall not use City's name or insignia, photographs of the Project, or any publicity pertaining to the Services or the Project in any magazine, trade paper, newspaper, television or radio production or other similar medium without the prior written consent of City. 3.7.4.6 Confidential Information. The City shall refrain from releasing Consultant's proprietary information ("Proprietary Information") unless the City's legal counsel determines that the release of the Proprietary Information is required by the California Public Records Act or other applicable state or federal law, or order of a court of competent jurisdiction, in which case the City shall notify Consultant of its intention to release Proprietary Information. Consultant shall have five (5) working days after receipt of the release notice to give City written notice of Consultant's objection to the City's release of Proprietary Information. Consultant shall indemnify, defend and hold harmless the City, and its officers, directors, employees, and agents from and against all liability, loss, cost or expense (including attorney's fees) arising out of a legal action brought to compel the release of Proprietary Information. City shall not release the Proprietary Information after receipt of an objection notice unless either: (1) Consultant fails to fully indemnify, defend (with City's choice of legal counsel), and hold City harmless from any legal action brought to compel such release; and/or (2) a final and non -appealable order by a court of competent jurisdiction requires that City release such information. BB&K (2020) -13- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 3.7.5 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. 3.7.6 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. 3.7.7 Attorneys' Fees. If either party commences an action against the other party, either legal, administrative or otherwise, arising out of or in connection with this Agreement, the prevailing party in such litigation shall be entitled to have and recover from the losing party reasonable attorneys' fees and all costs of such action. 3.7.8 Governing Law. This Agreement shall be governed by the laws of the State of California. Venue shall be in Riverside County. In addition to any and all contract requirements pertaining to notices of and requests for compensation or payment for extra work, disputed work, claims and/or changed conditions, Consultant must comply with the claim procedures set forth in Government Code sections 900 et sea. prior to filing any lawsuit against the City. Such Government Code claims and any subsequent lawsuit based upon the Government Code claims shall be limited to those matters that remain unresolved after all procedures pertaining to extra work, disputed work, claims, and/or changed conditions have been followed by Consultant. If no such Government Code claim is submitted, or if any prerequisite contractual requirements are not otherwise satisfied as specified herein, Consultant shall be barred from bringing and maintaining a valid lawsuit against the City. 3.7.9 Time of Essence. Time is of the essence for each and every provision of this Agreement. 3.7.10 City's Right to Employ Other Consultants. City reserves right to employ other consultants in connection with this Project. 3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns of the parties. 3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Consultant shall not subcontract any portion of the Services required by this Agreement, except as expressly stated herein, without prior written approval of City. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. 3.7.13 Construction; References; Captions. Since 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. Any term referencing time, days or period for performance shall be deemed calendar days and not work days. All references to Consultant include all personnel, employees, agents, and subconsultants of Consultant, except as otherwise specified in this Agreement. All references to City include its elected officials, officers, employees, agents, and volunteers except as otherwise specified in this Agreement. The captions of the various articles and paragraphs are for convenience and ease BB&K (2020) -14- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this Agreement. 3.7.14 Amendment; Modification. No supplement, modification, or amendment of this Agreement shall be binding unless executed in writing and signed by both Parties. 3.7.15 Waiver. No waiver of any default shall constitute a waiver of any other default or breach, whether of the same or other covenant or condition. No waiver, benefit, privilege, or service voluntarily given or performed by a Party shall give the other Party any contractual rights by custom, estoppel, or otherwise. 3.7.16 No Third -Party Beneficiaries. There are no intended third party beneficiaries of any right or obligation assumed by the Parties. 3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalid, illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisions shall continue in full force and effect. 3.7.18 Prohibited Interests. Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. Consultant further agrees to file, or shall cause its employees or subconsultants to file, a Statement of Economic Interest with the City's Filing Officer as required under state law in the performance of the Services. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no member, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom. 3.7.19 Authority to Enter Agreement. Consultant 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. 3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute an original. 3.7.21 Survival. All rights and obligations hereunder that by their nature are to continue after any expiration or termination of this Agreement, including, but not limited to, the indemnification obligations, shall survive any such expiration or termination. SIGNATURE PAGE TO PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND [***INSERT NAME***] BB&K (2020) -15- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on the day and year first above written. CITY OF BALDWIN PARK Approved By. - [INSERT NAME] [INSERT TITLE] Attested By. City Clerk Approved as to Form: Best Best & Krieger LLP City Attorney [INSERT NAME OF CONSULTANT] [if Corporation, TWO SIGNATURES, President OR Vice President AND Secretary OR Treasurer REQUIRED] By: Its: Printed Name: By: Its: Printed Name: BB&K (2020) -16- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 EXHIBIT "A" SCOPE OF SERVICES [***INSERT SCOPE***] BB&K (2020) Exhibit "A"-1 PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 EXHIBIT "B" SCHEDULE OF SERVICES [***INSERT SCHEDULE"] BB&K (2020) Exhibit "B"-1 PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 EXHIBIT "C" COMPENSATION [***INSERT RATES & AUTHORIZED REIMBURSABLE EXPENSES***] JAIL FACILITY LAYOUT Attachment ^ ITEM NO. 5 FROM: sAl GABRIEL "" b DATE: �n JA+Ww SUBJECT Honorable Mayor and Members of the City Council Robert Lopez, Chief of Police August 7, 2024 Approval of Payment for Automated License Plate Readers ("ALPR") Camera Subscription from Flock Safety (Flock Group, Inc.) for Fiscal Years 2022-23 and 2023-24 SUMMARY This report seeks authorization from the City Council to approve payment for two invoices from Flock Safety ("Flock") for the continued lease of 30 Automated License Plate Readers "ALPR" cameras from December 27, 2022, to December 26, 2023, and December 27, 2023, to December 26, 2024 RECOMMENDATION It is recommended that the City Council 1. Approve the payment of two invoices (INV-37827 and INV-37828) for the continued lease of thirty (30) Automated License Plate Reader Cameras from Flock Group INC., for the periods specified above, each in the amount of $78,500.00, for a total of $157,000.00; and 2. Authorize the Director of Finance to transfer the funds previously approved and allocated in the Police Department budget line item 100-30-310-51100-00000 (Consultant Services) to 100-30-310-58140- 00000 (Lease Expense) and process the payments; and 3. Authorize the Chief of Police or his designee to complete all appropriate documentation to process the payments. FISCAL IMPACT There is no impact on the budget. The total amount of $157,000.00, comprising two invoices of $78,500.00 each, has already been allocated and approved by the City Council during the respective fiscal years for the Police Department under line item 1.00-30-310-51100-00000. A line -item transfer is required to capture these expenses under the appropriate expense category of Lease Expense. These funds were previously budgeted and set aside for this purpose, and the payment of these invoices will not require any additional appropriation. BACKGROUND On December 15, 2021, the City Council approved a one-year lease of thirty (30) Automated License Plate Reader Cameras from Flock Group INC. in an amount not to exceed $86,000. It's important to note that Flock Safety delayed billing until all cameras were fully installed and validated. This process was completed on April 1, 2024, at which point Flock Safety issued invoices for both the 2022-23 and 2023-24 fiscal years. Now that all cameras are operational and validated, payment for both fiscal years is due. Due to the City's purchasing policy, City Council approval is required for expenses that exceed $50,000.00. Page I / 2 DISCUSSION The ALPR technology has proven to be a valuable tool for the Police Department in locating stolen vehicles and solving crimes where automobiles have been used. The Flock system provides coverage throughout the community with system maintenance provided by the vendor. Flock Safety is a technology company that provides Automated License Plate Reader (ALPR) systems to law enforcement agencies, offering a network of cameras and software designed to help solve and reduce crime It also includes a two-year warranty, Criminal Justice Information Services (CJIS) compliant cloud -based hosting, unlimited user licenses, ongoing software enhancements, camera setup, mounting, shipping, handling, and a cellular connection. ALTERNATIVES None LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Invoice INV-37827 for $78,500.00 (Period: 12/27/2022 - 12/26/2023) from Flock Group Inc. 2. Invoice INV-37828 for $78,500.00 (Period: 12/27/2023 - 12/26/2024) from Flock Group Inc. Page 2 / 2 f i0ock safety INVOICE Flock Group Inc dba Flock Safety www.flocksafety.com Bill CA - Baldwin Park PD To: 14403 Pacific Ave Baldwin Park, California, 91706 Billing Company Name: CA - Baldwin Park PD Billing Contact Name: Billing Email Address: Notes: CA - Baldwin Park PD 12/22 - 12/23 Invoice Number INV-37827 Invoice Date: 4/1/2024 Due Date: 5/1/2024 Payment Terms: Net 30 PO#: Ship To: CA - Baldwin Park PD 14403 Pacific Avenue Baldwin Park, California 91706 Payment Terms: Net 30 Contracted Billing Structure: Annual Unless otherwise noted on the Order Form, the Term shall commence upon first installation and validation of Flock Hardware. Link to Location of Services: Subtotal: $78,500.00 Sales Tax: $0.00 Credit: $0.00 Payments: $0.00 Balance Due: $78,500.00 If you have questions about your invoice or need to update your billing contact information, please email biilin filoeksafety.com or call 866-901-1781, option 3. f i*ock safety Flock Group Inc dba Flock Safety www.flocksafet .corn Invoice Number INV-37827 Invoice Date: 4/1/2024 Due Date: 5/1/2024 Payment Terms: Net 30 PO#: INVOICE Payment Remittance Information Pay by Check: Pay by ACH: Payable to: Flock Group Inc Account Legal Name: Flock Group Inc. Memo: INV-37827 Account Number: 3302113966 Mail to: PO Box 121923 Account Type: Checking Dallas, TX 75312-1923 Routing / SWIFT Code: 121140399 / SVBKUS6S If paying by check, please include the remittance slip below. If paying by ACH, please include your invoice number in the memo section of the ACH transfer request. By paying this invoice, 1, the customer, agree to the terms and conditions listed at https://www.flocksafety.com/terms-and-conditions Please be aware that failure to pay the invoice by the due date may result in an interest penalty or disconnection of service, as specified in your contract. .............................................................................................................................. Detach and Return with Payment Make Checks Payable to: Flock Group Inc If sending via Flock Group Inc Account: LISPS: PO Box 121923 Dallas, TX 75312-1923 Invoice # Or If sending via Flock Group Inc Amount Due UPS, FedEx or 891923 LISPS: 1501 North Plano Rd. ste 100 Richardson, TX 75081 Amount Enclosed I NV-37827 $78,500.00 f i0ock safety INVOICE Flock Group Inc dba Flock Safety www.flocksafety.com Bill CA - Baldwin Park PD To: 14403 Pacific Ave Baldwin Park, California, 91706 Billing Company Name: CA - Baldwin Park PD Billing Contact Name: Billing Email Address: CA - Baldwin Park PD 12/23 - 12/24 Notes: Period 12/27/23 through 12/26/24. Invoice Number INV-37828 Invoice Date: 4/1/2024 Due Date: 5/1/2024 Payment Terms: Net 30 PO#: Ship To: CA - Baldwin Park PD 14403 Pacific Avenue Baldwin Park, California 91706 Payment Terms: Net 30 Contracted Billing Structure: Annual Unless otherwise noted on the Order Form, the Term shall commence upon first installation and validation of Flock Hardware. Link to Location of Services: Subtotal: $78,500.00 Sales Tax: $0.00 Credit: $0.00 Payments: $0.00 Balance Due: $78,500.00 If you have questions about your invoice or need to update your billing contact information, please email biilin ftocksafety.com or call 866-901-1781, option 3. f i*ock safety Flock Group Inc dba Flock Safety www.flocksafet .corn Invoice Number INV-37828 Invoice Date: 4/1/2024 Due Date: 5/1/2024 Payment Terms: Net 30 PO#: INVOICE Payment Remittance Information Pay by Check: Pay by ACH: Payable to: Flock Group Inc Account Legal Name: Flock Group Inc. Memo: INV-37828 Account Number: 3302113966 Mail to: PO Box 121923 Account Type: Checking Dallas, TX 75312-1923 Routing / SWIFT Code: 121140399 / SVBKUS6S If paying by check, please include the remittance slip below. If paying by ACH, please include your invoice number in the memo section of the ACH transfer request. By paying this invoice, 1, the customer, agree to the terms and conditions listed at https://www.flocksafety.com/terms-and-conditions Please be aware that failure to pay the invoice by the due date may result in an interest penalty or disconnection of service, as specified in your contract. .............................................................................................................................. Detach and Return with Payment Make Checks Payable to: Flock Group Inc If sending via Flock Group Inc Account: LISPS: PO Box 121923 Dallas, TX 75312-1923 Invoice # Or If sending via Flock Group Inc Amount Due UPS, FedEx or 891923 LISPS: 1501 North Plano Rd. ste 100 Richardson, TX 75081 Amount Enclosed c $78,500.00 ITEM NO. 6 TO: Honorable Mayor and Members of the City Council FROM: Shirley Quinones, Chief Deputy City Clerk siEL�� PREPARED BY: Norma Tabares, City Attorney JArruw DATE: August 7, 2024 SUBJECT: Consideration of Adoption of Resolution No. 2024-040 Authorizing the Chief Executive Officer to Enter into the Settlement Agreement with Kroger Co., Revert Funds to the County of Los Angeles, and to Execute any Documents Necessary to Implement the Action SUMMARY In the last few years, states and cities across the United States brought litigation against the three largest pharmaceutical distributors of opioid painkillers, Amerisource Bergen, Cardinal Health, and McKesson (the "Distributors"), and the opioid painkiller manufacturer, Janssen (owned by Johnson & Johnson) ("J&J"), which resulted in two proposed settlements totaling approximately $26 billion dollars. Between November and December 2022, five additional parties entered into National Opioid Settlements with terms identical to the Distributors/J&J Settlements. The City has opted into every previous round of opioid settlements. On June 7, 2024, Kroger Co. reached a tentative settlement regarding its outstanding opioid distribution claims. The City can opt into this new settlement, thereby releasing its claims against Kroger. Co, in order to receive a maximum of $23,058, paid out over a period of 11 years. The funds are restricted to certain opioid abatement/remediation uses. The City can either allow the funds to be used by Los Angeles County or elect to use the funds itself subject to reporting requirements to the state. Alternatively, the City can take no action, thereby opting out of the settlement, while maintaining its right to pursue litigation against the Kroger Co. RECOMMENDATION Unless the City intends to pursue its own litigation against Kroger Co., it is recommended that the City Council opt into the Settlement Agreement, revert settlement funds to the County of Los Angeles, and authorize the Chief Executive Officer to execute any documents necessary to implement the action. FISCAL IMPACT Approval of the settlement will result in gross payments of up to $23,058 for opioid abatement over a I1-year period. If the City elects direct payments, the City would have associated staff costs to administer and report on its use of the funds. If the City elects for payment to the County of Los Angeles, the settlement funds will remain with the County, and the City would have no associated staff costs to administer and report on its use of the funds. BACKGROUND A. Allocation of Funds Litigation against the Kroger has resulted in a proposed settlement totaling approximately $1.2 billion, which will be paid out over 11 years. Of this amount, California is to receive approximately $122 million and is to distribute these funds pursuant to intrastate allocation agreements for the new settlement. Page 1 / 3 As outlined in the Intrastate Allocation Agreements, Settlement Fund payments due to the State of California are allocated as follows: 15% to the State Fund; 70% to the California Abatement Accounts Fund; and 15% to the California Subdivision Fund. This results in the State receiving 15% of the payments allocated to California and local subdivisions receiving the remaining 85%. The percentages paid out to the California Subdivision Fund are reserved for entities that participated in the litigation of the claims giving rise to the settlement agreements. The percentages paid out to local subdivisions that did not litigate (such as Baldwin Park), but choose to opt into the settlement, comes from the share of the settlement proceeds that are placed in the California Abatement Accounts Fund. Essentially, this means that the City of Baldwin Park, if it chooses to opt into the settlement, is entitled to receive a percentage share from the California Abatement Accounts Fund. The City of Baldwin Park has been allocated 0.027% of the 70% of the approximately $122 million (i.e., best case scenario), which is equal to $23,058. This total amount will be disbursed over a period of 11 years, with payments decreasing as each settlement finishes paying out. The first payments are scheduled to occur in the latter half of 2024. After the receipt of these initial payments, further payments will be received annually thereafter. As stated above, the ultimate settlement amount is not yet known because of the bonus structure built into the agreements. The default distribution of funds in the settlement agreements provides that the funds will go directly to the county in which a city is located. A city can elect to have its funds delivered directly to the city by providing notice in the settlement agreements. Additionally, a city within a county may opt in or out of direct payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the settlement fund administrators at least 60 days prior to a payment date. In deciding whether to allow a city's funds to go directly to the county in which a city is located, a city should consider the following: (1) whether the amount of money is substantial enough for the city to handle on its own; (2) whether the city offers the services and has the employees to spend the money in accordance with its prescribed uses; and (3) whether the city wants to engage in the reporting requirements over the course of the next 12 years (I I years of distribution and an additional year following final distribution). B. Use of Received Funds Similar to the other opioid settlements, funds received from this additional settlement must be used for future opioid remediation or abatement. For instance, participating subdivisions may use funds for areas such as services to treat opioid use disorder; support people in treatment and recovery; connect people to care; address needs of criminal justice -involved persons; address the needs of pregnant or parenting women and their families, including babies with neonatal abstinence syndrome; prevent over -prescribing and ensure appropriate prescribing and dispensing of opioids; prevent misuse of opioids; prevent overdose deaths and other harms; provide leadership, planning, and coordination of programs; provide training; and conduct research. The Intrastate Allocation Agreements also provide spending limitations in addition to those provided in the settlement agreements. Under the Intrastate Allocation Agreements, no less than 50% of the funds received in each calendar year will be used for one or more of the following High Impact Abatement Activities: (1) the provision of matching funds or operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (2) creating new or expanded Substance Use Disorder ("SUD") treatment infrastructure; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD; (4) diversion of people with SUD from the justice system into treatment, including by providing training and resources to first and early responders (sworn and non -sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; and/or Page 2 / 3 (5) interventions to prevent drug addiction in vulnerable youth. In addition to these requirements, there is also a time limit on the spending of received funds. If funds are not expended or encumbered within five years of receipt and in accordance with the settlement agreements and the Intrastate Allocation Agreements, the funds are required to be transferred back to the State. C. Management of Funds Each county and city that receives payment of funds from the settlement must prepare a written report at least annually regarding the use of those funds until the funds are fully expended and for one year thereafter. Each county and city will need to track all deposits and expenditures. This report will also include a certification that all funds received have been used in compliance with the allocation agreements. The California Department of Healthcare and Services ("DHCS") may review the report to determine compliance with the settlement agreements and the Intrastate Allocation Agreement. If the DHCS determines that a participating subdivision's use of abatement funds is inconsistent with the settlement agreements or Intrastate Allocation Agreements, the parties are required to meet and confer. If the meet and confer process does not provide a resolution, the DHCS may conduct an audit, which can lead to a court action if the matter is still not resolved after an audit. D. Opting In The City must opt into the settlement by August 12, 2024, which requires the City to release its claims against Kroger Co.. The attached Resolution No. 2024-040 authorizes the Chief Executive Officer to enter into the Settlement Agreement, revert funds to the County of Los Angeles, and to execute any documents necessary to implement the action. A sample of the Settlement Agreement is attached to Resolution No. 2024-040 (final documents will be separately provided to the City for execution). If the City Council takes no action, it will effectively opt out of the settlement and Baldwin Park's designated funds will flow to the State. By opting out of the settlement, the City would still have the opportunity to bring its own action against Kroger Co. ALTERNATIVES The City may elect, at its own cost and expense, to pursue its own litigation against the Kroger Co. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Resolution No. 2020-040 2. Exhibit A - Settlement Agreement Page 3 / 3 ATTACHMENT 1 RESOLUTION NO. 2024-040 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CALIFORNIA AUTHORIZING THE CHIEF EXECUTIVE OFFICER TO ENTER INTO THE SETTLEMENT AGREEMENT WITH KROGER CO. AS PART OF A NATIONAL OPIOID SETTLEMENT, REVERT FUNDS TO THE COUNTY OF LOS ANGELES, AND TO EXECUTE ANY DOCUMENTS NECESSARY TO IMPLEMENT THE ACTION WHEREAS, the United States is facing an ongoing public health crisis of opioid abuse, addiction, overdose, and death, forcing the State of California and California counties and cities to spend billions of dollars each year to address the direct consequences of this crisis; and, WHEREAS, pending in the U.S. District Court for the Northern District of Ohio is a multidistrict litigation ("MDL") being pursued by numerous public entity plaintiffs against the manufacturers and distributors of various opioids based on the allegation that the defendants' unlawful conduct caused the opioid epidemic; and WHEREAS in 2024, a proposed nationwide tentative settlement (the "Settlement Agreement") was reached between the plaintiffs in the MDL and Kroger Co. ("Settling Defendant"); and WHEREAS, as part of the settlement with the Settling Defendant, local subdivisions, including certain cities, that are not plaintiffs in the MDL may participate in the settlements in exchange for a release of the Settling Defendant; and WHEREAS, a copy of the Settlement Agreement has been provided to the City Council with this Resolution; and WHEREAS, the Settlement Agreement provides, among other things, for the payment of a $23,058 to the City of Baldwin Park over an 11-year period ("Settlement Funds"), or about $2,000 per year. The City may accept the direct payment of the Settlement Funds or revert the funds to the County of Los Angeles; and WHEREAS, if the City elects the direct payment of Settlement Funds, it must use the Settlement Funds for future opioid remediation or abatement programs or services. The City must also prepare a detailed written report annually regarding the use of Settlement Funds and track all expeditures and deposits; and WHEREAS, the intent of this Resolution is to authorize the City to enter into the Settlement Agreement with the Settling Defendant and to revert the Settlement Funds to the County of Los Angeles. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AS FOLLOWS: SECTION 1. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The Chief Executive Officer is authorized to settle and release the City's claims against the Settling Defendant in exchange for the consideration set forth in the Settlement Agreement and to execute any documents necessary to implement the action. SECTION 3. The City Council finds this Resolution is not subject to the California Environmental Quality Act (CEQA) in that the activity is covered by the general rule that CEQA applies only to projects which have the potential for causing a significant effect on the environment. Where it can be seen with certainty, as in this case, that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. SECTION 4. Certification. The Mayor shall sign this Resolution and the City Clerk shall certify to the adoption thereof. PASSED, APPROVED AND ADOPTED this 7t" day of August, 2024. EMMANUEL J. ESTRADA MAYOR Resolution No. 2024-040 Page 2 of 3 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. 2024-040 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 7tn day of August, 2024 by the following vote: AYES: NOES: ABSENT: ABSTAIN: CHRISTOPHER SAENZ CITY CLERK Resolution No. 2024-040 Page 3 of 3 Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 Subdivision Participation and Release Form Governmental Entity: Baldwin Park city State: CA Authorized Signatory: Address 1: Address 2: City, State, Zip: Phone: Email: The governmental entity identified above ("Governmental Entity"), in order to obtain and in consideration for the benefits provided to the Governmental Entity pursuant to the Settlement Agreement dated March 22, 2024 ("Kroger Settlement"), and acting through the undersigned authorized official, hereby elects to participate in the Kroger Settlement, release all Released Claims against all Released Entities, and agrees as follows. 1. The Governmental Entity is aware of and has reviewed the Kroger Settlement, understands that all terms in this Participation and Release Form have the meanings defined therein, and agrees that by executing this Participation and Release Form, the Governmental Entity elects to participate in the Kroger Settlement and become a Participating Subdivision as provided therein. 2. The Governmental Entity shall promptly, and in any event no later than 14 days after the Reference Date and prior to the filing of the Consent Judgment, dismiss with prejudice any Released Claims that it has filed. With respect to any Released Claims pending in In re National Prescription Opiate Litigation, MDL No. 2804, the Governmental Entity authorizes the Plaintiffs' Executive Committee to execute and file on behalf of the Governmental Entity a Stipulation of Dismissal with Prejudice substantially in the form found at https://nationalopioidsettlement.com/. 3. The Governmental Entity agrees to the terms of the Kroger Settlement pertaining to Participating Subdivisions as defined therein. 4. By agreeing to the terms of the Kroger Settlement and becoming a Releasor, the Governmental Entity is entitled to the benefits provided therein, including, if applicable, monetary payments beginning after the Effective Date. 5. The Governmental Entity agrees to use any monies it receives through the Kroger Settlement solely for the purposes provided therein. 6. The Governmental Entity submits to the jurisdiction of the court in the Governmental Entity's state where the Consent Judgment is filed for purposes limited to that court's role as provided in, and for resolving disputes to the extent provided in, the Kroger Settlement. The Governmental Entity likewise agrees to arbitrate before the National Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 Arbitration Panel as provided in, and for resolving disputes to the extent otherwise provided in, the Kroger Settlement. 7. The Governmental Entity has the right to enforce the Kroger Settlement as provided therein. 8. The Governmental Entity, as a Participating Subdivision, hereby becomes a Releasor for all purposes in the Kroger Settlement, including without limitation all provisions of Section XI (Release), and along with all departments, agencies, divisions, boards, commissions, districts, instrumentalities of any kind and attorneys, and any person in their official capacity elected or appointed to serve any of the foregoing and any agency, person, or other entity claiming by or through any of the foregoing, and any other entity identified in the definition of Releasor, provides for a release to the fullest extent of its authority. As a Releasor, the Governmental Entity hereby absolutely, unconditionally, and irrevocably covenants not to bring, file, or claim, or to cause, assist or permit to be brought, filed, or claimed, or to otherwise seek to establish liability for any Released Claims against any Released Entity in any forum whatsoever. The releases provided for in the Kroger Settlement are intended by the Parties to be broad and shall be interpreted so as to give the Released Entities the broadest possible bar against any liability relating in any way to Released Claims and extend to the full extent of the power of the Governmental Entity to release claims. The Kroger Settlement shall be a complete bar to any Released Claim. 9. The Governmental Entity hereby takes on all rights and obligations of a Participating Subdivision as set forth in the Kroger Settlement. 10.In connection with the releases provided for in the Kroger Settlement, each Governmental Entity expressly waives, releases, and forever discharges any and all provisions, rights, and benefits conferred by any law of any state or territory of the United States or other jurisdiction, or principle of common law, which is similar, comparable, or equivalent to § 1542 of the California Civil Code, which reads: General Release; extent. A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release that, if known by him or her would have materially affected his or her settlement with the debtor or released party. A Releasor may hereafter discover facts other than or different from those which it knows, believes, or assumes to be true with respect to the Released Claims, but each Governmental Entity hereby expressly waives and fully, finally, and forever settles, releases and discharges, upon the Effective Date, any and all Released Claims that may exist as of such date but which Releasors do not know or suspect to exist, whether through ignorance, oversight, error, negligence or through no fault whatsoever, and which, if known, would materially affect the Governmental Entities' decision to participate in the Kroger Settlement. 0ON 2NI Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 11. Nothing herein is intended to modify in any way the terms of the Kroger Settlement, to which Governmental Entity hereby agrees. To the extent this Participation and Release Form is interpreted differently from the Kroger Settlement in any respect, the Kroger Settlement controls. I have all necessary power and authorization to execute this Participation and Release Form on behalf of the Governmental Entity. Signature: Name: Title: Date: Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 W717FITYrI I�*Iqrm%lw 9MUMM" Regarding Distribution and Use of Settlement Funds — Kroger Settlement Ira ITIMOtt Pursuant to the Kroger Settlement Agreement, dated as of March 22, 2024, and any revision thereto as well as any modification thereto entered into by the State of California and Kroger (the "Kroger Settlement Agreement"), including Section V and Exhibit 0, the State of California proposes this agreement (the "CA Kroger Allocation Agreement") to govern the allocation, distribution, and use of Settlement Fund payments made to California pursuant to Sections IV and V of the Kroger Settlement Agreement. For the avoidance of doubt, this agreement does not apply to payments made pursuant to Section IX of the Kroger Settlement Agreement. Pursuant to Exhibit 0, Paragraph 4, of the Kroger Settlement Agreement, acceptance of this CA Kroger Allocation Agreement is a requirement to be an Initial Participating Subdivision. "sooni-IMM", "I a) CA Participating Subdivision means a Participating Subdivision that is also (a) a Plaintiff Subdivision and/or (b) a Primary Subdivision with a population equal to or greater than 10,000. For the avoidance of doubt, eligible CA Participating Subdivisions are those California subdivisions listed in Exhibit C (excluding Litigating Special Districts) and/or Exhibit I to the Kroger Settlement Agreement. b) A Hergan Settlement Agreement means the Allergan Settlement Agreement dated November 22, 2022, and any revision thereto. c) CVS Settlement Agreement means the CVS Settlement Agreement dated December 9, 2022, and any revision thereto as well as any modification thereto entered into by the State of California and CVS. d) Distributor Settlement Agreement means the Distributor Settlement Agreement dated July 21, 2021, and any revision thereto. e) Janssen Settlement Agreement means the Janssen Settlement Agreement dated July 21, 2021, and any revision thereto. I) Teva Settlement Agreement means the Teva Settlement Agreement dated November 22, 2022, and any revision thereto. g) Walgreens Settlement Agreement means the Walgreens Settlement Agreement dated December 9, 2022, and any revision thereto. h) Walmart Settlement Agreement means the Walmart Settlement Agreement dated November 14, 2022, and any revision thereto. i) CA Litigating Special District means a Litigating Special District located in California. CA Litigating Special Districts include Downey Unified School District, MINN. Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 Elk Grove Unified School District, Kern High School District, Montezuma Fire Protection District (located in Stockton, California), Santa Barbara San Luis Obispo Regional Health Authority, Inland Empire Health Plan, Health Plan of San Joaquin, San Leandro Unified School District, Pleasant Valley School District Board, and LA Care Health Plan. j) Plaintiff Subdivision means a Subdivision located in California, other than a CA Litigating Special District, that filed a lawsuit, on behalf of the Subdivision and/or through an official of the Subdivision on behalf of the People of the State of California, against one or more Opioid Defendants prior to October 1, 2020. k) Opioid Defendant means any defendant (including but not limited to Kroger Co., Walgreen Co., Teva Pharmaceutical Industries Ltd., Allergan Finance, LLC, Allergan Limited, CVS Health Corporation, CVS Pharmacy, Inc., Walmart Inc., Johnson & Johnson, Janssen Pharmaceuticals, Inc., Purdue Pharma L.P., Cardinal Health, Inc., AmerisourceBergen Corporation, and McKesson Corporation) named in a lawsuit seeking damages, abatement, or other remedies related to or caused by the opioid public health crisis in any lawsuit brought by any state or local government on or before October 1, 2020. 3. General Terms This agreement is subject to the requirements of the Kroger Settlement Agreement, as well as applicable law, and the Kroger Settlement Agreement governs over any inconsistent provision of this CA Kroger Allocation Agreement. Terms used in this CA Kroger Allocation Agreement have the same meaning as in the Kroger Settlement Agreement unless otherwise defined herein. Pursuant to Section V(D)(1) of the Kroger Settlement Agreement, (a) all Settlement Fund payments will be used for Opiold Remediation, except as allowed by Section V(B)(2) of the Kroger Settlement Agreement; and (b) at least seventy percent (70%) of Settlement Fund payment amounts will be used solely for future Opioid Remediation. The Settlement Fund payments to Californiapursuant to the Kroger Settlement Agreement, shall be allocated as follows: 15% to the State Fund; 70% to the Abatement Accounts Fund; and 15% to the Subdivision Fund. For the avoidance of doubt, all funds allocated to California from the Settlement Fund shall be combined pursuant to this CA Kroger Allocation Agreement, and 15% of that total shall be allocated to the State of California (the "State of California Allocation"), 70% to the California Abatement Accounts Fund ("CA Abatement Accounts Fundand 15% to the California Subdivision Fund ("CA Subdivision ' For purposes of clarity, use of the term "California" refers to the geographic territory of California and the state and its local governments therein. The term "State" or "State of California" refers to the State of California as a governmental unit. 2 FE I %ft. Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 Fifteen percent of the total Settlement Fund payments will be allocated to the State and used by the State for future Oplold Remediation. 1�111r�11��111� 111♦1 � 11 11711111 1211 a) Seventy percent of the total Settlement Fund payments will be allocated to the CA Abatement Accounts Fund. The funds in the CA Abatement Accounts Fund will be allocated based on the allocation model developed in connection with the proposed negotiating class in the National Prescription Opiate Litigation (MDL No. 2804), as adjusted to reflect only those cities and counties that are eligible, based on population or litigation status, to become a CA Participating Subdivision. The percentage from the CA Abatement Accounts Fund allocated to each CA Participating Subdivision is set forth in Appendix I in the column entitled abatement percentage (the "Local Allocation"). For the avoidance of doubt, CA Litigating Special Districts and California towns, cities, and counties with a population less than 10,000 are not eligible to receive an allocation of CA Abatement Accounts Funds. b) A CA Participating Subdivision that is a county, or a city and county, will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision, and will receive payments as provided in the Kroger Settlement Agreement. c) A CA Participating Subdivision that is a city will be allocated its Local Allocation share as of the date on which it becomes a Participating Subdivision. The Local Allocation share for a city that is a CA Participating Subdivision will be paid to the county in which the city is located, rather than to the city, so long as: (a) the county is a CA Participating Subdivision, and (b) the city did not elect to receive its share of funds in the National Opioids Settlement with Distributors AmerisourceBergenCorporation, Cardinal Health, and McKesson Corporation (the "Distributors Settlement"). If a city later changes or has already changed its distribution election in the Distributors Settlement, that change in election will apply here, provided that the change in election is received by the settlement administrator at least 60 days prior to a Payment Date. A Local Allocation share allocated to a city but paid to a county is not required to be spent exclusively for abatement activities in that city, but will become part of the county's share of the CA Abatement Accounts Funds, which will be used in accordance with Section 4.B.ii (Use of CA Abatement Accounts Funds) and reported on in accordance with Section 4.B.iii (CA Abatement Accounts Fund Oversight). d) A city within a county that is a CA Participating Subdivision may opt in or out of direc) payment at any time, and it may also elect direct payment of only a portion of its share, with the remainder going to the county, by providing notice to the Settlement Fund Administrator at least 60 days prior to a Payment Date. For purposes of this CA Kroger Allocation Agreement, the Cities of Los Angeles, Oakland, San Diego, San Jose and Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 Eureka will be deemed to have elected direct payment if they become Participating Subdivisions. e) The State will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county • city that is eligible to become a CA Participating Subdivision, but that has not, as of the date • that payment to the Settlement Fund, become a Participating Subdivision. f) Funds received by a CA Participating Subdivision, and not expended or encumbered within five years of receipt and in accordance with the Kroger Settlement Agreement and this ♦ Kroger Allocation ♦' shall be transferred to the State; provided however, that CA Participating Subdivisions have seven years to expend or encumber CA Abatement Accounts Funds designated to support capital outlay projects before they must be transferred to the State. This provision shall not apply to the Cost Reimbursement Funds, which shall be controlled by Appendix 2. a) The CA Abatement Accounts Funds will be used for future Opioid Remediation in one or more • the areas described in the List of Opiold Remediation Uses, which is Exhibit E to the Kroger Settlement Agreement. b) In addition to this requirement, no less than 50% of the funds received by a CA Participating Subdivision from the Abatement Accounts Fund in each calendar year will be used for one or more of the following High Impact Abatement Activities: (1) the provision of matching funds • operating costs for substance use disorder facilities within the Behavioral Health Continuum Infrastructure Program; (3) addressing the needs of communities of color and vulnerable populations (including sheltered and unsheltered homeless populations) that are disproportionately impacted by SUD; (4) diversion of people with SUD from the justice system into treatment, including by providing training • resources to first and early responders (sworn and non -sworn) and implementing best practices for outreach, diversion and deflection, employability, restorative justice, and harm reduction; (5) interventions to prevent drug addiction in vulnerable youth, including but not limitei to, youth in foster care, juvenile justice -impacted youth, youth experiencing adversities related to socioeconomic status, and unhoused youth; and/or (6) the purchase of naloxone for distribution and efforts to expand access to naloxone for opioid overdose reversals. 4 Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 c) The California Department of Health Care Services ("DHCS") may add to this list (but not delete from it) by designating additional High Impact Abatement Activities. DHCS will make reasonable efforts to consult with stakeholders, including the CA Participating Subdivisions, before adding additional High Impact Abatement Activities to this list. d) For the avoidance of doubt, and subject to the requirements of the Kroger Settlement Agreement and applicable law, CA Participating Subdivisions may form agreements or ventures, or otherwise work in collaboration with, federal, state, local, tribal or private sector entities in pursuing Opioid Remediation activities funded from the CA Abatement Accounts Fund. Further, provided that all CA Abatement Accounts Funds are used for Opioid Remediation consistent with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, a county and any cities or towns within the county may agree to reallocate their respective shares of the CA Abatement Accounts Funds among themselves, provided that any direct distribution may only be to a CA Participating Subdivision and any CA Participating Subdivision must agree to their share being reallocated. CA Abatement Accounts Fund Oversight a) Pursuant to Section 5 below, CA Participating Subdivisions receiving settlement funds must prepare and file reports annually regarding the use of those funds. DHCS may regularly review the reports prepared by CA Participating Subdivisions about the use of CA Abatement Accounts Funds for compliance with the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. b) If DHCS determines that a CA Participating Subdivision's use of CA Abatement Accounts Funds is inconsistent with the Kroger Settlement Agreement or this CA Kroger Allocation Agreement, whether through review of reports or information from any other sources, DHCS shall send a request to meet and confer with the CA Participating Subdivision. The parties shall meet and confer in an effort to resolve the concern. Subdivision's use of the CA Abatement Accounts Funds within one year of the request to meet and confer, unless the parties mutually agree in writing to extend the meet and TIT MA I M M MCI M ff M- d) If the concern still cannot be resolved, the State may bring a motion or action in the courl where the State has filed its Consent Judgment to resolve the concern or otherwise enforce the requirements of the Kroger Settlement Agreement or this CA Kroger Allocation Agreement. However, in no case shall any audit be conducted, or motion be brought, as to a specific expenditure of funds, more than five years after the date on which the expenditure of the funds was reported to DHCS, in accordance with this Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 e) Notwithstanding the foregoing, this Agreement does not limit the statutory or constitutional authority of any state or local agency or official to conduct audits, investigations, or other oversight activities, or to pursue administrative, civil, or criminal enforcement actions. i. Fifteen percent of the total Settlement Fund payments will be allocated to the CA Subdivision Fund. All funds in the CA Subdivision Fund will be allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. The funds will be used, subject to any lts imposed by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement, to fund future Opioid Remediation and reimburse past opioid- related expenses, which may include fees and expenses related to litigation, and to pay the reasonable fees and expenses of the Special Master as set forth in Appendix 2. MIMI I I rl�l . • � a) First, funds in the CA Subdivision Fund shall be used to pay the Special Master's reasonable fees and expenses in accordance with the procedures and limitations set forth in Appendix 2 to this document; b) Second, funds will be allocated to Plaintiff Subdivisions that are Initial Participating Subdivisions that have been awarded Costs, as defined by and in accordance with the procedures and limitations set forth in Appendix 2 to this document. c) Funds remaining in the CA Subdivision Fund, which shall consist of no less than 50111: of the total CA Subdivision Fund received in any year pursuant to Appendix 2, Section 2.c.v, will be distributed to Plaintiff Subdivisions that are Initial Participating Subdivisions, in relative proportion to the Local Allocation. These funds shall be used to fund future opioid-related projects and to reimburse past opioid-related expenses, which may include fees and expenses related to litigation against any Opiold Defentant. On August 6, 2021, Judge Dan Polster of the U.S. District Court, Northern District of Ohio, Eastern Division, issued an order (ECF Docket Number 3814) ("MDL Fees Order") in the National Prescription Opiate Litigation (MDL No. 2804) "cap[ping] all applicable contingent fee agreements at 15%." Private counsel representing Plaintiff Subdivisions should seek its contingency fees and costs from the Attorney Fee Fund or Cost Funds under the Kroger Settlement Agreement, and, if applicable, the Teva Settlement Agreement, Allergan Settlement Agreement, CVS Settlement Agreement, Distributor Settlement Agreement, Janssen Settlement Agreement, and Walmart Settlement Agreement. 6 1@111H&L. 000usignEnvelope ID: 31342C0E-34rE-4E3a-8381-7a3178aO3Eu8 pursuant to Exhibit R, section l(CC), of the Kroger Settlement Agreement and the MDL Fees Order, so long as such contingency fees do not exceed a total contingency fee of 15% of the total gross recovery of the Plaintiff Subdivision pursuant to the Kroger Settlement, inclusive of contingency fees from the national Attorney Fee Fund and this State Back -Stop Agreement. Before seeking fees or litigation costs and expenses from a State Back -Stop Agreement, private counsel representing Plaintiff Subdivisions must first seek contingency fees and costs from the Attorney Fee Fund or Cost Funds created under the Kroger Settlement Agreement. Further, private counsel may only seek reimbursement for litigation fees and costs that have not previously been reimbursed through prior settlements or judgments. To effectuate a State Back -Stop Agreement pursuant to this section, an agreement in the form of Appendix 3 may be entered into by a Plaintiff Subdivision, private counsel, and the California Office of the Attorney General. The California Office of the Attorney General shall, upon the request of a Plaintiff Subdivision, execute any agreement executed by a Plaintiff Subdivision and its private counsel if it is in the form of Appendix 3. The California Office of the Attorney General will also consider requests from Plaintiff Subdivisions to execute and enter into agreements presented in other forms. For the avoidance of doubt, this agreement does not require a Plaintiff Subdivision to request enter into a State Back -Stop Agreement, and no State Back -Stop Agreement shall impose any duty or obligation on the State of California or any of its agencies or officers, including witho limitation the Attorney General. I a) DHCS will prepare an annual written report regarding the State's use of funds from the settlement until those funds are fully expended and for one year thereafter. These repo will be made publicly available on the DHCS web site. I b) Each CA Participating Subdivision that receives payments of funds from the settlement will prepare written reports at least annually regarding the use of those funds, until thos funds are fully expended and for one year thereafter. These reports will also include a ti certification that all funds that the CA Participating Subdivision has received through t" settlement have been used in compliance with the Kroger Settlement Agreement and th CA Kroger Allocation Agreement. The report will be in a form reasonably determined by DHCS. Prior to specifying the fom-i of the report DHCS will confer with representatives of the Plaintiff Subdivisions. c) The State and all CA Participating Subdivisions receiving CA Abatement Accounts Funds will track all deposits and expenditures. Each such subdivision is responsible solely for the CA Abatement Accounts Funds it receives. A county is not responsible for oversight, reporting, or monitoring of CA Abatement Accounts Funds received by a city within that county that receives direct payment. Unless otherwise exempt, Subdivisions' expenditures and uses of CA Abatement Accounts Funds and other Settlement Funds will be subject to the normal budgetary and expenditure process of the Subdivision. 7 Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 i,) Each Plaintiff Subdivision receiving CA Subdivision Funds will track all deposits and expenditures, as required by the Kroger Settlement Agreement and this CA Kroger Allocation Agreement. Among other things, Plaintiff Subdivisions using monies from the CA Subdivision Fund for purposes that do not qualify as Opioid Remediation must identify and include in their annual report, the amount and bow such funds were used, including if used to pay attorneys' fees, investigation costs, or litigation costs. Pursuant to Section V(B)(2) of the Kroger Settlement Agreement, such information must also be reported to the Settlement Fund Administrator and Kroger. t) In each year in which DHCS prepares an annual report DHCS will also host a meeting t* discuss the annual report and the Opioid Remediation activities being carried out by the State and Participating Subdivisions. a) The State or any CA Participating Subdivision may bring a motion or action in the court where the State has filed its Consent Judgment to enforce the requirements of this CA Kroger Allocation Agreement. Before filing such a motion or action the State will meet and confer with any CA Participating Subdivision that is the subject of the anticipated motion or action, and vice versa. b) Except as provided in the Kroger Settlement Agreement, this CA Kroger Allocation Agreement is not enforceable by any party other than the State and the CA Participating Subdivisions. It does not confer any rights or remedies upon, and shall not be enforceable by, any third party. c) Except as provided in the CA Kroger Allocation Agreement, if any provision of this agreement or the application thereof to any person, entity, or circumstance shall, to any extent, be invalid or unenforceable, the remainder of this agreement, or the application of such provision to persons, entities, or circumstances other than those as to which it is invalid or unenforceable, will not be affected thereby, and each other provision of this agreement will be valid and enforceable to the fullest extent permitted by law. d) Except as provided in the Kroger Settlement Agreement, this agreement shall be governed by and interpreted in accordance with the laws of California. MIN Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 The undersigned, Baldwin Park city, ACKNOWLEDGES acceptance of this Proposed California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds — Kroger Settlement is a requirement to be an Initial Participating Subdivision in the Kroger Settlement and ACCEPTS this Proposed California State -Subdivision Agreement Regarding Distribution and Use of Settlement Funds — Kroger Settlement. EXECUTED on Signature: Name: Title: Date: 000usignEnvelope ID: 31342C0E-34rE-4E3a-8381-7a3178aO3Eu8 114SCLAIMER: The allocation percentages herein are estimates only and should not be relied on for decisions regarding legal rights, releases, waivers, or other decisions affecting current or potential legal claims. Percentages shown in the Plaintiff Subdivision Percentage column may change pursuant to Section 4.C. of the California State- Subdivision Agreement Regarding Distribution and Use of Settlement Funds —Kroger Settlement, whereas the percentages shown in the Abatement Percentage column should not change, Participating Subdivisions, underlying calculations, and the calculated allocation percentages are subject to change. Regarding the column herein entitled "Abatement Percentage," pursuant to Section 4.13.e., the State of California will receive the Local Allocation share of any payment to the Settlement Fund that is attributable to a county or city that is eligible to become a CA Participating Subdivision, but that has not, as of the date of that payment to the Settlement Fund, become a Participating Subdivisio Regarding the column herein entitled "Plaintiff Subdivision Percentage," payments allocated to a Plaintiff Subdivision, which is no an, Initial Participating Subdivision, will be re -allocated among the Plaintiff Subdivisions that are Initial Participating Subdivisions. Megarding the column herein entitled "Abatement Percentage," the annotation of "100%" refers to one -hundred percent (100%) of the California Abatement Account Funds received, pursuant to Section 4.13. Regarding the column herein entitled "Plaintiff Subdivisio Percentage," the annotation of "100%" refers to one -hundred percent (100%) of the California Subdivision Funds received, pursua to Section 4.C. Regarding the column, herein entitled "Weighted Allocation Percentage," the annotation of "100%" refers to one - hundred percent (100%) of the combined and weighted allocation of the Abatement Percentage and the Plaintiff Subdivision Percentage. I Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 County Alameda County Alameda 2.332% 2.853% 2.4237952% city Alameda Alameda 0.069% 0.0570162% city Albany Alameda 0.013% 0.0107768% city Berkeley Alameda 0.152% 0.1249656% city Dublin Alameda 0.033% 0.040% 0.0338810% city Emeryville Alameda 0.023% 0.0185765% city Fremont Alameda 0.108% 0.0888576% city Hayward Alameda 0.117% 0.0966218% city Livermore Alameda 0.054% 0.0446740% city Newark Alameda 0.026% 0.0217626% city Oakland Alameda 0.486% 0.595% 0.5055601% city Piedmont Alameda 0.014% 0.0114064% city Pleasanton Alameda 0.067% 0.0554547% city San Leandro Alameda 0.039% 0.0321267% city Union City Alameda 0.043% 0.0352484% County Amador Coun Amador 0.226% 0.277% 0.2349885% County Butte County Butte 1.615% 1.975% 1.6783178% city Chico Butte 0.216% 0.264% 0.2246499% city Oroville Butte 0.079% 0.0646595% County Calaveras County Calaveras 0.226% 0.277% 0.2351644% County Colusa County Colusa 0.059% 0.0489221 % County Contra Costa Coun Contra Costa 2.102% 2.571% 2.1844585% city Antioch Contra Costa 0.037% 0.0301879% city Brentwood Contra Costa 0.026% 0.0215339% city Clayton Contra Costa 0.002% 0.0018060% city Concord Contra Costa 0.055% 0.0456676% city Danville Contra Costa 0.010% 0.0082255% city El Cerrito Contra Costa 0.023% 0.0189024% City Hercules Contra Costa 0.010% 0.0078273% Contra Costa 0.006% 0.0046030% IN: ' . 0 1 of Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 city Martinez Contra Costa 0.012% 0.0098593% city Mora a Contra Costa 0.004% 0.0031007% city Oakley Contra Costa 0.010% 0.0079416% city Orinda Contra Costa 0.005% 0.0038157% city Pinole Contra Costa 0.013% 0.011.0909% city PittsburgContra Costa 0.053% 0.0436369% city Pleasant Hill Contra Costa 0.013% 0.0106309% city Richmond Contra Costa 0.146% 0.1201444% city San Pablo Contra Costa 0.018% 0.0148843% city San Ramon Contra Costa 0.021% 0.0176459% city Walnut Creek Contra Costa 0.026% 0.021.2132% County Del Norte County Del Norte 0.114% 0.140% 0.1189608% County El Dorado County El Dorado 0.768% 0.939% 0.7980034% city Placerville El Dorado 0.015% 0.0127642% Ci South Lake Tahoe El Dorado 0.081% 0.0665456% County Fresno County Fresno 1.895% 2.318% 1.9693410% city Clovis Fresno 0.065% 0.0536211% city Coalinga Fresno 0.012% 0.0098554% Ci Fresno Fresno 0.397% 0.3270605% city Kerman Fresno 0.005% 0.0042534% city Kingsburg Fresno 0.008% 0.0066167% city Mendota Fresno 0.002% 0.0019387% Ci Orange Cove Fresno 0.004% 0.0035607% city Parlier Fresno 0.008% 0.0069755% city Reedley Fresno 0.012% 0.0098804% city Sanger Fresno 0.018% 0.0146135% city Selma Fresno 0.015% 0.0127537% County Glenn County Glenn 0.107% 0.131% 0.1116978% County Humboldt County Humboldt 1.030% 1.260% 1.0703185% art �citi ��� Plutlff =' "dub hcl aubdi isi�i ri Par cipating ubdicv sin b .', ', ', � ,r�(b�t�nl � i'ercenta+e � di€ il6n ; Alitieatic�n , , city Arcata Humboldt 0.054% 0.0447660% city Eureka Humboldt 0.117% 0.143% 0.1216284% city Fortuna Humboldt 0.032% 0.0266837% County Im erial County Imperial 0.258% 0.315% 0.2679006% 0 �0 2of p,_' Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 city Brawley Imperial 0.011% 0.0087986% city Calexico Imperial 0.019% 0.0152799% city El Centro Imperial 0.158% 0.1302522% city Imperial Imperial 0.006% 0.0048791 % County In o County In o 0.073% 0.089% 0.0754413% County Kern County Kern 2.517% 3.079% 2.6159145% city Arvin Kern 0.006% 0.0046425% city Bakersfield Kern 0.212% 0.1747198% city California City Kern 0.009% 0.0070820% City Delano Kern 0.030% 0.0249316% city McFarland Kern 0.003% 0.0025644% city Rid ecrest Kern 0.015% 0.0120938% city Shafter Kern 0.013% 0.0103417% city Tehachapi Kern 0.009% 0.0073580% city Wasco Kern 0.008% 0.0069861% County Kin s County Kings 0.293% 0.2413469% city Avenal Kings 0.007% 0.0056335% city Corcoran Kings 0.013% 0.0107032% city Hanford Kings 0.027% 0.0226038% city Lemoore Kings 0.016% 0.0131900% County Lake County Lake 0.795% 0.6545389% city Clearlake Lake 0.041% 0.050% 0.0426253% city Lakeport Lake 0.021% 0.026% 0.0222964% County Lassen County Lassen 0.319% 0.391% 0.3320610% city Susanville Lassen 0.027% 0.021.9295% County Los Angeles County Los Angeles 13.896% 16.999% 14.4437559% ;Participating baterr�cnt lainti Weightgd " ulidiviisio Par0 ipa a di isic n Cciunt ' �'' Per cntag abdlr ision Mo atioxm to si is tion ;° ; � ;; : P�rc tia klerceata + city Agoura Hills Los Angeles 0.005% 0.0040024% city Alhambra Los Angeles 0.042% 0.0343309% city Arcadia Los Angeles 0.033% 0.0267718% city Artesia Los Angeles 0.001% 0.0005100% city Azusa Los Angeles 0.026% 0.0210857% city Baldwin Park Los Angeles 0.027% 0.0218520% city Bell Los Angeles 0.008% 0.0068783% 0:' 0 3 of p Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 city Bellflower Los Angeles 0.002% 0.001.4485% city Bell Gardens Los Angeles 0.014% 0.0114301% city Beverly Hills Los Angeles 0.065% 0.0534897% city Burbank Los Angeles 0.100% 0.0823132% city Calabasas Los Angeles 0.006% 0.0048948% city Carson Los Angeles 0.019% 0.0159805% city Cerritos Los Angeles 0.005% 0.0039682% city Claremont Los Angeles 0.010% 0.0082584% city Commerce Los Angeles 0.000% 0.0002971 % City Compton Los Angeles 0.044% 0.0361882% city Covina Los Angeles 0.028% 0.0229127% city Cudahy Los Angeles 0.001% 0.0006020% city Culver City Los Angeles 0.055% 0.0449894% city Diamond Bar Los Angeles 0.001% 0.0006993% Ci Downey Los Angeles 0.052% 0.0429994% city Duarte Los Angeles 0.003% 0.0027261% city El Monte Los Angeles 0.031% 0.038% 0.0318985% city El Segundo Los Angeles 0.033% 0.0268020% Ci Gardena Los Angeles 0.034% 0.0278088% city Glendale Los Angeles 0.166% 0.1366586% city Glendora Los Angeles 0.016% 0.0134411% city Hawaiian Gardens Los Angeles 0.005% 0.0040549% city Hawthorne Los Angeles 0.050% 0.0407833% l art �citi . ..A atem nt Pluttff =' hcl aubdi isli ri P rticlpratirriSubdivisionb .', ', ', i�'ercentaercenta ubt Mi16n,' ' Allocation, '1'erenti. l sicatitru , , e city Hermosa Beach Los Angeles 0.018% 0.0145307% city Huntington Park Los Angeles 0.023% 0.0190667% city Inglewood Los Angeles 0.059% 0.0489195% city La Canada Flintrid e Los Angeles 0.003% 0.0025565% city Lakewood Los Angeles 0.005% 0.0039971% city La Mirada Los Angeles 0.010% 0.0081572% city Lancaster Los Angeles 0.045% 0.0369689% city La Puente Los Angeles 0.002% 0.0012999% city La Verne Los Angeles 0.024% 0.0194190% city Lawndale Los Angeles 0.002% 0.0017731 % 0 �0 4 of 18 Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 city Lomita Los Angeles 0.004% 0.0031940% city Long Beach Los Angeles 0.439% 0.3614151% city Los Angeles Los Angeles 2.715% 3.321 % 2.821.8811 % city Lynwood Los Angeles 0.016% 0.0134345% city Malibu Los Angeles 0.002% 0.001.9269% city Manhattan Beach Los Angeles 0.032% 0.0260686% city Maywood Los Angeles 0.004% 0.0035528% city Monrovia Los Angeles 0.031% 0.0254455% city Montebello Los Angeles 0.030% 0.0250670% city Monterey Park Los Angeles 0.031% 0.0256677% city Norwalk Los Angeles 0.031% 0.0258228% city Palmdale Los Angeles 0.046% 0.0375827% city Palos Verdes Estates Los Angeles 0.006% 0.0053102% city Paramount Los Angeles 0.011% 0.0091483% Ci Pasadena Los Angeles 0.146% 0.1200524% city Pico Rivera Los Angeles 0.022% 0.0183333% city Pomona Los Angeles 0.111% 0.091.1933% city Rancho Palos Verdes Los Angeles 0.002% 0.00126450 o city Redondo Beach Los Angeles 0.062% 0.0506992% city Rosemead Los Angel 0.003% 0.00282600" Participating,,', Plaintiff-', yVeighte 'Sithdivision, , io las, Iercentae ,,P"renta 1A'erlicmenaildn ; take, city San Dimas Los Angeles 0.003%% 0.0022016% city San Fernando Los Angeles 0.013% 0.0104837% city San Gabriel Los Angeles 0.018% 0.0147726% city San Marino Los Angeles 0.009% 0.0073791% city Santa Clarita Los Angeles 0.022% 0.0178167% city Santa Fe Springs Los Angeles 0.031% 0.0257531% city Santa Monica Los Angeles 0.158% 0.1298513% city Sierra Madre Los Angeles 0.006% 0.0048646% city Signal Hill Los Angeles 0.010% 0.0084884% city South El Monte Los Angeles 0.005% 0.0039603% city South Gate Los Angeles 0.020%/0 1 1 0.0166272% city South Pasadena Los Angeles 0.012% 0.0095334% city Temple City Los Angeles 0.005°/% 0.0039498% 0 971.21,0 5 of Im Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 city Torrance Los Angeles 0.112% 0.091.9820% city Walnut Los Angeles 0.006% 0.0047305% city West Covina Los Angeles 0.049% 0.0404521% city West Hollywood Los Angeles 0.013% 0.0108517% city Whittier Los Angeles 0.032% 0.0260581% County Madera County Madera 0.349% 0.427% 0.3630669% city Chowchilla Madera 0.012% 0.0097332% city Madera Madera 0.039% 0.0318441% County Marin County Marin 0.564% 0.690% 0.5861325% city Larkspur Marin 0.015% 0.0124697% city Mill Valley Marin 0.020% 0.0168401% city Novato Marin 0.028% 0.0229824% city San Anselmo Marin 0.009% 0.0078062% city San Rafael Marin 0.089% 0.0729823% County Mariposa County Mariposa 0.084% 0.103% 0.0876131% County Mendocino County Mendocino 0.439% 0.536% 0.4558394% city Ukiah Mendocino 0.039% 0.031.7153% l articiti aubdi isli ri i siieati+xn County Participating, ubdf Ut � Merced County bn .', ', ', ,, Merced Percenta9e;" 0.551% Plutlff ubt Mi16n, rcc>nta'e`, 0.674% hcl Allocation '1'er enti e 0.5724262% city Atwater Merced 0.0240o 0.0195846% city Livingston Merced 0.006% 0.0045873% city Los Banos Merced 0.020% 0.0165142% city Merced Merced 0.061 % 0.0500762 % County Modoc County Modoc 0.065% 0.080% 0.0678250% County Mono County Mono 0.023% 0.029% 0.0242606% County Monterey County Monterey 0.908% 1.111% 0.9437083% city Greenfield Monterey 0.006% 0.0050552 % city King City Monterey 0.005% 0.0037355% Ci Marina Monterey 0.017% 0.0144098% city Monterey Monterey 0.041% 0.0336540% city Pacific Grove Monterey 0.009% 0.0074842% city Salinas Monterey 0.094% 0.0776576% City Seaside Monterey 0.023% 0.0191772% city Soledad Monterey 0.007% 0.0060870% 0�' 0 6 of p Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 County Napa County Napa 0.288% 0.352% 0.2994325% city American Canyon Napa 0.017% 0.0136869% city Napa Napa 0.078% 0.0642783% County Nevada County Nevada 0.441% 0.539% 0.4579827% city Grass Valley Nevada 0.024% 0.0197805% city Truckee Nevada 0.003% 0.0023843% County Orange County Orange 4.364% 5.339% 4.5363576% city Aliso Viejo Orange 0.014% 0.0113841% city Anaheim Orange 0.554% 0.678% 0.5759282% city Brea Orange 0.086% 0.0708897% city Buena Park Orange 0.087% 0.071.4352% city Costa Mesa Orange 0.124% 0.152% 0.1288366% city Cypress Orange 0.033% 0.0271937% city Dana Point Orange 0.001% 0.0005560% Participating,,,, it division, � � .; ; lassiicaticxa:; , ' � � � ;participating Subdivision,, �� County'"",, Aliatement � '- ,"I�CrGE'iltdG- Plaintiff' � x�l�division � percenta- {ei hte � Allocation, 'ercenta ;- city Fountain Valley Orange 0.055% 0.0455980% city Fullerton Orange 0.137% 0.168% 0.1425744% city Garden Grove Orange 0.213% 0.1752482% city Huntington Beach Orange 0.247% 0.302% 0.2568420% city Irvine Orange 0.139% 0.170% 0.1442350% city Laguna Beach Orange 0.047% 0.058% 0.0493043% city Laguna Hills Orange 0.014% 0.0115457% city Laguna Niguel Orange 0.001% 0.0007071 % city Laguna Woods Orange 0.001% 0.0006546% city La Habra Orange 0.060% 0.073% 0.0621049% city Lake Forest Orange 0.012% 0.0101249% Ci La Palma Orange 0.012% 0.0095439% city Los Alamitos Orange 0.008% 0.0069190% city Mission Viejo Orange 0.014% 0.0117560% city Newport Beach Orange 0.179% 0.1470134% Ci Orange Orange 0.150% 0.1231320% city Placentia Orange 0.029% 0.035% 0.0298912% city Rancho Santa Margarita Orange 0.001% 0.0006296% city San Clemente Orange 0.008% 0.010% 0.0086083% 0 0 7 of p Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 city San Juan Capistrano Orange 0.008% 0.0065510% city Santa Ana Orange 0.502% 0.614% 0.5213866% city Seal Beach Orange 0.020% 0.0165891% city Stanton Orange 0.035% 0.0291955% city Tustin Orange 0.073% 0.0600341% city Westminster Orange 0.104% 0.127% 0.1082721% city Yorba Linda Orange 0.044% 0.0362223% County Placer County Placer 1.045% 1.278% 1.0861002% city Auburn Placer 0.017 0 0.0141114% city Lincoln Placer 0.031% 0.0255599% city Rocklin Placer 0.076% 0.0625485% 1 articiti city Parcipating ubdicuisi�n ;b :� � � � Roseville .', ', ', � � � � , , Placer ,r�(b�t�nl ��� � i'ercent+e 0.196% Plutff =' "dub di€visin; hcl ei Alitieatc� 0.1616559% County Plumas County Plumas 0.205% 0.251% 0.2128729% County Riverside County Riverside 4.534% 5.547% 4.7128296% city Banning Riverside 0.017% 0.0143848% city Beaumont Riverside 0.021% 0.0171135% city Blythe Riverside 0.012% 0.0096714% city Canyon Lake Riverside 0.000% 0.0001761% city Cathedral City Riverside 0.067% 0.0553614% city Coachella Riverside 0.021% 0.0173054% city Corona Riverside 0.147% 0.1207083% city Desert Hot Springs Riverside 0.024% 0.0200433% city Eastvale Riverside 0.000% 0.0002747% city Hemet Riverside 0.051% 0.0421792% city Indio Riverside 0.056% 0.0457794% city Juru a Valley Riverside 0.001% 0.0008991% city Lake Elsinore Riverside 0.021% 0.0172949% city La Quinta Riverside 0.063% 0.0516732% city Menifee Riverside 0.032% 0.0260909% city Moreno Valley Riverside 0.137% 0.1130348% city Murrieta Riverside 0.048% 0.059% 0.0497423% city Norco Riverside 0.016% 0.0134542% city Palm Desert Riverside 0.083% 0.0682465% 0 0 8of p.� Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 city Palm Springs Riverside 0.076% 0.0629862% city Perris Riverside 0.009% 0.0076774% city Rancho Mirage Riverside 0.052% 0.0431098% city Riverside Riverside 0.268% 0.2206279% city San Jacinto Riverside 0.010% 0.0085936% city Temecula Riverside 0.022% 0.0180086% city Wildomar Riverside 0.008% 0.0062500% County Sacramento County Sacramento 3.797% 4.645% 3.9465887% Participating Midi iisio tasifikiition = ,,baternrit: �' rtic p iing r bdis?sir n , ,` ; COtili Pkrckutage Pxair�ti# ubc i l n�, Percetta , Bighted >All c ti rt "' city Citrus Heights Sacramento 0.057%° 0.0465312% city Elk Grove Sacramento 0.130% 0.1066994% city Folsom Sacramento 0.108% 0.0890850% city Galt Sacramento 0.017% 0.0143704% city Rancho Cordova Sacramento 0.008% 0.0067679% city Sacramento Sacramento 0.721% 0.882% 0.7496530% County San Benito County San Benito 0.106% 0.130% 0.1101417% city Hollister San Benito 0.027% 0.0225355% County San Bernardino County San Bernardino 3.259% 3.987% 3.3878124% city Adelanto San Bernardino 0.008% 0.0066640% city Apple Valley San Bernardino 0.025% 0.0207360% city Barstow San Bernardino 0.015% 0.0122056% city Chino San Bernardino 0.064% 0.0525893% city Chino Hills San Bernardino 0.001% 0.0006388% city Colton San Bernardino 0.031% 0.0253443% city Fontana San Bernardino 0.112% 0.0920543% city Grand Terrace San Bernardino 0.006% 0.0051051% city Hesperia San Bernardino 0.035% 0.0291522% city Highland San Bernardino 0.004% 0.0029061% city Loma Linda San Bernardino 0.009% 0.0071188% city Montclair San Bernardino 0.039% 0.0322108% city Ontario San Bernardino 0.179% 0.1472934% city Rancho Cucamonga an Bernardino 0.084 0 0.0689431% city Redlands San Bernardino 0.057% 0.0469150% city Rialto San Bernardino 0.073% 0.0603206% 0 �0 9 of p Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 city San Bernardino San Bernardino 0.178% 0.1461880% city Twent nine Palms San Bernardino 0.002% 0.0012605% city Upland San Bernardino 0.052% 0.0424460% city Victorville San Bernardino 0.033% 0.0269400% city Yucaipa San Bernardino 0.016% 0.0128772% art �citi aubdi isi�i ri city Par cipating ubdicv sin Yucca Valley b .', ', ', � � , , San Bernardino ,r�(b�t�nl ��� � i'ercenta+e � 0.003% Plutlff =' "dub di€ il6n ; hcl Alitieat c� 0.0021228% County San Diego County San Diego 5.706% 6.980% 5.9309748% city Carlsbad San Diego 0.128% 0.1050485% city Chula Vista San Diego 0.189% 0.231% 0.1961456% city Coronado San Diego 0.044% 0.0359095% city El Cajon San Diego 0.113% 0.0933582% city Encinitas San Diego 0.061% 0.074% 0.0630289% city Escondido San Diego 0.145% 0.1192204% city Imperial Beach San Diego 0.014% 0.0118283% city La Mesa San Diego 0.055% 0.068% 0.0575593% Ci Lemon Grove San Diego 0.022% 0.0183911% city National City San Diego 0.080% 0.0656808% city Oceanside San Diego 0.213% 0.1753428% city Poway San Diego 0.062% 0.0511040% Ci San Diego San Diego 1.975% 2.416% 2.0531169% city San Marcos San Diego 0.089% 0.0733897% city Santee San Diego 0.033% 0.0268401% city Solana Beach San Diego 0.017% 0.0138564% Ci Vista San Diego 0.052% 0.0425144% Consolidated San Francisco San Francisco 3.026% 3.702% 3.1457169% County San Joaquin County San Joaquin 1.680% 2.055% 1.7460399% city Lathrop San Joaquin 0.009% 0.0075394% Ci Lodi San Joaquin 0.053% 0.0439484% city Manteca San Joaquin 0.054% 0.0443454% city Ripon San Joaquin 0.013% 0.0104219% city Stockton San Joaquin 1 0.313% 0.383% 1 0.3256176% city Tracy San Joaquin 0.084% 0.0692047% Coun San Luis Obispo County San Luis Obispo 0.816% 0.999% 1 0.8484126% 10 10o I , Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 city Arroyo Grande San Luis Obispo I 0.024% 0.0199053% city Atascadero San Luis Obispo 0.029% 0.0240680% Subdivision- toi tth 6tgClasslir %I* di3urAubdi scent ilna10e 1'erce ta" city El Paso de Robles Paso Robles San Luis Obispo 0.043% 0.0353456% city Grover Beach San Luis Obispo 0.017% 0.0137881% city Morro Bay San Luis Obispo 0.020% 0.0160922% city San Luis Obispo San Luis Obispo 0.077% 0.0637841% County San Mateo County San Mateo 1.074% 1313% 1.1159599% city Belmont San Mateo 0.021% 0.0169860% city Burlingame San Mateo 0.019% 0.0152537% city Daly City San Mateo 0.044% 0.0363880% city East Palo Alto San Mateo 0.013% 0.0103982% city Foster City San Mateo 0.020% 0.0166101% city Half Moon Bay San Mateo 0.004% 0.0031638% Ci Hillsborough San Mateo 0.013% 0.0110029% city Menlo Park San Mateo 0.015% 0.0126209% city Millbrae San Mateo 0.013% 0.0105836% city Pacifica San Mateo 0.016% 0.0130625% Ci Redwood City San Mateo 0.056% 0.0463511% city San Bruno San Mateo 0.021% 0.0172161% city San Carlos San Mateo 0.013% 0.0108885% city San Mateo San Mateo 0.052% 0.0425841% Ci South San Francisco San Mateo 0.043% 0.0353943% County Santa Barbara County Santa Barbara 1.132% 1.385% 1.1768968% city Carpinteria Santa Barbara 0.001% 0.0008938% city Goleta Santa Barbara 0.004% 0.0028969% Ci Lompoc Santa Barbara 0.047% 0.0389379% city Santa Barbara Santa Barbara 0.122% 0.1004559% city Santa Maria Santa Barbara 0.058% 0.0479179% County Santa Clara County Santa Clara 2.404% 2.941% 2.4987553% city Campbell Santa Clara 0.014% 0.0112566% city Cupertino Santa Clara 0.008% 0.0066824% city Gilroy Santa Clara 0.025% 0.0202891% OfiO 11 o px Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 Participating ........ Subdivi ion Participa n ;Sia clvi inn iCi�h iy liatement Percentage;-; Plainfiff nbdinion' PercpOa . 'eighted z liocatio-t I'et cents , , city Los Altos Santa Clara 0.013% 0.0103338% city Los Gatos Santa Clara 0.013% 0.0103220% city Milpitas Santa Clara 0.036% 0.0298120% city Morgan Hill Santa Clara 0.015% 0.0124619% city Mountain View Santa Clara 0.041% 0.0334608% city Palo Alto Santa Clara 0.039% 0.0323080% Ci San Jose Santa Clara 0.294% 0.360% 0.3054960% city Santa Clara Santa Clara 0.067% 0.0549723% city Saratoga Santa Clara 0.004% 0.00341.61% city Sunnyvale Santa Clara 0.053% 0.0434069% County Santa Cruz County Santa Cruz 0.783% 0.957% 0.81.35396% city Ca itola Santa Cruz 0.020% 0.0168191% city Santa Cruz Santa Cruz 0.143% 0.1180348% city Scotts Valley Santa Cruz 0.015% 0.0126525% city Watsonville Santa Cruz 0.063% 0.05201.36% County Shasta County Shasta 1.095% 1.339% 1.1380191% city Anderson Shasta 0.024% 0.0198896% city Redding Shasta 0.284% 0.2334841% Ci Shasta Lake Shasta 0.004% 0.0031993 % County Siski ou County Siski ou 0.228% 0.279% 0.2373393% County Solano County Solano 0.760% 0.6260795% city Benicia Solano 0.031% 0.0253903% Ci Dixon Solano 0.016% 0.0130849% city Fairfield Solano 0.109% 0.0897317% city Suisun City Solano 0.021% 0.0176183% city Vacaville Solano 0.119% 0.0976497% Ci Vallejo Solano 0.167% 0.1373644% County Sonoma County Sonoma 1.218% 1.490% 1.2661290% city Healdsburg Sonoma 0.032% 0.0266929% city Petaluma Sonoma 0.081% 0.0667507% i'ariicipating, 1 Plaintiff' : Weighted A04tnt: ubc1iuis1a0 :, artiiptn Snbdivision 'in nty . Suhdiivisfon Alloea nrt Ia Picr l a�n l'eee>xtae Perrc6ta e ` : ' Pereent e 0� 12o p� 0 Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 city Rohnert Park Sonoma 0.041% 0.0340759% city Santa Rosa Sonoma 0.184% 0.1519070% city Sonoma Sonoma 0.022% 0.0183438% city Windsor Sonoma 0.016% 0.0129298% County Stanislaus County Stanislaus 1.722% 1.4182273% city Ceres Stanislaus 0.041% 0.0340260% city Modesto Stanislaus 0.217% 0.1788759% city Newman Stanislaus 0.006% 0.0046964% city Oakdale Stanislaus 0.018% 0.0145531% city Patterson Stanislaus 0.015% 0.0126590% city Riverbank Stanislaus 0.010% 0.0085699% city Turlock Stanislaus 0.065% 0.0531966% County Sutter County Sutter 0.306% 0.374% 0.3179548% city Yuba City Sutter 0.074% 0.0606242% County Tehama County Tehama 0.213% 0.261% 0.2216654% city Red Bluff Tehama 0.014% 0.0117771% County Trinity County Trinity 0.082% 0.101% 0.0855476% County Tulare County Tulare 0.809% 0.990% 0.8410949% Ci Dinuba Tulare 0.014% 0.0116929% city Exeter Tulare 0.004% 0.0032479% city Farmersville Tulare 0.003% 0.0027879% city Tulare 0.007% 0.0057111% Ci -Lindsay Porterville Tulare 0.021% 0.0171845% city Tulare Tulare 0.037% 0.0302273% city Visalia Tulare 0.066% 0.0545872% County Tuolumne County Tuolumne 0.486% 0.594% 0.5047621% County Ventura County Ventura 2.192% 2.681 % 2.2781201 % city Camarillo Ventura 0.002% 0.0012815% city Fillmore Ventura 0.002% 0.0020294% city Moorpark Ventura 0.008% 0.0067337% Participating,,,, Abatement Plaintiff' =Nyeightco " it division, , ' ; ParticipatingBub ivi i ►n �, " Cciunty, . Subdiiviision ' � � All fassiicatioa , , Percenta *L' ' Preent c-'ercenta e city Oxnard Ventura 0.156% 0.190% 0.1617338% city Port Hueneme Ventura 0.021% 0.0174145% City San Buenaventura Ventura Ventura 0.085% 0.0702181%� 13 o IO Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 APPENDIX 1 city Santa Paula Ventura 0.014% 0.011.9072% city Simi Valley Ventura 0.065% 0.0533043% city Thousand Oaks Ventura 0.022% 0.0179902% County Yolo County Yolo 0.357% 0.437% 0.3713319% city Davis Yolo 0.055% 0.0451747% city West Sacramento Yolo 0.066% 0.0544321% city Woodland Yolo 0.058% 0.0477904% County Yuba County Yuba 0.214% 0.262% 0.2225679% city Marysville Yuba 0.014% 0.011.2079% [MOM 14o Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 a) Costs means the reasonable amounts paid for the attorney and other City Attorney and County Counsel staff time for individuals employed by a Plaintiff Subdivision at the contractual rate, inclusive of benefits and overhead, together with amounts paid for court reporters, experts, copying, electronic research, travel, vendors, and the like, which were not previously reimbursed and which were paid or incurred (i) prior to December 3 1, 2022 in litigation against any Opioid Defendant and/or (ii) in negotiating and drafting any CA Allocation, Agreement(s) concerning a settlement with any Opiold Defendant(s). Costs does not include attorneys' fees, costs, or expenses incurred by private contingency fee counsel. No part of the CA Abatement Accounts Fund will be used to reimburse Costs. b) First Claims Date means October 1, 2023 or when all applications for reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section X111 and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the Distributor Settlement Agreement, Section XI and Exhibit R of the Janssen Settlement Agreement, Section, X and Exhibit R of the CVS Settlement Agreement, or Section IX and Exhibit R of the Walmart Settlement Agreement, have been finally determined under the provisions of those agreements, whichever comes first. c) Special Master means a retired judicial officer or foriner public lawyer, not presently employed or retained by a Plaintiff Subdivision, who will aggregate, review, and determine the reasonable Costs to be awarded to each Plaintiff Subdivision that submits a claim for reimbursement of Costs. The Special Master will be selected by a majority vot(.! of the votes cast by Plaintiff Subdivisions, with each such subdivision having one vote. d) Plaintifi ,f Subdivision Committee means the committee of Plaintiff Subdivisions that will review and approve the invoices submitted by the Special Master reflecting his or her reasonable time and expenses. 7MMMURTMIJrr a) Purpose. Substantial resources have been expended to hold Opioid Defendants accountable for creating and profiting from the opioid crisis, and this effort has been a significant catalyst in creating National Opioid Settlements with various manufacturers, distributors, and chain pharmacies. Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 i. If a Plaintiff Subdivision is eligible to seek reimbursement of Costs, in whole or in part, from funds available under Section IX and Exhibit R of the Kroger Settlemen) Agreement, Section IX and Exhibit R of the Walgreens Settlement Agreement, Section XIV and Exhibit R of the Teva Settlement Agreement, Section XIII and Exhibit R of the Allergan Settlement Agreement, Section X and Exhibit R of the CVS Settlement Agreement, Section, IX and Exhibit R of the Walmart Settlement Agreement, Section X or Exhibit R of the Distributor Settlement Agreement, or Section XI or Exhibit R of the Janssen Settlement Agreement, it must first make a timely application for reimbursement from such funds. To allow sufficient time for determination of those applications, no claim for Costs to the CA Subdivision Fund under this Agreement may be made before the First Claims Date. must submit a claim to the Special Master no later than, forty-five (45) days after the First Claims Date, The Special Master will then compile and redistribute the aggregated claim totals for each Plaintiff Subdivision via email to representatives of all the Plaintiff Subdivisions. A claim for attorney and staff time must list, for each attorney or staff member included in the claim, the following information: name, title, total hours claimed, hourly rate (including, if sought, benefits and share of overhead), and narrative summarizing the general nature of the work perfonned by the attorney or staff member. For reinibursement of "hard" costs, the subdivision may aggregate across a category (e.g., total for travel costs). It is the intention of the Plaintiff Subdivisions that submission of documents related to reimbursement of Costs does not waive any attomey-client privilege or exemptions to the California iii. The Special Master may request, at his or her sole option, additional documents or details to assist in the final award of Costs. iv. The Special Master will review claims for reasonableness and will notify each Plaintiff Subdivision of the final determination of its claim, and will provide a list of all final awards to all Plaintiff Subdivisions by email or, upon request, via First Class U.S. Mail. Any Plaintiff Subdivision may ask the Special Master to reconsider any final award within twenty-one (2 1) days. The Special Master will make a final determination on any such reconsideration request within thirty (30) days of receipt. V. Any decision of the Special Master is final and binding, and will be considered under the California Arbitration Act, Code of Civil Procedure section 1280 et seq. as a final arbitration award. Nothing in this agreement is intended to expand the scope of judicial review of the final award for errors of fact or law, and the Parties agree that they may only seek to vacate the award if clear and convincing evidence demonstrates one of the factors set forth in Code of Civil Procedure, section 1286.2, subdivision (a). Plaintiff Subdivisions will have fourteen (14) days after all final awards are made, together with any final determination of a request for W. 2 FE Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 of Civil Procedure, section 1285, where the State has filed its Consent Judgment. vi. The Special Master will prepare a report of Costs that includes his or her fees and expenses at least ninety (90) days before the Payment Date for each Annual Payment. The Special Master's preparation of a report of Costs does not discharge a Plaintiff Subdivision's reporting requirement under Section V(13)(2) of the Kroger Settlement Agreement. Subdivision,vii. A member of the Plaintiff Subdivision Committee, which is a CA Participating • the Settlement Fund Administrator. • KroRer a repor of the fees and expenses incurred by the Special Master pursuant to Section V(B)( of Agreement. c) Claims Priority and Limitation. i. The Special Master will submit invoices for compensation of reasonabI ees and expenses • ' rr • i i . 0 days prio to the Payment Date for each AnnualPayment. The Plaintiff Subdivision• - promptlywill 1 if reasonable,! •ve the Special Master's invoice for compensation. The Plaintiff Su# • • approved invoice to the Settlement Fund Administrator for.l Master's approved invoices- priority and will be paid first from the CA Subdivision• before any award of Costs, subject to the limitation, in Section 2.c.v below. 11111VIVORi iii. Final Awards of of thousand dollars 'r 00 be paid proportionally from the funds remaining in that year's Annual Payment. iv. Any claim for Costs that is not paid in full will be allocated against the next year's distribution from the CA Subdivision Fund, until all approved claims for Costs are paid in full. no event will more . 1' of - total CA Subdivision Fund received in any year be used to pay Costsapproved invoices. vi. In no event shall more than $28 million of the total CA Subdivision Funds paid pursuant to the Kroger Settlement Agreement, Walgreens Settlement Agreement, Teva Settlement Agreement, Allergan Settlement Agreement, Distributor Settlement Agreement, CVS Settlement Agreement, Janssen Settlement Agreement, and the Walmart Settlement Agreement be used to pay Costs. 000usignEnvelope ID: 31342C0E-34rE-4E3a-8381-7a3178aO3Eu8 i. In the event a Plaintiff Subdivision is awarded compensation, in whole or in part, b any source of funds created as a result of litigation against an Opioid Defendant fo its reasonable Costs, it will reduce its claim for Costs from the CA Subdivision Fund by that amount. If a Plaintiff Subdivision has already received a final award Costs from the CA Subdivision Fund, it will repay the fund up to the prior award o Costs via a payment to the Settlement Fund Administrator or notify the Settlement Fund Administrator that its allocation from the next and subsequent Annual Payments should be reduced accordingly. If the Plaintiff Subdivision is repaying any prior award of Costs, that repayment will occur as soon as is feasible after the Plaintiff Subdivision's receipt of Cost funds from the collateral source, but no mor than 90 days after its receipt from the collateral source. The Settlement Fund Administrator will add any repaid Costs to the CA Subdivision Fund. Any Plainti Subdivision that has submitted for reimbursement to any national fund and has not received a final determination by the First Claims Date may request that the settlement administrator withhold some or all of its payment from the CA Subdivision Fund in order to avoid repayment. ii. In the event a Plaintiff Subdivision reaches a monetary settlement or compromise against any Oploid Defendant outside of the National Oploid Settlement, the monetary portion of such settlement, net of fees paid to outside contingency fee counsel and of funds earinarked strictly for abatement, will be credited against its Costs and the subdivision will be ineligible to recover those credited Costs from t CA Subdivision Fund. Plaintiff Subdivisions negotiating monetary settlements or compromises against any Opioid Defendant outside of the National Opioid Settlement will negotiate for funds to repay any Costs it previously received from the CA Subdivision Fund or for Costs it otherwise might be eligible to claim from the CA Subdivision Fund. If such, a settlement is paid after all final approved clai, for Costs by all Plaintiff Subdivisions are satisfied in full, the settling subdivision will reimburse the CA Subdivision Fund in that amount by making payment to the Settlement Fund Administrator to add to the CA Subdivision Fund in a manner consistent with the repayments described in section 2.d.i above. 4 Docusign Envelope ID: 31342C6E-34FE-4E3B-8381-7B3178B03E20 On August• 2021,•• Polster of District Courtfor • District of i• issued an Order- Order), docket number. Re National PrescriptionOpiate eligibleLitigation, MDL 2804, addressing contingent attorney fee contracts between political subdivisions • and their counsel. • . , •• • , • r i. •• r [SUBDIVISION] and • •• Agreementconstitute , State Back - Stop Agreement as that term is used in the Order and in Exhibit '' (Agreement on ' • Costs,of • BackstopPursuant to this Cr • to the limitationsof limitationsKroger Settlement Agreement and CA Kroger Allocation Agreement, as well, as any other ••sed by law, use funds that it receives from Subdivision Fund to pay a contingentto ! from Kroger[SUBDIVISION] to [COUNSEL], together with any contingency fees that [COUNSEL] may receive from the national Attorney Fee Fund, will not exceed a total contingency fee of [PERCENTAGE NOT TO EXCEED 15%] of the total gross recovery of [SUBDIVISION] from the [COUNSEL] certify that they first sought fees and costs from the Attorney Fee Fund created under the Kroger Settlement Agreement before seeking or accepting payment under this backstop agreement. [COUNSEL] further certify that they are not seeking and will not accept payment under this backstop agreement of any litigation fees or costs that have been reimbursed through prior settlements or judgments. AttorneyThe • because the definitionBack- Stop Settlingbe between "a State" and private counsel for a participating subdivision. Neither the California•_ General • _ State of • have any obligationsunder this Backstop Agreement, and this Backstop Agreement does notof t [SUBDIVISION],i other [DATE] [SUBDIVISION SIGNATURE BLOCK] [DATE] [COUNSEL SIGNATURE BLOCK] r r ♦ iig illriiiis 11 ill,r t ITEM NO. 7 +�►��Wz, TO: Honorable Mayor and Members of the City Council FROM: Robert Lopez, Chief of Police siEL DATE: August 7, 2024 ,,;,v SUBJECT: Adoption of Resolution No. 2024-039 Certifying the Application For Grant Funds, Accepting Grant Funds in the Amount of $282,560.00, And Authorizing the Chief of Police to execute The California Cannabis Tax Fund Grant Agreement SUMMARY This report seeks the City Council's adoption of Resolution No. 2024-039, certifying the application for the California Cannabis Tax Fund Grant Program (CTFGP), accepting grant funds in the amount of $282,560.00 and authorizing the Chief of Police to execute the FY 2024-2025 grant agreement. RECOMMENDATION Staff recommends City Council adopt Resolution No. 2024-039 certifying the CTFGP application, accepting grant funds in the amount of $282,560.00 and authorizing the Chief of Police to execute the CTFGP grant agreement. FISCAL IMPACT The City of Baldwin Park will receive $282,560.00 in grant funding. This action has no negative fiscal impact on the City's general fund. BACKGROUND The Baldwin Park Police Department has been awarded funding under the FY 2024-2025 California Cannabis Tax Fund Grant Program (CTFGP) administered by the California Highway Patrol. The grant will provide financial assistance for education, prevention, and enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis. The grant totals $282,560.00 and will fund several key components: 1. Training for officers: $63,434.12 This includes overtime backfill for 20 officers to attend Standardized Field Sobriety Testing (SFST) and Advanced Roadside Impaired Driving Enforcement (ARIDE) training. 2. Conducting 32 DUI saturation patrols throughout the year: $125,440.00 This covers overtime pay for 4 officers and 1 sergeant to conduct 8-hour DUI saturation patrols. 3. Purchasing and outfitting a dedicated DUI enforcement vehicle: $93,685.88 o $68,085.88 for the purchase of the vehicle o $25,000.00 for vehicle outfitting (emergency equipment, lights, etc.) o $600.00 for vehicle decals/graphic Page 1 / 2 The goal of this program is to reduce DUI/DUID-related incidents by 25% and DUI/DUID fatal collisions by 50%. As required by the City's procedures and to comply with the grant's requirements, this agreement is being presented to the City Council for review and authorization before the Chief of Police can execute it. The grant agreement specifies that the City must provide a copy of a resolution, order, motion, or ordinance of the local governing body authorizing the execution of the grant agreement. ALTERNATIVES 1. The City Council may elect to not approve the grant agreement and provide alternate directions to staff. LEGAL REVIEW This Staff Report and Resolution have been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. FY 2024-2025 CTFGP Grant Agreement (including Project Description and Budget Summary) 2. Resolution No. 2024-039 Page 2 / 2 State of California DEPARTMENT OF CALIFORNIA HIGHWAY PATROL GRANT AGREEMENT - Page 1 Award Number 17870 1. GRANT TITLE FY24/25 CTFGP Law Enforcement - Baldwin Park Police Department 2. NAME OF ORGANIZATION/AGENCY Baldwin Park Police Department 3. ORGANIZATION/AGENCY SECTION TO ADMINISTER GRANT Traffic Bureau 4. PROJECT PERFORMANCE PERIOD 5. PURCHASE ORDER NUMBER From: 07/01/2024 To: 06/30/2025 6. GRANT OPPORTUNITY INFORMATION DESCRIPTION Law Enforcement grants provide financial assistance to allied agencies for the education, prevention, and the enforcement of laws related to driving under the influence of alcohol and other drugs, including cannabis and cannabis products. The intent of the program is to educate the public regarding the dangers of impaired driving, enforce impaired driving laws on the roadway, and improve the Organ ization/Agency's effectiveness through training and development of new strategies. 7. FUNDS ALLOCATED UNDER THIS GRANT AGREEMENT SHALL NOT EXCEED $282,560.00 8. TERMS AND CONDITIONS The Grantee agrees to complete the Project, as described in the Project Description. The Grantee's Grant Application, and the California Code of Regulations, Title 13, Division 2, Chapter 13, Sections 1890.00-1890.27, are hereby incorporated into this Grant Agreement by reference. The parties hereto agree to comply with the Terms and Conditions of the following attachments: • Schedule A — Project Description, Problem Statement, Goals and Objectives, and Method of Procedure • Schedule B — Detailed Budget Estimate • Schedule B-1 — Budget Narrative We, the officials named below, hereby swear, under penalty of perjury under the laws of the State of California, that we are duly authorized to legally bind the Grant recipient to the above -described Grant Terms and Conditions. IN WITNESS WHEREOF, this Grant Agreement is executed by the parties hereto. 9. APPROVAL SIGNATURES A. AUTHORIZED OFFICIAL OF ORGANIZATION/AGENCY B. AUTHORIZED OFFICIAL OF CHP Name: Robert Lopez Name: Andrew Beasley Phone: (916) 843-4360 Title: Chief of Police Title: Captain Fax: (916) 322-3169 Phone: (626) 960-1955 Address: 14403 East Pacific Avenue Address: 601 North 7th Street Baldwin Park, CA 91706 Sacramento, CA 95811 E-Mail: rlopez@baidwinpark.com E-Mail: ABeasley@chp.ca.gov 7/10/24 (Signature) (Date) (Signature) (Date) C. ACCOUNTING OFFICER OF CHIP 10. AUTHORIZED FINANCIAL CONTACT TO RECEIVE Name: C. M. Jones Phone: (916) 843-3531 REIMBURSEMENT PAYMENTS Title: Commander Fax: (916) 322-3159 Name: Rose Tam Address: 601 North 7th Street Title: Finance Director Sacramento, CA 95811 Phone: (626) 960-1955 E-Mail: Catrina.Jones@chp.ca.gov Address: 14403 East Pacific Avenue Baldwin Park, CA 91706 (Signature) (Date) TERMS AND CONDITIONS Grantee shall comply with the California Code of Regulations, Title 13, Division 2, Chapter 13 Section 1890, et seq. and all other Terms and Conditions noted in this Grant Agreement. Failure by the Grantee to comply may result in the termination of this Grant Agreement by the California Highway Patrol (hereafter referred to as State). The State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated. A. EXECUTION 1. The State (the California Highway Patrol) hereby awards, to the Grantee, the sum of money stated on page one of this Grant Agreement. This funding is awarded to the Grantee to carry out the Project set forth in the Project Description and the terms and conditions set forth in this Grant Agreement. The funding for this Grant Agreement is allocated pursuant to California Revenue and Taxation Code Section 34019(f)(3)(B). The Grantee agrees that the State's obligation to pay any sum under this Grant Agreement is contingent upon availability of funds disbursed from the California Cannabis Tax Fund to the State. If there is insufficient funding, the State shall have the option to either: 1) terminate this Grant Agreement; whereby, no party shall have any further obligations or liabilities under this Grant Agreement, or 2) negotiate a Grant Agreement Amendment to reduce the grant award and scope of work to be provided under this Grant Agreement. 3. The Grantee is not to commence or proceed with any work in advance of receiving notice that the Grant Agreement is approved. Any work performed by the Grantee in advance of the date of approval by the State shall be deemed volunteer work and will not be reimbursed by the State. 4. The Grantee agrees to provide any additional funding, beyond what the State has agreed to provide, pursuant to this Grant Agreement, and necessary to complete or carry out the Project, as described in this Grant Agreement. Any modification or alteration of this Grant Agreement, as set forth in the Grant Application submitted by the Grantee and on file with the State, must be submitted in writing thirty (30) calendar days in advance to the State for approval. 5. The Grantee agrees to complete the Project within the timeframe indicated in the Project Performance Period, which is on page one of this Grant Agreement. B. PROJECT ADMINISTRATION 1. The Grantee shall submit all reimbursements, progress, performance, and/or other required reports concerning the status of work performed in furtherance of this Grant Agreement on a quarterly basis, or as requested by the State. 2. The Grantee shall provide the State with a final report showing all Project expenditures, which includes all State and any other Project funding expended, within sixty (60) calendar days after completion of this Grant Agreement. 3. The Grantee shall ensure all equipment which is purchased, maintained, operated, and/or developed is available for inspection by the State. 4. Equipment purchased through this Grant Agreement shall be used for the education, prevention, and enforcement of impaired driving laws, unless the Grantee is funding a portion of the purchased price not dedicated to impaired driving and that portion is not part of the Project costs. Equipment purchased under this Grant Agreement must only be used for approved Project - related purposes, unless otherwise approved by the State in writing. 5. Prior to disposition of equipment acquired under this Grant Agreement,• the State via e-mail, and by telephone, by calling the California Highway Patrol, Impaired Driving Section,Y• • fit, r1 TERMS AND CONDITIONS C. PROJECT TERMINATION 1. Grantee or the State may terminate this Grant Agreement at any time prior to the commencement of the Project. Once the Project has commenced, this Grant Agreement may only be terminated if the party withdrawing provides thirty (30) calendar days written notice of their intent to withdraw. If by reason of force majeure the performance hereunder is delayed or prevented, then the term end date may be extended by mutual consent for the same amount of time of such delay or prevention. The term "force majeure" shall mean any fire, flood, earthquake, or public disaster, strike, labor dispute or unrest, embargo, riot, war, insurrection or civil unrest, any act of God, any act of legally constituted authority, or any other cause beyond the Grantee's control which would excuse the Grantee's performance as a matter of law. b. Grantee agrees to provide written notice of an event of force majeure under this Grant Agreement within ten (10) calendar days of the commencement of such event, and within ten (10) calendar days after the termination of such event, unless the force majeure prohibits Grantee from reasonably giving notice within this period. Grantee will give such notice at the earliest possible time following the event of force majeure. Any violations of law committed by the Grantee, misrepresentations of Project information by the Grantee to the State, submission of falsified documents by the Grantee to the State, or failure to provide records by the Grantee to the State when requested for audit or site visit purposes may be cause for termination. If the Project is terminated for the reasons described in this paragraph, the State will have no obligation to reimburse the Grantee for any additional costs once the Grant Agreement has been terminated. 3. The State may terminate this Grant Agreement and be relieved of any payments should the Grantee fail to perform the requirements of this Grant Agreement at the time and in the manner herein provided. Furthermore, the Grantee, upon termination, shall return grant funds not expended by the Grantee as of the date of termination. 4. If this Grant Agreement is terminated, the State may choose to exclude the Grantee from future Grant Opportunities. D. FINANCIAL RECORDS The Grantee agrees the State, or their designated representative, shall have the right to review and to copy all records and supporting documentation pertaining to the performance of this Grant Agreement. Grantee agrees to maintain such records for possible audit for a minimum of five (5) years after final payment, unless a longer period of records retention is stipulated or required by law. Grantee agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Furthermore, the Grantee agrees to include a similar right for the State to audit all records and interview staff in any subcontract related to performance of this Grant Agreement. E. HOLD HARMLESS The Grantee agrees to indemnify, defend, and save harmless the State, its officials, agents and employees from any and all claims and losses accruing or resulting to any and all Grantee's staff, contractors, subcontractors, suppliers, and other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Grant Agreement, and from any and all claims and losses accruing or resulting to any person, agency, firm, corporation who may be injured or damaged by the Grantee in performance of this Grant Agreement. TERMS AND CONDITIONS 290910F9019TOUMOV-AVt MOO The Grantee agrees to comply with State and federal laws outlawing discrimination, including, but not limited to, those prohibiting discrimination because of sex, race, color, ancestry, religion, creed, national origin, physical disability (including HIV and AIDS), mental disability, medical condition (including cancer or genetic characteristics), sexual orientation, political affiliation, position in a labor dispute, age, marital status, and denial of statutorily -required employment - related leave. (GC 12990 [a-fj and CCR, Title 2, Section 8103.) G. AMERICANS WITH DISABILITIES ACT 1. The Grantee assures the State it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et seq.) H. DRUG -FREE WORKPLACE 1. The Grantee shall comply with the requirements of the Drug -Free Workplace Act of 1990 and will provide a drug -free workplace by taking the following actions: a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession, or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations. b. Establish a Drug -Free Awareness Program to inform employees about: i. The dangers of drug abuse in the workplace. ii. The person's or Organization/Agency's policy of maintaining a drug -free workplace. iii. Any available counseling, rehabilitation, and employee assistance programs. iv. Penalties that maybe imposed upon employees for drug abuse violations. c. Every employee who works on the Project will: i. Receive a copy of the company's drug -free workplace policy statement. ii. Agree to abide by the terms of the company's statement as a condition of employment on the Grant Agreement. Failure to comply with these requirements may result in suspension of payments under this Grant Agreement, or termination of this Grant Agreement, or both, and Grantee may be ineligible for award of any future Grant Agreements if the department determines that any of the following has occurred: a. The Grantee has made false certification or violated the certification by failing to carry out the requirements, as noted above. (GC 8350 et seq.) I. LAW ENFORCEMENT AGENCIES All law enforcement Organization/Agency/Agency Grantees shall comply with California law regarding racial profiling. Specifically, law enforcement Organization/Agency/Agency Grantees shall not engage in the act of racial profiling, as defined in California Penal Code Section 13519.4. TERMS AND CONDITIONS 1. The Grantee is advised and made aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, and Grantee affirms to comply with such provisions before commencing the performance of the work of this Grant Agreement, (refer to Labor Code Section 3700). K. GRANT APPLICATION INCORPORATION 1. The Grantee agrees the Grant Application and any subsequent changes or additions approved or required by the State is hereby incorporated into this Grant Agreement. L. STATE LOBBYING The Grantee is advised that none of the funds provided under this Grant Agreement may be used for any activity specifically designed to urge or influence a state or local legislator to favor or oppose the adoption of any specific legislative proposal pending before any state or local legislative body. Such activities include both direct and indirect (e.g., "grassroots") lobbying activities, with one exception. This does not preclude a state official, whose salary is supported by this Grant Agreement, from engaging in direct communications with the state or local legislative officials, in accordance with customary state and/or local practice. M. REPRESENTATION AND WARRANTIES 1. The Grantee represents and warrants that: a. It is validly existing and in good standing under the laws of the State of California, has, or will have the requisite power, authority, licenses, permits, and the like necessary to carry on its business as it is now being conducted and as contemplated in this Grant Agreement, and will, at all times, lawfully conduct its business in compliance with all applicable federal, state, and local laws, regulations, and rules. b. It is not a party to any Grant Agreement, written or oral, creating obligations that would prevent it from entering into this Grant Agreement or satisfying the terms herein. c. If the Grantee is a Nonprofit Organization/Agency, it will maintain its "Active" status with the California Secretary of State, maintain its "Current" status with the California Attorney General's Registry of Charitable Trusts, and maintain its federal and State of California tax- exempt status. If the Grantee subcontracts with a Nonprofit as part of this Grant Agreement, the Grantee shall ensure the Nonprofit will maintain its "Active" status with the California Secretary of State, maintain its "Current" status with the California Attorney General's Registry of Charitable Trusts, and maintain its federal and State of California tax-exempt status. d. All of the information in its Grant Application and all materials submitted are true and accurate. N. AIR OR WATER POLLUTION VIOLATION 1. Under the state laws, the Grantee shall not be: (1) in violation of any order or resolution not subject to review promulgated by the State Air Resources Board or an air pollution control district; (2) subject to cease and desist order not subject to review issued pursuant to Section 13301 of the Water Code for violation of waste discharge requirements or discharge prohibitions; or (3) finally determined to be in violation of provisions of federal law relating to air or water pollution. TERMS AND CONDITIONS • i-► ►-1t ■-► 1. Grantee agrees to immediately inform the State, in writing, of any changes to the name of the person within the Organization/Agency/Agency with delegated signing authority. 2. An Amendment is required to change the Grantee's name, as listed on this Grant Agreement. Upon receipt of legal documentation of the name change, the State will process the Amendment. Payment of invoices presented with a new name cannot be paid prior to approval of said Amendment. P. RESOLUTION 1. A county, city, district, or other local public body shall provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body, which by law, has authority to enter into a Grant Agreement, authorizing execution of the Grant Agreement. L�7e\'��1�7_\�_\7xK�7777i77������►�iL! 1. This form shall be completed by all non -governmental Grantees. R. FINANCIAL INFORMATION SYSTEM FOR CALIFORNIA GOVERNMENT AGENCY TAXPAYER ID FORM 1. This form shall be completed by all Grantees. S. CONFLICT OF INTEREST 1. This section serves to make the Grantee aware of specific provisions related to current or former state employees. If Grantee has any questions regarding the status of any person rendering services or involved with the Grant Agreement, the Grantee shall contact the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) immediately for clarification. 2. Current State Employees: a. No officer or employee shall engage in any employment, activity, or enterprise, from which the officer or employee receives compensation or has a financial interest, and which is sponsored or funded by any state agency, unless the employment, activity, or enterprise is required, as a condition of regular state employment. No officer or employee shall contract on their own behalf, as an independent Grantee, with any state agency to provide goods or services. 3. Former State Employees: a. For the two-year period from the date they left state employment, no former state officer or employee may enter into a contract in which they engaged in any of the negotiations, transactions, planning, arrangements, or any part of the decision -making process relevant to this Grant Agreement while employed in any capacity by any state agency. For the 12-month period from the date they left state employment, no former state officer or employee may enter into a contract with any state agency if they were employed by that state agency in a policy -making position in the same general subject area as the proposed Grant Agreement within the 12-month period prior to their leaving state service. 4. The authorized representative of the Grantee Organization/Agency, named within this Grant Agreement, warrants their Organization/Agency and its employees have no personal or financial interest and no present or past employment or activity, which would be incompatible with TERMS AND CONDITIONS participating in any activity related to this Grant Agreement. For the duration of this Grant Agreement, the Organization/Agency and its employees will not accept any gift, benefit, gratuity or consideration, or begin a personal or financial interest in a party who is associated with this Grant Agreement. 5. The Grantee Organization/Agency and its employees shall not disclose any financial, statistical, personal, technical, media -related, and/or other information or data derived from this Grant Agreement, made available for use by the State, for the purposes of providing services to the State, in conjunction with this Grant Agreement, except as otherwise required by law or explicitly permitted by the State in writing. The Grantee shall immediately advise the State of any person(s) who has access to confidential Project information and intends to disclose that information in violation of this Grant Agreement. 6. The Grantee will not enter into any Grant Agreement or discussions with third parties concerning materials described in paragraph five (5) prior to receiving written confirmation from the State that such third party has a Grant Agreement with the State, similar in nature to this one. 7. The Grantee warrants that only those employees who are authorized and required to use the materials described in paragraph 5 will have access to them. 8. If the Grantee violates any provisions in the above paragraphs, such action by the Grantee shall render this Grant Agreement void. T. EQUIPMENT -USE TERMS The Grantee agrees any equipment purchased under this Grant Agreement shall be used for impaired driving efforts. 2. Law Enforcement Projects: Oral Fluid Drug Screening Devices and Cannabis/Marijuana Breath Testing Equipment - The Grantee agrees to ensure all personnel using road -side drug testing equipment, including oral fluid drug testing devices and/or cannabis/marijuana breath testing devices, purchased with grant funds from this Grant Agreement, are trained to recognize alcohol and drug impairment. At a minimum, personnel using these devices should receive Standardized Field Sobriety Testing training. These personnel are also encouraged to attend Advanced Roadside Impaired Driving Enforcement and Drug Recognition Evaluator training. Prior to using these devices, the Grantee agrees to obtain permission from their local prosecutor's office, establish a policy ensuring appropriate use, and require the staff using these devices to receive appropriate training, which may include training from the manufacturer. This will help ensure the equipment is used appropriately. The Grantee shall advise the State (California Highway Patrol, Impaired Driving Section, Cannabis Grants Unit) of any legal challenges or other items of significance that may affect the use or legal acceptance of these devices. Additionally, the State may request additional information about the performance of these devices, including information about their use, accuracy, and feedback from personnel using the devices. Law Enforcement Vehicles — The Grantee agrees any law enforcement vehicles purchased with Grant funds, from this Grant Agreement, will be primarily used for the enforcement of driving under the influence laws and/or providing public education, related to the dangers of driving under the influence. Additionally, any vehicle purchased using funds from this Grant Agreement shall comply with all California Vehicle Code and California Code of Regulation requirements. The State may require the Grantee to mark these vehicles with a decal and/or emblem, indicating the vehicle is used for driving under the influence enforcement. Schedule A Baldwin Park Police Department All grant awards, including any adjustments to requested funding, were made by the Cannabis Grants Unit based on the merits of the Grant Application, scale of operation, and in accordance with the Request for Application (RFA) requirements and associated regulations. As a result, not all Project activities and items detailed in Schedule A are applicable. Refer to Schedule B - Detailed Budget Estimate for approved Budget line items and Project activities. Project activities and items that are not clearly identified/specified in the Grant Agreement must be submitted to and approved by CGU prior to purchase. Project Description The Baldwin Park Police Department has seen as increase in impaired driving incidents involving alcohol and drugs since the legalization of marijuana. The Baldwin Park Police Department impaired driving enforcement project strategy consists of three prongs: Training, Education, and Enforcement. The Baldwin Park Police Department Project will promote increased public awareness of the dangers of driving under the influence of alcohol, drugs, and marijuana. Enforcement of D.U.I. laws pertaining to driving under the influence of alcohol, drugs, marijuana, and other associated collision factors will reduce the number of citizens killed or injured in collisions. Through the Baldwin Park Police Department impaired driving enforcement project, we will enhance public safety and reduce the number of persons killed or injured in collisions involving alcohol, drugs, and marijuana. Project funds will be used for D.U.I. saturation patrol overtime salaries and a dedicated D.W. enforcement vehicle to carry out C.T.F.G.P. enforcement efforts. The BPPD project will also provide police officers the needed training to recognize the signs and symptoms of impairment (SFST, ARIDE, DRE). Funds will be used to train additional police officers to recognize the signs and symptoms of impairment for DUI investigations to highlight awareness and purchase equipment to support our DUI enforcement and prosecutions efforts. Through the BPPD impaired driving educations and enforcement project, officers will gain proper training and experience in identifying drivers under the influence of alcohol, drugs, and marijuana to better serve the community and improve public safety. Problem Statement & Proposed Solution Problem: The City of Baldwin Park continues to experience a rise in DUI injury collisions. Patrol officers are discovering more DUI drivers at the scene of severe traffic collisions. BPPD has recognized the need for specially trained SFST and ARIDE officers. BPPD has trained several officers over the last year to help reduce the number of DUI injury collisions. Due to the volume of patrol -related service calls, officers cannot focus primarily on suppressing DUI. As a result, patrol officers continue to find crashes involving DUI drivers. The Baldwin Park Police Department has motivated police officers who want to become experts in locating and apprehending impaired drivers. Through attrition, newer officers have lost the skill for spotting driver impairment due to alcohol and or drugs, especially when it comes to recognizing the signs and symptoms of being under the influence of marijuana. In 2020, BPPD arrested 55 suspected DUI drivers and experienced 31 DUI and DUID-related traffic collisions. The total number of fatal traffic collisions for the year was four (4). The total number of traffic collisions for the year was 327. In 2021, BPPD arrested 65 suspected DUI drivers and experienced 26 DUI and DUID-related traffic collisions. The total number of fatal traffic collisions for the year was one (1). The total number of traffic collisions for the year was 325. In 2022, BPPD arrested 83 suspected DUI drivers and experienced 32 DUI and DUID-related traffic collisions. The total number of fatal traffic collisions for the year was five (5). The total number of traffic collisions for the year was 328. In 2023, BPPD arrested 99 suspected DUI drivers and experienced 45 DUI and DUID-related traffic collisions. The total number of fatal traffic collisions for the year was five (5). The total number of traffic collisions for the year was 346. Schedule A BPPD currently has 32 sworn officers assigned to patrol. Out of the 32 sworn officers, only 13 have been to an SFST/ARIDE class. Patrol officers that have not been properly trained are inhibited from identifying, evaluating, and apprehending impaired drivers. Over half of the patrol officers are not knowledgeable in conducting a DUI investigation or arrest. Half of the sergeants who are assigned to patrol have not attended an SFST/ARIDE training class. Trained supervision is important for DUI investigations and reports. Every completed report is submitted to the field supervisor for approval. Having trained supervisors who can detect errors and provide direction on how to improve reports will help patrol officers succeed. We currently have one DIRE certified officer. ARIDE and DIRE courses provide officers with training on how to properly investigate drug -related DUI. The low number of arrests for DU1. Drivers who choose to operate a vehicle under the influence of alcohol, drugs, and marijuana will continue to do so unless officers receive proper training, the community is educated on the dangers, and enforcement is conducted with solid investigative practice. Solution: Provide specialized law enforcement training in DUI investigation to patrol officers, educate the public on the danger of DUI/DUID, and support continued DUI enforcement with equipment. Providing BPPD officers specialized training in DUI investigations will provide the officers that work on the streets daily the needed skills to identify, locate and apprehend DUI/DUID drivers thus reducing DUI/DUID related incidents. Having patrol officers specially trained in DUI investigation will facilitate better investigations, better report writing, and greater experience to build up an officer's confidence in handling DUI/DUID cases. Out of the 32 sworn officers assigned to patrol, only 13 have been to an SFST/ARIDE class. Patrol officers that have not been properly trained are inhibited from identifying, evaluating and apprehending impaired drivers. Over half of the patrol officers are not knowledgeable in conducting a DUI investigation or arrest. The proposed solution also is to conduct 32 (8-hours) directed DUI saturation details over the fiscal grant year. Four (4) SFST/ARIDE trained officers will work together in pairs of two to locate and carry out DUI enforcement within the city limits of Baldwin Park and will be supervised by one sergeant. BPPD is a small law enforcement agency with limited patrol vehicles. Officers will utilize a dedicated DUI enforcement vehicle obtained through rant project funding to facilitate the DUI saturation details. The dedicated DUI traffic enforcement vehicle will be fully equipped with emergency lighting, a siren, a police radio, in -car radar, and prisoner transport equipment. The funding for the DUI saturation details will reduce the number of DUI/DUID and marijuana -related injury collisions and enhance community safety through education and enforcement. To accomplish this project objective, the following budget items are needed: Training: a. (20) Police officers will be trained in SFST/ARIDE. b. (2) Police Sergeant will be trained in SFST/ARIDE. c. (2) Police officers will be trained in and certified as DIRE. Enforcement Overtime Salary: a. (32) DUI Saturation Patrol - 8-hour details (Comprised of four officers paired into two -person enforcement teams and one supervisor). Equipment: a. DUI Enforcement Vehicle Performance Measures/Scope of Work The Goal of the Baldwin Park Police Department Impaired Driving Enforcement Grant is to Save Lives and maintain the positive effects of this grant for several years after. Through public awareness and enforcement, the Baldwin Park Police Department will work to reduce D.U.I./D.U.I.D. -related incidents by 25% and D.U.I./D.U.I.D. fatal collisions by 50% The following objective must be accomplished to complete the grant. Objective: Directed Enforcement 1. The BPPD will conduct (32) D.U.I. enforcement details throughout the grant year. These D.U.I. enforcement details specifically target D.U.I. drivers to reduce the number of injuries and fatal collisions. Officers working on the D.U.I. enforcement details will utilize specialized SFST/ARIDE training to conduct their D.U.I./D.U.I.D. investigations. Schedule A a. Overtime salaries: (32) DUI/DUID enforcement details will consist of four (4) officers paired into two -person teams with (1) supervisor. Two -person teams are needed to conduct DUI/DUID investigations safely. DUI enforcement details will be conducted primarily during nighttime hours for 8 hours. A minimum of (8) DUI enforcement details will be conducted in each quarterly period of the grant. b. Equipment: (Dedicated D.U.I. Enforcement Vehicle) To facilitate BPPD's enforcement efforts, officers assigned to the detail will utilize a dedicated marked "D.U.I. Enforcement" vehicle to locate and apprehend impaired DUI/DUID drivers and enforce primary collision factors (Speeding, unsafe turning movements, failure to yield, and so on) associated with D.U.I. incidents. A dedicated D.U.I. Enforcement Vehicle is needed to achieve the goal of the grant. The D.U.I. Enforcement Vehicle will provide officers with the means to carry out directed enforcement duties targeting D.U.I./D.U.I. drugs and associated collision factors and facilitate the successful reduction of D.U.I./D.U.I.D. related incidents and fatal collisions. D.U.I. enforcement detail will be conducted primarily during nighttime hours for 8 hours. The D.U.I. Enforcement Vehicle will be utilized for a minimum of (8) D.U.I. enforcement details in each quarterly period of the grants. Project Performance Evaluation The Baldwin Park Police Department will utilize data compiled during the grant term to complete a final evaluation in the fourth/final quarter of the project. The final evaluation will provide a summary of the grant's accomplishments, challenges, and significant activities. The Baldwin Park Police Department will also include whether the goals and objectives were met, or exceeded, or an explanation of why objectives were not complete. The Baldwin Park Police Department utilizes Spillman Analytics Software to track traffic collision data. This program has the capability of keeping detailed information on DUI -related incidents. Data from Spillman program will be utilized to compare data obtained during the grant year and years prior. This data will provide information on the success of the grant. The Baldwin Park Police Department will compile statistics on DUI, DUI traffic collisions, DUI injury traffic collisions, and DUI traffic fatalities for quarterly evaluations. Program Sustainability Officers experienced in DUI/DUID investigations will pass on their knowledge to newer officers in the department, continuing the enforcement effort. This experience will provide these officers with greater confidence in their ability to proactively seek out DUI/DUID drivers and handle these types of investigations. The expertise gained will continue to develop long after the end of the grant, further improving public safety in the community. Obtaining specialized equipment through this grant project, such as a dedicated DUI Enforcement Vehicle, is essential to the success of the project. The dedicated DUI Enforcement Vehicle will facilitate DUI enforcement and enhance out department's efforts to deter, identify, and prosecute DUI/DUID cases for many years after the grant has ended. The Baldwin Park Police Department is dedicated to the safety of the community and is committed to reducing DUI/DUID-related incidents, injuries, and fatalities. Administrative Support The Baldwin Park Police Department has successfully managed OTS STEP grants. Records are maintained and statistics are regularly updated by a Police Sergeant who is the grant coordinator. Statistical records are entered into Spillman Program by the department's records Bureau. The City of Baldwin Park Finance Department handles the processing of all financial records for OTS grant billing. The Baldwin Park Police Department is adequately staffed, motivated, and ready to carry out the necessary takes to reduce DUI/DUID incidents and increase public safety in the community. Schedule B Detailed Budget Estimate Award Number Organ ization/Agency Total Amount 91110M am 17870 Baldwin Park Police Department $282,560.00 Cost Category Line Item Name Total Cost to Grant Other Direct Costs DUI Patrol Vehicle - Outfitting $25,000.00 DUI Patrol Vehicle - Decals/Graphics $600.00 Category Sub -Total $25,600.00 Personnel DUI Saturation Patrol $125,440.00 Backfill $63,434.12 Category Sub -Total $188,874.12 Equipment I DUI Patrol Vehicle $68,085.88 Category Sub -Total $68,085.88 I Grant Total $282,560.00 Schedule B-1 Budget Narrative Baldwin Park Police Department Prior to engaging in grant -funded Saturation Patrols, DUI Checkpoints, or other enforcement activities in areas where the grantee does not have primary traffic jurisdiction, the grantee should consult with the agency having primary traffic jurisdiction. Other Direct Costs DUI Patrol Vehicle - Outfitting (Any outfitting costs that are not vehicle wrap, lights/siren, Police radio, and partition are not eligible costs and will not be reimbursed). $25,000.00 Equipment for DUI Enforcement Vehicle (Pre -law enforcement conversion). Please see attached file for details. ALGT53J-1670286073 Allegiant 53" Dual Color/ Black Domes 1 1,842.95 1,842.95 THKB-DUR11-HP Light Bar Hook Kit Dodge Durango 2015-2022 1 0.00 O.00T PF200S17B Pathfinder 17 Button (TB-INTG22) 1 1,278.90 1,278.90T ES100C Speaker, ESOOC/DynaMax, 100W, High Output 1 304.49 304.49T ESB-U Universal Siren Speaker Bracket for ES100 1 38.96 38.96T ES100C Speaker, ESOOC/DynaMax, 100W, High Output 1 0.00 O.00T ESB-U Universal Siren Speaker Bracket for ES100 1 0.00 O.00T OBDCABLE25-DGCAN 25-ft OBD Cable, 2018-2023 Dodge Charger/Dodge Durango 1 150.00 150.00T EXPMOD24 24-Channel Expansion Module 1 306.87 306.87T 36-4075 Westin Push Bumper Elite Dodge Durango 2021-2023 1 461.25 461.25T 36-6005F2MP Two Light Channel Federal Signal MicroPulse Light Ford PIU 1 42.89 42.89T 36-4075WC Westin Push Bumper Elite Wire Cover Dodge Durango 1 46.19 46.19T MPS62U-BW Micropulse Dual Color Blue / White Mirror Forward Facing 1 159.80 159.80T MPS62U-RW Micropulse Dual Color Red / White Mirror Forward Facing 1 159.80 159.80T MPS62U-RB Micropulse Dual Color Red / Blue 4 159.80 639.20T FHL-CHG Headlight Flasher Dodge Charger/ Durango 2018-2023 Fog Lamp Only for Durango /Halo Rear only for Charger 1 102.55 102.55T FHL-TAIL Flasher, Taillight, Universal 1 96.99 96.99T CC-21 DUR-0810 2021+ Durango 18" Console, 8" Slope, 10" Level Area, Relocates OEM USB Ports 1 534.79 534.79T AC-INBHG Troy 4" Internal Dual Cup Holder 1 51.84 51.84T AC-TB-ARMMNT-58 Console Mounted Height Adjustable Swivel Arm Rest 1 172.53 172.53T DS-PAN-1111-2 Docking Station For Panasonic TOUGHBOOK 33 2-In-1 Laptop with Dual Pass-Thru Antenna Connections 1 1,293.30 1,293.30T WB450 Laird 1/4 Wave Antenna, 450-470Mhz, Black 1 15.04 15.04T WB152 Laird 1/4 Wave Antenna, 152-162Mhz, Black 1 13.61 13.61T 22174 MiniUHF Male Crimp-RG58 2 3.75 7.50T Ch27.1.20/1_3 27 Circuits W/ Modular Smart Start Timer and L3 bracket for Ford Utility with 20ft long Output Wires. 1 783.00 783.00T FULL, BUILD Installation of all Emergency Equipment and customer provided Two Way radio into a 2024 Dodge Durango Police Vehicle. 1 3,850.00 3,850.00 WIRE TERMINALS Wire, Terminals, Tie -Wraps, Hardware 1 260.00 260.00T $24,210.80 DUI Patrol Vehicle - Decals/Graphics $600.00 Exterior graphics marking vehicle as police and DUI Enforcement. Digital Print 10.25" x 66.5" POLICE x 2 both side doors: $196.96 1.75" x 27.25" Baldwin Park x 2 both sides: $37.00 2" x 12.5" Police REAR: $18.75 ROOF Number 13" $55.00 BPK 11" $45.00 Unit Numbers: $30.00 Labor: $142.50 SUBTOTAL: $549.21 SALES TAX (9.5%) $38.64 TOTAL: $587.85 Personnel Backfill $63,434.12 Overtime Backfill OFFICERS (20) - SFST/ARIDE Overtime Backfill Amount calculated to backfill patrol staffing for twenty (20) police officers at the overtime rate of $95.00 (per hours) to facilitate patrol coverage while the department sends them to CHIP 16-hour SFST course and CHP 16-hour ARIDE course for an accumulative total of 32-hours per officer. $95 X 32 = $3040 3040 X 20 students = $60,800. Schedule B'1 Budget Narrative Baldwin Park Police Department DUI Saturation Patrol $125,440.00 (4)Officers and (1)Sergeant '8hours per DUI Saturation Patrol. (32)DUI Saturation Patrols ingrant year '(8per Quarter). Overtime Pay Rate: Officer -0T$U5/hour;Sergeant 'OT$110/hour)TOTAL: (OFFICER '8hours X$U5 X32X4=$87.280;SERGEANT -8X110X32X1=$28.160;TOTAL =$125.440) Equipment DUI Patrol Vehicle $88.085.88 Base Vehicle: $58.320.00prenstoledOptions $28S0Document Prep Fee $85Uoense/Tbe: $710Tlre/Baftery/VTR Fee $875Sales Tax $82S3.13Total Price: $S8085.88West Covina Dodge (Stook#PCS04588) RESOLUTION NO. 2024-039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK CERTIFYING THE APPLICATION FOR THE STATE OF CALIFORNIA HIGHWAY PATROL CANNABIS TAX FUND GRANT PROGRAM, ACCEPTING FUNDS IN THE AMOUNT OF $282,560.001 AND AUTHORIZING THE CHIEF OF POLICE TO EXECUTE THE GRANT PROGRAM AGREEMENT AND RELATED DOCUMENTS WHEREAS, the California Highway Patrol has been delegated the responsibility by the Legislature of the State of California for the administration of the Cannabis Tax Fund Grant Program (the Grant Program), setting up necessary procedures governing the application; and WHEREAS, the procedures established by the California Highway Patrol require the City to certify by Resolution the approval of the application to the State; and WHEREAS, successful Grant Program applicants will enter into an agreement with the California Highway Patrol to complete the Grant Program; WHEREAS, following the City's submittal of Grant Program application to the California Highway Patrol, the City was awarded $282,560.00 in Grant funds; and WHEREAS, in order to be considered eligible to receive Grant Program funding, the City must adopt a Resolution accepting the award and execute the required documents in relation thereto. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY RESOLVE, DETERMINE, FIND AND ORDER AS FOLLOWS: Section 1. The foregoing recitals are true and correct. Section 2. The City of Baldwin Park certifies that it has reviewed, understands, and agrees to the general provisions contained in the Grant Program regulations and hereby ratifies and approves the application for Grant Program funding. Section 3. The City of Baldwin Park hereby accepts an award in the amount of $282,560.00 from the California Highway Patrol for the Grant Program and agrees to comply with all applicable federal, state, and local laws, ordinances, rules, regulations, and guidelines. Section 4. The City of Baldwin Park hereby certifies that it has, or will have available, prior to commencement of any work on the project included in the Grant Program application, the sufficient funds to complete the project. The City further certifies that it has, or will have, sufficient funds to operate and maintain the project. Section 5. The Chief of Police is hereby authorized to conduct all negotiations, sign and submit all documents, including, but not limited to applications, agreements, amendments, and payment requests, which may be necessary for the completion of the Grant Program. PASSED, APPROVED AND ADOPTED this 7th day of August, 2024 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. 2024-039 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 7th day of August, 2024 by the following vote: AYES: NOES: ABSENT: ABSTAIN: CHRISTOPHER SAENZ CITY CLERK ITEM NO. 8 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works s'EL� : PREPARED BY: Yovanni Viramontes, Associate Engineer JAN0;,DATE: August 7, 2024 SUBJECT: Award Professional Services Agreement to John L. Hunter and Associates to Perform Commercial and Industrial Inspections for Stormwater Quality Compliance. SUMMARY The purpose of this staff report is for City Council to consider awarding a Professional Services Agreement (PSA) to John L. Hunter and Associates for assistance with National Pollutant Discharge Elimination System (NPDES) and Industrial Program compliance inspections. RECOMMENDATION It is recommended that the City Council: 1) Authorize the Mayor to execute a Professional Service Agreement with John L. Hunter and Associates (JLHA) in the amount not to exceed of $74,850.00 for assistance with NPDES and Industrial Waste Program Inspections; and 2) Authorize the Director of Finance to appropriate an amount not -to -exceed $17,000 from Account 258- 50-510-51100-15400 and $57,850 from Account 249-50-510-51100-15400 to fully fund the professional services; and 3) Authorize the Public Works Director to process the necessary documentation for the requested services. FISCAL IMPACT There is no fiscal impact to the General Fund. The funds are available in Account 258-50-510-51.1.00-15400 ($40,000) and 249-50-510-51100-15400 ($171,500) in the approved budget for Fiscal Year 2024/2025. BACKGROUND The City of Baldwin Park, operating under Los Angeles Water Board NPDES Permit No. CAS004004, is mandated to regularly inspect commercial and industrial facilities for stormwater quality compliance. This permit targets stormwater discharges within coastal Los Angeles County, ensuring pollutants such as oil, wastewater, and trash do not enter the storm drain system and ultimately contaminate local waterways. The City is an enrollee under State Water Board Order WQ 2022-0103-DWQ. This order requires a program to mitigate sanitary sewer blockages caused by Fats, Oils, and Grease (FOG) discharged by businesses into the sanitary sewer system. This program is bolstered by the City's existing Industrial Waste (IW) ordinance, adopted in 1983, which aligns with the goals of the State's FOG Program mandate. The objective of these NPDES, FOG, and IW programs is twofold: 1. Prevent Pollution: Safeguard waterways from contamination caused by polluted urban runoff originating from industrial and commercial facilities. 2. Protect Infrastructure: Prevent the degradation of the City's sanitary sewer system by mitigating FOG - related blockages. Page I / 3 3. To meet State requirements and adhere to the City's IW ordinance, businesses under these programs are subject to regular inspections to ensure compliance. The LA Water Board requires biannual stormwater quality inspections, while the City's IW ordinance mandates annual inspections, with some businesses requiring multiple inspections within a year. Key business types targeted for inspection under these programs include: 1. Food service establishments 2. Vehicle maintenance facilities 3. Manufacturers/producers 4. Transportation industry 5. Waste storage and hauling facilities DISCUSSION In order to meet the requirements set by the State, LA Water Board, and City's Industrial Waste ordinance, Staff sent a request to the city on -call consultant, JLHA, that specializes in NPDES and Industrial Programs, to assist with completing one round of mandatory inspections for both programs. JLHA was added to the city's on -call list after being selected as an approved consultant during the latest request for qualifications approved by City Council. They specialize in the services being requested by the city and have provided a proposal with two options. The first option included one round of NPDES MS4 compliance inspections for approximately 350 industrial and commercial facilities identified by the city for a total of $56,600. The second option includes the services for Option 1 (first round of NPDES MS4 inspections) and providing one round of Industrial Waste Inspections for approximately 300 permitted facilities for a total of $74,850. As part of both options JLHA will also provide follow-up inspections to verify corrections are made after the initial inspection. To be in compliance of both programs, Staff is recommending to proceed with Option 2 for the following reasons: 1. Both Programs require annual inspections to be in compliance and receive local funds for management of the NPDES and Industrial Waste Programs. 2. There are over 600 potential inspections to be conducted, which demands an excessive amount of time and resources estimated to take approximately 800 hours to complete per JLHA proposal. This heavy commitment will inadvertently divert attention from other essential responsibilities if done by Staff. 3. JLHA, Option 2, is providing a discount on services in the amount of $22,500 since there is a crossover between the inspections for the two programs. 4. Although the city will pay JLHA for these services, the offset cost of annual inspection fees is estimated to be in excess of $122,700 based on 300 businesses with a SIC code Inspection Class of A. If a business has an inspection class of B, C, D, E, or M, the annual inspection cost will be higher and vary per the City IW Program Fee Schedule. ALTERNATIVES 1. The City Council may choose not to award the professional service agreement with John L. Hunter and Associates (JLHA) at this time and direct staff to bring the item back at a later date with additional options. 2. Provide Staff with 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. Page 2/3 LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Professional Services Agreement 2. Proposal from JLH Page 3 / 3 Consultant Services Agreement Page 1 of 6 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 7th day of August, 2024 by and between the City of Baldwin Park, ("City"), and John L. Hunter and Associates ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month -to -month basis, but shall not exceed the total compensation. 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth at a not -to -exceed compensation amount of $74,850.00. 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to Consultant Services Agreement Page 2 of 6 such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, Consultant Services Agreement Page 3 of 6 agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant. 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL ACTIVITY/LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to Consultant Services Agreement Page 4 of 6 and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT: Attn: Cameron McCullough John L. Hunter and Associates 6131 Orangethorpe Avenue Buena Park, CA 91706 (626) 536-2173 (B) City of Baldwin Park Att.: Sam Gutierrez 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ex. 460 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. Consultant Services Agreement E- lil WITNESS WHEREOF, the parties have omouted thjs� Aqr"ont on the day flitt above Written. By: Name Cameron McCullou Whh Title Director CITY OF BALDWIN PARK By: Emmanuel J, Estrada Mayor Date: APPROVED AS "'rO FORM: By. - Norma Tabares City Attorney Date: EXHIBIT A SCOPE OF SERVICES JLHA MUNICIPAL CONTRACTOR July 31, 2024 Sam Gutierrez City of Baldwin Park 14403 E Pacific Ave Baldwin Park, CA 91706 Proposal for NPDES Industrial/Commercial Facility Program Assistance for Fiscal Year 2024-25, including an Optional Task for Industrial Waste Program Inspections Dear Sam Gutierrez: We at John L. Hunter and Associates (1LHA) welcome the opportunity to provide our professional surface water quality services to the City of Baldwin Park. Our scope of services consists of providing knowledgeable personnel to assist the City with the tasks described below. Option 1: NPDES MS4 Industrial/Commercial Facilities Program Assistance We will conduct one round of MS4 NPDES compliance inspections at approximately 350 industrial and commercial facilities identified by the City. We will inspect facilities for proper BMP implementation. Inspections standard operating procedures includes 1) inspecting facility layout to locate the stormwater drainage path, storage areas, process areas, and heavy equipment wash and maintenance areas, as applicable, 2) determining the facility's impact on stormwater quality through proper BMP implementation and illicit discharge elimination, 3) verifying industrial classification, and 4) determining the need for corrective actions and setting up follow-up dates. For egregious or repeated cases of noncompliance, we will assist in preparing enforcement notices. If noncompliance persists, we can work with City enforcement staff to resolve the issue. Work under this program will also include facility tracking, business education, and assisting industrial businesses with enrollment issues under the NPDES Industrial General Permit. Option 2: NPDES MS4 Industrial/Commercial Facilities Program and Industrial Waste Program Assistance In addition to implementing Option 1, we are available to assist the City with its Industrial Waste Program by providing one round of Industrial Waste inspections at approximately 300 IW permitted facilities. We will inspect to verify proper control of industrial waste discharges to the City's sanitary sewer system. The compliance inspections focus on employee education as well as verification of proper source control BMPs and grease trap/interceptor maintenance. We complete an inspection report and provide it to the facility contact. If corrections are required, the inspector lists them on the inspection report. We conduct follow-ups to verify that the corrections were made. Some common issues can be addressed via email or phone, such as the need to provide updated industrial waste or yellow grease hauling/interceptor pump -out records. Schedule and Cost The timeframe of this proposal is from July 1, 2024, to June 30, 2025. Our rate schedule and estimated costs are on the following page. We have applied a discount to the Option 2 task due to the tie in with the Industrial Waste Inspection Program. We will not exceed the total cost estimate without City authorization. If you have any questions you can reach me at cmccullough@jlha.net or 562.726.4259. Sincerely, Cameron McCullough, Director Standard Rate Schedule Principal $220 / hour Director $195 / hour Program Manager $195 / hour Staff Engineer $195 / hour Project Manager $185 / hour Assistant Project Manager $165 / hour Project Engineer $165 / hour Compliance Specialist 11 $135 / hour Project Analyst 11 $135 / hour Compliance Specialist 1 $125 / hour Project Analyst 1 $125 / hour Administrative Assistant, Laborer (OSHA 40hr certified) $85 / hour State Certified Laboratory Analysis Cost + 5% Legal Consultation, Court Appearances/Document review, etc. $290 / hour Subcontracted equipment Cost + 5% Fee Schedule effective as of April 10, 2023 Estimated Costs for Services Option 1: Estimated Costs for NPDES Industrial/Commercial Facility Program rrt . . m.. Tea '' Fia t a H ou:;r Co'•f.„ 1 CS1 $125 364 $45,500 Activities include 1) facility inspections (assume 350 PA2 $135 20 $2,295 site visits and 35 follow-up visits), 2) facility tracking, 3) PA1 $125 20 $2,500 business education, 4) enforcement, and 5) project management CS1 $125 18 $2,250 PM $185 18 $3,330 Total Not to Exceed $55,875 * CS: Compliance Specialist, PA: Project Analyst, Project Manager Option 2: Estimated Costs for both the NPDES Industrial/Commercial Facility Program and the Industrial Waste Program Activities include a) facility inspections (assume 300 CS1 $125 307 $38,375 site visits and 15 follow-up visits), b) facility tracking, c) CS1 $125 10 $1,250 business education, d) enforcement, and e) project PM $125 10 $1,850 management * CS: Compliance Specialist, PA: Project Analyst, Project Manager 4 ITEM NO. 9 +�►��Wz, TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works s'EL PREPARED BY: David Lopez, Associate Engineer '��n �arruw DATE: August 7, 2024 SUBJECT: Accept Plans and Specifications and Authorization to Publish Notice Inviting Bids for City Project No. CIP 24-001-55027 — Morgan Park Restroom Improvements SUMMARY This item will accept and approve plans and specifications and authorize staff to solicit bids through the publication of a Notice Inviting Bids for construction of City Project No. CIP 24-001-55027 — Morgan Park Restroom Improvements. The project includes construction of improvements to the existing public restroom building at Morgan Park. Improvements include plumbing, ADA building code compliance improvements, wash stations, stalls, infant changing stations, fixtures change out and interior wall remodel. RECOMMENDATION It is recommended that the City Council accept and approve the plans and specifications for City Project No. CIP 24-001-55027 and authorize staff to publish a Notice Inviting Bids for construction. FISCAL IMPACT There is no fiscal impact to the General Fund. Upon review of bids received, staff will recommend a construction contract award. At that time, staff will also provide a construction cost estimate with a breakdown by improvements to be constructed. BACKGROUND At their August 2, 2023, City Council Meeting, City Council awarded an agreement to Infrastructure Engineers a Bowman Consultant Group, Ltd. Company (Bowman) for design services, including the preparation of Plans, Specification, and Estimate (PS&E) for improvements to the public restrooms at Morgan Park. As part of the work, Three (3) conceptual renderings were produced and shared at community engagement events. Community participation contributed to the selected design. On March 6, 2024, Bowman has completed the work and submitted the PS&E for plan check and approval. On April 11, 2024, staff received a proposal from RKA Consulting Group to provide services for Building and Safety Code plan check review. RKA completed its review on May 14, 2024 and provided staff with comments and corrections. On June 11, 2024, Bowman re -submitted the PS&E addressing the corrections for staff review. DISCUSSION Staff has completed review of the PS&E and is recommending the project for construction. This project includes construction of improvements to an existing restroom building in Morgan Park. Improvements include plumbing, ADA building code compliance improvements, wash stations, stalls, infant changing stations, fixtures change out and interior wall remodel. Page I / 2 1. The City Council may choose not to accept the plans and specifications and task staff to provide alternative designs. This action is not recommended as the PS&E is complete and ready for bid. Delaying the project may risk meeting certain budget expenditure requirements. 2. Provide staff with alternate direction. CEQA REVIEW The subject project, Morgan Park Restroom Improvements, is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities) which consists of the operation, repair, maintenance, permitting, leasing, licensing, or minor alteration of existing public or private structures, facilities, mechanical equipment, or topographical features. The project meets the exception pursuant to subsection (a) which includes interior or exterior alterations involving such things as interior partitions, plumbing, and electrical conveyances. The key consideration for a Class l exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Notice Inviting Bids 2. Plans and Specifications (PS&E — available electronically at the City Clerk's Office) Page 2/2 NOTICE INVITING SEALED BIDS CITY PROJECT NO. 24-001-55027 Morgan Park Restroom Remodel PUBLIC NOTICE IS HEREBY GIVEN that the City of Baldwin Park invites sealed bids for the above -stated project and will receive such bids in the offices of the City Clerk, 14403 East Pacific Avenue, Baldwin Park, California 91706, until 2:00 P.M., September 11, 2024, at which time the proposals will be publicly opened and read. Bidders and/or authorized agents are invited to be present. All information submitted with the bid is public information and may be subject to disclosure. Project Description — The general nature of work consists of furnishing all labor, material, equipment, services, and incidentals required for the remodel of the restrooms at Morgan Park, including the demolition of the designated items, remodel of the restrooms, Demolish and remove existing ceiling, flooring, walls, partitions and toilet accessories per demolish plans, Replace it with new ceiling, flooring wall, wall tile, partitions, toilet accessories and miscellaneous, plumbing and lighting fixtures per construction plans. The bid items, corresponding estimated quantities, and the time allowed to complete the work are listed in the Proposal. The descriptions of bid items are defined on the construction plans. Proposals — Bids shall be sealed and plainly marked "Sealed Bid for BID CITY PROJECT NO. CIP 24-001-55027" Bids must be prepared using the Contractor's Bid Proposal forms and all the other forms identified in the Instructions to Bidders. The forms required to complete a bid package are found in Section "C" of these Contract Documents. No bids will be accepted if not submitted using the approved forms. The Information to Bidders provides prospective bidders a summary of requirements for acceptance of bids, guidelines that the City uses in awarding contracts, rules to ensure fairness in contractor procurement and guidelines to aid in interpretation of documents. The Construction Contract / Agreement defines the Contract Documents which serve to control construction, work performed, and materials furnished, and includes the Specifications and Plans. Plans and Specifications Documents — Specifications and proposal forms may be requested by contacting the Engineering Division office located at 14403 East Pacific Avenue, Baldwin Park, CA 91706, (626) 960-4011 on and after September 16, 2024, Monday through Thursday between the hours of 8:00 A.M. and 5:00 P.M. Prospective Bidders may obtain electronic versions of all construction documents, addendums, and/or submit questions by visiting the City's website and clicking on "Bid Portal" under the "Public Works" tab or by accessing the link to the project at hit s:i��r .baEdwin a�k.c�am�en inecri� /bids-nd� rc: ols. Bid Security — Each bid must be accompanied by cash, certified check, cashier's check, or bidder's bond made payable to the City of Baldwin Park or issued by a surety admitted to do business in California, for an amount equal to at least ten percent (10%) of the amount of bid. Such guaranty will be forfeited to the City of Baldwin Park should the bidder to whom the contract is awarded fail to enter into the contract. The City of Baldwin Park reserves the right to reject any and all bids and to waive any minor irregularities in the bid documents. Bidders may not withdraw their bid for a period of sixty (60) days after the bid opening date. City Business License, Contractors License and Permit — Prior to contract execution, the contractor and his/her subcontractors shall obtain a City of Baldwin Park business license. In accordance with provisions of Section 3300 of the California Public Contract Code, the City has determined that the Contractor shall possess a valid Class A California Contractor's License or other appropriate license classification under the State Contracting Code at the time the contract is bid. Failure to possess such license may render the bid non —responsive. The successful bidder will be required to obtain a City encroachment permit to work in public right-of-way, issued at no fee for the project. Prevailing Wages — In accordance with the provisions of Sections 1770 et seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined that the general prevailing rates of wages are applicable to the work to be done. The Contractor will be required to pay to all persons employed on the project by the Contractor sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1." These documents can be reviewed in the office of the City Clerk or may be obtained from the State. Contractor's Registration — In accordance with Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal on or after March 1, 2015, or (b) engage in the performance of this Work afterApril 1, 2015, unless currently registered with the Department of Industrial Relations and qualified to perform the work pursuant to labor Code Section 1725.5. Compliance Monitoring and Enforcement — Contractor's performance of the work described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Equivalent Securities — Pursuant to California Public Contract Code Section 22300, substitution of eligible and equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder, unless otherwise prohibited by law. CARB Requirements — The California Air Resources Board ("CARB") implemented amendments to the In -Use Off -Road Diesel -Fueled Fleets Regulations ("Regulation") which are effective on January 1, 2024 and apply broadly to all self-propelled off road diesel vehicles 25 horsepower or greater and other forms of equipment used in California. A copy of the Regulation is available at the following link https://ww2.arb.ca.gov/sites/default/files/barcu/regact/2022/off-roaddiesel/appa- 1.pdf. Bidders are required to comply with all CARB and Regulation requirements, including, without limitation, all applicable sections of the Regulation, as codified in Title 13 of the California Code of Regulations section 2449 et seq. throughout the duration of the Project. Bidders must provide, with their Bid, copies of Bidder's and all listed subcontractors' most recent, valid Certificate of Reported Compliance ("CRC") issued by CARB. Failure to provide valid CRCs as required herein may render the Bid non -responsive. SAM.gov Registration — The regulations at 2 CFR Part 180 restrict awards, subawards and contracts with certain parties that are debarred, suspended or otherwise excluded from or ineligible for participation in federal assisted program, project, or activities. Bidders must have an active registration on the federal Systems for Awards Management found at SAM.c ov. Any Contractors that have been debarred and are listed, will not be eligible to participate. Advertising Dates: SAN GABRIEL VALLEY EXAMINER: Friday, August 16, 2024 Friday, August 23, 2024 ITEM NO. 10 TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Director of Community Development ShBR'EL� = Michelle Bravo, Housing Programs Coordinator DATE: August 7, 2024 SUBJECT: Approval of a two-year extension of the Affordable Homeownership Expansion Agreement and update to the Project Activities Implemented by the San Gabriel Valley Habitat for Humanity SUMMARY This report seeks City Council approval of a two-year extension of the Affordable Homeownership Expansion Agreement and update to the project activities and associated funding sources to allow completion of grant funded activities. RECOMMENDATION Staff recommends that the City Council: 1. Authorize the Chief Executive Officer to approve a no -cost two-year extension of the Affordable Homeownership Expansion Agreement and update to the Project Activities and associated funding sources; and 2. Authorize the Director of Finance to appropriate funding for this updated Program and Project Activities and make the necessary budget adjustment. FISCAL IMPACT There is no fiscal impact to the General Fund. The use of funds for this program were authorized by the City Council on July 19, 2023 as shown in the chart below in the discussion section, approving $3,584,659 in funding under the Affordable Homeownership Expansion agreement. BACKGROUND On October 6, 2021, the Council approved an Affordable Homeownership Expansion Agreement ("AHEA") with San Gabriel Valley Habitat for Humanity ("SGV Habitat") for a term of three (3) years with an optional two-year extension for the purpose of expanding affordable homeownership projects in the City to benefit low-income families. The programs identified included new home construction, acquisition, and rehabilitation of existing homes and/or substantial rehabilitation/critical home repairs for existing homeowners. Low- income families are defined as families that earn 80% or less of the Area Median Income or $1.00,900 for a family of four. (The median household income in Baldwin Park in 2022 was $76,000. To date, most Baldwin Park applicants to SGV Habitat report a household income between $60,000 and $65,000.) On February 16, 2022, the City Council approved the form of the agreements to implement an acquisition and rehabilitation housing program to acquire existing homes and rehabilitate them for sale to low-income families ("Affordable Homeownership Expansion Program or "Program") utilizing HOME Investment Partnership Program ("HOME") Funds. On August 3, 2022, the City Council also approved the form of the agreements to implement an acquisition and Page 1 / 3 rehabilitation housing program utilizing Low -Mod funds to acquire existing homes and rehabilitate them for sale to low-income families. The approval of the form and agreements and use of both HOME and Low -Mod funds authorized the CEO to approve real estate purchases and execute the agreements, thus positioning the City to move swiftly in a competitive seller's market. On April 5, 2023, SGV Habitat made a presentation updating the City Council on the program and project activities since receiving approval of the Affordable Homeownership Expansion Agreement ("AHEA") with SGV Habitat. On July 19th, 2023, the City Council approved an update to the project activities and associated funding sources related to the previously approved Affordable Homeownership Expansion Program with SGV Habitat. On February 21, 2024, SGV Habitat and staff presented a status update to the City Council on two affordable housing projects located at 12779 Torch Street and 4428 Stewart Avenue. DISCUSSION The proposed update to the Program indicates the revised number of units to each respective funding source. The Program will now produce or preserve approximately 12 additional affordable ownership housing units throughout the City. SGV Habitat will continue to complete the following activities as part of the Program: Fund Sources Acquisition Home Renovation/New Rehab Construction 8 284,659 575,000 275,000 - 1,134,659 Garage Conversions/Detac ADUs hed Units 4 - - - 400,000 400,000 125,000 Owner Occupied Critical Rehabilitation 13+13=26 + Repairs _ _ - 200,000 325,000 OWRer 9ssup+ed Rehabilitation 12779 Torch New Construction 12+1=13 - - 525,000 - 525,000 4288 Stewart New Construction 16-1+15 - - 1,200,000 - 1,200,000 54+12=66 284,659 575,000 2,000,000 725,000 3,584,659 Page 2 / 3 Acquisition -rehabilitation. In April 2024 SGV Habitat completed the first S139 lot split in the City and the units have been occupied with two eligible first-time homebuyers. Since 2021, housing costs have increased, making it more expensive to acquire land and houses for rehabilitation. SGV Habitat has consulted with City staff and determined that the remaining unspent funds for acquisition -rehabilitation could be more efficiently used to support the development of more affordable for -sale housing if used to purchase land. Accordingly, SGV Habitat has recently looked at land for sale in the City, with the aim of developing small lot homes as part of a multi -unit site plan. ADUs. SGV Habitat is completing construction on its first affordable detached ADU in Baldwin Park. SGV Habitat is actively investigating the feasibility of constructing a second detached affordable ADU in Baldwin Park in the very near future. Staff is in the process of working with SGV Habitat to identify garage conversions, and plan to reach out to other homeowners in Baldwin Park about this kind of project in the future. Owner Occupied Rehabilitation. Thirteen homes have been repaired and completed for income -eligible Baldwin Park homeowners to date. Repairs include replacement of roofs, fences, gutters, garage doors, doors; exterior painting; upgraded electrical or plumbing; accessibility upgrades; and correcting code enforcement items. SGV Habitat has expended the original allocation of funds for critical home repairs in the Affordable Homeownership Expansion Agreement. One of the homes included a partnership between Oath to Country and SGV Habitat to rehabilitate the home of a Senior Veteran. The rehab of the Senior Veteran home will no longer move forward due to changes in ownership status. Staff is recommending the funds allocated for the veteran home be redirected to complete repairs for approximately 13 homes. As of today, SGV Habitat has a wait list of at least 26 Baldwin Park residents interested in benefiting from the Owner Occupied Rehabilitation Program. 12779 Torch Street. Project plans and tentative tract map have been re -submitted to the City for Design and Plan review. The revised plan calls for 13 units in lieu of the original 12. The project is expected to start construction in January 2025. 4428 Stewart Avenue. Project plans and tentative tract map have been re -submitted to the City for Design and Plan review. The project consists of 11 adaptive reuse units and four more new -construction units on the site of the old Baldwin Park Presbyterian Church. Construction is expected to begin on or about October 1, 2024. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Affordable Homeownership Expansion Agreement SGV Habitat Page 3 / 3 AFFORDABLE HOMEOWNERSHIP EXPANSION AGREEMENT THIS AFFORDABLE HOMEOWNERSHIP EXPANSION AGREEMENT ("Agreement") is dated as of the 6th day of October, 2021, by and between the City of Baldwin Park ("City"), Neighborhood Housing Partners, Inc., a California nonprofit public benefit corporation ("NHP"), and San Gabriel Valley Habitat for Humanity, Inc., a California nonprofit public benefit corporation ("SGV Habitat"). RECITALS A. SGV Habitat is a nonprofit corporation whose organizational goal is to eliminate poverty housing by working with economically disadvantaged individuals and families to create better living conditions, and by providing decent, safe, affordable housing to low -and -moderate income individuals and families. NHP is a nonprofit corporation that operates exclusively to support and benefit SGV Habitat. B. NHP is a Community Housing Development Organization ("CHDO") as defined in 24 CFR Part 92. The HOME Investment Partnership Act regulations (24 CFR Part 92) require the City to invest 15% of the City's HOME funds ("CHDO Reserve Funds") in housing owned, developed or sponsored by CHDO's. NHP, due to its CHDO certification, is eligible to receive 15% in HOME Investment Partnership Act Entitlement Funds from the City or what is referred to as "CHDO Reserve Funds." The City currently has $284,659 of CHDO Reserve Funds. C. The City desires to utilize NHP's and SGV Habitat's knowledge, resources and capabilities in order to seek out, develop and expand affordable homeownership opportunities in the City of Baldwin Park (collectively "Potential Opportunities" or individually, a "Potential Opportunity"). The City, NHP and SGV Habitat desire for SGV Habitat to present the Potential Opportunities to the City, so that the City may evaluate such Potential Opportunities and determine whether to contribute funds .("City Funds") to NHP and/or SGV Habitat to assist with the conversion of such Potential Opportunities to actual projects. The City agrees to set aside up to $3,584,659 (which amount includes the $284,659 of CHDO Reserve Funds) of City Funds to assist with any Potential Opportunities which are approved by the City and become actual projects ("Projects" or individually, a "Project"). D. Each Project utilizing City Funds shall be the subject of a separate agreement entered into between the City and NHP and/or SGV Habitat at the time of the City's approval of the same and the parties' agreement with respect to the terms and conditions of the Project and City Funds. Each such separate agreement shall contain the specific details and requirements of the parties with respect to the same. NHP and SGV Habitat acknowledges that the City may utilize funds which include certain restrictions, such as United States Department of Urban Development Home Investment Partnership Program Funds. NHP and SGV Habitat agrees that any City Funds contributed to any Project shall be used only as allowed by the City consistent with the statutes and regulations governing the use of the City Funds. NOW, THEREFORE, NHP, SGV Habitat and the City, hereby agree as follows: 1. Term of Agreement and Obligations. NHP and SGV Habitat agree to seek out Potential Opportunities in the City of Baldwin Park for a period of three (3) years from the date first set forth above, with an optional two-year extension at the sole discretion of the City ("Term"). During the Term, NHP and SGV Habitat shall diligently and in good faith seek out Potential Opportunities, which Potential Opportunities may include new home construction, acquisition and rehabilitation of existing homes, accessory dwelling unit construction or conversion, substation rehabilitation and the making of critical repairs to existing housing stock, and community improvement projects. 2. Set Aside of City Funds. The City agrees to set aside up to $3,584,659 of City Funds, including $284,659 of CHDO Reserve Funds, to fund any Potential Opportunities which are selected.to and become Projects. These funds are contingent on availability and determination of eligibility to be conducted on a case -by -case basis as NHP and SGV Habitat propose projects for approval. NHP, SGV Habitat and the City each acknowledges that any CHDO Reserve Funds shall be invested only in Projects owned by NHP or NHP-affiliated entities as set forth in 24 CFR Section 92.300, et seq. 3. Submission of Potential Opportunities. Upon selecting a Potential Opportunity, NHP and/or SGV Habitat shall submit to the City for review, a proposal describing and detailing the Potential Opportunity, with supporting documents, which shall include the following documents, reports and information (collectively, the "Submittal'): i (a) Unit mix and proposed income targeting (b) An overview of any proposed construction work with preliminary cost estimates. (c) A proposed schedule for development of the Project and the timeframe for bringing the Projects online and making them available to purchasers. (d) A financial pro forma which contains: (i) a projected development budget for the Project; (ii) a projected sources and uses analysis, and (iii) and anticipated purchase prices of the individual unit or units. 4. City Review and Response to Submittals. The City shall review each Submittal and reject, accept or meet and confer with NHP and/or SGV Habitat. If both the City and NHP and/or SGV Habitat are satisfied with the feasibility of any Project, the City and NHP and/or SGV Habitat shall seek in good faith to negotiate, draft and enter into mutually acceptable agreements for the contribution of City Funds to and the development of such Project. However, by entering into this Agreement, the Parties are not contractually bound to enter into any agreements for the development of any Project. 5. Cooperation. The City agrees to cooperate with NHP and SGV Habitat and supply appropriate information to NHP and SGV Habitat with respect to the availability of the City Funds and the applicable restrictions associated with the use of any such City Funds. The City, NHP and 2 SGV Habitat each agree to provide one another and each of their professional consultants and advisors with any information and assistance reasonably within the capacity of the City, NHP or SGV Habitat, as applicable, to assist with the analysis of the feasibility of each Potential Opportunity. 6. Nondiscrimination. Neither NHP nor SGV Habitat shall discriminate against or segregate, any person, or group or persons on account of basis of race, color, creed, religion, sex, sexual orientation, sexual identity, marital status, national origin, ancestry, familial status, source of income or disability in the sale, lease, sublease, transfer, use, occupancy, tenure or enjoyment of any Project, nor shall NHP or SGV Habitat establish or permit any such practice or practices of discrimination or segregation in the selection, location, number, use or occupancy of tenants, lessees, subtenants, sublessees or vendees of any Project. 7. Environmental Requirements. Certain Federal, state and local environmental requirements (including, but without limitation, the National Environmental Policy Act and the California Environmental Quality Act of 1970, Public Resources Code Section 21000, et seq.) may be applicable to a Project and/or the use of City Funds. Pursuant to such requirements, certain environmental documents may be required to be prepared and certified for each Project prior to the City's commitment of City Funds or entry into any agreements or commitments with respect to any Project. 8. City pprovals and Actions. Whenever a reference is made herein to an action or approval to be undertaken by the City, the City Manager or his or her designee is authorized to act on behalf of City, unless specifically provided otherwise. 9. General Indemnity. NHP and SGV Habitat shall be responsible for all injuries to persons and/or all damages to real or personal property of the City or others, caused by or resulting from the negligence and/or breach of this Agreement, by NHP or SGV Habitat or any of their employees, contractors, subcontractors and/or agents arising out of this Agreement, except those arising from the sole active negligence or sole willful misconduct of the City. NHP and SGV Habitat shall defend and hold harmless and indemnify the City, and all of its councilmembers, agents, officers, representatives, directors and employees from all liabilities, causes of action, demands costs, damages, judgments, expenses and claims (collectively "Claims") by any person resulting from NHP or SGV Habitat's breach of this Agreement or the negligence of NHP or SGV Habitat or any of their employees, contractors, subcontractors and/or agents, arising out of this Agreement. NHP and SGV Habitat shall defend any Claims, at the sole cost and expense of NHP and SGV Habitat, with counsel of the indemnified party's choosing, provided that NHP's and SGV Habitat's obligation with respect to fees of indemnified party's counsel shall be limited to reasonable fees. 10. General Provisions. (a) Address for Notices. All notices under this Agreement shall be in writing and sent (i) by certified or registered U.S. mail, return receipt requested, (ii) overnight by a nationally recognized overnight courier such as UPS Overnight or FedEx, (iii) by personal delivery or (iv) via email. All notices shall be effective upon receipt (or refusal to accept delivery). All notices shall be delivered to the following addresses or such other addresses as changed by any party from time to time by written notice to the other parties hereto: Lender: c/o City of Baldwin Park Attn: Rob Garcica 14403 East Pacific Avenue Baldwin Park, CA 91706 Email: bmartinez@baldwinpark.com Copy to: Christensen & Spath LLP 550 West C Street, Suite 1660 San Diego, CA 92101 Email: wfs@candslaw.net NHP or SGV Habitat: San Gabriel Valley Habitat for Humanity, Inc. Neighborhood Housing Partners, Inc. Attn: Bryan Wong, Executive Director 724 East Huntington Drive Momovia, CA 91016 Email: bwong@sgvhabitat.org (b) Entire Agreement. This Agreement constitutes the entire understanding and agreement of the parties, integrates all of the terms and conditions mentioned herein or incidental hereto, and supersedes all negotiations or previous agreements between the parties or their predecessors in interest with respect to all or any part of the subject matter hereof. Notwithstanding the foregoing, with respect to any Potential Opportunity which becomes a Project, this Agreement shall be superseded by the Project -specific agreements and documents executed by NHP and/or SGV Habitat and the City. Provided, however, such Project -specific agreements and documents shall not be novation of this Agreement vis-a-vis any Potential Opportunities or Projects other than the Project which is subject to such Proj ect-specific agreements and documents. (c) Amendment of Agreement. No modification, rescission, waiver, release or amendment of any provision of this Agreement shall be made except by a written agreement executed by the City, NHP and SGV Habitat. (d) Assignment Prohibited. In no event shall NHP or SGV Habitat assign or transfer any portion of their rights or obligations under this Agreement without the prior express written consent of the City, which consent may be withheld in the City's sole and absolute discretion. (e) Governmental Requirements Superior. All provisions of this Agreement and all the other documents relating to the Loan shall be subject and subordinate to any and all applicable federal, state and local statutes, regulations and ordinances and shall be subject to modification to comply therewith. (f) Severability. If any provision of this Agreement is deemed to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be severed from the rest of this Agreement and the remaining provisions shall continue in full force and effect. +A (g) Recitals Incorporated. The Recitals to this Agreement are hereby incorporated in this Agreement by this reference. (h) Construction of Agreement. The provisions contained in this Agreement shall 'not be construed in favor of or against either party but shall be construed as if both parties contributed equally to its preparation. This Agreement shall be construed in accordance with the laws of the State of California. (i) Counterparts. This Agreement may be executed in any number of counterparts and, as so executed, the counterparts shall constitute one and the same Agreement. The parties agree that each such counterpart is an original and shall be binding upon all the parties, even though all of the parties are not signatories to the same counterpart. 0) Capacity and Authority. All individuals signing this Agreement for a party which is a corporation, limited liability company, partnership or other legal entity, or signing under a power of attorney, or as a trustee, guardian, conservator, or in any other legal capacity, covenant to one another that they- have the necessary capacity and authority to act for, sign and bind the respective entity or principal on whose behalf they are signing. IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written. CITY: City of B 0-0 Enrique a d Chief Executive 2 SGV HABITAT: San Gabriel Valley Habitat for Humanity, Inc., a California nonprofit public benefit corporation By: .I,, �' I/ Print N_a N'\,Ct4 WcGjtl Its: NHP: Neighborhood Housing Partners, Inc., a California nonprofit public benefit corporation By: `,/ Print Nam : �X Its:. P2�S�OtN� 0 @I I 914 I LI I WK91 a K•01 -V TAI Z LCIA 01 -W 1, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park, do hereby certify that the agreement between the City of Baldwin Park and Neighborhood Housing Partners, Inc. and San Gabriel Valley Habitat for Humani!y Inc. is a true and correct copy of the official legislative proceedings for the Baldwin Park Regular City Council Meeting held on October 6, 2021. Dated this 1211 day of April, 2022. our es Morales, Deputy City Chie Deputy Cty Clerk 14403 E. Piteifte A entie * Bali-livin Park, CA 91706 * (626) 813-5216 ITEM NO. 11 c.i x SAID CsABRIEL b PREPARED BY: DATE: SUBJECT: Honorable Mayor and Members of the City Council Enrique C. Zaldivar, Chief Executive Officer Ron Garcia, Director of Community Development Nick Baldwin, City Planner August 7, 2024 Adoption of Resolution No. 2024-038 to Approve Commercial Cannabis Agreement No. 24-02 and Cannabis Permit Application No. 23-03 for a New Cannabis Manufacturing and Self -Distribution Business at an Existing Cannabis Manufacturing Facility within the I, Industrial Zone (Location: 15023 Ramona Blvd., APN 8437-021-006); Applicant: California Harvest Fund, LLC; Case Number: CCA 24-02 for CAN 23-03). SUMMARY The purpose of this staff report is to consider the approval of a Cannabis Permit Application No. 23-03 ("Application", Attachment 3) from California Harvest Fund, LLC, a California limited liability company ("Applicant"), requesting approval to operate a commercial cannabis manufacturing and self -distribution facility at 15023 Ramona Boulevard, Baldwin Park, CA; APN 8437-021-006 ("Site") and a proposed Commercial Cannabis Agreement ("CCA", Attachment 2) No. 24-02 between the City and Applicant related to the conduct of commercial cannabis activity at the Site, which is located within the Industrial (I) Zone. Per Section 127.08(A) of the Baldwin Park Municipal Code (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 BPMC Chapter 127 without a written request deemed appropriate by the Chief Executive Office of the City, or his/her designees, and a fully executed and effective commercial cannabis agreement, approved by the City Council. This proposal is before the City Council in compliance with this requirement. RECOMMENDATION Staff recommends that the City Council: Adopt Resolution No. 2024-038 to Approve Commercial Cannabis Agreement No. 24-02 and Cannabis Permit Application No. 23-03 for a New Cannabis Manufacturing and Self -Distribution Business at an Existing Cannabis Manufacturing Facility within the I, Industrial Zone (Location: 15023 Ramona Blvd., APN 8437-021-006); Applicant: California Harvest Fund, LLC; Case Number: CCA 24-02 for CAN 23-03). FISCAL IMPACT The CCA has a financial component which provides a positive fiscal impact to the City. Under the CCA, the Applicant/operator will pay an annual public benefit fee of $175,000. Page 1 / 4 Approval of the CCA and Application is also related to the settlement of pending civil litigation between the City and the current owner of the Site, K8 Investor Holdings, LLC, a California limited liability company. Resolving the pending lawsuit will save the City further litigation expenses. BACKGROUND In April 2018, the City Council adopted Ordinance No. 1418, to authorize Kultiv8 Group, LLC, a California limited liability company, to conduct commercial cannabis activity (cultivation and manufacturing) at the Site, per Development Agreement (DA) 18-09 (Attachment 4). Subsequently in 2020, Kultiv8 Group, LLC, amended its ownership group and changed the business name to K8. K8 improved and equipped the building at the Site for commercial cannabis activity, but did not receive a Certificate of Occupancy required to operate and sell commercial cannabis products at the Site. On March 31, 2023, K8 filed a civil complaint against the City related to a dispute over nonpayment of public benefit fees, among other things, and the City filed a counterclaim. This litigation is still pending. On or about November 6, 2023, the City received the Application from Applicant to conduct commercial cannabis activity at the Site (manufacturing and self -distribution). The Application provides that the Site will be purchased by a new property owner, IGF Partners Realty 11, LLC, a California limited liability company ("IGF"), and will be managed by a property management company, TREX Real Estate Holdings LLC, a California limited liability company ("TREX"). On November 15, 2023, the City Council approved a Cannabis Pre -Application Agreement with Applicant and IGF, to expedite review and processing of the Application pending settlement or other disposition of the lawsuit. City staff has worked with the Applicant to process the Application in accordance with Chapter 127 of the BPMC and the Pre -Application Agreement. The current owner (K8) and the proposed new owner (IGF) have confirmed their intention to consummate the sale of the property. Meanwhile, City and K8 continued settlement discussions. On July 17, 2024, the City Council approved a proposed settlement agreement with K8, wherein, among other things, the parties agreed to mutually dismiss the pending litigation, contingent upon satisfaction of certain conditions, including the sale of the Site to IGF and the processing of the Application by the City. DISCUSSION Applicant is a cannabis manufacturing company that is wholly owned and solely managed by Jason Turchin, an individual. Per the description of his experience in the Application, Mr. Turchin has had a successful track record of operating cannabis businesses in California, including Zabala Farms, LLC that was valued at $6,000,000. In addition to his experience in the industry, he brings with him two PICC machines that are intricate manufacturing machines valued together at $4,000,000, a $500,000 cash investment, and a pre -approved line of credit. The business proposes to operate within a one-story, 17,420 square foot industrial building that will have approximately 8,300 square -feet of floor area dedicated to cannabis manufacturing and self -distribution. (See Floor Plan, Attachment 5) The primary type of manufacturing to be done at the facility is extraction of concentrates from the cannabis flower. The balance of the manufacturing area will be dedicated toward infusing foods with cannabis concentrates. To be eligible to operate a commercial cannabis business in the City, an applicant must meet several regulatory requirements, as set forth in Chapter 127 of the BPMC. One requirement is to clear background checks and Mr. Turchin, as the sole manager of the business, cleared the background check administered by the City's Police Department. Another requirement is that an applicant must have possession of the facility to apply for City Page 2 / 4 approval. The Applicant satisfied the possession requirement by entering into a short-term month -to -month lease via its affiliated property manager, TREX, as Lessee, and the current property owner, K8, as Lessor; and subsequently entering into a sublease between TREX, as Sublessor, and Applicant, as Sublessee. The lease and sublease are provided as Attachment 6. If the proposed CCA is approved by the City and the State, and escrow for sale of the Site closes, then a new, long-term lease agreement will be entered into between IGF, as Lessor and TREX, acting as agent for the Applicant, as Lessee. Additional application requirements pertain to zoning compliance, proximity to sensitive users, security plan, business plan, lack of criminal history, regulatory compliance history, good legal standing, community engagement plan, environmental impact, and labor relations. After review of the Application and all supporting documentation, City Staff finds that the proposal is in substantial compliance with the requirements set forth in the City's Commercial Cannabis Ordinance (Chapter 127 of the BPMC) (See Attachment 3, Application). Upon submittal of the Application, the Applicant paid a one-time deposit for the Cannabis Permit Application review in the amount of $15,000. Pursuant to the CCA, the Applicant also agrees to pay the City $175,000, as the annual public benefit fee, which is subject to reassessment after five (5) years, provided the CCA is renewed as set forth therein. The CCA has been freely negotiated between the Applicant and the City; 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. Approval of the CCA is subject to the following conditions of approval: 1) Close of escrow with IGF acquiring the Site within 30 days. 2) Following close of escrow, Applicant must provide to City a new lease agreement between the new owner, IGF, as lessor, and TREX, acting as agent for Applicant, as lessee. 3) Payment by Applicant of any outstanding fees shall be due before issuance of a certificate of occupancy. 4) That the Applicant must obtain any all applicable City approvals including Building Division, Engineering Division, and LA County Fire, prior to obtaining a business license from the City of Baldwin Park. 5) That the applicant shall defend, indemnify, and hold harmless the City of Baldwin Park and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Baldwin Park, its officers, employees, or agents to attacks, set aside, void, or annul any approval or condition of approval of the City of Baldwin Park concerning this project. 6) That any proposed changes to the approved project shall be considered by the Planning Division, Building Division, Police Department, LA County Health, and LA County Fire, and shall require written authorization of the Community Development Director prior to implementation. 7) That if the Applicant fails to satisfy the conditions of approval as specified above, then the CCA No. 24-02 and Application No. 23-03 shall be null and void. 8) That the Applicant shall sign a notarized affidavit within ten (10) days after the date of the Resolution stating that the Applicant has read and accepts all of the conditions of approval. CEQA REVIEW IN ACCORDANCE WITH THE PROVISIONS OF THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), THE CITY HAS DETERMINED THAT THE PROPOSED CCA NO. 24-02 AND CAN 23-03 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. Page 3 / 4 LEGAL REVIEW This report has been reviewed and approved by the Special Counsel for Commercial Cannabis and the City Attorney, as to legal form and content. ATTACHMENTS 1. Resolution No. 2024-038 2. Proposed Commercial Cannabis Agreement, CCA 24-02 3. CAN 23-03, Application 4. DA 18-09 existing cannabis facility 5. Floor Plan 6. Short-term Lease and Sublease Page 4 / 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK TO APPROVE COMMERCIAL CANNABIS AGREEMENT 24-02 AND CANNABIS PERMIT APPLICATION NO. 23-03 FOR A NEW CANNABIS MANUFACTURING AND SELF -DISTRIBUTION BUSINESS AT AN EXISTING CANNABIS MANUFACTURING FACILITY WITHIN THE "ll," INDUSTRIAL ZONE (LOCATION: 15023 RAMONA BOULEVARD; APN: 8437-021-006); APPLICANT: CALIFORNIA HARVEST FUND, LLC, CASE NUMBER: CCA 24-02 FOR CAN 23-03). WHEREAS, California Harvest Fund, LLC, a California limited a liability company, ("Applicant"), submitted a Cannabis Permit Application (CAN 23-03) on November 6, 2023 ("Application"), to the City of Baldwin Park ("City") for a new cannabis manufacturing and self -distribution business at an existing cannabis manufacturing facility within the Industrial (1) Zone at 15023 Ramona Blvd., Baldwin Park, CA; APN 8437-021-006 ("Site"), pursuant to Chapter 127 of the City of Baldwin Park Municipal Code ("BPMC"); and WHEREAS, the Applicant, as the proposed new cannabis business operator at the Site, and its counsel negotiated a Commercial Cannabis Agreement No. 24-02 ("CCA") with City in which terms and conditions were mutually agreed upon; and WHEREAS, the purpose and intent of the CCA is to set forth the terms and conditions under which the Applicant will operate a commercial cannabis manufacturing and self -distribution 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, the Site is currently owned by K8 Investor Holdings, LLC, a California limited liability company ("I<8"). K8 obtained substantial land use and entitlement permits from the City but did not open operations for a commercial cannabis business; and WHEREAS, the City and K8 have been involved in litigation since March 2023 and now desire to settle and dismiss the pending litigation pursuant to a settlement agreement separately negotiated between the parties to the lawsuit; and WHEREAS, On November 15, 2023, the City Council approved a Cannabis Pre - Application Agreement with Applicant, to expedite review and processing of the Application pending settlement or other disposition of the lawsuit; and WHEREAS, approval of the CCA and dismissal of the lawsuit are contingent upon acquisition of the Site by IGF PARTNERS REALTY 11, LLC, a California limited liability company ("IGF"), or its assignee, following approval by the City of the Applicant's cannabis business to operate at the Site, as set forth herein and in the proposed settlement agreement; and 65431.00103\42520698.3 CCA-California Harvest Fund, LLC Resolution 2024-038 Page 2 of 5 WHEREAS, as a condition to approval of the CCA and following close of escrow, the Applicant, through its affiliated real estate management company, TREX Real Estate Holdings LLC, a California limited liability company, as lessee, will enter into a new lease with IGF, as the new owner/lessor; and WHEREAS, 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; and WHEREAS, in accordance with the provisions of the California Environmental Quality Act (CEQA), the City has determined that the proposed CCA No. 24-02 and Application No. 23-03 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. The above recitals are true and correct and are incorporated herein by this reference. SECTION 2. The existing commercial cannabis manufacturing and self -distribution facility (collectively, "Project") that is located at the Site, which is located in the Industrial (1) Zone, is subject to the terms defined in Chapter 127 of the BPMC and will remain unchanged. The proposal is for a new, successor, business to manufacture and self - distribute commercial cannabis products out of the existing facility, which requires approval by the City Council per Section 127.08(A) of the BPMC. This Project, which proposes a new business to operate at the existing manufacturing facility, is consistent with the purpose and intent of the BPMC, the Industrial Zone and the General Plan land use designation. SECTION 3. The City Council has considered the factors for approval described in Section 127.07 of the BPMC and below that are applicable to all Commercial Cannabis manufacturing and distribution applicants subject to a Commercial Cannabis Agreement: 1) For Commercial Cannabis Manufacturing businesses it is required that (i) there is a 600 separation between the business and sensitive receptors like schools or within 50 feet of a residence on a residentially zoned property, (ii) it is located within an Industrial or Industrial -Commercial zoned property, (iii) all manufacturing occurs indoors, (iv) no more than 22,000 square feet of building area is used toward commercial cannabis activities, (v) it is on a property that is appropriately illuminated, (vi) it is within a properly secured building, (vii) it is in compliance with all applicable state and local laws, (viii) it is properly licensed for use of hazardous 65431.00103\42520698.3 CCA-California Harvest Fund, LLC Resolution 2024-038 Page 3 of 5 materials, (ix) it is in compliance with the California Fire Code for use of flammable gases, (xi) it is within a sprinklered building, (xii) it is within a building that has proper air filtration, and (xiii) it is in compliance with food safety laws. Planning Staff has reviewed the Application and associated documents provided by the Applicant and based on the analysis performed on these documents is satisfied that these requirements have been meet or will be met by the Applicant once the business is in operation. Per the terms of the Commercial Cannabis Agreement, City Staff reserves the right to inspect operations to verify compliance with the Municipal Code. 2) For Commercial Cannabis Distribution businesses it is required that: (i) the business operate in accordance with MAUCRSA and state regulations, (ii) there be a 600 separation between the business and sensitive receptors like schools or within 24 feet of a residence in a residential zone, (iii) it is compliant with the regulations of the underlying zone, (iv) it is ensured that all manufacturing occurs indoors, (v) no more than 40,000 square feet of building area is used toward commercial cannabis activities, (vi) it is not identifiable from the public right of way as a cannabis business except for approved signs, (vii) it is on a property that is appropriately illuminated, (viii) it is within a properly secured building, (ix) it is in compliance with all applicable state and local laws, (x) it is properly licensed for use of hazardous materials, and (xi) it is within a sprinklered building. Planning Staff has reviewed the Application and associated documents provided by the Applicant and based on the analysis performed on these documents is satisfied that these requirements have been meet or will be met by the Applicant once the business is in operation. Per the terms of the Commercial Cannabis Agreement, City Staff reserves the right to inspect operations to verify compliance with the Municipal Code. SECTION 4. The City Council hereby approves CCA No. 24-02 and Application No. 23-03 for the proposed commercial cannabis cultivation and manufacturing facility, pursuant to the criteria for approval identified in Section 3 of this Resolution and subject to the following conditions of approval: 1) Escrow for the purchase and sale of the Site with IGF, as buyer, and K8, as seller, must close within 30 days of adoption of this Resolution. 2) Following close of escrow, Applicant must provide to City a new lease agreement between the new owner, IGF, as lessor, and TREX, acting as agent for Applicant, as lessee. 3) Applicant must pay any outstanding fees due before issuance of a certificate of occupancy. 4) That the Applicant must obtain any all applicable City approvals including Building Division, Engineering Division, Police Department, LA County Health, and LA County Fire, prior to obtaining a business license from the City. 5) That the applicant shall defend, indemnify, and hold harmless the City of Baldwin Park and its officers, employees, and agents from and against any claim, action, or proceeding against the City of Baldwin Park, its officers, employees, or agents to attacks, set aside, void, or annul any approval or condition of approval of the City of Baldwin Park concerning this project, including but not limited to any approval or condition of approval of the city council, planning commission, or community 65431.00103 \42520698.3 CCA-California Harvest Fund, LLC Resolution 2024-038 Page 4 of 5 development director. The City shall promptly notify the applicant of any claim, action, or proceeding concerning the project and the City shall cooperate fully in the defense of the matter. The City reserves the right, at its own option, to choose its own attorney to represent the City, its officers, employees, and agents in the defense of the matter. 6) That any proposed changes to the approved project shall be considered by the Planning Division, Building Division, Police Department, LA County Health, and LA County Fire, and shall require written authorization of the Community Development Director prior to implementation. 7) That if the Applicant fails to satisfy the conditions of approval as specified above, then the CCA No. 24-02 and Application No. 23-03 shall be null and void. 8) That the Applicant shall sign a notarized affidavit within ten (10) days after the date of this Resolution stating that the Applicant has read and accepts all of the conditions of approval. SECTION 5. The City Clerk shall certify to the adoption of this Resolution. PASSED AND APPROVED this 7th day of August 2024. EMMANUEL J. ESTRADA MAYOR [ATTESTATION ON NEXT PAGE] 65431.00103\42520698.3 CCA-California Harvest Fund, LLC Resolution 2024-038 Page 5 of 5 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. 2024-038 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 7th day of August 2024 by the following vote: AYES: NOES: ABSENT: ABSTAIN: CHRISTOPHER SAENZ CITY CLERK 65431.00103\42520698.3 ;K17U OUT 101 Zy El Ky.11►1►/\:3Ly_'lIOki 010404 10101 Y by and between CITY OF BALDWIN PARK, a California municipal corporation and CALIFORNIA HARVEST FUND LLC, a California limited liability company Relating to Commercial Cannabis Activity — Manufacturing and Self -Distribution COMMERCIAL CANNABIS AGREEMENT This Commercial Cannabis Agreement ("CCA") dated , 2024 entered into between the CITY OF BALDWIN PARK, a California municipal corporation ("CITY"), and CALIFORNIA HARVEST FUND LLC, a California limited liability company ("LICENSEE"). This CCA shall become effective on the Effective Date defined in Section 3.1.15 below. WHEREAS, as prescribed by Chapter 127 of the Baldwin Park Municipal Code (`BPMC") the CITY permits indoor commercial cultivation, manufacturing, distribution, limited retail, and laboratory testing of cannabis and cannabis products. WHEREAS, on November 6, 2023, LICENSEE submitted their Commercial Cannabis Permit Application to conduct commercial cannabis activity (manufacturing and self -distribution) in the CITY, pursuant to Chapter 127 of the BPMC and applicable local and state law, rules and regulations, as identified in Attachment No. 3, hereto. WHEREAS, on November 15, 2023, the LICENSEE, as operator/Lessee and IGF PARTNERS REALTY II, LLC, a California limited liability company ("IGF"), as Lessor (collectively, the "APPLICANTS"), entered into a Cannabis License Pre -Application Agreement ("PRE -APPLICATION"), wherein the CITY agreed to accommodate APPLICANTS in the purchase and sale of the Property, as described in Attachments 1 and 2, hereto, and to enable LICENSEE to conduct commercial cannabis activity (manufacturing and self -distribution) on the Property; WHEREAS, in July, 2024, CITY and K8 INVESTOR HOLDINGS, LLC, a Delaware limited liability company, authorized to conduct business in the State of California as a foreign corporation ("K8"), entered into a Settlement Agreement wherein CITY and K8 agreed to mutual dismissals of the pending civil complaints related to the operation of commercial cannabis activity (manufacturing), where IGF will purchase the Property to conduct commercial cannabis activity (manufacturing and self -distribution) and where LICENSEE will be the operator of the commercial cannabis activity at the Property; WHEREAS, the PARTIES seek to enter into this CCA with the condition precedent that escrow close for the purchase and sale of the Property between IGF, as Buyer, and K8, as Seller, within thirty (30) days of approval of the CCA, by the CITY, and satisfaction of all conditions of approval for any entitlement, permit, or license that LICENSEE seeks from the CITY, as set forth herein. WHEREAS, by this CCA the Parties wish to set forth terms and conditions for the operation of commercial cannabis activity (manufacturing and self -distribution) on the Property by LICENSEE as operator/Lessor of the Property. Page 2 of 38 NOW, THEREFORE, in consideration of the promises, covenants, agreements, and understandings set forth herein, the parties agree as follows: ARTICLE 3. GENERAL TERMS. 3.1 Definitions and Exhibits. The following terms when used in this CCA shall be defined as follows: 3.1.1 "CCA" means this Commercial Cannabis Agreement. 3.1.2 "Application" means the CITY's Commercial Cannabis Permit Application (manufacturing and self -distribution), submitted by LICENSEE on November 6, 2023, a copy of which is attached hereto as Attachment No. 3 (proprietary information to be redacted), in furtherance of this CCA, upon which the CITY has detrimentally relied upon in the processing of the Application and the execution of this CCA. 3.1.3 "BPMC" means Baldwin Park Municipal Code. 3.1.4 "California Cannabis Laws" means "MAUCRSA," and the regulations adopted and promulgated by the State Licensing Authorities pursuant to "MAUCRSA," as such laws and regulations may be amended from time to time. 3.1.5 "Cannabis" means all parts of the plant Cannabis sativa Linnaeus, Cannabis indica, or Cannabis ruderalis, whether growing or not; the seeds thereof, the resin, whether crude or purified, extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant, its seeds, or resin. "Cannabis" also means the separated resin, whether crude or purified, obtained from cannabis. "Cannabis" also means marijuana as defined by Section 11018 of the California Health & Safety Code. "Cannabis" does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks (except the resin extracted therefrom), fiber, oil, or cake, or the sterilized seed of the plant which is incapable of germination. For the purpose of this CCA, "cannabis" does not mean industrial hemp as that term is defined by Section 81.000 of the California Food & Agricultural Code or Section 11018.5 of the California Health & Safety Code. 3.1.6 "Cannabis Product" means cannabis that has undergone a process whereby the plant material has been transformed into a concentrate, including, but not limited to, concentrated cannabis, or an edible or topical product containing cannabis or concentrated cannabis and other ingredients. 3.1.7 "Certificate of Occupancy" (COO) means a document issued by the CITY stating that the Property is suitable for use and occupancy for Commercial Cannabis Activity by the LICENSEE, that it is considered compliant with the building code and safety standards imposed by the CITY, and that the State has issued a commercial cannabis license to the LICENSEE to operate on the Property. Page 3 of 38 3.1.8 "CITY" means the CITY of Baldwin Park, a California municipal corporation. 3.1.9 "Commercial Cannabis Activity" has the same meaning as that term is defined under MAUCRSA and includes any legal use under MAUCRSA and the BPMC, including without limitation, the cultivation, possession, manufacture, distribution, processing, storing, laboratory testing, packaging, labeling, transportation, delivery, or sale of cannabis and Cannabis Products as regulated under Chapter 5.18 of the BPMC. 3.1.10 "Commercial Cannabis Business License" or "License" means a manufacturing and self -distribution commercial cannabis business permit issued by the CITY pursuant to Chapter 127 of the BPMC and this executed CCA, which is required before any Commercial Cannabis Activity may be conducted in the CITY. 3.1.11 Omitted 3.1.12 Omitted. 3.1.13 "Days" mean calendar days unless otherwise specified. 3.1.14. Omitted. 3.1.15 'Effective Date" means the day this CCA is approved and adopted by the City Council of the CITY and signed by the Mayor of the CITY, or his/her designee. 3.1.16 'Existing Land Use Regulations" if and where applicable, means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. 3.1.17 'Existing Project Approvals" if applicable, means all Project Approvals granted or issued prior to or on the Effective Date. Existing Project Approvals include the approvals, which are a matter of public record prior to or on the Effective Date. 3.1.18 "Fee" means the Public Benefit Fee, also referred to as Community Benefit Fee, to be paid by LICENSEE to CITY pursuant to this CCA, based upon the square feet set forth in the Application. 3.1.1.9 "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 Activity, as set forth in Attachment No. 4, hereto. 3.1.20 "Land Use Regulations" if and where applicable, means all ordinances, resolutions, codes, policies and procedures, adopted by the CITY governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation Page 4 of 38 or dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.1.21 "Licensee" has the meaning set forth in the preamble of this CCA, above. A person who has been issued a commercial cannabis business permit by the CITY, under this chapter for a licensed premise. 3.1.22 Omitted. 3.1.23 "Major Amendment: means an amendment that shall have a material effect on the terms of this CCA which shall require approval by the City Council pursuant to California law. 3.1.24 "Manufacturing" means the process by which the raw agricultural marijuana plant is transformed into finished goods that contain extracted cannabis or non -cannabis ingredients. 3.1.25 "MAUCRSA" means the Medicinal and Adult -Use Cannabis Regulation and Safety Act, codified as Business and Professions Code Section 26000 et seq., as may be amended from time to time. 3.1.26 "Medicinal" with regard to cannabis or Cannabis Products means cannabis or Cannabis Products, respectively, intended to be sold or used for medicinal purposes as set forth in MAUCRSA. 3.1.27 "Minor Amendment" means a clerical amendment to this CCA that shall not materially affect the terms of this CCA and is subject to approval by the Chief Executive Officer. 3.1.28 "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. 3.1.29 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the CITY's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the CITY. 3.1.30 "Project" means the development of the Property contemplated by this CCA, as such Project may be further defined, enhanced, or modified pursuant to the provisions of this CCA. The Project shall consist of this CCA, the Application, any and all entitlements, licenses, and permits related to the Project. Page 5 of 38 3.1.31 "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 CCA. 3.1.32 "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 CCA on the Property. 3.1.33 "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, as set forth in Attachment No. 6, herein. 3.1.34 "Property" means the real property commonly known as and identified in Attachment No. 1, herein 15023 Ramona Blvd, Baldwin Park, CA 91706 with Access Parcel Number: 8437-021-006 ("APN"), which is incorporated by this reference. LICENSEE may modify the location or locations, change locations, or add locations to the Property, pursuant to Section 127 of the BPMC. 3.1.35 "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 CCA. 3.1.36 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to LICENSEE under this CCA and reserved to the CITY as described in Section 4.4. 3.1.37 Self -Distribution" means that a distributor may only transport cannabis goods that the licensee has cultivated or manufactured at the Property. 3.1.38 "State" means, collectively, the State of California and the Department of Cannabis Control of the State. 3.1.39 "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 CCA. Page 6 of 38 3.1.40 "Subsequent Land Use Regulations" if applicable, means any Land Use Regulations defined in Section 3.1.12 that are adopted and effective after the Effective Date of this CCA. 3.2 Binding Effect of CCA. The Property is hereby subject to terms and conditions of this CCA. 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 CCA, be carried out only in accordance with the terms of this CCA. 3.3 Ownership of Property; Landlord Consent. LICENSEE represents and covenants that it has a legal or equitable interest in the Property, as defined herein. In the event that LICENSEE is not the fee simple absolute owner of the Property, LICENSEE shall provide CITY with written Landlord Consent. 3.4 Term. The parties agree that the Term of this CCA shall be five (5) years commencing on the date the Certificate of Occupancy is issued for the Project subject to the written extension and early termination provisions described in this CCA. Upon termination of this CCA, this CCA shall be deemed terminated and of no further force and effect, except terms that are expressly stated in this CCA 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. 3.4.1. CCA Renewal. The Chief Executive Officer (CEO) shall determine whether to renew the CCA for an additional five (5) years. The CEO shall use the CCA Checklist, attached hereto as Attachment No. 10, to determine renewal of the CCA. If the CEO determines to renew, the CCA shall be forwarded to the City Council for formal approval as a consent calendar item. 3.4.2. Non -Renewal of CCA/Cure Period. If the CEO determines not to renew the CCA; 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 CCA shall not be renewed. 3.4.3. Appeal to the City Council. The LICENSEE shall appeal any Non -Renewal of CCA 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 CCA shall be final and binding. 3.5 Extension of Term. This CCA 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. 3.6 Automatic Termination. This CCA shall automatically terminate upon the happening of any of the following material events: 3.6.1. Revocation of License by the State and/or the CITY, pursuant to the terms in this CCA, which prohibits the LICENSEE from operation of a commercial cannabis facility in Page 7 of 38 the CITY, following any applicable notice or cure period and provided that LICENSEE has exhausted all administrative remedies and can neither appeal nor reapply for a License within one (1) calendar year of the revocation; or 3.6.2. Abandonment and/or Surrender by LICENSEE of State and/or CITY License, pursuant to the terms in this CCA, which abandons and/or surrenders the License to operate a commercial cannabis manufacturing and self -distribution facility on the SITE, with such abandonment/surrender occurring only following either (1) written notice by LICENSEE affirming its intention to abandon/surrender the License by a date certain, or (2) at least one (1) calendar year of inactivity at the Project, as determined exclusively by the CITY, in good faith. 3.7 Effect of Automatic Termination. The Automatic Termination of this CCA (as set forth in section 3.6, above) shall constitute termination of all land use entitlements and permits approved for the LICENSEE and/or the Property, pursuant to the terms of this CCA. Upon the termination of this CCA, 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 CCA, which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this CCA. In the event of abandonment and/or surrender of License by LICENSEE, LICENSEE shall pay all fees due and payable to the CITY, up to date of abandonment and/or surrender. CITY shall immediately notify the State of any termination of this CCA. 3.8 Notices. 3.8.1 Notice Defined. As used in this CCA, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment, or other communication required or permitted hereunder. 3.8.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or three (3) days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (ii) on the date of personal delivery shown in the records of the delivery company after delivery to the recipient named below; or (iii) 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: Page 8 of 38 If to the CITY: Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 With copy to: Office of the City Attorney 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to LICENSEE: California Harvest Fund, LLC 15260 Ventura Blvd., 1210 Sherman Oaks, CA 91403 Email: jturchin@trexmanagmentgroup.com Telephone: (818)-335-3177 Attn: Jason Turchin With copy to: Herrera, Clifton, Hess, P.C. 100 Wilshire Blvd., Suite 700 Santa Monica, CA 90401-3602 Email: alex@hch.law Telephone: (310) 570-0513 Attn: Alejandro Herrera, Esq. 3.8.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.9 Validity of this CCA. 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 CCA. 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 CCA violates federal or state law, with respect to all federal, state, and local statutes, ordinances, or regulations in effect as of the Effective Date. 3.10 Commercial Cannabis Banking. The CITY will not accept cash payments for any fees or costs associated with this CCA. 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. Page 9 of 38 ARTICLE 4. COMMERCIAL CANNABIS PROJECT. 4.1 Right to Develop. LICENSEE shall, subject to the terms of this CCA, 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 CCA on Land Use Regulations. Except as otherwise provided by this CCA, 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 subdivision; provided, further, that the CITY may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of LICENSEE's obligations thereunder. 4.3 Changes to 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 CCA. 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 CCA 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: 4.4.1 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. 4.4.2 Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. 4.4.3 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. Page 10 of 38 4.4.4 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 CCA. (b) That such regulations apply uniformly to all new development projects of the same uses within the CITY. 4.4.5 Regulations that do not conflict with the Project. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Project, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of the Project, the maximum height and size of proposed buildings on the Property, provisions for dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this CCA, and standards for design, development and construction of the Project; (b) do not prevent LICENSEE from obtaining any Subsequent Project Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as LICENSEE would otherwise be entitled by the Project; or (c) do not prevent LICENSEE from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as LICENSEE would otherwise be entitled to do so by the Development Plan. 4.4.6 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 CCA does not limit the authority of such other public agencies. The CITY shall reasonably cooperate with such other public agencies processing Project Approvals. 4.6 Tentative Subdivision Map and Project Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of fifteen (15) years, and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.) All Project Approvals shall not expire if LICENSEE commences Substantial Construction of the Project within one (1) year from the Effective Date of this CCA, which period shall be tolled during any necessary applications for permits or other local entitlements, that are within the control of the Licensee; otherwise, no tolling period. "Substantial Construction" means the submittal of a building permit in furtherance of the Project. Page 11 of 38 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 CCA. 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 hours; provided 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 cost 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 retailed, 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 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 manufacturing areas. 4.10 Commencement of Project by LICENSEE. Within six (6) months after the execution of this CCA, LICENSEE shall commence the submittal of applications for and use entitlements, permits, certificate of occupancy, etc. If LICENSEE fails to apply to CITY for entitlements, permits, etc., within six (6) months from the execution of the CCA, CITY shall have the right to Termination of the CCA, 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. ARTICLE 5. PUBLIC BENEFITS FEE; ADMINISTRATIVE FEE; JOB CREATION, AND PERSONAL GUARANTY 5.1 Intent. The parties acknowledge and agree that the Project will result in substantial public needs and further acknowledge and agree that this CCA 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 ("Public Benefits"). Page 12 of 38 5.2 Public Benefits. LICENSEE agrees to provide Public Benefits to the CITY, in compliance with the Public Benefits Plan, as set forth in Attachment No. 8, hereto. All commitments made by LICENSEE in the Application, inclusive of the Public Benefits Plan are incorporated into this CCA as if fully set forth in this CCA. The LICENSEE agrees that the Public 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 CCA. 5.3 Penalty for Nonpayment. Failure to pay the Public Benefits Fee within thirty (30) days after the due date shall result in a penalty for nonpayment in a sum equal to twenty-five percent (25%) of the total amount due. Additional penalties will be assessed in the following manner: ten percent (10%) shall be added to the first day of each calendar month following the month of the imposition of the twenty-five (25%) penalty if the fees remain unpaid in whole or in part — up to a maximum of 100% of the fee payable on the due date. 5.4 Annual Public Benefits Fee. LICENSEE agrees to pay the CITY an annual Public Benefits Fee in the amount of one -hundred seventy five thousand dollars ($175,000.00), which is based upon the square feet set forth in the Application and the "Premises" as defined by the State. 5.5 Public Benefits Fee Schedule. LICENSEE shall commence payment of the Public Benefits Fee to the CITY six months after issuance of the Certificate of Occupancy (COO), from the CITY or, within twelve (12) months from the execution date of this CCA, whichever occurs first ("Fee Commencement Date"). Thereafter the Public Benefits Fee shall be payable on an annual basis on the anniversary date of the Fee Commencement Date. 5.6 Reassessment of Public Benefits Fee. The Public Benefits Fee is subject to reassessment by the CITY every five (5) years, after execution of this CCA. At the end of year five (5), the CITY will set a new Public Benefits Fee which will be applied in years 6 through 10. At the end of year 10, the CITY will set new Public Benefits Fee which will be applied in years 11 through 15. No one factor is dispositive in the CITY's determination of the new Public Benefits Fee. 5.7. Administrative Fee Deposit. The Administrative Fee is a regulatory fee that LICENSEE shall be responsible to compensate the CITY for all of the CITY's Reasonable costs associated with processing, issuance and compliance of the Project Approvals including, but not limited to, costs associated with the CITY's review, processing, performing investigations, inspections, and audits, administrative enforcement of this CCA an adjudication thereof 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 make an initial deposit of Fifty thousand and 00/100 dollars ($50,000.00) with the CITY for the purpose of reimbursing the CITY for any Reasonable costs associated with the Project, as detailed above and reimbursing the CITY for its Reasonable costs incurred in drafting and processing this CCA. LICENSEE will be liable for the CITY's Reasonable costs incurred in processing future Project approvals and/or applications and compliance by the State or the CITY. CITY acknowledges and agrees that this payment is only a deposit and LICENSEE will be requested to deposit additional funds as needed in increments of Five Thousand Page 13 of 38 Dollars ($5,000.00). LICENSEE agrees that this Administrative Fee is not a tax, but a fee for cost - of -service (see California Constitution, Article XIIIC). 5.8. 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. 5.9 Financial Projections. Three (3) years of Financial Projections will be provided with the CCA. Thereafter annual Financial Projections will be provided on the anniversary of the execution of this CCA, as set forth in Attachment No. 7, herein. 5.10 Jobs and Wage Creation. 5.10.1. 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. 5.10.2. Wage Creation. LICENSEE shall make Reasonable, 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 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 use any other medium to advertise job announcements to the broadest audience possible. 5.10.3. 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. 5.11. Penalty for Nonpayment. Failure to pay the quarterly installment fees within thirty (30) days after the due date shall result in a penalty for nonpayment in a sum equal to twenty-five (25%) of the total amount due. The CITY may use all available legal means to collect any unpaid quarterly installment fees, inlcuding, but not limited to contracting with collection agencies, encumvrance of the Licensee's real property, and seeking judgment in court; any unpaid balance will be subject to an additional collection fee of nineteen percent (19%). 5.12. Personal Guaranty. LICENSEE shall execute a Personal Guaranty, as set forth in Attachment No. 5, hereto, in favor of the CITY to secure the payment of all fees associated with this CCA. The initial amount of the Personal. Guaranty shall be Two -Hundred Thousand Dollars ($200,000.00). Page 14 of 38 5.13 Nexus/Reasonable Relationship Challenges. LICENSEE agrees that the terms and conditions, the Public Benefit Fees, and the Administrative Fees imposed in this Article V, are in fact reasonable and related to the amelioration of the negative impacts of the Project on the CITY and consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this CCA including, without limitation, any claim that the terms in this CCA 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. 6.1 Transportation of Commercial Cannabis. Transfers of commercial cannabis goods into and out of the CITY may be completed by a duly licensed commercial cannabis distributor in compliance with MAUCRSA and the BPMC. 6.2 Distribution of Commercial Cannabis. LICENSEE shall distribute its commercial cannabis and commercial Cannabis Products through any duly licensed commercial cannabis distributor in compliance with MAUCRSA and the BPMC. 6.3 Agreement with Distributor(s). LICENSEE and any distributors shall reach their own agreement regarding fees for the distributor's services, if applicable. 6.4. Self -Distribution. LICENSEE may engage in "Self -Distribution" of commercial cannabis products that are cultivated or manufactured on the Property for a period of five (5) years, provided LICENSEE pays an annual fee of ten thousand dollars ($10,000.00) to the CITY in annual installments of two thousand dollars ($2,000.00), for five (5) years, or one ten thousand dollars ($10,000.00) payment. LICENSEE shall also maintain current a distributor transport permit from the State of California and comply with MAUCRSA and the BPMC. A distributor transport only self -distribution licensee is not permitted to transport cannabis goods cultivated or manufactured by other licensees in the CITY or elsewhere. ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The CITY Council shall have the option, in its sole and absolute discretion, to direct the Chief Executive Officer to review this CCA once every calendar year, on or before each anniversary of the Effective Date, in order to ascertain LICENSEE's good faith compliance with this CCA. During the Periodic Review, LICENSEE shall be required to demonstrate good faith compliance with all the terms and conditions of the CCA 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 CCA by the Chief Executive Officer at any Reasonable time if the Chief Executive Officer is informed and believes that LICENSEE is in default of any terms and conditions of the CCA. The CITY may also inspect any Property of the LICENSEE associated with the Project, at any time without notice. The failure by LICENSEE to allow entry Page 15 of 38 into the Property or Properties, at any time, shall be deemed a breach of this CCA and may result in the termination of this CCA, 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 CCA, the Chief Executive Officer may: (a) recommend that the City Council terminate this CCA notwithstanding any other provision of this CCA to the contrary, or (b) modify this CCA and impose such conditions as are reasonably necessary to protect the best interests of the CITY, with any Minor Amendment to this CCA approved by the Chief Executive Officer, and any Major Amendment to this CCA approved by the City Council. After the Review Hearing, the decision of the Chief Executive Officer shall be appealable to the City Council of the CITY. Any appellate decision of the City Council shall be final, subject only to judicial review. 7.4 Certificate of 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 CCA, the CITY shall issue a Certificate of 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 CCA 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 CCA shall not constitute a breach of this CCA. 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 CCA. ARTICLE 8. EVENTS OF DEFAULT. 8.1 Material Breach of this CCA. Any of the following events shall be deemed an Event of Default and a material breach of this CCA: 8.1.1 Final Judgment. The entry of a final judgment (or a decision on any appeal therefrom) voiding the CITY's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the CITY is unable to cure such defect in the General Plan or element within one hundred and eighty (1.80) days from the later of entry of final judgment or decision on appeal. 8.1.2 Payment of Fees. Failure to timely pay any fees to the CITY, as determined by the CITY in its sole and absolute discretion. Page 16 of 38 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 CCA. 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) on a timely basis. 8.1.5 Cure Period. In the event of any material breach of this CCA, 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 CITY shall not be entitled to tenninate this CCA 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 within the time set forth herein, shall be grounds for Termination as set forth in Section 3.7, above, at the discretion of the CITY. LICENSEE shall only be entitled a ten (10) day cure period for Automatic Termination as set forth in Section 3.6, above. ARTICLE 9. REMEDIES. 9.1 Remedies in General. It is acknowledged by the parties that the CITY would not have entered into this CCA if it were to be liable in damages with respect to this CCA 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 CCA shall constitute a default. 9.2 Event of Default. In the event of alleged default or breach of any terms or conditions of this CCA, the parry 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 3.6, 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 CCA through any state court, except that the CITY shall not be liable in monetary damages, unless expressly provided for in this CCA, to LICENSEE, to any mortgagee or lender, or to any successors in interest of LICENSEE, if successors in interest are permitted under this CCA 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 CCA, to the Property or any portion thereof, not to sue for damages or claim any damages: this CCA; or (i) For any breach of this CCA or for any cause of action which arises out of Page 17 of 38 (11) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this CCA, 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 manufacturing or interpretation or effect of the provisions of this CCA. 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 CCA relating to any Application to the CITY including, but not limited to, any Application for any type of manufacturing permit, any Application for any manufacturing rights, or any Application for manufacturing license from the CITY. CALIFORNIA CIVIL CODE SECTION 1542 The LICENSEE expressly acknowledges that this CCA 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 CCA contemplates the extinguishment of any such Claim or Claims. The LICENSEE specifically acknowledges and waives and releases the rights granted to LICENSEE under California Civil Code Section 1542, which states as follows: A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party. 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. Page 18 of 38 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 CCA and should be available to all parties for the following reasons: (i) Except as provided in Section 9.1, money damages are unavailable against the CITY. (11) 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 CCA 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 CCA and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this CCA, and it is not possible to determine the sum of money which would adequately compensate LICENSEE for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. 9.9 Termination of CCA for Default by CITY. LICENSEE may terminate this CCA only in the event of a default by the CITY in the performance of a material term of this CCA 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 CCA, or which in any way arises out of the existence of this CCA, 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 CCA, 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 Page 19 of 38 to be in default of the terms and conditions of this CCA until such default thereafter is cured by LICENSEE or is waived by the CITY. If the CITY terminates this CCA because of LICENSEE'S default, then the CITY shall retain any and all benefits, including fees received by the CITY hereunder. 9.12 Additional Fees and Fines. LICENSEE shall be subject not only to the Fees due, as set forth in the CCA, but shall also be subject to an additional Collections Fee in the amount of the legal rate of interest is 10% of outstanding balance due to the CITY, which shall be due to the Collections Agency designated by the CITY for any and all collections efforts initiated by the CITY, if payment is ot daysdesignated Termination ARTICLE 10. THIRD PARTY LITIGATION. 10.1 General Plan Litigation. The CITY has determined that this CCA 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 CCA, or otherwise, for any failure of the CITY to perform under this CCA, 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 CCA 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 CCA 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 CCA, whether such operations be by LICENSEE, or by any of LICENSEE's contractors, subcontractors, agents, or employees operations under this CCA, 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. 1.0.3 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, Page 20 of 38 lawsuits, claims, government claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and Reasonable attorneys' fees), which the CITY, its officers, agents, and employees, may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this CCA 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 CCA 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 10.4 do not apply to environmental conditions that predate the LICENSEE's ownership or control of the Property or applicable portion, which shall be determined exclusively by the CITY. However, the foregoing limitation shall not operate to bar, limit, or modify any of LICENSEE's statutory or equitable obligations as 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 Reasonable, Good Faith Settlement. With respect to this Article 10, the CITY shall not reject any Reasonable, 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 Page 21 of 38 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 CCA 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 1.0.1 through 10.7 inclusive, shall survive the termination or expiration of this CCA, until such time as the uses of the Property established in the Development Plan are permanently terminated. ARTICLE 11. THIRD PARTY LENDERS, ASSIGNMENT & SALE. 11.1 Encumbrances. The parties hereto agree that this CCA 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 CCA 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 CCA and as long as such requests do not minimize, reduce, curtail, negate or in any way limit CITY's rights under this CCA. Page 22 of 38 11.3 Non -Transferable Without CITY Approval. LICENSEE shall not sell or transfer its right, title and interest in this CCA and any permits, licenses, entitlements, and related benefits, except in full compliance with the transferability provisions in Chapter 128 of the BPMC. ARTICLE 12. MISCELLANEOUS PROVISIONS. 12.1 Amendment of CCA. This CCA 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 CCA. A Major Amendment to this CCA 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 CCA shall be construed as requiring a noticed public hearing, unless required by law. 12.2 Entire Agreement. This CCA 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. 12.3 Severability. If any term, provision, covenant, or condition of this CCA shall be determined invalid, void, or unenforceable, by a court of competent jurisdiction, the remainder of this CCA 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 CCA. 12.4. Federal Law. The Parties expressly agree that each Party is strictly prohibited from failing to perform any and all obligations under this CCA on the basis that this CCA is invalid, unenforceable, or illegal under federal law. By entering into this CCA, each Party disclaims any right to tender an affirmative defense in any arbitration or court of competent jurisdiction, that performance under this CCA is not required because the CCA 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 CCA 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 CCA, since all parties were represented by counsel in the negotiation and preparation of this CCA, and/or were advised to consult counsel and had the opportunity to obtain counsel for the negotiation and preparation of this CCA. 12.6 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this CCA. 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 Page 23 of 38 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 CCA 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 CCA by the other parry, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such parry's right to insist and demand strict compliance by the other party with the terms of this CCA thereafter. 12.10 No Third -Party Beneficiaries. The only parties to this CCA are LICENSEE and the CITY. This CCA 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 CCA 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 CCA may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 12.13 Jurisdiction and Venue. Any action at law or in equity arising under this CCA or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this CCA shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. 12.14 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this CCA. No partnership, joint venture or other association of any kind is formed by this CCA. The only relationship between the CITY and LICENSEE is that of a government entity regulating the development of private property and the LICENSEE of such property. 12.1.5 Further Actions and Instruments. Each of the parties shall cooperate with and provide Reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this CCA and the satisfaction of the conditions of this CCA. Upon the request of either parry 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 CCA to Page 24 of 38 carry out the intent and to fulfill the provisions of this CCA or to evidence or consummate the transactions contemplated by this CCA. 12.16 Eminent Domain. No provision of this CCA shall be construed to limit or restrict the exercise by the CITY of its power of eminent domain. 12.17 Agent for Service of Process. In the event LICENSEE is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then LICENSEE shall file, upon its execution of this CCA, with the Chief Executive Officer or his or her designee, upon its execution of this CCA, a designation of a natural person residing in the State of California, giving his or her name, residence and Project addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this CCA, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon LICENSEE. If for any reason service of such process upon such agent is not feasible, then in such event LICENSEE may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon LICENSEE. LICENSEE is amenable to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto. 12.18 Good Standing. LICENSEE represents and warrants to the CITY that the LLC is duly organized, validly existing, and in good standing under the laws of the State in which it is incorporated, and that it has all power and authority required to enter into and perform this CCA. 12.19 Authority to Execute. The person or persons executing this CCA on behalf of LICENSEE warrants and represents that he/she/they have the authority to execute this CCA on behalf of his/her/their corporation, partnership or Project entity and warrants and represents that he/she/they has/have the authority to bind LICENSEE to the performance of its obligations hereunder. LICENSEE shall each deliver to CITY on execution of this CCA 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 CCA and naming the officers that are authorized to execute this CCA on its behalf. Each individual executing this CCA on behalf of his or her respective company or entity shall represent and warrant that: (i) The individual is authorized to execute and deliver this CCA on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and (ii) This CCA is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The execution and delivery of this CCA by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, Page 25 of 38 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. 12.20 No Damages Relief Against CITY. The parties acknowledge that the CITY would not have entered into this CCA had it been exposed to damage claims from LICENSEE, its agents, officers, employees, or anyone acting on behalf of LICENSEE for any breach thereof. As such, the parties agree that in no event shall LICENSEE, or LICENSEES' agents, officers, employees, partners, or anyone acting on behalf of LICENSEE be entitled to recover damages against CITY for breach of this CCA. 12.21 Laws. LICENSEE agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, LICENSEE further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, LICENSEE agrees to comply with all applicable provisions of BPMC. 12.22 Compliance with Conditions of Approval. LICENSEE agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the CITY. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 12.23 Consistent with State and Federal Regulations. The CITY acknowledges that this CCA shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this CCA shall govern the conduct of the property under such future regulations. 12.24 Compliance with Alicable Laws. LICENSEE shall comply with all applicable laws, ordinances, administrative regulations, and permitting requirements in carrying out its obligations under this CCA. 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 CCA and the intent of the Parties to the CCA. 12.26 Consultation with Counsel. The Parties have entered and executed this CCA 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. 1.2.27 Superseding Clause. This CCA supersedes any and all other agreements or contracts, either oral or written, between the parties with respect to the subject matter herein. Page 26 of 38 12.28. Documents Attached to this CCA. The following documents are attached to and, by this reference, are made part of this CCA: No. 1 — Legal Description of the Property and/or Properties ; No. 2 — Map showing Property and its location; No. 3 — CITY Cannabis Permit Application Form (proprietary information to be redacted); No. 4 — Landlord Consent; No. 5 — Personal Guaranty; No. 6 -- Project Plan; No. 7 —Three years revenue projections from date of execution of CCA (to be updated annually); No. 8 — Public Benefits Plan No. 9--California State License Type (Manufacturer and Self -Distribution), when issued by the DCC; and No. 10- Checklist for Determination of Renewal of CCA by CEO (per § 3.4, herein). [Signatures on the following page] Page 27 of 38 IN WITNESS WHEREOF, the parties hereto have caused this CCA to be executed as of the dates written above. CITY OF BALDWIN PARK a California municipal corporation Emmanuel J. Estrada, Mayor CALIFORNIA HARVEST FUND, LLC, a California limited liability company By: Name: Jason Turchin, Managing Partner Date: , 2024 ATTEST- 0 City Clerk Approved as to Form: Julia Sylva, Special Counsel Commercial Cannabis Activity, City of Baldwin Park Approved as to Form: RM Alejandro Herrera, Counsel to Licensee Page 28 of 38 No. 1 - Legal Description of Property: Lot 3 of Tract 36684, in the City of Baldwin Park as per Map recorded in Book 921 Pages 18 to 20, inclusive, of Maps, in the Office of the County Recorder, County of Los Angeles. Common Address: 15023 Ramona Boulevard, Baldwin Park, CA 91706 Assessor's Parcel Number: 8437-021-006 Page 29 of 38 No. 2 — Map showing Property and its location Page 30 of 38 No. 3 — CITY Cannabis Permit Application (proprietary information to be redacted) SEE ATTACHED. Page 31 of 38 No. 4 — Landlord Consent, if applicable SEE ATTACHED. Page 32 of 38 No. 5 — Personal Guaranty SEE ATTACHED. Page 33 of 38 No. 6 — Proiect Plan SEE ATTACHED. Page 34 of 38 No. 7 — Financial Proiections TO BE DETERMINED. Page 35 of 38 No. 8 — Public Benefits Plan The City of Baldwin Park will establish a "Public Benefits Fund" to allocate a portion of the Public Benefits Fee, which will be uses 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 allocated public funds. Page 36 of 38 No. 9 -- California State License Types Manufacturing State License Type: Self -Distribution State License Type: Page 37 of 38 No. 10 — Checklist for Determination of Renewal of CCA by CEO CITY OF BALDWIN PARK Commercial Cannabis Agreement (CCA) Checklist for Contract Renewal as of November 2023 No. Task Status 1 Compliance with Payment of Fees to City 2 Compliance with City Ordinance, Title XI, 127 —Chapter 3 Compliance with Environmental Requirements Compliance with Local Hiring Requirements in CCA 5 Compliance with Reporting Requirements to DCC Page 38 of 38 Erwelupe V3E-143�t37-2Ag2-4B35-SSC2-0717E23LL-F61 Coninwaial Cannabis Permit Application G ultivaUon-Square Footage: X1 ManufaCtUring-Square Footage: Testing -Square Footage" L;< Distributlon-Square Footage: Retail: Square, Footage 11708 942 Section A: Primary Background Information (Must be signed by all owners) �IM 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 may be redacted, is public information and subject to disclosure under the California, Public Records Act (Government Code Sections 6250, ef seq,). As used hereiri, `Owners" has; the same meaning as that term is defined by Section 26001@I) of� ffie California Business and Profession Code. )ASON TURCHIN Owner Name'. Owner Title: MANAGING MEMBER V 11VI Ulu k; Commercial Cewahis Pemd Applicalinn.oRevised 02,16,23 Docuftn Envelope ID: 3E1432B7-2A92-4B35-8BC2-D717E23EEF61 None Commercial cannabis Permit Application Page 3 of 10 Attachments: Receipt of background check(s) and Live Scan(s) Pictures (2) of applicant(s) (two passport quality photographs 2" x 2") Copy of Social Security Card(s) Copy of Valid Driver's License(s), Valid DMV issued ID Card or Valid Passport Proof of address (DMV-Issued ID/driver's license, and/or recent utility bill under Staff use q,aj-jL. Pa&s-backgroup-d Mack 1i Add -more pages as necessary to include signatures of all Application Owner(s) (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 (3) years prior to the year of this Application. This list should include such other licenses and or permits relating to similar business activities as in this 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. N/A 2. List any and all partners, principals, officers, directors and Owners who have been convicted of: (a) a violent felony; (b) a felony or misdemeanor involving fraud, deceit, embezzlement, or moral turp.itqde 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, Section 113: Business Organizational Structure/Status 1. Describe the commercial cannabis business organizational structure/status: The Entity is a California limited liability company focusing on license and manufacturing and production o-f consumer Package Goods.— The _pro perty has a Real Estate managment company. Commerolal Caiinebls Permit AppIlratlomRov1sod 02.16,23 DocuSlgn Envelope ID: 3EI432B7.2A92-4B35-8BC2-D717E23EEF61 Commercial Cannabis Permit Applicatlon Page 4 of 10 2. Attach proof of status, such as articles of Incorporation, by-laws, partnership agreements, and other documentation as may be appropriate or required by the City, 3, If a B-Corp, non-profit, or other mission driven organization/entity, describe the organization's goals and, if applicable, provide the mission statement: see Attachements - Operating agreement Section C: Commercial Cannabis Business Description and Location Please complete Section C for each proposed location of business. Add more pages as necessary to complete Section C for each proposed 1poation of business, 1. Statement of Purpose of Commercial Cannabis Business (a separate sheet may be attached): see attached 2. Proposed Location of Business (Include APN's): 15023 Ramona Blvd, Baldwin Park, CA 91706, APN: 9437-021-006 3. Name and Address of Property Owner (must provide copy of executed ,commercial lease): 1GF PARTNERS LLC (See Attached Lease) 4. Name and Address of School(s) Closest to Proposed Location: .Baldwin Park.High *School (3900 Puente Ave Baldwin Park, Ca 91706)JUbllee Christian schools (763 N Sunset Ave, West Covina, CA 91790) 5. Description of neighborhood surrounding the proposed location (Le., surrounding uses, nearby sensitive uses such as churches, schools, parks, or libraries) and transit access to site. A separate sheet may be attached. commercial surroundings such as Body Auto Body shops, truck repairs shops, & LA public works. 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 structures. 2. Conceptual Building Elevations if new construction. If existing buildings, Include any proposed exterior building alterations If applicable, 3. Floor Plans, including any proposed interior alterations. Coninnercial Cannabis Penult Appiloation, Revised 02,16.28 DoouSlgn Envelope ID: 3E1432B7-2A92-4B35-8802-D717E23EEFBI commercial Cannabis permit, Application Page 5 of 10 4, Vicinity Map. It is the Applicant's responsibility to prove to the City that the cannabis operation's location Is at least 600 feet from all sensitive uses and 60 feet from all residential zones. The measurement is from property line to property line on each lot, However, In the case of commercial condominiums, measurement Is taken from the airspace property line. 5-. Photos- of the -site and -buildings) from all sides-MI-rectiong,' Section D: Required Supplemental Information This Information Is required for this application to be considered complete, Attach the -following reports to this Application for each proposed location where appropriate: Neighborhood Compatibility Plan Safety and Security Plan Air Quality Plan Business Plan Traffic/Circulation Plan (Required for Cannabis Distribution only) Radius Map Package: 300-foot radius ownership map (from property lines), one copy of the property. owner and occupants list for properties with 300 feet, two copies of property owner/occupant list prepared on gummed labels, and notarized Affidavit of Accuracy of Property Owner's List. Qomranercial Can, nabls.Agreem, ent Assessor's Parcel Number; Legal Description of the property and a Vicinity Map Commercial Lease Background Check Authorization Form and Live -Scan Request and Receipt Both must be submitted for clearance by the Bureau of Cannabis Control, State of California (BCC) State Clearance by Baldwin Park Police Department Section E: Final Location Information Multiple sites per Application may be considered. Attach proof of ownership of the site by Applicant or a signed Landlord Consent and an executed commercial lease agreement, Section F: Essential Supplemental Information Applicant must meet the requirements of this Section F. Check the box evidencing that you Have submitted and attached to this Application the Items described below: 0 Suitability of the proposed property: Applicant must demonstrate that the proposed location(s) exceeds all buffer zones established in the City of Baldwin Park Commercial Cannabis Ordinance. 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 Commercial Cannabis Permit ApplIcation, Revised 02,16,23 DoCLISIgn Envelope ID: 3E143267.2A92-4B36-8BC2-D717E23EEF6*1 commercial cannabis Permit Application Page 6 of 10 Suitability of security plan: The Applicant's security plan Must Include the presence of security personnel on premises or patrolling the premises twenty-four (24) hours per day, The Applicant's security plan must demonstrate a method to track and monitor Inventory so as to prevent theft or diversion of cannabis. The Applicant's security plan must describe the enclosed, locked facility that will be used to secure or store cannabis when the location Is open and the steps taken to ensure cannabis Is not -vlslble,to the publl'o. Applicant's-so-ourlty-plan,-must-iriolu-de-m6agu*re-s"to prevent - the diversion of cannabis- to -persons. under the age of twenty-one (21.); 0 Criminal history: No Owner, Principal or Manager related to this Application has been convicted of any violent or serious felony as specified in Sections 667.5 and 1192.7 of the California Penal Code or any felony conviction Involving fraud, deceit or embezzlement. Applicant must identify any pending criminal complaint(s). The Applicant must certify, as a condition of maintaining the permit, that It will not employ any person with any type of violent or serious felony convictions) as specified in Sections 667.5 and 1192.7 of the California Penal Code or any felony conviction involving -fraud, deceit or embezzlement. Applicants must certify as a condition of maintaining the permit that they will not employ as managers or employees any person with any controlled substance related misdemeanor conviction. ❑ Regulatory compliance history: If any owner(s), principals) or manager(s) set forth In this Application, own or operate any other businesses including, but not limited to, commercial cannabis facilities in other jurisdictions, Applicant must provide a record of any citations, sanctions, Investigations, suspensions or any time in which Applicant has had their regulatory license, permit, registration or authorization revoked for any reason, including criminal, workplace safety, wage and hour discrimination. Applicant must identify whether It has had a permit or license revoked by any city or the State of California. Applicants must also identify any administrative penalties assessed against their business. El Good legal standing: Applicant must certify that the Cultivation and/or Manufacturing facility, including Its Owners, principals and managers acting In their own official capacities, have not violated any local, state or -federal tax, environmental, consumer protection, food safety, workplace safety, discrimination, human rights, employment, labor or other laws relevant to the operation of a cannabis business In the state, • Community engagement: Applicants should identify any involvement In the community, other non-profit association, or neighborhood association. Applicant should -identify the. percentage. of employeesit guarantees.wlll, be, hired. from, the City of Baldwin Park, 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. • Environmental impact: Application should Indicate If the business uses renewable energy sources. FJ Donation: Are you willing to voluntarily donate $50,000 to the City of Baldwin Park towards the salary of one Police Officer and Code Enforcement Officer? Commercial Cannabis Permit Application, Revised 02.16.23 DocuSIgn Envelope ID: SE1432B7.2AO2-4B36-8BC2-D717E23Er--F61 Commercial Cannabis Permit Application Page 7 of 10 91 Labor relations: Applicant shall state whether it provides employer-pald 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, IN Community Benefit Fee: The community benefit fee the business has agreed to pay to the City must be Included In the Commercial Cannabis Agreement, A separate fee shall be Identified for each cannabis operation category (i.e., Cultivation, Manufacturing, Testing, and Distribution/Transportation), Section G: Reimbursable Costs Please attach a cashier's check or money order made payable to the `City of Baldwin Park" for the following fees: R LiveScan fee., $48.00 Ix Background check fee: $937.60 0 Cannabis Permit Application Fee Deposit: $ 2857.50 CERTIFICATION STATEMENT, I/We understand that the Commercial Cannabis Permit application for a shall be charged at a deposit of $ - + FBHR of staff time + actual cost of City Attorney and hourly cost of consultant per hour If applicable, Should my deposit be depleted at any time prior to the completion of the process, the process will be suspended until additional deposits, the amount of which shall be determined by the City Planner, are made. Failure to provide additional funds within ton (10) days after notification of depletion shall be cause for withdrawal of this -a-pplioation. .1 also understand -that •prlor to the Issuance of any future, building permit(s) associated with this application, all fees must be collected, and deposit accounts settled. Further I/we acknowledge the filing of this application and certify that all of the above Information is true and accurate and that I/we have familiarized myself/ourselves with the relevant provisions of the Baldwin Park Municipal Code related to cannabis regulations, Staffuse only. Date of Application: Number assigned: Date fee received: Date reviewed: Date Proof or ownership was verified or a signed and notarized statement from the Commerclal Cannabis Pormft Applicatton.RevIsod OZ 16, 23 DocuSlgn Envelope ID: 3EI432B7-2A92-4B36-8BC2-D717E23EEF61 commercial Cannabis Permit ApplIcatlon Page 8 of 10 property owner was received: Planning Division 11 Incomplete Application 0 Complete Application Cannabis, S-obe-ommifte- 0 NOT In Compliance with Commercial Cannabis Ordinance Locatlonal Criteria 0 In Compliance with Commercial Cannabis Ordinance Locational Criteria D Recommended for City Council Consideration 0 Not Recommended for City Council Consideration Commerclal Cannabis PennIt Appilcatlon.RevIsed 02,16,23 DocuSign Envelope U 3E143287-2A92-4635-BBC2-D717E23EEF61 Commercial Cannabis Permit Application Page 9 of I A flq=,OEACCURACY—QFPRDPERTYPMNERION CCUPATL (Print or type names in full) hereby certify that the above list contains the correct names and addresses of all owners and occupants of property within an area described In this petition and for a distance of 300 feet adjacent to this -same area, and such'names and addr-esses"aro taken'from the last adopted Los Angeles County Assessor fax Roll. I certify under PENALTY OF PER JURYu der the laws of the State of California that the foregoing is true and correct, A�piicant Sid re [date 111! Rai IMMEMEMERM Subscribed and sworn to (or affirmed) before me on this t I day of ,gyp M-A 5 r) 4Z proved to me on the basis of satisfactory evidence to be the person(s) who appeared before me. 7, ALIREZA S0k01JS'H (Seal) Notary Public - Cakfor,11a iP4 Signature ler" f". Los Angeles Coumy Commission jy 2339863 My Comm, Exoires Per 9,20Z4 Commercial Cannabis Permit Applica tion, Re Visiq d 02.16.23 ORDINANCE 1418 t • i - � + f i i WHEREAS, a development agreement with the City of Baldwin Park be • •' i 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 i' consideri City Councilof proposed Development +• 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 pursua to law on Agreement on April 12, 2018;♦. WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement . consistentGeneralPlan of i 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 immediateandwill not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare ofthe residentsofthe city as a whole;and WHEREAS, Councilherebyspecificallyf DevelopmentAgreement •with provisions ofCalifornia Government•• §• 65864 • :s• 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 16301, 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: I 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/man ufactu ring business is located within the I-C, Industrial Commercial 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 o 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 --&.-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 1-6, 201.7 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and fistribution activities are allowed within the City provided all of the 0,16 9 gja "g- 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; furthen-nore, 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. Kultiv8 Group wants to build on its local relationships by focusing on being an equal opportunity employer and by exceeding the minimum 20% city resident workforce to 50%. They are committed to maintaining a neat and orderly operation with no negative impact upon surrounding businesses or residents. The entire property and all buildings will be kept and maintained in a manner that does not detract from the appearance of the - immediate neighborhood. Furthermore, security is a big priority with focus on external security as the first line of defense. Video surveillance, both interior and exterior are provided as well as 24- hour manned security personnel. All these features combined will keep the property and the use from being detrimental to the surrounding neighborhood and the City as a whole. 4. The Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. 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 -.uthorizes 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) it after its final reading and adoption. Ordinance 1418 Page 4 PASSED AND APPROVEHE 2 rid day of aygd y, 201e MANOEL LdZA-NO, MAYOR STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: 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. 1418 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: -Bara, -Rubio ABSTAIN: COUNCIL MEMBERS: one - FM V W111 CITY CLERK DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND KULTIV8 GROUP, LL-* 292M • won W UZ10 rassi ARTICLE 2. RECITALS. 2.1 WHEREAS, the City and Kultiv8 Group, LLC previously entered into a non - statutory municipal Development Agreement that was not intended to be a Government Code Statutory Development Agreement; and 2.2 WHEREAS, the previous municipal Development Agreement was not promulgated by or through the Government Code and did not contain necessary elements for a Statutory Government Code Development Agreement; and 2.3 WHEREAS, this new Statutory Development Agreement is pursuant to Government Code and is intended to be Statutory Agreement 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 development agreements with persons 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 authorized in thi's STATUTORY AGREEMENT were lawfully permitted and authorized to occur on Owner's Property, subject to Owner's acquisition of various entitlements, as discussed herein; and 2.6 WHEREAS, Owner voluntarily enters into this STATUTORY AGREEMENT and after extensive negotiations and proceedings have been taken in accordan.ce with the rules and regulations of the City, Owner has elected to execute this STATUTORY AGREEMENT as it provides Owner with important economic and development b,e.nefits; 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 2.8 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; and 2.9 WHEREAS, this STATUTORY 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; and 2.10 WHEREAS, in implementation of the promulgated 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 implementation of this STATUTORY AGREEMENT to be in the public interest andlntend that the adoption of this STATUTORY AGREEMENT be considered an exercise of the City's police powers to regulate the development of the Property during the Term of this Agreement; and 2,11 WHEREAS, this STATUTORY 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 in accordance with this STATUTORY AGREEMENT upon the welfare of the region; and 2,12 WHEREAS, Owner intends to develop a Cannabis Manufacturing and Cultivation Facility or facilities pursuant to the Baldwin Park Municipal Code (" C") Chapter 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 for each separate authorized use (Manufacturing, Cultivation and Distribution), 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 permits for cultivation and manufacturing of cannabis and cannabis related products in the City of Baldwin Park. The City prohibits the sale of cannabis and cannabis related products within the City of Baldwin Park so the cannabis and cannabis related products roust be distributed to and sold In cities where it is legal to do; so. Rukil, 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 TERMS. 3.1 Definitions and Exhibits, The following terms when used in this STATUTORY AGREEMENT shall be defined as follows: M 3.1.1 "Agreement" means this Development Agreement pursuant to Government Code Section 65864 et seq. 3.1.2 "City" means the City of Baldwin Park, a California municipal 3.1,3 "Days" mean calendar days unless otherwise specified. Jill I1 11 #"1 ;;; 0 3.17 "Development Plan" If applicable, an the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Development Approvals. 3.1,8 "PC"" 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 of his designee. 3,1.10 "Existing Development Approvals" If applicable, means all Devo opment Approvals approved or issued prior to or on the Effective D. Existing De�volbpment 4pfoVals include the approvals set forth in Sedian 3.1.6 and all other approvals which are a matter Of public =drd prior to or on the Effective Date, - 3.1,11 "Existing Land Use Regulations" If and where applicable, means all La�n:d Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of pub.lic record on the Effective Date as they may be modified by the Existing Development Approvals. 3.1.12 "Land Use Regulations" If and where applicable means all ordinances, resolutions and codes adopted by the City governing the development and N use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications= applicable to the Development of the Property, 3.1.13 "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. 3.1.15 "Processing Fees" means the normal and customary application, filing, plan check, permitfees for land use approvals�, design review, tree removal permits, building permits, demolition permits,• g pe Ml � and -other similar rmits and , gradin r lt�, pe entitlements, and inspection fees, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the City, 3.1.16 "Project" If applicable means the Development of the Property contemplated by the Development Plan, as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this STATUTORY AGREEMENT. The Project shall consist of this STATUTORY AGREEMENT, the Development Plans, the application any and all entitlements licenses, and permits related to the Project. 31,17 "Property" means the real property described Owner's application and incorporated herein by this reference, Owner may modify the location or locations or add locations to the Property subject to City approval and all applicable zoning and distance requirements up to a total of 22000 square feet for each separate authorized use (Manufacturing, Cultivation and Distribution). 3. 1.18 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objectives of the 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 vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering, curing and/or harves . fing phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warm' g i 9, in, , cooling, aerating, fertilizing, watern irrig�pbhq, topping, pinching, cropping, curing or drying marijuana or any such space used M for storing any cannabis, no matter where such storage may take place or such storage space may be located. A" ayffM Oki Q Q 3.1.22 "Subsequent Land Use Regulations" If applicable, means any Land Use Regulations defined in Section 3.1.12that are adopted and effective after the Efective Date of this STATUTORY 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. 3.3 Binding Effect of STATUTORY AGREEMENT. The Property is hereby made subject to this STATUTORY AGREEMENT. Subject to Owner'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 STATUTORY AGREEMENT and the Development 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 Property. Owner represents and covenants that it has a leg or equitable interest in the Property, Which has an Assessor's Parcel Number of 843 021-00(6 and is more particularly dee application and document Section 3.2 and incorporated herein. I 3,5 Term. The parties agree that the Term of this STATUTORY AGREEMENT shall be fifteen (15) years commencing on the Effective Date subject to the written extension and early termination provisions described in this STATUTORY AGREEMENT, Upon termirUttion of this STATUTORY AGREEMENT, this 817ATUTORY AGREEMENT shall be deemed terminat�d and of no further force and e ot, except terms t at are expressly stt(ted in this STATUTORY AGREEMENT to surVive termination without the need of fUrther documentation from the parties hereto. The 8TATUtORY AGREEMENT's Fee is subject to renegotiation after the first term, and every five year term thereafter. Expiration of the Term of this STATUTORY Agreements set forth in Section 3.5; 00 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. (iii) Failure to timely pay the Fee. 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 approved for the Owner and/or Property. Upon the termination of this STATUTORY AGREEMENT, no party shall have any further right or obligation hereunder except with respectto any obligation to have been performed prior to such termination, orwith respect to any default in the performance of the provisions 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, 3,7.1 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 communication required or permitted hereunder. 3.7.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: .1 (i) when delivered in person to the recipient named below; or (ii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or N on the date of personal delivery shown in the recor6of the delivery company after delivery to the recipient named below; or OV) 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 narned below, All notices shall be addressed as follows: If to the City: Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to Owner: Shaun Szameit 4042 Harlan Avenue Baldwin Park, CA 91706 3,7,3 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. 3,8 Validity of this STATUTORY AGREEMENT. Owner and the City each acknowledge that neither party has made any representations to the other concerning the t enforceability or validity of any one or more provisions of this STATUTORY 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 STATUTORY 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, • Mel 4.2 Effect of STATUTORY AGREEMENT on Land Use Regulations. Except as otherwise provided by this STATUTORY AGREEMENT, the rules, regulations and official -, policies and conditions of approval governing permitted uses of the Piopertythe density and intensity Of use of the Property, the maximurn height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications -7- (i) Processing Fees imposed by the City to cover the estimated or actual' costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals 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. (i i) Procedural regulations relating to hearing bodies, petitions, applications, ations, 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 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 M 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 development of the Property separately from or jointly with the City, and this STATUTORY AGREEMENT does not limit the authority of such other public agencies, The City shall reasonably cooperate with other public agencies processing, Development Approvals for the Project, 4.7 Satisfaction of Conditions of Approval, Owner 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, Owner shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this STATUTORY AGREEMENT. 4,9 City Records Inspection, Owner acknowledges and agrees that the City is empowered to examine Owner's books and records, including tax returns, The City has the power and authority to examine such books and records at any reasonable time, including but not limited to, during normal business hours. If the City wishes to inspect -9- the areas of the Property where the cannabis is being cultivated or manufactured, City may do so, at any time with no prior notice to Owner; In addition,- City agrees that all of its employees or agents which enter the cultivation, manufacturing, and curing areas shall follow all of the policies and guidelines Imposed on Owner's employees, including without` limitation, the wearing of any clothing or equipment to insure that no pests or impurities shall enter the cultivation and curing areas, ARTICLE 5. PUBLIC BENEFITS. 5A Intent. The parties; acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this STATUTORY AGREEMENT confers substantial private benefits on Owner which should be balanced by commensurate public benefits, Accordingly, the parties intend to provide consideration to the public to balance the private; benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 5.2 For the first year, Owner will pay the City a total of $220,000 as a Fee. This fee is calculated based on $10.00 a square foot of permit space and a permit which allows up to 22,000 s. feet, among other factors, 5.3 In year two and year three, the Fee will increase to $12.50 per sq. foot for total of $275,000 per year, among other factors, At the beginning of year four and year five, Owner will pay a Fee of, 15,00 per sq, foot for a total of $33,000 per year, among other factors, 5,5 The Fee schedule is as follows'. The first Fee payment is due at the close` of the second quarter. Therefore, the first payment will be due on the last day of June' 2018, the second and last payment for the first year is due on the fast day of December 2018, For the years 2 through 15, the fee schedule is as follows, divide the total Fee for the respective year into four and make four equal payments due at the end of each quarter of the respective year, 5.6 The Fee is subject to reassessment by the City every five years. At the end; of year five, the City will set a new Fee which will be applied in years 5 through 10. At the end of year 10, the City will set new Fee which will be applied in years 11 through 15,, No one factor is disposltive in the ity's determination of the new Fee. The Cannabis permit will expire at the close of the 151h year and will require the Owner to read ply with the City for a new permit, If Owner and City cannot agree to a ;new Fee or Fees by December 22, 2022, this STATUTORY AGREEMENT will automatically terminate on December 23, 2022, 5.7 Further, Owner will pay a yearly payment of $50,000 to the City that can be used to mitigate the impact of the cannabis business on the City and its resources which includes but is not limited to, to use to pay a part of a polite officer's salary and/or benefits.. This $50,000 amount will be due at the time the permit is issued. Subsequent annual payments will be due on the permit issuance anniversary date, This payment is due within' thirty (30) days of issuance of permit and thereafter on the anniversary of the issuance of the permit. -10- 3• 6.1 Transportation of Cannabis. All pick ups and drop offs of cannabis and canna I bis products into and out of the City of Baldwin Park shall be by the exc,lusive distributor, Rijkli, Inc., or such other company should Rukli, Inc, no longer -hold that right. Owner shall not, on its own or through any person or entity, arrange for pick ups or drop offs of cannabis or cannabis products into or out of the City of Baldwin Park for any purpose, except by the exclusive distributor 6.2 Distribution of Cannabis. Owner shall distribute its cannabis and cannabis products only through the City's exclusive distributor. Owner shall cooperate fully with the City's exclusive distributor regarding 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. 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 ascertain Owner's good faith compliance with this STATUTORY AGREEMENT, During M a • w • i w i" . i `• i i. � f (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or request for a permit for cultivation, manufacturing anftr distribution or interpretation oreffectof the provisions of this STATUTORY AGREEMENT. Owner' hereby agrees to waive and/or release the City of Baldwin Park for any claim or claims or cause of action, not specifically and expressly reserved herein, which Owner may have at the time of execution of STATUTORY AGREEMENT relating to any application to the City of Baldwin Park including but not limited to, any application for any type of distribution, cultivation or manufacturing permit, any application for any distribution, cultivation or manufacturing rights, or any application for any distribution, cultivation or manufacturing license from the City of Baldwin Park. CALIFORNIA CIVIL—C—ODE SECTION 1542 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 the time of execution hereof, that this STATUTORY AGREEMENT contemplates the extinguishment of any such Claim or Claims. The Owner specifically acknowledges and W9lVb§ and releases the rights granted to Owner under Calif6irhiO 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 settlementwith the debtor," By expressly waiving the rights granted to Owner under California 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 Park and (i) they are not presently aware of any damage or injury, -13- i or (if) any damage or injury has not yet manifested itself, any claims for any such damage or injury are forever released and discharged. W Except as set forth in the preceding paragraph relating to eminent domain, Owner's remedies shall be limited to those set forth in this Section 8.1, Section 8.2, and Section 8.3, 0) Except as provided in Sections 81, money damages are unavailable against the City as provided in Section 8.1 above. • M. 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 City to be in default of the terms and conditions of this STATUTORY AGREEMENT until such default thereafter is cured 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, 9,2 Hold Harmless Agreement. Owner 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 Owner or Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, o'r acting as agent for Owner or any of Owner's contrattors or spbdontraotors. OW ner agrees to and shall defend City and its elective and �appolhtrva boar0s, commismns, officers, I through 9.4, the City reserves the right to select its own speti;al counsel or otmerwise engages special counsel to defend the City hereunder, which fees will be paid by Owner. m ARTICLE 10, THIRD PARTY LENDERS, ASSIGNMENT & SALE. all 11A Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation I of this STATUTORY AGREEMENT. 11.5 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 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. 11.7 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this STATUTORY 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 STATUTORY AGREEMENT thereafter. M 11.8 No Third Party Beneficiariles� The only parties to this STATUTORY AGREEMENT are Owner and the City. This STATUTORY 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 STATUTORY AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 11�� This STATUTORY AGRESMENT when signed and executed bypwnor and the Mayor of Baldwin Park sup��rcedes and renders null and void that ceOiri hoh- cryrnu icp J) I 0�rn6nt Agreement executed on or about December 29, 2017. statuto' hi i al PVP PI 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, a. ..... ..... ..... ..... .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, (ii) I This STATUTORY AGREEMENT is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (jv), The execution and delivery of this STATUTORY AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. Im 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 damage claims from Owner, or anyone acting on behalf of Owner for any breach thereof. As such, the parties agree that in no event shall Owner, or Owners' partners, or anyone acting on behalf of Owner be entitled to recover damages against City for breach of this STATUTORY AGREEMENT. 11,22 Laws� OWnar agrees to comply with�all �applicable state, regional, and local laws, regulali6rlsi pofizes and rules, In addition, Ownet further agrees to comply.with all i issued e6fiflevnent§, permits, licenses, including any and all applicable development standards, Specifically, Owner agrees to comply with all applicable provisions of BPMC. 11.23 Compliance with Conditions of Approval. Owner agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the City, All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 11.24 The City acknowledges that this STATUTORY AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future� either by legislative action or voter approval. In the event national -or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this STATUTORY AGREEMENT shall govern the conduct of the property under such future regulations. M IN WITNESS, the parties hereto have caused this STATUTORY AGREEMENT to be executed as of the dates written above. CITYOF B LDWIN PARK KULTIV8L. By Manuel Lozano, Mayor • President APPROV.D AS TOTFO7 o City Attorney APPROVED AS TO FORM: Legal Counsel for KULTIV8 GROUP, LLC. am Jill, 11 111��l iiii1i'llil Ili 1 11 �ff Wlk in MOM, I R] "I SOURCE: "Property Assessment Information System." Los Angeles County Office the Assessor. LA County I County of Los Angeles, Bureau of Land Management, Es HERE, Garmin, INCREMENT P, USGS, EPA, USDA. <http://maps.assessor.lacounty.gov> June 18, 2018. 1 -1- I i LOCATION:15023 Ramona Boulevard April 12, 2013 WIT-T-WN-IM This application pertains to a discretionary permit. However, unlike typica! discretionary permits, this application process is a competitive process. Only 15 applicants will be selected for permit issuance. All fees paid are nonrefundah'M regardless of outcome. A "non -vesting" Development Agreement will need to be agreed upon in order to receive a permit. This "non -vesting" Development Agreement is also discretionary and involves a competitive process. Due to City staffing constraints, Applicants are directed to schedule appointments with the Planning Division submit applications. Otherwise, there is no guarantee that a city planner will be available to take in applicationj Applications may not be dropped off without review from a city planner. Further, no mailed or e-mail applications will be accepted. I Business Name, Kulfiv8 Group, LLC Business Contact (individual): Shaun Szameit Business Contact Title, CEO & President Business Contact Mailing Address: 4042 Harlan Avenue Baldwin Park CA 91706 Primary Phone No.* 626 - 253 - 5120 Emergency Contact Name & Phone No.�* Norma Gutierrez 626 - 960 - 4279 E-maiL shaun@kultiv8group.com 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 manufacture AND cultivate, you will need to include both uses in your Business Plan, Neighborhood Plan, Security Plan, etc. V Cultivation: Square Footage: V Manufacturing: Square Footag] EI Testing Square Footage: V Distribution (Transportation) I Me -OJEO EM � M11 91 � F-11:1 612 U 4.101 11 W_1W;J 1101-111 Lai � Section A: Primary Background Informatior (Must be signed by all Principals) wz-�I 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 containei 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: - SEE ATTACHED - Principal Home or Cell Phone, Principal Home Address: Principal Signature: Attachments: mumw�-, �* g�� f�] ME Copy of Valid Driver's License, Valid DMV issued I D Card or Valid Passport Proof of address (DMV-issued ID/driver's license, and/or recent utility bill under Principal's name) Staff use only: Pass background check El 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. W 9 =.* 0 - 12111111111111111 1111 1 1 L . . - . I . , 0 1 1- .3 years prior to this permit applicafion.---- 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: Joshua Pierce Principal Title: Chief Technical Officer Principal Home or Cell Phone: 818 - 209 - 2001 Principal Home Address, 0 E Dei Mar Blvd I. 12, Pasadena CA 91107 Principal Signature: Date: 9/21/2017 Attachments: Receipt of background check and Live Scar — Copy of Valid Driver's License, Valid DMV issued ID Card or Valid Passport Proof of address (DMV-issued ID/driver's license, and/or recent utility bill under Principal's name) Staff use only: Pass background check El 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 includs 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 2 of 7 (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. Kevin Huebner Principal Title: Chief Principal Home or Cell Phone! 323 - 229 - 4784 Principal Home Address-, 837 Traction Ave Apt 306 Los Angeles CA 90013 �- I �20__ Date9/21/2017 Pictures (2) of applicant (two passport quality photographs 2" x 2") Copy of Social Security Card Copy of Valid Driver's License, Valid DMV issued I D Card or Valid Passport Proof of address (DMV-issued ID/driver's license, and/or recent utility bill under Principal's name) Staff use only: Pass background check 0 Add more pages as necessary to include signatures of all Cannabis Permit Principals it Landlord, if applicable). 1List 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 2 of 7 Section A: Primary Background Informatior (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, Shaun Szameit Principal Title,h CEO & President Principal Home or Cell Phone� 626 - 253 - 5120 Principal Home Address, 4042 Harlan Avenue Baldwin Park CA 91706 Principal Signature: Date: Sept 21 , 2017 Attachments: Receipt of background check and Live Scan Pictures (2) of applicant (two passport quality photographs 2" x 2") Copy of Social Security Card Copy of Valid Driver's License, Valid DMV issued ID Card or Valid Passport Proof of address (DV -issued ID/driver's license, and/or recent utility bill under Principal's name) Staff use only: Pass background check El Add more pages as necessary to include signatures of all Cannabis Permit Principals (arI4 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 '• document to • explain, if necessary. 73ANNABIS PERMIT APPLICATION Page 3 oilb 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 • 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. M Section B: Business Organizational Structure/Status 1. Describe the commercial cannabis business organizational structure/status: Kultiv8 Group,_LLC is a Member Managed California Limited Liability Company 2. Attach proof of status, such as articles of incorporation, by-laws, partnership agreements, and oth documentation as may be appropriate or required by the City. I IWOT*STT$n 1. Statement of Purpose of Commercial Cannabis Business (a separate sheet may be attached): -SEE ATTACHED- . Proposed Location of Business (include APN's)., APN # 8437 - 021 - 006 15023 Ramona Blvd. Baldwin Park CA 91706 3. Name and Address of Property Owner: Gary Henson, Managef--'fontinental Ramona, LLC 15023 Ramona Blvd. Baldwin Park CA 91706 4. Name and Address of School Closest to Proposed Location: Baldwin Park High School - 3900 Puente Ave, Baldwin Park, CA 91706 Central Elementary School - 14741 Central Ave, Baldwin Park, CA 91706 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. 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 structures. 3. Floor Plans, including any proposed interior alterations. 4. Vicinity Map. It is the Applicant's responsibility to prove to the City that the cannabis operation's location at least 600 feet from all sensitive uses and 50 feet from all residential zones. The measurement is fro property airspace line to property airspace line on each lot. However, in the case of commerci condominiums, measurement is taken from the airspace property line. I This information is required for this application to be considered complete. Attach the following reports to the application. IVA IM-1 9'' Air Quality PIaL V Background Check Authorization Form and Live -Scan Request and Receipt * The applicant must submit to and pass a complete and thorough Live Scan and Background Check to conducted by the Baldwin Park Police Department. All Live Scan and Background Check results must submitted to and reviewed and cleared by the Baldwin Park Police Department. * Both must be submitted for State Clearance: I 21 State Clearance by Baldwin Park Police Departmea • 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. Section F: Essential Supplemental Information This information is required and you must submit this as part of meeting the requirements for a complet application. Check the box evidencing that you have submitted and attached to this Application the ite described below. I V11 Suitability of the proposed property: Applicant must demonstrate that the proposed location(s) exceeds all buffer zones established in the Cannabis Ordinance. IN'Suitability of security plan: The Applicant's security plan must include the presence of security personnel on premises or patrolling the premises twenty-four (24) hours per day. The Applicant's security plan must demonstrate a method to track and monitor inventory so as to prevent theft or diversion of cannabis. The Applicant's security plan must describe the enclosed, locked facility that will be used to secure or store cannabis when the location is open and the steps taken to ensure cannabis is not visible to the public. The Applicant's security plan must include measures to prevent the diversion of cannabis to persons under the age of twenty-one F11 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. 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(s). The Applicant must certify, as a condition of maintaining the permit, that it vvill not employ any person with any type of 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. Applicants must certify as a condition of maintaining the permit that they will not employ as managers or employees any person with any controlled substance related misdemeanor conviction. Regulatory compliance history: Where an Applicant, its principal or managers own or operate other businesses, including medical cannabis facilities in other jurisdictions, Applicant must provide a record of any citations, sanctions, investigations, suspensions or any time in which Applicant has had their license, permit, registration or authorization revoked for any reason, including criminal, patient safety, workplace safety, wage and hour, discrimination. Applicant must identify whether it has had a permit or license revoked by any city or the State of California. Applicants must also identify any administrative penalties assessed against their business. 10 Good legal standing: Applicant must certify that the Cultivation and/or Manufacturing facility, includirF its principals and managers acting in their own official capacities, have not violated any local, state or federal tax, environmental, consumer protection, food safety, workplace safety, discrimination, human rights, employment, labor or other laws relevant to the operation of a cannabis business in the state. Community engagement: Applicants should identify any involvement in the community, other non-profit association, or neighborhood association. Applicant should identify the percentage of employees it guarantees will be hired from the City of Baldwin Park, 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. CANNABIS PERMIT APPLICATION Page 6 of 7 V Environmental impact: Application should indicate if the business uses renewable energy sources. WN 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. gation 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 Cultivation, Manufacturing, Testing, and Distribution/Transportation). The fee for cultivation will be calculated based on square footage. The fee for other categories shall be proposed by each applicant. Are you willing to voluntarily donate $50,000 to the City of Baldwin Park towards the salary of one Police Officer? Section G: Fees Please attach a cashier's check or money order made payable to the "City of Baldwin Park" for the following fees: El LiveScan fee: $48.00 Ocr-00-4j—� Background check fee: $937.50 Cannabis Permit Application/Development Agreement Fee: $2,857.50 Number assigned to applicatiomM Date fee received, I �- Date Proof of ownership was verified or a signed and notarized statement from the property owner was received, I gmzm��� • i NIP 1171 111110�1 rm uww. i EXHIBIT B FLOORPLAN + PRODUCT MANUFACTURING OVERVIEW '4. kYM Rt �.d a „ v to s� } .k kxdi. 9 rki 38 i j e x x, a ,,.i � i,•,. .a a�4's'c ;. a.,.::.tFeB: Mkt"n ":b,F , 0 k µ�..m .�..,Y`*k'^.�4�?..�u�AtWk ,..3n, m: eyw.wwmwrwam�:x•>*.mro. M,h,,,.........r., E �gF F t t i ... r... ,. tlVINIkYi ,. JNt WY �, 1 i" PROPOSED 1STFLOOR PLAN Docusign Envelope ID: 1E6F2B2F-188F-4B35-B87C-858A410E9B6E 15023 Ramona Blvd, Baldwin Park Ca 91706 Landlord's Information: K8 INVESTOR HOLDINGS LLC Attention Corey Eagle 120 S. Sierra Avenue, Solace Beach Ca92075, 858.683.7100 Email Address: ceaglebruttenglobal.com Phone Number: 8 5 8.6 8 3.7 100 Tenant's Information: T-Rex Real Estate Holdings, LLC Attention Juan H. Herrera 15260 Ventura Blvd Suite 1210 Sherman Oaks ca. 91403 Email Address: jherreragtrexmanagementgroup.com Phone Number: 818-968-2440 Subtenant's Information: California Harvest Fund, LLC Attention Jason Turchin 15023 Ramona Blvd Baldwin Park Ca. 91706 Email Address: jasonturchin2 I ggmail.com Phone Number: 8 18-335-3177 Property Information: 15023 Ramona Blvd Baldwin Park Ca. 91706 Lease Start Date- 02/01/2024 Month -to -Month lease Original Lease Agreement Reference: K8 Investor Holdings, LLC and T-Rex Real Estate Holdings, LLC Effective Date of Sublease: March 1, 2024 Docusign Envelope ID: 1E6F2B2F-188F-4B35-B87C-858A410E9B6E The undersigned, being the Manager of K8 Investor Holdings, LLC, (the "Landlord") the legal owner the property located at 15023 Ramona Blvd, Baldwin Park Ca 91706 (the "Property") and the landlord under that certain lease to T-Rex Real Estate Holdings, LLC (the "Tenant") for the Property (the "Lease"), hereby grants its consent to Tenant to sublease the Property to California Harvest Fund, LLC, a California limited liability company (the "Subtenant") under this Consent to Sublease, effective March 1, 2024 subject to the following conditions: ® T-Rex Real Estate Holdings, LLC, remains responsible for all obligations outlined in the original lease agreement. ® California Harvest Fund, LLC shall abide by the terms and conditions set forth in the original lease agreement and shall communicate directly with T-Rex Real Estate Holdings, LLC. regarding any concerns or issues related to the sublease. ® This consent to sublease does not constitute a transfer of tenancy or release of T-Rex Real Estate Holdings, LLC. from any obligations under the original lease agreement. ® This approval is contingent upon compliance with all terms and conditions set forth in the original lease agreement between K8 Investor Holdings, LLC and T-Rex Real Estate Holdings, LLC and is intended to facilitate the necessary approvals from the City of Baldwin Park. ® Additional terms as outlined below are hereby included in these conditions By signing below, the parties to this Consent to Sublease acknowledge that they have read and understand the terms and conditions of this consent to sublease the Property. Landlord: K8 Investor Holdings, LLC Date: July 17, 2024 Corey Eagle, Owner 7/17/2024 Tenant: T-Rex Real Estate Holdings, LLC Date: DocuSigned by- JjMen, CEO Jua � 7/17/2024 Subtenant: California Harvest Fund, LLC Date: ocu igned by: JAW'TTHTIffi, Managing Member Additional terms Both of this consent as well as any related lease, sublease, master lease or any other agreement shall expire and no longer be in effect at the earlier of a) City of Baldwin Park not approving and signing Settlement Agreement with K8 Investor Holdings LLC as result of City Council hearing on July 17th, 2024, b) City of Baldwin Park not approving T-Rex Real Estate Holdings LLC and/or California Harvest Fun LLC for a Cannabis Commercial Agreement as a result of City Council hearing on August 7th, 2024 or earlier date, or c) August 15th, 2024 at the latest. Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD This SUMMARY OF BASIC SUBLEASE INFORMATION ("Summary") is hereby incorporated into and made a part of the attached Sublease Agreement, which pertains to the Subleased Premises described below. All references in the Sublease Agreement to the "Sublease" shall include this Summary. If there is any inconsistency between the Summary and the Sublease Agreement, the provisions of the Sublease Agreement shall control. 1.1 Tenant Address: T-Rex Real Estate Holdings, LLC DocuSigned by: 15260 Ventura Blvd suite 1200 7/31/2024 Sherman Oaks Ca. 91403 tmv& D OAF81B45F.. 1.2 SubtenantAddress: CALIFORNIA HARVEST FUND LLC 14431 Ventura Blvd Suite 270 DOCUSIgned by: 7/31/2024 Sherman Oaks, Ca 91423 Exwu I-W66W �D4050FOAF81B45F.. 1.3 Landlord Address: K8 INVESTOR HOLDINGS LLC 120 S. Sierra Avenue, Solana Beach Ca 92075 7/30/2024 1.6 Rent Commencement Date: 1.7 Monthly Rental: WJIGHENDMI, 1.8 Utilities: Subtenant shall be responsible for all utilities consumed at the Subleased Premises. This is meant to be a triple net sublease with Subtenant responsible for all repairs, costs, and maintenance. 1.9 Permitted Use: Premises shall be used for general office, administration, and use for cultivation, processing, product manufacturing, distribution and wholesale operations of cannabis and cannabis products, 1.11 Guarantor: The Subtenant will be subject to delivery of a fully executed Guaranty of Lease executed by Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD 1.12 Commencement of Rent: Jason Turchin in the form attached hereto as Exhibit C. The subtenant, California Harvest Fund, LLC, agrees that the obligation to commence rent payments under the Lease Agreement shall be contingent upon the approval of the California State -issued cannabis license from the Department of Cannabis Control ("DCC") and the California Department of Public Health ("CDPH"). Rent payments shall commence once the state and the City of Baldwin Park issue the approval. - All of the Summary of Basic Sublease, the Consent to Sublease, as well as any related Lease, Sublease, Master Lease or any other Agreement shall expire and no longer be in effect at the earlier of a) City of Baldwin Park not approving and signing Settlement Agreement with K8 Investor Holdings LLC as result of City Council hearing on July 17th, 2024, b) City of Baldwin Park not approving T-Rex Real Estate Holdings LLC and/or California Harvest Fun LLC for a Cannabis Commercial Agreement as a result of City Council hearing on August 7th, 2024 or earlier date, or c) August 17th, 2024 at the latest. DOCUSIgned by: t�mv& 5 OAF81B45F.. Juan Herrera T-REX REAL ESTATE HOLDINGS LLC 7/31/2024 DOCUSigned by: ,� xw& I-W&V" D4050FOAF81B45F.. Jason Turchin CALIFORNIA HARVEST FUND LLC 7/31/2024 Corey Eagle K8 Investor Holdings, LLC 7/30/2024 Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD SUBLEASE AGREEMENT This Sublease Agreement (the "Sublease") is made and entered into, effective as of the 26th day of February,2024,(the "Effective Date"), by and among T-REX REAL ESTATE HOLDINGS LLC, on the one hand, (the "Tenant") and CALIFORNIA HARVEST FUND LLC, a California limited Liability Company (the "Subtenant"). Each of Tenant and Subtenant is sometimes referred to herein individually as a "Party") and, collectively, as the "Parties"). 1. Purpose. The Parties agree that the Subtenant shall lease from the Tenant(the "Sublease") a total of 100% of the building of the Tenants leasehold interest in the premises located at 15023 Ramona Blvd, Baldwin Park Ca 91706, as described in Exhibit A, (the "Premisespursuant to the terms and conditions contained in that certain Lease Agreement by and between the Landlord and T-Rex Real Estate Holdings, LLC (the "tenant"), a true and correct copy of which is attached as Exhibit B to this Agreement (the "Lease & Consent to Sublease"). Except where otherwise indicated, capitalized words used but not defined in this Sublease shall have the respective meanings given to them in the Lease, and each reference in this Sublease shall be deemed by the Parties, and construed, to incorporate all of the ternis and conditions set forth in the Lease. 2. Sublease Term. Subtenant shall occupy the Sublease on a month-to-oathterm. The commencement date will begin March 1st, 2024. 3. jGjRua2L2gLj. Subtenant shall provide to the satisfaction of the Landlord and the Tenant, a Lease Guaranty, substantially in the form provided as Exhibit C attached to the Lease (a "Lease Guaranty"). 4. Rent. Subtenant shall pay, throughout the Sublease tern, an amount equal to Fifty Thousand Dollars ($50,000.00 per month, and its pro rata proportion of any other charges, taxes, utilities and assessments for which tenant is obligated to pay under the Lease. Rent is due on the Is'of every month. Late fee of 10% will be added if rent is not received by the 5 1h day of the month. This includes fees payable under the Management Agreement. Rent payments shall commence once the State and the City of Baldwin Park issue the approval. 5. Security Deposit. Upon execution of this Sublease Agreement, Subtenant shall remit to tenant a Security Deposit in the amount of Fifty Thousand Dollars ($50,000.00). Security Deposit payments shall commence once the state and the City of Baldwin Park issue the approval and upon the approval of the California State -issued cannabis license from the Department of Cannabis Control ("DCC") and the California Department of Public Health ("CDPH"). 6. Subleasing and Assi nment. Subtenant may not lease, sublease, or assign the Sublease hold without the prior written consent of the tenant and the Landlord, as applicable. In no event, may Subtenant make any Restricted Transfer as defined and set forth in Section 18 of the Lease without obtaining the tenants and the Landlord's prior written consent, which Subtenant understands and agrees may be given or withheld in their sole discretion. Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD Any purported Sublease of the Sublease hold space in the Premises, shall be in writing, and signed by all Parties thereto. Any sublease or assignment which is made without adhering to the provisions of this Section 6 shall be null and void ab initio. 7. The Parties each hereby agree that in the custody and use of their respective allocated portions of the Premises, no Party will take, omit to take, or suffer to be taken by any other person any act, where the taking, omission, or occurrence of such act on the Premises, does, will, or could reasonably be expected to, create a breach or violation (including without limitation upon the giving of notice or the passage of time, or both), of any Laws and Orders, as defined in and described in Section 7.1 of the Lease. Additionally, the Subtenant further covenants and agrees to the Tenant, that throughout its usage of the Sublease hold, it shall not, and shall permit any other person to, take or omit to take any action which does or could jeopardize in any respect, the Tenants rights and interests in and to its Licenses provided by the Bureau of Cannabis Control, CA Department of Consumer Affairs (the "Licenses"). The Subtenant hereby agrees to indemnify and hold harmless the tenant, its partners, owners, officers, directors, managers, consultants, employees, agents, contractors, representatives, attorneys, joint venturers and other affiliates, and any of their respective, partners, employees, managers, consultants, attorneys, landlords, spouses, domestic partners, agents, representatives, from and against any damages, claims, injuries, obligations or other liabilities, arising or resulting from any breach or violation of Subtenant of the provisions of this Section 7 of the Lease. 8. ® All prior discussions, negotiations, agreements, understandings, and undertakings between the Parties are merged into, and superseded by, the terms of this Sublease. Any modification to this Agreement must be in writing, signed by both Tenant and Subtenant. In the event that any discrepancy between this Sublease and the Lease shall arise, the Lease shall be the controlling document, and the Parties shall work together in good faith to modify this Sublease so as to conform with the Lease. 9. Notices, All communications required or permitted under this Agreement shall be in writing and -shall be deemed to have been duly given when personally delivered or when mailed by United States express, certified or registered mail, postage prepaid to the legal mailing addresses of the Parties. 10. Construction. This Agreement shall be governed by the internal laws of the State of California, without giving effect to the principles of conflicts of law applied thereby. Any dispute arising hereunder may be brought in any court of the State of California sitting in and for the County of Los Angeles, In the event that either Party shall be required to bring or defend against any action or otherwise to enforce any of its rights under this Letter, the prevailing Party in such action shall be entitled to recover from the non -prevailing Party all of the costs and expenses incurred in bringing or defending against such action (including, without limitation, reasonably attorney's fees and expenses), 11. Counterparts; Facsimiles; Electronic Scans. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. Facsimiles and electronic scans 000usignEnvelope ID: oEC7oa04-5895-400E-9u81e8or34EC0Cao containing original signatures shall be deemed for all purposes to be originally-signmi copies of the documents which are the subject of such facsimiles or scans. Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD SIGNATURE PAGE IN WITNESS W14EREOF, the Parties hereto have executed this Sublease as of the day and year written below. DocuSigned by: By: MA, twvx 2/26/2024 _A5483E02AIDIDA44E... fl,, J Juan cla Chief Executive Officer CALIFORNIA HARVEST FUND, LLC DocuSigned by: )tat& I-W(Lt& Na/26/2024 By: ,TD E�Iason Turchin'... —.4050FOAF81 Title: managing member F&I 9 M M91TA 01111 311M Will 11 Ell IN Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD Parcel ID: APN 8437-021-006 Census Tract 405201 Block 21 Tract 36684 Lot No. 3 000usignEnvelope ID: oEC7oa04-5895-400E-9u81e8or34EC0Cao Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD WOUTIM Landlord's Information: K8 INVESTOR HOLDINGS LLC Attention Corey Eagle 120 S. Sierra Avenue, Solana Beach Ca92075, 858.683.7100 MUM= Phone Number: 858.683.7100 Tenant's Information: T-Rex Real Estate Holdings, LLC Attention Juan H. Herrera 15260 Ventura Blvd Suite 12 10 Sherman Oaks ca. 91403 Phone Number: 818-968-2440 V Attention Jason Turchin 15023 Ramona Blvd Baldwin Park Ca. 91706 Phone Number: 818-335-3177 15023 Ramona Blvd Baldwin Park Ca. 91706 Lease Start Date: 02/01/2024 Month -to -Month lease Original Lease Agreement Reference: K8 Investor Holdings, LLC and T-Rex Real Estate Holdings, LLC Effective Date of Sublease: March 1, 2024 Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD The undersigned, being the Manager of K8 Investor Holdoe e ings, LLC, (the "Landlrd") thlgal owner the property located at 15023 Ramona Blvd, Baldwin Park Ca 91706 (the "Property") and the landlord under that certain lease to T-Rex Real Estate Holdings, LLC (the "Tenant") for the Property (the "Lease"), hereby grants its consent to Tenant to sublease the Property to California Harvest Fund, LLC, a California limited liability company (the "Subtenant") under this Consent to Sublease, effective March 1, 2024 subject to the following conditions: • T-Rex Real Estate Holdings, LLC, remains responsible for all obligations outlined in the original lease agreement, • California Harvest Fund, LLC shall abide by the terms and conditions set forth in the original lease agreement and shall communicate directly with T-Rex Real Estate Holdings, LLC. regarding any concerns or issues related to the sublease. • This consent to sublease does not constitute a transfer of tenancy or release of T-Rex Real Estate Holdings, LLC. from any obligations under the original lease agreement. • This approval is contingent upon compliance with all terms and conditions set forth in the original lease agreement between K8 Investor Holdings, LLC and T-Rex Real Estate Holdings, LLC and is intended to facilitate the necessary approvals from the City of Baldwin Park. ® Additional terms as outlined below are hereby included in these conditions By signing below, the parties to this Consent to Sublease acknowledge that they have read and understand the terms and conditions of this consent to sublease the Property. Landlord: K8 Investor Holdings, LLC Date: July 17, 2024 Corey Eagle, Owner 7/17/2024 Tenant: T-Rex Real Estate Holdings, LLC Date: D—Signed by: Ir� �MJA, �VYVO, -� — Juai. —EO 7/17/2024 Subtenant: California Harvest Fund, LLC Date: _��AMV, D—Sig"ed by 18CD83263OD4472� Ja3%jlt J tjj�_111111 ivLanaging Member =431MEMBIRM Both of this consent as well as any related lease, sublease, master lease or any other agreement shall expire and no longer be in effect at the earlier of a) City of Baldwin Park not approving and signing Settlement Agreement with K8 Investor Holdings LLC as result of City Council hearing on July 17th, 2024, b) City of Baldwin Park not approving T-Rex Real Estate Holdings LLC and/or California Harvest Fun LLC for a Cannabis Commercial Agreement as a result of City Council hearing on August 7th, 2024 or earlier date, or c) August 15th, 2024 at the latest. Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD EXHIBIT C R, U � kyy., tly. THIS GUARANTY OF LEASE ("Guaranty") is dated February 26 1h 2024 and is made and entered into by JASON TURCHIN, an individual residing in the County of Los Angeles, State of California, ("Guarantor") to be effective as of the date of the Sublease (as defined below). A. This Guaranty is being executed and delivered by Guarantor as an essential inducement to that certain Sublease dated as of February 26 1h , 2024 (the "Sublease"), between T- REX REAL ESTATE HOLDINGS LLC as Tenant and CALIFORNIA HARVEST FUND LLC, a California limited Liability Company, as Subtenant, covering the Premises as described in the Sublease. B. Unless otherwise defined in this Guaranty, all capitalized terms used in this Guaranty have the same definitions as are set forth in the Sublease. For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, Guarantor agrees, covenants, represents and warrants as set forth below. 1. Guaranty. Guarantor hereby unconditionally guarantees the timely payment and performance of all rent, charges, and obligations of Sublessee under the Sublease and all other documents evidencing or securing the obligations under the Sublease existing and/or accruing during the Sublease Term, including, without limitation, Sublessee's obligations to pay all base rent, percentage rent, additional rent, common area maintenance costs and expenses, taxes and to perform all of Sublessee's obligations under the Sublease including, without limitation, maintenance and indemnity obligations under the Sublease (collectively, the "Guarantied Obligations"). This Guaranty is an absolute guaranty of payment and performance and not of collection. This Guaranty will survive the termination of the Sublease and will continue in full force and effect with respect to any of Sublessee's obligations under the Sublease which are not fully performed. 2. Rights of Sublessor. Guarantor authorizes Sublessor to, at any time and from time to time, in Sublessor's discretion, (a) take and hold, and apply, any security for the Guarantied Obligations; (b) accept additional or substituted security; (c) subordinate, compromise or release any security; (d) release Sublessee or any other person from its liability for all or any part of the Guarantied Obligations; (e) participate in any settlement offered by Sublessee or any guarantor, whether in liquidation, reorganization, receivership, bankruptcy or otherwise; (f) release, substitute or add any one or more guarantors or endorsers; (g) assign this Guaranty and/or the Guarantied Obligations in whole or in part; or (h) modify, extend and/or amend the Guarantied Obligations. Sublessor may take any of the foregoing actions upon any terms and conditions as Sublessor may elect, without giving notice to Guarantor or obtaining the consent of Guarantor and without affecting the liability of Guarantor to Sublessor. Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD 3. Independent Obligations. Guarantor's obligations under this Guaranty are independent of those of Sublessee or of any other guarantor. Sublessor may bring a separate action against Guarantor without proceeding (either before, after or concurrently) against Sublessee or any other guarantor or person or any security held by Sublessor and without pursuing any other remedy. Sublessor's rights under this Guaranty shall not be exhausted by any action of Sublessor until all of the Guarantied Obligations have been fully performed. 4. Waiver of Defenses. Guarantor waives: 4.1 Any right to require Sublessor to proceed against Sublessee or any other person or any security now or hereafter held by Sublessor or to pursue any other remedy whatsoever, including, without limitation, any such right or any other right set forth in or arising out of Sections 2845, 2848, 2849, 2850, 2855 or 3433 of the California Civil Code. 4.2 Any defense based upon any legal disability of Sublessee or any guarantor, • • discharge • limitation of the liability of Sublessee or any guarantor to Sublessor, • any restraint • stay applicable to • against Sublessee or any • guarantor, whether such disability, discharge, limitation, restraint or stay is consensual, or by order of a court or other governmental authority, or arising by operation of law or any liquidation, reorganization, receivership, bankruptcy, insolvency or debtor -relief proceeding, or from any other cause. 4.3 All setoffs, counterclaims, presentment, demand, protest or notice of any kind, except for any notice which may be expressly required by the provisions of this Guaranty. 4.4 Any defense based upon the modification, renewal, extension or other alteration of the Guarantied Obligations, or of the documents executed in connection therewith. 4.5 Any defense based upon the negligence of Sublessor, including, without limitation, the failure to file a claim in any bankruptcy of the Sublessee or any guarantor. 4.6 Any defense based upon a statute of limitations and any defense based upon Sublessor's delay in enforcing this Guaranty. 4.7 All rights of subrogation, reimbursement, indemnity, all rights to enforce any remedy that Sublessor may have against Sublessee, and all rights to participate in any security held by Sublessor for the Guarantied Obligations, including, without limitation, any such right or any other right set forth in Sections 2845, 2848 or 2849 of the California Civil Code, until the Guarantied Obligations have been paid and performed in full. 4.8 Any defense based upon or arising out of any defense that the Sublessee or any other person may have to the performance of any part of the Guarantied Obligations other than Sublessor's prior material breach. 4.9 Any defense based upon the death, incapacity, lack of authority or termination of existence or revocation hereof by any person or entity or persons or entities, or the substitution of any party hereto. Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD 4.10 Any defense based upon or related to Guarantor's lack of knowledge as to Sublessee's financial condition. 1 4.12 Any and all • to revoke this Guaranty in whole or in part, and all rights and benefits of Section 2815 of the California Civil Code. 4.13 Any • based • any action taken •' omitted by Sublessor in any bankruptcy • other • proceeding • Sublessee, including any election to have Sublessor's claim allowed as secured, partially secured or unsecured, any action taken by the • in connection with a motion to assume, assign • reject the Sublease, any extension of • by the Sublessor to the Sublessee in any such proceeding, and the taking and holding by the Sublessor • any security for any such extension of credit. 4.14 Any right • defense that is • may become available to the Guarantor by reason of California Civil Code Sections 2787 to and including 2855, 2899 and 3433. 4.15 All rights and defenses arising out of an election of remedies by Sublessor, even though that election of remedies destroys or impairs Guarantor's right of subrogation and/or reimbursement against Sublessee. WMMM� =� 5.1 Until all of the Guarantied Obligations have been paid and performed in full, Guarantor shall not, without the prior written consent • Sublessor, commence, •' J oin with any • person in commencing, any bankruptcy, reorganization, or insolvency • against Sublessee. The obligations of Guarantor under this Guaranty shall not be altered, limited, or affected • any `'•, voluntary or involuntary, involving the • insolvency, receivership, reorganization, liquidation, or arrangement of Sublessee, or by any defense Sublessee may have by reason of any order, decree, or decision of any court or administrative body resulting from any such proceeding. No limitation upon or stay of the enforcement of any obligation of Sublessee by virtue of any such proceeding shall limit or stay Sublessor's • of Guarantor's ax .�,meut orx ,gerfon-nance • such obli;_4ation under this Guaranty, --In furtherance of the foregoing, Guarantor agrees that if acceleration of the time for payment of any amount payable by Sublessee under the Sublease or in respect of the other Guarantied Obligations is stayed for any reason, all such amounts which would be subject to acceleration shall nonetheless be deemed to be accelerated for purposes of this Guaranty and the full amount thereof shall be payable by Guarantor hereunder forthwith upon demand. 5.2 Guarantor shall file in any bankruptcy or other proceeding in which the • •' claims is required • permitted by law all claims that Guarantor may have against Sublessee relating to any indebtedness of Sublessee to Guarantor, and will upon request assign to • all • • Guarantor thereunder. In all such cases, whether in administration, bankruptcy, • • the person or persons authorized to pay such claim shall pay to Sublessor the amount payable on such claim. Guarantor hereby assigns to Sublessor all of the Guarantor's rights to any such payments • distributions to which Guarantor would otherwise Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD Sublessorbe entitled; provided, however, that Guarantor's obligations hereunder shall not be satisfied except to the extent that Sublessor receives cash by reason of any such payment or distribution. If i ' other than cash,. f as i' for amounts due underGuaranty. , i'. Costs and Expenses. Guarantoragrees to pay,#' # i demand, SubleaseSublessor's reasonable out-of-pocket costs and expenses, including but not limited to attorneys' fees, costs and disbursements, incurred in any effort to collect or enforce any of the Guarantied Obligations or this Guaranty, regardless whether any lawsuit is filed, and in the representation of Sublessor in any insolvency, bankruptcy, reorganization or similar proceeding relating to Sublessee or Guarantor. Until paid to Sublessor, such sums will bear interest from the date such costs and expenses are incurred at the rate set forth in the ir pastdue obligations. incurredobligations of the Guarantor under this Section shall include payment of all such costs and expenses by Sublessori • any judgments. 7. Reinstatement. The liability of , #' reinstated and revived, a • the rights of • a amount on account of . Obligations which Subless! `. to restore or notwithstandingreturn or which is avoided in connection with the bankruptcy, insolvency or reorganization of Sublessee or otherwise, all as though such amount had not been paid. The determination as to whether any such payment or perfon-nance must be restored or returned will be made by Sublessor in its sole discretion- ' �9,rovidedl, however,. that if Sublessor chooses to contest angy� such matter, Guarantor agrees to in emnifv, defend and hold harmless Sublessor from all costs and expenses (including, without limitation, reasonable legal fees and disbursements) of such contest. Further, upon demand from Sublessor, Guarantor will restore or return such payment or performance directly on Sublessor's behalf in furtherance of Guarantor's obligations hereunder. Sublessor will be under no obligation to return or deliver this Guaranty to Guarantor, of a a Obligations. a. returned to Guarantor or otherwise released, then the provisions such return or - r and the liabilityr under this Guarantyreinstatedand continued under the circumstances provided herein notwithstanding such return or release. ii. Subordination. Any ini- -• of # Guarantor nowor existing shall be, and such indebtedness hereby is, deferred, postponed and subordinated to payment and performance of the Guarantied Obligations. Any payment made to Guarantor by Sublessee or any third party with respect to the indebtedness subordinated hereunder at any time when an Event of Default exists under the Sublease or while any Guarantied Obligations are otherwise then payable or perfi . #le shall be held in trust by Guarantorfor by Sublessor against the Guarantied Obligations. Any lien, charge or claim which Guarantor now has or hereafter may have on or to any real or personal property of Sublessee (including without limitation any real property subject of the Sublease, the personal property located thereon, any rights therein and related thereto, and the revenue and/or income realized therefrom) and any security for any loans, advances or other indebtedness of Sublessee to Guarantor, shall be, and hereby is, subordinated to the payment and performance of the Guarantied Obligations. Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD 9. Representations and Warranties. Guarantor makes the following representations and warranties, which are deemed to be continuing representations and warranties until payment and performance in full of the Guarantied Obligations. 9.1 Guarantor has all the requisite power and authority to execute, deliver and be legally bound by this Guaranty on the terms and conditions herein stated. Guarantor is a California corporation validly existing and in good standing in the State of California with the full power and authority to enter into this Guaranty. 9.2 Guarantor has all the requisite power and authority to transact any other business with Sublessor as necessary to fulfill the terms of this Guaranty. 9.3 This Guaranty constitutes the legal, valid and binding obligations of Guarantor enforceable against Guarantor in accordance with its terms. 9.4 Neither the execution and delivery of this Guaranty nor the consummation of the transaction contemplated hereby will, with or without notice and/or lapse of time, (a) constitute a breach of any of the terms and provisions of any note, contract, document, agreement or undertaking, whether written or oral, to which Guarantor is a party or to which Guarantor's property is subject; (b) accelerate or constitute any event entitling the holder of any indebtedness of Guarantor to accelerate the maturity of any such indebtedness; (c) conflict with or result in a breach of any writ, order, injunction or decree against Guarantor of any court or governmental agency or instrumentality; or (d) conflict with or be prohibited by any federal, state, local or other governmental law, statute, rule or regulation. 9.5 No consent of any other person not heretofore obtained and no consent, approval or authorization of any person or entity is required in connection with the valid execution, delivery or performance by Guarantor of this Guaranty. 9.6 Guarantor will receive substantial and material benefits from the leasing of the Premises to Sublessee and the consideration received by Guarantor for this Guaranty is sufficient in all respects, 9.7 Guarantor presently has and will at all times maintain sufficient assets and tangible net worth to timely pay and perform all of the Guarantied Obligations, and Guarantor will not take any action nor participate in any transaction which would materially impair Guarantor's ability to so pay and perform the Guarantied Obligations. 9.8 Neither this Guaranty nor any other statement furnished by Guarantor to Sublessor in connection with the transactions contemplated hereby (including, without limitation, any financial statements or other business information) contains any untrue statement of material fact or omits to state a material fact necessary in order to make the statements contained herein or therein true and not misleading. 10. Joint and Several Liability. The obligations, waivers, promises, representations and warranties set forth herein are the joint and several undertakings of each of the persons or entities executing this Guaranty as a Guarantor and of any other guarantors or other persons or 000usignEnvelope ID: oEC7oa04-5895-400E-9u81e8or34EC0Cao 11 will ,;Ullisl "PPRIPPI'l, WOR No, Wt I to proceed against any of the others. Any married person who executes this Guaranty agrees that recourse may be had against his or her separate and community property. 11. Inducement; No Assignment. Guarantor acknowledges that the undertakings given in this Guaranty are given in consideration of Sublessor's entering into the Sublease and that Sublessor would not enter into the Sublease but for the execution and delivery of this Guaranty. Guarantor's obligations hereunder are personal to Guarantor and Guarantor may not assign or delegate any of its obligations under this Guaranty without Sublessor's prior written consent, which consent may be withheld in Sublessor's sole, absolute and arbitrary discretion. 12. Guarantor Information. Guarantor will promptly supply such financial statements and business information regarding Guarantor as may reasonably be requested from under this Guaranty. 13. Sublessee's Financial Condition. Guarantor is relying upon its own knowledge ma�* in its sole discretion', in addition to anw other ri.2ht or reme rovided by*, law or at exuiti* all of which are cumulative and non-exclusive, proceed to suit against the Guarantor. Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD 15. Transfer by Sublessor. If Sublessor obtains Master Lessor's consent to transfer, encumber or assign (other than for collateral security purposes) a majority of Sublessor's membership interests or any other form of assignment as defined under the Master Lease, this Guaranty shall automatically apply in favor o� Master Lessor with respect to all Guarantied Obli from an,-�i after the date of the transfer, In Mliarantp, shall remain in full force and effect in favor of the transferor with respect to all Guarantied Obligations arising or accruing under the Sublease prior to the date of the transfer including, without limitation, all Guarantied Obligations relating to Sublessee's Indemnity and insurance obligations (and similar obligations) under the Sublease with respect to matters arising or accruing during the transferor's period of ownership. 16. Severability. If any one or more of the covenants, provisions or terms of this Guaranty is, in any respect, held to be invalid, illegal or unenforceable for any reason, the remaining portion thereof and all other covenants, conditions, provisions, and terns of this Guaranty will not be affected by such holding, but will remain valid and in force to the fullest extent permitted by law. 17. Notices. All notices, demands and other communications with, to, from or upon the Guarantor and the Sublessor required or pen-nitted hereunder shall be in writing, addressed to the parties at their respective addresses as follows: (a) with respect to Sublessor, to the notice as shall be designated in a written notice to the other complying with the terms of this Section. All such communications shall be deemed effective upon the earliest of (1) actual delivery if delivered by personal delivery; (ii) four Business Days following deposit, first class postage prepaid, with the United States mail; (iii) if sent by certified postage prepaid mail, upon the earliest to occur of (a) four Business Days following deposit thereof in the United States mail, or (b) receipt (or refusal to accept delivery); or (iv) on the next Business Day after deposit with an overnight air courier with request for next business day delivery. 18. Miscellaneous. No provision of this Guaranty or Sublessor's rights hereunder may be waived or modified nor can Guarantor be released from its obligations hereunder except by a writing executed by Sublessor. No such waiver shall be applicable except in the specific instance for which given. No delay or failure by Sublessor to exercise any right or remedy against Sublessee or Guarantor will be construed as a waiver of that right or remedy. All remedies of Sublessor against Sublessee and Guarantor are cumulative. This Guaranty shall be governed by and construed under the laws of the State of California. The provisions of this Guaranty will bind and benefit the heirs, executors, administrators, legal representatives, successors and assigns of Guarantor and Sublessor. The term "Sublessee" will mean not only the Sublessee named herein but also any other person or entity at any time occupying all or any portion of the Premises or assuming or otherwise becoming liable (other than as a guarantor) for all or any part of the Guarantied Obligations. This Guaranty constitutes the entire agreement between Guarantor and Sublessor with respect to its subject matter, and supersedes all prior or contemporaneous agreements, representations and understandings. Docusign Envelope ID: DEC7DB64-5895-460E-9281-29D734ECOCBD All headings in this Guaranty are for convenience only and shall be disregarded in construing the substantive provisions of this Guaranty. IN WITNESS WHEREOF, this Guaranty has been duly executed on behalf of Guarantor and delivered to Sublessor as of the date set forth above, to be effective as of the Effective Date set forth in the Sublease. Title: OWNER DocuSigned by, By: mm, I-W(Lt& 2/26/2024 -DD4050F0AF81B45F Name: Jason Turchin m Me 19197 Golden valley Rd, 531 c;;nt;i Cl;;rit;; C;; ITEM NO. HA1 c.i x SAID CsABRIEL b TO: Chair and Members of the Housing Authority FROM: Rose Tam, Director of Finance PREPARED BY: Grace Nguyen, Senior Finance Clerk DATE: August 7, 2024 SUBJECT: Baldwin Park Housing Authority's Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority was $818,797.41. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The June 07, 2024 to July 08, 2024 Warrant check numbers 73062 through 73089 in the amount of $17,762.88 and Automated Clearing House (ACH) in the amount of $801,034.53 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Happy Check Register 2. Happy Check Register ACH Page 1 / 1 Check Register ^~`~po^~ 7/8/2024 Date Range: S/7/2024... 7/8/2024 Grouped by: VMS Date Range: — Sorted by: Check Number Program: - Payment Type: Check Numbers: — Direct Deposit: Exclude Direct Deposit Check Cleared: All Port Status: Include Port Ins ZonnHAPs: Include Zero HAPa Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks V'Check Number Check Date VMS Date Payee Name DID Amount []73062 06/12/2024 0401/2024 Cameron Properties [] $6745.00 []73003 0701/2024 0701/2024 Julie LFonseca [] $10.00 []73004 07/01/2024 0701/2024 Vanessa GRoss [] $108.00 []73005 0701/2024 0701/2024 Jacqueline Chaves [] $154.00 []73060 07/01/2024 07/01/2024 Carmen Rivera -Madrid [] $27.00 []73007 0701/2024 0501/2024 Mona LMartin [] $57.00 []73068 07/01/2024 07/01/2024 XiomamAMartinez [] $21.00 []73000 0701/2024 0701/2024 City ofPomona Housing Authority [] $81044 []73070 07/01/2024 0701/2024 Ken Chi -Kin Yu [] $13.00 []73071 0701/2024 0701/2024 Jasmine JanaoRhodes [] $138.00 []73072 07/01/2024 0701/2024 Monica AEaoa|ant* [] $45.00 []73073 0701/2024 0701/2024 Sheila K4Freeman [] $20.00 []73074 07/01/2024 07/01/2024 Christine ARodriguez [] $37.00 []73075 0701/2024 0701/2024 Gwendolyn Jean Adams [] $10.00 []73070 07/01/2024 0701/2024 Jess Edward Pora|ta [] $10.00 []73077 0701/2024 0701/2024 Ricky Garcia [] $31.00 []73078 07/01/2024 0701/2024 BainaACa|dom [] $4�00 []73079 0701/2024 0701/2024 K4anue|Ochoa [] $150.00 []73080 07/01/2024 07/01/2024 Maria LLopez [] $21.00 []73081 0701/2024 0701/2024 TrioiaJHano|dne [] $120.00 []73082 07/01/2024 0701/2024 Eternal Link LLC [] $1883.00 []73083 0701/2024 0701/2024 F|amiahaPenowa [] $135.00 []73084 07/01/2024 0701/2024 Isabel Herrera [] $110.00 []73085 0701/2024 0701/2024 George KaChun Chew [] $2404.00 []73080 07/01/2024 07/01/2024 City ofCarlsbad [] $1121.44 []73087 0701/2024 0701/2024 Cameron Properties [] $2520.00 []73088 07/01/2024 05/01/2024 Venancio Felix [] $732.00 []73080 0701/2024 0701/2024 Mary FBaUeatomu [] $171.00 Copyright @2011-2U24.HAPPY Software, Inc. Check Register Report Gm 07/08/2024 Page Total $17,762.88 Average $455.46 Unit Count 12 Average Weighted by Unit Count $1,083.58 Hard to House Count Copyright © 2011-2024, HAPPY Software, Inc. Check Register Report GN 07/08/2024 Page 2 Check Register ^~`~po^~ 7/8/2024 Date Range: S/7/2024... 7/8/2024 Grouped by: VMS Date Range: - Sorted by: Check Number Program: - Payment Type: Check Numbers: - Direct Deposit: Include Direct Deposit Check Cleared: All Port Status: Include Port Ins ZonnHAPs: Include Zero HAPa Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks V'Check Number Check Date VMS Date Payee Name DD Amount []33932 06/12/2024 0601/2024 The Six Straws LLC $120.00 []33033 00/12/2024 0403/2024 Post BmokhoUovv.LP $5397.00 []33834 08/12/2024 05/01/2024 $5033.00 []33035 00/12/2024 0401/2024 Monrovia Heritage Park LP $5574.00 [] 33830 07/01/2024 05/01/2024 Y & H Investment, Inc. $1617.00 []33037 0701/2024 0701/2024 Eunice Property, LLC $1225.00 []33838 07/01/2024 07/01/2024 Wilson Apartment Associates LP. $1816.00 []33030 0701/2024 0701/2024 K4onetHuong Nguyen $3020.00 []33840 07/01/2024 0701/2024 ASCENSION HOLDINGS LLC $1268.00 []33041 0701/2024 0701/2024 TomCinquograni $513.00 []33842 07/01/2024 0701/2024 Mark T.Fernandez $881.00 []33043 0701/2024 0701/2024 Melody (Muoi)Dao $1507.00 [] 33844 07/01/2024 07/01/2024 JohnYV. Ruwitoh and Anh Lam Truong $2012.00 []33045 0701/2024 0701/2024 Adam King Lee and Joyce NgLee $1374.00 []33840 07/01/2024 0701/2024 K4ingyuOu $2201.00 []33047 0701/2024 0701/2024 SAE GROUP, LLC $2100.00 []33848 07/01/2024 0701/2024 Wei ZhonSu $1600.00 [] 33049 0701/2024 0701/2024 Mallorca Apartments, LTD $3404.00 []33850 07/01/2024 07/01/2024 Michael |.orLing Brooks $841.00 []33051 0701/2024 0701/2024 Cipriano Salazar Jr. $1012.00 []33852 07/01/2024 0701/2024 OungTmn $2357.00 []33053 0701/2024 0701/2024 19 $1305.00 []33854 07/01/2024 0701/2024 Monrovia 012. LP 19 $28588.00 []33055 0701/2024 0701/2024 Leslie KNg 19 $1084.00 []33856 07/01/2024 07/01/2024 Jun HuaHu 19 $2037.00 []33057 0701/2024 0701/2024 LionDiep 19 $1585.00 []33858 07/01/2024 0701/2024 RouaLamao-Sermtoo 19 $2388.00 []33050 0701/2024 0701/2024 Villa Olive Oak dbaOak Park- South 19 $5468.00 []33860 07/01/2024 0701/2024 K4a|oo|mUao 19 $875.00 []33001 0701/2024 0701/2024 Dajcjo.LLC 19 $1285.00 []33862 07/01/2024 07/01/2024 Investor Trust Realty Group, Inc. 19 $1427.00 []33003 0701/2024 0701/2024 SiouTuan Phan 19 $3240.00 Copyright @2011-2O24.HAPPY Software, Inc. Check Register Report Gm 07Y08/2024 Page ❑ 33964 07/01/2024 07/01/2024 Don Norwood 19 $1463.00 ❑ 33965 07/01/2024 07/01/2024 Ana Thai to $921.00 ❑ 33966 07/01/2024 07/01/2024 SRI Properties No 15 LLC ® $1397.00 ❑ 33967 07/01/2024 07/01/2024 Larry Chow to $1851.00 ❑ 33968 07/01/2024 07/01/2024 T & T Asset Holding, LLC ® $537.00 ❑ 33969 07/01/2024 07/01/2024 Michael Alfred Alarcon to $1269.00 ❑ 33970 07/01/2024 07/01/2024 Mousa Boushaaya ® $1798.00 ❑ 33971 07/01/2024 07/01/2024 Tuan Viet Ho to $2190.00 ❑ 33972 07/01/2024 07/01/2024 Xiaomin Lin and Xiaoxi Wu ® $2717.00 ❑ 33973 07/01/2024 07/01/2024 Jun Ye and Ming Feng to $1124.00 ❑ 33974 07/01/2024 07/01/2024 4324 Walnut St LLC 19 $2118.00 ❑ 33975 07/01/2024 07/01/2024 El Monte Housing Partners LP - The to $12163.00 ❑ 33976 07/01/2024 07/01/2024 Joseph T. Tung ® $1202.00 ❑ 33977 07/01/2024 07/01/2024 Alamitas LLC to $402.00 ❑ 33978 07/01/2024 07/01/2024 Avalon Monrovia LLC ® $1473.00 ❑ 33979 07/01/2024 07/01/2024 Pro Management Inc. to $1600.00 ❑ 33980 07/01/2024 07/01/2024 Andrew & Eva Fogg ® $1419.00 ❑ 33981 07/01/2024 07/01/2024 Heritage Park Villas LP to $25575.00 ❑ 33982 07/01/2024 07/01/2024 Heritage Park Villas LP ® $3852.00 ❑ 33983 07/01/2024 07/01/2024 Manapa Enterprises LLC to $1507.00 ❑ 33984 07/01/2024 07/01/2024 Villa Olive Oak dba Oak Park - South ® $6755.00 ❑ 33985 07/01/2024 07/01/2024 to $11960.00 ❑ 33986 07/01/2024 07/01/2024 Palo Verde Apartments, LP ® $899.00 ❑ 33987 07/01/2024 07/01/2024 Sharon Campbell ® $3149.00 ❑ 33988 07/01/2024 07/01/2024 John M Jacquet Sr. ® $1975.00 ❑ 33989 07/01/2024 07/01/2024 Linda Alice Enriquez ® $1327.00 ❑ 33990 07/01/2024 07/01/2024 Ha X Van ® $4495.00 ❑ 33991 07/01/2024 07/01/2024 Chen Jackson ® $1210.00 ❑ 33992 07/01/2024 07/01/2024 Philip Tsui ® $337.00 ❑ 33993 07/01/2024 07/01/2024 Paul Yen ® $1719.00 ❑ 33994 07/01/2024 07/01/2024 Mie Chen ® $2778.00 ❑ 33995 07/01/2024 07/01/2024 Becky Binh Nguyet Luu or Eddie Ma ® $2131.00 ❑ 33996 07/01/2024 07/01/2024 Tinh Van Le ® $627.00 ❑ 33997 07/01/2024 07/01/2024 The Six Straws LLC ® $12563.00 ❑ 33998 07/01/2024 07/01/2024 Everardo Garcia ® $1755.00 ❑ 33999 07/01/2024 07/01/2024 Ngoc T. Lieu ® $3008.00 ❑ 34000 07/01/2024 07/01/2024 Alfred Tai-Kong Ho and Lisa Chen ® $562.00 ❑ 34001 07/01/2024 07/01/2024 Covina 023 Woods 206 LP c/o ® $882.00 ❑ 34002 07/01/2024 07/01/2024 Doreen Han ® $1662.00 ❑ 34003 07/01/2024 07/01/2024 PI Properties No. 94 LLC ® $1154.00 ❑ 34004 07/01/2024 07/01/2024 Cecilia Lan Cao ® $785.00 ❑ 34005 07/01/2024 07/01/2024 Baldwin Park Family Housing Limited ® $30651.00 ❑ 34006 07/01/2024 07/01/2024 Baldwin Park Family Housing Limited ® $1126.00 ❑ 34007 07/01/2024 07/01/2024 Grace Chiou ® $1370.00 ❑ 34008 07/01/2024 07/01/2024 Marina Alvarez ® $4405.00 ❑ 34009 07/01/2024 07/01/2024 Zhi Min Li and WXL Investments Inc. ® $945.00 Copyright © 2011-2024, HAPPY Software, Inc. Check Register Report GN 07/08/2024 Page 2 ❑ 34010 07/01/2024 07/01/2024 Sui Man Mak 0 $802.00 ❑ 34011 07/01/2024 07/01/2024 Henry Wong ® $2223.00 ❑ 34012 07/01/2024 07/01/2024 West Covina Senior Villas II, LP ® $506.00 ❑ 34013 07/01/2024 07/01/2024 Dung Trung Pham and Tammy Tram ® $750.00 ❑ 34014 07/01/2024 07/01/2024 Francisco J. Sanchez and Gloria ® $1045.00 ❑ 34015 07/01/2024 07/01/2024 Blessed Rock of El Monte ® $28486.00 ❑ 34016 07/01/2024 07/01/2024 Blessed Rock of El Monte ® $3981.00 ❑ 34017 07/01/2024 07/01/2024 Joanne Pham Chau ® $2118.00 0 34018 07/01/2024 07/01/2024 ® $7379.00 ❑ 34019 07/01/2024 07/01/2024 Alfonso Contreras ® $1308.00 ❑ 34020 07/01/2024 07/01/2024 Ryan Quach and Hue Cao ® $1886.00 ❑ 34021 07/01/2024 07/01/2024 Windwood West Covina, L.P. c/o GK ® $1860.00 ❑ 34022 07/01/2024 07/01/2024 Alta Vista Villas, LP c/o Yale ® $3491.00 ❑ 34023 07/01/2024 07/01/2024 West Covina Seniors Villas 1 ® $997.00 ❑ 34024 07/01/2024 07/01/2024 Post Brookhollow, , LP ® $17790.00 ❑ 34025 07/01/2024 07/01/2024 Rahmat Ray Nehdar ® $1135.00 ❑ 34026 07/01/2024 07/01/2024 Alexander Chan ® $2260.00 ❑ 34027 07/01/2024 07/01/2024 Phat Binh Vuong ® $1242.00 ❑ 34028 07/01/2024 07/01/2024 Alan Wu ® $813.00 ❑ 34029 07/01/2024 07/01/2024 Keymax Group, Inc ® $2370.00 ❑ 34030 07/01/2024 07/01/2024 Lawe Family Trust ® $795.00 ❑ 34031 07/01/2024 07/01/2024 Henry Ho ® $1288.00 ❑ 34032 07/01/2024 07/01/2024 PAMA IV Properties, LP ® $5164.00 ❑ 34033 07/01/2024 07/01/2024 Roger Hin Nam Mak ® $9531.00 ❑ 34034 07/01/2024 07/01/2024 LAT Investments, LLC ® $3231.00 ❑ 34035 07/01/2024 07/01/2024 Kimmie Mu Matsunaga ® $4364.00 ❑ 34036 07/01/2024 07/01/2024 Xitlalai Del Real Sanchez ® $1560.00 ❑ 34037 07/01/2024 07/01/2024 Delgar IV LLC ® $1376.00 ❑ 34038 07/01/2024 07/01/2024 Mary L Haynes ® $1121.00 ❑ 34039 07/01/2024 07/01/2024 Betty Chim Lieu ® $1846.00 ❑ 34040 07/01/2024 07/01/2024 Clinett Glazis ® $309.00 ❑ 34041 07/01/2024 07/01/2024 Jim & Nancy Bailey ® $523.00 ❑ 34042 07/01/2024 07/01/2024 Kimberly Nguyen ® $1022.00 ❑ 34043 07/01/2024 07/01/2024 Gregory W. Pratt ® $4266.00 ❑ 34044 07/01/2024 07/01/2024 Joseph M. Kwok ® $2094.00 ❑ 34045 07/01/2024 07/01/2024 Leng Zhang and Bao Ying Jiang ® $1680.00 ❑ 34046 07/01/2024 07/01/2024 Mack E Titus ® $1232.00 ❑ 34047 07/01/2024 07/01/2024 ® $1198.00 ❑ 34048 07/01/2024 05/01/2024 Lourdes J. Garrison ® $5295.00 ❑ 34049 07/01/2024 07/01/2024 Lois J Gaston ® $1737.00 ❑ 34050 07/01/2024 07/01/2024 Doan & Lily Thi ® $2100.00 ❑ 34051 07/01/2024 07/01/2024 El Monte Affordable Housing Partner ® $821.00 ❑ 34052 07/01/2024 07/01/2024 Jose Baudelio Delgado ® $349.00 ❑ 34053 07/01/2024 07/01/2024 Larry Mimms ® $1600.00 ❑ 34054 07/01/2024 07/01/2024 Jaime Jimenez ® $702.00 ❑ 34055 07/01/2024 07/01/2024 Guillermo Vasquez ® $2641.00 Copyright © 2011-2024, HAPPY Software, Inc. Check Register Report GN 07/08/2024 Page 3 ❑ 34056 07/01/2024 07/01/2024 0 $1772.00 ❑ 34057 07/01/2024 07/01/2024 ® $2920.00 ❑ 34058 07/01/2024 07/01/2024 Fat Law ® $903.00 ❑ 34059 07/01/2024 07/01/2024 Kevin Kambor Kwong and Yuk Ming ® $1572.00 ❑ 34060 07/01/2024 07/01/2024 Dwight Chang ® $2291.00 ❑ 34061 07/01/2024 07/01/2024 Cameron Park Community Partners, ® $1798.00 ❑ 34062 07/01/2024 07/01/2024 Mozhgan Tavakoli ® $1638.00 ❑ 34063 07/01/2024 07/01/2024 Anmelindon LLC ® $1865.00 ❑ 34064 07/01/2024 07/01/2024 Lourdes Vela ® $3745.00 ❑ 34065 07/01/2024 07/01/2024 Gilbert Roybal ® $597.00 ❑ 34066 07/01/2024 07/01/2024 Philip & Fanny Kwok ® $1578.00 ❑ 34067 07/01/2024 07/01/2024 Primrose Villa dba Oak Park -North ® $11024.00 ❑ 34068 07/01/2024 07/01/2024 Woodside Village Apartments LP ® $19144.00 ❑ 34069 07/01/2024 07/01/2024 Cynthia Pham ® $685.00 ❑ 34070 07/01/2024 07/01/2024 Katie Yau and Daniel Hong ® $3088.00 ❑ 34071 07/01/2024 07/01/2024 Fanny Chan ® $1055.00 ❑ 34072 07/01/2024 07/01/2024 Baldwin Rose LP ® $1896.00 ❑ 34073 07/01/2024 07/01/2024 Kwan and Mei Chiang ® $1026.00 ❑ 34074 07/01/2024 07/01/2024 Sergio Molina ® $236.00 ❑ 34075 07/01/2024 07/01/2024 Fortune America ® $1700.00 ❑ 34076 07/01/2024 07/01/2024 Jason Tran ® $1298.00 ❑ 34077 07/01/2024 07/01/2024 Chuen Lau ® $9120.00 ❑ 34078 07/01/2024 07/01/2024 Tanya H Chen ® $2281.00 ❑ 34079 07/01/2024 07/01/2024 Dan Thanh Peng and Hoan Peng ® $1626.00 ❑ 34080 07/01/2024 07/01/2024 Sunset Square #2000, LP ® $9710.00 ❑ 34081 07/01/2024 07/01/2024 Ngoc Lieu ® $1243.00 ❑ 34082 07/01/2024 07/01/2024 Lark Ellen Village ® $11337.00 ❑ 34083 07/01/2024 07/01/2024 Xuyen Thach Han ® $2940.00 ❑ 34084 07/01/2024 07/01/2024 EZ APT LLC ® $1776.00 ❑ 34085 07/01/2024 07/01/2024 Kim Wah Wong and Sau Yi Wong ® $1490.00 ❑ 34086 07/01/2024 07/01/2024 Lucena A Ewing ® $4496.00 ❑ 34087 07/01/2024 07/01/2024 Jocelyn Jae Jhong ® $3172.00 ❑ 34088 07/01/2024 07/01/2024 Emilio De Jesus Cruz ® $1425.00 ❑ 34089 07/01/2024 07/01/2024 Delgar V LLC ® $961.00 ❑ 34090 07/01/2024 07/01/2024 Isabel R Sanchez ® $1855.00 ❑ 34091 07/01/2024 07/01/2024 Cienega Garden Apartments ® $9389.00 ❑ 34092 07/01/2024 07/01/2024 Vinh Hong Lai ® $4189.00 ❑ 34093 07/01/2024 07/01/2024 LPC 1829 E Workman Ave., LLC ® $2910.00 ❑ 34094 07/01/2024 07/01/2024 Doreen E Ewing ® $1381.00 ❑ 34095 07/01/2024 07/01/2024 Moller Property Management ® $1045.00 ❑ 34096 07/01/2024 07/01/2024 TPA/NASCH LLC, Westgate as a sole ® $1357.00 ❑ 34097 07/01/2024 07/01/2024 TDF LP - Pacific Towers c/o Winn ® $14109.00 ❑ 34098 07/01/2024 07/01/2024 Paul & Annie W Chau ® $892.00 ❑ 34099 07/01/2024 07/01/2024 Steven Eraj Espantman and Marta ® $1295.00 ❑ 34100 07/01/2024 07/01/2024 Gilbert Dominguez ® $10867.00 ❑ 34101 07/01/2024 07/01/2024 Eric Yu ® $1883.00 Copyright © 2011-2024, HAPPY Software, Inc. Check Register Report GN 07/08/2024 Page 4 ❑ 34102 07/01/2024 07/01/2024 Up Hill Investment Inc. ® $1766.00 ❑ 34103 07/01/2024 07/01/2024 Dieu Van Huynh to $918.00 ❑ 34104 07/01/2024 07/01/2024 Kelly Nguyen 19 $1877.00 ❑ 34105 07/01/2024 07/01/2024 Vijay Gulati to $4752.00 ❑ 34106 07/01/2024 07/01/2024 Nancy Mikhaiel ® $2151.00 ❑ 34107 07/01/2024 07/01/2024 Badillo Street Senior Apartments, LP ® $23829.00 ❑ 34108 07/01/2024 07/01/2024 Monrovia Heritage Park LP ® $28548.00 ❑ 34109 07/01/2024 07/01/2024 Tyler -Valley Metro Housing, LP to $15764.00 ❑ 34110 07/01/2024 07/01/2024 James or Barbara Fox ® $1125.00 ❑ 34111 07/01/2024 07/01/2024 Mayra Ortega to $1263.00 ❑ 34112 07/01/2024 07/01/2024 Sel Homes LLC 19 $9094.00 ❑ 34113 07/01/2024 07/01/2024 Hui Chuan Wang to $4668.00 ❑ 34114 07/01/2024 07/01/2024 725-731 W. Duarte Rd, LLC 19 $1036.00 ❑ 34115 07/01/2024 07/01/2024 Nhan Nguyen and Amy Tran to $2948.00 ❑ 34116 07/01/2024 07/01/2024 Puente Villa LLC ® $2431.00 ❑ 34117 07/01/2024 07/01/2024 RAMONA BLVD. FAMILY ® $11138.00 ❑ 34118 07/01/2024 07/01/2024 AJG Realty Inc. ® $2053.00 ❑ 34119 07/01/2024 07/01/2024 Maria Martha Martinez ® $7382.00 ❑ 34120 07/01/2024 07/01/2024 Antonio & Aida Rinos ® $1773.00 ❑ 34121 07/01/2024 07/01/2024 Greater San Gabriel Valley Property ® $832.00 ❑ 34122 07/01/2024 07/01/2024 Annette C Scott ® $1572.00 ❑ 34123 07/01/2024 07/01/2024 1024 Royal Oaks LP dba Whispering ® $18522.00 ❑ 34124 07/01/2024 07/01/2024 1024 Royal Oaks LP dba Whispering ® $12719.00 ❑ 34125 07/01/2024 07/01/2024 Khiem Nguyen, Authorized Signer ® $2341.00 ❑ 34126 07/01/2024 07/01/2024 Derek Sim ® $1197.00 ❑ 34127 07/01/2024 07/01/2024 Josephine Tran ® $1124.00 ❑ 34128 07/01/2024 07/01/2024 Allan M. & Virginia J Chipp and Ralph ® $1060.00 ❑ 34129 07/01/2024 07/01/2024 Zi Jian Li ® $1227.00 ❑ 34130 07/01/2024 07/01/2024 Minh A Nguyen ® $1902.00 ❑ 34131 07/01/2024 07/01/2024 DelGar I LLC. ® $1315.00 ❑ 34132 07/01/2024 07/01/2024 Jaime Barcena ® $1400.00 ❑ 34133 07/01/2024 07/01/2024 Monica D Mao ® $1665.00 ❑ 34134 07/01/2024 07/01/2024 Shiu-Ein Huang ® $248.00 ❑ 34135 07/01/2024 07/01/2024 The Promenade Housing Partners, LP ® $5081.00 ❑ 34136 07/01/2024 07/01/2024 Paramjit S Nijjar ® $3120.00 ❑ 34137 07/01/2024 07/01/2024 Rosa Beltran ® $1890.00 ❑ 34138 07/01/2024 07/01/2024 David Wagner ® $1173.00 ❑ 34139 07/01/2024 07/01/2024 Ynfante Holdings I, LLC ® $1008.53 ❑ 34140 07/01/2024 07/01/2024 Roman Basin ® $1453.00 ❑ 34141 07/01/2024 07/01/2024 Sandhya Kai and Padma Kai ® $1519.00 ❑ 34142 07/01/2024 07/01/2024 K. Carl and Zitta A Setian ® $1380.00 ❑ 34143 07/01/2024 07/01/2024 Nomer Lacson ® $2038.00 ❑ 34144 07/01/2024 07/01/2024 Anna & Simon Choi ® $1429.00 ❑ 34145 07/01/2024 07/01/2024 Chung Thi Pham ® $2695.00 ❑ 34146 07/01/2024 07/01/2024 Roy Lam ® $1298.00 ❑ 34147 07/01/2024 07/01/2024 Golden Dragon Properties LLC c/o ® $970.00 Copyright © 2011-2024, HAPPY Software, Inc. Check Register Report GN 07/08/2024 Page 5 ❑ 34148 07/01/2024 07/01/2024 Nancy H Shen 19 $766.00 ❑ 34149 07/01/2024 07/01/2024 Richard A DaSylveira to $611.00 ❑ 34150 07/01/2024 07/01/2024 Sara Romo 19 $2447.00 ❑ 34151 07/01/2024 07/01/2024 T & P Property LLC to $925.00 ❑ 34152 07/01/2024 07/01/2024 Singing Wood Senior Housing LP ® $18819.00 ❑ 34153 07/01/2024 07/01/2024 Stara B. Mamdani to $2362.00 ❑ 34154 07/01/2024 07/01/2024 Garvey Senior Affordable Partners, LP ® $3601.00 ❑ 34155 07/01/2024 07/01/2024 Amy Phan Tran to $1146.00 ❑ 34156 07/01/2024 07/01/2024 Ryan Kinpong Woo and Ching King ® $573.00 ❑ 34157 07/01/2024 07/01/2024 Mei Yan Chen to $1205.00 ❑ 34158 07/01/2024 07/01/2024 Shawn Hui Zhen ® $2698.00 Total $801,034.53 Average $1,472.49 Unit Count 539 Average Weighted by Unit Count $1,480.49 Hard to House Count 4 Copyright © 2011-2024, HAPPY Software, Inc. Check Register Report GN 07/08/2024 Page 6 ITEM NO. HA 2 TO: Chair and Members of the Housing Authority FROM: Rose Tam, Director of Finance sn �a�R'E� PREPARED BY: Anthony Ceballos, Accountant '��n �arruw DATE: August 7, 2024 SUBJECT: Treasurer's Report HA — May 2024 SUMMARY Attached is the Treasurer's Report for the month of May 2024. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for May 2024. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Exhibit "A", Treasurer's Report Page I / 1 CITY OF BALDWIN PARK TREASURER'S REPORT 5/31 /2024 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 4.332 % Varies Varies $ 12,466,047.01 $ 12,466,047.01 $ 12,466,047.01 $ 12,466,047.01 ` Housing Authority 4.332 % Varies Varies 426.28 426.28 426.28 426.28 12,466,473.29 12,466,473.29 12,466,473.29 12,466,473.29 Certificate of Deposit Traditions Bancorp Inc. (Cambridge Investment Research) 4.650 % 11/4/2022 11/4/2024 250,000.00 250,000.00 250,000.00 249,087.50 BMO 5.400% 4/26/2024 7/26/2024 10,000,000.00 10,000,000.00 10,000,000.00 10,051,780.82 10,250,000.00 10,250,000.00 10, 250, 000.00 10,300,868.32 US Treasury Securities United States Treas NTS 3.000T07131/24 B/E DTD 07/31/22 1st CPN DTE 01/31/23 CPN PMT Semi Annual (Multi -Bank Securities Inc.) 3.000% 7/13/2023 7/31/2024 United States Trees Bills 0.000 % 08/22/24 B/E DTD 02/22/24 (Piper Sandler & Co.) 0.000 % 2/22/2024 8/2212024 * United States Treas Bills 0.000 % 09/26/24 B/E DTD 03128/24 (Piper Sandler & Co.) 0.000 % 4/3/2024 9/26/2024 US Government Bonds Federal Natl Mtg Assn 5.210 % 02/14/25 B/E DTD 02/16/24 Callable 08/14/24 @ 100.000 (Multi -Bank Securities Inc.) * Federal Nat] Mtg Assn 5.210 % 02/14/25 B/E DTD 02116/24 Callable 08/14/24 @ 100.000 (Piper Sandier & Co.) Federal Home LN BKS CONS BD 5.250 % 12/30/24 B/E DTD 03/28/24 Callable 06/28/24 @ 100.000 (Piper Sandier & Co.) Federal Home LN BKS CONS BD 5.350 % 04/3/25 B/E DTD 04/4/24 Callable 07/3/24 @ 100.000 Moody Rating Aaa (Piper Sandler & Co.) Federal Home LN BKS CONS BD 5.180 % 10/2/25 B/E DTD 04/2/24 Callable 01/2/25 @ 100.000 Moody Rating Aaa S & P (Piper Sandler & Co.) Federal Home LN BKS CONS BD 5.125 % 03/27/26 B/E DTD 03/28/24 Callable 12/27/24 @ 100.000 Moody Rating Aaa S & P (Piper Sandler & Co.) 5.210 % 2/16/2024 2114/2025 5.210 % 2/16/2024 2/14/2025 5.250 % 4/2/2024 12130/2024 5.350 % 4/4/2024 4/312025 5.180 % 4/2/2024 10/212025 5.125 % 4/2/2024 3127/2026 US Bank - Debt Service Trustee Accounts * Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies * Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund Varies Varies Varies 6,500,000.00 6,500,000.00 6,500,000.00 6,474,390.00 3,000,000.00 3,000,000.00 3,000,000.00 2,965,020.00 10,000,000.00 10,000,000.00 10,000,000.00 9,833,100.00 19, 500, 000.00 19, 500, 000.00 19, 500, 000.00 19, 272, 510.00 2,000,000.00 2,000,000.00 2,000,000.00 1,995,420.00 2,000,000.00 2,000,000.00 2,000,000.00 1,995,420.00 5,000,000.00 5,000,000.00 5,000,000.00 4,994,050.00 7,000,000.00 7,000,000.00 7,000,000.00 6,992,720.00 7,000,000.00 7,000,000.00 7,000,000.00 6,991,320.00 7,000,000.00 7,000,000.00 7,000,000.00 6,981,940.00 30,000,000.00 30,000,000.00 30,000,000.00 29,950,870.00 7,247,477.12 7,247,477.12 7,247,477.12 7,247,477.12 869.66 869.66 869.66 869.66 7,248,346.78 7,248,346.78 7,248,346.78 7,248,346.78 $ 79,464,820.07 $ 79,464,820.07 $ 79,464,820.07 $ 79,239,068.39 Total Investments $ 79,464,820.07 Cash with BMO City Checking (General) 574,649.26 City Miscellaneous Cash (W/C, P/R) 394,484.92 CNG Station 249.66 Housing Authority 628,747.07 Money Market Plus 4,592,781.63 Successor Agency 1,020,008.93 Total Cash with BMO 7,210,921.47 Investment Brokerage (Cash & Cash Equivalents) 27,472.09 Total Cash and Investments $ 86,703,213.63 CITY OF BALDWIN PARK TREASURER'S REPORT 5/31/2024 * Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was no investment purchase transactions made for the month of May 2024 and several deposits were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance ITEM NO. HA 3 TO: Chair and Members of the Housing Authority FROM: Rose Tam, Director of Finance sn �a�R'E� PREPARED BY: Anthony Ceballos, Accountant '��n �arruw DATE: August 7, 2024 SUBJECT: Treasurer's Report HA — June 2024 SUMMARY Attached is the Treasurer's Report for the month of June 2024. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that the Board receive and file the Treasurer's Report for June 2024. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Exhibit "A", Treasurer's Report Page I / 1 CITY OF BALDWIN PARK TREASURER'S REPORT 6/30/2024 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 4.480 % Varies Varies $ 12,466,047.01 $ 12,466,047.01 $ 12,466,047.01 $ 12,466,047.01 ` Housing Authority 4.480 % Varies Varies 426.28 426.28 426.28 426.28 12,466,473.29 12,466,473.29 12,466,473.29 12,466,473.29 Certificate of Deposit Traditions Bancorp Inc. (Cambridge Investment Research) 4.650 % 11/4/2022 11/4/2024 250,000.00 250,000.00 250,000.00 249,217.50 BMO 5.400 % 4/26/2024 7/26/2024 10,000,000.00 10,000,000.00 10,000,000.00 10,096,164.38 10,250,000.00 10,250,000.00 10, 250, 000.00 10,345,381.88 US Treasury Securities United States Treas NTS 3.000T07131/24 B/E DTD 07/31/22 1st CPN DTE 01/31/23 CPN PMT Semi Annual (Multi -Bank Securities Inc.) 3.000% 7/13/2023 7/31/2024 United States Trees Bills 0.000 % 08/22/24 B/E DTD 02/22/24 (Piper Sandler & Co.) 0.000 % 2/22/2024 8/2212024 * United States Treas Bills 0.000 % 09/26/24 B/E DTD 03128/24 (Piper Sandler & Co.) 0.000 % 4/3/2024 9/26/2024 US Government Bonds Federal Natl Mtg Assn 5.210 % 02/14/25 B/E DTD 02/16/24 Callable 08/14/24 @ 100.000 (Multi -Bank Securities Inc.) * Federal Nat] Mtg Assn 5.210 % 02/14/25 B/E DTD 02116/24 Callable 08/14/24 @ 100.000 (Piper Sandier & Co.) Federal Home LN BKS CONS BD 5.250 % 12/30/24 B/E DTD 03/28/24 Callable 06/28/24 @ 100.000 (Piper Sandier & Co.) Federal Home LN BKS CONS BD 5.350 % 04/3/25 B/E DTD 04/4/24 Callable 07/3/24 @ 100.000 Moody Rating Aaa (Piper Sandler & Co.) Federal Home LN BKS CONS BD 5.180 % 10/2/25 B/E DTD 04/2/24 Callable 01/2/25 @ 100.000 Moody Rating Aaa S & P (Piper Sandler & Co.) Federal Home LN BKS CONS BD 5.125 % 03/27/26 B/E DTD 03/28/24 Callable 12/27/24 @ 100.000 Moody Rating Aaa S & P (Piper Sandler & Co.) 5.210 % 2/16/2024 2114/2025 5.210 % 2/16/2024 2/14/2025 5.250 % 4/2/2024 12130/2024 5.350 % 4/4/2024 4/312025 5.180 % 4/2/2024 10/212025 5.125 % 4/2/2024 3127/2026 US Bank - Debt Service Trustee Accounts * Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies * Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund Varies Varies Varies 6,500,000.00 6,500,000.00 6,500,000.00 6,487,260.00 3,000,000.00 3,000,000.00 3,000,000.00 2,977,350.00 10,000,000.00 10,000,000.00 10,000,000.00 9,873,700.00 19, 500, 000.00 19, 500, 000.00 19, 500, 000.00 19, 338, 310.00 2,000,000.00 2,000,000.00 2,000,000.00 1,998,080.00 2,000,000.00 2,000,000.00 2,000,000.00 1,998,080.00 5,000,000.00 5,000,000.00 5,000,000.00 4,995,350.00 7,000,000.00 7,000,000.00 7,000,000.00 6,993,770.00 7,000,000.00 7,000,000.00 7,000,000.00 6,992,510.00 7,000,000.00 7,000,000.00 7,000,000.00 6,985,860.00 30,000,000.00 30,000,000.00 30,000,000.00 29,963,650.00 3,917,687.87 3,917,687.87 3,917,687.87 3,917,687.87 873.28 873.28 873.28 873.28 3,918,561.15 3,918,561.15 3,918,561.15 3,918,561.15 $ 76,135,034.44 $ 76,135,034.44 $ 76,135,034.44 $ 76,032,376.32 Total Investments $ 76,135,034.44 Cash with BMO City Checking (General) 614,795.68 City Miscellaneous Cash (W/C, P/R) 272,867.39 CNG Station 249.66 Housing Authority 721,962.65 Money Market Plus 6,603,501.58 Successor Agency 1,073,517.88 Total Cash with BMO 9,286,894.84 Investment Brokerage (Cash & Cash Equivalents) 27,559.94 Total Cash and Investments $ 85,449,489.22 CITY OF BALDWIN PARK TREASURER'S REPORT 6/30/2024 * Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was no investment maturity and no purchase transactions made for the month of June 2024 and no deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance