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02.19.25 Staff Report
Figenda February •0 . Mayor Alejandra Avila Mayor Pro Tem Daniel Damian Councilmember Jean M. Ayala Councilmember Emmanuel J. Estrada Councilmember Manuel Lozano 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. 1 r, The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online Most City Council meetings take Audio streaming will be available at place at City Hall, 14403 E. Pacific https://www.youtube.com/channel/UCFLZO dDFRiy59rhiDZ93Fg1featured?vi'ew as=subscriber Ave., Baldwin Park, CA 91706 httpJlbaldwinark c�ranicus.comllliewPubtisher.?view id=10 '• r .r � r r1. r Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990..Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-4011. The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda. 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 commentsL&baldwinparkca.gov OPEN SESSION/STUDY SESSION RECESS CLOSED SESSION Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: A. Case: Cetina, Huerta, Jimenez, Parra, Real, and Valdivia v. City of Baldwin Park Los Angeles County Superior Court Case No. 22STCV14121 B. Case: Jorge Huerta v. City of Baldwin Park Los Angeles County Superior Court Case No. 22PSCP00250 C. Case: Jorge Huerta v. City of Baldwin Park Los Angeles County Superior Court Case No. 24PSCP00567 D. Case: K8 Investor Holdings, LLC v. City of Baldwin Park, Julia Sylva United States District Court, Central District of California Case No. 2:23-cv-02428-MPW 2. Conference with Legal Counsel — Anticipated Litigation Pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Four (4) ADJOURNMENT C4191114 11aRE Y- W' I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 13' day of February 2025. 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&baldwinparkca.gov. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-401.1. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) Agenda a February • 2025,i'' 11 ' Mayor Alejandra Avila Mayor Pro Tem Daniel Damian Councilmember Jean M. Ayala Councilmember Emmanuel J. Estrada Councilmember Manuel Lozano 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. The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Online .w.. Most City Council meetings take Audio streaming will be available at place at City Hall, 14403 E. Pacific https://www.youtube.com/channeUUCFtZO dDFRJy59rhiDZ13Fg/featured?view as=subscriber Ave., Baldwin Park, CA 91706 http://baldwinpark.granicus.comNiewPublisher.php?view id=10 Reasonable Accommodations Individuals with disabilities may request an agenda packet in appropriate alternative formats as required by the Americans with Disability Act of 1990. Reasonable accommodations and auxiliary aids will be provided to effectively allow participation in the meeting. Please contact the City Clerk's Office at (626) 960-4011. Public Comments The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. In accordance with Chapter 39 of the Baldwin Park. Municipal Code, Speakers must address the Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. Speaker cards are available at the podium and by request with the City Clerk. Public Communication There is a three -minute speaking time limit. This is the time set aside to address the City Council. Please notify the City Clerk if you require the services of an interpreter. No Action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] If you wish to comment on agenda items and are unable to physically appear in person, please email your name, place of residence, item number or topic and a phone number where you will be available between the hours of 7:00 PM during City Council. Meetings to commentsL&baldwinparkca.gov Notice Regarding California Environmental Quality Act (CEQA) Determinations Pursuant to CEQA, a "project" is defined as a "whole action" subject to a public agency's discretionary funding or approval that has the potential to either (1) cause a direct physical change in the environment or (2) cause a reasonably foreseeable indirect physical change in the environment. "Projects" include discretionary activity by a public agency, a private activity that receives any public funding, or activities that involve the public agency's issuance of a discretionary approval and is not statutorily or categorically exempt from CEQA. (Pub. Res. Code § 21065.) To the extent that matters listed in this Agenda are considered "projects" under CEQA, their appropriate CEQA determination will be listed below each recommendation. If no CEQA determination is listed, it has been determined that the action does not constitute a "project" under CEQA. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL REPORT FROM 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 Presentation — City Plaque for years of service to Ron Garcia, Director of Community Development Presentation - Staff Introductions and Oath of Office of Police Officers and Dispatchers: Officer Raymond Garcia Officer Michael Cano Sergeant Chris Rivera Officer Manuel Saenz Officer Brian Munnerlyn Dispatcher Jennifer Scott Sergeant Mario Alcazar 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. Treasurer's Report City (CC) — December 2024 Staff recommends that Council receive and file the Treasurer's Report for December 2024. 3. Meeting Minutes of February 5, 2025 It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting and Regular City Council Meeting held on February 5, 2025. 4. Claim Rejection It is recommended that the City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant: 0 Silbia Baltierra The claimant alleges bodily injury. • Juan Munoz The claimant alleges property damage. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all 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. 5. Approval of Contract Renewal with the LA County Department of Public Health for Health Officer Services and Environmental Health Services on Behalf of the City of Baldwin Park It is recommended that the City Council: 1. Approve the County of Los Angeles Department of Public Health - Public Health Services Contract No. JPH-005594 and authorize the Mayor to sign and execute the contract on behalf of the City. 2. Authorize the CEO to make administrative adjustments as necessary to carry out the decision of the City Council 6. Release of Request for Proposals (RFP) for the preparation of City pre -approved Accessory Dwelling Unit (ADU) Plans as required by California Government Code Section 6852.27. It is recommended that the City Council: 1. Authorize staff to prepare and release a Request for Proposal for an Architect to prepare City owned ADU plans for the development of a City ADU pre -approved plan program in accordance with Government Code 65852.27. 2. Direct Staff to evaluate the proposals and present the recommended proposal to the City Council for consideration. 7. Authorization to Establish a Pre -qualification List for On -Cali Professional Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Home American Rescue Plan (HOME -ARP) and Housing Authority Consultant Services and Approval of Professional Services Agreements (PSAs) with Avant Garde and Lorraine Mendez & Associates It is recommended that the City Council: 1. Approve the two Firms to be used for on -call Administrative Consulting Services for three years up to $50,000 annually for each firm until vacancies are filled; and 2. Approve and authorize the Chief Executive Officer (CEO) or his designee to execute Agreements in substantial form, subject to any non -substantive changes made by the CEO and City Attorney. 3. Authorize the Director of Finance to appropriate funding and make the necessary budget adjustments; and 8. Award Professional Services Agreement with Avant Garde to prepare the City's five-year 2025- 2029 Consolidated Plan, yearly Action Plan, and an Analysis of Impediments to Fair Housing It is recommended that the City Council: 1. Award a Professional Services Agreement with Avant Garde (Consultant) to prepare the City's 2025-2029 Consolidated Plain, yearly Action Plan, and Analysis of Impediments to Fair Housing; and 2. Authorize the Chief Executive officer, or designee, to make non -substantive changes as approved by the City Attorney and execute the attached agreement with Avant Garde to provide consulting services in an amount not to exceed $50,589 (includes 10% contingency). 3. Authorize the Director of Finance to appropriate $50,589 from the CDBG Fund #220 and the HOME Fund #221, in accordance with the allowable administrative CAP from program income. PUBLIC HEARING 9. Conduct Public Hearing and Introduce First Reading of Ordinance 1516 to Consider Approval of Development Agreement No. 24-01 Between the City of Baldwin Park and Alivision, LLC and the adoption of a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) in conjunction with a request for the construction of a new two-sided digital billboard sign (Location 3100 Baldwin Park Blvd.; Applicant: Allvision, LLC; Case Number: DA 24-01). It is recommended that the City Council: 1. Conduct a public hearing and introduce for first reading, by title only, Ordinance 1516, entitled, "AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ALLVISION, LLC FOR THE APPROVAL OF A TWO-SIDED DIGITAL BILLBOARD LOCATED IN THE RAILROAD RIGHT- OF-WAY ADJACENT TO 3100 BALDWIN PARK BLVD, WITH THE SPECIFIC LOCATION SHOWN ON THE PLANS ON FILE WITH THE CITY PLANNER". 2. Find that the Mitigated Negative Declaration and the Initial Study/Mitigated Negative Declaration (ISMND) as well as the associated Mitigation Monitoring and Reporting Plan (MMRP) was prepared in accordance with the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code Regs, tit. 14, §§ 15000 et seq.) and adopt the ISMND and MMRP for this project. 3. Adopt Resolution CC 2025-004 approving DA 24-01: "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL APPROVE A DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION OF A TWO-SIDED DIGITAL BILLBOARD LOCATED IN THE RAILROAD RIGHT-OF-WAY ADJACENT TO 3100 BALDWIN PARK BLVD, WITH THE SPECIFIC LOCATION SHOWN ON THE PLANS ON FILE WITH THE CITY PLANNER. PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED, INDICATING THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT ONCE THE MITIGATION MEASURES HAVE BEEN INCORPORATED (ATTACHMENT 5). IN ACCORDANCE WITH THE CEQA GUIDELINES, A NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION WAS FILED WITH THE COUNTY CLERK, POSTED ON THE CITY WEBSITE, AND WAS AVAILABLE AT CITY HALL FOR REVIEW ON DECEMBER 23, 2024. THE POSTING OF THE NOTICE OF INTENT BEGAN A 20-DAY PUBLIC COMMENT PERIOD COMMENCED FROM THAT DATE AND ENDED ON JANUARY 13, 2025. DURING THE PUBLIC COMMENT PERIOD, ONE COMMENT WAS RECEIVED WHICH IS ATTACHED TO THIS STAFF REPORT (ATTACHMENT 6). THE COMMENT PERTAINS TO THE HEALTH EFFECTS OF LED LIGHT AND THE MEASUREMENT OF LED LIGHT. A RESPONSE TO COMMENTS WAS PREPARED (ATTACHMENT 7) AND THE RESPONSE ADDRESSES THE POINTS MADE BY THE PUBLIC COMMENT. IT WAS DETERMINED THAT NO CHANGES TO THE ENVIRONMENTAL DOCUMENT WAS NECESSARY IN RESPONSE TO THE COMMENT. A NOTICE OF PUBLIC HEARING WAS POSTED AT CITY HALL ON THURSDAY, FEBRUARY 6, 2025. PUBLIC HEARING NOTICES WERE MAILED ON FEBRUARY 5, 2025 TO ALL PROPERTY OWNERS AND OCCUPANTS WITHIN A 300-FOOT RADIUS OF THE SUBJECT SITE AND PUBLISHED IN THE LOCAL PUBLICATION OF RECORD 10. 2025-2029 Consolidated Plan and FY 25/26 Annual Action Plan Housing and Community Development Needs and Priorities Public Hearing It is recommended that the City Council: 1. Conduct a public hearing to consider the city's housing and community development needs for the City's Five -Year Consolidated Plan covering 2025/26-2029/30 and the associated Fiscal Year 2025/26 Annual Action Plan. 2. Following the public hearing, receive and file this report along with any comments made by the Mayor and City Council and residents during the public hearing, for inclusion in the Five - Year Consolidated Plan for 2025/26-2029/30 and Fiscal Year 2025/26 Annual Action Plan. REPORTS OF OFFICERS 11. Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancy for the Planning Commission It is recommended that the City Council review all commission applications for the Planning Commission and make the respective appointment for one vacancy. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION SA 1. Successor Agency to The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. SA 2. Treasurer's Report SA — December 2024 Staff recommends that the Board receive and file the Treasurer's Report for December 2024. FINANCE AUTHORITY CONSENT CALENDAR Treasurer's Report FA — December 2024 Staff recommends that the Board receive and file the Treasurer's Report for December 2024. HOUSING AUTHORITY CONSENT CALENDAR Baldwin Park Housing Authority's Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. 2. Treasurer's Report HA — December 2024 Staff recommends that the Board receive and file the Treasurer's Report for December 2024. 3. Housing Authority of the City of Baldwin Park Project Based Voucher Program Update It is recommended that the Housing Authority Board receive and file this report. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION ADJOURNMENT CERTIFICATION I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 13' day of February 2025. Chr opher 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 sguinones(a),baldwinparkca.gov. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) ITEM NO. 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 JAT4"J DATE: February 19, 2025 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 $598,925.41 and the attached General Warrants Register was $1,046,900.86 for a total amount of $1,645,826.27. 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 202785 to 202807 Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 52663 to 52958 for the period January 19, 2025, through February 1, 2025 inclusive; these are presented and hereby ratified in the amount of $598,925.41. 2.General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $443,708.43 and checks from 249763 to 249975 in the amount of $603,192.43 for the period of January 28, 2025 to February 1.0, 2025, inclusive; in the total amount of $1,046,900.86 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 Payment Number 1095 1095 1095 1095 1096 1096 1096 1096 1096 249763 249763 249763 249763 249764 249764 249765 249765 249766 249767 249767 249767 249767 249767 249767 249767 249768 249769 249770 249770 249771 249771 249772 249772 249773 249774 249775 249776 249776 249777 249777 249778 249779 249780 249781 249782 249782 249783 249783 249784 249785 249786 249786 249787 249787 249788 249788 249789 249790 249791 249792 249792 249792 City of Baldwin Park, CA Check Register By (None) Payment Dates 1/28/2025 - 2/10/2025 Payment Date Vendor Name Description (Item) Account Number Amount 01/31/2025 P.T.E.A. PTEA DUES 100-00-000-21220-00000 S 312.50 01/31/2025 P.T.E.A. CLERICAL DUES 100-00-000-21224-00000 S 125,00 01/31/2025 P.T.E.A. PTEA DUES 100-00-000-21220-00000 S 312.50 01/31/2025 P.T.E.A. CLERICAL DUES 100-00-000-21224-00000 S 125,00 02/07/2025 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 S 100.00 02/07/2025 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 S 6,135.15 02/07/2025 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 S 200.00 02/07/2025 BALDWIN PARK POA POLICE NON -SWORN DUES 100-00-000-21219-00000 S 1,489.66 02/07/2025 BALDWIN PARK POA POLICE NON -SWORN DUES 100-00-000-21219-00000 S 55.55 01/30/2025 AFLAC AFLAC 100-00-000-21216-00000 S 767,20 01/30/2025 AFLAC AFLAC 100-00-000-21216-00000 S 137.45 01/30/2025 AFLAC AFLAC 100-00-000-21216-00000 S 793,98 01/30/2025 AFLAC AFLAC 100-00-000-21216-00000 S 137.45 01/30/2025 AIR EFFICIENCY SERVICES ANDREW DIAZ REPAIRS TO ICE MACHINE-CITYYARD-1/2/2025 100-60-620-53371-00000 S 545,98 01/30/2025 AIR EFFICIENCY SERVICES ANDREW DIAZ REPAIRS TO ICE MACHINE -SENIOR CENTER-1/2/2025 100-60-620-53371-00000 $ 545.98 01/30/2025 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-2122 1 -00000 $ 51.80 01/30/2025 ALLSTATE WORKPLACE DIVISION CANCER INSURANCE 100-00-000-21221-00000 $ 51.81 01/30/2025 ALLTRACK PERFORMING RIGHTS LLC ANNUAL MUSIC LICENSING FEE-1/1-12/31/2025 100-60-610-51101-00000 $ 751,00 01/30/2025 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ (133.33) 01/30/2025 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN' FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 31.12 01/30/2025 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 74.76 01/30/2025 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 1,122.86 01/30/2025 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 2,835.31 01/30/2025 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 989.53 01/30/2025 AMERICAN FIDELITY ASSURANCE COMPANY AMERICAN FIDELITY ASSURANCE COMPANY 100-00-000-21216-00000 $ 2,752.01 01/30/2025 ANTHONY PULIDO PER DIEM -PAS OPERATION&CALIBRATION-2/3/25 100-30-310-53200-00000 $ 8.00 01/30/2025 ANTONIA MACIAS REFUND-SOBOBA CASINO TRIP-1/9/25 DUE TO EMERGENCY 501-60-000-22327-00000 $ 40.00 01/30/2025 APRILPEREZ RENTAL DEPOSIT&SECURITY REFUND-1/10/25-ARC 501-60-000-22328-00000 $ 385.00 01/30/2025 APRILPEREZ RENTAL DEPOSIT&SECURITY REFUND- I /I 0/25-ARC 501-60-000-22333-00000 S 500.00 01/30/2025 AUTOMATION SOLUTIONS, INC. ELECTRICAL REPAIRS -CITY YARD- 10/16&10/18/2024 100-60-620-53371-00000 S 3,138.59 01/30/2025 AUTOMATION SOLUTIONS, INC. ELECTRICAL REPAIRS-METROLINK PARKIN G LOT- 1 /7-1 /10 100-60-62 0-5 3 3 7 1 -00000 S 3,072.00 01/30/2025 AZUSA WHOLESALE PLUMBING SUPPLY, INC PLUMBING SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 S 86.71 01/30/2025 AZUSA WHOLESALE PLUMBING SUPPLY, INC PLUMBING SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 86.71 01/30/2025 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 S 10.00 01/30/2025 BALDWIN PARK MNGMT ASSOC. MANAGEMENT DUES 100-00-000-21218-00000 S 10.00 01/30/2025 BOWMAN INFRASTRUCTURE ENGINEERS LTD JUL 2024-CITY ENGINEERING SERVICES 100-50-510-51100-00000 S 9,946.00 01/30/2025 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 S 864.00 01/30/2025 C.L.E.A. CLEA DISABILITY POLICE SWORN 403-10-000-47130-13404 S 864.00 01/30/2025 CALIFORNIA CONSULTING, INC. GRANT WRITING SERVICES-NOV 2024 100-25-299-51100-17000 S 4,500.00 01/30/2025 CALIFORNIA CONSULTING, INC. GRANT WRITING SERVICES -DEC 2024 100-25-299-51100-17000 S 4,500.00 01/30/2025 CANON FINANCIAL SERVICES, INC LEASE PAYMENTS FOR 2 SHARP COPIERS 401-10-141-58140-11504 S 373.74 01/30/2025 CHARTER COMMUNICATIONS DATA CONNECTION FOR RADIO SYSTEMS 1/11-2/10/2025 100-30-340-53403-00000 S 395.60 01/30/2025 CHARTER COMMUNICATIONS DATA CONNECTION FOR RADIO SYSTEMS I2/I1-1/10/2025 100-30-340-53403-00000 S 396.00 01/30/2025 CHARTER COMMUNICATIONS DATA CONNECTION FOR RADIO SYSTEMS II/11-12/10/2024 100-30-340-53403-00000 S 396.00 01/30/2025 CINTAS FIRST AID & SAFETY FIRST AID&SAFETY-CITY ILALL 403-10-160-51101-00000 S 107.19 01/30/2025 CINTAS FIRST AID & SAFETY FIRST AID&SAFF,TY-CITY HALI. 403-10-160-51101-00000 S 207.21 01/30/2025 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 S 46.00 01/30/2025 CITY EMPLOYEES ASSOCIATES DUES CMEA 100-00-000-21226-00000 S 46.00 01/30/2025 CORRAL CONSTRUCTION & DEVELOPMENT INC. PYMT NO. 1-CONSTRUCTION CONTRACT FOR MORGAN PARK 275-60-706-58100-55027 S 15,636.05 01/30/2025 CWF, INC KITCHEN EQUIP. FOR BREAKFAST W SANTA-12/13-12/16 100-60-610-53391-16150 S 1,087.40 01/30/2025 CYNTHIA LOPEZ ARPA REIM-REGIST-BASIC-I2/9-12/20/2024 275-60-734-53370-16077 S 130.00 01/30/2025 CYNTHIA LOPEZ ARPAREIM-REGIST-BASIC-1/6-1/17/2025 275-60-734-53370-16077 S 130.00 01/30/2025 ERIKACORTEZ ARPA REIM-REGIST-BASIC-I 1/11- 12/20/2024 275-60-734-53370-16077 S 307.00 01/30/2025 ERIKACORTEZ ARPA REIM-REGIST-BASIC-1/6-1/17/2025 275-60-734-53370-16077 S 130.00 01/30/2025 ESMERALDA CENTENO ARPA REIM-REGIST-BASIC-I2/9-12/13/2024 275-60-734-53370-16077 S 13.00 01/30/2025 ESMERALDA CENTENO ARPAREIM-REGIST-BASIC-1/6-1/17/2025 275-60-734-53370-16077 S 130.00 01/30/2025 ESMERALDA LOZANO TORRES RENTAL DEPOSIT REFUND-1/18/2025-SENIOR CENTER 501-60-000-22333-00000 S 150,00 01/30/2025 GLEN JOHN APRAMIAN MD INC EMPLOYMENT PHYSICAL-SWORN-12/5&12/20/2024 100-10-150-51101-1 1122 S 995.00 01/30/2025 GRAINGER, INC. SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 80,80 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 S 46.90 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 46,89 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 S 43.73 Page 1 of 9 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 43.72 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 27,39 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 27.39 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 15,22 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 15.22 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 41,61 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 41.61 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 7,69 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 7.68 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 S 142,77 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 142.78 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 S 17,82 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 17.83 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 S 99,13 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 99.13 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 S 45,61 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 45.62 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 S 71,45 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 71.46 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 S 11,00 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 11.01 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 S 3.02 249792 01/30/2025 HOME DEPOT A423262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 3.01 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 13.77 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 13.77 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 150.19 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 150.18 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 19.23 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 19.23 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 170.22 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 170.21 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 201,18 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 201.18 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 23.82 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 23.82 249792 01/30/2025 HOME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 $ 24.77 249792 01/30/2025 L10ME DEPOT A#23262-SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 S 24.78 249794 01/30/2025 HOME DEPOT A#23247-SUPPLIES FOR TREE DIVISION 240-50-561-53100-00000 S 820.06 249794 01/30/2025 LIOME DEPOT A#23247-SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 S 78.87 249794 01/30/2025 HOME DEPOT A#23247-SUPPLIES FOR TRAFFIC MAINTENANCE 240-50-550-53100-15705 S 8.25 249794 01/30/2025 HOME DEPOT A#23247-SUPPLIES FOR PARK MAINTENANCE 251-50-571-53100-00000 S (12.66) 249794 01/30/2025 HOME DEPOT A#23247-SUPPLIES FOR PARK LANDSCAPE 251-50-571-53100-00000 S 341.83 249794 01/30/2025 HOME DEPOT A#23247-SUPPLIES FOR PARK LANDSCAPE 251-50-571-53100-00000 $ 170.69 249794 01/30/2025 HOME DEPOT A#23247-SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 S 14.30 249794 01/30/2025 LIOME DEPOT A#23247-SUPPLIES FOR TRAFFIC MAINTENANCE 240-50-550-53100-15705 S 73.96 249794 01/30/2025 HOME DEPOT A#23247-SUPPLIES FOR TRAFFIC MAINTENANCE 240-50-550-53100-15705 S 53.96 249794 01/30/2025 LIOME DEPOT A#23247-SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 S 39.41 249794 01/30/2025 HOME DEPOT A#23247-SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 S 106.53 249794 01/30/2025 LIOME DEPOT A#23247-SUPPLIES FOR TRAFFIC MAINTENANCE 240-50-550-53100-15705 $ 24.10 249794 01/30/2025 HOME DEPOT A#23247-SUPPLIES FOR TREE DIVISION 240-50-561-53100-00000 S 42.92 249794 01/30/2025 HOME DEPOT A#23247-SUPPLIES FOR STREET LANDSCAPE 245-50-560-53100-00000 S 191.80 249794 01/30/2025 HOME DEPOT A#23247-SUPPLIES FOR PARK LANDSCAPE 251-50-571-53100-00000 S 10.96 249794 01/30/2025 HOME DEPOT A#23247-SUPPLIES FOR STREET MAINTENANCE 240-50-551-53100-15705 S 147.41 249796 01/30/2025 HONEYWELL INTERNATIONAL, INC. FEB 2025-MAINTENANCE CONTRACT FOR HVAC SYSTEM 100-60-620-53371-16100 S 7,993.25 249797 01/30/2025 HR DYNAMICS & PERFORMANCE MANAGEMENT, INC. HR PROFESS. CONSULTING SRVC-10/14-12/23/2024 100-10-150-51100-00000 S 27,720.00 249797 01/30/2025 HR DYNAMICS & PERFORMANCE MANAGEMENT, INC. STATE MANDATE SBI 186 100-20-000-4023 1 -00000 S (4.00) 249797 01/30/2025 HR DYNAMICS & PERFORMANCE MANAGEMENT, INC. BUSINESS LICENSE FEE 100-20-000-42230-00000 S (60.00) 249797 01/30/2025 HR DYNAMICS & PERFORMANCE MANAGEMENT, INC. ASSESSMENT FEE SB1693 230-20-000-42423-00000 S (37.50) 249797 01/30/2025 HR DYNAMICS & PERFORMANCE MANAGEMENT, INC. GENERAL PLAN TECH FEE 235-40-000-42417-00000 $ (7.00) 249798 01/30/2025 INTERMEX INC BUS TRANSPORTATION FOR GETTYVIL.A-3/6/2025 275-60-726-51101-16074 S 1,800.00 249798 01/30/2025 INTERMEX INC BUS TRANSPORT. FOR AGUA CALIENTE CASINO-3/20/2025 275-60-726-51101-16074 S 1,900.00 249799 01/30/2025 JOANGASCA PER DIEM -ACADEMY INSTRUCTOR CERTL-1/27-1/31/2025 100-30-310-53200-00000 S 40.00 249800 01/30/2025 JOSE ACOSTA PER DIEM -PAS OPERATION-2/3/2025 100-30-310-53200-00000 S 8.00 249801 01/30/2025 JOSE SANTOS ARPA REIM-REGIST-BASIC-12/9-12/20/2024 275-60-734-53370-16077 S 13.00 249801 01/30/2025 JOSESANTOS ARPAREIM-REGIST-BASIC-1/6-1/17/2025 275-60-734-53370-16077 $ 78,00 249802 01/30/2025 KING BOLT COMPANY SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 S 61.23 249803 01/30/2025 LAURA MEfIA ARPA REIM-REGIST-BASIC-12/9-12/13/2024 275-60-734-53370-16077 $ 65,00 249803 01/30/2025 LAURAMEJIA ARPA REIM-REGIST-BASIC-1/13-1/17/2025 275-60-734-53370-16077 S 65.00 249804 01/30/2025 LESLIE'S POOLMART INC SUPPLIES FOR AQUATIC CENTER POOL 252-60-620-53100-00000 $ 207,43 249805 01/30/2025 LEWIS ENGRAVING INC NAME PLATES FOR CITY COUNCIL 100-60-620-53100-00000 S 18.74 Page 2 of 9 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 249806 01/30/2025 LIBERTY DENTAL PLAN DENTAL, HMO - LIBERTY DENTAL, 100-00-000-21211-00000 S 14.74 249806 01/30/2025 LIBERTY DENTAL PLAN RETRO DENTAL HMO - LIBERTY DENTAL 100-00-000-21211-00000 $ 14,74 249806 01/30/2025 LIBERTY DENTAL PLAN DENTAL, HMO - LIBERTY DENTAL 100-00-000-21211-00000 S 200.52 249806 01/30/2025 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 $ 73,72 249807 01/30/2025 LIBERTY DENTAL PLAN DENTAL, HMO - LIBERTY DENTAL, 100-00-000-21211-00000 S 265.31 249807 01/30/2025 LIBERTY DENTAL PLAN DENTAL HMO - LIBERTY DENTAL 100-00-000-21253-00000 $ 73,72 249808 01/30/2025 LOS ANGELES COUNTY PUBLIC WORKS DEC 2024-LEASE MODIFICATIONS-SB RIVER GREENWAY 245-50-520-58100-15093 S 314.22 249809 01/30/2025 MARIA T. GONZALEZ RENTAL DEPOSIT REFUND- I /25/2025-COMM UNITY CENTER 501-60-000-22333-00000 $ 150,00 249810 01/30/2025 MARIANA MORENO ARPA REIM-REGIST-BASIC-I2/9-12/20/2024 275-60-734-53370-16077 S 250.00 249810 01/30/2025 MARIANAMORENO ARPARBIM-REGIST-BASIC-1/6-1/17/2025 275-60-734-53370-16077 S 250,00 249811 01/30/2025 MICHAEL FREDERICK YOUNG APPRAISAL FEES-1 837 PUENTE AVE 234-60-610-58150-56021 S 2,500.00 249812 01/30/2025 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 S 79,00 249812 01/30/2025 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 S 3,415.03 249812 01/30/2025 MUNICIPAL DENTAL POOL RETRO DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 S 9.87 249812 01/30/2025 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-00000 S 502.25 249812 01/30/2025 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 S 3,464,41 249812 01/30/2025 MUNICIPAL DENTAL POOL RETRO DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 S 19.75 249812 01/30/2025 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21253-00000 S 502,25 249812 01/30/2025 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 S 116.52 249812 01/30/2025 MUNICIPAL DENTAL POOL DENTAL PPO - MUNICIPAL SERVICES AUTHORITY 100-00-000-21211-00000 S 116,52 249813 01/30/2025 PRE -PAID LEGAL SERVICES, INC. PRE -PAID LEGAL SERVICES 100-00-000-21230-00000 S 55.80 249813 01/30/2025 PRE -PAID LEGAL SERVICES, INC. PRE -PAID LEGAL SERVICES 100-00-000-21230-00000 S 55,80 249814 01/30/2025 PRO BOXING EQUIPMENT CO BOXING EQUIPMENT FOR BOXING CLUB, CIP22-034 275-60-765-58110-56005 S 22,999.56 249815 01/30/2025 RICOH USA INC LEASE PAYMENTS FOR 8 RICOH COPIERS 2/17-5/16/2025 401-10-141-58140-11502 $ 6,533.88 249816 01/30/2025 SIII INTERNATIONAL CORP 38/EA ADOBE ACROBAT PRO FOR ENTERPRISE 401-10-140-53379-00000 $ 103.73 249816 01/30/2025 SHI INTERNATIONAL CORP 38/EA ADOBE ACROBAT PRO FOR ENTERPRISE 401-10-140-53379-00000 $ 6,644.81 249817 01/30/2025 SOUTHERN CALIFORNIA EDISON ELEC-TRAF SIGNALS-14403 PACIFIC 11/25-12/25/2024 251-50-530-53401-00000 $ 4,986.64 249817 01/30/2025 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-13021 1/2GARVEY 12/20-1/21/25 251-50-530-53401-00000 $ 146.80 249817 01/30/2025 SOUTHERN CALIFORNIA EDISON ELEC-TRAF SIGNALS-1 3307 LOS ANGELES 12/16-1/14/25 251-50-530-53401-00000 $ 113.03 249817 01/30/2025 SOUTHERN CALIFORNIA EDISON ELEC-SERENITY HOMES-13169 GARVEY 12/18-1/16/25 100-60-620-53401-55003 $ 742.40 249817 01/30/2025 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-13543 1/2 LOS ANGELES 12/20-1/21/25 251-50-530-53401-00000 $ 74.27 249817 01/30/2025 SOUTHERN CALIFORNIA EDISON ELEC-ST LIGHT-1 2990 ATHOL 12/20-1/21/25 251-50-530-53401-00000 $ 352.92 249818 01/30/2025 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 32.40 249818 01/30/2025 STANDARD INSURANCE COMPANY VISION -STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 985.08 249818 01/30/2025 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 1,053.48 249818 01/30/2025 STANDARD INSURANCE COMPANY VISION -STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 21.54 249818 01/30/2025 STANDARD INSURANCE COMPANY VISION - STANDARD INSURANCE COMPANY 100-00-000-21258-00000 $ 21.54 249819 01/30/2025 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY FEB 2025-PREMIUM-BASIC LIFE;AD&D;STD;LTD INSURANCE 403-10-160-54130-00000 S 5,946.89 249819 01/30/2025 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS C/100,000 100-00-000-21254-00000 S 99.00 249819 01/30/2025 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-00000 S 493.68 249819 01/30/2025 TLIE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 $ 616.56 249819 01/30/2025 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE, INS C/100,000 100-00-000-21254-00000 S 41.25 249819 01/30/2025 TLIE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 100-00-000-21254-00000 S 24.75 249819 01/30/2025 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY SUPP. LIFE - LINCOLN NATIONAL 100-00-000-21212-00000 S 662.07 249819 01/30/2025 TLIE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS B/50,000 100-00-000-21254-00000 S 626.30 249819 01/30/2025 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE, INS C/100,000 100-00-000-21254-00000 S 41.25 249819 01/30/2025 TLIE LINCOLN NATIONAL LIFE INSURANCE COMPANY LIFE INS D/60,000 100-00-000-21254-00000 S 24.75 249820 01/30/2025 T-MOBILE PHONE-60023-HOUSING 12/21-1/20/25 100-40-450-53403-00000 S 326.89 249820 01/30/2025 T-MOBILE PIIONE-60023-IIOUSING 12/21-1/20/25 100-40-460-53403-00000 S 162.95 249821 01/30/2025 TRIPEPI,SMITH AND ASSOCIATES, INC COMMUNICATION & SOCIAL MEDIA SERVICES OCT.2024 230-10-110-51100-11402 S 1,537.50 249822 01/30/2025 VERIZON WIRELESS PIIONE-870914792-00010-HOUSING 12/22-1/21/25 100-40-405-53403-00000 S 50.99 249822 01/30/2025 VERIZON WIRELESS PHONE-870914792-00010-HOUSING 12/22-1/21/25 220-40-420-53403-14700 S 50.99 249823 01/30/2025 W AXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 S 225.64 249823 01/30/2025 WAXIE SANITARY SUPPLY JANITORIAL SUPPLIES FOR. CITY FACILITIES 252-60-620-53100-00000 S 225.64 249824 01/30/2025 DAISY GOMEZ RENTAL DEPOSIT REFUND- I 1/9/2024-SENIOR CENTER 501-60-000-22333-00000 S 300.00 249825 01/30/2025 MILAGROS P. GOMEZ REIM-ARP SENIOR TRIP -FATHER'S DAY BREAKFAST-6/14 275-60-726-53370-16074 S 8.00 249826 01/30/2025 PAULINE B. 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VILLA-14173 GARVEY 12/15-1/17/25 100-60-620-53402-55003 $ 216,26 249972 02/06/2025 WALTER ALAS ARPA BASIC REIM-GEDDES ELEM.12/9-12/20/24 275-60-734-53370-16077 S 130.00 249972 02/06/2025 WALTER ALAS ARPA BASIC REIM-GEDDES ELEM. 1/6-1/17/25 275-60-734-53370-16077 S 130,00 249973 02/06/2025 YOANNA YAJAIRA VILLELA ARPA BASIC REIM-FOSTER ELEM.11/4-12/6/24 275-60-734-53370-16077 S 247.00 249974 02/06/2025 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS 240-50-530-51100-00000 S 483,77 249974 02/06/2025 YUNEX LLC CITY TRAFFIC SIGNALS AND STREET LIGHTS 240-50-530-51100-00000 S 3,315.26 249975 02/06/2025 YVONNEJUAREZ ARPA BASIC REIM-FORSTER ELEM.1 2/9-12/20/24 275-60-734-53370-16077 S 130,00 249975 02/06/2025 YVONNE JUAREZ ARPA BASIC REIM-FORSTER ELEM.1/6-1/17/25 275-60-734-53370-16077 S 130.00 DFT0010342 01/28/2025 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 S 12,00 DFT0010343 01/28/2025 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 S 144.00 DFT0010344 01/28/2025 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 S 105,00 DFT0010345 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM SELECT HEALTH INSURANCE 100-00-000-21210-00000 S 916.88 DFT0010348 01/28/2025 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 S 214,56 DFT0010349 01/28/2025 PERS-RETIREMENT PERS MISC CITY PAID -PEPRA 100-00-000-21256-00000 S 166.88 DFT0010358 01/30/2025 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 S 180,42 DFT0010359 01/30/2025 PERS-RETIREMENT PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-00000 S 279.60 DFT0010360 01/30/2025 PERS-RETIREMENT PERS ADDITIONAL RETIREE SVC CR 100-00-000-21206-00000 $ 289.47 DFT0010361 01/30/2025 PERS-RETIREMENT PERS REDEPOSIT 100-00-000-21206-00000 $ 21.78 DFT0010362 01/30/2025 PERS-RETIREMENT PERS SWORN- 344 100-00-000-21206-00000 $ 28,588.03 DFT0010363 01/30/2025 PERS-RETIREMENT PERS MISC 350 100-00-000-21206-00000 $ 15,814.00 DFT0010364 01/30/2025 PERS-RETIREMENT PERS SWORN 351 100-00-000-21206-00000 $ 9,671.97 DFT0010365 01/30/2025 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 $ 11,819.12 DFT0010366 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 $ 7,124.92 DFT0010367 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM SELECT HEALTH INSURANCE 100-00-000-21210-00000 $ 2,108.82 DFT0010368 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM TRADITIONAL HEALTH INSIIRANCE 100-00-000-21210-00000 $ 1,598.19 DFT0010369 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 46,320.76 DFT0010370 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 $ 1,428.80 DFT0010371 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 $ 1,107.16 DFT0010372 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' PORAC - POLICE ONLY HEALTH INSURANCE 100-00-000-21210-00000 $ 1,727.00 DFT0010373 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HEALTH INSURANCE 100-00-000-21210-00000 S 759.52 DFT0010374 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' RETRO HEALTH INSURANCE, PREMIUM 100-00-000-21210-00000 S 216.60 DFT0010375 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY FIEALTII INSURANCE 100-00-000-21210-00000 S 939.44 DFT0010376 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE, 100-00-000-21210-00000 S 3,993.46 DFT0010377 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' PERS PLATINUM HEALTH INSURANCE 100-00-000-21210-00000 S 2,906.57 DFT0010386 01/30/2025 PERS-RETIREMENT PERS SWORN CITY PAID - PEPRA 100-00-000-21256-00000 S 28,608.79 DFT0010387 01/30/2025 PERS-RETIREMENT PERS SWORN ERREGPAY 100-00-000-21256-00000 S 29,359.83 DFT0010388 01/30/2025 PERS-RETIREMFNT PT PERS MISC CITY PAID 100-00-000-21256-00000 S 364.37 DFT0010389 01/30/2025 PERS-RETIREMENT PERS MISC CITY PAID 100-00-000-21256-00000 S 23,198.47 DFT0010390 01/30/2025 PERS-RETIREMFNT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 S 18,784.51 DFT0010391 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD FIEALTH INSURANCE 100-00-000-21210-00000 S 414.24 DFT0010392 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 S 15,116.30 DFT0010393 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' PIEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 S 1,071.60 DFT0010394 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTHCARE HEALTH INSURANCE 100-00-000-21210-00000 S 1,233.20 DFT0010395 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 $ 800.00 DFT0010401 01/30/2025 PERS-RETIREMENT ROUNDING DIFFERENCE 100-25-299-53370-00000 S (0.06) DFT0010413 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' KAISER IIEALTII INSURANCE 100-00-000-21210-00000 S (253.04) DFT0010416 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 S (673.48) DFT0010422 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' KAISER IIEALTII INSURANCE 100-00-000-21210-00000 S (126.52) DFT0010425 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 S (336.74) DFT0010440 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 S 7,124.92 DFT0010441 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM SELECT HEALTH INSURANCE 100-00-000-21210-00000 S 2,108.82 DFT0010442 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' ANTHEM TRADITIONAL HEALTFI INSURANCE 100-00-000-21210-00000 S 1,598.19 DFT0010443 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 S 44,989.77 DFT0010444 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTFI INSURANCE 100-00-000-21210-00000 S 1,428.80 DFT0010445 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD TRIO 100-00-000-21210-00000 S 1,107.16 DF'I0010446 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' PORAC - POLICE ONLY HEALTFI INSURANCE 100-00-000-21210-00000 S 1,727.00 DFT0010447 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HEALTH INSURANCE 100-00-000-21210-00000 S 759.52 DFT0010448 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 S 939,44 DFT0010449 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' PERS GOLD HEALTH INSURANCE 100-00-000-21210-00000 S 3,993.46 DFT0010450 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' PERS PLATINUM HEALTH INSURANCE 100-00-000-21210-00000 S 2,906,57 DFT0010464 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' BLUESHIELD HEALTH INSURANCE 100-00-000-21210-00000 S 414.24 DFT0010465 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 16,405,83 DFT0010466 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' HEALTH NET SALUD Y MAS HEALTH INSURANCE 100-00-000-21210-00000 S 1,071.60 Page 8 of 9 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount DFT0010467 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTHCARE HEALTH INSURANCE 100-00-000-21210-00000 $ 1,233.20 DFT0010468 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' UNITED HEALTH CARE HARMONY HEALTH INSURANCE 100-00-000-21210-00000 $ 800,00 DFT0010473 01/29/2025 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 S 2.00 DFT0010474 01/29/2025 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 $ 15,00 DFT0010475 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 $ 2,408.95 DFT0010477 01/29/2025 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 $ 23,84 DFT0010478 01/29/2025 PERS-RETIREMENT PERS SURVIVOR RETIREMENT 100-00-000-21207-00000 S 2.00 DFT0010479 01/29/2025 PERS-RETIREMENT PERS MISC 352 100-00-000-21206-00000 $ 15,00 DFT0010480 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' KAISER HEALTH INSURANCE 100-00-000-21210-00000 S 2,408.95 DFT0010482 01/29/2025 PERS-RETIREMENT PERS MISC CITY PAID - PEPRA 100-00-000-21256-00000 S 23,84 DFT0010484 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' CALPERS HEALTH RETIRED PREMIUM 100-25-299-50223-00000 S 22,436.00 DFT0010485 02/05/2025 CALIFORNIA PUBLIC EMPLOYEES' CALPERS HEALTH ACTIVE & RETIRED ADMIN FEE 100-25-299-50220-00000 S 744,46 DFT0010489 01/29/2025 CALPERS DELINQUENT PAYROLL 100-25-299-50236-00000 S 200.00 DFT0010490 01/30/2025 TRUIST GOVERNMENTAL FINANCE REFUNDING -COMMUNITY CENTER LEASE REVENUES -INTEREST 610-00-000-55742-00000 S 54,386.41 DFT0010542 02/06/2025 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 S 2,715.05 DFT0010543 02/06/2025 STATE DISBURSEMENT SDU - CHILD SUPPORT 100-00-000-21225-00000 S 261,69 DFT0010573 02/04/2025 EMPLOYMENT DEVELOPMENT DEPT Q4 2024 EDD UI REIMBURSEMENT BENEFIT CHARGES 403-10-160-54120-00000 S 44 584.94 Grand Total: $ 1,046,900.86 Page 9 of 9 ITEM NO. 11 TO: Honorable Mayor and Members of the City Council T!lFROM: Rose Tam, Director of Finance sn �a�R'E� PREPARED BY: Anthony Ceballos, Accountant JAT4"J DATE: February 19, 2025 SUBJECT: Treasurer's Report City (CC) — December 2024 SUMMARY Attached is the Treasurer's Report for the month of December 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 Council receive and file the Treasurer's Report for December 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 1 / 1 CITY OF BALDWIN PARK TREASURER'S REPORT 12/31/2024 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 Fund 4.434% Varies Varies $ 32,286,593.51 $ 32,286,693.61 $ 32,286,593.51 $ 32,286,593.51 Housing Authority 4.434% Varies Varies 436.20 436.20 436.20 436.20 32,287, 029.71 32,287,029.71 32,287,029.71 32,287,029.71 U.S Treasury/Agency Securities Federal Farm CR BKS Bond 41.33000% (Cambridge Investment 1 4.330% 11/8/2024 11/5/2026 2,000,000.00 2,000,000.00 2,000,000.00 1,995,440.00 2,000,000,00 2,000,000.00 2,000,000.00 1,995,440.00 US Government Bonds * Federal Home LN MTG Corp Medium Term NTS Fed R 4.000 % 08/14/29 B/E DTD 08/14/24 Callable 02/14/25 Moody Rating Aaa S & P Rating AA+ (Multi -Bank Securities Inc.) Federal Home LN MTG Corp Medium Term NTS FED 5.050 % 07/30/29 B/E DTD 07/31/24 Callable 07/30/25 (Multi - Bank Securities Inc.) Federal Farm CR BKS CONS Systemwide BDS 4.940% 08/13/25 B/E DTD 08/13/24 Callable 02/13/25 @ 100.000 (Piper Sandler & Co.) Federal Home LN BKS CONS BD 5.180 % 1012/25 B/E DTD 0412/24 Callable 01/2/25 @ 100.000 Moody Rating Aaa S & P (Piper Sandler & Co.) Federal Home LN BKS CONS BD 4.550% 04/21/26 B/E DTD 10/30/24 Callable 04/21/25 @ 100.000 Moody Rating Aaa S & P (Piper Sandler & Co.) 4.000% 8/14/2024 8/14/2029 2,000,000.00 2,000,000.00 2,000,000.00 1,943,620.00 5.050% 7/31/2024 7/30/2029 6,500,000.00 6,500,000.00 6,500,000.00 6,469,840.00 4.940% 8/13/2024 8/13/2025 2,000,000.00 2,000,000.00 2,000,000.00 1,997,660.00 5.180% 4/2/2024 10/2/2025 7,000,00.0.00 7,000,000.00 7,000,000.00 7,000,000.00 4.550% 10/31 /2024 4/21 /2026 5 000 000.00 600000000 5 000 000 00 4 998 650 00 22,500,000.00 22,500,000.00 22,500,000.00 22,409,670.00 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 4,008,138.76 4,008,138.76 4,008,138.76 4,008,138.76 Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fu Varies Varies Varies 52,503.09 52,503.09 52,503.09 62,503.09 4,060,641.85 4,060,641.85 # 4,060,641.85 4,060,641.85 $ 60,847,671.56 $ 60,847,671.56 _L 60,847,671.56 $ 60,752,781.56 Total Investments $ 60,847,671.56 Cash with BMO City Checking (General) 2,161,935.82 City Miscellaneous Cash (W/C, P/R) 962,179.33 CNG Station 109.66 Housing Authority 319,483.52 Money Market Plus 4,004,663.09 Successor Agency 97,120.74 Total Cash with BMO 7,545,492.16 Investment Brokerage (Cash & Cash Equivalents) 14,179,406.16 Total Cash and Investments $ 82,572,569.88 CITY OF BALDWIN PARK TREASURER'S REPORT 12131/2024 * Schedule of Cash and Investments includes city-wide assets as included in the Annual Comprehensive Financial Report. There was one investment redeerg&��ase transactiims --i 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: T,01,-7 0 Rose Tail, Director of Finance ITEM NO. FROM: SAID GABRIEL "" b DATE: �n JA+Ww SUBJECT Honorable Mayor and Members of the City Council Shirley Quinones, Chief Deputy City Clerk February 19, 2025 Meeting Minutes of February 5, 2025 SUMMARY The City Council held the following meetings on February 5, 2025; Special City Council Meeting and Regular City Council Meeting. RECOMMENDATION It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting and Regular City Council Meeting held on February 5, 2025. 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 February 5, 2025 Page 1 / 1 Mayor Alejandra Avila Mayor Pro Tem Daniel Damian Councilmember Jean M. Ayala Councilmember Emmanuel J. Estrada Councilmember Manuel Lozano presentedThese minutes are in Agenda order. CALL TO ORDER The meeting was called to order at approximately 5:03 p.m. by Council Member Ayala. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Council Member Jean M Ayala (present) Council Member Emmanuel J Estrada (present) Council Member Manuel Lozano (present) Mayor Pro Tem Daniel Damian (absent) Mayor Alejandra Avila (absent) PUBLIC COMMUNICATIONS Council Member Ayala opened Public Communication at approximately 5:04 p.m. OPEN SESSION/STUDY SESSION — None RECESS CLOSED SESSION Conference with Legal Counsel — Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: A. Case: Suzanne Ruelas v. City of Baldwin Park Los Angeles County Superior Court No Reportable Action B. Case: Anthony Clinton v. City of Baldwin Park Los Angeles County Superior Court No Reportable Action C. Case: John Doe Jr. v. John Doe 1, et al. Los Angeles County Superior Court No Reportable Action Case No. 20STCV17682 Case No. 24PSCV00606 Case No. 22PSCV03108 D. Case: Elizabeth Zarate Uscanga, et al v City of Baldwin Park Los Angeles County Superior Court No Reportable Action E. Case: Jose L. Hernandez v. Baldwin Park Los Angeles County Superior Court No Reportable Action Case No. 23PSCV03476 Case No. 24PSCV00963 02-05-2025 SPECIAL Meeting Minutes Page 1 of 2 F. Case: Carr v. Baldwin Park Los Angeles County Superior Court No Reportable Action G. Case: Macias v. City of Baldwin Park Los Angeles County Superior Court No Reportable Action Case No. 24STCV19252 Case No. 22PSCV01798 H. Case: John Doe R.A. v. Doe 4 (City of Baldwin Park) et al. Case No. 21STCV35392 Los Angeles County Superior Court No Reportable Action I. Case: Damyanti Ashar et a. v. Baldwin Park Los Angeles County Superior Court No Reportable Action J. Case: Rosalba Pizano Castaneda v. Baldwin Park Los Angeles County Superior Court No Reportable Action (Related to 22TRCV01311) Case No. 23PSCV02884 Case No. 24PSCV02534 2. Conference with Legal Counsel — Anticipated Litigation Pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Four (4) - No Reportable Action 3. Conference with Legal Counsel — Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): One (1) - No Reportable Action U 11 ][$1 U naalplaY Mayor Avila adjourned the meeting at approximately 7:10 p.m. APPROVED: February 19, 2024 Christopher Saenz, City Clerk Alejandra Avila, Mayor 02-05-2025 SPECIAL Meeting Minutes Page 2 of 2 11' presentedThese minutes are in Agenda order. CALL TO ORDER The meeting was called to order at approximately 7:04 p.m. by Mayor Avila. INVOCATION The Invocation was given by Pastor Flores and Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Chief Lopez. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Council Member Jean M. Ayala (present) Council Member Emmanuel J. Estrada (present) Council Member Manuel Lozano (present) Mayor Alejandra Avila (present) Alejandra Avila Daniel Damian Jean M. Ayala Emmanuel J. Estrada Manuel Lozano Council Member Estrada motion and seconded by Alejandra Avila to excuse Mayor Pro Tem Daniel Damian for absence. Motion Passed [4-0] AYES: AYALA ESTRADA, LOZANO, AVILA. REPORT FROM CLOSED SESSION City Attorney Tabares announced that the City Council met in closed session on the items listed on the Special Meeting Agenda, Councilmembers Ayala, Estrada and Lozano were present. On Item #1 and Item #2 updates were given by legal counsel and there were no reportable action and Item#3 direction was given and there is no reportable action. ANNOUNCEMENTS PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Mayor Avila and the City Council — Welcome and Introduced the following: • Charles Poovakan, Information Technology Manager • Mia L. Guillen, Housing Specialist • Michael S. Salazar, Community Enhancement Officer • Gabriel Loera, Equipment Mechanic • Wendy JS Hernandez, Program Supervisor Jose Martinez, General Manager of Valley County Water District presented information on emergency preparedness plans and infrastructure. 02-05-2025 Regular Meeting Minutes Page 1 of 4 PUBLIC COMMUNICATIONS Mayor Avila opened Public Communications at approximately 7:42 p.m. 1) Irma Morales 2) Jacob Wolak 3) Catalina Valera 4) Laura Carmona 5) Christina Martinez 6) Pastor Jackson 7) Greg Tuttle 8) John Rios 9) Abel Seeing no one else wishing to speak, public communications was closed. City of Baldwin Park's Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Alejandra Avila, seconded by Jean M Ayala to adopt motion. Passed [4 — 0]. AYES: ESTRADA, DAMIAN, AVILA, AYALA 2. Meeting Minutes of January 15, 2025 Motion to 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 November 20, 2024. MOTION: It was moved by Alejandra Avila, seconded by Jean M Ayala to adopt motion. Passed [4 — 0]. AYES: ESTRADA, DAMIAN, AVILA, AYALA 3. Approval of Use Agreement No. 24-10 with the County of Los Angeles Public Works for the Construction and Maintenance of the San Gabriel River Greening Project and for the Continued Use of County Right -of -Way for Public Recreational Purposes Motion to approve the Use Agreement with the County of Los Angeles for the use of County right-of- way for the construction and maintenance of the San Gabriel River Bikeway and authorize the Mayor to execute the agreement. MOTION: It was moved by Alejandra Avila, seconded by Jean M Ayala to adopt motion. Passed [4 — 0]. AYES: ESTRADA, DAMIAN, AVILA, AYALA 4. Fiscal Year (FY) 2024 Edward Byrne Memorial Justice Assistance Grant (JAG) Program Motion to 1. Review the attached FY 2024 JAG Grant Award Letter/Agreement and project budget documentation 2. Provide any comments or feedback to the grant manager within the 30-day review period 3. Accept the FY 2024 JAG Grant award in the amount of $14,882.00 and authorize the Mayor to execute the "Certifications and Assurances by the Chief Executive of the Applicant Government" form and any grant -related documents. 4. Authorize the Director of Finance to make the necessary appropriation and budget amendments. MOTION: It was moved by Manuel Lozano, seconded by Emmanuel Estrada to adopt motion. Passed [4 — 0]. AYES: ESTRADA, DAMIAN, AVILA, AYALA 02-05-2025 Regular Meeting Minutes Page 2 of 4 5. Authorization to Advertise the Request for Proposal (RFP) for Professional Pyrotechnic Services for Independence Day Spectacular Event Motion to authorize the advertisement of the RFP for professional pyrotechnic services for the Independence Day Spectacular event. MOTION: It was moved by Alejandra Avila, seconded by Jean M Ayala to adopt motion. Passed [4 — 0]. AYES: ESTRADA, DAMIAN, AVILA, AYALA 6. Ratify Allocation of Permanent Local Housing Allocation (PLHA) Funds to Support Operation of Serenity Homes and Esperanza Villa Motion to: 1. Ratify the allocation of PLHA Funds to support operation of Serenity Homes and Esperanza Villa for interim housing for families and adults experiencing homelessness; and 2. Authorize the Director of Recreation & Community Services to process the necessary documents associated with the PLHA Funds; and 3. Authorize the Director of Finance to make appropriations, including upfront payments from the General Fund, to cover operations, while awaiting final approval of the PLHA subrecipient agreements and necessary budget adjustments. MOTION: It was moved by Alejandra Avila, seconded by Jean M Ayala to adopt motion. Passed [4 — 0]. AYES: ESTRADA, DAMIAN, AVILA, AYALA 7. Release of Request For Qualifications (RFQ)- City Attorney Legal Services Motion to: 1. Authorize Staff to release the Request for Qualifications for City Attorney Legal Services, herein attached. 2. Direct Staff to evaluate the proposals and present a short list of qualified proposers to the City Council for its consideration. MOTION: It was moved by Alejandra Avila, seconded by Jean M Ayala to adopt motion. Passed [4 — 0]. AYES: ESTRADA, DAMIAN, AVILA, AYALA PUBLIC HEARING — None REPORTS OF OFFICERS 8. Approval of Conceptual Design for Ana Montenegro Park Motion to: 1. Approve the conceptual for Ana Montenegro Park; and 2. Authorize Director of Recreation & Community Services to proceed with any supplementary documents required for the project. MOTION: It was moved by Jean M Ayala, seconded by Emmanuel Lozano to adopt motion. Passed [4 — 0]. AYES: ESTRADA, DAMIAN, AVILA, AYALA CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION 02-05-2025 Regular Meeting Minutes Page 3 of 4 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Councilmember Estrada sought consensus from the City Council to discuss and direct staff to apply for the National Endowment of the Arts Public Art Grant. Councilmember Lozano sought consensus from the City Council to direct staff to bring back an update on Habitat for Humanity project. Mayor Avila adjourned the meeting at approximately 8:59 p.m. ATTEST: Christopher Saenz, City Clerk APPROVED: February 19, 2024 Alejandra Avila, Mayor 02-05-2025 Regular Meeting Minutes Page 4 of 4 ITEM NO. FROM: SAID GABRIEL "" b DATE: � n JAT4"J� SUBJECT Honorable Mayor and Members of the City Council Karina Rueda, Human Resources Manager February 19, 2025 Claim Rejection SUMMARY This report seeks City Council consideration and direction to reject the Claim for Damages to person or property received for filing against the City of Baldwin Park. RECOMMENDATION It is recommended that the City Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant: • Silbia Baltierra The claimant alleges bodily injury. • Juan Munoz The claimant alleges property damage. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Council Members refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Council Members. FISCAL IMPACT Fiscal impact is unknown at this time. BACKGROUND In order for the statute of limitations to begin on the claim received, it is necessary for the City Council to reject the claim by order of motion and that the claimant is sent written notification of said action. ALTERNATIVES There are no other alternatives for the Council to consider since rejection of the claim is necessary for the Statute of Limitations to begin on the claim received. LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. None Page 1 / 1 ITEM NO. 5 +�►��Wz, TO: Honorable Mayor and Members of the City Council FROM: Enrique C. Zaldivar, Chief Executive Officer siEL DATE: February 19, 2025 J,;,v SUBJECT: Approval of Contract Renewal with the LA County Department of Public Health for Health Officer Services and Environmental Health Services on Behalf of the City of Baldwin Park SUMMARY The Los Angeles County Department of Public Health provides public health services to the City of Baldwin Park. The City has adopted the Los Angeles County Public Health Code, Title 11, Health and Safety, as the City's Health and Safety Ordinance. The enforcement mechanism of the code is carried out by the County Department of Public Health by means of a contract with the City. The County has requested that the City consider renewing the existing contract to continue providing public health services. RECOMMENDATION it is recommended that the City Council: 1. Approve the County of Los Angeles Department of Public Health - Public Health Services Contract No. JPH-005594 and authorize the Mayor to sign and execute the contract on behalf of the City. 2. Authorize the CEO to make administrative adjustments as necessary to carry out the decision of the City Council FISCAL IMPACT There is no financial impact on the city as the County recovers its cost from service fees charged directly to all the facilities requiring a public health permit. Should the City require special services outside of the standard scope, there would be a service charge applied to the City. No special services are being contemplated. BACKGROUND The most recent service agreement between the City and the County for Health Officer Services dates back to July 1, 1963, an agreement that remains in effect to present day by virtue of automatic annual renewals, and will remain in effect until replaced by the subject contract presented herein for approval. The County has updated the original outdated contract and now requires that all cities that contract for public health services enter into an updated contract, which was approved at the October 22, 2024 Board of Supervisors meeting. California Health and Safety Code Sections 101400 and 101405 authorize such an arrangement where the County Health Department and its Health Officer acts in the capacity of the City's Health Officer. Some cities within LA County such as Pasadena, Long Beach, and Vernon have opted for establishing their own public health department. Most recently, the City of West Covina has been in the process of doing the same. Following is a list of services to be provided by the County Health Officer contained in the Contract scope of Page 1 / 2 services. County and County's Health Officer shall observe and enforce within the territorial jurisdiction of the City of Baldwin Park, the following public health services: A. Orders, quarantine, and other regulations, concerning public health, prescribed by the California Department of Public Health. B. Statutes relating to public health C. Provisions of the Los Angeles County Code, Title 11, and any amendments thereto, as adopted by the City by ordinance or resolution, to the same extent as they are enforced in the unincorporated area of the County. The term of the new contract is stipulated to be thru June 30, 2029, and shall be automatically renewed for consecutive five (5) year terms thereafter, unless sooner terminated by either party with at least 180 days written notice prior to July 1 of each calendar year. ALTERNATIVES None being recommended. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Proposed contract between the City and LA County Department of Public Health 2. Contract currently in effect since July 1, 1963. Page 2 / 2 DEPARTMENT OF PUBLIC HEALTH PUBLIC HEALTH SERVICES CONTRACT THIS CONTRACT "Contract" is made and entered into on by and between BE COUNTY OF LOS ANGELES (hereafter "County") CITY OF BALDWIN PARK (hereafter "City") THIS PUBLIC HEALTH SERVICES CONTRACT ("Contract") is made by and between the County of Los Angeles, hereinafter referred to as the "County", and the City of Baldwin Park hereinafter referred to as "City." RECITALS: The City desires to continue to contract with the County for the performance of public health services by the County's Department of Public Health ("Public Health"), for the County's Health Officer to act as the City's Health Officer, and for the County's Department of Public Health to serve as the City's Environmental Health Department. The County agrees to continue performing such services on the terms and conditions set forth in this Contract. This Contract is authorized by California Health and Safety Code Sections 101400 and 1 �1 To effectuate public health services for the City, the County and its duly appointed Health Officer shall exercise the powers and duties that are conferred upon local health officers by law. Page 1 of 10 City of Baldwin Park — PH-005594 The County Health Officer shall fulfill the obligations and exercise the authority conferred by California Health and Safety Code Sections 101470 and 101475 within the territorial jurisdiction of the City in the performance of this Contract. THEREFORE, THE PARTIES MUTUALLY AGREE AS FOLLOWS: 1. TERM: This Contract shall become effective upon date of execution, and replace all prior contracts for public health services between the City and County. This contract shall continue in full force and effect until June 30, 2029. Subject to Section 7 below, this Contract shall thereafter be automatically renewed for consecutive five (5) year terms, for an indefinite period, without further action by either City or County, unless City or County terminates the Contract in the manner set forth in Section 7. 2. PUBLIC HEALTH SERVICES: The County and the County's Health Officer shall observe and enforce within the territorial jurisdiction of the City all of the following: a. Orders, quarantine, and other regulations, concerning public health, prescribed by the California Department of Public Health ("CDPH"). b. Statutes relating to public health. c. Provisions of Los Angeles County Code, Title 11, and any amendments thereto, as adopted by City by ordinance or resolution, to the same extent as they are enforced in the unincorporated area of the County. 3. DESCRIPTION OF PUBLIC HEALTH FUNCTIONS: a. The performance of all public health services, the standard of performance and other matters incidental to the performance of public health services and observation and enforcement of public health statutes, regulations, ordinances and CDPH orders and guidance shall be determined solely at the discretion of the County Health Officer and/or Director of County Page 2 of 10 City of Baldwin Park — PH-005594 Public Health. The control of County personnel under this Contract shall remain exclusively with the County. b. The County agrees to continue to perform for the City such public health services as are authorized or mandated by state laws or regulations related to public health, to be performed by the local health officer or local enforcement agency. i. Pursuant to California Health and Safety Code section 101045, the County shall investigate health and sanitary conditions in detention facilities operated by the City, if any. County may bill and receive payment from City for inspection and reporting services in the manner provided by Paragraph 4, subsections (g) and (h) of this Contract. ii. For future enactments of state law or regulation, County agrees to perform public health services that impose a specific duty or obligation on the local health officer to observe or enforce. Should future state law statutory or regulatory enactment related to public health not impose a duty or obligation on the local health officer, City may request in writing that the County perform that public health service. Should County elect to perform that discretionary public health service for City, pursuant to such City request, then County may bill and receive payment from City for inspection and reporting services in the manner provided by Section 4, subsections (g) and (h) of this Contract. c. The County agrees to continue to perform for the City such public health services as authorized or mandated by provisions of Title 11 of the Los Angeles County Code, and any amendments or additions thereto, that the City has adopted via ordinance or resolution. i. Should the County Board of Supervisors enact future provisions to or amend existing provisions of Title 11 of the Los Angeles County Code, County will inform the City of the newly enacted provision or amendment via email to the City's Manager, and describe the Page 3 of 10 City of Baldwin Park — PH-005594 enacted new provision or amendment and the impact to the services performed under this Contract, if any. ii. For future ordinances that may be enacted by the Board of Supervisors into Title 11 of the Los Angeles County Code, in order for the County to observe and enforce that enacted ordinance within the City, the City must approve the incorporation of the identical version of that new Title 11 provision into its municipal code via ordinance or by resolution of the City Council. iii. Any future amendments to provisions of Title 11 of the Los Angeles County Code that exist in the City's Municipal Code at the date of the execution of this Contract, shall be incorporated by the City into its municipal code. d. The County shall issue public health permits and licenses to permittees located within the City and collect the fees as provided for in Los Angeles County Code, Title 8, Chapter 8.04. Such fees shall be retained by County Public Health for the benefit of County as full compensation for the services performed by the Public Health Director and County Health Officer on behalf of the City. i. County may, from time to time, amend or alter the public health permit or license fees charged to those individuals or entities required to obtain a public health permit or license pursuant to either state statute or Los Angeles County Code, Title 8, Chapter 8.04. ii. City may not set, collect, or retain public health permit or license fees for any public health service performed by County under this Contract. e. For the purpose of performing said functions, County shall furnish and supply all necessary labor, supervision, equipment, and supplies necessary to provide the public health services described in this Contract and as necessary to protect the public health, safety, and welfare as determined by Public Health in its sole discretion. All persons employed in Page 4 of 10 City of Baldwin Park — PH-005594 the performance of public health services and functions under this Contract shall be County personnel. 4. GENERAL TERMS: a. To facilitate the performance of public health services, City and County will cooperate and assist each other to fulfill the purpose and intent of this Contract. b. Exhibit A of this Contract, which is attached hereto and incorporated herein, shall provide the language of the City's Municipal Code, as amended, that reflects the City's specific adoption of Division 1 of Title 11 of the Los Angeles County Code as of the effective date of this Contract. Exhibit A may be revised to reflect any changes to the City's Municipal Code regarding Title 11 of the Los Angeles County Code. c. All persons employed in the performance of such public health duties, functions and services for City shall be County employees or personnel and no City employee shall be supplanted by County, and no person employed by County under this Contract shall have any City pension, civil service, or any status or right. d. The City shall not be called upon to assume any liability for the direct payment of any salary, wages or other compensation to any County personnel performing services hereunder for the City, or be liable for compensation to or required to indemnify any County employee for injury or sickness arising out of his or her employment. e. The parties have executed an Assumption of Liability Contract approved by the Board of Supervisors on December 27, 1977, and/or a Joint Indemnity Contract approved by the Board of Supervisors on October 8, 1991. Whichever of these documents the City has signed later in time is currently in effect and hereby made a part of and incorporated into this Contract by reference. In the event that the Board of Supervisors later approves a revised Joint Indemnity Contract, and the City executes the Page 5 of 10 City of Baldwin Park — PH-005594 revised contract, the subsequent contract as of its effective date shall supersede the contract previously in effect between the parties hereto. f. City is not required to separately reimburse County for the performance or enforcement of any City ordinance or resolution which adopts identical provisions of Los Angeles County Code, Title 11, and its amendments. g. Should City request in writing additional public health services of the County, that are not required by statute, regulation or CDPH Order, or as provided in Title 11 of the Los Angeles County Code, the County may charge the City, at rates approved by the Board of Supervisors, an hourly rate that will reimburse the County for the costs for the provision of those specific public health services. h. County, through its Director of Public Health, must render to City within twenty (20) calendar days after the close of each calendar month an itemized invoice which covers all extra services performed for City if such services were requested by the City in writing, during said month, and City must pay County within thirty (30) days after date of such invoice. i. If a violation of public health statutes, regulations or ordinances results in a public health hazard within the City, County will notify the City Manager in writing. If the City elects to pursue legal prosecution or abatement, City shall provide to County contact information for counsel that will represent the City or the People in any legal proceeding to abate or mitigate the public health hazard. City shall bear the full cost of such proceedings. County may bill City on an hourly basis for time spent by County employees participating in such legal proceedings. 5. NOTICES: Notices hereunder must be in writing and may either be delivered personally or sent by registered or certified mail, return receipt requested, postage prepaid, attention to the parties at the addresses listed below. Public Health Director, or the Director's designee, is authorized to execute all notices or demands which are required or permitted by County under this Contract. Page 6 of 10 City of Baldwin Park — PH-005594 Addresses and parties to be notified may be changed by providing at least ten (10) working days prior written notice to the other party. A. Notices to County must be addressed as follows: (1) Department of Public Health Environmental Health — Administrative Headquarters 5050 Commerce Drive Baldwin Park, California 91706 Attention: Director, Environmental Health E-mail: EHAdmin@ph.lacouply.gov (2) Department of Public Health Contracts and Grants Division 5555 Ferguson Drive, 2nd Floor, Suite 210 Commerce, CA 90022 Attention: Division Director Email contracts -grants @ph.lacounty. ov (3) Department of Public Health Office of the Director Attention: Director, Public Health 313 North Figueroa Street Los Angeles, CA 90012 Email DPHDirector _ h.lacount ,Aov B. Notices to City must be addressed as follows: (1) City of: Baldwin Park Attention: City Manager 14403 East Pacific Avenue Baldwin Park, CA 91706 Email: ezaldivar@baldwin ark ov Phone: (626) 960-4011 6. GOVERNING LAW, JURISDICTION, AND VENUE: This Contract will be governed by, and will be construed in accordance with, the laws of the State of California. City agrees and consents to the exclusive jurisdiction of the courts of the State of California or the United States Courthouse, Central District, Western Division, for all purposes regarding this Contract and further agrees and consents Page 7 of 10 City of Baldwin Park — PH-005594 that venue of any action brought under this Contract shall be exclusively in the County of Los Angeles. 7. TERMINATION FOR CONVENIENCE: The performance of services under this Contract may be terminated, with or without cause, in whole or in part, from time to time when such action is deemed by County or City to be in their own best interest. Termination of services hereunder shall be effectuated by the delivery of an advance written Notice of Termination of the entire Contract by one party to the other at least one hundred and eighty (180) calendar days prior to July 1 of the following calendar year. The termination of services may only be effective on July 1 of the calendar year, so as to assure no lapse in public health and local health officer services to the residents of City. 8. ALTERATION OF TERMS/AMENDMENTS: The body of this Contract and any Exhibits attached hereto, and documents incorporated by reference, fully expresses all understandings of the parties concerning all matters covered and shall constitute the total Contract. No addition to, or alteration of, the terms of this Contract, whether by written or verbal understanding of the parties, their officers, employees or agents, shall be valid and effective unless made in the form of a written amendment to this Contract which is formally approved and executed by the parties in the same manner as this Contract. 9. INDEPENDENT CONTRACTOR STATUS: This Contract is by and between the County and City and is not intended, and shall not be construed, to create the relationship of agent, servant, employee, partnership, joint venture, or association, as between the County and City. The employees and agents of one party shall not be, or be construed to be, the employees or agents of the other party for any purpose whatsoever. Page 8 of 10 City of Baldwin Park — PH-005594 10. NO INTENT TO CREATE A THIRD -PARTY BENEFICIARY CONTRACT: Notwithstanding any other provision of this Contract, the parties do not in any way intend that any person shall acquire any rights as a third -party beneficiary under this Contract. 11. VALIDITY: If any provision of this Contractor the application thereof to any person or circumstance is held invalid, the remainder of this Contract and the application of such provision to other persons or circumstances shall not be affected thereby. 12. WAIVER: No waiver by the County of any breach of any provision of this Contract shall constitute a waiver of any other breach or of such provision. Failure of the County to enforce at any time, or from time to time, any provision of this Contract shall not be construed as a waiver thereof. The rights and remedies set forth in this paragraph shall not be exclusive and are in addition to any other rights and remedies provided by law or under this Contract. Page 9 of 10 City of Baldwin Park — PH-005594 IN WITNESS WHEREOF, the Board of Supervisors of the County of Los Angeles has caused this Contract to be subscribed by its Director of Public Health, and Contractor has caused this Contract to be subscribed in its behalf by its duly authorized officer, the month, day, and year first written above. CITY OF BALDWIN PARK Enrique C. Zaldivar City Manager Date: go Alejandra Avila Mayor Date: APPROVED AS TO FORM BY THE OFFICE OF THE CITY ATTORNEY MARCO A. MARTINEZ, City Attorney in Date: ATTEST: CHRISTOPHER SAENZ, City Clerk in City Clerk Date: (AFFIX CORPORATE SEAL HERE) #07642:db COUNTY OF LOS ANGELES By: Barbara Ferrer, Ph.D., M.P.H., M.Ed. Director Date: APPROVED AS TO FORM BY THE OFFICE OF THE COUNTY COUNSEL DAWYN R. HARRISON County Counsel APPROVED AS TO CONTRACT ADMINISTRATION: Department of Public Health in Contracts and Grants Division Date: Page 10 of 10 City of Baldwin Park — PH-005594 Exhibit A: CITIES - HEALTH OFFICER -ADOPTION OF COUNTY CODE 1 YIIDANT11019.1111 ADOPTION OF GL sTITLE 11 94.01 PUBLIC HEALTH CODE; ADOPTED BY REFERENCE. (A) There is hereby adopted by reference, except as hereinafter provided, the Los Angeles County Code, Title 11, Health and Safety as currently in effect and as amended through Los Angeles County Ordinance No. 97-0071, and portions of Title 8, Consumer Protection as contained in Los Angeles County Ordinance No. 97-0071. These ordinances and codes shall become the Health and Safety Ordinance of the City of Baldwin Park protecting and preserving the public health, safety and welfare by the enactment, inspection and enforcement of the health regulations therein contained and providing penalties for the violations of the Health Code. (B) At least one copy of the Health Code shall be kept on file in the office of the City Clerk or Code Enforcement Supervisor and shall be maintained by the City Clerk or Code Enforcement Supervisor for use and examination by the public. (C) In the event of any conflict or ambiguity between the provisions contained in the Health Code and any amendments thereto or additions thereto contained in this chapter, the amendments or additions thereto shall control. (D) In the event of any conflict or ambiguity between any provision contained in the Health Code and any other provision of the Baldwin Park Municipal Code, the provisions of the Baldwin Park Municipal Code shall have control. (Ord. 845, passed - -82; Am. Ord. 1171, passed 1-17-01) CITY MUNICIPAL CODE EXCLUSIONII LIC HEALTH SERVICES None AGREEMENTHEALTH SERVICES .. THIS AGREEMENT, made and entered into this 91111 day of July 19 -, , by and between the COUNTY CE LOS ANGELES., State of California, hereinafter called the "County," and the CITY QE AL.� VVI N PARK , Los Angeles County, California, a municipal corporation, hereinafter called the "City," WIT SSETH g WHEREAS,THAT of thM Health and Safety Code of the State of California authorize the Board of Supervisors of the County to contract with the City for the performance by the Health Officer and other employees of the County of any or all functions relating to the enforcement in the City of all ordinances thereof relating, to public health and sanitation, and the making of all inspection.s and the performance of all functions in connection therewith at coat NOW, THEREFORE, in consideration of the mutual covenants and agreements herein contained, it is hereby agreed as follows: health services as authorized by Sections 480 and 482 of the Health and Safety Code of the State of Cal fbrn'i and as may be required by the City as provided by ordinances now in effect or hereafter adopted. Co;e =prof'- all ordinances now in effect, or hereafter adopted, and all amendments thereto, shall be promptly supplied the County of Los Angeles. It is understood that the City, upon proper resolution by the City Council, shall make request in writing to the County Health Officer for perform- ance of services required under ordinances now in effect or later to be enacted. SECOND: The City agrees to pay the cost as defined in Paragraph Ninth hereof, for the enforcement of said ordinance or ordinances, or in its election, the provisions in Paragraph Fifteenth. Costs of services rendered under Paragraph Fifth shall be paid pursuant to Paragraph Ninth. Services performed under Paragraph Sixteenth shall be paid for in the manner of election as provided for therein. THIRD: It is expressly and mutually agreed that the City shall compensate the County for court time in the enforcement of local ordinances on the basis of the cost of performing said work as defined in Paragraph Ninth hereof, reduced by the amount recovered by witness fees. FOURTH: No services to be compensated for pursuant to Paragraphs Third and Ninth hereof shall be performed unless said City shall have available funds previously appropriated to cover the costs hereof. FIFTH: In the event the City desires to have rodent control and extermination measures undertaken by the County, so compensate the County for the cost of providing said service, as defined in Paragraph Ninth hereof. Further, it is expressly understood that the City shall notify the County Health Officer of its intent to avail itself of rodent control or extermination➢ that the City shall set aside a sum sufficient to cover the cost of rodent control or extermination; that the County Health Officer shall be notified of the amount set aside for the control and suppression of rodents; and that the County shall not exceed the amount set up by the City unless expressly authorized in writing to do so by the City. SIXTH. The County agrees to submit to the City during the life of this agreement periodic statements in duplicate for services rendered during the period covered, and the City agrees to pay the cost thereof within thirty (30) days after receipt of such billing. If the City desires monthly billing it shall notify the County in writing, otherwise billing periods shall be fixed by the County. SEVENTH: It is expressly agreed between the parties hereto that nothing herein contained shall be construed to bind the City to designate or demand of the County, or the County to furnish any particular number of inspections or visits. EIGHTH: Performance hereunder shall commence on July 1 , 19 r , and this contract shall remain in full force and effect to July 1, 19 '_,_ , and unless then terminated shall be renewed without further action M of the contracting parties from year to year. Either party hereto shall have the right to terminate this agreement by giving thirty(30) days written notice of such intention to so do to the other party. NINTH: The City agrees to pay the County the cost of performing all services covered by this agreement, except as otherwise provided in Paragraph Fifteenth hereof. Costs shall include salaries of employees engaged in performing said services, a pro -rate of vacation and sick leave, supervision of such employees while so employed, the County Retirement Contribution and Workmen's Compensation Insurance Premiums on salaries, traveling expenses, supplies, plus a pro -rate of all indirect expenses. If the cost of providing the services changes, the City shall be notified of each such change in writing. TENTH: For the purpose of performing said functions, County shall furnish and supply all necessary labor, supervision, equipment, communication facilities, and supplies necessary to maintain the level of service to be rendered hereunder. ELEVENTH: Notwithstanding anything hereinbefore contained, it is agreed that in all instances where special supplies, stationery, notices, forms, and the like must be issued in the name of said City, the same shall be supplied. -4- by said City at its own cost and expense. TWELFTH: All persons employed in the performance of such services and functions for said City shall be County employees, and no City employee as such shall be taken over by said County, and no person employed hereunder shall have any City pension, civil service, or any status or right. For the purpose of performing such services and functions, and for the purpose of giving official status to the performance thereof, every County officer and employee engaged in performing any such service and function shall be deemed to be an officer or employee of said City while performing service for said City, which service is within the scope of this agreement and is a municipal function. THIRTEENTH: City shall not be called upon to assume any liability for the direct payment of any salaries, wages, or other compensation to any County personnel performing services hereunder for said City, or any liability other than that provided for in this agreement. Except as herein otherwise specified, the City shall not be liable for compensation or indemnity to any County employee for injury or sickness arising out of his employment. FOURTEENTH: County, its officers and employees, shall not be deemed to assume any liability for intentional or negligent acts of said City or of any officer or employee thereof. FIFTEENTH: In the event City by ordinance adopts the provisions of the Public Health Code of County (Ordinance No. 7583), the Health Officer shall perform the services necessary to enforce said ordinance provisions in the City to the same extent as the County Ordinance is enforced in unincorporated territory, and shall issue the permits and collect the fees provided for in Section 750 of said Public Health Code. Said fees shall be retained by the Health Officer for the benefit of County as full compensation for the services performed by the Health Officer in the enforcement of said ordinance provisions, except that any court time spent in the enforcement thereof shall be compensated for in accordance with Paragraph Third hereof. In the event and whenever County Ordinance No. 7583 is amended to change the amount or amounts of any of the said permit fees, City shall at once amend its ordinance to provide permit fees in the exact amount as those designated in the County Ordinance as amended. In the event that the City elects to set, collect and retain its own permit fees, it shall so notify the County Health Officer, and shall thereafter pay the cost of the service under this paragraph pursuant to paragraph Ninth. SIXTEENTH: The County agrees to enforce the provisions of Division 13, Part 2 of the Health and Safety Code of the State of California, relating to the sanitation, maintenance, use and occupancy of mobile homes and mobile -6- 2_ .;' w: home parrs and as may be requested pursuant to such sections by the City. It is understood that any such requests shall be in writing, directed to the County Health Officer and specifically designate the services to be required pursuant to any or all of the above sections of the Health and Safety Code. Such notification to the County Health Officer from the City shall indicate the election of the City that the City agrees either to pay the cost as defined in Paragraph Ninth hereof" for the enforcement of said provisions of Division 13, Part of the Health and ,Safety Code or that the City desires the County Health Officer to collect and retain the annual operating permit fees as prescribed in Division 13, Past as full compensation for services performed by the County Health Officer. INWITNESS WHEREOF, the parties hereto have executed this agreement the day and year first above written. CITY OF BA1.MV I N PAR ATTEST: CR P Rt c AAA COUNTY OF LOS ANGEL S ATTEST: GORDON T. NESVIG (SFAL) BY WARREN M. DORN C airman, hoard of Supery -or s Clerk of theBoard of Supervisors pepu r y`,W APPROVED AS TO FORT HAROL W. KENNEDY, County Counsel. BY ITEM NO. 6 TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Director of Community Development sa�iEL�� PREPARED BY: Nick Baldwin, City Planner JAT4"J DATE: February 19, 2025 SUBJECT: Release of Request for Proposals (REP) for the preparation of City pre -approved Accessory Dwelling Unit (ADU) Plans as required by California Government Code Section 6852.27. SUMMARY The purpose of this staff report is to seek authorization from the City Council for the Community Development Department to release a Request for Proposals (RFP) for the preparation of City pre -approved Accessory Dwelling Unit (ADU) plans. AB 1332 requires cities to develop a program for the pre -approval of construction -level drawings for Accessory Dwelling Units (ADUs). The City -owned set of ADU plans will be one of the pre - approved plans made available to the public free of charge through this program. Compliance with State law is a central goal of this request. RECOMMENDATION It is recommended that the City Council: 1. Authorize staff to prepare and release a Request for Proposal for an Architect to prepare City owned ADU plans for the development of a City ADU pre -approved plan program in accordance with Government Code 65852.27. 2. Direct Staff to evaluate the proposals and present the recommended proposal to the City Council for consideration. FISCAL IMPACT There would be no fiscal impact on the City's General Fund. There is an estimated $10,000 cost for the preparation of ADU plans by a licensed architect. Preparation of the plans would be paid from Fund No. 235 General Plan Fee. Staff would create the pre -approved ADU program in-house, so no additional costs would be incurred BACKGROUND In early 2023, the San Gabriel Valley Council of Governments (SGVCOG) engaged in an effort to establish a program for member cities to adopt that offered pre -approved ADU plans to potential builders. The intent behind this program was to incentivize housing production, with the assumption that the pre -approved plans would be processed faster. There was no obligation for cities to participate and most member cities did not. Some of the top reasons provided by cities for not participating were that the designs available were not compatible with their communities and that the plans were not free or discounted for potential builders. As a result, this program largely did not come to fruition. On October 11, 2023, the Governor signed into law AB 1332, which requires local jurisdictions to create a program that would allow ADU plans to be submitted by architects to the City of Baldwin Park (City) for pre - Page I / 2 approval. This would create an expedited process for property owners who are prospective ADU builders/applicants that are willing to select plans that are pre -approved by the City. There is no requirement by AB 1332 to require that the plans be provided to prospective ADU builders/applicants for free or at a reduced rate. Unlike SGVCOG's previous effort, the City is now required to create a program to accept pre -approved plans. Through the creation of a program, the City will prepare an organized process that includes submission criteria to ensure that plans submitted meet quality and completeness standards. Community Development Staff intend on preparing a Request for Proposal for an architect to prepare a set of pre - approved ADU plans that will be owned by the City and offered to potential builders/applicants free of charge. There will be a limitation for use of the City -owned plans in that they can be used only within the City. Therefore, prospective builders/applicants that select the City -owned plans would have a project that is both cheaper and faster to build when compared to the conventional process. ALTERNATIVES The City Council can deny the request from Community Development to seek the development of City -owned plans, but proceed with the establishment of an ADU pre -approved plans program in compliance with Government Code 65852.27. This would result in a program in which the City will process and accept ADU plans from architects for pre -approval, but there will be no options that will be available for use free of charge. LEGAL REVIEW This report has been reviewed by the City Attorney as to legal form and content. ATTACHMENTS 1. None Page 2 / 2 ITEM NO. 7 TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Director of Community Development sa�'EL PREPARED BY: Ryan Mulligan, Housing Manager v, to M JAT4"J DATE: February 19, 2025 SUBJECT: Authorization to Establish a Pre -qualification List for On -Call Professional Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Home American Rescue Plan (HOME -ARP) and Housing Authority Consultant Services and Approval of Professional Services Agreements (PSAs) with Avant Garde and Lorraine Mendez & Associates ►Aue; A This report requests the City Council to establish a pre -qualification list of consultants for professional on -call Administrative Services. The services include, but are not limited to administrative services for, Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Home American Rescue Plan (HOME -ARP) and Housing Authority rental assistance programs. The item will allow staff to prepare Professional Services Agreements (PSAs) with Avant Garde and Lorraine Mendez & Associates. These firms were selected as a result of a Request for Proposal (RFP) evaluation process. The establishment of a general on - call consultants will eliminate the traditionally lengthy RFP process for selecting consultants due to staff turnover and allow us the ability to meet the demands of the Housing and Urban Development (HUD) and timely meet deliverable deadlines RECOMMENDATION It is recommended that the City Council: 1. Approve the two firms to be used for on -call Administrative Consulting Services for three years up to $50,000 annually for each firm until vacancies are filled; and 2. Approve and authorize the Chief Executive Officer (CEO) or his designee to execute Agreements in substantial form, subject to any non -substantive changes made by the CEO and City Attorney. 3. Authorize the Director of Finance to appropriate funding and make the necessary budget adjustments. FISCAL IMPACT There is no impact on the General Fund. All funds used are a combination of CDBG Fund #220, HOME Fund #221 from the program income; and Housing Choice Voucher Fund #901 from salary savings. Even though two firms will be selected to provide as needed services, the total amount paid for services will not exceed $50,000 annually for the duration of the three-year service agreement. Until vacancies are filled. If approved the Department will prepare a minor amendment to allocate allowable admin CAP from available program income and salary savings. Page 1 / 2 BACKGROUND/DISCUSSION The City is currently undertaking a plethora of projects, many require technical assistance or expertise. Existing staff are working diligently on day-to-day operations along with any unaccounted projects that arise. Many of the activities require specialized professional housing disciplines and services to ensure timely and successful project deliveries. In order to continue maximizing housing efforts the City needs consultants to provide specialized services which are beyond the scope, expertise and capabilities of staff. Current staffing levels limit the scope of work and responsibilities that can be delivered in a timely manner; therefore, these added services are crucial to meeting the current project demand. All work assigned to a consultant will still require a separate written Task Order and depending upon the overall cost, approval would be by the Community Development Director, Housing Manager and Chief Executive Officer. On January 8, 2025, staff issued Request for Proposals (RFP) for Professional Administrative Services for, Community Development Block Grant (CDBG), HOME Investment Partnerships Program (HOME), Home American Rescue Plan (HOME -ARP) and Housing Authority rental assistance programs. On January 28, 2025, two (2) proposals were received from Avant Garde and Lorraine Mendez & Associates. Shortly thereafter, staff from the Community Development and Housing Division carefully reviewed the proposals received and concluded that the proposal from Avant Garde and Lorraine Mendez & Associates was equally responsive. More specifically, for the last several years, the City has contracted with Avant Garde and Lorraine Mendez & Associates to assist in HUD funded programs and to ensure compliance with Federal regulations and guidelines. A panel comprised of three (3) staff members independently reviewed each proposal and then collaborated to determine the most qualified consultants using the following evaluation criteria: • Understanding of Project Requirements • Proposed Scope of Work • Experience of Firm and Personnel • Past Performance • Costs As a result, a total of two consultants were selected. The selected firms have a diverse range of expertise providing the City with the flexibility to select the most appropriate proposal (price, timeframe, areas of expertise) from one of the firms depending on the type of administrative service needed. Staff is recommending that the City Council authorize the establishment of a pre -qualification list with the selected firms, to provide on -call Administrative Services for the Housing Division. It is further recommended that the City Council approve PSAs for each of the consultants comprised of a three (3) year contract term with the option to extend up to two one-year extensions upon mutual consent. ALTERNATIVES 1. Reject proposals and direct staff to send out another RFP. This action is not recommended as the current RFP is recent and extensive. A second RFP will exhaust time and resources and may not necessarily achieve significantly different results. 2. Provide alternative direction to staff. LEGAL REVIEW No Legal Review is necessary at this time ATTACHMENTS 1. Proposal Submittals (available upon request from the City Clerk's office) Page 2 / 2 ITEM NO. 8 TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Director of Community Development sa�'EL PREPARED BY: Ryan Mulligan, Housing Manager v, to M JAT4"J DATE: February 19, 2025 SUBJECT: Award Professional Services Agreement with Avant Garde to prepare the City's five-year 2025-2029 Consolidated Plan, yearly Action Plan, and an Analysis of Impediments to Fair Housing SUMMARY This report requests the City Council authorize the City Manager, or designee, to execute a Professional Services Agreement (PSA) with Avant Garde in an amount not -to -exceed $50,589 for the preparation of the City's 2025- 2029 Consolidated Plain, yearly Action Plan, and Analysis of Impediments to Fair Housing to meet the regulatory requirements of the U.S. Department of housing and Urban Development. This firm was selected as a result of a Request for Proposal (RFP) evaluation process RECOMMENDATION It is recommended that the City Council: 1. Award a Professional Services Agreement with Avant Garde (Consultant) to prepare the City's 2025- 2029 Consolidated Plain, yearly Action Plan, and Analysis of Impediments to Fair Housing; and 2. Authorize the Chief Executive officer, or designee, to make non -substantive changes as approved by the City Attorney and execute the attached agreement with Avant Garde to provide consulting services in an amount not to exceed $50,589 (includes 1.0% contingency). 3. Authorize the Director of Finance to appropriate $50,589 from the CDBG Fund #220 and the HOME Fund #221, in accordance with the allowable administrative CAP from program income. FISCAL IMPACT There is no impact on the General Fund. If approved the Department will prepare a minor amendment to allocate allowable admin CAP from available program income from CDBG and Home funds to cover the services up to $50,50,589. BACKGROUND On January 8, 2025, staff issued Request for Proposals (RFP) BP 2025-01 for Professional Services for HUD Five -Year Consolidated Plan, First -Year Annual Plan, and Analysis of impediments to Fair Housing Choice. On January 28, 2025, two (2) proposals were received from Avant Garde and Harris & Associates. Shortly thereafter, staff from the Community Development and Housing Division carefully reviewed the proposals received and concluded that the proposal from Avant Garde most suited for the need of the division. Page 1 / 2 Consultant ; L. ation 7Proposed Cost Avant Garde Diamond Bar $45,990 Harris & Associates Irvine $128,000 A panel comprised of three (3) staff members independently reviewed each proposal and then collaborated to determine the most qualified consultants using the following evaluation criteria: • Scope of the Proposal • Firm Capability • Consultant Availability • Cost and Hours As a result, Avant Garde was selected. The selected firm has the requisite expertise to complete the Consolidated Plan and Analysis of Impediments. Staff is recommending that the City Council approve the firm selected to allow the Housing Division to complete the Consolidated Plan and Analysis of Impediments. ALTERNATIVES 1. The City Council may choose not to award the contract to Avant Garde and direct staff to re -issue the RFP. This action is not recommended; in which case, the city would not meet the May 15,2025 HUD submission regulatory requirement. 2. Provide staff with alternate direction. LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Professional Services Agreement with Avant Garde Page 2 / 2 • 1111 '11,111 :1 :101 114*1, Is] 0 F-3 W1 -1 ZMA Log WSWC11:4 211 FXI Nt I: Mil 1 FBI FIT -A t 4 This Agreement is made and entered into this 1 gth day of February 2025, by and between the City of Baldwin Park, a California municipal corporation ("City") and Avant Garde, a California Consulting Firms, with its principal place of business at 807 S Lemon Ave, Diamond Bar, CA 91789 ("Consultant"). City and Consultant are sometimes individually referred to herein as "Party" and collectively as "Parties." 2. RECITALS. 2.1 Consultant. Consultant desires to perform and assume responsibility for the provision of certain professional services required by the City on the terms and conditions set forth in this Agreement. Consultant represents that it is experienced in providing professional services for HUD 5-Year Consolidated Plan, First -Year Annual Plan, and Analysis of Impediments to Fair Housing Choice, services to public clients, is licensed in the State of California, and is familiar with the plans of City. MORMON 3.1 Scope of Services and TerrI3 3. 1.1 General Scope of Services. Consultant promises and agrees to furnish the City all I labor, materials, tools, equipment, services, and incidental and customary wo necessary to fully and adequately supply the professional HUD 5-Year Consolidated Plan, Fir Year Annual Plan, and Analysis of Impediments to Fair Housing Choice, consulting servic necessary for the Project ("Services"). The Services are more particularly described in Exhi "A" attached hereto and incorporated herein by reference. All Services shall be subject to , a performed in accordance with, this Agreement, the exhibits attached hereto and incorporat herein by reference, and all applicable local, state and federal laws, rules and regulations. 3.1.2 Term. The term of this Agreement shall be from February 19, 2025 to February 18, 2026, unless earlier terminated as provided herein. Consultant shall complete the Services within the term of this Agreement, and shall meet any other established schedules and deadlines. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Services. BB&K (2020) PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 uunn��� 3.2.1 Compensation. Consultant shall receive compensation in udi c' authorized reimbursements, for all Services rendered under this Agreement at the raies selt fo in Exhibit "C" attached hereto and incorporated herein by reference. The total compensation sh not exceed fifty thousand, five hundred and eighty nine dollars ($50,589) which includes ;I as applicable. Extra Work may be authorized, as described below, and if authorized, will compensated at the rates and manner set forth in this Agreement. I 3.2.2 Fayment of Compensation. Consultant shall submit to City a month invoice which indicates work completed and hours of Services rendered by Consultant. T invoice shall describe the amount of Services provided since the initial commencement date, since the start of the subsequent billing periods, as appropriate, through the at of the invoic r City shall, within 30 days of receiving such invoice, review the invoice and it all non-disput and approved charges. If the City disputes any of Consultant's fees, the City shall give writt notice to Consultant wn thirty (30) days of receipt of an invoice of any disputed fees set for therein. Payment shall not constitute acceptance of any Services completed by Consultant. T making of final payment shall not constitute a waiver of any claims by the City for any reas whatsoever. 3.2.3 Reimbursement for Expenses. Consultant shall not be reimbursed for arZ expenses unless authorized in writing by City, or included in Exhibit "C" of this Agreement. I 3.2.4 Extra Work. At any time during the term of this Agreement, City m request that Consultant perform Extra Work. As used herein, "Extra Work" means any work whi is determined by City to be necessary for the proper completion of the Project, but which t Parties did not reasonably anticipate would be necessary at the execution of this Agreeme Consultant shall not perform, nor be compensated for, Extra Work without written authorizati from the City. I r-TENTM-TUMM 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. BB&K (2020) -2- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 3.3.2 Schedule of Services. Consultant shall perform the Services in a promm and timely manner and in accordance with the Schedule of Services set forth in Exhibit " attached hereto and incorporated herein by reference. Consultant represents that it has t professional and technical personnel required to perform the Services expeditiously. Up request of City, Consultant shall provide a more detailed schedule of anticipated performance meet the Schedule of Services. I Conformance to Applicable Reguirements. All work prepared Consultant shall be subject to the approval of City. Key Staff Title Ana Marie LeNoue Program Director Lissette Montoya Program Director Eric Chatham Program Director Spencer Chistian Program Director Grace Orr Program Director Maggie Blake Program Director Richard Caplan Program Director Melissa Aguilar Program Manager Liza Lopez Program Manager Julianna Carrera Program Manager Cindy Hernandez Program Manager 3.3.5 City's Representative. The City hereby designates Ron Garcia, Director of Community Development, or his 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 ,vF#4uct3-&8'#1YAte4 *Y t.,te�*,tO *., 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 Ana Mar r LeNoue, or her designee, to act as its representative for the performance of this Agreeme ("Consultant's Representative"). Consultant's Representative shall have full authority to represe and act on behalf of the Consultant for all purposes under this Agreement. The Consultan Representative shall supervise and direct the Services, using his/her best skill and attention, a shall be responsible for all means, methods, techniques, sequences, and procedures and for t satisfactory coordination of all portions of the Services under this Agreement. BB&K (2020) -3- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 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 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 with the standard of care provided for herein. Any employee of the Consultant or its subconsultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall any of the Services or to work on the Project. 3.3.9 Feriod of Performance. 119.1 Consultant shall perform and complete all Services under th Agreement within the term set forth in Section 3.1.2 above ("Performance Time"). Consultant sh described in Exhibits "A" or "B" attached hereto, or which may be separately agreed upon in writi by the City and Consultant ("Performance Milestones"). Consultant agrees that if the Servic are not completed within the aforementioned Performance Time and/or pursuant to any u Performance Milestones developed pursuant to provisions of this Agreement, it is unders o acknowledged and agreed that the City will suffer damage. )I 3.3.9.2 Neither City nor Consultant shall be considered in default of this the non -performing Party. For purposes of this Agreement, such circumstances include a Force Majeure Event. A Force Majeure Event shall mean an event that materially affects a Party's performance and is one or more of the following: (1) Acts of God or other natural disasters; (2) limitation, 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 at the site and the effects thereof on the services, only to the 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 of replacement workers; and (5) pandemics, epidemics or quarantine restrictions. For purposes of this section, "orders of governmental authorities," includes ordinances, emergency proclamations and orders, rules to protect the public health, welfare and safety, and other actions of a public agency applicable to the services and Agreement. oe&K(2O20) -4- PROFESSIONAL SERVICES AGREEMENT 3.3.9.3 Should a Force Majeure Event occur, the non -performing Party le tiue of being *revente rjW ;& 4,02111 r a I to resume performance of this Agreement. Force Majeure Events and/or delays, regardless of the Party responsible for the delay, shall not entitle Consultant to any additional compensation. Notwithstanding the foregoing in this section, the City may still terminate this Agreement in accordance with the termination provisions of this Agreement. 3.3.10.1 Compliance with Laws. Consultant shall keep itself ful informed of and in compliance with all local, state and federal laws, rules and regulatii ons in a manner affecting the performance of the Project or the Services, including all Cal/CISH requirements, and shall give all notices required by law. Consultant shall be liable for all violatio of such laws and regulations in connection with the Services and this Agreement. All violatio of such laws and regulations shall be grounds for the City to terminate the Agreement for caus 3.3.10.2 Employment Eligibility; Consultant. Consultant certifies that t t1 t f f 0 C t 0 s v v n a r I ie e s I 0 0 If I 0 1 a a ca in t t S f u u a 0 0 H S I s that fully complies with all requirements and restrictions of state and federal law respecting t employment of undocumented aliens, including, but not limited to, the Immigration Reform a• Control Act of 1986, as may be amended from time to time and shall require all subconsultan and sub-subconsultants to comply with the same. Consultant certifies that it has not committ a violation of any such law within the five (5) years immediately preceding the date of executi *ree-ite*t..2,i(.d 211 wot violq.te ?*v sudii l2ui 2t.2-tv 3.3.10.3 Egual Opportunity Employment. Consultant represents that it an equal opportunity employer and it shall not discriminate against any subconsultant, employ or applicant for employment because of race, religion, color, national origin, handicap, ancest sex or age. Such non-d iscrim i nation shall include, but not be limited to, all activities related initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff 0 termination. Consultant shall also comply with all relevant provisions of City's Minority Businell Enterprise program, Affirmative Action Plan or other related programs or guidelines currently effect or hereinafter enacted. 3.3.10.4 Air Quality. To the extent applicable, Consultant must fully comply with all applicable laws, rules and regulations in furnishing or using equipment and/or providing services, including, but not limited to, emissions limits and permitting requirements imposed by the South Coast Air Quality Management City (SCAQMD) and/or California Air Resources Board (CARB). Consultant shall indemnify City against any fines or penalties imposed bAQMD, 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 sh keep itself and all subcontractors, staff, and employees fully informed of and in compliance wi all local, state and federal laws, rules and regulations that may impact, or be implicated by t performance of the Services including, without limitation, all applicable provisions of the City ordinances regulating water quality and storm water; the Federal Water Pollution Control Act ( seq.); the California Porter -Cologne Water Quality Control Act (Water Cod § 13000 et seq.); and any and all regulations, policies, or permits issued pursuant to any su authority. Consultant must additionally comply with the lawful requirements of the City, and a I . . i0_rP,4P_*P 4istrirt- or otter loc2l%jgjl;��4ictioj over Ua.Lgca�"&�* g4el BB&K (2020) -5- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 the Services are to be conducted, regulating water quality and storm water discharges. City may seek damages from Consultant for delay in completing the Services caused by Consultant's failure to comply with the laws, regulations and policies described in this Section, or any other relevant water quality law, regulation, or policy. 3.3.10.6 Safety. Consultant shall execute and maintain its work so as S avoid injury or damage to any person or property. In carrying out its Services, the Consultant i s hJ -.4,WA "61 WA - WLPI.11111*11 4W 9 vilino, m KRAIIIIIIII 3.3.11.1 Time for Compliance. Consultant shall not commence wo under this Agreement until it has provided evidence satisfactory to the City that it has secured insurance required under this section. In addition, Consultant shall not allow any subconsultant commence work on any subcontract until it has provided evidence satisfactory to the City that t subconsultant has secured all insurance required under this section. Failure to provide a o 3.3.11.2 Types of Insurance Reguired. As a condition precedent to tM. effectiveness of this Agreement for work to be performed hereunder, and without limiting t indemnity provisions of the Agreement, the Consultant, in partial performance of its obligatio under such Agreement, shall procure and maintain in full force and effect during the term of t Agreement the following policies of insurance. If the existing policies do not meet the i n requirements set forth herein, Consultant agrees to amend, supplement or endorse the policii to do (A) Commercial General Liability: Commercial General Liability Insurance which affords coverage at least as broad as Insurance Services Office "occurrence" form CG 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 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- BB&K (2020) -6- PROFESSIONAL SERVICES AGREEMENT 65431,00007\42447298.1 made basis, the retroactive date shall precede the effective date of the initial Agreement a continuous coverage will be maintained or an extended reporting period will be exercised for period of at least five (5) years from termination or expiration of this Agreement. 3.3.11.3 Insurance Endorsements. Required insurance policies sh 3.3.11.4 Primary and [Ion -Contributing Insurance. All policies Commercial General Liability and Automobile Liability insurance shall be primary and any oth insurance, deductible, or self-insurance maintained by the City, its officials, officers, employee agents, or volunteers shall not contribute with this primary insurance. Policies shall contain or endorsed to contain such provisions. 3.3.11.5 Waiver of Subrogation. All required insurance coverages, except 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. PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 3.3.11.6 Deductibles and Self -insured Retentions. Any deductible or se insured retention must be approved in writing by the City and shall protect the City, its officiall officers, employees, agents, and volunteers in the same manner and to the same extent as th would have been protected had the policy or policies not contained a deductible or self-insur retention. 3.3.11.7 Evidence of Insurance. The Consultant, concurrently with 92 execution of the Agreement, and as a condition precedent to the effectiveness thereof, sh deliver either certified copies of the required policies, or original certificates on forms approved the City, together with all endorsements affecting each policy. Required insurance policies sh not be in compliance if they include any limiting provision or endorsement that has not be submitted to the City for approval. The certificates and ♦# for each insurance poli shall be signed by a person authorized by that insurer to bind coverage on its behalf. At lea fifteen (15 days) prior to the expiration •' any such policy, evidence • insurance showing th such insurance coverage has been renewed or extended shall be filed with the City. If su coverage is cancelled or reduced and not replaced immediately so as to avoid a lapse in t required coverage, Consultant shall, within ten (10) days after receipt of written notice of su cancellation or reduction of coverage, file with the City evidence of insurance showing that t • companies. 3.3.11.8 Acceptability of Insurers. Each such policy shall be from company or companies with a current A.M. Best's rating of no less than A:VIl and authorized transact •' • insurance in the State • California, • otherwise allowed to place insuran through surplus line brokers under applicable provisions of the California Insurance Code or a federal law. I 3.3.11.9 Enforcement of Agreement Provisions (non estopoe Consultant acknowledges and agrees that actual or alleged failure on the part of the City to infor Consultant of non-compliance with any requirement imposes no additional obligation on the Ci, nor i•' it waive any rights hereunder. I 3.3.11.10 Requirements Not Limiting. Requirement of specific coverage (M minimum limits contained in this Section are not intended as a limitation on coverage, limits, %TJ other requirement, or a waiver of any coverage normally provided by any insurance. I M-AN1111111111 (A) The foregoing requirements as • the types and limits OR insurance coverage to be maintained by Consultant, and any approval of said insurance by t City, is • intended to and shall not in any manner limit •: qualify the liabilities and obligatio otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, t provisions concerning indemnification. I (B) If at any time during the life of the Agreement, any policy of 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 • BB&K (2020) -8- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 w w w w w • W W w w go-WWN 7-M*U11GU U1WJJ#C0rIb]JAa11L b L;0111,f11a11UU 11101 a " I i IsTrat ice reliall litut u 115 ^!g[ MIL, LU the extent applicable. The Consultant shall provide satisfactory evidence of compliance with this section upon request of the City. 3.4.1 Frevailing Wages. Consultant is aware of the requirements of Californ Labor Code Section 1720, et seq., and 1770, et seq., as well as California Code of Regulation Title 8, Section 16000, et seq., ("Prevailing Wage Lawswhich require the payment of prevaili wage rates and the performance of other requirements on "public works" and "maintenanc projects. If the Services are being performed as part of an applicable "public works" limaintenance" project, as defined by the Prevailing Wage Laws, and if the total compensation i $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. City sh provide Consultant with a copy of the prevailing rates of per them wages in effect at t commencement of this Agreement. Consultant shall make copies of the prevailing rates of p them wages for each craft, classification or type of worker needed to execute the Servic available to interested parties upon request, and shall post copies at the Consultant's princip place of business and at the project site. It is the intent of the parties to effectuate t requirements of sections 1771, 1774, 1775, 1776, 1777.5, 1813, and 1815 of the Labor Co within this Agreement, and Consultant shall therefore comply with such Labor Code sections the fullest extent required by law. Consultant shall defend, indemnify and hold the City, its official officers, employees, agents, and volunteers free and harmless from any claim or liability arisi out of any failure or alleged failure to comply with the Prevailing Wage Laws. BB&K (2020) -9- PROFESSIONAL SERVICES AGREEMEN 65431.00007\42447298.1 3.4.2 Registration/DIR Compliance. If the Services are being performed on public works project of over $25,000 when the project is for construction, alteration, demolitio installation, or repair work, or a public works project of over $15,000 when the project is foll maintenance work, in addition to the foregoing, then pursuant to Labor Code sections 1725.5 a[ 0 l 1771.1 the Consultant and all subconsultants must be rejristered with the Decartmentof Industriti Relations ("DIR"). Consultant shall maintain registration for the duration of the Project and requi the same of any subconsultants. i records directly to the DIR. Any stop orders issued by the DIR against C onsultant or a 0 In s u 'tant or a subconsultant that affect Consultant's performance of services, including any delay, shall Consultant's sole responsibility. Any delay arising out of or resulting from such stop orders sh - be considered Consultant caused delay and shall not be compensable by the City. Consulta shall defend, indemnify and hold the City, its officials, officers, employees and agents free a 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. k iiii rx-rn -. n T. Tn M. F, c • � Grounds for Termination. City may, 101 Ot by written n ' ice Consultant, terminate the whole or any part of this Agreement at any time and wifl ut ca use giving written notice to Consultant of such termination, and specifying the effective date there at least seven (7) days before the effective date of such termination. Upon termination, Consulta I shall be compensated only for those Services which have been adequately rendered to City, a Consultant shall be entitled to no further compensation. Consultant may not terminate th Agreement except for cause. The rights and remedies of the City provided in this section not be exclusive and are in addition to any other rights and remedies provided by law, equity under this Agreement. 3.5.1.2 Effect of Termination. If this Agreement is terminated provided herein, City may require Consultant to provide all finished or unfinished Documents a Data and other information of any kind prepared by Consultant in connection with the performan of Services under this Agreement. Consultant shall be required to provide such document a other information within fifteen (15) days of the request. Additional Services. In the event this Agreement is terminated whole or in part as provided herein, City may procure, upon such terms and in such manner as may determine appropriate, services similar to those terminated. I BB&K (2020) -10- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 KI � �*- �- M 3.6.1 To the fullest extent permitted by law, Consultant shall defend (with couns'-" of City's choosing), indemnify and hold the City, its officials, officers, employees, volunteers, a agents free and harmless from any and all claims, demands, causes of action, costs, expense liability, loss, damage or injury of any kind, in law or equity, to property or persons, includi wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractor Oo2mo*eooOo, CJSLJIt,21tS r;*e*t-otiAi•itectiw u/iti tWe ifritigice f Vie CJSLJItQ1t'S Services. tW�e Pri 'Ja s s 0 r-' I all rw1-1W-K4#r4 IsTil I "'Ta I W-Al" W-1 M-1 I U-1 0101 M-1 I the sole negligence or willful misconduct of the City. Consultant's obligation to indemnify sh I survive expiration or termination of this Agreement and shall not be restricted to insuran proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, 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. 3.7.1 Accounting Records. Consultant shall maintain complete and accura records with respect to all costs and expenses incurred under this Agreement. All such recor shall be clearly identifiable. Consultant shall allow a representative of City during normal busine created pursuant to this Agreement. Consultant shall allow inspection of all work, dat4 t documents, proceedings, and activities related to the Agreement for a period of three (3) y1ea from the date of final payment under this Agreement. KI 0=0 M WCOM • r • &B #-"i * 3.72.1 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. BB&K (2020) -11- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 Prior Approval Reguired. 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 1Z W-R*MHQWL, 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 Agreeme shall be given to the respective parties at the following address, or at such other address as t respective parties may provide in writing for this purpose: Consultant: Avant Garde 807 S Lemon Ave Diamond Bar, CA 91789 ATTN: Ana Marie LeNoue, President and CEO City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 ATTN: Ron Garcia, Director of Community Development Such notice shall be deemed made when personally delivered or when mailed, forty-eight (4 hours after deposit in the U.S. Mail, first class postage prepaid and addressed to the party at i applicable address. Actual notice shall be deemed adequate notice on the date actual noti occurred, regardless of the method of service. I WNTITATSYNTOMEORIVIT 3.7A.1 Documents & Data; Licensinq 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, iyei N 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. BB&K (2020) -12- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 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 is 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 �crofessionals other than Consultant or its subconsultants, or those ;crovided to Consultant b-kvi the City. 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 is 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 it4'j sili rijk. If Wili jr riWiii Jhj DjjWmjntj J Diign inj R r R i ii t h i r than thi i Pr Witi IL tilldll IUIIIUTfd Ule, k�U[ 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. 37A.4 Indemnification. Consultant shall defend, indemnify and hold tM. City, its directors, officials, officers, employees, volunteers and agents free and harmles pursuant to the indemnification provisions of this Agreement, for any alleged infringement of a patent, copyright, trade secret, trade name, trademark, or any other proprietary right of any pers I or entity in consequence of the use on the Project by City of the Documents & Data, including a method, process, product, or concept specified or depicted. 17.4.5 Confidentiality. All ideas, memoranda, specifications, plan procedures, drawings, descriptions, computer program data, input record data, writt information, and other Documents & Data either created by or provided to Consultant connection with the performance of this Agreement shall be held confidential by Consultant. Su materials shall not, without the prior written consent of City, be used by Consultant for a purposes other than the performance of the Services. Nor shall such materials be disclosed any person or entity not connected with the performance of the Services or the Project. Nothi furnished to Consultant which is otherwise known to Consultant or is generally known, or h become known, to the related industry shall be deemed confidential. Consultant shall not u City's name or insignia, photographs of the Project, or any publicity pertaining to the Services the Project in any magazine, trade paper, newspaper, television or radio production or oth similar medium without the prior written consent of City. 11 3.7.4.6 Confidential Information. The City shall refrain from releasi Consultant's proprietary information ("Proprietary Information") unless the City's legal couns determines that the release of the Proprietary Information is required by the CalifoPubl Records Act or other applicable state or federal law, or order of a court of competent jurisdictio in which case the City shall notify Consultant of its intention to release Proprietary Informatio 3 notice of Consultant's objection to the City's release of Proprietary Information. Consultant sh rnia 13 1�._ indemnify, defend and hold harmless the City, and its officers, directors, employees, and agen from and against all liability, loss, cost or expense (including attorney's fees) arising out of a leg BB&K (2020) -13- PROFESSIONAL SERVICES AGREEMEN 65431.00007\42447298.1 action brought to compel the release Of Proprietary Information. City shall not release the Proprietary Information after receipt of8A objection notice UD|e3s either: (1) Consultant fails b] 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) afin8| and non -appealable Order by court of competent jurisdiction requires that City release such information. 3.7.5 . The Parties Sh@|| fully cooperate with one another, and shall take any additional acts or sign any additional documents aSmay benecessary, appropriate Orconvenient tDattain the purposes Ofthis Agreement. 3.7.0 Entire Agreement. This Agreement contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings Dragreements. 3.7.7 . If either pGdv 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 attnrney3'feeSand all costs Qfsuch action. 3.7.8 Governing Law. This Agreement shall begoverned bythe laws Ofthe 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 seg. prior to filing any |@vvsWit 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 nlGiQL8iOiOg 8 valid |avvsVii against the City. 3.7.9 Time of Essence. Time isOfthe essence for each and every provision Df this Agreement. 3.7.10 . City reserves right to 8nUp|Oy other consultants in connection with this Project. 3.7.11 Successors and Assigns. This Agreement shall be binding on the successors and assigns Dfthe parties. 3.7.12 Assignment or Transfer. Consultant shall not assign, sublet, nrtransfer this Agreement Or any rights Under or interest in this Agreement without the written consent of the City, which may bewithheld for any reason. Any attempt 1OsOassign DrsOtransfer without such consent shall be Void and without legal effect and shall CODs1i1Ut8 grounds for termination. Consultant shall not subcontract any portion of the Services required by this Aureernent, except as expressly stated herein, without prior written approval Of City. Subcontracts, if any, Sh8|| COAt8iO @ provision making them subject to all provisions stipulated in this Agreement. oe&K(zO20) -14- PROFESSIONAL SERVICES AGREEMENT 6543/.00007w2447298./ 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 of reference only, and do not define, limit, augment, or describe the scope, content, or intent of this 3.7.15 Waiver. No waiver of any default shall constitute a waiver of any oth-91 default or breach, whether of the same or other covenant or condition. No waiver, benef privilege, or service voluntarily given or performed by a Party shall give the other Party a contractual rights by custom, estoppel, or otherwise. I 3.7.16 ' No Third -Party Beneficiaries. There are no intended third pa beneficiaries of any right or obligation assumed by the Parties. 3.7.17 Invalidity; Severability. If any portion of this Agreement is declared invalilm illegal, or otherwise unenforceable by a court of competent jurisdiction, the remaining provisio shall continue in full force and effect. I 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 Citi, durin t e term o is or her service with C6, shall have a- r--+ -+-rest in this Aareement. 3.7.19 AuthoritV to Enter A_qreement. Consultant has all requisite power a 4 authority to conduct its business and to execute, deliver, and perform the Agreement. Each Par warrants that the individuals who have signed this Agreement have the legal power, right, a 6 authority to make this Agreement and bind each respective Party. I 3.7.20 Counterparts. This Agreement may be signed in counterparts, each of which shall constitute @n original. 3.7.21 Survival. All rights and obligations hereunder that by their nature are is continue after any expiration or termination of this Agreement, including, but not limited to, t indemnification obligations, shall survive any such expiration or termination. I oe&x(2O20) -15- PROFESSIONAL SERVICES AGREEMENT SIGNATURE . PAGE ,y PROFESSIONAL .A SERVICES AGREEMENJ BETWEEN THE CITY OF BALDWIN PARK AND AVANT GARDE BB&K (2020) -16- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 IN WITNESS WHEREOF, each of the Parties has caused this Agreement to be executed on thl; day and year first above written. I I a :Y-11 q 11TA I L1 12-11 IN W910 0 3 El M-O =0- L03 I IM 0 F-MUZ140 I ILTUILVA I I RM mym', City Clerk By: Its: 'Tinted Ilklame: By: Its: 1111001911=- BB&K (2020) -17- PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 EXHIBIT a' BB&K (2020) Exhibit "A"-1 PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 Our years of practice in providing the same services as outlined in the RFP in other cities has provided us the abilityto customize program documents and forms to ensure the smooth operation of the Five -Year Consolidated Plan, First -Year Annual Plan, and Analysis of Impediments to Fair Housing Choice. The AVANT-GARDE principals have had the privilege of working together serving municipalities for over twenty years. During this time, our Team has worked closely with City staff in a variety of capacities providing State and Federal funding compliance services on housing projects and programs and public works capital projects including community outreach, assisting in the preparation of grant applications, assisting with the preparation of fiscal budgets, and assisting with the HOME, CDBG, HOME -ARP, and Public Housing Authority administration. Our familiarity and experience with the municipal government establishes our solid working knowledge of the community, processes and institutions which make us uniquely qualified to assist the City and serve the community. Our Team has been extremely successful in helping cities effectively and efficiently run programs. We work diligently to identify the strengths and weaknesses in currently established programs. Value added service The most immediate value that we will add to the City of Baldwin Park is the exponential extension of AVANT-GARDE and Civitas staff. It is our preferred style to become an extension of the City by combining resources and providing the added ability to take on projects from beginning analysis and strategic planning through implementation. We can call upon the skills of the professionals in our organization to fill in where the City may not have available staff or expertise. While the City staff is engaged in day-to-day operations, our staff has the capacity to evaluate and manage development projects on behalf of the City. Additionally, we share our insights and professional expertise, as well as best practices which we have applied successfully, with staff in the manner of in-house training. 5-Year_ CONSOLIDATED_ PLAN. ANALYSIS OF IMPEDIMENTS, AND CITIZEN PARTICIPATION PLAN In preparation for the Consolidated Plan, assigned members of the AVANT-GARDE team propose to meet with City staff to review the goals and objectives of the City, review the HUD regulations within the context of the City's goals and objectives, discuss the general consensus of the most recently approved plans and the effectiveness of the programs implemented, and to confirm the timeline for the process of preparing the Plans. AVANT-GARDE will meet with staff as directed to review the tasks to be completed. The purpose is to ensure that the activities to be undertaken are consistent with the City's needs and the legislative requirements imposed by HUD. AVANT-GARDE, in coordination with Civitas, LLC as a subconsultant, will develop a draft Consolidated Plan that includes five-year funding goals, priorities, strategies, proposed accomplishments, and performance measurements. The Plan will follow the HUD checklist, narrative requirements, and HUD guidelines, taking into consideration improved ways to present and display information using eCon Planning Suite, and addressing Federal requirements. Sections of this Plan include: • Executive Summary - Consultant team members will meet on -site with City representatives to discuss the project, develop detailed schedules, and collect necessary information, including the City's existing consolidated plan, the local homeless Continuum of Care, the City's comprehensive plan, fair housing plan and other relevant information from other local agencies. City representatives will be asked to identify and provide any other relevant data or information to ensure that all community needs and conditions and resources are considered. • Citizen Participation Process — Meet with staff to discuss expectations, priorities, available resources, strategies and timetables. AVANT-GARDE will conduct in -person and/or phone interviews of key stakeholders as identified by City staff. Additionally, the consultant team will develop an online survey for citizen and stakeholder feedback. • Housing Needs Assessment - Develop an updated housing needs profile specifically for the City of Baldwin Park. The consultant team will work with City representatives to identify any additional data and information, including existing housing and/or homeless studies and information on special needs populations, etc., not previously considered. After obtaining this information, the consultants will combine this information along with the information gathered at the initial meeting, census data and other HUD resources - to develop a needs assessment for the City's review and approval. The Needs Assessment will meet all of the requirements of 24 CFR Part 91 and will include an estimate of the housing needs within the City. The assessment will include the specification of such housing related needs, a discussion of specific housing problems, assessment of the specific needs of racial and ethnic groups, the extent of homelessness in the City, the characteristics and needs of low income people, existing facilities such as outreach and assessment, existence of emergency shelters and services, estimates of the number of people requiring supportive services, and a description of supportive housing needs and a description of the agencies that provide the supportive housing services. • Non -Housing Community Development Initiatives - The consultant team will identify the City's priority non -housing community development needs eligible for assistance. This includes public facilities, public improvements, public services, and economic development. This analysis will include a look at the homebuilding industry in the City, its current neighborhood development policies, and its economic development initiatives. This shall include but be limited to the following: public libraries and museums, parks and community centers, health facilities, historic preservation, continuing education/adult education facilities, and any additional youth, adult, or senior programs. This review shall also incorporate regional planning and economic development initiatives including but not limited to the following urban development, infrastructure, public safety, public transportation, employment training, and business attraction and retention. • Demographic Data Collection - The consultant team will work with City staff to develop a Community Profile, which will provide a general overview of Baldwin Park. The present-day sketch will outline the City's employment situation and major employers, current urban development issues, recreational activities, and any successful development or redevelopment ventures. The demographic and housing section will give a brief overview the current population of the City, including its ethnic and socio-economic makeup, as well as the current state of its housing situation, and land use issues. The policy section will outline any current City, County, or state policies that might have an impact on affordable housing or the operation of housing agencies in the City. • Homeless Needs Assessment - Consultants will assist City staff in providing a concise summary of the nature and extent of homelessness within the City, addressing separately the need for facilities and services for homeless persons and homeless families with children, both sheltered and unsheltered, and homeless subpopulations. As part of the homeless needs assessment, the consultant team will identify area facilities and services in place to provide for the homeless population. This shall include, at a minimum, the local Continuum of Care, all emergency shelters, any homeless outreach program(s) as well as available transitional and permanent housing options. • Market Analysis - In cooperation with local stakeholders and representatives, the consultant team will develop a housing market analysis, using information from interviews, surveys, public hearings, census data, consultation with local lenders, realtors, and appraisers. Consultants will incorporate into this analysis an evaluation of the City's housing supply, the demand for housing, the current housing conditions, the cost of housing stock, and the kind of housing available to the disabled. • Strategic Plan - The consultant team will develop a strategic plan that addresses the needs identified in the approved needs assessment and any existing City policies. The strategic plan will be consistent with the minimum HUD requirements as outlined in CFR 24 Part 91 as well as with other guidance issued by HUD. The strategic plan will detail the City's housing, homeless, and non -housing priorities forthe next five years. Specific objectives and strategies will be developed that address stated priority needs. City representatives will review and provide comments on the draft of the strategic plan, which the consultants will incorporate into the finalized version. The consultant team will obtain comments and direction on the draft Strategic Plan and discuss actions to implement the approved strategies. • Citizen Participation Plan — Review the City's existing Citizen Participation Plan to provide recommendations, if any, for revisions to the Citizen Participation Plan and discuss necessary steps to amend the Citizen Participation Plan in accordance with 24 CFR 570.486(a)(6). Adhere to necessary timelines with milestones for carrying out the public participation component as required by the Citizen Participation Plan. 1P Additional tasks AVANT-GARDE will complete include: Prepare information on low and moderate - income areas for consideration as program target locations. Assist City staff in preparing a Budget and Allocation Plan itemizing anticipated funding over the next five years uses of the funding and formula methodology to serve as the basis for the development of an Allocation Plan for all activities. Provide certifications to ensure compliance with all other Federal requirements. Coordinate with City staff to respond to all inquiries from HUD regarding the approved Consolidated Plan. Coordinate with Citystaffto ensure compliance with publishing and advertising requirements to obtain public input for preparing the draft of the Consolidated Plan. The City of Baldwin Park will be responsible for coordinating the publication of notices and associated payments. ONE-YEAR ACTION PLAN The consultant team will develop a One -Year Action Plan that supports the objectives and strategies outlined in the previous assessments and analyses. Specific benchmarks/performance measures will be developed so that the City and HUD will be able to assess and evaluate the City's progress in reaching its goals. The one-year action plan will be consistent with the minimum requirements outlined in 24 CFR Part 91 as well as with other guidance issued by HUD. City representatives will review and provide comments on the draft of the Annual Action Plan, which the consultants will incorporate into the finalized version. COORDINATION WITH HUD AVANT-GARDE will liaise with HUD as needed. We will provide HUD with the required input for the Consolidated Plan and Annual Action Plan. AVANT-GARDE will collect the necessary documents to adhere to HUD's strict deadline for review and comment. The content and form of these documents will be evaluated pursuant to the regulations of HUD and achievement of the City of Baldwin Park's goals and objectives. We will review and update the CDBG and HOME Program Manuals as needed. AVANT-GARDE is available to participate in HUD project and program monitoring reviews and participate in the Single Audit review of HOME and CDBG activities. Upon request, AVANT-GARDE will prepare agenda reports for City Council meetings relating to program activities as needed. As requested by City staff, AVANT-GARDE will attend Council Meetings and make presentations related to program activities. 1. Program Methodology & Management The success of projects often depends on the strength of the collaboration between the city staff and the consultant. To this end, AVANT-GARDE will initiate this program with a thorough review of the proposal and a discussion of how well it meets the stated goals and objectives of the City. Any gaps, omissions or additional requirements are determined and discussed for possible inclusion in the services to be provided. This initial review is followed by a detailed summary of the methodology, product deliverables and a timeline with benchmarks clearly identified. This documentwould be approved bythe authorized City staff and then becomes the guiding document. Any changes to this original document and timeline are quickly reduced to writing and approved by both the client and the firm. The purpose is to ensure progress toward the common and agreed upon goal that is consistent with the needs of the City. In order for the process and the program to proceed according to the needs of the City of Baldwin Park, it is critical that certain exchanges and procedures occur between staff and consultant. AVANT-GARDE will make every effort to ensure staff is fully informed of all tasks undertaken and the results and findings we develop. AVANT-GARDE will be available and fully prepared to discuss the program and to collaborate when a change in course may be advisable. Most importantly, the City will receive services and product deliverables that are founded on good planning and economic development principles and in a format that is easy to use, apply and update as conditions may change. In summary, AVANT-GARDE's approach to program management is to agree on the goals and objectives to be achieved at the inception of the project. The process and product deliverables are reduced to writing so that both the City and the firm have a clear understanding of the project parameters and the method by which success is to be achieved. AVANT-GARDE will prepare a timeline that is updated regularly to ensure that the project(s) and programs remain on track and/or that required extensions are known in advance and agreed upon by City staff. Regular and consistent communication will be maintained with scheduled meetings to update City staff on the status of the various project tasks and to share findings and results. These basic principles have served the firm well and significantly contributed to the firms success. Stakeholders and Community Outreach: AVANT-GARDE is committed to clear communication, inclusive of internal and external office coordination, coordination with assisting or collaborative consultants, and identified stakeholders. AVANT-GARDE can assist the City in developing communication messages and organizing and managing events and meetings intended to draw attention to the City's HUD funded programs. 2. Client Satisfaction AVANT-GARDE requires that adequate quality assurance/quality control (QA/QC) be implemented on each project. The Project Director provides the leadership and guidance to obtain the end results for all services provided by the company. Generally, a project management plan is prepared. The project management plan defines specific project deliverables, implementation criteria, staff and resource loading, work task schedule with project milestones, and project responsibilities. The project management plan and the QA/QC plan are complimentary and are mutually incorporative. Daily contact by the Project Director with each on -going activity provides support and guidance, maintains focus and momentum, and monitors the quality of work. Regularly scheduled project staff meetings for reviewing and general work status, reviewing technical elements of the project, coordinating and interfacing of activities, reviewing costs, and discussing upcoming activities and responsibilities are all standard procedures of our quality assurance to each and every project. AVANT-GARDE is committed to excellence and stands behind its reputation to provide only the highest level of products and services in an effort to enhance the quality of life for the communities served. Whether working on a specific project or a long-term program, clients will always receive our blend of expertise to ensure every one of their goals is met. 3. City Provided Support Ms. Montoya will serve as the point person. She is familiar with the City process and will aim to prepare concise communications with staff on an as needed basis. By utilizing staff with unique experience and expertise in HUD programming, AVANT-GARDE is well versed and able to problem solve the many anticipated issues. As an extension of the City team, our goal is to collaborate with staff and to do this we, the consultants, need an agreed upon project approach, timeline and list of product deliverables. This activity and the written results are critical to the process and the expected outcome of the program. Regular Communication: The basic elements of this collaboration include regular and consistent communication with the City's staff. We ask that a regular meeting date and times will be established as a means to ensure that the program is proceeding according to plan and to advise staff of any recommended changes in direction and/or unexpected delays. City Staff Review & Comment: The review and comment by City Staff, with respect to reports and/or other documents, is a critical element to the successful completion of each project and to maintaining the project timeline. Data Sharing: We would request that City staff provide relevant reports, demographic data and any other information that would assist us in completing projects on behalf of the City. All data and information that may impact the various projects and/or tasks assigned are requested to understand where gaps may exist and where new data may need to be developed. EXHIBIT "B" Consolidated Plan/First Year Annual Action Plan/Analysis of Impediments Tentative Schedule Begin Draft Consolidated Plan February 2025 1 st Public Hearing to receive public input for Needs and Priorities February 2025 Route Draft Consolidated Plan for staff review March 2025 30-Day Public Comment Period leading to 2nd Public Hearing April — May 2025 2nd Public Hearing to adopt Consolidated Plan/AAP/AI May 2025 Consolidated Plan Complete May 2025 Submittal of Consolidated Plan Approval to Housing Board May 7, 2025 Submittal of Consolidated Plan to HUD entative May 15, 2025 BB&K(2020) Exhibit"B"-1 PROFESSIONAL SERVICES AGREEMENT 65431.00007\42447298.1 t�1 AVANT-GARDE is proposing a fixed flat fee of $45,990. ConPlan will be billed on a fixed fee percentage of completion basis. ProposalCity of Baldwin Park- Cost Tasks Program Director Program Manager Sub -Total Hours Rate Hours Rate Hours Cost $ 150 $ 135 Preparation of Con Plan, Al and Action Plan 258; $ 38,700 54; $ 7,290 312 $ 45,990.00 Totals 258 $ 38,700.00 54, $ 7,290.00 312 $ 45,990.00 TOTAL $ 45,990.00 *ConPlan will be billed on a fixed fee % of completion basis *Hours may be interchanged amongst staff based on the needs identified and availability of City funds *No additional costs will be billed to the City, such as travel, duplication of materials, binding, mailing etc. ITEM NO. 9 +�►��Wz, TO: Honorable Mayor and Members of the City Council FROM: Nick Baldwin, City Planner siEL DATE: February 19, 2025 ,,;,v SUBJECT: Conduct Public Hearing and Introduce First Reading of Ordinance 1516 to Consider Approval of Development Agreement No. 24-01 Between the City of Baldwin Park and Allvision, LLC and the adoption of a Mitigated Negative Declaration (MND) and Mitigation Monitoring and Reporting Plan (MMRP) in conjunction with a request for the construction of a new two-sided digital billboard sign (Location 3100 Baldwin Park Blvd.; Applicant: Allvision, LLC; Case Number: DA 24-01). SUMMARY The applicant, Allvision, LLC, is requesting approval for the construction of a new two-sided digital billboard within the railroad right-of-way adjacent to 3100 Baldwin Park Blvd. that has a zoning designation of FC, Freeway Commercial. The City Council, at a duly noticed hearing will introduce for first reading Ordinance No. 1516 (Attachment 1) authorizing the City to enter into Development Agreement No. 24-01 (Attachment 2) with applicant for approval of the proposed digital billboard. RECOMMENDATION It is recommended that the City Council: 1. Conduct a public hearing and introduce for first reading, by title only, Ordinance 1.516, entitled, "AN ORDINANCE OF THE CITY COUNCIL FOR THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ALLVISION, LLC FOR THE APPROVAL OF A TWO-SIDED DIGITAL BILLBOARD LOCATED IN THE RAILROAD RIGHT-OF-WAY ADJACENT TO 3100 BALDWIN PARK BLVD, WITH THE SPECIFIC LOCATION SHOWN ON THE PLANS ON FILE WITH THE CITY PLANNER". 2. Find that the Mitigated Negative Declaration and the Initial Study/Mitigated Negative Declaration (ISMND) as well as the associated Mitigation Monitoring and Reporting Plan (MMRP) was prepared in accordance with the California Environmental Quality Act (Pub. Resources Code, §§ 21000 et seq.) ("CEQA") and the State CEQA Guidelines (Cal. Code Regs, tit. 14, § § 15000 et seq.) and adopt the ISMND and MMRP for this project. 3. Adopt Resolution CC 2025-004 approving DA 24-01: "A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY OF BALDWIN PARK RECOMMENDING THAT THE CITY COUNCIL APPROVE A DEVELOPMENT AGREEMENT FOR THE CONSTRUCTION OF A TWO- SIDED DIGITAL BILLBOARD LOCATED IN THE RAILROAD RIGHT-OF-WAY ADJACENT TO 3100 BALDWIN PARK BLVD, WITH THE SPECIFIC LOCATION SHOWN ON THE PLANS ON FILE WITH THE CITY PLANNER. Page 1 / 5 FISCAL IMPACT There will be an increase in general fund revenues should this project be approved. The Developer shall pay an annual development fee to the City starting at $75,000 and will escalate to $115,000 over the life of the contract. Please see Development Agreement Terms of Attachment #2 of this staff report for specifics. BACKGROUND In July 2013, the City approved a Code Amendment (AZC-173) which included development standards relating to digital billboards. In December 2016, the City Council approved an ordinance that would modify the development standards to allow the construction of additional digital and static billboards. The construction of additional billboards require agreements that allow the City more flexibility to negotiate other benefits from billboard companies, including but not limited to new park signs, landscaping, and provide mitigation fees and/or other benefits the City needs. In April 2017,.the City Council approved an ordinance to modify development standards for all new billboards that would allow them to be constructed no taller than 65 feet, regardless of proximity to a sound wall. In June 2024, the Sign Code was re -codified and new regulations for billboards were standards for static and digital billboards were approved which superseded previous billboard standards (Ordinance No. 1510). DIGITAL BILLBOARD STRUCTURES A digital billboard is defined by the Baldwin Park Municipal Code as, "any off -site advertising display, as defined in the California Business and Professions Code (BPC) Section 5202, that uses state-of-the-art digital technology. Section 153,170.110 of the BPMC governs new static and digital billboard construction. Digital billboards are an emerging media type that consists of a display surface with light emitting diodes (LEDs) generating an image. The images are changed remotely via computer, functioning and appearing like large computer screens. Digital billboards offer greater flexibility of use than conventional billboards. Typically, digital advertising messages from advertisers rotate continuously, with each digital image on display for about four to eight seconds, enabling billboard owners to sell the same advertising face multiple times. Digital billboards allow advertisers to change messages throughout the course of a day. Images can be scheduled to run at certain times of the day, on particular days of the week or even on specific billboards within a network. Digital billboards are typically used in busy traffic areas, where advertisers are willing to pay more for the use of the billboard and thus the LED displays generate substantially more revenue than a comparable traditional billboard. Although LED display technology allows for scrolling, flashing or motion video, moving images on digital billboards are generally prohibited by current Federal, State, and/or local regulations, due to traffic safety concerns. Baldwin Park Ordinance No. 1510 also prohibits moving images on digital billboards and requires a change in image no more frequent than every five seconds. LED displays are equipped with sensors that automatically modify the brightness of the sign in response to ambient lighting conditions. During the day, the display is brighter to provide the necessary contrast to allow the image to be visible. At night, the LED display will be automatically dimmed to reduce glare. There are a variety of Federal, State, and local provisions that regulate billboards and digital billboards. For example, Caltrans limits locations of static billboards to be no less than 500 feet between billboards and any other billboard on the same side of the freeway, whereas digital billboards must be separated by a minimum distance of 1,000 linear feet on the same side of the freeway. Page 2 / 5 TABLE #1 ADJACENT ZONING & LAND USE ADJACENT PROPERTY LOCATION ZONING PROPERTY USE Subject Site Freeway Commercial Rail Right-of-way Target Store North Freeway Commercial Sierra Center Commercial center East Freeway Commercial Office building, In & Out Museum South -- Interstate 10 Freeway West Freeway Commercial Sierra Center Commercial center DISCUSSION On August 7, 2024, the Planning Division received an application from Allvision LLC requesting approval for the construction of a new, two-sided digital LED billboard located in the railroad right-of-way immediately south of 3100 Baldwin Park Boulevard (Target), north of the I-10 Freeway. The proposed sign structure will have an overall height of 85 feet (billboard height at 80 feet) and height of 57' as measure from the highest point of the freeway. The active display face will be 48 feet by 14 feet. The sign structure is a metal pipe design with an upper section and a lower section with the lower section being offset from the upper. The two sign faces will not be parallel to each other, but rather V-shaped to provide better viewing angles for drivers in both directions on the freeway. The sign faces will be 20 feet apart in the widest section. The location of the base of the structure is located approximately five feet into the railroad right-of-way and 15 feet from the center of the train tracks, which is in accordance with railroad regulations. Due to the off -set configuration of the structure, the upper section will extend over the tracks and go as far as the other side of the railroad right-of-way. Metro has reviewed the sign location and clearance above the train tracks and has confirmed that both are acceptable (see Attachment 8). The messages shown on the billboard faces will be commercial in nature but will also be available to Metro to advertise traffic alerts and other messaging of a public service nature. The proposed billboard will meet the developments standards of the City's sign code. The proposed sign area of 14' height by 48' width matches the maximum dimensions permitted. The maximum height permitted for billboards is 65' as measured from the highest point of the freeway and the proposal is for a billboard structure that measures 85 tall from grade, but only 57' as measured from the top of the freeway, so the overall height of the structure is in compliance. The project is in conformance with the distance requirements to digital billboards (1,000 feet) and static billboards (500 feet) because there are no other billboards in the immediate vicinity. The brightness of the billboard and the frequency of message change are operational characteristics that will be within the City standards and will further subject to Caltrans permitting and enforcement. Development Agreement Per Section 153.210.860 of the BPMC, the City Council must make the findings of fact about the proposed Development Agreement, which are provided in the section below. FINDINGS OF FACT— Development Agreement 1. Consistent with the General Plan: The proposed 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. Page 3 / 5 The proposed digital billboard project is consistent with the General Plan, specifically Goals 1 and 5 of the Economic Development Chapter. Goal 1 encourages and facilitates activities that expand the City's revenue base. The City will collect fees as negotiated through the Development Agreement, which will bring much needed revenue to the City. Also Goal 5 of the same chapter promotes economic development along the I-10 corridor through the establishment of uses most likely to benefit from freeway frontage. The proposed project fits this description since the billboards' location next to the freeway is essential for the advertising to reach potential customers. 2. Existing compatibility: 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. The proposed billboard will be located in the FC, Freeway Commercial zone, which is intended for commercial uses that benefit from close proximity to the freeway. The digital billboard will be constructed immediately adjacent to the freeway and will capitalize on the thousands of potential customers that travel this particular section of the I-10 freeway. 3. Public convenience and welfare: 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 the property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The proposed billboard will not be detrimental to the general welfare of the persons residing in the area or injurious to the property or persons in the general neighborhood or city as a whole based on the following: The lower section of the billboard will take up a tiny portion of land of approximately 36 square feet in area and this land is located in the railroad right-of-way where other commercial uses are not typically allowed by Metro. Also, the billboard advertising faces will be oriented toward the freeway and not be very visible, if at all, from the neighboring properties. The billboards will operate in a safe manner pertaining to brightness and frequency of scrolling that are established by Federal, State, and local standards. 4. Consistent with Cal. Gov't Code Section 65864 through 65869.5: The development agreement is consistent with Cal. Gov't Code Section 65864 through 65869.5. Cal. Gov't Code Section 65864 through 65869.5 are State laws that govern how development agreements shall be completed and the City's Municipal Code Section pertaining to development agreements, BPMC 153.210.820 et seq provides local standards and processes for development agreements that are consistent with State law. SUMMARY OF AGREEMENT The term of the proposed agreement is 25 years with an option to extend. Public benefits include a one-time $25,000 processing fee, City fees associated with Building Plan check and permit issuance, and an annual public benefit contribution that will start at $75,000 and grow to be $115,000 over the life of the contract. The City will have use of the billboard of up to 5% of the total available display time on either face free of charge and a discounted rate for additional advertising. Public safety alerts will appear on the billboard at no charge. A sign reading "City of Baldwin Park" shall be installed above the display panel on each face. In the event that telecommunications equipment is mounted to the sign structure in the future, the developer agrees to pay the City an annual fixed fee of 15% of the total amount of additional revenue collected by the developer. PLANNING COMMISSION RECOMMENDATION As required by Code, the Planning Commission heard the subject proposal at their regular meeting on January 22, 2025. They considered the project and found that it meets the required Findings of Fact and unanimously recommended approval of the project to the City Council by Resolution PC 25-04. Page 4 / 5 ALTERNATIVES None CEQA REVIEW PURSUANT TO THE CALIFORNIA ENVIRONMENTAL QUALITY ACT (CEQA), A MITIGATED NEGATIVE DECLARATION HAS BEEN PREPARED, INDICATING THE PROJECT WILL NOT HAVE A SIGNIFICANT EFFECT ON THE ENVIRONMENT ONCE THE MITIGATION MEASURES HAVE BEEN INCORPORATED (ATTACHMENT 5). IN ACCORDANCE WITH THE CEQA GUIDELINES, A NOTICE OF INTENT TO ADOPT A MITIGATED NEGATIVE DECLARATION WAS FILED WITH THE COUNTY CLERK, POSTED ON THE CITY WEBSITE, AND WAS AVAILABLE AT CITY HALL FOR REVIEW ON DECEMBER 23, 2024. THE POSTING OF THE NOTICE OF INTENT BEGAN A 20-DAY PUBLIC COMMENT PERIOD COMMENCED FROM THAT DATE AND ENDED ON JANUARY 13, 2025. DURING THE PUBLIC COMMENT PERIOD, ONE COMMENT WAS RECEIVED WHICH IS ATTACHED TO THIS STAFF REPORT (ATTACHMENT 6). THE COMMENT PERTAINS TO THE HEALTH EFFECTS OF LED LIGHT AND THE MEASUREMENT OF LED LIGHT. A RESPONSE TO COMMENTS WAS PREPARED (ATTACHMENT 7) AND THE RESPONSE ADDRESSES THE POINTS MADE BY THE PUBLIC COMMENT. IT WAS DETERMINED THAT NO CHANGES TO THE ENVIRONMENTAL f Z0Z4iilriVLi1\`.ilG�.`hhL�hf.Y.Y�\.I 80@1161I6Z�70i.`I9IIIZ6II1a [K6►71i► 1�1ah A NOTICE OF PUBLIC HEARING WAS POSTED AT CITY HALL ON THURSDAY, FEBRUARY 6, 2025. PUBLIC HEARING NOTICES WERE MAILED ON FEBRUARY 5, 2025 TO ALL PROPERTY OWNERS AND OCCUPANTS WITHIN A 300-FOOT RADIUS OF THE SUBJECT SITE AND PUBLISHED IN THE LOCAL PUBLICATION OF RECORD LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Ordinance 151.6 2. Development Agreement 24-01 3. CC Resolution No. 2025-04 4. Project Plans 5. Initial Study/Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (https: //www.baldwinpark. com/DocumentCenter/View/275 5/ISMND-with-Appendicies-for-AllVision- Metro-Billboard) 6. Public Comment 7. Response to Public Comment 8. Metro Authorization 9. Vicinity Map Page 5 / 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH ALLVISION LLC FOR THE APPROVAL FOR THE CONSTRUCTION OF A TWO-SIDED DIGITAL BILLBOARD LOCATED IN THE RAILROAD RIGHT-OF-WAY ADJACENT TO 3100 BALDWIN PARK BLVD, WITH THE SPECIFIC LOCATION SHOWN ON THE PLANS ON FILE WITH THE CITY PLANNER WHEREAS, on June 19, 2024, the City of Baldwin Park City Council adopted Ordinance No. 1510 updating billboard and signage regulations in the City; and WHEREAS, pursuant to the Zoning Code section 153.170.110 relating to new static or digital billboard construction, digital billboard project shall meet these Municipal Code requirements; and WHEREAS, pursuant to Zoning Code section 153.170.110, the billboards shall be required to receive Caltrans approval; and WHEREAS, an agreement with the City of Baldwin Park will be required; • WHEREAS, on August 7, 2024, the City of Baldwin Park Planning Division received an application from Allvision LLC ("Applicant") requesting approval for the construction of a new, two-sided digital LED billboard located in the railroad right-of-way immediately south of 3100 Baldwin Park Boulevard; and WHEREAS, in accordance with Baldwin Park Municipal Code (BPMC) Section 153.810.850 a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on January 22, 2025, to receive comments and consider recommendation to City Council of a proposed Development Agreement (DA 24-01) between the City and Applicant for construction of the proposed billboard; and WHEREAS, the Planning Commission at such hearing, adopted Resolution PC 25-04 recommending that City Council approve the proposed Development Agreement; and WHEREAS, the proposed project has been reviewed in compliance with the provisions of the California Environmental Quality Act (CEQA) and the City's environmental review procedures. In compliance with the California 65431.00103\43240607.2 Ordinance 1516 Page 2 Environmental Quality Act, Section 15063 of the California Environmental Quality Act guidelines, an Initial Study (IS) and Mitigated Negative Declaration (MND) has been prepared for this project with the purpose of identifying the project's significant effects on the environment; and WHEREAS, the Initial Study and Mitigated Negative Declaration was circulated for public comments between December 23, 2024 to January 13, 2025; and WHEREAS, the Applicant has agreed to proposed mitigation measures, and terms of the Development Agreement that will avoid the effects or mitigate the effects to a point where clearly no significant effects would occur; and WHEREAS, the City Council has reviewed the Development Agreement (DA 24-01) (attached as Attachment "2" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement (DA 24-01) and make the findings set forth below pursuant to BPMC Section 153.210.860; and WHEREAS, the findings set forth in the attached Development Agreement (DA 24-01) and as set forth in the Mitigated Negative Declaration are hereby incorporated as findings by this City Council in adopting this ordinance, and WHEREAS, on February 19, 2025, the City Council held a duly noticed public hearing as required by law, to consider first reading to the proposed ordinance to approve the Development Agreement. NOW, THEREFORE BE IT ORDAINED by the City Council of the City of Baldwin Park, California, as follows: SECTION 1. The recitals above are true and correct and incorporated herein by reference. SECTION 2. The City Council hereby certifies the Mitigated Negative Declaration, and based upon substantial evidence presented to the City Council during the above -referenced hearing, including the Initial Study, any public comments received during the public comment period of the Mitigated Negative Declaration, the written staff reports, verbal testimony, and the development plans, the City Council hereby finds that: a) There is no substantial evidence that the project will have a significant effect on the environment; and 65431.00103\43240607.2 Ordinance 1516 Page 3 b) The negative declaration reflects the City's independent judgment and analysis; and SECTION 3. The City Council hereby adopts the following findings of fact pursuant to Section 153.210.860 of the Baldwin Park Municipal Code relating to Development Agreements: a) 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. The proposed digital billboard project is consistent with the General Plan, specifically Goals 1 and 5 of the Economic Development Chapter. Goal 1 encourages and facilitates activities that expand the City's revenue base. The City will collect fees as negotiated through the Development Agreement, which will bring much needed revenue to the City. Also Goal 5 of the same chapter promotes economic development along the 1-10 corridor through the establishment of uses most likely to benefit from freeway frontage. The proposed project fits this description since the billboards location next to the freeway is essential for the advertising to reach potential customers. b) 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. The proposed billboard will be located in the FC, Freeway Commercial zone, which is intended commercial uses that benefit from close proximity to the freeway. The digital billboard will be constructed immediately adjacent to the freeway and will capitalize on the thousands of potential customers that travel this particular section of the 1-10 freeway. c) 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 proposed billboard will not be detrimental to the general welfare of the persons residing in the area or injurious to the property or persons in the general neighborhood or city as a whole. The lower section of the billboard will take up a tiny 65431.00103\43240607.2 Ordinance 1516 Page 4 portion of land of approximately 36 square feet in area and this land is located in the railroad right-of-way where other commercial uses are not typically allowed by Metro. Also, the billboard advertising faces will be oriented toward the freeway and not be very visible, if at all, from the neighboring properties. The billboards will operate in a safe manner pertaining to brightness and frequency of scrolling that are established by Federal, State, and local standards. d) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Cal. Gov't Code Section 65864 through 65869.5 are State laws that govern how development agreements shall be completed and the City's Municipal Code Section pertaining to development agreements, BPMC 153.210.850, provides local standards and processes for development agreements that are consistent with State law. The Development Agreement includes conditions, terms, restrictions and requirements as permitted by Cal. Gov't Code Section 65864 through 65869.5. SECTION 4. Based on the aforementioned findings, the City Council hereby approves the Development Agreement (DA 24-01), by and between Allvision LLC and the City of Baldwin Park, in the form as attached hereto as Attachment "2", and authorizes its execution and all actions necessary to comply with its terms subject to the following conditions of approval: a) Applicant shall submit a signed wet -stamped survey prepared by a licensed engineer identifying that the distance between the proposed billboard structure at 12921 Garvey Avenue and any other billboard complies with the State of California Outdoor Advertising Act development standards and the Applicant agrees that their proposed billboard sign at 12921 Garvey Avenue will be built in conformance with the State of California Outdoor Advertising Act, including but not limited to being placed 500 feet or more from any other existing billboard. SECTION 5. Ordinance No. 1516 is approved for introduction and first reading on February 19, 2025 and adoption at the second reading on , 2025. SECTION 6. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. 65431.00103\43240607.2 Ordinance 1516 Page 5 PASSED AND APPROVED ON THE _ day of , 2025 ALEJANDRA AVILA, MAYOR CHRISTOPHER SAENZ, CITY CLERK STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, CHRISTOPHER SAENZ, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was regularly introduced and placed upon its first reading at a regular meeting of the City Council on February 19, 2025. Thereafter, said Ordinance No. 1516 was duly approved and adopted at a regular meeting of the City Council on , 2025 by the following vote: AYES: NOES: ABSTAIN: ABSENT: CHRISTPHER SAENZ, CITY CLERK 65431.00103\43240607.2 RECORDING REQUESTED BY AND WHEN RECORDED RETURN TO: City of Baldwin Park c/o City Clerk 4403 E. Pacific Avenue Baldwin Park, CA 91706 [Exempt From Recording Fee Per Gov. Code §6103] (Space Above Line for Recorder's Use) DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BALDWIN PARK, a California municipal corporation ALLVISION LLC, a Delaware limited liability company 65431.00103\43125504.2 [Exempt From Recording Fee Per Gov. Code §6103] DEVELOPMENT AGREEMENT BETWEEN THE CITY OF BALDWIN PARK AND ALLVISION LLC This Development Agreement (hereinafter "Agreement") is entered into this day of , 2025 (hereinafter the "Effective Date"), by and between the City of Baldwin Park (hereinafter "City"), and Allvision LLC, a Delaware limited liability company (hereinafter "Developer"), as agent for the Los Angeles County Metropolitan Transportation Authority ("Owner"). RECITALS This Development Aareement is predicated upon the followina facts: A. The Development Agreement Act (Government Code section 65864 et seq.) authorizes cities to enter into binding development agreements with persons having a legal or equitable interest in real property for the development of such property, all for the purposes of strengthening the public planning process, encouraging private participation and comprehensive planning and identifying the economic costs of such development. B. Owner represents and warrants it is the owner of certain real property located adjacent to and on the north side of the Interstate 10 Freeway at , in the City of Baldwin Park, also known as the "Metro Transportation Baldwin Park" (APN: 8555-006-900), as more specifically described in Exhibit "A" attached hereto and incorporated herein (the "Site"). C. Developer desires to install on the Site a new double -sided 14 x 48-foot digital display which is oriented toward the east and west along the Interstate 10 Freeway, as more particularly described in the Scope of Development attached hereto as Exhibit "B" and as depicted in the Site Plan attached hereto as Exhibit "C" and incorporated herein (the "New Digital Billboard" or the "Project"). D. Pursuant to that certain Second Amended and Restated Revenue Services Contract between Developer and Owner ("Owner Agreement"), Developer has an interest in developing the New Digital Billboard. E. Developer and City recognize that Owner has a legal or equitable interest in the Site and Developer, as Owner's agent, also has an interest in the Project, and is qualified to enter into this Agreement in accordance with the Development Agreement Act. F. In anticipation of the implementation of the Project, the Developer has made or will make application to the City (in its governmental capacity) for certain approvals, entitlements, findings, and permits required for the implementation of the Project, 65431.00103\43125504.2 including, a sign use permit, and an application for a development agreement for the Project under the Development Agreement Act. G. To mitigate the impact of the installation of the New Digital Billboard and in consideration of the City's agreement to enter into this Agreement with Developer and grant the approvals sought by Developer for the New Digital Billboard, Developer will pay the City an annual Public Benefit Contribution (as such terms are defined below), for the consideration to the City to enter into this Agreement and to mitigate the impact of the installation of the New Digital Billboard and for the Owner (through the Developer as the Owner's agent) to reimburse the City its Project costs. H. The Site is located within the , on property that is zoned . Developer and the City agree that a development agreement should be approved and adopted to memorialize the property expectations of the City and Developer, as more particularly described herein. I. The City Council has specifically considered the Project's environmental impacts and public benefits and approved the Project in compliance with the requirements of the California Environmental Quality Act ("CEQA"). J. This Agreement eliminates uncertainty in planning and provides for the orderly implementation of the Project in a manner consistent with the City's zoning regulations and the General Plan. K. On , 2025, at a duly noticed public hearing, the Planning Commission adopted Resolution No. -2025, recommending approval of this Agreement (Development Agreement No. -25) to the City Council and requiring Developer's compliance with the specific Conditions of Approval stated therein. In addition, at the same meeting, the Planning Commission adopted Resolution No. -2025, approving Design Review No. -25. L. On , 2025, the City Council found that, as a result of the Project, the City's Development Approvals and this Agreement, substantial public benefits will accrue to the public and that it is in the best public interest of the City and its residents, to adopt this Agreement. This Agreement and the proposed Development (as hereinafter defined) will achieve a number of City objectives, including but not limited to utilizing the Site for a revenue -generating use. M. On , 2025, the City Council, at a duly noticed hearing to consider the approval of this Agreement, considered the proposal, heard testimony, and introduced Ordinance No. , which Ordinance approves this Agreement. N. On , 2025, the City Council held the second reading on, and adopted Ordinance No. , thereby approving this Agreement. O. The City finds and determines that all actions required of the City precedent to approval of this Agreement by Ordinance No. of the City Council have been duly and regularly taken. 2 65431.00103\43125504.2 NOW, THEREFORE, pursuant to the authority contained in the Development Agreement Act, as it applies to the City, and in consideration of the above recitals and of the mutual covenants hereinafter contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1.1. Definitions. This Agreement uses a number of terms having specific meanings, as defined below. These specially defined terms are distinguished by having the initial letter capitalized, when used in the Agreement. In addition to the terms defined in the Recitals above, the defined terms include the following: 1.1.1 "Additional Revenue" means revenue received from a third -party for use of the support structure of the New Digital Billboard for the installation of Telecommunications Facilities. 1.1.2 "Agreement" means this Development Agreement and all attachments and exhibits hereto. 1.1.3 "Anniversary Date" is the annual reoccurrence of the Commencement Date. corporation. 1.1.4 "City" means the City of Baldwin Park, a California municipal 1.1.5 "City Council" means the City Council of the City. 1.1.6 "City Fees" means all fees and charges required by City that are customarily and uniformly applied to all construction or development related activity including, but not limited to, fees for land use applications, building permit applications, building permits, grading permits, hauling permits, encroachment permits, demolition permits, lot line adjustments, street vacations, inspections, certificates of occupancy and plan check. 1.1.7 "Commencement Date" means the date that is five (5) business days after the satisfaction of the Completion Requirements. 1.1.8 "Completion Requirements" means (i) issuance of all Development Approvals, Final Permits and/or compliance with all requirements under applicable laws required to operate the New Digital Billboard and the expiration of all applicable challenge periods related to the foregoing without the filing of any challenge or appeal (or if a challenge or appeal has been filed, such challenge or appeal has been resolved on terms reasonably satisfactory to Developer), as evidenced by written notice thereof from Developer to the City, and (ii) completion of construction of the New Digital Billboard, such that Developer can immediately commence operation of the New Digital Billboard (as determined by Developer in its reasonable discretion) for the display of third party advertising, as evidenced by written notice thereof from Developer to the City. 65431.00103\43125504.2 1.1.9 "Developer" means All Vision LLC, a Delaware limited liability company duly existing and operating, and its successors and assigns. 1.1.10 "Development" means the installation of a New Digital Billboard on the Site and underground utilities connecting Southern California Edison's electrical source to the New Digital Billboard, as well as any other improvements to the Site for the purpose of completing the structures, improvements and facilities comprising the Project. 1.1.11 "Development Agreement Act" means Article 2.5 of Chapter 4 of Division 1 of Title 7 (Sections 65864 through 65869.5) of the California Government Code, as the same may be amended or re -codified from time to time. 1.1.12 "Development Approvals" means any and all permits, licenses, consents, rights and privileges that are prerequisites to construct and operate the New Digital Billboard, including without limitation, the approval of the Board of Directors of Owner, and that are approved or issued by the City in connection with the Project on or before the Effective Date, including, without limitation, this Agreement and the following entitlements: the Resolution No. approved by the Planning Commission on 2025, and approval of the City Council by Ordinance No. on , 2025, as further described at Section 4.3 herein. 1.1.13 "Effective Date" means the date inserted into the preamble of this Agreement, which is thirty (30) days following (a) approval of this Agreement by ordinance of the City Council, provided this Agreement is signed by Developer and the City, (b) the Development Approvals have been approved; and (c) expiration of all applicable challenge periods without the filing of any challenge or appeal (or if a challenge or appeal has been filed, such challenge or appeal has been resolved on terms reasonably satisfactory to Developer) related to the Development Approvals and CEQA. 1.1.14 "Final Permits" shall mean all necessary/required permits and inspections by all governmental and utility agencies, including any permits and approvals required by the California Department of Transportation, to construct and operate the New Digital Billboard and related improvements, which are signed and dated by the City, as applicable. Final Permits do not include the Development Approvals. 1.1.15 "Land Use Regulations" means all ordinances, resolutions, codes, rules, regulations and official policies of the City, including, but not limited to, the City's General Plan, Municipal Code and Zoning Code, which govern development and use of the Site, including, without limitation, the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of the New Digital Billboard, and the design, improvement and construction standards and specifications applicable to the Development or the Site which are in full force and effect as of the Effective Date of this Agreement, subject to the terms of this Agreement. Land Use Regulations shall also include the federal National Pollutant Discharge Elimination System ("NPDES") regulations and approvals from the California Department of Transportation Outdoor Advertising Division, to the extent applicable. C! 65431.00103\43125504.2 1.1.16 "Lease" means the lease, license, or contract as the case may be, for the Site between Owner, as landlord or licensor (or similar term), and Developer, as tenant or licensee (or similar term), as set forth in the Owner Agreement or any written lease agreement entered into between Owner and Developer pursuant thereto. In the event that Developer is subsequently granted an easement over the Site for purposes of developing and operating outdoor advertising structures thereon, which easement supersedes Developer's license or leasehold interest therein, all references to herein "Lease" or Developer's leasehold interest shall be deemed to refer Developer's easement over the Site. 1.1.17 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device, a lender or each of their respective successors and assigns. 1.1.18 "Official Records" means the official Records of Los Angeles County, California. 1.1.19 "Owner Agreement" means that certain Second Amended and Restated Revenue Services Contract dated as of June 29, 2017 entered into between Owner and Developer, as amended, governing, among other things, use and development of the Site for outdoor advertising purposes. 1.1.20 "Processing Fee" is the fee which is in addition to the payment of City Fees or customary building plan check or building permit fees, and is intended to reimburse the City for fees and costs incurred in connection with City's review, evaluation, and analysis pertaining to the New Digital Billboard, including, but not limited to, legal and consultant fees and feasibility analysis incurred by the City in negotiation and preparation of this Agreement, equal to $25,000. 1.1.21 "Project" means the New Digital Billboard as described in Exhibit "B" consistent with the Development Approvals and the Final Permits. 1.1.22 "Public Benefit Contribution" means the payment from Developer to City pursuant to Section 3.3 of this Agreement, which payment may be used by the City for various public projects and programs. 1.1.23 "Site" refers to the real property described in Recital B and more specifically described on Exhibit "A" attached hereto and incorporated herein. 1.1.24 "Scope of Development" means the Scope of Development attached hereto as Exhibit "B" and incorporated herein. 1.1.25 "Subsequent Land Use Regulations" means any Land Use Regulations adopted and effective after the Effective Date of this Agreement which govern development and use of the Site and Project. 1.1.26 "Subsequent Development Approvals" means any Development Approvals issued subsequent to the Effective Date in connection with the Project. 5 65431.00103\43125504.2 1.1.27 "Telecommunications Facilities" means an antenna or wireless communication device, infrastructure and related equipment for telecommunications, cellular or wi-fi service, surveillance or other video equipment provided by a duly approved and licensed telecommunications service provider. 1.1.28 "Term" shall have the meaning provided in Section 2.4, unless earlier terminated as provided in this Agreement. 1.1.29 "Term Year" shall mean each 12-month period during the Term of this Agreement commencing on the Commencement Date and on each Anniversary Date thereafter. 1.2 Exhibits. The following documents are attached to, and by this reference made a part of, this Agreement: Exhibit "A" (Legal Description of Site), Exhibit "B" (Scope of Development), and Exhibit "C" (Site Plan and Elevations). 2. GENERAL PROVISIONS. 2.1. Application of Agreement. This Agreement shall apply to the development and use of the Project, including the New Digital Billboard and all associated improvements, carried out on the Site. The Project shall be developed and operated in accordance with the Development Approvals, this Agreement, and all applicable federal, state, and local laws, regulations, and ordinances. 2.2. Binding Effect of Agreement. From and following the Effective Date, actions by the City and Developer with respect to the Development, and Project including actions by the City on applications for Subsequent Development Approvals affecting the Site, shall be subject to the terms and provisions of this Agreement, provided, however, that nothing in this Agreement shall be deemed or construed: (i) to modify or amend the Owner Agreement or any Lease entered into pursuant thereto, or any of Developer's obligations thereunder, or to bind or restrict Owner with respect to its ownership or operation of the Site except as expressly set forth herein with respect to the Development, or (ii) to impose any obligation whatsoever on Owner with respect to the Development, except as expressly set forth in this Agreement. 2.3. Interest in Site. The City and Developer acknowledge and agree that Developer is the agent of Owner and thus is qualified to enter into and be a party to this Agreement. The City and Developer acknowledge and agree that Developer has a legal or equitable interest in the Site and thus is qualified to enter into and be a party to this Agreement under the Development Agreement Act. Additionally, prior to the execution of this Agreement, Developer has allowed the City to view a redacted copy of the Owner Agreement which demonstrates that Developer has a leasehold or license or equitable interest in the Site, which interest shall be maintained for the entire Term of this Agreement. If Developer's leasehold or license interest is prematurely and legally terminated by Owner in conformance with the Owner Agreement (other than upon the conveyance of an easement to Developer), then Developer shall have no further obligations under Section 3(a) of the Scope of Development attached hereto as Exhibit "B" Additionally, if Developer's leasehold or license interest is prematurely terminated for 6 65431.00103\43125504.2 any reason (other than upon the conveyance of an easement to Developer), then Developer shall have no further obligations under this Agreement for the Site, however, such termination of interest shall not affect the City's rights or obligations under this Agreement, and the City shall be entitled to pursue any available remedies.. 2.4. Term of Agreement. Unless earlier terminated as provided in this Agreement, this Agreement shall commence on the Commencement Date and continue in full force and effect until the date that is twenty five (25) years after the Commencement Date (the "Term"). Notwithstanding any provision in this Agreement to the contrary, the Term of this Agreement shall automatically expire upon (i) the expiration or earlier termination of the Lease (other than upon the conveyance of an easement to Developer), or (ii) the permanent removal of the New Digital Billboard constructed pursuant to the terms hereof, other than its removal for reconstruction, repair or replacement. Within thirty (30) days after the termination of this Agreement, the parties shall execute a written cancellation of this Agreement which shall be recorded in the Official Records pursuant to Section 9.1 below. If this Agreement is not extended or renewed as set forth herein, then either party may, at its option, elect for Developer to remove the digital displays and restore the portion of the Site affected by the New Digital Billboard to its pre -billboard condition, except the columns can be cut off one (1) foot below grade. 3. DEVELOPER OBLIGATIONS -PUBLIC BENEFIT. 3.1. Processing Fee. Upon submission of this Agreement for approval by the City, Developer paid to the City a one-time non-refundable Processing Fee in the amount of Twenty -Five Thousand and No/100 Dollars ($25,000.00) to reimburse the City for its costs in processing this Agreement, including costs for outside consultants and staff time. 3.2. City Fees. From and after the Commencement Date, Developer shall pay all City Fees for the development of the Project at the rate and amount in effect at the time the fee is required to be paid.' 3.3. Public Benefit Contribution. In consideration for the rights and benefits to Developer under this Agreement, from and after the Commencement Date, Developer shall pay to the City an annual Public Benefit Contribution in an amount equal to the greater of (i) the applicable "Minimum Annual Guaranteed Payment" as specified in the table below, or (ii) the "Annual Percentage Payment" calculated in accordance with Section 3.3.2 below. Year Minimum Guaranteed Payment 1-10 $75,000 11-20 $95,000 21-30 $115, 000 Quarterly Percentage Installment Payment $18,750 10% $23,750 15% $28,750 20% 3.3.1. Payment of the Public Benefit Contribution. From and after the Commencement Date, the Minimum Guaranteed Payment shall be paid to the City on or 'NOTE TO THE CITY: Please provide an estimate of the total City Fees expected to be paid. 7 65431.00103\43125504.2 before the first (1st) day of each calendar quarter in four (4) equal installments as set forth in the table above. Quarterly installments for the calendar quarter in which the Commencement Date occurs as well as the calendar quarter in which the Term expires shall be prorated based upon a ninety (90) day quarter. Within forty-five (45) days after the end of each Term Year, Developer shall calculate the Annual Percentage Payment in accordance with Section 3.3.2 below and shall deliver a payment to the City in an amount equal to the positive difference, if any, between the Annual Percentage Payment and Minimum Guaranteed Payment for such Term Year; provided that no further payment shall be required if the Minimum Guaranteed Payment is greater than the Annual Percentage Payment for such Term Year. 3.3.2. Calculation of Annual Percentage Payment. For purposes of this Section 3.3, "Annual Revenue" shall be defined as (A) all revenues realized and actually received by Developer from the sale of third party advertising on the New Digital Billboard, less (B) agency fees, broker commissions or other fees paid for marketing the New Digital Billboard to advertisers and selling advertising space thereon to third -party advertisers (in an amount not to exceed 16.67% percent). The Annual Percentage Payment for each Term Year shall be an amount equal to (i) the Annual Revenue for such Term Year multiplied by (ii) the Applicable Percentage for such Term Year as set forth in the table above less (iii) the Minimum Annual Guaranteed Payment. Additional Revenue shall not be included within Annual Revenue for purposes of calculating the Annual Percentage Payment nor credited against the amount of any such Annual Percentage Payment. 3.3.3. Audit of Annual Revenue. Developer shall maintain and make available for City's review and audit, all contracts, leases, invoices, and other records that are relevant to the accurate determination of Annual Revenue. The City has the right in its sole discretion conduct an audit annually consistent with the Commencement Date of this Agreement. City shall be entitled once each year of the Term to inspect, examine, copy and audit Developer's books, records and cash receipts as related to Annual Revenue. If the audit shows that there is a deficiency in the determination of Annual Revenue or payment of the Annual Percentage Payment, then Developer shall immediately upon notice pay any such deficiency to City. If the audit shows that there is an overstatement in the determination of Annual Revenue or payment of the Annual Percentage Payment, then City shall immediately upon notice pay Developer any overpayment City received. Developer may offset future payments of the Public Benefit Contribution for any overpayments that are not repaid by City. City shall pay the costs of the audit unless the audit shows that Developer understated Annual Revenue by more than three percent (3%), in which case Developer shall pay the City's costs of the audit. 3.4. Community Benefits. Developer shall also provide the following community benefits during the entire Term of this Agreement. 3.4.1. City's Use of the Billboard. During the entire Term of this Agreement, Developer shall permit the City to place public service announcements in the current rotation of display images on either side of the New Digital Billboard spread out evenly during a 24 hour day at no cost to the City but subject to availability of space; provided that in no event shall the City be entitled to any use of display images on the New Digital Billboard in excess of five percent (5%) of the total available display time on 1.1 65431.00103\43125504.2 either face of the New Digital Billboard during any given Term Year without the written consent of Developer. The City shall be responsible for providing Developer with approved advertising copy and shall also be responsible for any costs associated with providing Developer with artwork in acceptable format per Developer's specifications. City's use is subject to the following conditions and parameters: (1) a copy must be submitted to Developer at least five (5) days before the proposed display date and will be subject to Developer's standard advertising copy rejection and removal policies, which allow Developer, in its reasonable discretion, to approve or disapprove copy and remove copy once posted or displayed, and (2) the City's use of allocated display time for a particular Term Year must be utilized during such Term Year (i.e., no advertisement rights shall accumulate or carryover to the following Term Year). Nothing herein shall give the City the right to sell, barter, trade, or otherwise transfer such advertising rights to any third -person or entity; the same shall be utilized by the City only for its own governmental purposes. The advertising rights available to the City are not assignable, in whole or in part, and any such assignment by the City shall be void ab initio. 3.4.2. Public Safety Alerts. The New Digital Billboard shall be connected into and utilized in connection with the Amber Alert communications network established by the U.S. Department of Justice. Developer shall further cooperate with the City, Caltrans, the Federal Emergency Management Agency and any other federal or state emergency management or public safety authority to display public health and safety emergency alerts in the event of natural disasters or other emergency events at no cost to the City or other applicable agency or authority. 3.4.3. Discount Advertising. Developer shall offer a ten percent (10%) discount off its applicable rates for display of advertising on the New Digital Billboard to any current, active member of the Baldwin Park Chamber of Commerce holding a City - issued business license and with a home office located in the City of Baldwin Park. 3.4.4. City Signage. At the City's request, Developer shall install and maintain on both sides of the New Digital Billboard above the display panel a sign reading "City of Baldwin Park." The design of such sign shall be approved by the City. 3.5. Restrictions on Use. Developer shall not utilize any of the displays on the New Digital Billboard to advertise or communicate tobacco including smoking, e- cigarettes and vaping, marijuana, hashish, "strip clubs," adult entertainment businesses, sexually oriented materials, or use sexually oriented images, or use sexually oriented language. Further, Developer shall not utilize any of the displays on the New Digital Billboard to advertise or communicate any matter that may be prohibited by State or Federal law and any City ordinance existing as of the Effective Date of this Agreement, or as may be amended or implemented from time -to -time after the Effective Date and equally -applicable to all billboard displays by any duly and valid City ordinance. The New Digital Billboard shall at all times be constructed and operated in a manner consistent with the Outdoor Advertising Act of the State of California (Business & Professions Code sections 5200 et seq.) and other applicable State and Federal laws and regulations. 3.6. City's Rights to Use the Site. The City shall have the right to access and install Telecommunications Facilities on the Site that the City deems necessary, in its sole W 65431.00103\43125504.2 discretion for the health, safety and welfare of the public, upon prior written notice and approval from Owner. The City shall be responsible for all of the installation and operating costs of its Telecommunications Facilities, and the City's Telecommunications Facilities shall be installed and operated in a manner that does not unreasonably interfere with or negatively impact visibility or operation of the New Digital Billboard in any manner, including, without limitation, the amount of advertising revenue received by Developer from the operation of the New Digital Billboard or the amount of Additional Revenue derived therefrom. The City shall indemnify, defend and hold harmless Developer and its members, partners, shareholders, officers, directors, employees and affiliates (collectively, the "Developer Parties") from and against any and all claims, lawsuits, actions, proceedings, judgments, losses, costs, claims (including reasonable sums paid in settlement of claims), reasonable attorneys' fees, consultant and expert fees, penalties, damages and liabilities (collectively, "Claims") arising from or related to the installation, operation or use of the Telecommunications Facilities installed on the Site by or on behalf of the City, and from the City's use of the New Digital Billboard (as detailed in Section 3.4.1 above), except to the extent that such Claims arise from the negligence or willful misconduct of any of the Developer Parties. 3.7. Fixed Facility Fee. Should Developer enter into any agreement for the installation of Telecommunications Facilities on the support structure of the New Digital Billboard (other than the Telecommunications Facilities installed by the City pursuant to Section 3.6 above), Developer shall pay to the City an annual fixed facility fee equal to Fifteen Percent (15%) of the total amount of Additional Revenue collected by Developer from the use of the Telecommunications Facilities. The City shall have the right upon request to review and audit the Additional Revenue received by Developer for a period of thirty (30) days after the date on which such Additional Revenue was received. The fixed facility fee shall be due and payable forty-five (45) days after the end of each Term Year. Notwithstanding the foregoing or anything to the contrary set forth in this Agreement, any Telecommunications Facilities installed by Developer or Owner, or their agents, to be used as a part of the Owner's Transportation Communication Network (TCN) Program shall not be subject to the payment of any fee by either Developer or Owner. 4.1. Rights to Develop. Subject to provisions of this Agreement, Developer shall have the right to develop the Site in accordance with, and to the extent of, the Development Approvals, the existing Land Use Regulations, this Agreement and in compliance with all laws, regulations, rules and requirements of all governmental authorities with jurisdiction over the Project. 4.2. Effect of Agreement on Land Use Regulations. Except as otherwise provided under the terms of this Agreement, the rules, regulations and official policies governing permitted uses of the Site, the density and intensity of use of the structures on the Site, the maximum height and size of proposed structures on the Site, and the design, improvement and construction standards and specifications applicable to the Site, shall 10 65431.00103\43125504.2 be as set forth in the Land Use Regulations which are in full force and effect as of the Effective Date of this Agreement, subject to the terms of this Agreement2. 4.3. Development Approvals. Developer shall, at its own expense and before commencement of demolition, construction or development of any structures or other work of improvement upon the Site, promptly and diligently pursue securing or cause to be secured the Development Approvals, a Conditional Use Permit and building permit(s) from the City, and any and all permits and approvals which may be required by any other governmental agency or utility affected by such construction, development or work to be performed by Developer pursuant to the Scope of Development. Not by way of limiting the foregoing, in developing and constructing the Development, Developer shall comply with all: (1) applicable development standards in the City's Municipal Code that were in effect at the time the Agreement and Conditional Use Permit were approved by the City's Planning Commission, (2) applicable NPDES requirements pertaining to the Development, and (3) applicable building codes that were in effect at the time this Agreement and the Conditional Use Permit were approved by the City's Planning Commission, except as may be permitted through approved variances and modifications. Developer shall pay all normal and customary fees and charges applicable to such permits, and any fees and charges hereafter imposed by the City in connection with the Development which are standard and uniformly applied to similar projects in the City. Nothing contained in this Agreement shall be deemed to impose any obligation on Owner with respect to the Development Approvals or the Development, all of which obligations of Owner shall be governed by the terms of the Owner Agreement. Without limiting the foregoing, the City, at no cost or expense to itself, shall take such actions as may be reasonably required to enable Developer to obtain any Final Permits, including without limitation, providing notice of default to a developer or lessee of any City -owned property adjacent to the Site in order to facilitate removal of any outdoor advertising displays or structures located on any City -owned property adjacent to the Site. 4.4. Timing of Development. 4.4.1. The parties acknowledge that that the timing and feasibility of the development of the Property are influenced by various factors, some of which depend upon numerous factors that are not within the control of Developer. However, the parties agree that the City has a vested interest in ensuring timely and orderly development consistent with public welfare and policy objectives. Because the California Supreme Court held in Pardee Construction Co. v. City of Camarillo (1984) 37 Cal.3d 465 (the "Pardee Case") that the failure of the parties therein to provide for the timing of development resulted in a later adopted initiative restricting the timing of development to prevail over such parties' agreement, it is the parties' intent to cure that deficiency by acknowledging and providing that, except as otherwise provided in this Agreement, Developer shall have the right to develop the Project consistent with the Development Approvals in such order and at such rate and at such times as Developer deems 2 Subject to further review of Land Use Regulations. 11 65431.00103\43125504.2 appropriate within the exercise of its sole and subjective business judgment during the Term of this Agreement. This provision shall be broadly construed to provide Developer the greatest amount of time and flexibility (in light of the Pardee Case and any other similar or distinguishing cases) as necessary or appropriate to permit Developer to complete the development of the Project irrespective of later -adopted rules, regulations or initiatives that would otherwise restrict Developer's time to complete the Project. 4.4.2. Developer shall commence construction of the New Digital Billboard on the Site within ninety (90) calendar days and complete the construction within twelve months (12) following: (a) Developer's receipt of a building permit from the City for construction of the New Digital Billboard and related improvements, (b) the issuance of all Development Approvals and Final Permits for construction of the New Digital Billboard and related improvements and (c) the expiration of all applicable challenge periods related to the foregoing without the filing of any challenge or appeal (or if a challenge or appeal has been filed, such challenge or appeal has been resolved on terms reasonably satisfactory to Developer). The Developer shall be granted a one time extension of six months (6) to complete the Digital Billboard upon written notice to City provided they have consistently worked in good faith to complete the construction. In the event that Developer fails to meet the schedule for commencement of construction of the New Digital Billboard set forth above, then after compliance with Section 5.3, either party hereto may terminate this Agreement by delivering written notice to the other party, and, in the event of such termination, neither party shall have any further obligation hereunder. However, if circumstances within the scope of Section 9.10 delay the commencement of construction or completion of construction of the New Digital Billboard, then such delays shall not constitute grounds for any termination rights found within this Agreement and the timeline to commence or complete the relevant task shall be extended in the manner set forth in Section 9.10. Notwithstanding the above, Developer shall, at all times, comply with all other obligations set forth in this Agreement regarding the construction or improvement of the New Digital Billboard. Developer shall also maintain the New Digital Billboard at all times during the Term in accordance with the maintenance provisions set forth in Section 3 of the Scope of Development, attached as Exhibit "B" herein. 4.5. Changes and Amendments. Developer may determine that changes to the Development Approvals are appropriate and desirable. In the event Developer makes such a determination, Developer may apply in writing for an amendment to the Development Approvals to effectuate such change(s). The parties acknowledge that the City shall be permitted to use its inherent land use authority in deciding whether to approve or deny any such amendment request; provided, however, that in exercising the foregoing reasonable discretion, the City shall not apply a standard different than that used in evaluating requests of other developers and any revised agreement is approved by the City Council. Accordingly, under no circumstance shall the City be obligated in any manner to approve any amendment to the Development Approvals. The City Manager shall be authorized to approve any non -substantive amendment except for a change to the term of the Agreement which must be approved by the City Council. All other amendments shall require the approval of the City Council. Nothing herein shall cause Developer to be in default if it upgrades the digital displays installed pursuant to this 12 65431.00103\43125504.2 Agreement during the Term of this Agreement to incorporate newer technology; provided Developer shall secure all applicable ministerial permits to do so and such upgrade is consistent with the dimensions and standards for the displays, as provided under this Agreement, Land Use Regulations and Subsequent Land Use Regulations. 4.6. Reservation of Authority. 4.6.1. Limitations, Reservations and Exceptions. Notwithstanding any other provision of this Agreement, the following Subsequent Land Use Regulations shall apply to the Development: (a) Processing fees and charges of every kind and nature imposed by the City to cover the estimated actual costs to the City of processing applications for Subsequent Development Approvals. (b) Procedural regulations consistent with this Agreement relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice to the City. (c) Changes adopted by the International Conference of Building Officials, or other similar body, as part of the then most current versions of the Uniform Building Code, Uniform Fire Code, Uniform Plumbing Code, Uniform Mechanical Code, or National Electrical Code, as adopted by the City as Subsequent Land Use Regulations, if adopted prior to the issuance of a building permit for development of the New Digital Billboard. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice to the City. (d) Regulations that are not in conflict with the Development Approvals or this Agreement. (e) Regulations that are in conflict with the Development Approvals or this Agreement, provided Developer has given written consent to the application of such regulations to the Development. (f) Applicable federal, state, county and multi -jurisdictional laws and regulations which the City is required to enforce against the Site or the Development, and that do not have an exception for existing signs or legal nonconforming uses. 13 65431.00103\43125504.2 4.6.2. Future Discretion of the City. This Agreement shall not prevent the City from denying or conditionally approving any application for a Subsequent Development Approval on the basis of the Land Use Regulations. 4.6.3. Modification or Suspension by Federal, State, County, or Multi - Jurisdictional Law. In the event that applicable federal, state, county or multi - jurisdictional laws or regulations, enacted after the Effective Date of this Agreement, prevent or preclude compliance with one or more of the provisions of this Agreement, and there is no exception for the legal nonconforming use under applicable federal, state, county or multi -jurisdictional laws or regulations, such provisions of this Agreement shall be modified or suspended as may be necessary to comply with such federal, state, county or multi -jurisdictional laws or regulations, and this Agreement shall remain in full force and effect to the extent it is not inconsistent with such laws or regulations and to the extent such laws or regulations do not render such remaining provision impractical to enforce. Notwithstanding the foregoing, if such change materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice to the City. 4.7. Regulation by Other Public Agencies. It is acknowledged by the parties that other public agencies not subject to control by the City may possess authority to regulate aspects of the Development as contemplated herein, and this Agreement does not limit the authority of such other public agencies. Developer acknowledges and represents that, in addition to the Land Use Regulations, Developer shall, at all times, comply with all applicable federal, state and local laws and regulations applicable to the Development and that do not have an exception for a legal nonconforming use. To the extent such other public agencies preclude development or maintenance of the Development and do not have an exception for a legal nonconforming use, Developer shall not be further obligated under this Agreement. Notwithstanding the foregoing, if such action by another public agency materially changes Developer's costs or otherwise materially impacts its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice to the City. 4.8. Public Improvements. Notwithstanding any provision herein to the contrary, the City shall retain the right to condition any Subsequent Development Approvals on the requirement that Developer pay subsequently required development fees, and/or construct certain subsequently required public infrastructure ("Exactions") at such time as the City shall determine, subject to the following conditions: 4.8.1. The payment or construction must be to alleviate an impact caused by the Development or be of benefit to the Development; 4.8.2. The timing of the Exaction should be reasonably related to the development of the Development and said public improvements shall be phased to be 14 65431.00103\43125504.2 commensurate with the logical progression of the development of the Development, as well as the reasonable needs of the public; 4.8.3. It is understood, however, that if the there is a material increase in cost to Developer, or such action by the City otherwise materially impacts Developer or its performance hereunder, Developer may terminate this Agreement upon ninety (90) days prior written notice to the City. 4.9. Fees, Taxes and Assessments. During the Term of this Agreement, the City shall not, without the prior written consent of Developer, impose any additional fees, taxes or assessments on all or any portion of the Development, except such fees, taxes and assessments as are described in or required by this Agreement, applicable laws and/or the Development Approvals. However, this Agreement shall not prohibit the application of fees, taxes or assessments upon the Site only and not on the New Digital Billboard or Developer directly, except as follows: 4.9.1. Developer shall be obligated to pay those fees, taxes or City assessments and any increases in same which exist as of the Effective Date and applicable to the Development or are included in the Development Approvals; 4.9.2. Developer shall be obligated to pay any fees or taxes, and increases thereof, imposed on a City-wide basis such as, but not limited to, business license fees or taxes or utility taxes applicable to the Development; 4.9.3. Developer shall be obligated to pay all fees applicable to any permit applications as charged by the City at the time such application(s) are filed by Developer; 4.9.4. Developer shall be obligated to pay any fees imposed pursuant to any Uniform Code that exist when the permit applications are filed by Developer or that exist when Developer applies for any Subsequent Development Approvals. 4.10. Changes. Notwithstanding anything to the contrary herein, if there is a change in such fees as compared to those fees in effect as of the Effective Date, or if any additional fees are charged and such additional or increased fees materially change Developer's costs or otherwise materially impacts its performance hereunder, Developer may request to renegotiate the terms of this Agreement to address the financial impact. The City shall consider such a request in good faith but shall retain full discretion in determining whether to amend this Agreement. In no event shall such changes entitle the Developer to terminate this Agreement without mutual written consent, unless the parties agree that no resolution can reasonably be achieved after good faith negotiations. 1:411A01 XOTOTiM UIWEXTIOT4 5.1. Review. In compliance with the Development Agreement Act, the City Council shall have the right to review at its sole cost and expense the Developer's good faith compliance with the terms of this Agreement at least every twelve (12) months during 15 65431.00103\43125504.2 the Term ("Review") and City Council may, in its sole and absolute discretion and at its sole cost and expense, order a Review at any time. No failure on the part of the City to conduct or complete any Review as provided herein shall have any impact on the validity of this Agreement. Developer shall cooperate with the City in the conduct of any such Review. 5.2. City Rights of Access. Subject to the City's execution of a permit to enter the Site in a form reasonably acceptable to Owner, the City and its officers, employees, agents and contractors shall have the right, at their sole risk and expense, to enter the Site without unreasonably interfering with any right-of-way, and at all reasonable times with as little interference as reasonably possible, for the purpose of conducting the Review under this Section 5 or inspection, construction, reconstruction, relocation, maintenance, repair or service of any public improvements or public facilities located on the Site. Any damage or injury to the Site or to the improvements constructed thereon (including, without limitation, the New Digital Billboard) resulting from such entry shall be promptly repaired at the sole expense of the City, provided that the City's obligation shall not apply to damage or injury caused by pre-existing conditions, the negligence or misconduct of the Developer or its agents, or the failure of the Developer to maintain the Site or improvements in accordance with this Agreement. Notwithstanding the foregoing or any other provision in this Agreement (including without limitation Section 5.1 above) to the contrary, the City shall have no right whatsoever to enter the Site unless and until the City executes and delivers to Owner a permit to enter in a form reasonably acceptable to Owner (except that this provision is not intended to interfere with the City's police powers to address any nuisance, dangerous condition, or other condition pursuant to the City's ordinances). Notwithstanding anything to the contrary herein, in no event will the City's representatives ever climb up the pole of the New Digital Billboard during any inspection. 5.3. Procedure. Each party shall have a reasonable opportunity to assert matters which it believes have not been undertaken in accordance with this Agreement, to explain the basis for such assertion, and to receive from the other party a justification of its position on such matters. If, on the basis of the parties' review of any terms of this Agreement, either party concludes that the other party has not complied in good faith with the terms of this Agreement, then such party may issue a written "Notice of Non - Compliance" specifying the grounds therefore and all facts demonstrating such non- compliance. The party receiving a Notice of Non -Compliance shall have thirty (30) days to cure or remedy the non-compliance identified in the Notice of Non -Compliance, but if such cure or remedy is not reasonably capable of being cured or remedied within such thirty (30) day period, then the party receiving a Notice of Non -Compliance shall commence to cure or remedy the non-compliance within such thirty (30) day period and thereafter diligently and in good faith prosecute such cure or remedy to completion. If the party receiving the Notice of Non -Compliance does not believe it is out of compliance and contests the Notice of Non -Compliance, it shall do so by responding in writing to said Notice of Non -Compliance within thirty (30) days after receipt of the Notice of Non - Compliance. If the response to the Notice of Non -Compliance has not been received in the office of the party alleging the non-compliance within the prescribed time period, the 16 65431.00103\43125504.2 Notice of Non -Compliance shall be conclusively presumed to be valid. If a Notice of Non - Compliance is contested, the parties shall, for a period of not less than fifteen (15) days following receipt of the response, seek to arrive at a mutually acceptable resolution of the matter(s) occasioning the Notice of Non -Compliance. In the event that a cure or remedy is not timely completed, the party alleging the non-compliance may thereupon pursue the remedies provided in Section 6; provided, however, that if the Notice of Non -Compliance is contested and the parties are not able to arrive at a mutually acceptable resolution of the matter(s) by the end of the fifteen (15) day period, then either party shall have the right to seek a judicial determination of such contested matter. Neither party hereto shall be deemed in breach if the reason for non-compliance is due to "force majeure" as defined in, and subject to the provisions of, Section 9.10. 5.4. Certificate of Agreement Compliance. If, at the conclusion of any Review, Developer is found to be in compliance with this Agreement, the City shall, upon written request by Developer, issue within thirty (30) days of receipt of the request, a written confirmation ("Certificate") to Developer stating that, after the most recent Review, and based upon the information known or made known to the City Manager and the City Council, that (1) this Agreement remains in effect, and (2) Developer is in compliance. The Certificate shall be in recordable form if requested by Developer and shall contain information necessary to communicate constructive record notice of the finding of compliance. Developer may record the Certificate with the County Recorder. Additionally, Developer may, at any time, request from the City a Certificate stating, in addition to the foregoing, which specific obligations under this Agreement have been fully satisfied with respect to the Site and City shall respond within thirty (30) days of receipt of the request. Failure of the City to respond within the specified timeframe shall not result in a presumption of compliance or satisfaction of obligations. Instead, the Developer may notify the City of the failure to respond, and the City shall have an additional ten (10) business days to provide the requested Certificate. 6.1. Termination of Agreement. 6.1.1. Termination of Agreement for Material Default of Developer. The City, in its discretion, may terminate this Agreement (a) if Developer fails to make the Public Benefit Contribution within fifteen (15) days after the due date, or (b) for any material failure of Developer to perform any material duty or obligation of Developer hereunder or to comply in good faith with the terms of this Agreement (hereinafter referred to as "default' or "breach"); provided, however, the City may terminate this Agreement pursuant to subsection (b) above only after following the procedures set forth in Section 5.3. In the event of a termination by the City under this Section 6.1.1, Developer acknowledges and agrees that the City may retain any portion of the Public Benefit Contribution paid up to the date of termination and Developer shall pay the prorated amount of the Public Benefit Contribution within sixty (60) days after the date of 17 65431.00103\43125504.2 termination and removal of the New Digital Billboard that equates to the percentage of time elapsed in the year of the Term at the time of termination. 6.1.2. Termination of Agreement for Material Default of City. Developer, in its discretion, may terminate this Agreement for any material failure of the City to perform any material duty or obligation of the City hereunder or to comply in good faith with the terms of this Agreement; provided, however, Developer may terminate this Agreement pursuant to this Section only after following the procedures set forth in Section 5.3. 6.1.3. Termination of Agreement Without Default. Developer may terminate this Agreement upon the occurrence of any of the following: (1) if, despite Developer's documented and demonstrable good faith efforts, Developer is unable to secure the Development Approvals and/or the necessary permits (including all Final Permits) and/or comply with requirements under applicable laws as necessary to effectuate the Development, or (2) any governmental agency has concluded a taking or regulatory taking of any material portion of the Site and/or the Development, or (3) the Lease is terminated through no fault of Developer, or (4) Developer is unable to profitably operate the Development despite reasonable and sustained efforts to address operational challenges or (5) if the advertising value of the New Digital Billboard is materially diminished due to circumstances beyond Developer's reasonable control, including, , including, without limitation, a diversion or reduction of vehicular traffic or (6) the view of the New Digital Billboard becomes entirely or partially obstructed or impaired due to actions beyond Developer's reasonable control or (7) any other specific circumstance or event expressly provided which termination is permitted by Developer under this Agreement, or (8) if this Agreement and the development of the Project is not approved by the Board of Directors of Owner. In the event of a termination by Developer under this Section 6.1.3, Developer acknowledges and agrees that the City may retain any portion of the Public Benefit Contribution paid up to the date of termination. If this Agreement is terminated pursuant to subsections (1) or (8) of this Section 6.1.3, then this Agreement shall terminate immediately and Developer shall not be required to make any payment set forth herein and this Agreement shall be of no further force and effect. 6.1.4. Rights and Duties Following Termination. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder, except those conditions that expressly survive the termination hereunder. 7.1. Insurance. 7.1.1. Types of Insurance. (a) Liability Insurance. On or prior to the Effective Date and until completion of the Term, Developer shall, at its sole cost and expense, keep or cause to 18 65431.00103\43125504.2 be kept in force for Developer general liability insurance against claims and liabilities for bodily injury, death or property arising out of or in connection with Developer's activities on the Site under this Agreement and for claims and liabilities covered by the indemnification provisions of Section 7.2. Such insurance shall name the City as an additional insured and shall have the following limits: (i) at least Two Million Dollars ($2,000,000) for bodily injury or death to any one person, (ii) at least Four Million Dollars ($4,000,000) for any one accident or occurrence, and (iii) at least One Million Dollars ($1,000,000) for property damage. Within seven (7) days after written request from the City, Developer shall also furnish or cause to be furnished to the City evidence that any contractors with whom Developer has contracted for the performance of any work under this Agreement for which Developer is responsible maintains the same coverage required of Developer. (b) Worker's Compensation. Within seven (7) days after written request from the City, Developer shall also furnish or cause to be furnished to the City evidence that any contractor with whom Developer has contracted for the performance of any work under this Agreement for which Developer is responsible hereunder carries worker's compensation insurance as required by law. Insurance Policy Form, Sufficiency, Content and Insurer. All insurance required by express provisions hereof shall be carried only by responsible insurance companies qualified to do business by California with an AM Best Rating of no less than "A". All such policies shall be non -assignable and shall contain language, to the extent obtainable, to the effect that (i) the insurer waives the right of subrogation against the City and against the City's agents and representatives except as provided in this Section; (ii) the policies are primary and noncontributing with any insurance that may be carried by the City, but only with respect to the liabilities assumed by Developer under this Agreement; and (iii) the policies cannot be canceled or materially changed except after written notice by the insurer to the City or the City's designated representative as expeditiously as the insurance company agrees to provide such notice. Developer shall furnish the City with certificates evidencing the insurance required to be procured by the terms of this Agreement on or prior to the Effective Date. 7.1.2. Failure to Maintain Insurance. If Developer fails or refuses to procure or maintain insurance as required hereby or fails or refuses to furnish the City with required proof that the insurance has been procured and is in force and paid for, the City, after complying with the requirements of Section 5.3, may view such failure or refusal to be a default hereunder. 7.2. Indemnification. 7.2.1. General. Developer shall indemnify the City and its officers, employees, attorneys, consultants and agents (collectively, "City -Related Parties") against, and will hold and save each of the City -Related Parties harmless from, any and all actions, suits, claims, damages to persons or property, losses, costs, penalties, obligations, errors, omissions, or liabilities (herein "claims or liabilities") that may be claimed or asserted against any City -Related Parties by any person, firm, or entity to the extent arising out of or materially connected with (i) the acts, omissions, negligent work, 19 65431.00103\43125504.2 operations, or activities of Developer, its agents, employees, subcontractors, or invitees, hereunder, upon the Site or (ii) the City's approval of this Agreement or any Development Approvals or Subsequent Development Approvals pursuant hereto or (iii) the performance of any obligations of the City hereunder. (a) Developer will defend any action or actions filed in connection with any such claims or liabilities covered by the indemnification provisions herein and will pay all costs and expenses, including reasonable legal costs and attorneys' fees incurred in connection therewith, which attorneys will be the attorneys hired by the insurance company where insurance coverage applies, or by Developer. (b) Developer will promptly pay any judgment rendered against any City -Related Party for any such claims or liabilities subject to Developer's indemnification obligations as set forth in Section 7.2.1 above. 7.2.2. Exceptions. The foregoing indemnity shall not include claims or liabilities arising from the negligence or willful misconduct of the City, or its officers, agents or employees who are directly responsible to the City. 7.2.3. Additional Coverage. Without limiting the generality of the foregoing, Developer's indemnity obligation shall include any liability arising by reason of: (a) Any accident or other occurrence in or on the Site causing injury to any person or property whatsoever to the extent caused by Developer; (b) Any failure of Developer to comply with performance of all of the provisions of this Agreement; Any harm, delays, injuries or other damages incurred by any party as a result of any subsurface conditions on the Site caused solely by Developer, including but not limited to, the presence of buried debris, hazardous materials, hydrocarbons, or any form of soil contamination. 7.2.4. Loss and Damage. Except as set forth below, the City shall not be liable for any damage to property of Developer, nor for the loss of or damage to any property of Developer by theft or otherwise. The foregoing sentence shall not apply (i) to the extent arising from the gross negligence or willful misconduct by the City or its agents, employees, subcontractors, invitees or representatives when accessing the Site, or (ii) under the circumstances set forth in Section 7.2.2 above. 7.2.5. Period of Indemnification. The obligations for indemnity under this Section 7.2 shall begin upon the Effective Date and shall survive the expiration or termination of the Term of this Agreement (unless earlier terminated prior to commencement of construction of the New Digital Billboard) for the period of five (5) years. Developer's indemnification obligations as set forth in Section 7.2.1 shall terminate concurrently with termination of this Agreement for any reason pursuant to Section 6.1 above prior to commencement of construction. 20 65431.00103\43125504.2 7.3. Waiver of Subrogation. Developer and the City mutually agree that neither shall make any claim against, nor seek to recover from the other party or its agents, servants, or employees, for any loss or damage to Developer or the City or to any person or property relating to this Agreement, except as specifically provided hereunder, which include but is not limited to a claim or liability to the extent arising from the negligence or willful misconduct of the City or Developer, as the case may be, or their respective officers, agents, or employees who are directly responsible to the City and Developer, as the case may be. 8. MORTGAGEE PROTECTION. The parties hereto agree that this Agreement shall not prevent or limit Developer, in any manner, at Developer's sole discretion, from encumbering Developer's interest in the Site or any portion thereof or the Development or any improvement on the Site thereon by any mortgage, deed of trust or other security device securing financing with respect to the Site, however, such encumbrance shall not impair, conflict, or decrease the City's rights and increase the City's obligations under this Agreement. The City acknowledges that the lenders providing such financing may require certain Agreement interpretations and modifications and the City agrees upon request, from time to time, to meet with Developer or Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. Subject to compliance with applicable laws, the City will not unreasonably withhold its consent to any such requested interpretation or modification, provided the City determines such interpretation or modification is consistent with the intent and purposes of this Agreement. Notwithstanding the foregoing, the City shall not be obligated to approve any interpretation or modification that: (i) materially alters the City's rights or obligations under this Agreement; (ii) conflicts with applicable laws or regulations; or (iii) creates additional financial or operational obligations for the City. Upon reasonable approval by the City Attorney, the City authorizes the City Manager to execute any Notices of Consent to Assignment on behalf of the City or similar financial documentation. Any Mortgagee of the Site shall be entitled to the following rights and privileges. 8.1.1. Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Development of the Site or any mortgage of the Site made in good faith and for value, unless otherwise required by law. 8.1.2. The Mortgagee of any mortgage or deed of trust encumbering the Development of the Site or any mortgage or deed of trust encumbering the Site, or any part thereof, which Mortgagee has submitted a request in writing to the City in the manner specified herein for giving notices, shall be entitled to receive written notification from the City of any default by Developer in the performance of Developer's obligations under this Agreement. 8.1.3. If the City timely receives a request from a Mortgagee requesting a copy of any Notice of Non -Compliance given to Developer under the terms of this Agreement, the City shall make a good faith effort to provide a copy of that Notice of Non -Compliance to the Mortgagee within ten (10) days of sending the Notice of Non -Compliance to Developer. The Mortgagee shall have the right, but not the obligation, to cure the non- 21 65431.00103\43125504.2 compliance during the period that is the longer of (i) the remaining cure period allowed such party under this Agreement, or (ii) sixty (60) days. 8.1.4. Any Mortgagee who comes into possession of the Development or the Site, or any part thereof, pursuant to foreclosure of the mortgage or deed of trust, or deed in lieu of such foreclosure, shall take the Development or the Site, or part thereof, subject to the terms of this Agreement. Notwithstanding any other provision of this Agreement to the contrary, no Mortgagee shall have an obligation or duty under this Agreement to perform any of Developer's obligations or other affirmative covenants of Developer hereunder, or to guarantee such performance; except that (i) to the extent that any covenant to be performed by Developer is a condition precedent to the performance of a covenant by the City, the performance thereof shall continue to be a condition precedent to the City's performance hereunder, and (ii) in the event any Mortgagee seeks to develop or use any portion of the Development or the Site acquired by such Mortgagee by foreclosure, deed of trust, or deed in lieu of foreclosure, such Mortgagee shall strictly comply with all of the terms, conditions and requirements of this Agreement and the Development Approvals applicable to the Development or the Site or such part thereof so acquired by the Mortgagee. 9. MISCELLANEOUS PROVISIONS. 9.1. Recordation of Agreement. This Agreement shall be recorded in the Official Records of the Los Angeles County Recorder within ten (10) days of execution, as required by Government Code Section 65868.5. Amendments approved by the parties, and any cancellation, shall be similarly recorded. 9.2. Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties with respect to the subject matter set forth herein, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements which are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement. 9.3. Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, then that term, provision, covenant or condition of this Agreement shall be stricken and the remaining portion of this Agreement shall remain valid and enforceable if that stricken term, provision, covenant or condition is not material to the main purpose of this Agreement, which is to allow the Development to be permitted and operated and to provide the Public Benefit Contribution Fee to the City; otherwise, this Agreement shall terminate in its entirety, unless the parties otherwise agree in writing, which agreement shall not be unreasonably withheld. 22 65431.00103\43125504.2 9.4. Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning, to achieve the objectives and purposes of the parties hereto. The rule of construction, to the effect that ambiguities are to be resolved against the drafting party or in favor of the non -drafting party, shall not be employed in interpreting this Agreement, all parties having been represented by counsel in the negotiation and preparation hereof. 9.5. Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. 9.6. Singular and Plural. As used herein, the singular of any word includes the plural. 9.7. Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 9.8. Waiver. Failure of a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 9.9. No Third -Party Beneficiaries. This Agreement is made and entered into for the sole protection and benefit for the parties and Owner and their respective successors and assigns. No other person shall have any right of action based upon any provision of this Agreement. 9.10. Force Majeure. Notwithstanding any provision to the contrary herein, neither party shall be deemed to be in default where failure or delay in performance of any of its obligations under this Agreement is caused by earthquakes, other acts of God, pandemic, epidemic, fires, rains, winds, wars, terrorism, riots or similar hostilities, strikes and other labor difficulties beyond the party's control (including the party's employment force), government actions and regulations (other than those of the City), court actions (such as restraining orders or injunctions), any delay or breach in performance of Owner's obligations under the Owner Agreement or any other causes beyond the party's reasonable control. If any such events shall occur during the term of this Agreement then the time for performance shall be extended for the duration of each such event, provided that the Term of this Agreement shall not be extended under any circumstances for more than five (5) years beyond the date it would have otherwise expired, and further provided 23 65431.00103\43125504.2 that if such delay is longer than six (6) months, Developer may terminate this Agreement upon written notice to the City and the City shall return to Developer any portion of the Public Benefit Contribution Fee paid for any period after the effective date of such termination. 9.11. 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. 9.12. Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 9.13. Litigation. Any action at law or in equity arising under this Agreement or brought by any party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and tried in the Superior Court of the County of Los Angeles, State of California, or such other appropriate court in said county. Service of process on the City shall be made in accordance with California law. Service of process on Developer shall be made in any manner permitted by California law and shall be effective whether served inside or outside California. 9.14. Covenant Not to Sue. The parties to this Agreement, and each of them, agree that this Agreement and each term hereof are legal, valid, binding, and enforceable. The parties to this Agreement, and each of them, hereby covenant and agree that each of them will not commence, maintain, or prosecute any claim, demand, cause of action, suit, or other proceeding against any other party to this Agreement, in law or in equity, which is based on an allegation, or assert in any such action, that this Agreement or any term hereof is void, invalid, or unenforceable. 9.15. Development as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the Development is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Developer is that of a government entity regulating the development of property, on the one hand, and the holder of a legal or equitable interest in such property on the other hand. The City agrees that by its approval of, and entering into, this Agreement, that it is not taking any action which would transform this private development into a "public works" development, and that nothing herein shall be interpreted to convey upon Developer any benefit which would transform Developer's private development into a public works project, it being understood that this Agreement is entered into by the City and Developer upon the exchange of consideration described in this Agreement, including the Recitals 24 65431.00103\43125504.2 to this Agreement which are incorporated into this Agreement and made a part hereof, and that the City is receiving by and through this Agreement the full measure of benefit in exchange for the burdens placed on Developer by this Agreement. 9.16. Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 9.17. Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by the City of its power of eminent domain or Developer's or Owner's right to seek and collect just compensation or any other remedy available to it. 9.18. Amendments in Writing/Cooperation. This Agreement may be amended only by written consent of both parties specifically approving the amendment (which approval shall not be unreasonably withheld, conditioned or delayed) and in accordance with the Government Code provisions for the amendment of development agreements. The parties shall cooperate in good faith with respect to any amendment proposed in order to clarify the intent and application of this Agreement and shall treat any such proposal on its own merits, and not as a basis for the introduction of unrelated matters. Minor, non -material modifications may be approved on behalf of the City by the City Manager upon reasonable approval by the City Attorney. 9.19. Assignment. Except with respect to Permitted Assignments (as defined below), Developer shall not transfer or assign its rights and obligations under this Agreement (collectively, an "Assignment") to any person or entity without the prior approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed. Notwithstanding the foregoing, the Permitted Assignments shall not be deemed an "Assignment" for the purposes of this Agreement and shall not require the prior approval of the City; provided that, (a) Developer shall notify the City in writing of such proposed Permitted Assignment at least thirty (30) days prior to the effective date of any proposed assignment or transfer, (b) Developer and such assignee shall enter into a written assignment and assumption agreement, executed in recordable form, pursuant to which such assignee shall agree to assume all duties and obligations of Developer under this Agreement remaining to be performed from and after the date of such assignment, (c) Assignee must be another company that currently owns and operates digital billboard signs of similar size and financial qualifications as the Developer, and Assignee must demonstrate financial capacity and operational qualifications equal to or exceeding those 25 65431.00103\43125504.2 of Developer as of the Effective Date. For purposes of this Agreement, "Permitted Assignment" shall mean (i) a transfer or assignment to any person or entity in connection with a transfer or assignment of all of Developer's interest in the Lease or the Owner Agreement, (ii) a transfer or assignment to a corporation, limited liability company or partnership in which Developer, individually or collectively, hold a voting and financial interest in excess of fifty percent (50%), (iii) a transfer or assignment to a member of Developer, (iv) a transfer or assignment to a trust or other estate planning entity formed for the benefit of Developer's immediate family members (spouse and children), and (v) a transfer or assignment of this Agreement by Developer to Owner. Failure to comply with any condition set forth in this Section shall render the Permitted Assignment invalid and unenforceable, and the Developer shall remain fully responsible for all obligations under this Agreement. 9.20. Corporate Authority. The person(s) executing this Agreement on behalf of each of the parties hereto represent and warrant that (i) such party, if not an individual, is duly organized and existing, (ii) they are duly authorized to execute and deliver this Agreement on behalf of said party, (iii) by so executing this Agreement such party is formally bound to the provisions of this Agreement, and (iv) the entering into this Agreement does not violate any provision of any other agreement to which such party is bound. 9.21. Notices. All notices under this Agreement shall be effective when delivered by United States Postal Service mail, registered or certified, postage prepaid return receipt requested or nationally recognized overnight courier, and addressed to the respective parties as set forth below, or to such other address as either party may from time to time designate in writing by providing notice to the other party: If to the City: City of Baldwin Park 4403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: City Manager If to Developer: Allvision LLC c/o Allvision LLC 125 Park Avenue, 25t" Floor New York, NY 10017 Attn: Greg Smith, CEO With a copy to: Allvision LLC c/o Allvision LLC 125 Park Avenue, 25t" Floor New York, NY 10017 Attn: General Counsel 26 65431.00103\43125504.2 9.22. Nonliability of City Officials. No officer, official, member, employee, agent, or representatives of the City shall be liable for any amounts due hereunder, and no judgment or execution thereon entered in any action hereon shall be personally enforced against any such officer, official, member, employee, agent, or representative. 9.23. No Brokers. The City and Developer each represent and warrant to the other that it has not employed any broker and/or finder to represent its interest in this transaction. Each party agrees to indemnify and hold the other free and harmless from and against any and all liability, loss, cost, or expense (including court costs and reasonable attorneys' fees) in any manner connected with a claim asserted by any individual or entity for any commission or finder's fee in connection with this Agreement or arising out of agreements by the indemnifying party to pay any commission or finder's fee. 9.24. No Amendment of Owner Agreement or Lease. Nothing contained in this Agreement shall be deemed to amend or modify any of the terms or provisions of the Lease or Owner Agreement. Nothing contained in this Agreement shall constitute or be deemed to constitute a limit on any of Developer's obligations under the Owner Agreement or the Lease, or any of Owner's rights or remedies against Developer under the Owner Agreement or the Lease. 9.25. Right of Owner to Assume Agreement. This Agreement is entered into by Developer on Owner's behalf as Owner's agent pursuant to the Owner Agreement. Owner has the right at any time to assume all of the rights and obligations of Developer under this Agreement upon written notice to the City. This Agreement shall remain in full force and effect, notwithstanding Owner's assumption rights. (SIGNATURES ON THE FOLLOWING PAGE) 27 65431.00103\43125504.2 IN WITNESS WHEREOF, the parties hereto have executed this Agreement on the day and year first set forth above. CITY: City of Baldwin Park, a California municipal corporation Enrique C. Zaldivar, CEO Attest: Christopher Saenz, City Clerk Approved as to form: Best Best & Krieger LLP City Attorney DEVELOPER: ALLVISION LLC a Delaware limited liability company By: Its: 28 65431.00103\43125504.2 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On 1 , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) that the A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached, and not the truthfulness, accuracy, or validity of that document. STATE OF CALIFORNIA COUNTY OF On I , before me, (here insert name and title of the officer) personally appeared who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of that the foregoing paragraph is true and correct. WITNESS my hand and official seal. Signature (Seal) 65431.00103\43125504.2 jamil 3 i1_1Y LEGAL DESCRIPTION OF SITE [INSERT] All that certain real property located in the City of Baldwin Park, County of Los Angeles, State of California more particularly described as follows: 65431.00103\43125504.2 Jamil � isle]60 • _ to] -u__r, Developer and the City agree that the Development shall be undertaken in accordance with the terms of the Agreement, which include the following: 1. The Development. Developer shall install the New Digital Billboard on the Site in accordance with the terms of this Agreement. The New Digital Billboard consists of one (1) 3 foot tall, "bulletin" size V-Shaped4 freeway -oriented billboard with a total of two (2) digital displays (each display measuring 14' x 48' within the billboard frame) adjacent to the Interstate 10 Freeway. Before the issuance of final inspection of the Final Permits, Developer shall underground all utilities necessary for the New Digital Billboard and the Site shall be maintained in accordance with the conditions at Section 3 below. 2. Building Fees. Developer shall pay all applicable City building fees at the time that the building permit is issued for the installation of the New Digital Billboard. 3. Maintenance and Access. Developer, for itself and its successors and assigns, hereby covenants and agrees to be solely responsible, at its sole cost and expense, for the following: (a) Prompt maintenance and repair of the New Digital Billboard (where authorized pursuant to the Agreement, and including but not limited to, the displays installed thereon, and all related on -site improvements and, if applicable, easements and rights -of - way, at its sole cost and expense), including, without limitation, poles, lighting, signs and walls (as they relate to the Development) to be kept in good repair, free of graffiti, rubbish, debris and other hazards to persons using the same, and in accordance with all applicable laws, rules, ordinances and regulations of all federal, state, and local bodies and agencies having jurisdiction over the Site. Such maintenance and repair shall include, but not be limited to, the repair, replacement and repainting of the New Digital Billboard's structures and displays as necessary to maintain such billboards in good condition and repair. (b) Maintenance of the New Digital Billboard in such a manner as to avoid the reasonable determination of a duly authorized official of the City that a public nuisance has been created by the absence of adequate maintenance of the Development such as to be detrimental to the public health, safety or general welfare, or that such a condition of deterioration or disrepair causes appreciable harm or is materially detrimental to property or improvements within three hundred (300) feet of the Site. (c) If more than ten percent (10%) of the display is not operational, the entire display shall be turned off and remain black until the display is repaired. 4. Other Rights of the City. In the event of any violation or threatened violation of any of the provisions of this Exhibit "B", then in addition to, but not in lieu of, any of the 3 Open - subject to completion of Site Plan. 4 Open — subject to completion of Site Plan. Exhibit B 65431.00103\43125504.2 rights or remedies the City may have to enforce the provisions of the Agreement, the City shall have the right, after complying with Section 5.2 and Section 5.3 of the Agreement, to enforce the provisions hereof by undertaking any maintenance or repairs required by Developer under Section 3 above (subject to the execution of a permit to enter in form reasonably acceptable to Owner) and charging Developer for any actual out-of-pocket maintenance costs incurred in performing same. 5. No City Liability. The granting of a right of enforcement to the City does not create a mandatory duty on the part of the City to enforce any provision of the Agreement. The failure of the City to enforce the Agreement shall not give rise to a cause of action on the part of any person. No officer or employee of the City shall be personally liable to Developer, its successors, transferees or assigns, for any default or breach by the City under the Agreement. 6. Conditions of Approval. The following additional conditions shall apply to the installation of the New Digital Billboard and, where stated, which billboard shall conform to all applicable provisions of the Development Approvals and the following conditions, in a manner subject to the approval of the Director of Planning or his or her designee:5 (a) A building permit will be required, and structural calculations shall be prepared by a licensed civil engineer and approved by the City. (b) The Billboard shall be located in the portion of the Site shown on Exhibit "C" and shall be of the dimensions described in Section 1, above. (c) Except to the extent a variance is granted by the City, the size of each sign display of the New Digital Billboard shall not exceed the dimensions set forth in the Ordinance, and shall not exceed the maximum height set forth in the Ordinance, including all extensions, and shall be spaced at intervals from any other billboard on the same side of the freeway and measured parallel to the freeway as set forth in the Ordinance and depicted in the Site Plan attached hereto as Exhibit "C" approved by the City as part of the Development Approvals. (d) Plans and specifications for the proposed installation of the New Digital Billboard shall be submitted to the City Planning and Building Departments for plan check and approval prior to the issuance of building permits. Plans and specifications for the proposed installation of the undergrounding of all utilities, shall be submitted to the City Planning and Building Departments for plan check and approval prior to the issuance of electrical permits. (e) Prior to the approval of the final inspection, all applicable conditions of approval and all mandatory improvements shall be completed to the reasonable satisfaction of the City. 5 Items listed below subject to finalizing Site Plan and Review of Land Use Regulations Exhibit B 65431.00103\43125504.2 (f) Developer shall maintain the New Digital Billboard and use thereof in full compliance with the Agreement, and all applicable codes, standards, policies and regulations imposed by the City, county, state or federal agencies with jurisdiction over the facilities. (g) Developer shall, at all times, comply with the terms of the approval for the New Digital Billboard from the California Department of Transportation Outdoor Advertising Division, including obtaining a State ODA Permit and shall maintain acceptable clearance between proposed billboards and Southern California Edison distribution lines. (h) Developer shall pay any and all applicable fees due to any public agency prior to the final issuance of the applicable building or electrical permits. (i) The activities proposed in the Agreement shall be conducted completely upon the Site and shall not use or encroach on any public right-of-way. 0) Developer shall ensure that all access to the New Digital Billboard is kept restricted to the general public to the extent permitted under local laws and by the Development Approvals. (k) Developer shall comply with all necessary federal National Pollutant Discharge Elimination System (NPDES) requirements pertaining to the proposed use, to the extent applicable. (m) All graffiti shall be adequately and completely removed or painted over promptly following notice to Developer of such graffiti being affixed on the Development. (n) Developer shall comply with State law regarding the limitation of light or glare or such other standards as adopted by the Outdoor Advertising Association of America, Inc. (OAAA), including but not limited to, the 0.3 foot-candles limitation over ambient light levels at a distance of 250 feet, and ensuring additional flexibility in reducing such maximum light level standard given the lighting environment and the obligation to have automatic diming capabilities. Upon any reasonable complaint by City Manager or his or her designee, Developer shall perform a brightness measurement and display using OAAA standards and provide City with the results of same within five (5) days of City's complaint. Exhibit B 65431.00103\43125504.2 R. � SITE PLAN AND ELEVATIONS [See Attached] Exhibit C 65431.00103\43125504.2 RESOLUTION PC 2025-004 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK 1) APPROVING A DEVELOPMENT AGREEMENT FOR THE CONSTURCITON OF A TWO-SIDED DIGITAL BILLBOARD LOCATED IN THE RAILROAD RIGHT- OF-WAY ADJACENT TO 3100 BALDWIN PARK BLVD, WITH THE SPECIFIC LOCATION SHOWN ON THE PLANS ON FILE WITH THE CITY PLANNER, AND 2) ADOPTING AN INITIAL STUDY AND MITIGATED NEGATIVE DECLARATION AND MITIGATION MONITORING AND REPORTING PROGRAM. (LOCATION: 3100 BALDWIN PARK BLVD.; APPLICANT: ALLVISION, LLC. CASE NUMBER: DA 24-01). SECTION 1. The City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) An application ("Application") for a Development Agreement was submitted by Allvision, LLC for a project on a certain real property, located at 3100 Baldwin Park Blvd. in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and (b) The Application was for a Development Agreement between the Applicant and the City for a new two-sided digital billboard; and (c) A duly noticed public hearing was held on February 19, 2025, for said Application by City Council, and based upon evidence presented including applicable staff report and each member of the City Council being familiar with the property, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Application are present and that the Development Agreement should be granted, subject to the terms of this Resolution; and (d) Each fact set forth in the staff report dated February 19, 2025 from Nick Baldwin, City Planner to the Mayor and City Council ("Staff Report") is true and correct. SECTION 2. An Initial Study was prepared for the proposed Project in accordance with the provisions of the California Environmental Quality Act (CEQA), as amended, and the CEQA Guidelines. The City, as the Lead Agency, has determined, on the basis of the Initial Study, that the proposed Project will not have a significant impact on the environment and a Mitigated Negative Declaration was prepared; and Resolution CC 2025-004 February 19, 2025 Page 2 (a) The Initial Study and Mitigated Negative Declaration were made available to the public for review and comment as required by law between December 23, 2024 to January 13, 2025; and (b) Comments were received on the Initial Study and Mitigated Negative Declaration from Mark Baker; and (c) A properly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on January 22, 2025, at which time evidence was heard on the Initial Study and Mitigated Negative Declaration and proposed Development Agreement. At the hearing, the Planning Commission fully reviewed and carefully considered that evidence, no additional comments were received at the hearing, and the Planning Commission recommended approval of the Negative Declaration for the Project; and (d) A properly noticed public hearing was held by the City Council of the City of Baldwin Park on February 19, 2025, at which time evidence was heard on the Initial Study and Mitigated Negative Declaration and proposed Development Agreement; and SECTION 3. The City Council reviewed and considered the Mitigated Negative Declaration of Environmental Impact and determined the Project will not have a significant impact on the environment. The Negative Mitigated Declaration is therefore hereby approved. SECTION 4. The City Council does hereby adopt the following Findings of Fact applicable to all Development Agreements: (a) 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. The proposed digital billboard project is consistent with the General Plan, specifically Goals 1 and 5 of the Economic Development Chapter. Goal 1 encourages and facilitates activities that expand the City's revenue base. The City will collect fees as negotiated through the Development Agreement, which will bring much needed revenue to the City. Also Goal 5 of the same chapter promotes economic development along the 1-10 corridor through the establishment of uses most likely to benefit from freeway frontage. The proposed project fits this description since the billboards location next to the freeway is essential for the advertising to reach potential customers. (b) 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. The proposed billboard will be located in the FC, Freeway Commercial zone, which is intended commercial uses that benefit from close proximity to the freeway. The digital billboard will be Resolution CC 2025-004 February 19, 2025 Page 3 constructed immediately adjacent to the freeway and will capitalize on the thousands of potential customers that travel this particular section of the I- 10 freeway. (c) 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 proposed billboard will not be detrimental to the general welfare of the persons residing in the area or injurious to the property or persons in the general neighborhood or city as a whole. The lower section of the billboard will take up a tiny portion of land of approximately 36 square feet in area and this land is located in the railroad right-of-way where other commercial uses are not typically allowed by Metro. Also, the billboard advertising faces will be oriented toward the freeway and not be very visible, if at all, from the neighboring properties. The billboards will operate in a safe manner pertaining to brightness and frequency of scrolling that are established by Federal, State, and local standards. (d) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Cal. Gov't Code Section 65864 through 65869.5 are State laws that govern how development agreements shall be completed and the City's Municipal Code Section pertaining to development agreements, BPMC 153.210.850, provides local standards and processes for development agreements that are consistent with State law. SECTION 5. The City Clerk shall certify to the adoption of this Resolution and forward a copy hereof to the City Clerk and the Applicant. PASSED AND APPROVED this 19th day of February, 2025. ALEJANDRA AVILA MAYOR Resolution CC 2025-004 February 19, 2025 Page 4 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, CHRISTOPHER SAENZ, Clerk of the Baldwin Park City Council, do hereby certify that the foregoing Resolution No. 2005-004 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 19th day of February, 2025 by the following vote: AYES: NOES: ABSTAIN: ABSENT: CHRISTOPHER SAENZ CITY CLERK ,, �� 1 I 1 1��1 os �o`at � �f �` ``.�,. ;� ✓ ,ram 1 I 1 c 11 u I O iFn 1 1 1 I o A� . 13 1 wz �7 o c� o u�c / O �(`},V 1 � c y s �m ao 4� I ,F m 5 - v — " m 0 5i m 4 C o MmiER. AIIVision LACMTALAND Z " O bO PROJECTAMREss- Baldwin Park, CA. 9i 70@ (Address to be Verified) ry a, v m g New 14'x48' Double Face Digital Billboard p� �� Ut @ v z A `s'm pb 0 O Z Q � m I m _ o N NON m m z 0 o z _ I 0 _ Z - o m _ -i Fi, z 6:.g. °a O a� ® 1 c z Ile T I 0 m o �o 110 a � z I T f l I Ell r G ? Lj C tt j G l 4� A Z � t. Gp z L m� }. FRGEVYAY IDE °v�ndea. AIIVaion , LA m PRWEcrnooaEss: Baidvnn Park, �A. 91766 (Address to be Verified) i^" C n - o D z _ New 14'x48' Double Face Digital Billboard o{ rns inzm — ZL _. cmi i I, I ° LI I AO' U(h N[IG41 IB3IT 7 __iiLDLM1.11SCrtL._ m > O pr Za eb Out - a O °` �Z Am iN m 0 -i ° Z = I _ _s e/ ° -- o � ^z 7,/ owmER: AIIVision m LAC TA LAND m O p PROJECTA➢DRESS: Baldwin Park, CA. 91706 (Address 10 be Verified) 0 _ New 14'x48' Double Face Digital s # o - - m tal Billboard _� Z From: Mark Baker To: Nick Baldwin Cc: Los Angeles Beautiful; NO DIGITAL BILLBOARDS IN SAN JOSE Subject: 3100 Baldwin Park Blvd Digital Billboard - Public Comment from the Soft Lights Foundation Date: Friday, January 3, 2025 6:32:29 PM Attachments: Administrative Record - LED Lights.odf Health and Environmental Impact Assessment,pdf ;Au'r1 1N. This email originated from outside of the organization. DO NOT click links or open attachments unless you recognize the sender and know the content is safe. If you are unsure about an attachment or have questions. Dlease contact IT SuDDort. Dear Nick Baldwin, AICP, City Planner, Baldwin Park, California, Please find attached a report from the Soft Lights Foundation regarding the environmental and health impacts of LED light. This information shall be used by city officials for any project that uses LEDs, including LED digital billboards. The attached information has been customized for the proposed digital billboard at 3100 Baldwin Park Blvd. LEDs emit light with special characteristics that must be accounted for during the planning portion of any project involving LEDs, such as LED digital displays. Planners must specify the luminance, radiance, beam angle, spectral power distribution, and flicker characteristics of the LED light source. Traditional measurement techniques such as using a lux meter are not valid for an LED light source because of the special characteristics of LEDs. This email establishes part of the Administrative Record for any project involving LED products, including LED digital billboards, and shall be produced as part of any Public Records Request or CEQA Action. Sincerely, Mark Baker President Soft Lights Foundation www.softli hg ts.org mbaker@softli ahts.org X: @softlights_org Bluesky: @softlights-org.bsky.social From: Mark Baker To: Nick Baldwin Subject: 3100 Baldwin Park Blvd Digital Billboard - Public Comment from the Soft Lights Foundation Date: Saturday, January 4, 2025 10:33:06 PM CAUVION, This email originated from outside of the organization. DO NOT click links or open attachments unless you recognize the sender and know the content is safe. If you are unsure about an attachment or have questions, please contact IT Support. Dear Nick Baldwin, AICP, City Planner, Baldwin Park, California, I am sharing with Baldwin Park this video which demonstrates how LEDs are not point sources and that the LED light does not disperse following an inverse square law. (htWs://youtu.be/Kju-jQLIy uc0). FKA's analysis of the light distribution from an LED digital billboard is fatally flawed because of their invalid assumption that the light from an LED disperses rapidly following an inverse square law. In fact, LEDs are directional, and there is little dispersion over distance, which causes significantly more harm to drivers and property owners than FKA's analysis shows. Sincerely, Mark Baker President Soft Lights Foundation www.sofitights.org mbakergsoftlights.org X: @softlights_org Blues@ @softlights-org.bsky.social From: Mark Baker To: Nick Baldwin Subject: 3100 Baldwin Park Blvd Digital Billboard - Public Comment from the Soft Lights Foundation Date: Saturday, January 4, 2025 11:01:22 PM Attachments: image.png CAUTION: This email originated from outside of the organization. DO NOT click links or open attachments unless you recognize the sender and know the content is safe. If you are unsure about an attachment or have questions, please contact IT Support. Dear Nick Baldwin, AICP, City Planner, Baldwin Park, California, I wish to provide another source of evidence that LEDs are not point sources and that the light from an LED digital display does not disperse following an inverse square law. This information is from the Lighting Resource Center at Rensselaer Polytechnic Institute. Note: the inverse square 1-mv, Can only-, be used in. cases vhere the kgjit source .. . . . .... ........ lacar arnl )c rtian kg sources {,see Sec6on 43, Tambertian fiiiussionsand Rdection'), i useftAguide6ie tta use for illun-tinxice mcasurcrnen'ts is tile, "five times rile" (he distance fro the measurement point to ffic lioit source sl-iotM bc greater thmi fiv c tkics dic Largest (Emension of the source, for an accurate measurement. I lowever, dic five dmcs nile does im %vork- for a stroqgly directional hgjit source. (https://www.Irc.rpi.edu/resources/publications/12df/illuminationfund.pdf) LEDs are strongly directional and the so-called Five Times Rule is not applicable to LEDs. Sincerely, Mark Baker President Soft Lights Foundation www.soft]ights.org mbaker(&.softliahts.om X: @softlights_org Bluesky: @softlights-org.bsky. social 9450 SW Gemini Drive ak v �x ad; w PMB 44671 �1xk Beaverton, OR 97008 www.softlights.org ADMINISTRATIVE RECORD - LED LIGHTS AND LED DISPLAYS By Soft Lights Foundation 1 Any agency that is considering a project involving a Light Emitting Diode ("LED") must recognize that the use of LED products can create discriminatory barriers which interfere with path -of -travel for certain individuals. Therefore, an agency which is considering a project involving LEDs is required to perform an analysis to establish an Administrative Record that the agency has dutifully considered the impacts of LED lights and LED displays on the civil rights of all individuals, including those with disabilities. 14th Amendment Equal Protection GEause The 14th Amendment Equal Protection Clause of the US Constitution requires state and local governments to ensure that all individuals are provided equal protection. The introduction of LED lights and LED displays has created two classes of individuals: those who can neurologically tolerate LED light, and those who cannot neurologically tolerate LED light. Both classes must be treated equally. Therefore, if an agency wishes to use LED lighting or an LED display in a public space, the agency must publish a policy that explains how the class of individuals who cannot tolerate LED light will be afforded equal protection. Individuals with Disabilities The use of LED light discriminates against certain individuals with disabilities such as individuals with epilepsy, autism, migraines, PTSD, photophobia, and other neurological conditions because the LED light triggers non -epileptic and epileptic seizures, migraines, nausea, vomiting, anxiety, panic, and thoughts of suicide. The use of LED light may subject these individuals to discrimination and will violate their civil rights, and thus an agency considering the use of LED light must publish an analysis of the impacts of the LED lights or LED displays on individuals with disabilities. Rehabilitation Act Section 504 Section 504 of the Rehabilitation Act prohibits discrimination against individuals with disabilities for projects that receive federal funding. An agency that is considering using LED light for a project that receives federal funding must publish an analysis showing that the LED lights or LED displays will not create an unlawful discriminatory barrier. 1of2 y - - - -owl The Americans with Disabilities Act ("ADA") prohibits discrimination and protects the right to path -of -travel without discriminatory barriers. For architectural changes such as the alteration of installing LED lights, 28 C.F.R. 35.151(b)(1) states: Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992. 28 C.F.R. 35.151(b)(1) thus requires that the alteration of installing or operating LED lights or LED displays must ensure that the altered area be readily accessible and usable by individuals with disabilities. Since LED light interferes with path -of -travel for certain individuals with disabilities, an agency that is considering installing or operating LED lights or LED displays must publish an analysis of the path -of -travel impacts of LED lights and LED displays on individuals with disabilities. US Food and Drug Administration 21 U.S.C. 360ii(a) states, "The Secretary shall establish and carry out an electronic product radiation control program designed to protect the public health and safety from electronic product radiation." Thus, The US Food and Drug Administration ("FDA") is required under 21 U.S.C. 360ii to establish a Radiation Control Program for LED products to minimize exposure to, and emissions of, LED Visible Light electromagnetic radiation from electronic products. However, the FDA has failed to comply with this statute, and the FDA has not published any performance standards for LED products to ensure the health, safety, and civil rights of the public. Thousands of reports of harm from exposure to LED products have been submitted to the FDA, but the FDA has not acted on these reports. Any agency that is considering the installation or operation of LED lights or LED displays must follow administrative law and establish an Administrative Record of analysis showing that the proposed LED project will not violate the 14th Amendment Equal Protection Clause, Rehabilitation Act Section 504, or Americans with Disabilities Act. December 20, 2024 2of2 9450 SW Gemini Drive PMB 44671 Beaverton, OR 97008 January 3, 2025 BY EMAIL Nick Baldwin, City Planner Baldwin Park, California nbaldwin@baldwinpark.com Re: Health and Environmental Impacts of LED Digital Billboards Dear Nick Baldwin, The US Department of Energy states that LEDs are a "radically new technology" that emit a "directional" light with "unique characteristics".' LED digital displays are known to cause seizures and migraines for certain individuals with disabilities, and thus their use in public spaces creates an unlawful discriminatory barrier. In Appendix A of the Baldwin Park Metro Sign Lighting Study by Francis Krahe and Associates, page 7, the authors state, "Light degrades rapidly relative to the distance from the light source (see Inverse Square Law, Glossary, below)." This is not a true statement for directional light sources from a flat surface LED chip. Physicist Dr. M. Nisa Khan, in her December 2024 book Blinding LED Headlights, on page 42 states, "It started with mainstream refusing to recognize that a flat radiator, such as an LED chip, is not a point source and it does not obey the inverse -square law for light emission in space."z In addition, Dr. Khan writes that she has proven mathematically that an LED emits a non -uniform Lambertian spatial profile. Both statements are consistent with the DOE's statement that LEDs are a "directional" light with "unique characteristics." The Illuminating Engineering Society quoted by Francis Krahe has not yet publicly acknowledged that LED light does not follow an inverse square law, and that LED light is spatially non -uniform in a Lambertian shape. Because of the failure of the IES to update their standards for flat surface emitters such as LEDs, Francis Krahe has made a major error by claiming that LED light sources follow an inverse square law and assuming that LEDs emit spatially uniform light. Thus, the entire lighting study by Francis Krahe for the proposed LED digital billboard is invalid. The luminance of the proposed LED billboard is 300 candela per square meter at night. This is orders of magnitude higher than a neon sign which has a luminance of about 8 candela per square meter. Studies have shown that 300 candela per square meter is the upper limit for human comfort, and at night, in contrast with the surroundings, 300 cd/mz will be far too bright. Page 66 of the Draft EIR i hops://wwwl.�ere.eneryav/buildings/publ€catianslpdfs/ssI/ssl lessens -learned 2014.pdf Z hops://www.amazon.com/Blinding-LED-Headlights-Blest Blunder-eboak/dp/BODR6BHGFL?/ref=sr 1 1 1 of 76 states, "The placing of any light source "... of any color of such brilliance as to impair the vision of drivers upon the highway" is prohibited (California Vehicle Code § 21466.5)." A 300 cd/m' digital billboard will certainly be too bright for the general public and will capture the attention and impair the vision and cognitive functioning of individuals with autism spectrum disorder. As the President of the Soft Lights Foundation, I filed a CEQA lawsuit against the Bay Area Toll Authority, Metropolitan Transportation Commission, and CalTrans for failing to comply with CEQA for the Bay Lights 360 project.' It is expected that, once these agencies do perform the required CEQA EIR, the information about how LED light does not follow an inverse square law, how LED lights trigger seizures and migraines and impair vision and cognitive functioning, and the cumulative impacts of light pollution, will be more fully explored. The EIR for the proposed LED digital billboard must contain at least the following analysis sections. 1. Ecology. See Appendix A. 2. Human Health. See Appendix B. 3. Disability Rights. See Appendix C. 4. Reports of Harm. See Appendix D. 5. Public Policy. See Appendix E. Based on the information presented above, the Draft 3100 Baldwin Park Boulevard Digital Billboard Initial Study/Mitigated Negative Declaration is wholly inadequate, insufficient, and invalid and must be redone. Sincerely, /s/ Mark Baker President Soft Lights Foundation mbakerffsoftli hts.org ' hops:J/anrvvw.softiihts.or/wp content/uploads/2024/121Baker-v-BATA Stamped redacted,pdf 2 of 76 November 13/2024- Pulsed ardificiall Ifight t night alters moth fl it behaviour -LBD vehicle headlights impacting moth behavior. October8, 2024SheddIDEg-11 I ight with harmonic radar: Unveiling the hidden impacts of strefeLtl�ights on moth friEht behavior - Impacts of streetlights on moths. - July 26, 2024- -Redued light levels and homogeneity of coverage reduces adverse insect impacts. January 20, 2024Research Not alance - January 19, 2024 - th of invasive EMAged - Light pollution reduced earthworm surface activity by 76% and increased ragweed height growth by 104%. January 11L2O24-Threatens-Vidondocurnentarythatdetai|showartifda| light is devastating the ecosystem. ]anuaryx, 2024- -|nsectsLunniheirdomunntoxxardsdhe lights which provides orientation. Artificial light causes the insects to steer in a circle until death. October 38,2823- - Light pollution isincreasing at1U% per year and adversely impacting entire ecosystems. September 21, 2023Phenotypic signatures of urbanization? Resident, but not migratory, sc�oircl �ee - September 19, 2023Healing with the Night: InVestg'gagitri2oDn�s into E eriences of Natural Darkness in - September 14, 2022 - Environmental risks from artificial mghttime 1.6ti-0 wide read and incr across Europe - LEDs have increased light pollution and have increased the emissions of toxic blue wavelength light. September 9,2822- -Anartideabout the studies of researcher May 2O,2O22- -Evenasimdelightcanintarforewith March29, 2D22Broad spectrum artific — lfey—LED light leads topredator advantage. April 27, 2022— monarch butterflies —ALAN interferes with monarch butterfly migration. January 27, 2022 — The growing threat of light RogoillLu�tion t �ground�-basedobservatories — Impacts of skyglow on dark skies. 2022— —|DAreport. Discusses how LED light is increasing light pollution. Falsely claims that LEDs are energy efficient. August, 2021— Street lighting has detrimeaitqaLijiMpacts on local —This study shows that LEDs are killing insects even faster than High Pressure Sodium. August, 2021 — First Estimation of Global Trends in Nocturnal Power Emissions Reveals Acceleration of L[ght Pollution — Light pollution continues to grow and LED blue wavelength light is making it worse. April, 2021— Artificial light, especially bright amber, suppresses courtship. "we should focus on minimizing the time that lights are on and how bright they are." — News Story March, 2021— Ught Pollufion Drives Increased Risk of West Nile Virus — Even low levels ofartificial light at night increase the risk of transmission of the virus. March, 2Q21—Super Eyf nLilg—Both light and sugars affect the biological clock ofplants. — News _Story K8arch10, 2020— Artificial Lighting Impacts to Salmon in WRIA 8 Bof fing Memo — Artificial light is impacting the survival ofjuvenile salmon. January, 2020 — Australian Ught Pollution Guidelines for Wildlife This detailed document describes best lighting practices. se of Summar'y Metrics of Li_ki- Wildlife 2020 — "ALAN reduces habitat suitability" — El Sevier — Effects of artificial licht at night on the for behavior of an endancered nocturnal mammal July 30, 2018— Producers? —ALANand LED light negatively impacts periphyton. July 30, 2018Waters under Artificial Lights: Does Ught Pollution Matter foll, — conservation areas 2Q18"we advocate warm colDr temperature white light a�si n . �-htti_meill u�mi nation" — Health and Human Services USA — Light at night disru ts nocturnal rest and elevates glucocorticoids at cool color — 2018 — "bombarded with numerous novel stimuli in their environment that could lead to cons " —journal of Ecol2gyj=—_!Co�nnecti �gectral radiornetry of anthropogenic light sources to the visual ecoloL-v of orRanisms 2Q18—"if orHone? LEDs and Wildlife 2O17"When the installation was illu — pfSciences — Hieh'intensi1v urban |ieht installation dranoaticdk/ alters nocturnal bird nnieration 2O13—"alters uncoverinv its ecoloeical effects 2013 — "the si nificant impact that even low levels of !]j �httime �riht �ollution �can h�ave" — �Cambride November, 2017— Artificially lit surface of Earth at n ght increasi or in radiance and extent —This study uses satellite data to show that light pollution has increased due to the use of LED lights. 2Q17—"Managers National Park Service — Artificial Night Lighting and Protected Lands April, 2015 — Artificial Light at Night and the Predator -Prey Dynamics of Juvenile Atlantic Salmon — Even tiny amounts ofartificial light affect salmon. 2Q15_ "The most immediate threat from anthro 0 ;e and I . -ht is the loss of ecies" — Trends sound May 29,2D14— Potential Biological and EcoloRical Effects of Flickering Artificial Light —Exp|ainshuwthe visual system of different creatures have a rate at which they capture images. Electric light interferes with this system, causing perceived flicker. 2014 — "exacerbate existi, c, domestic, eicy., m - nd industrial infestations of sanitar an light pollution irrespective gf.�cg_ior te�� 2012 — "Technological innovations and cha -es in I I anti 3, strat aies should consider benefits for at a cost to bigdLiversity? Impacts of LED lyihtin on bats 2009— threatened bat species'° — Current Biologv — Street Lighting Disturbs Commuting Bats 6 of 76 November 19, 2024 -The connections between hunjan heakh and blue light -pollution - Audio interview with Dr. Mario Motta, the father of the discoveries of blue light melatonin suppression and the connection to disease. November 9, 2024Effects ofnear-infrared radiation in ambient 1i �1 p�Lrformance emotLion ind heart rate variab it 7 - NIR is beneficial to human health. — �LxILQ�_�t --IF .9mmmmmmamanymommmom MONM October 1,2824— —Adetailed literature ofthe health impacts of LED lighting by the International Energy Agency. Septamn6er15, 2024— —Gkendhestrong interrelationships between energy metabolism and fertility (Hansen_et al._,, 2013; Della Torre at al., Z0[14; '�isplausible that light poUutioncould innpact fertility — impacts that include adverse effects on puberty from smart phone use at bedtime during adolescence. September 5, 2024_ disease — Higher outdoor nighttime light was associated with higher prevalence of Alzheimer's Disease. April 8, 2024—Are_Cancer— Blue -rich lighting may be a culprit in the rise of cancers in the young. April Si2Q24— e —Anartideonthe light -detecting protein me|anopsin and how it is found in the eye fat, skin, blood vessels, and brain. March25, 2Q24Outdoor L . ght at N . ght Air Pollution and Risk of Cerebrovascular Disease: A Cohort — ALANincreases risk ofdisease. February20, 2024— —Red|ightcan reduce blood glucose spikes. Red light is generally beneficial, as compared to blue light which is the controller ofour circadian rhythms, but also hazardous. February14, 2024 — Influence of Light at Night on Allergic DiseaseL. A_Systematic Review and Meta-, Analysis — Study finds that artificial light increases the risk of allergic diseases. January 26, 2024 — Breast Cancer Incidence Among US Women Aged 20 to 49 Years by Race StLa� Hormone ReceDtor Status — Breast cancer rates started rising at 4% per year in correlation with the adoption ofblue-right LED lights. October 9, 2023— —Increased exposure tolight atnight increases aperaon'srisk for psychiatric disorders such asanxiety, bipolar and PTSDseverity aswell asse|f'harno. October 4,2823— — 2,697 peer -reviewed publications show the blue light is harmful. August 21,2Q23— —The results ofthis study showed that daily exposure to blue light for 1 year induced skin cancer. June23, 2O23Outdoor artificial 111ght at nr-ht and risk of earl -onset dementia: A case-c�ntrgl ggdy Lin — the Modena population, Northern Italy — Study showing aconnection between artificial light atnight and dementia. ]une,2023— —Proteins that can detect light. May, 2023—Advances— Discussion ufhealth impacts oflight pollution. March17, 2Q23tions—Positiyg_gpd Negative — —Me|onopsin-expnessingipRGCsmediate the influence oflight on several circadian, neuroenclocrine, and neurobehavioral functions collectively defined as NIF, i.e., functions not directly related to image formation. March16, 2023 — Light at night and cause-speCific mLortal risk in Mainland China: a nationwide �h t observatioaql study — The first study showing a direct correlation between artificial light at night and death. — Cellular risks of blue light exposure. March 13,2023—The — Detailed b|o8discussion ofthe impacts ofblue wavelength light onhuman health. January 4, 2023— December, 2022-947 Adults: Cross -sectional Analysis in HEIJO-KYO Cohort — LAN levels are si8ni�cant|yassodvv associated parameters of obesity, dys|ipidemia, systemic inflammation, sleep disturbances, and depressive symptoms. October 24,2O22— —Outdoor|ightpuUutionstudy. September 28, 2022Functional connectivity of brain networks with three monochromatic — — Each wavelength has different impacts on human brain activity. September 26, 2022_ parameters of obesity,dvsUpidemia,systemic inflammation, sleep disturbances, and depressive symptoms. August 1l2O22- -"the epidemiological evidence produced so far seems to support an association between LAN and risk of depresdvedisorders." August 10, 2022Disruption of the Circadian Clock Drives Apc Loss of Heterozygosity to Accelerate - Colorectal Cancer - Interruption ofthe cirradianclock increases cancer risk. July 15, 2022- - Outdoor light atnight increases obesity inchildren. June 22, 2022- Light at Night in Older Age Associated with Obesity, Diabetes, and Hypertension -ALAN causes sickness. June 14, 2O22ontrast Sens - Around the Visual Fie|d-Researoh on how vision works. June 6, 2022- Adversity - Poor sleep increases risk oflung disease. March 14,2022- nction - Blue light isbad. Any light isbad. Tiny amounts oflight atnight isbad. March 1l2822- -Artificial Light aLNight significantly increases the risk ofdeveloping autism. March 3, 2022 -The Mind After Midnight: Nocturnal Wakefulness, Behavioral Dysregulation, and November, 2021- One Third of Us are At Risk - Compiled links tnmedical research onthe effects nf LEDs. June G,2O21-acut-l"jDn-Fearofthe dark isreal. MaV13, 2D21Should We Re -think R gulations and Standards for Lilghting at Workplaces? A Practice - - Quote: the quality oflight should not bereduced for lower energy consumption. March, 2Q21- -Reductionufb|ue wavelength light improves sleep. February 8/2Q21- Associations between Artificial Light and Risk for Thyroid Cancer -Artifida||ight February, 2021— Insights into blue light accelerated tooth whitening — At a radiance of 190 mW/cm2, LEDs will bleach teeth. January 27, 2021— Moonstruck slee : Synchronization of human sleep with the moon cycle under field conditions — Sleep timing is synchronized under the moon cycle. Artificial light disrupts this cycle. January 7, 2021— Light Pollution, Sleep Deprivation, and Infant Health at Birth —This study confirms that light pollution can lead to premature births. November 5, 2020— Evening home lighting adversely im acts the circadian s stem and else —This article makes the case that the economic benefits of energy efficient LED lighting are outweighed by the substantial disease burden they produce. May 24, 2020 — 20% to 30fQ Have Heightened Sensitivity —This article articulates how the 20% to 30% of the population who are sensitive receptors have been so far snubbed by the the psychology profession. February 29, 2020 — LED Street Lights — Maior Health Concerns This presentation by Dr. Wojcik summarizes the research about the dangers of blue wavelength light. February 27, 2020 — Blue LAiht Suppresses Melatonin in Dairy Calves This study shows that melatonin is suppressed by blue wavelength light, thus affecting eating, drinking, etc. 2020— Toxic Fluorescent Light with Natural Lid ht Now! — A discussion of research studies showing the adverse health impacts of fluorescent and LED light on health and student learning. December 13, 2019 — Light -Emitting Diodes LEDS : Im lications for Safet — Even though this is an article from ICNIRP, it contains a fundamentally false statement on efficiency and is missing discussion of non -uniform luminance. November 29, 2019 — Acute Exposure to Low Level L'crht at Nicyht is Sufficient to Induce Neurolo i Changes and Depressive -like Behavior — Acute exposure to LAN alters brain physiology and can be detrimental to wellbeing in otherwise healthy individuals. October 17, 2019 — Daily blue -light exposure shortens fifes an and causes brain neurode eneration in Drosophila. — LED blue wavelength light causes serious injury to flies. May 22, 2019 — Im lication of Melano sin and Tri eminal Neural Pathwa sin Blue Li ht Photosensitivit ire vivo— Melanopsin is a protein that can detect light. The researchers demonstrate that blue -light exposure provokes important immune and inflammatory responses in the ocular surface, trigeminal pathways and the retina. April, 2019 — Ocular hazards of curinig li ht units used in dental ractice — A s stematic review —The article states, "This review concludes that blue light poses maximum risk to cause retinal degeneration based on the evaluated studies." October 2, 2018 — Melatonin: An Anti -Tumor Agent This study shows that light at night increases risk of breast and prostate cancer. 10 of 76 September 9, 2018ction on their mitochondria and blunted_b red right — Red light blunts the negative effects of blue light. - July 201Q— —5kvcovvresults inreduced birth weight and pre -term births. June25, 2018— Current Understanding of Photophobia, Visual Networks, and Headaches —Hmw|ight triggers pain. June 5, 2018— —An overly positive opinion ofLEDs, choosing to ignore the downsides and missing studies. February, 2018— labelling —Aproposal for G'|ndexin place ofCorrelated Color Temperature. August 8,3017Harvard Universitv — Outdoor Light at N - -ht and Breast Cancer Incidence in the Nurses' Health Study I This study shows the link between artificial light at night and breast cancer. - February, 2017— RBlue LiZht Paradox — Blue wavelength controls drcadianrhythms, but also damages the eye. January 31, 2017 — National Institutes of Health Circuits — This scientific research article covers how circadian rhythms are being disrupted by artificial light mtnight. January 2Q17— PhotobiolgELical Safety —DiscusoionoftheimpoctsofLED|ighLondrcadianrhxthnnsand eye cells by Christophe Martinsons. April, 2016— — LED light has astrong negative impact onthe taste nf January 24, 2016— This scientific research paper concludes that blue light causes photoreceptor damage. November 17,2Q14— od vessels —&4e|anopdn proteins are found in blood vessels and can detect light. January 2Q13— Health Effects of Large LED Screens on Local Residents — Luminance above 1lOOOnits is dangerous and this article mentions the need to further study the impacts of LEDs on those with November 8, 2012— —Significant coverage ofthe dangers ofLED radiation. Blue light hazard, excessive luminance, macular degeneration, sleep disruption, and LEDs classified aslasers for use intoys. June3, 2011— 0ecember, 2010— orldwide This study shows that cancer risk increased by as high as 50% for countries with high Artificial Light at Night. August 20,1999— — Students perform better under natural light. November 22,19S6— — Appendix C — Disability Rights Code of Federal Regulations 28 C.F.R. § 35.151(a)(1): Each facility or part of a facility constructed by, on behalf of, or for the use of a public entity shall be designed and constructed in such manner that the facility or part of the facility is readily accessible to and usable by individuals with disabilities, if the construction was commenced after January 26, 1992.4 28 C.F.R. § 35.151(b)(1): Each facility or part of a facility altered by, on behalf of, or for the use of a public entity in a manner that affects or could affect the usability of the facility or part of the facility shall, to the maximum extent feasible, be altered in such manner that the altered portion of the facility is readily accessible to and usable by individuals with disabilities, if the alteration was commenced after January 26, 1992. U.S. Constitution AMENDMENT XIV Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws. 4 hops:JJWWW.iaW.Corneii.eduJcfrJtextf28/35.151 13 of 76 Appendix D — Reports of Harm The following reports have been collected by the Soft Lights Foundation and have been submitted to the US Food and Drug Administration. December, 2024 December 31, 2024 — Cherry Hill, NJ — Astigmatism Bright LED Headlights have significantly impacted me, and my freedom to travel when and where I want to. I have an astigmatism, and have recently developed a driving phobia, which is largely connected to me getting overstimulated while driving. Nighttime used to be my preferred time to drive, as the roads were quieter. Now, with the LED lights, it's unbearable. Not only can I not see with the blinding lights in my face, but it greatly increases the chance I'll need to pull over and calm myself. I struggle greatly getting to all the places I used to go, and the bright headlights make the process even worse. I genuinely feel like it is not a problem that will solve itself. In order for others to feel safe competing with the other blinding headlights (I often feel like I cannot see after passing a car with these and often in the moment wish my lights were brighter) they too need to get these LEDs. Manufacturers won't care, if anything they can advertise being the brightest. We desperately need some sort of deterrent, because I fear for my life when I get blinded on the road at night, and wonder how many life -altering accidents have been caused by this issue. Or even what the long-term effects of these are. I wish to be free to travel where I want without this unnecessary harm. December 31, 2024 — Orl6ans, France — None It's New Year's Eve, and for the fifth consecutive year, I'm staying home and not participating in any festivities because of the blinding LED lights that are now everywhere and assault my eyes. When the first street lights and vehicle LED headlights appeared in my area five years ago, I realized that my daily life would be completely turned upside down. I feel like I've been condemned to no longer live normally, like I used to, especially in the evenings. I can't live freely in society anymore, with a clear conscience, without the fear of having my eyes constantly assaulted by these completely excessive lights. I'm tired of all this. Tired of having to endure these car headlights with insane brightness levels, at night JUST LIKE DURING THE DAY, forcing me to look away and leaving trails in my vision. Tired of noticing that many designs and installations of lighting fixtures are systematically done thoughtlessly, over -illuminating the entire neighborhood. Tired of these street lights that repel me and prevent me from being out at night. The world has plunged into a light arms race that I don't understand and can no longer tolerate! Why have we come to this? Who decided this on behalf of everyone else? 14 of 76 Science had warned about LEDs, but it wasn't listened to. Many people complain, but they're not heard. What's happening? What's the plan? How much longer do we have to protest and shout for the LED monster, created by a greedy and careless industry, to stop spreading uncontrollably? I deeply curse everyone who created this monster, and every day I wonder how much longer I can endure this situation before I decide to move far away so I no longer have to suffer from it. In any case, we need to unite to make the global LED industry bend so that acceptable lighting standards for everyone are established and enforced. Happy New Year to everyone and stay strong. December 31, 2024 — Armada, MI — None My wife just ordered a pair of night driving sunglasses which made me realize these modern LED headlights are just too bright, dangerous, and out of control. My wife (54), my son (20), and I (52) have been complaining about the bright headlights for the last couple of years. Another red flag is that my son also complains, and he's only 20 with perfect vision. These dazzling lights diminish night vision and distort the field of depth. Both oncoming and rearview traffic dazzle. You can dim the center mirror, but side mirrors are not dimmable. These headlights are dangerous to all people on the road and need to be regulated so they are either toned down or use a friendlier light frequency. December 30, 2024 — Holly Springs, NC — Astigmatism We live in a part of North Carolina that does not have street light coverage. In short it is VERY dark here. Driving at night here is quite a challenge. The blinding on coming headlights make it almost impossible to navigate the roads safely. Combine that with what appears to be distracted driving and you are taking your life in your hands just trying to get to the market. Something must be done to reduce the brightness of these dangerous headlights. December 30, 2024 — Anytown, MO — Astigmatism I'm unable to see the lines on the road when someone uses LED lights. Almost everyone I come into contact fills the same way even if they do not have an astigmatism. LED lights are very dangerous for the most basic and single most important reason of all... TWO LANE ROADS! Many people can drive just fine at night even with varying vision problems or none whatsoever with regular halogen or non -LED bulbs. When someone uses brights they should see far and wide so they can look for deer and other animals etc. However when a car is within 500 ft or less not even the brightest halogen should be used for low beams as this endangers not only the person who has the lights shining in their eyes, but it 15 of 76 endangers the person shining the lights and someone else's eyes because it could create a head- on collision. In fact, I'm willing to bet that many head-on collisions are result of LED lights on two-lane roads over someone looking at their phone. If more intensive research was done you'd most likely find out I'm right since as a genius I'm right about 99% of the time about my speculations. December 30, 2024 — Paterson, NJ — Other The car lights are way too bright that blinds you December 28, 2024 — Taos, NM — None Dusk and sun setting, combine that with LED headlights and it's impossible to see the road ahead. The LEDs are so bright that you cannot tell the make of the automobile. December 27, 2024 — Blanco, TX — None There's a difference between brightness and color temperature. Brightness is measured in Lumans. Color temperature, in degrees Kelvin. It is not so much the brightness of these new headlights that causes so much irritating and dangerous glare as it is the very high color temperatures of 5,000, 6,000 or higher Kelvin. If the new vehicles simply used low Kelvin LEDs ... 2700 Kelvin or lower (a golden yellowish light), much of the annoyance would be alleviated. December 26, 2024 — Seattle, WA — None I'm 51 and have struggled with bright blue/white head lights for many, many years. Because most new cars come with them and many people are using LED bulbs in older headlight fixtures, the situation seems to be compounding exponentially. I often get a headache from the eye strain and increasingly plan my life to avoid night time driving when possible. I have even begun using both a dark sun visor and yellow/amber tinted lenses to make night driving tolerable. This is not my preferred way to drive at night as it makes it more difficult to see dark objects or people dressed in dark clothing. I find my need to do this ridiculous. I also don't know a single person of any age, that seems unbothered by the changes that have brought so much bothersome glare into our eyes as we drive. Something needs to be done about this sooner than later and it is going to take a lot of work to change out or update all the headlights that are blinding me and everyone else I talk to. Why are we allowing this unsafe way of illuminating our driving to continue? I want the department of transportation and/or the FDA and/or congress to begin addressing this problem NOW so that we can all drive more safely and with less eye strain and pain. 16 of 76 December 24, 2024 — Wichita, KS — Autism Multiple brain injuries left me with diagnoses that include migraine, severe photophobia due to a retinal sensor injury — ipRGC's the Light Meter for the eyes which regulates circadian rhythm. It also manages retinal light adaptation. Exposure to LEDs and any blue spectrum bright light, especially light that flickers or moves, causes me intense pain, violent nausea, vomiting, weakness, chest pain, shortness of breath, a lot of the symptoms of a heart attack or a severe panic attack. It took me many doctor visits to learn the cause of this severe photophobia and flaring systemic symptoms. I also learned that I have a diagnosis of autism spectrum Level one which explains my severe sensory overwhelm experience to light, but that combined with this retinal injury has rendered me unable to drive at night at all in these new lighting conditions. It's so unsafe even wearing blue light blocking glasses with glare blocking appliques in my windows to block headlights in my side views and the oncoming traffic. December 24, 2024 — Los Angeles, CA — Photophobia Post mTBI: chronic migraine, severe neuralgia and dysautonomia all triggered by severe photalgia due to ipRGC retinal sensor injury l/p_nc:arclai iilTn..iii i.lov/,ti�tucies/ M( 6828 ? / December 24, 2024 — Anytown, NJ — Astigmatism I have never hated driving so much as I have hated driving this year. At night, thanks to the glare, I cannot see road signs without reflective coatings. When it rains at night, the combination of windshield fog, glare, and wet -pavement are brighter than the Lines - on -the -Fucking -Road. High -set SUVs with Bright As The Goddamn-Sun headlights shine directly into my vision which, due to an astigmatism, breaks into a fireworks show in my eyes. Oncoming traffic actually hurts —like getting snipped with nail -scissors in the back of my head. On one particularly vile strip of road I became paralyzed, unable to see my turning lane, and it was only by a Grace of God that I did not have an accident. It used to be that this glare was only an occasional inconvenience —some thoughtless driver who forgot to turn off their high beams. Now between the strength of headlights and the height of cars, every minute spent driving at night is a damnation; miserable American roads befitting a miserable American people. There's something poetic, something uniquely American, about the state of our roads at nights; they've become a dick -waving contest measured in lumens, fueled by selfish idiocy, gagging and slobbering for "MOAR BRIGHT" until nobody can fucking see. Thank you for providing a space to voice these concerns. I eagerly look forward to seeing our regulatory institutions ignore this problem until it inconveniences someone important. December 23, 2024 — Portland, OR — Photophobia Bright LED headlights on vehicles have become a significant challenge in my daily driving. On multiple occasions, cars equipped with excessively bright LED headlights have nearly caused accidents. When these lights shine directly into my eyes, especially from oncoming traffic, the 17 of 76 glare is blinding and disorienting. Even vehicles behind me can create dangerous situations when their LED lights reflect intensely through my rearview or side mirrors. To cope, I've had to resort to putting my hand up to block the glare while trying to maintain control of the car, which is both impractical and unsafe. This issue has led to numerous close calls where I almost veered off the road or into another vehicle. Additionally, the harsh intensity of these lights causes severe eye strain and headaches, making the driving experience not only stressful but physically painful. These incidents have made me anxious about driving at night or in poor visibility conditions, as I'm constantly on edge, anticipating these blinding lights. It's clear that while LEDs have their benefits, their use in vehicle headlights needs better regulation to ensure road safety for everyone. The Impact of Bright LED Lights on My Driving Experience Bright LED headlights on modern vehicles have become a significant hazard while driving. On numerous occasions, these lights have nearly caused accidents, whether from oncoming cars or vehicles behind me. The glare from these excessively bright LEDs blinds me temporarily, often reflecting off my rearview or side mirrors, leaving me disoriented and forced to put my hand up to block the light. This is an impractical and unsafe solution while trying to maintain control of my car. A particularly concerning issue is the auto brights feature in many modern cars. These systems frequently fail to detect other vehicles properly, leaving the brights on when they should dim. This not only creates an unsafe driving environment but is also a clear violation of traffic laws, as having your brights on within a certain distance of another vehicle is illegal. Such violations should be actively ticketed to deter this reckless behavior. The cumulative impact of these bright lights has been severe for me. I've had multiple close calls, almost veering off the road or into other vehicles. Beyond the immediate danger, the glare causes eye strain, headaches, and general discomfort, making nighttime driving a source of anxiety and physical pain. While LED headlights offer benefits like increased visibility for drivers using them, they need stricter regulations and better technology to ensure they don't endanger others on the road. December 22, 2024 — Sebastopol, CA — None My eyesight is pretty good except for needing reading glasses for seeing things up close. But ever since the new super bright headlights have come out, I really don't want to drive at night. They are blinding and very dangerous, since I can't see anything else when they're coming at me. I adjust my rear-view and side mirrors so that the lights don't shine in my eyes. That reduces my ability to see behind me, but it's safer than being blinded by those lights. I thought maybe it was just my eyes getting worse, but I notice that if a car is coming toward me with the old fashioned headlights, I can see totally fine. No problem. With the new headlights, I sometimes have to hold my hand up to block them so that I can see where the road is. Otherwise, I would be totally blinded. Very dangerous! I can't believe these are legal. They also hurt my eyes, and I'm sure they are damaging to vision. December 22, 2024 — Vancouver, BC — Electromagnetic Sensitivity Since so many vehicles are now using these bright, white LED car headlights it is practically impossible for me to drive. I have to hold my left hand up as they are so blinding, even in the daytime. Even sunglasses do not cut the bright light. I even drive at night with sunglasses on. This is very dangerous! When a car comes up from behind I have to hold my hand up by the side mirror as it also blinds me from the side and from the rear view mirror. It has become so dangerous for me to drive and has affected the quality of my life in so many ways. I don't know who gave these car companies permission to use these very bright LED white lights? It's like the whole city driving around with their high beams on or even worse! This must be rectified by the federal government! This must be stopped immediately! December 21, 2024 — Port Colborne, ON — None I crashed my car, totalled it because someone with LED headlights decided to enter and exit a roundabout with their high beams on. They were coming towards me and I was completely blinded by them for about 15 seconds before they passed me. I will take some fault as I was speeding a little but at that point it was too late and I crashed directly into another vehicle all because of LED light. They are too damn bright!! December 21, 2024 — Olympia, WA — Other Upon returning to my booth at an outdoor/covered Farmers Market, the Governor allowed "non- essentials" Crafters/Artisians could return. My soft lights didn't get moved to my new booth space. The first day my eyes ached (which I'd never experienced in 60 yrs). I recalled an by article Dr. Mercola who interviewed an Ophthalmologist who explained LED lights and eye damage. My instinct was to stand in the sun ... no eye ache: BINGO! I knew it was the damn lights. I researched and purchased blue blockers and a wrap around my head visor because lighting came in from all directions.( And horribly had to wear a mask too = hell on earth!). I went to an micro -current intuitive healer who said it's your optic nerve especially in the left eye. I had had several treatments over the years and got better, thank Buddah, Allah, Godddess, Jesus and everyone! However I always carry blue blocker glasses in the car and a sun visor... because I never know how the lights in whatever store will affect me. It's been a huge challenge, life-style shift for me... even visiting friends homes I must be prepared. I'm much better. Although I went back to the OFMkt and had had my gear, went to the car to drop off stuff didn't think I'd need my visor, nor that I'd stay long. I sat on a table, waiting for a buddy and instantly my eyes started tweaking, and ached for hours afterwards. I've learned to try and not drive at night the headlights are horrific, especially first responders= blinding! I've learned to drive w/my left hand up to shield my eyes from the oncoming headlights. Years ago I titled all my mirrors waaaay out or up, I can lean to see when necessary. My question is whom decided LED's were the new way? Politically $omeone must be the king-pin-of-LEDlight$? I actually lucked out and purchased an entire box of 60watt bulbs at a used store, just as a volunteer walked in with a huge box of new bulbs for $10 (i know)! Before that I was purchasing used ones from Habitat for Humanity resale stores for $1 a bulb, and felt grateful for that! ! ! Thank you for your research, time and effort in this important area. I had no idea the ranges of 19 of 76 challenges people continue to face. Big love to you and yours in this journey to educate. WE ARE NOT ALONE! Cheers. December 20, 2024 — New Orleans, LA — None I cannot drive at night now because the superbright LED lights make me see halos about 20 feet high and wide around oncoming vehicles or vehicles behind me. I cannot see the road, the signs, the lines, pedestrians. It is sudden and violent to the eyes and the brain and nervous system. Now I am being advertised to by Amazon and Google to buy LED bulbs to replace the halogens in my own car headlights. I will not fight fire with fire and blind other people so I can compete with these atrocious tools. December 20, 2024 — Drexel Hill, PA — Autism I drive because it's difficult to participate in society if one doesn't, but my autism makes it very hard for me on multiple levels. For one, I am very sensitive to light, and overly bright headlights not only hurt my eyes but also obstruct the shapes of vehicles and the flow of traffic, making me afraid that I will collide with someone because I can't properly sense how their car takes up space. There is no valid reason for headlights to be that bright. Even those with weaker vision, such as my grandfather when he had cataracts, used to drive just fine with a softer beam. I have seen and heard others complain about these lights as well, such as my father and various social media users. Please don't make life harder for people with disabilities than it already is. December 19, 2024 — Austin, TX — None I am now too terrified to drive at night due to the blinding impact of LED lights, which cause me to not be able to see at all, have a panic attack, and swerve, endangering my life and the lives of others. They are much, much too bright. I had to drive from Texas to Louisiana at night last night for a funeral and I had to pull over four times because of the dizziness, fear and nausea of being struck by those lights which is almost like a heat lamp or a blow to the head. I cannot believe that something so dangerous as lights so bright they blind other drivers temporarily are allowed and unregulated. I can no longer drive at night in this environment. December 19, 2024 — Colorado Springs, CO — None I was blinded by oncoming LED Headlights and turned the wrong way on a one way street. I have run Intel two curbs due to to being blinded. They are DANGEROUS December 19, 2024 — Canton, OH — None I have almost driven off the side of the road and more time than not, I stopped in the middle of the road because all I saw what a bright light that blinded me and I could see nothing else. I cannot see anything after those lights pass me. if they are behind me, I have to make sure I am in the middle of my mirrors so it doesn't affect me. I have been wanting to go after the manufacturer for years now. December 19, 2024 — Heath, OH — Other People with mild cataracts, like me, have problems with LED car headlights lights causing very bright sparkly halos around the headlights at night. This makes oncoming vehicles at night a big problem. The sparkly halos are blinding people and very unsafe. I avoid driving at night now. 20 of 76 This has been a well documented problem for several years. Note: I am a retired QA Manager from a large lighting company. I have a lot of experience with LED lighting. December 18, 2024 — San Francisco, CA — Migraine I have lived in the same building on Telegraph Hill for 30 years and the last series of led lights on the bay bridge increased my migraine headaches substantially. After they were removed my migraine decreased and my way of life improved. December 18, 2024 — Springfield, MA — Other Blinding headlights! It was very disorienting to drive. Eye doctor tested for cataracts by shining light in my eyes and then declared surgery for cataracts should help with the glare. What about windshield manufacturers helping, if FDA won't regulate the LEDs? December 18, 2024 — Vallejo, CA — Other My wife has conditions that include Hereditary Alpha Tryptasemia which is causing seizures. Bright lights can trigger them, too, so these LED lights are extremely harsh for her, meaning she cannot leave the house in the evenings anymore, or go into stores, doctor's offices, look at Christmas lights, etc., as they are all equipped with the new LED lights. We've resorted to not using the lights in our home as they are the new LED bulbs and we cannot purchase incandescent bulbs. Luckily we have two lamps with old bulbs that we can use. I do not have this issue, but when driving I notice how bright and blinding headlights appear to be these days. My first reaction is to think the drivers have their high beams on. The worst is large trucks with lights shining straight through the back window into the rear-view mirror. It's truly awful. December 17, 2024 — King County, WA — None. I became extremely nauseated and experienced a headache immediately upon entering Target and Safeway after they had just switched from fluorescent bulbs to led bulbs. I experience eye pain from led headlights and streetlights and have to shield my eyes wherever I go. I feel agitated around led lights at night. December 13, 2024 — Boca Raton, FL — Other Cant go out at night i suffer from seizures and i have head trauma makes is hard to go out at night with family there is no need for those lights we are not in the forest n some idiots drive with them on high beam blinds my wife at night n me she suffers from migraine this has effected our night life .i still don't understand how this passed with all health hazards December 12, 2024 — Vermillion, OH — Migraine in addition to migraine I have a condition called Mal de Debarquement syndrome. LED lights really trigger my symptoms. It's very hard for me to go shopping or out to dinner and have a pleasurable experience. I always feel seasick. December 9, 2024 — Portland, OR — Other Almost got hit by another car (with LED lights) because their lights were so bright I couldn't see their turn signal blinking. I've come so close to hitting medians in the past too because LED lights are so blinding. 21 of 76 December 9, 2024 — Lake Forest, CA — Astigmatism When I was driviing back from Las Vegas from Thanksgiving weekend I almost got into several car accidents because of being blinded by LEDs on curving two lane roads. It is impossible to see the lane markers when your night vision is destroyed by these new headlights. My girlfriend is almost completely unable to drive at night because of her astigmatism and how the headlight affect her vision. December 8, 2024 — Harrison, OH — Other I have noticed that these LED headlights are effecting my depth perception. When I look down the road at night to pull out of my street or any number of streets or changing lanes on the highway, and all I see are bright lights, there is nothing to `ground' my vision to judge how far away a vehicle is before I do these maneuvers, or even the size of the vehicle. I see nothing but bright lights. I had a truck coming at me when I pulled out of a driveway and I couldn't see anything but headlights. I couldn't see the road and I couldn't see the outline of the vehicle until it whizzed by. I had to GUESS where the road was and hope that I was on my side and I didn't run off the road. It was absolutely blinding and I drive an SUV! It was traumatizing to say the least. And that was two years ago! I could have been killed or seriously injured. Ever since then, with no standards as to what headlights are supposed to look like, how many headlights are allowed to be lit up at one time, style, etc. I'm scared when I get on the road at night and it's only out of necessity when I do go out, never for pleasure anymore. These lights have destroyed the ability to do the things I enjoyed after work. Shopping, water aerobics, dining out, etc. And then we're being advised to focus on the side of the road or the white line, if you can see it, so we can drive at night? We shouldn't look to see what's ahead of us or coming at us while we're driving because this is the only way to save our eyesight and life? We now have to drive dangerously to accommodate headlights. That kind of advice right there is a valid indication that these lights are wrong for vehicles. We shouldn't be looking down, or to the side while driving. That's like driving with your eyes half closed, which is really what one is doing following that advice. It only takes a second to hit a human being or an animal looking anywhere but in front of you. The ridiculousness of LED headlights is insane. December 8, 2024 — Colorado Springs, CO — Other My sensitivity to LED became worse after a TBI. I wear sunglasses indoors because I work in a Flourescent and LED hell in the evening and I wear sunglasses to drive home. It is the only way for me to stop myself from horrendous kaleidoscope vision as a person with synesthesia and tetrachromatic vision with post concussion photophobia. Light pollution is killing us and it is worse at night and contributing to severe migraines. Light pollution is literally making some people dopamine addicts but what about those with dopamine autoantibodies? We cannot have a strong nation of healthy people if we have been made stupid and intentionally addicted or severely ill by light. Street lights and lights used at night near businesses are at times bright enough to lead a bird to its death. Have you seen the Tesla bulbs that are similar to incandescent -the reformulation? We need to bring back incandescent light bulbs. I have tetrachromatic vision and this intense monochromatic light is causing me to have sensory overload. My tetrachromia causes me to see colors within colors- it is not a disability but a 22 of 76 different ability. To me one strand of a persons hair is a rainbow. Ink from a pen is not just black. It only began to impact me after a TBI when my vision and senses began to go into overload and I was in a lot of pain and a neurologist, and nueroopthamologist could not understand me. Instead they began to take notes because I was finding out on my own what was working. Some people who know this about me will shine LED lights in my eyes on purpose and laugh. These people are bullies. As a tetrachromat I ain even impacted by Migraine lenses called Avulux. These Migraine lenses make me very sick and cause me to have a migraine because they over focus the lense on one color of light spectrum when I am not designed that way. This is why I do not purchase monochromatic lenses either. Sunglasses with UV protection that are light enough color to use indoors work better than monochrome tinted lenses with UV protection. Incandescent bulbs do not have this, they are a variety of spectrum at once and do not have flicker most of the time. These people that banned Incandescent lights are discriminating against my differences as a Neurodivergent, and my disability with a TBI and they need to bring them back. We need to have a choice of what kind of headlight we use on a vehicle, the intensity of the light in our home, and what kind of light works for us. A person with synesthesia has more than one sense connected together. If I start to get this pain and this type of vision my sense of smell and hearing increase. This increase can cause hyper smelling and hyper hearing. If I have no protection from the light I will have burning eyes where the whites of my eyes turn red, my nose begins to run and my sinuses swell because the exposure causes hyperesthesia of my nose. Hours of exposure to Flourescents and LED do this to me. My immune system thinks it needs to release histamine. TILT is known as Toxicant Induced Loss of Tolerance. Its definition only applies to chemicals, food and drugs. For me the definition applies but I have another category to add and it is Light Pollution. We as US citizens are being bombarded by exposures and as we age our tolerance declines and some are more at risk for this than others. These risk categories are yet to be established; however, it is likely that for women Xist and Lyonization are at play. This Lyonization could tilt a person with a Redox disorder towards less tolerance over time. Other mechanisms are molecular mimicry and prior assaults to the immune system. TILT is related to Mast Cell activity but is not the only aspect of the the problem. For those of us experiencing this we have to wear hats and sunglasses. The eye doctors I have seen do not deny what I have been experiencing. The equipment that they use cannot find the problem. They have several patients similar to me wearing Theraspec lenses. These lenses are not approved by the FDA but have been helping the patients. I have called my Vision Insurance plan to discuss this phenomenon and why NeuroOpthamology, Opthamologists and other eye doctors are not diagnosing or investigating this. They do not answer my questions and change the subject. As humans who work in the evening, driving home in this light pollution is an absolute nightmare. The oncoming beams and beams behind you are reflecting in your face. More and more people are confessing to wearing sunglasses who are not as severe as me. Why is this being ignored? TBI can impact the retinal ganglion cells and excessively bright headlights and bright 23 of 76 lighting in the workplace is very painful. I have to deal with disrespect, being made fun of because I am trying to protect myself. Now it is December and I am getting more exposure from peoples Holiday light pollution on their homes that is way too damn bright at night and extremely painful. It is the nature of humans and businesses to lie to the public for gain while conditioning people to think that it is better for them through omissions of critical information. https://www.frontiersin.org/joumals/neuroscience/articles/10.3389/fnins.2024.1378498/f jll https://www.ahajoumals.org/doi/10.1161/STROKEAHA.123.044904 https:Hautism. org/webinars/toxicant-induced-loss-of-tolerance-tilt/ https://www.hsph.harvard. edu/hoffman-program/resources/chemicals-in-your-life/what-is- mcstilt/ https://tiltresearch.org/ December 8, 2024 — Wakefield, MI — Other Early onset, rapid decline cataracts, photosensitivity December 8, 2024 — Wakefield, MI — Migraine Vision assaulted by LED light bar mounted on front of a pickup truck. Temporary blindness, vision spots for hours, migraine. Ban these fu*ckers! December 7, 2024 — Murfreesboro, TN — Migraine I get migraine headaches very easily. I avoid driving at night as much as I can because of these horrible, bright LED lights! They are absurd and horrible. However, sometimes I have to. I have issues with being super light sensitive and they flat out blind me, followed often with a migraine! I've grown to HATE driving at night and even more so, hatred for all of these vehicles with these lights. It's extremely RUDE to own one of these vehicles! Once again, as I drive a sedan, a truck tailed me, BLINDING me safely driving on the interstate home from seeing my family for Thanksgiving! How can these lights be legal? They're dangerous!! I refuse to own a vehicle with these horrific lights! Please stop this dangerous condition to not be able to drive safe! December 6, 2024 — Unspecified, FL — None I was almost forced off the road due to the blinding lights of an upcoming car. I could NOT see a single thing. I was not alone in the car and was with my son. We thought my tires were lost on. the right side due to the sudden movement. What a horrible experience, to drive under these conditions. There was no reason to change from the soft yellow lights. December 5, 2024 — Willows, CA — Astigmatism Can't drive at night anymore. Bought special driving glasses to reduce glare and they help a little, but after a few minutes driving against the oncoming superbright led headlights, I'm not seeing anything very well. Driving at night was never an issue before someone decided that putting these dangerous lights on vehicles was somehow a good idea. December 4, 2024 — Morganville, NJ — None WHEN DRIVING ON SINGLE -LANE ROADS IS ALMOST IMPOSSIBLE AS THE AUTO 24 of 76 HEADLIGHTS ARE SO BRIGHT IT MAKES IT IMPOSSIBLE TO SEE THE ROAD. DIVIDED HIGHWAYS ARE NOT AS BAD. I USED TO ENJOY DRIVING BUT NOW IT IS IMPOSSIBLE UNFORTUNATELY, I STILL HAVE TO DRIVE. I TRIED SPECIAL GLASSES TO REDUCE GLARE BUT THEY DO NOT WORK. PLEASE DO SOMETHING ABOUT THIS BAD SITUATION AS I KNOW I'M NOT THE ONLY ONE HAVING THIS December 4, 2024 — Monroe, WA — Migraine LED lights have only negatively impacted my life. I can no longer see when driving, especially the last few years. I have to close my eyes when driving for long periods of time, multiple times, because I cannot see with people's LED lights. I can't tell if people are using their brights or just have LED lights. I can't see if there is a pedestrian. I can't see turns. I almost crashed tonight because I didn't see a turn due to someone's LED lights in my eyes. I see spots in my eyes for my entire drive after seeing any and trying to keep my eyes open. I get migraines. I might have undiagosed autism as well, either way, I am extremely sensitive to light. I am scared I might die driving because of LED lights one day. December 4, 2024 — Houston, TX — Astigmatism It worries me when I am temporarily blinded by the unnecessary bright lights when I am driving. I instantly flinch to try to shield me from the harmful lights. December 3, 2024 — Salem, OR — Migraine I get ocular migraines, and the most reliable way to trigger them is to get blasted in the eyes with some kind of bright light. It usually sets in within 10-15 minutes, and then my vision is just ruined for the next hour. I can't drive at night because I'm at risk of being temporarily blinded. I don't want to have to pull over and sit at the side of the road for an hour, waiting for the aura to pass. When I'm in cars at night, I try not to look out the window. These blinding LED lights are a nightmare, and they don't even illuminate the road as thoroughly as the softer incandescent bulbs of my childhood. I've spent a lot of time in cars. I remember what things looked like. LED headlights are just plain inferior and dangerous, and they need to be banned. December 3, 2024 — North Olmstead, OH — Astigmatism They are blinding and they cause me anxiety while driving. I have to stop or turn down side roads to escape them. December 3, 2024 — Chattanooga, TN — None I do not have any health or vision problems. I am a perfectly healthy mid 20 year old, and have always had a passion for night driving. I never really noticed major issues with night driving up until recently... the past few years. I've always noticed people with super bright blue -white headlights... typically just squinted and moved on. Unfortunately, the majority of the cars on the road have these headlights. I was returning from Thanksgiving with my family and had a 7 hour drive home. There are no north/south interstates in this area, so a lot of my driving is on 2 lane and 4 lane state roads and US highways. I was on 25 of 76 a very narrow and typically low traffic 2 lane in southwest GA heading back north. For the first time I had to slow down to about 20 miles per hour because I was completely blinded. I could not see the center line. I could not see the edge of the road. For about 20 seconds all I could see what white light. This is not an eye problem. I had my eyes examined a few months ago. This is not a specific to me issue either, as I have no ailments and am in good health. This happened to your normal young American driving home from the holidays, and hoping to get home safely without being flash banged off the road. I know SUV's and trucks are the most popular vehicles now, but I have always driven coupes, and lots of people drive those and sedans as well. We are not the minority. Please look into regulating these headlights. These are not "improperly aligned" these are straight from the factory and they seem to get worse every year. December 1, 2024 — Greenbrae, CA — Other The County I live in took away the shrubs in the median and now all I see are in coming bright headlights. I get a headache when I drive at nighy and makes me feel stuck at home at night. I get an immediate headache and feel like I'm going to crash my car. They also installed rows and rows of LED overhead lights and they flood into my backyard and shine brightly into my bedroom and living room. Marin County did this and someone needs someone to do something about correcting this for the sake of our health. Thank you. December 1, 2024 — Greenbrae, CA — Migraine The County of Marin installed massive LED lights along a road directly behind our house. There was no community input, decisions made by Supervisors claiming they were needed for "safety". There has been zero incidents warranting any need for LED lights. Over head LED lights now shine into our home disturbing our sleep And giving us migraines at night. On the road, the lights are so bright it might as well be a racetrack now. The County took out the center median that had various shrubs (now no longer) — so now on coming cars, both east and west bound (along Sir Francis Drake Blvd) shine directly in our face as we drive home every night. The issue is overhead LED and car headlight LEDs. No thought was given by Marin County when installing said lights, and now created a real safety issue! Shame on Marin County, CA. December 1, 2024 — Cranston, RI — Other I am 39 with no known vision issues but I keep being blinded by LED headlights in front and behind me. It makes it really hard to see and drive safely at night. LEDs commonly used in new cars are way too bright. I had to pull in my left side mirror and this makes me scared to drive at night. December 1, 2024 — Bowie, MD — Astigmatism I have astigmatism. LEDs in cars have made it difficult for me to drive at night. I almost can never go anywhere during the week from how early it becomes dark. I have been fearful of accidents ever since a close call. It's just impossible to see for a time if they are coming towards me. 26 of 76 November, 2024 November 30, 2024 — Fontana, CA — Electromagnetic Sensitivity The new LED headlights are so bright and blinding that I have to look at the fog line to watch the road and keep straight so I can't even see straight forward or the whole road, I have to constantly keep my eyes focused on the right side of the road not to have the light directly in my face/eyes. The LED lights are pointing towards the oncoming traffic and it seems like it's almost on purpose. The light off the cars are not even on both sides, they are tilted more towards the left and directly on to the oncoming traffic lanes. You can see the lines that come off the car on the road and it's obvious they don't have there lights facing straight. I get migraines from the bright glare at night it has just made driving at night tremendously uncomfortable and dangerous. At least regulate or enforce the direction of the light or something cause On the highway or freeway it's even worse as I have hundreds of cars with a bright blinding light facing my driving direction and it seems blinding other drivers to me should be illegal because it feels like it isn't and no one does anything about it. November 30, 2024 — Orlando, FL — Migraine I can no longer drive outside at night due to ongoing issues with bright headlights. This is especially problematic during the fall and winter as the sun sets much earlier. November 30, 2024 — Brighton and Hove, United Kingdom My life is pretty much destroyed by LED's. If I look at a bright bulb for even a few seconds it triggers brutal migraines & vomiting for up to 3 days in bed with unbearable pain. The longer I'm exposed the worse it is. Tried all the fl-41 glasses. Forget driving as all the newer cars have the `led daylight running lamps' by default. It's an effing nightmare. November 29, 2024 — Middle Village, NY — None Every time I get in my car, I am blinded by car/truck LED lights. So dangerous ... literally can't see. Why is this allowed? Who is responsible? November 29, 2024 — Monmouth, OR — None The presence of LED lights from oncoming traffic vehicles causes temporary blindness which is unsafe for drivers on the opposite lane. If nothing is done, there will be more frequent traffic accidents and potential deaths on the road. November 28, 2024 — Eatonton, GA — None Driving on a county 2 lane road I was approached by a late model "tall" pickup truck ... that had very bright lights blinding me. I slowed down to 35 mph as I went by this truck. My eyesight definitely got the "halo effect"...a deer was standing dead ahead in my lane just as I got past the truck. Didn't have any chance of avoiding the deer. Front bumper got crunched inward ... front grill destroyed... and the AC condensor coil ruined. Damage estimated at $2,400. 1 could not afford full insurance coverage as my vehicle is 20 years old. (My car looked and ran very good). Too many people just don't dim headlights for courtesy sake anymore. 27 of 76 November 27, 2024 — Lancaster, ON, Canada — Electromagnetic Sensitivity Screeching tinnitus, organ pain(liver, pancreas and kidneys), needles in the eye pain, extreme pain in bones, cranium, burning of the skin, migraines, worsening astigmatisms, extreme photosensitivity, November 27, 2024 — Stratford, ON, Canada — Autism I'm autistic and have migraines, playing hockey requires a lot of night driving home as well as driving home from my partners place. Due to how bright lights are now, they spike my sensory issues and migraines causing me to lose focus on the road. This was never an issue until the last few years with the spike of LEDs, the yellow tints were so much easier to deal with over the new blue. Even walking at night with my dog, the lights cause no one to be able to see my boy and I even when we are on sidewalks etc. it's awful having to dull down my own life and avoid things after dark just because everyone has sonic beams! It's dangerous as hell for everyone, why is this even a thing!? November 26, 2024 — Van Alstyne, TX — Other I get constant floaters in my vision that last up to an hour. These new LED lights are an extreme hazard to safety. There is no benefit to blinding traffic. It isn't safe for any party involved. November 26, 2024 — Montclair, CA — None It's blinding me. The cars lights are so bright I have to stop in the middle of the road because I'm blinded by these trucks and teslas with ZEDS November 25, 2024 — Manassas, VA — Photophobia This incident occurred at night on November 24, 2024. I wanted to go see a friend who is moving out of town, who lives about about 45 minutes away and most of that is on the highway. I usually avoid driving at night, especially on the highway, but felt it was worth the discomfort to see my friend. The whole way there, donning sunglasses and squinting my eyes, was an uncomfortable experience to say the least, I'm in a low -riding sedan. But the worst part was, after driving 40 minutes I missed a turn, and ended up back on the highway. Then, I missed another turn, ending up on another highway. What a nightmare. I did not ever arrive at his house, because my missed turns took me 25 minutes off -route. I pulled over and cried, then drove home. It was the worst experience I've had with night driving to date. November 25, 2024 — Vacaville, CA — Autism I was driving East on E. Monte Vista Ave. when I struck by the LED flashing lights on an RRFB. Instead of the RRFB making me stop, I start yelling fuck, fuck, fuck, fuck, fuck, fuck as I tilted my head down and drove straight through to escape the LED assault and save my life. November 24, 2024 — Esparto, CA — Autism I turned right at a T-intersection and was immediately struck by amber LED strobe lights on an AT&T utility truck. I yelled out profanity, raised my arms to try and block the strobes, closed my eyes, and felt a sudden urge to drive my car straight into the AT&T truck. Instead, I pulled over to the side of the road until I recovered. 28 of 76 November 24, 2024 — Hickory, NC — None Can no longer drive at night due to extremely bright LED headlights blinding me. I have no health issues that would cause sensitivity to bright light November 24, 2024 — Bennington, VT — Epilepsy I was taken to the ER for a medical emergency unrelated to my epilepsy. I've been to this hospital many times over the years to see specialists get health screenings, visit friends etc. My doctor had called ahead to the hospital, telling them about my LED -reactive seizures and how critically important it is that I not be exposed to LED light even momentarily. She told us the head ER nurse assured her the ER staff understood and would treat me in an LED -free setting. My doctor told my husband to remind whoever first met us at the ER when we arrived, just for reinforcement. We got there, he did, the attendant said yes she'd got the message, I was put in a wheelchair and raced inside — right into the LED -lit emergency room. I had on a hat and glasses but I instantly started to shake all over. My husband grabbed the wheelchair and got me out of there fast, leading to a fraught ordeal, trying to figure out how I could be treated for the medical emergency that had sent me to the hospital, without putting me at risk of potentially fatal epileptic seizures caused by the hospital's new LED lighting! Ultimately they managed to set up a treatment area in a back hallway near the ambulance bay, which had large windows and overhead lights which could be turned off. My husband had to push me in the wheelchair around the outside of the building and up a restricted driveway to reach it. If I hadn't been so sick, i would have been terrified that an ambulance would pull up with its flashers going. Thankfully all went pretty well from then on and I was released just in time to get home before the LED streetlamps came on. When I recovered, I called the hospital to discuss the need for a section of the ER and other parts of the hospital complex to be LED -free, clearly labeled, so that anyone with an LED -reactive medical condition can be safely, promptly seen and treated. I asked them to think of it as a disability aid, exactly like the need to have ramps and braille, to consider safe lighting a medical necessity, like being vigilant about dietary restrictions for their patients. The staff member said they would pass on my request and get back to me in two weeks. Two months later, this is what I was told: The hospital had recently remodeled with all LED lighting and wasn't going to remove or alter any of it. If I have to go there again, for emergency treatment or anything else, my options are 1) call ahead and tell them I can't tolerate LED light 2) Be admitted under the LEDs and when. I start convulsing they will give me lorazapam and put me on a lamotrigine drip for the duration of my stay or — if I'm not happy with either of those options — 3) go somewhere else. (Thoughts on those options: 1) My doctor did call first. Luck and scrambling got us through that ER visit, not planning and proper care, plus calling ahead obviously isn't always possible. 2) Do they know I can even take those drugs? Might being drugged interfere with whatever other procedure I went there to have? Will I be able to communicate with anybody? Give consent? And how do I leave the hospital if I have to pass under the LEDs after the lamotrigine drip is removed? 3) We live in a rural area. The next closest hospital is over twice as far away.) Quite the striking situation, isn't it? We're menaced with increasingly frequent medical emergencies, injury, and illness, caused by forced public encounters with demonstrably dangerous LED lights, and we need medical care, health protection and practical real -life solutions more than ever, but safety vehicles and hospital facilities are becoming yet another source of the threat! 29 of 76 November 23, 2024 — Zimmerman, MN — Astigmatism I can't see with the headlights. I'm tempted to put mirrors on my car. November 23, 2024 — San Antonio, TX — Astigmatism I have to obstruct my own vision to block such ridiculously bright headlights, this is dangerous am left with dark spots in my field of vision, much like after staring directly at the sun. How is this legal? November 23, 2024 — Sacramento, CA — Autism I was driving in town when I was struck by a debilitating blue LED flashing light in a store window. I have previously notified the owner of this store twice that I cannot neurologically tolerate the intensity and digital pulsing of this light, but they haven't acted to turn it off. November 23, 2024 — Yolo County, CA — Autism I was driving on the highway when a firetruck with red and white LED strobe lights approached me. I could see it about half a mile away. I started to panic, knowing that I wouldn't be able tolerate it as it came closer. I pulled into a parking lot and waited for the firetruck to turn onto another street. November 23, 2024 — Hermosa Beach, CA — Electromagnetic Sensitivity It is painful and dangerous to drive at night anymore due to the extreme brightness and glare caused by oncoming and rearview LED headlights. I have to use one of my hands to physically shield my eyes or use the sunvisor to try to decrease the intensity of the light shining into my eyes. If I use or have exposure to LED lightbulbs at night, I experience headaches and cortisol spikes with delayed or interrupted sleep throughout the rest of the night if I can't reduce the intensity myself (if I am out in a restaurant for instance.) It is clear that there is a problem with the intensity and quality of light we are surrounded with in our modern lives. I hope to see a shift back to light that is more aligned with natural levels and frequencies. November 23, 2024 — Camby, IN — None They've annoyed me greatly the last couple years but this one has been the absolute worst and not getting better. I was driving home at dusk a few days back and was blinded by an oncoming car. As soon as I could see something again, there was a jogger right in front of me. Had to swerve last minute to avoid hitting him. People are/will be hurt or killed because of these stupidly blinding lights. I can't believe the stock lights are coming out this way. Had both a police car and School Bus blinding me yesterday. Sad & Ridiculous. I feel the day coming that I have to refuse driving at night. November 23, 2024 — London, ON, Canada — Migraine With the increased use of LEDs in many lighting scenarios, it is making it impossible for me to exist in the world. Both fluorescent lights and LEDs cause migraines for me. A mere exposure to these lights for 5 minutes can take me down physically for at least 24 to 36 hours. While it is always a challenge visiting establishments, and lighting my home, those are things I can somewhat moderate. I buy different lights, I just don't go into stores that make me sick. What I cannot avoid, and cannot mitigate, are the increased use of LED in the headlights of vehicles on 30 of 76 the road. I can appreciate people wanting to have bright lights for scenarios where the increased brightness will increase safety, but that's why we have high beams on our vehicles. If you're on a country road at night, you turn your high beams on, and then when another vehicle approaches from the opposite direction, you turn your high beams off until you pass each other. You would not constantly leave your high beams on while driving in a city, that is lit with street lights. These excruciatingly bright LED headlights are making it impossible for me to have any independence after the sun goes down, as it is not safe for me physically when driving. Surely the selfish "right" to have the brightest headlights out there just in case you're in a very dark area is a lesser right than what is owed to the general population, let alone those with health issues, to have the right to be safe while driving. Please, please, before someone gets seriously hurt, regulate the type of lighting that can be used in vehicle headlights. November 22, 2024 — Springfield, MO — Migraine After a TBI years ago, I am now a migraine sufferer. I cannot look at the flashing or strobe lights without instant pain. It has been so hard to safely pass by emergency vehicles as flashing and LEDs both blind and cause instant splitting pain. Trying to get by a wreck or incident is really really tough while you are trying go around and not hit people or cars in the road. I have literally stopped my car in the middle of the road at night, even on a curve, multiple times because I was so blind I could not see the road, the other vehicle — nothing! It's as if someone suddenly blindfolded me while driving. How are people navigating this terrible issue? Tonight was a little darker than usual, without a moon, and I was struggling to repeatedly get blinded/see on a long 2-lane rural road. Going over a curvy set of river bridges with rails was terrifying, leaving me blinded for a moment trying to navigate curves. Halfway through the 7-mile trip, the repeated brightness moved to migraine, nausea, and fear I was going to wreck. I was literally wondering what my future holds if I can't drive to see my kids, or even get home from work safely after dark because of these lights. It feels like no one cares — even insurance companies. They HAVE to know; they drive too! Even LED Christmas lights are too much when flashing. We also been blinded by directly placed LED garage lights on houses recently. It's like a direct police spotlight at a T-intersection. I can't see if anyone is coming to the left, due to one homeowners LED beacon staying trained right in my eyes. Tonight, I also made a right turn at a 4-way stop. Because of being blinded mid -turn, I couldn't tell how close the car waiting to turn was in front of me as I rounded to the next road. Not only did I fear hitting the other car right in the door I heard a sickening crunch as my back tire fell off the road edge and hit much further than the wheel rim. November 22, 2024 — Oakdale, MN — None Spun out on a snowy day because I could not see lane dividers due to an incoming car's lights. This car was in a highway lane separated from the other lane of traffic by —I00ft and was really not even close to me. I could not see how far the car in front of me was due to the lights of the incoming car and the blinding headlights of the truck tailgating me, so I braked and overcorrected because I could not even see the lane dividers. Spun out into a ditch. If I were a worse driver or driving distracted I could have easily hit another car and injured someone. November 22, 2024 — Washington, PA — None LED headlights are absolutely destroying the ability for average people in average cars (SOME with major health issues that are now jeopardizing the safety of the person/s) to drive ... no matter 31 of 76 day or night because the light travels just as strongly when the sun is out. It's forcing people to take action on their own, some using spotlights against the blinding LED's... others using 3M reflective tape on visors and backseat headrests to shine it back in the eyes of the owner. We should not have to do these things. Furthermore, I've noticed an increase in incidents where they keep THEIR highbeams on with total disregard for others while they scroll on their phones or distract themselves in other ways. There is way too much entitlement and a total misunderstanding that these people have when it comes to blinding others. Something needs to be done before every vehicle on the road is equipped with these blinding lights and then we ALL develop vision issues and perhaps even other yet -unknown issues dealing with these lights. I appreciate you taking the time to read my `rant' but the words stand true with SO many people. November 21, 2024 — San Jose, CA — Astigmatism LED light are always on when it's not appropriate. I drive a small car so there in my direction vision I have to slow down to avoid causing an accident. November 20, 2024 — Marienville, PA — Migraine When leaving my office, I often encounter an overwhelming amount of LED lights, both indoors and outdoors. On one particular day, the reflection of the sharp, laser -like beams of LED lights from a puddle nearly triggered a seizure. Fortunately, I only suffered a four -day migraine as a result. The parking lot is especially problematic. The LED lights there create an environment that feels almost hostile both from cars and parking lot street lights. Every time a vehicle starts, its LED beams cut sharply through the area, creating an overwhelming and disorienting experience. It feels less like lighting and more like a physical assault. On this day, as I navigated the parking lot, I inadvertently came too close to a vehicle that had been electronically started. A brief glimpse of its LED fog light —despite it not being directed at me —triggered severe symptoms, even though I was wearing IR5 welding goggles and red glasses designed to block all blue wavelengths. This intense combination of protection stops the seizures. It does not stop the migraines. The impact was immediate and profound. My face went numb, my eyes involuntarily blinked, and I experienced a deep, penetrating cold, a symptom often associated with migraines. The migraine that followed was particularly intense, accompanied by significant cognitive impairment. Even after resting and sleeping, my brain felt noticeably affected the next day. (This is part of my report) When will this madness stop? I just want to live my life without the constant assault of LEDs. I'm tired of enduring their relentless impact on my health and well-being. I just want to live my life safely! November 19, 2024 — Chicago, IL — None LED headlights are blinding and I almost crashed because I could not see after driving and having LED headlights directly shining in eyes. It directly impeded my visibility. I cannot drive long distances in the dark because of the strain LED headlights cause on my eyes. I will go home 32 of 76 after a 2-hour commute and my eyes will continue to hurt and I believe it is the cause of my headaches. November 19, 2024 — Ketchikan, AK — Other ZEDS lights have literally shrunk my world in my ability to find safe places indoors and outdoors In FEB of 2021 the city of Ketchikan altered the city street lights to high intensity 4 to 5000 Kelvin LED lights without shielding or recessed that flooded all sides of my home that has led to a severe drop in my health. Before that time, I had light sensitivity and now from the LED lights I have phototoxicity which caused my NEW disability They have damaged my CNS, altered and disrupted my cognitive abilities, disrupted my hormones, and have left me in chronic pain When the lights came on that month, I could feel them instantly. It was like a electrical shock to my system. Since than I no longer get restorative sleep in my home, these lights have impacted my motor neuron part of the brain as well as pituitary, amygdala, hypothalamus, pineal, Insolent, and parietal and vision. They increase my allergy reactions to foods that I had mild reactions to before Leds I wake up to increased blood pressure, (I don't have high blood pressure). Before LED light my fibromyalgia was at a level 2 of pain and now fluctuates between an 8 and 10 on pain scale. This is from chronic exposure to my streetlights. All confirmed by 8 doctors. All these issues within a day to a few weeks are lessoned by 80to 90% when I go to a dark area without ZEDS. Some are completely gone. ACUTE symptoms when exposed to high intensity LED lights especially the flickering. Loss of sight in right eye Floaters, eye pain Extreme sharp pain from front of right eye to back of brain that can last up to 72 hrs (imagine a sharp knife going through your eye to back of brain) Nausea, and throwing up PANIC ATTACKS!!! tremors migraine Spike in blood pressure Immediate herpes outbreak (within hours of extreme exposures} incontinence drooling Severe scalp migraines Blistering of skin and oozing. What's heart breaking is the fact the lighting industry ignored all the science and medical warnings about LED's especially from 2016 American Medical Assoc warning that they will make people sick. Over 20,000 peer reviewed research on the damming effects of LEDs WHEN WILL YOU LISTEN AND ACT?? Not acting is negligent LED lights kill and injure and should have never been released to the public 33 of 76 November 18, 2024 — Rochester, NY — Other "Description of LED Incident or Impacts of LEDs on Your Life" ...YES EVERY DAY IS AN INDECENT! I risking loosing my job and my life. Its dangerous... period! Vehicle, House indoor/outdoor, commercial, street lights et al. Way over the top! Even behind a vehicle the directional and tail lights hurt. I hated these LEDs when I first saw them 20 years ago. Incandescents are now outlawed... thanks big brother... stellar idea. When is enough enough? Apparently someone must die before anything is changed. Hope it isn't me. This is getting 1.1.0% crazy out of control, compounded by this stupid daylight saving time clock changing BS we were supposed to fix years ago. I don't get out of work until 5. Its dark! Then I have to run the gauntlet of deer and on coming traffic melting my skull off my neck with these insane projector headlights. They gotta go and go now. Night driving is like looking into the sun, it hurts! I've had to ask HR if I can come in early and leave early. They said I need a note from a doctor....gah! I attach a manila folder to my drivers side visor with a big binder clip so I can hide behind it when oncoming traffic approaches. Tell me, how safe is that! All its going to take is someone making a left in front of me or a deer coming from left to right and pow I'm done! If LEDs were on the red spectrum verses the blue I believe this problem would be much less severe. OK so I complained. Now whats the next step to actually making the DOT listen and for someone to take action with the auto industry. What can we all do? I signed the petition and had everyone around me do the same. HELP! November 18, 2024 — Lompoc, CA — Astigmatism I have to turn all my mirrors away to just drive home from school in the evenings. I drive home on Highway I and sometimes the LED lights behind me are so blindingly bright I have to pull my car over because I cannot see while I'm driving if there is car behind me with LED headlights. This wasn't an issue for me in the 90's when car headlights were halogen. Please go back to halogen headlights are do something to fix the reflective glare and brightness. Bright LED headlights are dangerous and people are getting into car accidents and will lose their lives. November 17, 2024 — Bennington, VT — Astigmatism I have a larger than normal optic nerve in both eyes. I can't really drive at night anymore with the brightness of headlights. Also, any type of LED lights are very hard on my eyes sometimes giving me migraine headaches. November 14, 2024 — Mangonui, New Zealand — Migraine Swimming in a remote lake, 200m from road access, when a car pulled up flashing the red LED tail lights. I felt immediately nauseated and blacked out with brief loss of consciousness for a few seconds. I came quickly to and swam with difficulty back to the shore having developed blurred vision, pain at the occiput, numb left side of face and left arm (hemiplegic migraine) 34 of 76 November 14, 2024 — Brookville, PA — Migraine On November 11, I visited an eye clinic for new glasses, only to find that LED lighting posed a significant obstacle. The clinic had no alternative lighting, so I had to bring my own lamp to examine the frames. Briefly removing my protective goggles to look at the glasses on the display triggered a migraine so severe that I ended up vomiting later and lost another four days to recovery. The vision exam itself was even more problematic, as the clinic relied entirely on an LED screen for testing. Since I couldn't look at the screen without risking a migraine, they couldn't fully evaluate my prescription. We attempted to use a painting in the hallway as a substitute to check my sight, but the process left my eyes strained, and I struggled to discern any improvement between lenses. According to the clinician, the LED screen is their only testing method, leaving me in a position where getting a prescription update would mean knowingly inducing another severe migraine. November 14, 2024 — Shippenville, PA — Migraine On Halloween night, despite every precaution I took, I suffered a seizure caused by exposure to blue LED headlights. I've managed to avoid seizures since early spring by being vigilant, especially on Halloween, a night known for overwhelming lights and harsh visuals from costumes and decorations. I kept all the blinds closed, avoided the front of the house, and even have a canopy tent hanging on my front porch to provide added protection against stray lights. Unfortunately, someone pulled into my driveway to turn around, and their headlights penetrated both the canopy and my opaque front door, reaching me in the back part of the house. The seizure was immediate and intense, with visual disturbances, uncontrollable shaking, severe pain, and confusion. The following day, I could barely function, enduring cognitive impairment and an excruciating migraine that lasted four days. Despite medication, I suffered through pain -filled dreams and could find no relief. This incident cost me two days of time with my family and two days of work, all because of a brief exposure to LED headlights. November 13, 2024 — Houston, TX — Astigmatism I am 39. I have been struggling with these high color temp LEDs for several years. This winter seems much much worse. I wear blue light glasses to reduce the effects as much as possible. But these high color temp lights are everywhere now. Headlights. Wallpacks. Street lights. Sports fields. I can barely leave the house at night any more and feel unsafe driving at night. I have never struggled with night driving until these lights. The light exposure creates a piercing experience in my eyes. Then I get agitated wanting to smash every bright light around me. Some days I can get used to the lights in the city if there isn't much contrast between dark and light. But most nights the city is rough as these headlights are now 6000-7000K color temp. Rural driving is painful, especially with the Texas piercing frontage road system where these gas stations and businesses have just hung 7000K color temp wall packs on their exterior walls or canopies. These can be blinding for a half mile. This is no way to live, especially when lower color temp LEDs can provide the same lumens and equal energy efficient results. I know I'm not the only one. And as a taxpayer I would appreciate if Congress would take action on a national simple priority such as this vs devoting their attention to way more complex and controversial 35 of 76 affairs. This fix is simple. We used to get pulled over for driving with your high beams on when passing a car. Please help. We only get one pair of eyes and I hate to permanently damage them or have an accident because we were too foolish to not deploy common sense regarding outdoor lighting color temp and its affect on humans (and plants and animals and light pollution) November 13, 2024 — Boynton Beach, FL — Epilepsy My 3 seizures occurs in grocery stores- Publix and Aldi within a I year. I notice, that aura is comes as soon as I walk in the store. I never go there without my good sunglasses (Oakley's works the best so far) on. I change all LED light bulbs in my house to old style light bulbs and fill great. Never had an episode at home since. I drive at night with my sunglasses on, because cars light triggers my seizures as well. LED is epileptics enemy! I have few friends with epilepsy, who experience the same reactions from exposure to LED lights. November 13, 2024 — Charlotte, NC — Astigmatism I am writing to express a safety concern regarding the LED headlights on newer vehicles in the Charlotte area, particularly at night. I have found that the bright LED lights from oncoming traffic are significantly blinding and make it difficult for me to see the road clearly. This has become especially problematic for me now that I'm driving after dark, as I get off work when it's already dark outside. On multiple occasions, I have almost been involved in accidents because I am unable to properly see the road or other vehicles due to the intensity of the headlights. The glare from these lights severely impairs my vision, and I am now feeling anxious and scared to drive at night because of this issue. I wanted to bring this to your attention, as it is becoming a significant safety concern for me and I believe it may be impacting others in the community as well. Something seriously has to be done with these vehicles with that style of lights. SOON! November 11, 2024 — Waterbury, CT — Astigmatism I am 25 years old and no longer drive after dark. In New England winters, this means 5pm. I drive a compact SUV and am 5'3. Most to all headlights on the road are blinding, and that is from both directions. In suburban and rural areas, the headlights feels exacerbated in strength with often nothing to contrast them. Lift kits aside, SUVs/pick up trucks seem to be eating their veggies and growing in size; their headlights are without a doubt, at my direct head height. There are highways and interstates I have to avoid because the headlights coming from the route opposite direction are too bright. Some headlights even cause reflective mile markers to flare into a ball of Light. Too -Bright headlights coming from behind essentially flash bang my rear view and side views. I have driven through construction zones, 3 lanes to 1, at IOmph and been blinded by the work lights, the vehicle lights, even by parked cruisers using rear flashers. I have never had driving induced anxiety; I have lived across states for college and been a confident driver always. Now a days I am nervously slowed to the right lane when cars are 36 of 76 behind me, or hogging the passing lane out of keeping lights out of the driver -side side mirror. I have always had slight astigmatism, and always had corrective contact lens to support that. This year I had to seek out an optometrist because I thought the astigmatism must have worsened. Its actually improved! Both glasses and contacts are still corrected for them. No improvement for driving. I feel like I really am going crazy over this! I have limited my night driving to short trips/around town. On occasion I have agreed to longer drives, and regretted each time. Its frightening. Its saddening. Its unfair. I hear people say, "people kept high beaming me, I had no idea mine were so bright!". I guess they cancel each other out. I am not faulting the individuals, the newer cars are just, like that. I am not as empathetic for after market installations. But how am I tell the difference? I am weakened by it all. It seems silly, but its not. My heart pours for older adults who's independence and autonomy are already vulnerable. For pedestrians, who should have the option, ability, and safeguard to walk. For children who ride bikes. I hope to see change, and am happy to know others do too. November 9, 2024 — Point-a-Pitre, Guadeloupe — None (this is an automatic translation from a non -American language) Unfiltered LED lights that emit excessive brightness levels and overly white color temperatures, which are harsh on the eyes, have completely disrupted my daily life and degraded my quality of life. Their widespread and forced implementation for energy efficiency reasons, without any consultation with the general public despite warnings from scientists and health organizations, resembles a dictatorship: "the LED dictatorship." Nighttime and daytime car lights, public and private lighting, stores, offices, business premises, public transportation, electronic devices, vending machines, etc., LEDs are everywhere and in excess. This overabundance now prevents me from living normally. Manufacturers and installers have done whatever they want: everything seems designed so that current lighting is more about assaulting our eyes rather than providing proper and subdued illumination. It is a dictatorship leading us to a dystopian environment for a portion of the population that suffers: "the LED dystopia." Because of LED lighting and its daily impacts on our eyes: I have to change my personal and professional habits; I have to flee at night and give up any outings or activities; I can no longer drive at night and stress about being assaulted wherever I need to go; I have lost the freedom to move as I wish; 37 of 76 I am becoming socially isolated; I am losing the health of my eyes and fear losing my sight! Furthermore, I can no longer tolerate seeing and enduring these "light signatures" from cars that cause retinal persistence phenomena or light trails, dangerously obscuring vision. LEDs have created a real phobia in me: "LED phobia." LEDs are a nightmare and a missed opportunity to reduce our impact on health and the environment at a time when it is impossible to gaze at the starry sky and biodiversity is collapsing. November 8, 2024 — Sandpoint, ID — Other Since LED lights have come out on cars (and especially pickup trucks) I have been unable to drive in the dark. The lights create a halo that fills my entire vision field, making it dangerous to me and others. I cannot see even the side of the road....... Even after cataract surgery. This has caused me to curtail all evening activities. I am retired & live in the country so this is very isolating and causes depression. November 7, 2024 — Vacaville, CA — Autism I was in the city just after sunset and all the blue LED car headlights and blue LED streetlights started appearing. I started to go into a panic. It felt like it was an emergency, so I reached into the center console of my car and found some orange tinted clip on glasses. I put these on over my glasses, and the panic immediately stopped. All of the blue -rich LED lights were still far too intense, but the feeling of life -or -death panic was completely removed by putting on the orange - tinted glasses which filtered out the blue wavelength light. November 1, 2024 — Fresno, CA — None The lights are so bright now, I hate driving at night to pick up my kids from activities. Now its dark earlier due to time change. It is terrifying. Seriously. Sometimes I just pray I make it. I have flashed before as a reminder the brights are for oncoming traffic. Numerous times they flash. back and its even brighter! I get white spots in my eyes everyday. Im buying night vision glasses. Do ya'll night drive at night or cant see from the back of your limo? What is going on? October, 2024 October 27, 2024 — Los Angeles, CA — Autism My partner and I took turns driving from Sacramento to San Diego during the day. For the most part, the drive was without incident. At about 4pm, we were in the Los Angeles area. First, we witnessed the result of a fatality crash, with about 6 emergency vehicles with red LED flashing lights. I was the passenger, and was forced to shield my eyes from the flashing LEDs. Then I was struck at close range by the blue LED lights on a highway patrol car further down the freeway, causing me pain and anxiety. 38 of 76 Around 5pm, the blue -rich LED headlights started appearing, causing me to have to look out the passenger window. Then the blue -rich LED streetlights started turning on, causing me to flinch with each exposure. Then there were blue -rich LED wall packs and floodlights on my right and left which increased my agitation at each exposure. As the sun set, we exited on a ramp, and tiny yellow LED flashing lights on multiple curve signs struck me directly at close range. After dark, we were inundated with blue -rich LED headlights, blue -rich LED streetlights, blue -rich flood lights, LED business signs, parking lot lighting, and intense LED red taillights. A commercial truck had red LEDs wrapped around the entire back of the truck. When we arrived at my my mother's house, a place I know well, I was hyper vigilant. Every light was now too bright. Every light was a danger. Everything was too bright. For the first time in my life, I was unable to greet my mother with enthusiasm. I was in shock. My mother turned off all but one incandescent lamp, but when she asked me if she could turn on one more lamp, I broke down crying. I am now on edge. I am on hyper alert. Every light is an enemy. October 21, 2024 — Paoli, PA — Migraine I have recently started to suffer from severe chronic migraines. As a result, I am photophobic almost all of the time. This makes LED lights not only painful and very uncomfortable when I drive at night, but also dangerous. Whenever a car with LED lights passes me at night, I am blinded for about three seconds. I have to pray that a deer or other animal will not run out in front of my car, especially now that it is deer rutting season and the deer are very active. This is all made so much worse by the fact that many people in my area have new cars, meaning ultra bright or powerful LED lights. I did not have a migraine earlier today, but I may develop one soon after driving tonight. October 20, 2024 — Harbor Springs, MI — None I can't drive in the morning or at night because of these blinding headlights. This is crazy, worse than drunk drivers. What happened to the Auto Safety industry or safety regulations? I am either going to have to lose work/get fired because of this or literally drive blind and pray I don't die or kill someone else. October 18, 2024 — Portland, OR — Astigmatism I thought I could get over it, because LED headlights are so unavoidable. I tried everything I could possibly do to cope. But lately it has evolved to suicidal thoughts, because I feel like I'll never be able to live a normal life again. I was thinking maybe I have autism, maybe I should get that checked out, but I feel ridiculous. Do I really go tell a therapist that LED headlights make me want to kill myself? Is that what I have to do? October 12, 2024 — Esparto, CA — Autism I was driving behind a vehicle when it suddenly pulled to the side of the road. Coming towards us was an ambulance with LED flashing lights. I felt like I was electrocuted and was going to go unconscious. I instantly closed my eyes and stopped my car. After a few seconds, a car behind 39 of 76 me honked, and when I opened my eyes, the ambulance was already gone. Now I'm suffering the psychological after-effects. October 11, 2024 — Yolo County, CA — Autism I was driving East on a County road in the day when a vehicle came towards me with intense, rapidly flashing amber LED lights. I felt panic rushing in and put my arms up to block the assault. Since I now couldn't see the road, I came to a full stop. Then somebody honked a horn. I moved my arms, and saw that the lead truck had passed, but a wide -load mobile home on a truck was inches from the left side of my car. These LED flashing lights are a menace and violation of our civil rights. My anxiety ran high for 30 minutes after the encounter. October 11, 2024 — Brooklyn, NY — Other Causes nervous system dysregulation which impacts motors skills & orientation, migraines, seizures, nausea, ability to digest food, vomiting October 7, 2024 — Augusta, ME — Astigmatism There are multiple times, every time that I am driving at night that certain oncoming vehicles had their high beams on, and I would put on my high beams, only for them to flash their brights at me because I was wrong. It seems to have gotten worse now that 1. I've been diagnosed with astigmatism, 2. I now live in a town that doesn't have street lights, and 3. I am driving more at night. It just seems as if EVERY oncoming vehicle have the high beams on. I try every trick in the book to not look directly at the lights, to focus on the right side line on the road and physically block out the lights with my hand. I am afraid my myself and the safety of others if I cannot see when I am driving, especially living in the state of Maine where moose are not easily seen in the dark. October 6, 2024 — Howell, MI — None Nice to find out I am not alone regarding this topic Engineers at automotive companies are responsible for what I consider an environmental pollution nightmare. I never had any trouble driving at night until about the past 8 years or so when I noticed the blue LED lights being applied to more and more vehicles. At first, it was only a few vehicles so a bit of a nuisance, but manageable. Now almost 80% of the vehicles on the road have these super bright blue spectrum LED emitters just blasting out light. I can literally feel the pain in my eyes when these vehicles approach. I started wearing my polarized sunglasses for driving all the time including nighttime. Does anyone know how those lights may be damaging our eyesight, especially at night when the pupil is dilated due to ambient darkness? Come on engineers, do your job! Ask the questions and demand the answers before you release products which can cause harm. October 3, 2024 — Bethlehem, GA — None I can no longer drive in what I feel to be a safe manner due to the piercing brightness of headlights. Over the last year they have become so sharp on the eyes that even in the various hours of the morning, dusk night and even overcast days I am forced to stare at the white line in the side of the road. Giant, oversized trucks with these horrid headlights are near perfectly at eye level often times leaving me stunned. 40 of 76 I've had my eyes checked to ensure they're is no damage to them or a condition being developed that's in need of correction. This is not the case as aside from a mild prescription I received a couple years ago, nothing has changed personally. I've also made mention of the problem to friends and family and ALL agree that it's out of control. My mother refusing to drive at night as well at this point. It's flat out dangerous to the public and out of control. October 1, 2024 — Elk Grove, CA — Autism I attempted to enter a large box store that had installed collections of LED "white" tube lights in the ceiling. I glanced up at these LED lights and immediately felt eye pain. I turned and left the store, knowing that the situation would only get worse if I remained. October 1, 2024 — Easton, MA — None There are multiple times, almost nightly, that I would bet my paycheck that certain oncoming vehicles had their high beams on, and I would put on my high beams, only for them to flash their brights at me because I was wrong. I've been driving for almost 50 years and I have always preferred driving at night until the last 5 or 6 six years or so. It just seems as if EVERY oncoming vehicle have the high beams on. I try every trick in the book to not look directly at the lights, to focus on the right side line on the road and I've even purchased a few pairs of night driving glasses. The glasses reduce the glare a little bit, but doesn't help much. Most of the sunglasses I have work, but I can't see the road properly. After an oncoming car passes I have difficulty seeing, have spots etc, that last anywhere between 20 and 55 seconds where I have limited visuals on the road, instead of my usual 100% attention, while waiting for my eyes to adjust. Sometimes after I get to my destination, I realize I have a headache. My first car had two round, sealed beam headlights with incandescent lamps. Only one was functioning and that was plenty of light for me to see and drive. My current vehicle, a 2018 Silverado has more than enough light and projects for what seems like a half mile in front of me. I don't need to see that far down the road!. When I put the brights on, its crazy bright! I don't need all of that light. Things would be a little better if they eliminated to Auto -High -Beam function. Massachusetts drivers complained years ago of the brightness of the State Police emergency lights being too bright, practically blinding you as you were approaching the police cruiser. Eventually after a few collisions and unfortunately injured troopers, they changed the lights to be less intense. I get stressed out when I have to drive at night because of this easy -to -rectify problem with LED Lights being so bright, when they don't have to be. September, 2024 September 30, 2024 — Westminster, CO — None Sitting at an intersection with a car on the other side whose lights were so bright that the traffic lights could barley break through the "white out" effect from LED lights. Multiple people (myself included) flashed their lights at the driver in hopes they would turn them off but instead the driver made them brighter. Even if this person was not on the road with illegally modified headlights I come home every night with so many spots in my vision that I am almost blind and it seems to get worse with every repetition, I fear I might loose my eyesight. 41 of 76 September 28, 2024 — Denver, CO — Other This report is for many different incidents as I don't feel like submitting over 500 different incidences. It's a daily problem, every time I drive I am affected by these lights. There has been times I've almost driven off the road because I simply can't see the road from being blinded. It's absolutely absurd that this has not been regulated. I get migraines from these lights now, it produces extreme amounts of stress, it has made me dread night driving which I work a night job so I'm kind of stuck dealing with it. I've had pedestrians run out in front of my car and I almost killed them because I was being blinded. These are an extreme safety hazard and something MUST BE DONE. September 27, 2024 — Bar Harbor, ME — Migraine Have had migraines since youth, worsened by post -concussion syndrome in young adulthood. Construction vehicles, night driving, and even LEDs at pool facilities are intensely disruptive. Most recent example was a construction firm pickup with blinking yellow/white at 6am. Has seared my retinas for days and increased sensitivity to other lights. I already have to live with enough avoidance of crowded noisy places and entertainment venues due to strobes and music - LEDs make avoidance near impossible and driving potentially hazardous. September 26, 2024 — Idledale, CO — Migraine LED headlights have ruined my life by being the primary trigger of my migraine headaches. I never had migraines until these awful lights became common place. I can no longer drive at dawn, dusk, or night, and have frequently had migraines triggered by LED headlights during the daytime. I can't even stand the light from my own LED headlights and wish there was a way to replace them with halogen bulbs. Unfortunately my new car was pounded by hail shortly after purchasing it, or else I'd get rid of it in a heartbeat. When will these dangerous headlights be outlawed. As it is the auto industry and lack of action by Congress has forced me to stay home and limit my activities at night. I consider this discrimination. September 25, 2024 — Anytown, VA — Other In night time car headlights are blinding and the state does not allow you to tint windshield. September 21, 2024 — Shippenville, PA — Migraine At the dance studio. A parent had suv running outside while child took class. So they were sitting not driving with the headlights on full (low beam). Plus there was this weird strip of running lights wrapped the headlights and the grill. The lights were more white and not as purple as most. So the hit seemed a bit less. I know to not look up or towards the door. I always put up a hand by my eyes to block and avoid grazes. I've had troubles with headlights coming in the door historically. In which a seizure was triggered (in front of children). So now I always keep my head down and walk on the one side of the building to avoid the door to the outside. This door is a full see through business type glass. As I walked along the "safe" side of the building. The led headlights reflected off an interior (glass see through) door (it was at a slight angle), and hit me in my left eye, mostly. Part of the right eye. Instant reaction. Blink reflex. Yet couldn't open eyes. Couldn't walk. Felt short of breath. Almost threw up. Stood in a veg state for several minutes. Couldn't respond to anyone's questions despite hearing them. Slowly I pulled myself back to the world after 5 min or so and was able to walk away. Sat down. Couldn't do any of the work I was working on. Organizing and cleaning the teacher shelves. Etc. Couldn't even finish 42 of 76 the task I started. Barely made it through our team meeting. Couldn't think or filter my thoughts and words. I had severe pain on left eyebrow felt like an ice pick stabbed in. Yet felt like a bomb went off in my brain. Pain was so severe. Eyeballs hurt. The clarity of my vision decreased. Couldn't read fine print like I usually can. Left side if my face went numb. Size of my fist of an additional throbbing pain around my eye socket. I got super super super cold. Started shivering and had goosebumps. I have an apple watch. My heart rate skyrocketed at the exact time I got hit. And continued to be high for 20-30 min. But the worst was immediately following the hit. When hit by LEDs I struggle to sleep at night. It's like my brain is s00000 tired and sore but it's wired. Electrified. I can't sleep no matter what I do. Yep this happened. Couldn't sleep well at all. Today I have a massive migraine. The whole left top side of my brain is beyond sore. Can't touch my scalp. My eyeballs are killing me. Left area around the eyeball is pulsing in like mini pulses. Quick but defined. I can't think. I can't come up with the right words. Im so tired. This is all because a led headlight reflected off a glass door. September 20, 2024 — Raleigh, NC — None Headlights on newer cars make daytime and nighttime driving a constant safety and health risk. These weaponized devices are a clear violation of my rights. September 17, 2024 — Easton, CT — Electromagnetic Sensitivity My neighbor keeps her very strong LED lights on over her garage all night long from 7 p.m. to 7 a.m. and I cannot sit in the room where their light shines into my kitchen area. I feel sick and nauseous. I feel there is a very strong connection with the LED and frequency that is generated by the towers, wifi-routers, smart meters on their home and my home since I cannot have it removed. I place a date in this form but it is daily I am subjected to these harmful energies from the LED. The bright light is a light trespass into my private space. September 16, 2024 — Kensington, MD — None I have personally side -swiped a pile of debris on 270 that was jutting into the lane at highway speed that was "invisible" because of oncoming LED Headlights almost taking out myself and my family. Luckily it just scraped up the side of my car. On other occasions I have barely seen pedestrians on the street who were completely shrouded in darkness because of the contrast these ultra -bright lights create outside of their dazzling beams. I often find it very difficult to see the road markings or the actual profile of an oncoming vehicle because the only thing visible is the floating white ovals in my windshield. September 16, 2024 — Shippenville, PA — Migraine On August 27, 2024, my husband took me to an appointment with a Neurologist/Headache Specialist at the Cleveland Clinic at their Brunswick location. On the ride there I had a few minor hits from LED headlights which caused a migraine. While at the doctors office I was met with LED lights throughout the office. I got a severe migraine and a tingling feeling in my face. It made the visit with the doctor very difficult as I was unable to come up with the right words to describe exactly how the LED lights are effecting me due to the cognitive loss I had from the LED lights. During this visit it was stated by the Neurologist that LEDs are a common trigger for migraines. 43 of 76 September 16, 2024 — Shippenville, PA — Migraine I was riding in a vehicle with co-workers as I am unable to drive because of the LED lights. I picked my head up to look around because we were in the woods when the vehicle in front of us hit their breaks and the lights came on and caused an immediate migraine. Note that the vehicle that caused this was a government vehicle. I had an aura and severe cognitive decline that lasted for hours. Also had a numbness feeling on the left side of my face around my eye and nose. September 16, 2024 — Nashville, TN — Other I have Mast Cell Activation Syndrome. My body produces an allergic reaction to things that wouldn't normally cause anyone else a problem, including LED lights. My brain interprets the rapid flashing light as if there's something attacking my body, resulting in what we call a "histamine dump." Histamine dumps lower blood pressure. But given I have a condition known as Postural Orthostatic Tachycardia Syndrome, which already gives me low blood pressure, the combination of this condition with MCAS histamine dump causes me to go into hypovolemic shock. It causes the worst pain I've ever known, where my brain is screaming for oxygen and nutrients, fading in and out of being hyperaware of how much pain I'm in only to dissociate from it as a way to protect myself from the mental anguish of that pain. I've almost died from this several times. For almost a decade, I exhibited symptoms of hypovolemic shock at the end of nearly every day, only to be told it was a cervicogenic headache or migraine. Now that I'm diagnosed, I'm on a medication to treat it. But that medication isn't strong enough to counteract the effects of extremely bright LED headlights, let alone LED streetlights. Every time I leave the house at night, I get sick. I'm already disabled my multiple chronic conditions. My life is already limited. I don't know how to live life unable to even go outside at night. September 14, 2024 — Vacaville, CA — Autism I was driving at dusk when a fire truck or ambulance suddenly appeared with LED lights flashing. I immediately threw both of my arms in front of my face and hit the brakes to stop the car. I thought that this might be the end of my life. The LED flashing lights are sheer terror and I can't function. After the fire truck/ambulance passed by, I felt like I was going to cry from the emotional trauma. My brain then feels like it's dead even hours later. September 12, 2024 — Moorhead, MN — None When driving on roads with multiple lanes last night, I turned my driver's side mirror out and flipped the tab on my rearview mirror because the headlights around me were causing me physical pain and making it nearly impossible to drive. I couldn't see the road in front of me when the headlights were reflecting from the mirrors into my eyes. After adjusting my mirrors, I couldn't see anyone on my driver's side without turning my head, and I couldn't see well behind me in my rearview, but I felt like a much safer driver with those changes because I could actually see the road in front of me. September 5, 2024 — Keene, NH — Other Driving down a tree lined road at around 6 PM (dusk) there was a vehicle stopped in the oncoming lane with their lights blinding me. As I slowed down and continued on my side, I saw a headlight blink. That was the only warning I had that there was someone in the road. I slowed down to a crawl, and the driver was out walking around their vehicle with the driver's side door wide open into my lane. If I continued going the speed limit (30 MPH) I may have hit the driver 44 of 76 or at the very least hit their open door. I was able to stay calm driving home, but when I got home 10 minutes later and realized how close I came to possibly killing someone (because the LED headlights were blinding me) I had an anxiety attack, including shortness of breath, racing heartbeat, and a feeling of doom. I already only drive as strictly necessary because of these lights, and this incident further fuels my fear of these headlights causing me to get into an accident. September 3, 2024 — West Deptford, NJ — Photophobia This is an ongoing problem. For the past few years I have been unable to shop at the local Shop Rite ever since they doubled or even tripled the amount of lighting above the checkout lines. I get migraine symptoms within minutes even while wearing my tinted glasses and a wide brimmed hat to bloc much of the light. The lighting is that intense. I get visual distortions, nausea, and the Pain starts in about 5 to 11 minutes (I've timed it) I can no longer shop at my local supermarket. The manager I spoke to had callous disregard for my condition, and my emails to management have received zero replies of any kind. Other Shop Rites aren't nearly this bad. The Glassboro location recently remodeled and installed DECENT, HUMAN LIGHTING that doesn't bother me at all. Why cant all supermarkets do this? There is some financial damage from this: I've been paying the higher prices at Acme because I can stand the lighting, or driving the 16 mile round trip to the Glassboro location just to feel human when I shop, so thats extra gas and miles on my car every time. September 3, 2024 — Deptford, NJ — Photophobia I tried to shop at the Five Below in Deptford NJ on Almonesson Road. I only needed one item, I hadn't been in this particular Five Below before. I barely lasted 5 minutes in there before migraine symptoms started, even with the protection of my FL41 tinted sunglasses. The LED lighting is so intense it completely overwhelmed any protection. I was fine when I entered the store, but within minutes I felt nausea and the beginnings of the familiar headache. I had to rest for a few minutes in my car where it was dark, just to recover. September 2, 2024 — Zwolle, The Netherlands — Migraine Hello, im am not able to use any screens that use dithering and low frequency of PWM. With in use of a product that use these technologies it will give migrenen instantly. I am really conserd of the future because more screens are made with this technology. I have 3 kids and for so long i can i will not let the use devices that use PWM on los frequency and dithering. It will do damage on the long run. For now there is to low attention for this problem and i hope senserly that in the near future this will be widely known. September 1, 2024 — Novi Sad, Serbia — None Dear FDA Representatives, I am writing to bring to your attention a serious health concern I have experienced with MacBooks manufactured after 2022. All MacBooks purchased after 2022, including the MacBook Pro M2 Max, cause severe eye pain, muscle tension around the eyes, and migraines. These issues occur when using macOS, with symptoms appearing almost immediately upon using the device. I sustained a severe eye injury during testing, limiting my work time to 40- 45 of 76 minute intervals. Even a year later, I cannot work for more than 8 hours a day. Despite consulting several ophthalmologists and specialists in binocular vision disorders, no significant issues were found, and all professionals confirmed that my eyes are healthy. My symptoms disappear when I stop using MacBooks and switch to other devices that do not use Temporal Dithering. There is a clear connection between my symptoms and the use of Temporal Dithering technology in MacBooks. More information on this technology can be found on the following forum: https://Iedstrain.org/t/temporal-dithering. As further evidence, MacOS users who managed to disable Temporal Dithering no longer experience headaches or eye pain: https:Hledstrain. org/d/2686-i-disabled-dithering-on-apple-silicon-introducing-stillcolor-macos- mlm2m3. I am deeply concerned that in the future, I may be unable to use any Apple device, compromising my rights and ability to work. I urge the FDA to regulate the use of technologies that involve pixel flickering for color display in Apple products. Your intervention is essential to ensure that sensitive users can continue to use Apple technology safely and effectively. August, 2024 August 31, 2024 — Madison, California — Autism I was a passenger in a car. As we approached a roundabout, a truck with white LED lights, the circular ones near the bumper, struck me directly. I screamed profanity and began crying. The other 3 passengers all confirmed that the light was excessively bright. For me, however, it was severe emotional trauma. The after effects are very long lasting. August 29, 2024 — Christchurch, New Zealand — Sjogren's I was driving and came to a set of roadworks where I had to stop at some temporary traffic lights. I was the car in the front of the queue at the light. There was a worker's utility vehicle parked right behind the light in my line of sight. It had its rapidly strobing lights on. I am unable to function if I look at strobing lights due to neurological and eye symptoms from my common autoimmune condition called Sjogren's (for example Sjogren's impacts an estimated 3-4 million people in the U.S.). I do not have trouble with sunlight or incandescent lights, but LEDs are painfully glaring to me, and strobing lights cause even worse disability. In the incident I am describing I had to block my eyes with my visor and arm, which meant I could not look at the traffic light and I had to wait until the car behind me tooted so that I could know when to drive on. Even then I had to do so VERY slowly as I had to keep blocking my eyes as I went past the strobing vehicle and there was a danger I could hit a roadworker. August 28, 2024 — Esparto, CA — Autism I was driving and encountered a utility truck with both sets of headlights turned on. I turned on my non -LED high beams in the hope that the driver would turn off the high beams. Instead, the driver turned on amber LED flashing lights that incapacitated me. I was unable to proceed forward and stopped my car. Instead of driving off, the driver of the utility truck stopped also. My vision and cognitive abilities were severely impaired, with panic setting in. Finally, I started to inch forward, and then so did the utility truck. It seems like the driver was doing it on purpose. After he left, I spent several minutes simply stopped in the middle of the road, trying to breathe and let the panic subside. 46 of 76 August 24, 2024 — Crawfordville, FL — Epilepsy Hi! I was diagnosed around 27 with epilepsy, cataplexy, and narcalepsy. It is a rare condition. I am now 52. I lost my license to drive at 27 be I had a grande mat seizure front the sun shining down through the trees and as I drove thru them the light would blink and next thing I had totaled my car. I noticed that the sun was a problem to me around the age of 16. Wearing sunglasses doesn't really help much. I am very sensitive to the light. My favorite thing to do is shop. The LED lights in the stores have now even made it to where I can not shop if they have the newest led lighting. I know what stores to avoid It will actually make me very sick if I go into a store w led. I'm not sure to tell you if I am shaking but I do know I get very confused and I will pouring with sweat. It almost paralyzes me. I can barely move or walk. I recently was in Big Lots where I had my last episode less then a week ago. I'm begging someone to listen. I will even have my mom record an episode and send it to you. Many people are affected by this. I want to be the voice that gets heard. I am literally begging to make this lighting go away so I can safely buy groceries. August 23, 2024 — Monroeville, PA — Autism I am unable to focus when I drive at night due to LED headlights. I had zero issue driving prior to their introduction. Even during the transitional hours of morning and evening sometimes these headlights are too bright. I am blinded to the point that I see afterimages of the lights in my eyes even without directly looking at them as if there were many tiny suns on the road. August 22, 2024 — Rocklin, CA — Autism LED headlights, along with increasing levels of aircraft noise, have literally taken away my ability to live independently. I was diagnosed with high functioning autism when I was 17 and one of my symptoms is a high sensitivity to light and noise, which is common among autistic people. I worked as a mechanical engineer in the San Diego metropolitan area for about 3 years after graduating college in 2020. During that time, I was with a long-term girlfriend and was even living with her for the last year of my time there. While living in San Diego I was getting more and more anxious and overwhelmed to the point where I wasn't able to function enough to keep my job or be a good partner with my girlfriend. Eventually, I had something akin to a nervous breakdown and I am now living at home with my parents and working at my local grocery store (thank god I have loving parents who are willing to help me out). I believe that the exponential increase in recent years of both LED headlights and ceaseless air traffic over residential communities were the main cause of my anxiety. As an autistic, I need to live in an environment that's a sensory safe space (dim and quiet) so that I can recharge from the stimulation of a full day in the hustle and bustle of life. When there's aircraft noise penetrating my room and LED light every time I drive, there's very little break from the overstimulation. If I'm not able to get this recharge time, the sensory overload causes a cumulative effect, and anxiety builds in me. While living with my parents, in an area with much less air traffic, I've been able to work reduced hours and limit my nighttime driving. I'm starting to see my mental health improve. 47 of 76 However, I still have to be careful not to drive for more than 15 minutes or so at night and I mostly have to stay indoors where I can control the lighting and noise levels. I used to love exploring at night. In fact, I would often go out during the nighttime because this was when the noise of the city quiets down and I feel more comfortable. It's not fair that the world is taking this freedom away from me by creating an unnecessarily harsh environment for sensory sensitive people. I also used to love camping for similar reasons (it was an escape from the noise of the city), but the proliferation of aircraft have taken this escape away from me as well. I have done a lot of brainstorming and can think of several ways that we could make our world more sensory friendly without significantly reducing quality of life for neurotypicals, such as reducing brightness / adding diffusers to LED lighting, enforcing common sense vehicle noise laws, and creating no -fly zones over designated sensitive areas. August 19, 2024 — Marietta, OH — None I work mornings mostly, which means I'm on the road when it's dark out. Every led that passes me or gets behind me blinds me. Most times I have to stare down at the middle line to make sure I'm still on the road. Even dark dirt road my cars yellow brights work just fine. There's no need for someone to light up the whole state of Ohio August 16, 2024 — Middlefield, OH — Migraine I went to my bank while it was closed on the weekend to get money from the ATM, but there were so many LEDs that I had difficulty making out the buttons, I felt disoriented, and quickly started to have pain in my eyes and head, resulting in a low grade migraine. I had difficulty responding to the passenger with me in the vehicle and making quick judgements while driving afterwards. I had a headache the rest of the day and into the next day after the couple of minutes at a machine to access my funds. August 15, 2024 — Round Lake Park, IL — Photophobia I have had glasses since I was 10 years old and am now 31. After reaching my 20s my eyes leveled out and my prescription did not change for over 6 years. In the past year and a half I have worked from home on a computer. Between computer screen and the blue LED headlights my prescription went from-3.5/-3.75 to-4.25/-4.25. Even more recently for 2 days my left eye experienced a `halo' effect when looking at lights that worsened at night. Thankfully it went away after a few days, but 2 opthalmologists couldn't determine the cause. Driving at night is an increasing hazard due the brightness headlights, especially the LED ones. There does not seem to be any regulation on how bright headlights can be and all the LEDs make it difficult to see the road when there are oncoming and they leave a lingering effect on my eyes after they've gone. I have order my new prescription with blue light filter lenses to lessen the effect of headlights and screens. Those special lenses seem to range anywhere from an additional $30 to upwards of $100 on top of the cost for the frames themselves. And that was on a cheap website like Zennioptieal. August 14, 2024 — Goodyear, AZ — Migraine I have migraines that get triggered from bright lights from light bulbs and sun glare. I used to be safe from this affliction at night, but that hasn't been the case ever since LED headlights have become popular. I now feel that I have to wear sunglasses at night as well as during the day to avoid what feels like the unabated light of the sun from traffic from the opposite side of the street 48 of 76 or from trucks who tailgate me for not going 80 mph on the freeway. I am essentially left blind and with a burgeoning migraine every time a passing car shines their lights at me, and I am certain I am not the only one who suffers from this. August 12, 2024 — Queen Creek, AZ — Electromagnetic Sensitivity My wife started to develop dizziness every time she would go inside of a newly opened Costco near our home. When she would arrive home, she would be nauseous and have to rest for a while. Now, she struggles to go there alone because of how being in the store makes her feel, and usually needs someone to go with her. The lighting in the store is the bright white LED type. Very agitating to the eyes. Not sure if there's other factors at play, by the lighting is definitely an assault on the eyes. When I go in there, I'm in and out pretty fast because the lighting is so stressful. August 9, 2024 — Jefferson, OH — Other I have worked with injurious light emitting devices for 15 years. The act of being forced to look into high powered led arrays has been a continuous thing for me and at least a few other people at work. This has increased to a ridiculous glaring issue, and nobody seems concerned about. I became more interested in all of this recently when i noticed a sort of hole in my vision where if I look at something for a few seconds it just starts to go black. A common daily routine for me involves taking measurements thermal and electrical measurements of several very high powered lights in the space of a meter that output 72,000 lumens pointing up at my face, my face is less than 2 feet away. I was not given proper PPE and had to ask for it, then i received improper ppe, and by way of my own ended up using a shade 5 ppe for welding.(which is still not good enough because the stuff hurts my eyes also there appears to be zero science in choosing the right ppe for staring into injurious light) I am confused about what ppe to use for reading meters while viewing intense light. I went to the optometrist, and he claimed my eyes did not seem damaged, suggested i am experiencing some sort of photo bleaching and said that they will be damaged and he recomended that the company i work for should seek a safety hygienist. But like i said stuff disappears if i look at it for a few seconds a plus i seem to experience mental problems while being around these intense lights. I have read through all the regulations and shortcomings of various federal regulatory bodies and i just don't know where to start besides letting the safety coordinator person know my problems. I have not done that because i want to make a clear case and show everyone what is really wrong. That and i don't want to end up being ignored or dismissed. August 7, 2024 — Knoxville, TN — None Excessively bright, unshielded lights are being set up over the city, some residential, some commercial. Despite being against code, the City does not effectively address the issue. Lights close to my home Leave me and my neighbors blinded to own properties, as well are problematic for drivers. I am literally unable to look across my lawn when they are on, as the glare is blinding and painful to my eyes (I have no eyesight issues), meaning I cannot see anything. They're also an ecological catastrophe. It is unbelievable these lights have gone unregulated this long. August 7, 2024 — Valley Stream, NY — None LED headlights are incredibly irritating and they've become far brighter than is necessary. Not only are they absolutely blinding in some cases but they're DISTRACTING, and I can't imagine 49 of 76 what could be worse on the road. Headlights should be sufficient and shouldn't pose an issue for other drivers. The fact that they do risks lives every day! August 6, 2024 — Winters, CA — Autism I was driving on a country road in the daytime. Over 1 mile ahead of me was a utility truck on the side of the road with amber LED flashing lights. For the entire mile, I was either glued to these LED flashing lights, or forcing myself to look away. As I approached the truck, the LED strobe lights were overwhelming and I could not see through the lights. I stopped my car in the road and started to panic. I put my hand in front of my right eye, and then tried to use my left eye to navigate around the truck. It is impossible for me to think or see with these LED flashing lights blasting me and I suffer extreme anxiety and panic. August 6, 2024 — San Diego, CA — Other Honestly, this is an issue I must deal with EVERY time I have to drive at night! There are far too many outrageously and dangerously bright headlights that blind me and so many others I know. Whether it's headlights that haven't been positioned correctly, or large vehicles beams that shine directly into my review and side mirrors, either way it's awful! In order to drive without being blinded nonstop, I must flip my review mirror up, and use my left hand to block my drivers side mirror. This GREATLY reduces my safe usage of these needed tools, but I have no choice. I either do these things or be completely blinded by these eye scorching beams. I can recall when there were warnings against looking into these LED beans when flashlights started using them, and now, we are forced to be blinded by them WHILE DRIVING! ! ! August 6, 2024 — Culver City, CA — Other I have to hold one hand w/ a newspaper, and bring down my visor, the rear view & side mirrors to block all LED headlights. This makes it very difficult to see any traffic hazards. If the light does hit my eyes, i get a piercing pain back to my optic nerve worse than a migraine. August 5, 2024 — Beaverton, OR — Migraine Poorly designed LED lights impact my health severely. Flickering LED lights induce migraine headaches, and this affects my health nearly every day. Overly bright LED headlights and street lights impair my night vision and make driving more dangerous. August 5, 2024 — Bradford, England — None I walk my dog along part of a busy road, the car LED lights are so bright coming toward me that one night I did not see a bramble which hit my face leaving blood running down my face! August 4, 2024 — Spokane Valley, WA — Epilepsy The use of LED lights in public spaces has and continues to become a more and more serious issue as more and more are being used and lights are being switched to this. In department stores like Walmart, I can only be in there for about 10 minutes max and it sets off my epilepsy. I get nauseous, and dizzy and begin to have auras. I have to immediately go outside to natural light. They are being used as street lamps and at night with it already dark outside, it makes them that much more awful for people like me. They are being used in headlights and I made a serious note of this when my son and I drove to Denver and back from WA. If there was oncoming traffic at night and older cars with older style headlights, there is no issues driving at night. Sure 50 of 76 they are bright and you always have a little of that bright headlight thing going on, but those new LED headlights are just obnoxious beyond belief. Not only are they bright, but when you get a row of them and you have epilepsy — they flicker, and some flicker noticeably because when it is temperature change ie colder they seem to have an issue and cause flickering. As a person with epilepsy you only have the instinct to close your eyes and you can't because you are driving the car. Same with going down a street light with LED street lamps. And while I get that if you have epilepsy and they say don't drive. I CAN drive, and DO have my license and it is unfair to me to take away my license because of some light bulbs!!!! When I am otherwise allowed to drive. In my recent drive to Denver and the flickering head lights — some were almost to a point of flashing like an emergency vehicle. How on earth is that even safe for any driver encountering that in the dark at night? It is visually distracting like a strobe light. And then finally — I can not even have lighting in my own home or my office any more. You have completely gotten rid of any light bulb that a person with epilepsy or a person with strokes etc can use in their own home and using those ones that change the lighting tone from natural lighting to bright lighting really doesn't help sorry. So what do you expect all of us to do? Go back to only lighting our houses by candlelight? You, as the FDA need to LISTEN! I am in architecture and interior design, I am well aware of design and lighting. This is a very REAL issue that needs to be looked at. It is a health/ medical concern. My mom recently had a serious of mild strokes, and upon researching it since I have epilepsy — I discovered that strokes including decreasing blood flow to the brain CAN because by LED lighting! Before this is dismissed as a whim, you need to actually look at this. It is a real problem. If I go in to Lowe's or Home Depot in their lighting section I can last about 2 minutes and I have to go running out of there and want to throw up it is so bad. I used to love their lighting section — even just a couple years ago it was still ok because not all the lighting had been switched out yet — there was still a balance. Today I can make it about 2 minutes — you want to tell me that is not a serious health concern? I am just one person out of millions with epilepsy, strokes, migraines...... This effects a lot of people — not a handful. On my same adventure drive to Denver the other day — we stopped at hotel and stayed the night. When I came to the reception counter, the woman behind the counter had the lights above the counter area turned off. So I asked her about it and told her I had epilepsy and just wondered if she did and that's why she had the lights off. She told me that ever since the hotel had switched to the new lights, she can't keep them on any more. that she had a car accident and now had a serious stigmatism that caused her migraines. The new lights make it so bad she gets sick and can not be around them at all so she had no choice but to turn off the lights just to be in that space. The FDA needs to listen — it is a REAL problem! Thank you August 4, 2024 — Kittatas, WA — Astigmatism I have had to stop my car entirely when driving at night because the lights were so blinding. I literally can not see and choose to stop my car in the middle of the road for everyone's safety. I don't have this issue with all the headlights. For some lights, I do use my hand to shield my eyes from the headlights. I had to do this over the weekend once again. I have noticed that when I use my hand to shield my eyes I feel heat on my hand. This weekend's incident stood out because I had the a/c on in my car and I could still feel heat on my hand from the on coming headlights. I have also noticed that my left eye, the eye that gets the most direct LED light, has been slowly getting worse. 51 of 76 August 4, 2024 — Webster, MA — Migraine When the migraine sets in after just ONE oncoming LED vehicle I have much trouble focusing my eyes back on the road. Especially on darker back roads which I travel to work on in the early morning and also have trouble focusing at work. August 3, 2024 — Riverside, CA — Other Retinal retention where bright lights blind and the retina holds the image August 3, 2024 — Greenville, SC — None Because of super bright LED lights, I can no longer drive at night. My eyes are very sensitive to that horrible brightness and I had to change my life around this problem. I had to look for a job where my schedule is not ending at night. How can this be allowed? All of you know that this is wrong. WHY? August 3, 2024 — Onsted, MI — Astigmatism Led headlights (low beams) , white led running lights, LED brake lights, emergency flashing Led lights and Led streetlights have adversely affected my ability to drive safely. I do not drive at dusk or Night anymore unless I have to ( for work). I live in Michigan with snow covered roads and the most dangerous aspect of driving is being blasted by someone's Led headlights. I cannot use my read view or side mirrors anymore because of the vehicles behind me blinding my visions with their Led headlights. I have to constantly shield my eyes to be able to see the road due to oncoming Led headlights. I love nature and now my ability to enjoy the Night skies is ruined because of bright Led lights on at night. I never had any problems driving at night prior to Led headlights. Now driving has become a nightmare and a very dangerous task. Led headlights should be banned or at least some type of regulation regarding luminance and Kelvin temperature. Many Led low beams are much brighter than halogen highbeams. In addition to the dangers of led headlights being dangerous, they cause me headaches and eye pain. It's common. knowledge that blue light is detrimental to the health of humans and don't understand why this type of lighting is being used in the public. August 3, 2024 — Portland, OR — Other A few years ago I was driving on Hwy. 211 in Oregon near Molalla at night when I encountered a pickup truck with LED (BLINDING!) lights headed toward me. The glare caused me to be blinded to my lane from the oncoming LED lights, and there was a deer I did not see until after the pick up truck passed. That was too late. Although I was not hurt, the deer could have crashed thru my windshield; I have seen this before. My car was "totaled". August 3, 2024 — Fountain Hills, AZ — None Apparently the plan to get drivers off the road is working with the BLINDING LED vehicle headlights. The police LED flashing lights are SUPER BLINDING. August 3, 2024 — Canaan, NY — Astigmatism The LED headlights are a hazard.I'm still fairly young and have had to give up driving at night completely due to how unsafe it is getting blinded by them and not seeing the road for several seconds afterwards. I, like millions of others, have astigmatism in one eye, but I also have had migraines triggered by these lights, even during daytime driving from drivers with headlights on! 52 of 76 My optometrist and doctor's office staff have stated that many other patients report similar issues. The internet is full of forums with people complaining about these lights, and their accounts are very similar — if not even worse — than mine. It's astonishing and reckless that these lights are being inflicted on the driving public! August 3, 2024 — Bellevue, WA — None Interestingly, I believe this is also an issue for people with very good vision and not wearing glasses like me. The lights can focus very well onto my retina and make me uncomfortable looking forward at night, but how can people safely drive cars without looking at where the car is going? Due to the strong headlights in new cars, I simply avoid driving cars at night now. I live in Greater Seattle Area where it's mostly cloudy over the year, and the sun sets very early in winter. Some of these LED headlights are so bright, it's even a pain for me driving around noon during day time. As a paradox, Daytime Running Lights should promote road safety, but they do act as a safety hazard on some cars now. This video should demonstrate my point well: (%tt a :l`/ j . c ots b ,�,�)m/eAa1! ` y. � N ) Thanks. August 3, 2024 — Rochester, NY — Astigmatism LED lights have caused a multitude of problems for me since there general use. I'm blinded by LED headlights making it impossible to see after they have passed. LED lights in and on public buildings have resulted in headaches and migraines. LED streetlights makes driving difficult as it does not give diffuse light pole to pole. LED streetlights in a snowstorm create a dazzling reflection making orientation of the road impossible. LED strobes on emergency vehicles, construction vehicles and personal vehicles have induced seizure type symptoms. Driving at night and being exposed to LEDs cause sleeplessness August 3, 2024 — Acton, MA — Sjogeren's Having Sjogren's makes it extremely difficult to see with oncoming cars with unregulated LED headlights. They make it impossible to maintain any degree of driver safety. I must focus on the right edge of the road to be certain there are no pedestrians walking on the side of roads in the suburbs and country. Leaving the left side of my car exposed to the driving skills of the offending driver, which does not follow the defensive driving skills I was taught and use whenever I am in the driver's seat. The other issue I encounter are the extremely bright blue LED lights on police cars when I approach the scene of an accident or when they pull are car over for a driving incident. Even when driving at 2-5 miles a hour to be cautious not to hit anyone I cannot see what's in front of me. Their blue lights put me at risk of hitting a pedestrian even when driving at 2-5 mph. Why should my passengers and my safety be put at risk because of unregulated LED lights? If it has not already happened, this will lead to many lawsuits with the automotive manufacturers throwing the weight of their legal teams defending themselves when the regulation of LEDs would have prevented the injuries and loss of life. 53 of 76 August 3, 2024 — Chicago, IL — Photophobia EVERY DAY BLINDED AND SEE SPOTS VISION IS DECLINING EVEN IN DAYTIME! ! ! ! August 3, 2024 — Austin, TX — Other I have early cataracts. The LED headlights blind me, whereas halogen lights do not impair my vision at all. At a minimum adaptive driving beams should be required in the US like they have been used in Europe since 2012. August 3, 2024 — Fresno, CA — Astigmatism Why do we have dimmer switches on our cars' headlights if intensity doesn't matter? As a person with astigmatism I just had a conversation about these lights at my ophthalmologist's office as several of the office staff were nearby and joined in. All agreed these lights are so blinding, especially to those with astigmatism, and it creates a driving hazard. We all opined that they need to be regulated because they said they see problems with them across the board with their patients and in their own lives. I'm also very photosensitive and have to look away from those oncoming lights to not be blinded by them. Should you really have to take your eyes off the road to drive? Does that make any sense? Again, why do we have dimmer switches on our cars headlights if intensity doesn't matter? August 3, 2024 — Hamilton, MA — Astigmatism Like myself, millions of Americans have astigmatism that makes it difficult to drive at night. LED lights from oncoming cars, esp on 2 lane country roads, make it almost impossible to navigate safely when coming home from work in the winter. I have almost driven my car into a lake after being momentarily blinded by this kind of headlight. While good for the driver who has them, they are DANGEROUS for everyone else using the roads at night. Thank you. August 3, 2024 — Fort Collins, CO — Other At 74 and having cataract replaced and it is nearly impossible to drive safely with the blinding blue white glaring LED lights. It is so distracting and frustrating I loose my concentration to drive properly. The lights seem to bounce up and down with a blinding flashing impact. Even police vehicles red and blue flashing on the side of the road are so blinding it is difficult and unsafe to go around them. I can't see what is in front of me. The contrast from dark to blinding flashing lights is too much to see what's in front of me. August 3, 2024 — Chicago, IL — Astigmatism Bright LEDs make it hard to drive at night. It's blinding and unsafe for me and the public. Sometimes sunglasses help but I shouldn't wear those at night August 3, 2024 — Hinsdale, NH — Photophobia I absolutely can't look straight ahead and watch the road when an oncoming car with LED light comes toward me. I actually turn my head to the right a bit so as to not get blindness. If I do look at them, I see dark spot in my vision, just like a dark shadow that blocks the road. I also get 54 of 76 migraines and have come home from driving at night very upset because I realize my migraine is most like due to the bright lights. I have to limit my driving at night unless it is necessary. It is a danger to me and others to be on the road at night. Please help with this scary situation. August 3, 2024 — Yonkers, NY — Migraine Headlight blind me. I cannot go out at night even for dinner with friends without being blinded and triggering migraines. I have better than 20/20 vision and these newer headlight blind like like the older ones never did. They really limit my quality of life. I went out for dinner with friends in the evening in July and was so blinded on the way home that I barely got home. I got a severe migraine lasting several days. August 3, 2024 — Glenville, GA — Migraine They make me have stroke symptoms every time I am near an LED light of any kind August 2, 2024 — Portland, OR — Photophobia I am 40 years old, and I cannot see at night when faced with LED headlights (can see fine when they are not present). I have been told by 4 eye doctors that there is nothing wrong with my eyes and I have no condition to warrant a diagnosable handicap. Because I cannot see at night, ESPECIALLY in the rain (here in Oregon we get 9 months of rain per year), I am forced to get rides from others or not drive at all at night. This significantly impacts my job opportunities and my income potential. I am incredibly stressed out because of this and do not understand why no government agencies are taking action on this problem. I plan to pursue further lobbying activities or and/or legal action. August 1, 2024 — Mangonui, New Zealand — Migraine After accidentally (I have to avoid exposure to the direct beam of the LED) viewing a small but powerful security light for less than a second, I had to violently throw up for up to two minutes at which point I lost consciousness and fell to the concrete floor and hit my head. I woke in a pool of blood and further vomit. The security light has been turned off so I am safer in my home but unable to go anywhere with LEDs safely. I am now registered disabled and struggling to maintain my work which now has to take place at home. I have had several severe episodes where they have caused me to have seizures that can take months to recover from. I now experience up to 3 led induced migraines as opposed to once every three months prior to the roll out of LEDs. If I look briefly look directly at an LED it damages my vision and I am left with spots in my vision for hours to days. If spending time in spaces lit by LED I can find it hard to think clearly, I am unable to speak clearly and cant remember words. this also happens when I have a migraine with aura set off by a strong LED. My life has changed in every way imaginable since they where rolled out in my location around January 2021. August 1, 2024 — London, United Kingdom — Other Council lawnmower with flashing LED lights drove past me while I was walking along the road. I felt immediate severe head pain, nausea and discoordinated, and fell into the roadside ditch. I then vomited, climbed out with blurred vision and pounding head. July, 2024 55 of 76 July 30, 2024 — Federal Way, WA — Other LEDs cause me so many neurological symptoms brain fog, anxiety, depression, OCD, headaches, ghosting (ex. When looking at led tail lights and looking away I see them but it's a ghost appearance that's green) , lose my place when talking, visual accomdation spasm trigger, disconnect feeling, nausea. It's been a nightmare with LED lights. Some are worse than others.. especially ones using PWM as their brightness control which induces flickering. Car headlights are the WORST. I can see the flicker of most led headlights it's very uncomfortable. July 24, 2024 — Blandon, PA — Other I had an LED come downhill at me with high beams on while I was driving. Despite having light blocking glasses on, and being in my car behind my windshield, I still managed to suffer a temporary vision injury. For several minutes following the car passing me, I had a GIANT hallucination of an oval of light, with regular sight in the dead center, in both eyes. It was my first time experiencing this, and after the second minute I had begun to think it may be permanent. The experience was terrifying, I was over an hour from home, and so emotionally distraught on top of the vision impairment that it was difficult to maintain stable driving. July 17, 2024 — Sacramento, CA — Autism I was driving on the freeway in the slow lane, when a tow truck in the fast lane ahead of me suddenly turned on LED strobe lights on the top of his struck. It felt like a lighting bolt when through my body. I instantly closed both eyes and felt like I should drive off the bridge. July 16, 2024 — Albuquerque, NM — Migraine When I am too close to these white LEDs, I tend to get a large, massive migraine and then I start to lose control of my senses. I become extremely quiet and my friend that I stay with has been noticing that I would act strange and also tend to get a little violent with him. Again, I have NO control of my senses when I am TOO CLOSE to these bright lights! I end up basically not remembering anything and my friend is telling me like, "why were you acting like that??" And I first did NOT know what was causing the problem, until I figured out that when I am REALLY CLOSE to these white LEDs, I tend to start getting that migraine and then lose complete control of my body! I currently am staying with my friend and where he lives, the city is refusing to take matters of these issues that SOME of the residents are experiencing SIMILAR symptoms. My friend who is Autistic will get really painful migraines! And he'll take WAY TOO many painkillers to try and stop his headaches. Before the city of Albuquerque changed their streetlights to white LEDs, my friend and I have had NONE of these issues. After a few months of these leds being installed in the city, Me and my friend had started to get these strange symptoms and they have only gotten worse! I've personally contacted the state and city's legislature and administration regarding this problem. BUT they don't want to do anything about the problem! My friend has contacted the whole state PLENTY of times explaining that this is extremely dangerous, but again, they do NOT want to do anything about it! I'm hoping that somehow, we can make Albuquerque replace their led white lights to a softer light like, 2200k HID LEDs and also MAYBE some LED VAPOR lights! I hope you can help force Albuquerque to do this! July 15, 2024 — Albuquerque, NM — Autism I am Autistic and have a sensitivity issue with BRIGHT LIGHTS. My city has changed their 56 of 76 streetlights to LED 3000k and 4000k lights from streets to parking lots. Ever since these lights were installed, I have been getting constant migraines and large headaches multiple times a month. My city is REFUSING to do ANYTHING to bring back ANY form of AMBER streetlights. I've contacted the city AND state A LOT! And they won't do anything. I've even tried contacting the DOT of the state and he won't even be much help. My city continues to IGNORE my concern and also continues to install these WHITE LEDs. I've tried EVERTHING I could to help my city but they won't do ANYTHING. I hope I can FIND a way to FORCE my city to bring back these AMBER AND VAPOR streetlights back! My city had installed these lights back in 2019 and I've done EVERYTHING I could to try and make the city understand that these lights are TOO BRIGHT, and I CANNOT continue much longer going to bed every night and waking up every day with a LARGE MIGRAINE that causes me to even become DIZZY at times! I hope you can help me fight this issue in my city and FORCE my city to bring back AMBER AND VAPOR streetlights! Thank you for reading this! July 9, 2024 — Woodland, California — Autism A fire truck came down the street with LED strobe lights. The strobe lights caused me to suffer psychological trauma which lasts for hours after the incident. July 9, 2024 — Mangonui, New Zealand — Migraine While traveling in the passenger seat along the state highway felt sudden thunderclap pain to the left occiput passing three flashing LED lights on three diggers repairing the road. My left eye began to stream, my speech became slurred, then dysaesthesia to the left side of my face and arm occurred. I felt as though I had a concussion. The symptoms of this hemiplegic migraine event resolved gradually over a three day period. June, 2024 June 29, 2024 — Hillsboro, OR — Other My partner and I are blinded by LED headlights that drive behind us these days. It is getting worse. WE ABSOLUTLY HATE IT!!! It's unsafe and poses a safety hazard. LED Headlights are basically high beams. At least "high beams" have regulations on when they can be safely used. June 21, 2024 — USA — Autism An individual contacted the Soft Lights Foundation to report thoughts of suicide due to repeated exposure to blue -rich LED lights such as vehicle headlights. The neighbors called the police who came out for a welfare check. The police stated that only the city council could do something about the LED lights. June 14, 2024 — Havre, MT — Other The Bureau of Reclamation, a federal agency, is conducting a three -to four year construction project near our home. They are using high -intensity LED lights on the site. Our home is over one-half mile away from the site and 1.00 feet higher in elevation but the construction lights are projecting into our home, lighting it up from end to the other, and have been doing so since the summer of 2023. We have been asking them to modify their lights since August of 2023. When I started having daily migraines in December of 2023, we started blocking some of our windows 57 of 76 with cardboard, but the damage turned out to be far worse. A few months ago, my husband was diagnosed with a sudden and drastic change of vision in one eye which alarmed his ophthalmologist, who was unable to find any physical reason for the loss of vision. June 12, 2024 — San Tan Valley, AZ — Migraine It literally feels like it is burning my retinas. I no longer feel safe driving at night. It's not safe for me or others. I don't know what to do. I feel like I'm going crazy. June 12, 2024 — Tampa, FL — None I recently visited a local establishment for lunch and every single one of their lights had 5000k (maybe even higher) bulbs in their fixtures. The color wasn't the only problem, but they clearly used some cheap bulbs with a very low CRI and a terrible flicker rate. I'm normally not *that* sensitive to bad lighting, but this place in particular immediately triggered a full migraine and a feeling I can only describe as nauseating. I looked up pics on Google maps and years ago this place had nice warm lighting and used Edison style mcandescents. Makes sense that I had no ill effects the last time I was there. June 8, 2024 — Brantford, ON, Canada — Photophobia I am blinded by LED headlights while driving. This is extremely unsafe. LED headlights should be banned. June 5, 2024 — Escondido, CA — None As I walked into my local Costco, I was assaulted by an LED demonstration light. Immediately I got a headache and my vision turned blurry. Even after getting past the light, the effects lingered. As I walked down the first aisle, another demonstration light hit me, with the same result. I spent the rest of my time shopping under duress. I spoke with Jose H., the membership manager, and explained how dangerous those lights are, especially to people with neurological sensitivities, that they can cause seizures and worse, and requested that they be turned off. He said he couldn't do anything. He would have to confer with the corporate office. June 5, 2024 — Doylestown, PA — None The LED lights are like Searing Laser High Intensity Lights that BLIND the drivers visibility and harm my eyes with pain and headaches. There is no avoiding them, I find I have to shield my eyes anytime one of the LED vehicles come toward me on the road. It is Impossible at night to drive and extremely difficult during the day I suggest going back to a softer headlight and putting an AMBER shield on vehicles that have LED lights to soften and stop the blinding that they cause or best go back to the softer traditional lights. It is IMPOSSIBLE to drive at night and will eventually lead to burned out retinas and macular degeneration with this constant blazing brightness directly in the drivers eyes. June 4, 2024 — Petrolia, CA — None At night when an oncoming car or especially truck has LED bright lights, I stop right where I am. I can't see to move forward lest I drive into the oncoming vehicle or drive off the road, hit a tree or down a hillside. This happens frequently in the rural areas. In town, I cannot see pedestrians or even signal lights when the headlghts are aimed at me. It makes all the other features like crosswalks and parked vehicles disappear. Certain headlights are a danger and I'm glad I haven't had an accident from being blinded by them. June 4, 2024 — Cumberland, MD — Migraine I have spent many hours trying to block the harsh alien light that floods our house since the LED streetlight has been installed in front of our house. It is summer now with leaves on trees. The light will be even more intense and be on for longer times in the winter. When I step onto my porch in the evening I am blinded by the LED streetlight and it is difficult to leave the porch without the risk of tripping on steps. I no longer take evening strolls because of the blinding glare on our streets. When I do walk at night, I get red spots in my vision and suffer headaches. I have had several panic attacks while trying to sleep. I feel that these have been triggered primarily by the oppressive feeling that my home and home life has been severely impacted and there is nothing I can do about it. June 3, 2024 — Oakland, CA — Other blinded by oncoming headlights and totaled my car (1-17-2024) June 1, 2024 — Fairfield, CA — Autism During the day, I was driving a vehicle on a freeway when I struck by an LED flashing light from a bicycle on a parallel road. I reactively closed my eyes and then suffered a seizure reaction, which I would describe as like an electrical shock and loss of cognitive functioning and vision. I then had to emotionally fight off a panic attack. May, 2024 May 31, 2024 — Logan, UT — None Our city has a `suggested' policy of dark sky compliance where often they will cheap out violating EISs for various road projects. I successfully had a `cobra' style HPS light typically used at interstate interchanges removed from near my home due to light pollution. Now on the street the rest are being phased out for Dark Sky Compliant (DSC) LED lights and it is a wonderful change. The light is diffuse, lights up the sidewalks, and has minimal spill onto homes or the street. A new hotel has been built across the street from us and the owner incorporated Dark Sky Compliant LED lights in the parking lot and surrounding and it is only slightly more bright at night than before, and it is safe for the hotel guests. I'd recommend making formal comments to Beaverton City to mandate future construction to be DSC and incentivize retrofits to meet DSC. Glaring lights are only slightly less annoying to me than sound pollution, but I've worked with our city to address both. May 30, 2024 — Jaffrey, NH — None Being the director of a public library which offers evening hours, I regularly need to drive the 1/2 commute home in the dark. I also help care for my 93 year -old father, which again requires night driving. I am not elderly, do not wear glasses, and just passed the vision portion of my driver's license renewal. I have no health issues that would make night driving difficult. The new LED headlights have made night driving extremely dangerous for me and by extension, anyone else I encounter on the road. I am literally blinded by the headlight intensity of both the 59 of 76 oncoming traffic and the cars behind me if they have LED headlights. I studiously attempt to not look at the oncoming cars with LEDs, which means I don't have full visual scope, but as I live in a rural area, cars can come from around corners or over hills before I know where exactly to focus my eyes to avoid direct contact; thus I am constantly dazzled. If I accidentally have even a momentary direct eyeline contact with LED headlights, I have a blinding afterimage that lasts for several hundred yards. There are no shoulders on the rural highways I travel, so I cannot pull over until my blindness passes (and I would have difficulty seeing the shoulder after exposure anyway). If a car behind me has LED headlights, the glare in my rearview and side mirrors can interfere so badly with my ability to see that I sometimes have to turn all the mirrors away so that the glare is targeted elsewhere —very dangerous, if not illegal. The LED light from the car behind me is so intense, I could easily read a book if stationary. I have begun wearing special yellow glare -reducing glasses to drive at night, but as they reduce and darken my overall vision, this is risky. I cannot cease driving at night if I wish to remain employed. I cannot cease driving at night if my father is to continue to receive my care. I don't wish to cease driving at night and limit my ability to freely live my life simply because all new cars have ridiculously blinding headlights. The invention of LED headlights has created a real problem in my life, and the danger of an accident is real. There doesn't even seem to be a justification for their widespread use, which is additionally maddening. I have limited my comments to the issue of safety re LED headlights. In other areas, I also find LED light has reduced my quality of life (I can no longer see the night sky due to neighbor outdoor LEDs, etc.) and am outraged that I am given no choice in the matter of home lighting. For decades, I have line dried all my laundry in an effort to energy -offset my continued use of incandescent lightbulbs. Now it is illegal to sell incandescent lightbulbs and I am consigned to having to spend every night hour of the rest of my life illuminated by light that feels like nails on a chalkboard to me. That rant can wait for another day. Please take complaints regarding LED headlights seriously. They are TOO BRIGHT. How many accidents will need to happen before this is addressed? I know I feel like an accident waiting to happen unless I cease driving altogether, which is not an option and shouldn't have to be. Thank you. 5/30/2024 — Brighton, England — Migraine My life has been devastated by LED lights. I am severely triggered by LED lighting, especially car headlights. I experience extreme migraine for up to 2-3 days after looking at a car headlight or a LED strip light, depending on duration of exposure. LED panels in shops, buildings and street lights make me very ill also. I can be vomiting for 6 hrs or more after exposure and have severe head pain, weakness and complete disability. Consequently I am now pretty much housebound and excluded from all social activities, travel and work. I have tried all the blue light blocking glasses but it is the FLICKER that is the trigger. In the same way strobe lighting affects people with epilepsy. 60 of 76 It is totally unacceptable that so many peoples lives have now been pretty much ruined by ubiquitous LED lighting. 5/28/2024 — Kuala Lumpur, Malaysia — Photophobia Instant trigger of chronic migraines. Can't even function at all. 5/28/2024 — West Springfield, MA — Other Driving home at night from visiting my daughter and grandkids, my partner and I who are in our late sixties were constantly bombarded by LED lights. He was behind the wheel while we both kept aware for the usual zig-zagging speeders and with warm weather, motorcycles ( why aren't they required to have a red light or reflector on the back of their helmets?). It's like running the gauntlet having white/ blue blasts of light dazzle you from opposing traffic. Even on highways with wide median strips you never know when you will be temporarily blinded! There is construction everywhere, lane shifts, narrow temporary lanes with rough pavement and confusing signs and then those lights, sometimes from packs of cars all with LEDs hitting your eyes. Trucks or SUVs behind you and your rear and sideview mirrors are useless! You have to fiddle around, while driving to tilt the side mirrors or literally drive with a hand up blocking your rear view. This affects all ages but is particularly bad for seniors! Older eyes have slower dilation response to glare. In a way it's age discrimination as older people will have to think twice about whether they can go out at night! We have laws prohibiting people from shining laser lights into the sky as it can blind pilots in airplanes. This is the same thing. We worry about folks distracted by their phones or impaired by alcohol, but no one thought about super bright lights glaring in your eyes! This impacts my life. It's dangerous! They should be recalled immediately. Like other car malfunctions manufacturers should change out the lights or put a filter on them. Let's do this now, not in 10 years or so. Switch back to halogen for the safety of all drivers. 5/28/2024 — Winsted, CT — Other Dangerous driving conditions at night on my way home from work!! I have to literally close my eyes as ridiculously bright LED headlights blind me while passing in the other lane. This is so dangerous and damaging! ! ! ! ! ! ! ! ! ! ! ! ! ! ! How can this not be being addressed. I have almost crashed multiple times. I feel my eye sight is being damaged from these lights and getting worse. Please help up. 5/28/2024 — Bangor, Northern Ireland — None I see that because the Prime Minister has declared there will be an election in the UK, the petition for the issue to be debated has been declared null & void...... Raging ! The reflector size of dipped headlights gets ever smaller, increasing the intensity of dipped headlights — a triumph of style over function ! 5/27/2024 — Avondale, PA — None Unable to see the road, cars, or surrounding areas while driving when high beam LEDs are in 61 of 76 use. Lowering these LEDs to regular or low beam does no use. Even in low setting these LEDs are 10 times brighter than my vehicle's regular incandescent lights and my eyes cannot adjust to account for dark adaptation to drive at night. Ban LEDs in vehicles or reduce them 75% to match other older model vehicles. Also — point them downwards so they light the roads instead of tree tops and telephone poles. 5/25/2024 — Portage, MI — Photophobia Debilitating headaches, dizziness and seizure like response when exposed to LED lighting. Increased sensitivity to any lighting type after prolonged exposure in LEDs. 5/18/2024 — Houston, TX — Photophobia While visiting a friend I was exposed to LED from overhead light fixtures in the apartment, and the extreme LED of Samsung TV. Together, they suddenly triggered photophobia, migraine, & brain fog in me and I am not a TV watcher. Just walking into a room with LED TV and lightning or shopping in grocery and drugstores with All the LED now triggers my eyes with pain. Shopping mall is out of the question for me. I have to wear very dark sunglasses and a cap with a bill. I Must have phone and other devices Very dark, And have limited screen time. I have to cover lamp shades with scarves. I've tried blue block glasses which don't help at all. Obviously the LED has caused me to be much less social. It has also caused my eyes to twitch, and has made them have intermittent blurry vision. 5/18/2024 — Los Angeles, CA — None LED lights make it dangerous to drive at night because my vision gets blocked while I'm driving a vehicle. 5/14/2024 — Sammamish, WA — Autism I have largely avoided walking around my neighborhood at night for quite a while because of extremely bright LED headlights, except for viewing the aurora borealis on May 10, 2024, and I was horrified at the growing rate my neighbors are installing very bright LED light bulbs that far exceed 2700 Kelvin. I had to walk to darker parts of the neighborhood to avoid my view being ruined by the glare of LED lights. Even while walking around at 3 in the morning to view the aurora without seeing a single car with LED headlights, I was subjected to extremely intense blue -rich white light LED radiation from many homes along my usual route. I was honestly hoping the solar storm would knock our power out, which didn't happen. In addition, I witnessed many poorly shielded LED lights without any diffuser at many stations along the newly opened Line 2 Link Light Rail in the Seattle area and was horrified at how these LED lamps are a potential discriminatory barrier. We always talk about diversity and inclusion here in the Seattle area and making transit accessible and yet never consider the needs of those with autism or epilepsy. I've even noticed that many buses by King County Metro (and likely Sound Transit) are now being fitted with LED headlights. Banning incandescent bulbs is a crime against humanity and an attack on nature itself. We need very strict national light pollution laws instead of doing this at the local level. Or better yet, unban incandescent bulbs and let the customer choose instead of the government doing it for us. 62 of 76 5/14/2024 — Cambridge, NY — Epilepsy My daughter and I walked out to run an errand one afternoon. As we came around a building, there was an LED streetlamp, still on though it was daytime. I'd been completely fine a moment before, but the light struck me and I was instantly incapacitated by severe neurological symptoms, stumbling and shaking. I couldn't walk, speak or see properly and my face and left arm went numb. We turned back immediately, and my daughter had to hold me upright so we could get away from the light as quickly as possible. We did not complete the errand. About a week later it happened again. This time i was alone, and my impression was that the street lamp snapped on as I got closer. This time there was no-one to catch me. I fell and couldn't get back up again. I was nauseous, dizzy and disoriented, unable to see, my limbs uncontrollably hitting the ground. Eventually I crawled/dragged myself back home and remained ill for many hours. I felt humiliated on top of everything else. I do not know if anybody witnessed what happened. Nobody came to help me and I could not call for help because I couldn't speak. 5/14/2024 — Chicago, IL — Other blinding me and seeing spots all day. extremely stressed when i have to drive!!!!! I hate these lights and cannot believe this is legal! ! ! !people don't give a crap!!! 5/12/2024 — Hancock, WI I almost hit a pedestrian on the side of the street because the car in oncoming traffic had blinding LEDs. I did not see the pedestrian until the oncoming car had passed. If the timing was just a little different, there would have been a terrible ending. I reported it to the nhtsa. They said the lights just seem brighter. (This was a few years back.) I used to love driving at night. Now I can't handle the LEDs. This puts more traffic on the road during the day. Even when someone driving next to me has LEDs, I have to lift my hand to cover my side mirror from letting it blind me. 5/10/2024 — Yonkers, NY — Migraine Led lights blind me in the road and flare up migraine. Have to stay home at night. Interfere with my life. Very dangerous. 5/9/2024 — Saint Paul, MN — Photophobia My eyes have retinal injury and bright LED lights cause intense pain and discomfort. Overly bright LED's impact my life in numerous ways. There is widespread illegal use of intense LED floodlights in my neighborhood, but the local law for legal use of LED floodlights is not enforced. LED streetlights seem designed to blind drivers, rather than illuminate streets. Streets are dimly lit, but streetlights are shine right into drivers eyes. Vehicles keep their headlights on day and night, and shine into sideview and rearview mirrors. This causes eye pain and discomfort. 5/6/2024 — Cleveland, OH — Autism LED lights give off a poor quality light, pure and simple. With the cheapening of everything these days, proper fixtures are usually non-existent, i.e., there is rarely any diffusion in the form of a large shade or lens just the raw diode. For those who have in -focus vision (as everyone strives for with corrective lenses and such), the intensity of viewing a high-powered and undiffused LED at any distance is always an unpleasant one. As it happens literally thousands of 63 of 76 times a day, our retinas get "etched" and degraded. This is not to say that an incandescent bulb can't be painful, it's just that in the days of incandescent bulbs we made proper fixtures. For me, when I'm presented with an unexpected bright source of light, my eye naturally moves and centers it in my vision. There is something physiologically that makes it hard to look away instantly. It literally takes like a complete second to pull your eye away from it. However, the damage is already done. You stared directly into something that was of an infinitely higher magnitude of brightness in relation to its surroundings. THE EYE IS NOT BUILT FOR THIS. These encounters cause a tense visceral reaction throughout the body. Considering that there are BRIGHT LED lights on just about every conceivable object these days, and it's common for someone to have these negative encounters thousands of times in one day, and considering that the center of your vision is by far the most important throughout our lives, the collective pain and suffering is unimaginable. There's a certain obsession with safety that I believe our society has falsely bought into. For example, daytime running lights used to be a small halogen bulb, perhaps 10 watts. Now, there are cars with many layered stacks of raw LEDs with candela measurements far exceeding our proper range of vision. It is saying that that person's car is the most important thing you ought to see down the road. Animals, pedestrians, everything else, doesn't get to grab your attention. Your vision system is so overloaded with the fact that "there's that car," that other possible visuals are much harder to see. Overall, the eye does not need that much light to see as long as the relative values are thoughtfully presented (as they used to be). Nighttime is all but a faint memory as it is almost always ruined by the presence of stinging, streaking, damaging, high candella artificial lighting. We, as a species (and all species living in our vicinity) have lost a cherished and peaceful time; the hours of darkness that we once called, and still hypocritically call nighttime. I don't believe that our nation should have any real discussion about mental health until we face the reality that we're degrading each other's eyes, our most important sense, on a grand scale. People are literally suffering and slowly dying from the continued assault on their eyes, and thus, their brains. 5/3/2024 — Amherst, NY — Photophobia Discomfort, people and sleeping patterns, also disruptive for me from exercising early mornings or evenings with street lights over 2700k 5/l /2024 — San Leandro, CA — Astigmatism I regularly walk home from work in the evenings, which in the colder months means walking down a dimly lit street. Having poor eyesight and balance, I'm always afraid that the blinding headlights of the cars zooming down the street will cause me to stumble off the sidewalk and into the path of an oncoming car. It certainly doesn't help that some cars have headlights bright enough to leave afterimages in my vision, the last thing I'd want to deal with when walking at night. 64 of 76 April, 2024 4/30/2024 — Roseville, CA — Autism I was standing in a room and another person's cell phone buzzed with a message notification. The Whone also pulsed its LED camera flash, which struck me in the eyes. I fell to my knees, breathing hard, and trying to fight off a panic attack. 4/30/2024 — Auckland, New Zealand — Migraine LEDs cause me to suffer hemiplegic migraines of three day duration. This has resulted in partial confinement to my home, exclusion from municipal life, partial loss of employment and deterioration of health. The migraine results in blurred vision, dysaesthesia to the left side of my face and left arm with severe occipital pain. It has resulted in loss of consciousness on multiple occasions, one of which leading to a three part fracture to my right arm. 4/30/2024 — Swanage, England — Other LEDs have been fitted as replacements for low pressure sodium street lights in the area where I live, which is within the Dorset Area of Outstanding Natural Beauty and immediately adjacent to a National Nature Reserve. The CCT rating of the LEDs that have been installed here is 4000K, which results in an eerie blue -white light which I find most unpleasant. The glare from the new lights is excessive, to the extent that when I walk beneath them I have to look down at the pavement rather than looking forwards along the road, to keep the lights out of my field of view. The light spill from these lights is excessive, resulting in the blue -white glare of the lights penetrating the windows of my house, which makes the interior of my home feel unwelcoming. I find that the light penetrating my home negatively affects my sleep quality, even though I have blackout blinds on my windows (the light still penetrates around the sides). This light intrusion was never a problem when the lights were low pressure sodium, as the orange glow was quite restful and not at all disturbing. My view across the Nature Reserve at night is now compromised by the new LED street lights, which produce an incredible amount of sky glow. My home is just 400 metres from the coast, so there is often mist or fog in this area, and these LED street lights cause the whole area to light up as the light scatters in the mist. It is exceedingly unpleasant. One of the lights is 185 metres away from my house and is over ten metres below it, yet the street light casts a bright image of my window onto my bedroom wall. It is so bright it appears as if a car is parked on the hillside with its full -beam headlights directed straight at my house. I have been so disturbed by these lights over the past two years that I believe my current condition of ophthalmic shingles (herpes zoster ophthalmicus) was triggered by them. I have been suffering photophobia, nerve pain, a facial rash with blistering and acute inflammation of one eye because of this condition, which has resulted in the hopefully temporary loss of useful sight in that eye. Since I am otherwise tit and healthy and have had no other stress to cause this condition to appear, I firmly believe that it is a direct consequence of the installation of LED lighting outside my home. 4/29/2024 — Irvine, CA — Photophobia I have photophobia and photosensitivity due to multiple autoimmune conditions, and my life has changed significantly for the worse with the introduction of intense blue -white LED car 65 of 76 headlights and the (ongoing) replacement of a large (about 16000) number of HPS lamps with LED fixtures (at correlated color temperatures of 3000 K and 4000 K) in my city (Irvine, CA). Street lights: Bright exposed LED street lights of any color, but particularly those above 2700 K, pose a health risk and serious disability barrier for me. Being sharp and pointed sources of high glare and discomfort, they can exacerbate my dry eye symptoms (I have Sj6gren's syndrome) and the likelihood of an autoimmune flare-up. As a SLE (lupus) sufferer, I need to keep my daytime exposure to sunlight limited. It used to be that nights were my go -to option for long strolls, a drive to the grocery or restaurant, or a chance to bask in moonlight or stars at night —something that the gentler glow of shielded HPS lamps afforded. Over the past decade or so, and particularly in 2024, most of these basic human comforts have been taken away from me. I have pleaded with city officials to undo the damage and the discriminatory barrier that street lights cause me, and despite their efforts to mitigate a small portion of the damage (I have met with a very modest degree of success) via glare shields in my immediate neighborhood, the city at night is becoming a cheap, vicious display of human sensibilities and human compassion gone awry. Headlights: Vehicle headlights with blue -white LED lights piercing into one's eyes from oncoming traffic are the stuff of nightmarespoorly-angled, egregious beam patterns pretending to be "safety features." Even five minutes' exposure to this type of rampant glare while I drive or sit in a passenger's seat is sufficient to bring on severe eye pain and vision disturbances, headaches that last days, and emotional distress. It is appalling that those objecting to these ill-conceived and risky fixtures are not taken more seriously. Light pollution is a menace not just to humans but also to wildlife and foliage that suffer without shutters. Researching, designing, and implementing options that are conducive to safety and easy on the eyes must be high on the agenda, an urgent societal cause. "So benumbed are we nowadays by electric lights that we have become utterly insensitive to the evils of excessive illumination" — Jun'ichir6 Tanizaki, In Praise of Shadows This evil is eradicable; let's do what it takes. 4/28/2024 — Algonguin, IL — Photophobia I can't go out at night anymore due to the plague that is LED light pollution. It brought me solace. I can't walk my dog or enjoy it at all anymore. I don't see wildlife at night anymore. I love nature and it's harder to appreciate now. I used to love driving but I can't without immediate extreme dizziness and migraine. I can't look outside at all when the sun starts to set. The building I work at has hideously bright LEDs that make me ill on a daily basis. I'm always squinting and adverting my eyes. ALWAYS. It took many aspects and simple pleasures of my life away and I miss them dearly. Please do something about this! I want my life back! 4/28/2024 — Los Gatos, CA — Astigmatism With the increase in use of LEDs in car headlights in addition to cars raised too high (or their 66 of 76 headlights tilted too high), driving on the roads at night is an incredible hazard. I commonly find myself unable to ascertain details of what's going on behind me with traffic and the position of other objects/cars when faced with these blinding lights. I have to get creative to even be able to see, and still face blind spots due to these stupidly bright lights. It makes driving dangerous and I can't believe LED lights in headlights didn't get banned years ago. Every day the government allows this is increasing the likelihood of accidents, health issues from staring at these lights and just a generally worse quality of life. 4/28/2024 — Amesbury, MA — None I am blinded by these headlights, streetlights, floodlights morning and night every day. These lights are a hazard on the road and unnecessarily bright and incorrectly dispersed. This is a danger to everyone and regulations need to occur swiftly 4/28/2024 — Ottawa, Canada — Migraine I am very sensitive to many things, including light and sound. I loved to walk a lot at night when the lights used Halide orange/pink lights. Now that the city has been switching out the Halide lights with super bright LED white street lights my walks are much less enjoyable. It feels like I'm walking around in the day time. I don't understand this obsession people have with lighting the world up like a giant football stadium. It's not necessary, it's not pleasant, it messes with your circadian rhythm. In my case, it can cause headaches and light fatigue. It also hurts our environment. Birds, animals and insects cannot follow their natural rhythms because their environment is so bright at night now. Also, while driving, I'm blinded by headlights that use these horrendous white LEDs. I hope there is an invention of filters for the lights that are currently on vehicles and that it is enforced to add the filters to the headlights. A return to a golden soft colour would be preferable. As well as adding golden/orange filters to street lights and/or a different design that mimics old styles and colours of street lights. I really hope the government begins to regulate this. It's dangerous for the environment, people's health and eyes as well as creating an ugly world to look upon. 4/28/2024 — Milwaukee, WI — None I am blinded by the brightness of the LED lights not only at night, but during the daytime. Even from a car behind me glaring in mirrors during daylight. Making it dangerous for me to drive. My eyes cannot adjust due to the brightness. I've swerved off the side of the road. Had to pull over. Which is not always possible when there's traffic behind you and traffic coming at you. This is a problem. There should be a limit on the brightness of the LED. This is such an easy thing to fix, but for some reason nothing gets done. 4/28/2024 — Onsted, MI — Astigmatism I get eye pain and headaches by being exposed to 4500K or higher led lights Whether I am driving at night or during a sunny day I am constantly shielding my eyes from led low beam headlights, running lights and brake lights. I have to adjust my side and rear view mirrors so I cannot use them to see properly to avoid being dazzled by led lights. If streetlights are on during the day and night I put my sun visors down because the leds are too bright. I drive over 1000 miles a week for my job. I dread cloudy, rainy days, dusk and night driving because of led lights. It's like torture to my senses. I am constantly blinded at night and have been during 67 of 76 the day as well because of led headlights. If I am walking in a parking lot on a cloudy day I have to shield my eyes because led running lights are too bright. I have asked my neighbors to shield their outdoor lights or use softer 2700K led and it has caused me civil lawsuits and many legal problems do to this simple request. I have to wear dark sunglasses inside of places that have led lighting. I never had eye pain or headaches prior to led lights. LED headlights are the most dangerous aspect of driving by far. These lights have ruined normal day and nighttime activity for me were they are present. 4/28/2024 — Marshfield, WI — Astigmatism LED headlights are blinding to the point where I have almost hit deer and other vehicles because I cannot see when the LED lights are coming at me 4/28/2024 — Lancaster, PA — Migraine I am a migraine suffer, and my trigger is photosensitivity, especially from intense bright lights. For the last several years auto makers have installed LED headlights and the color temperature they have chosen to use is blinding for oncoming drivers. There truly is no need for the adaptive or "moving part" of the headlight if ya warmer color temperature is programmed into the LED headlight. The extremely intense and blinding colder "blue" white light emitted from LED headlights just feet away is MORE dangerous than looking up at the sun. If focused intense cold bright white light is not dangerous why do welders use masks? It is literally the same reason and effect these OEM LED headlights have on oncoming drivers. How many people need to die before LED headlights are given a warmer light temperature? It is really not that hard. The technology already exists. Just look at the average teenager and how they use LED lights in their bedrooms. They have a small remote and they can change the color and or color temperature of the lights at their will. Thank you for your time. 4/28/2024 — Webster, MA — Other Large pick up trucks as well as SUVs and other cars especially in MA., were it seems that tailgating is legal, get behind you and blind you from behind making it very difficult to see ahead of you. Same situation with vehicles approaching from the opposite direction. 4/28/2024 — Hamilton, Canada — Migraine LED headlights on numerous occasions have given such intense sharp pain in my eyes that induced migraines, forcing me to pull to the side of the road and vomit. Glare from LED headlights has blinded me on thousands of occasions. In some of those instances it has taken more than 5 seconds to regain my sight. LED headlights and taillights physically hurt my eyes when I'm in close proximity to them (I.e. stoplight) forcing me to physically block them with my hand. The glare, blindness, eye pain and migraines caused by LED headlights have been confirmed by my optometrist, Dr. Otto Lee. Among eye care professionals, LEDs are a known and documented problem in every age group. Driving at night for longer than 30 minutes has almost always resulted in me getting a migraine, which was never the case before LED headlights existed. As a result, I have to limit my nighttime driving to less than 15 minutes. This limits how much work I can do, or how much I can visit my family, especially in the winter months. I've had to restructure my life around LED lights. 4/28/2024 — Chicago, IL — None Every single day day or night I am blinded over and over again even driving short distances, I get spots and yesterday my eye was in actual physical pain as 1 car was so dam bright like the eclipse!!!! I'm collecting evidence to sue. We all should sue every driver who damages our vision and the government for allowing this!!! you CANNOT drive anymore EVER. Our Country is lost. 4/28/2024- Baltimore, MD — None I can't for the life of me understand how this is even something I have to report. Do none of these people drive at night or in inclement weather? Do none of them pass billboards? I used to love driving at night, even prefer it in some cases, but the new street lights are terrible, especially the defective ones that turn purple and create such harsh lighting I literally can't look at it. And the LOW beams on the new cars are more blinding than some of the old high beams!!!! I've flashed my lights at other drivers to alert them they're driving with high beams on and they flash back that it's their low beams. Not only does it "daze" my eyes so that I see spots and can't see the road properly for a few seconds, but it also creates harsh lighting conditions that makes it hard to discern what's hiding in the shadows behind objects like trees and street signs. And the blue hue of these LEDs that's being used is also not only harmful and exhausting on the eyes but colors things weirdly so it's harder to tell what's what. The car I drive still has "older" (aka not blue or insanely bright) headlights, and I used to love renting cars for longer trips but now every car I rent has those headlights which makes it an unsafe environment to drive in, and in those vehicles I have other cars flashing their lights at me to alert me I'm driving with high beams when I'm not!!!! Which again, causes a "daze" and I see spots and my sight is not clear while I'm maneuvering roads at night. This is clearly unsafe! ! ! I'm in my 30s! I don't have other eye problems and I shouldn't sound like a crotchety old person when talking about driving at night! It's absurd! In addition to all that, I've recently experienced billboards that switched from canvas to LED and LED signs outside of businesses that are so insanely bright you can probably see them from space. It might be necessary during the day when the ambient light is brighter, but these things need light censors and to adjust to a dimmer display during the night time. Because when I drive by it's like someone shining a flashlight in my eyes for a minute. It's absolutely not safe!!!! I have a similar issue with the road crews that do construction on the highway at night. A bunch of those crews have these flood lights that are supposed to illuminate the area for them but they aim them in such a way that they blind the drivers too! Who's "genius" idea was that!? Either the people making these things are blind as bats anyway or they just don't care. 4/28/2024 — Fareham, United Kingdom — None Comment on statement "DOE researched studies and other publications to ascertain any known impacts of LED lamps on human health and has not found any evidence concluding that LED lighting used for general lighting applications directly results in adverse health effects.": `General lighting applications ` is not the same as directed beam applications & the FDA should recognise this situation in the case of headlights. 69 of 76 4/27/2024 — Rodeo, CA — None I drive a fairly small car. On the highway at night, I find the excessively bright LED headlamps are both disrupting and an impediment to driver safety. As cars approach from the rear on either side, their headlamps reflected in my side -view mirrors are often so dazzling that I have to hold my hand in front of the mirror to be able to safely see the road. Even with my rear-view mirror in the "night" position, the brilliance of these headlamps when behind me can be distracting and blinding. When approaching from the opposite direction, especially on narrow roads, they present even greater threat to driver comfort and safety, often causing momentary blindness. The worst cases are often Tesla headlamps, but many newer SUVs and pickup truck headlamps exhibit similar characteristics and are very nearly as bad. These headlamps are unnecessarily bright, producing an spectrum of light that is especially blinding. They often illuminate not only the road, but the overhead road signs and the interior of the cars ahead of them. These headlamps are both a nuisance and a hazard to other drivers. And, in recent years, it seems to be getting worse. The headlamp arms -race is rapidly getting out of control at the expense of driver safety. Car makers must be made to comply with existing headlamp regulations, and, in fact, those regulations must be amended to consider ever increasing lux levels, higher color temperatures, and broader and taller light -pattern spread. 4/27/2024 — Tuscon, AZ — None LED headlights are having a negative impact on my driving continuously. I have good night vision, excellent reflexes, am generally quite alert at night. But I rarely drive at night because of the hazard of LED headlights. They blind me to the point where I cannot see the road AT ALL. I have very mild cataracts, and LED headlights totally make me see nothing but white. The only way I can navigate safely is to MEMORIZE the road ahead while I can still see it, and DRIVE TO THE RIGHT of the oncoming car. If it is a road I am not familiar with, I might not be willing to drive it at all. It is too easy to be surprised by an unexpected curve when I cannot see the road. I drive prudently. I am not willing to put up with this hazard. So I do not drive at night if I can possibly help it, and this has an impact on my life, and my ability to get home safely if I end up having to stay someplace away from home longer than anticipated. People are going to do what they have to do to stay safe. The mere fact there are not more accidents is not proof that LED headlights are safe. It is only proof that people try to avoid hazards, and may not be driving at all during nighttime hours. And what kind of harm does a laser directly into the face do to the eyes any time of day? Unanswered question. 4/27/2024 — Izhevsk, Russia — Other I cannot stand the LED headlights. It all started about 4 years ago when the amount of cars with LED headlights started to become noticeable. I understood at that time that I couldn't look at these lights because my mind goes sick, mye eyes begin immediately to get irritated to a very considerable degree that it really hurts, my muscles are becoming stiff and I get nervous tics, that is involuntary rapid head movements. Moreover, I begin to feel some sort of panic attack. Back then the amount of cars with LED headlights in my area was around 12-16 percent and it was possible to get along. Since then, the situation only got worse. The amount of cars with very 70 of 76 blinding and extremely piercing LED headlights nears probably already 40 percent in may area and I gave up at all staring in the oncoming traffic direction because I just cannot do it any more. Because of a neurological condition, I was not allowed to drive a car and now it seems that it's even for the better. I cannot even imagine how people drive nowadays with this killer light. In my country we have day running headlights as a must so the headlights are on 24/7. While there is a sunny and clear weather I can somewhat go along the road facing the opposite direction, but with a gloomy weather, rainy weather, dusk, let alone nighttime I cannot physically do this. I have to avoid major roads going either along residential areas with much less traffic or going along a pavement that runs parallel to the incoming traffic, thus I somehow can move away my head and eyes and to see what is going on on the upcoming a lane ( a lane that is further away from the pavement). When using public transport I have to sit in that part of a bus/tram that has windows on the left right from the driver seat. so that I am spared to see the upcoming lanes with the upcoming traffic. Thanks to all this, to a huge light pollution caused by LEDs and other numerous LED lights sources sprung up recently, I am almost confined at home during nighttime because I cannot stand this light. Only warm shielded LED in moderate quantities are more or less OK for me, but unshielded LEDs over 3000 K, bright LED shop signage, LED digital billboards and LED decorative building lighting makes me have fits of very severe panic attacks. I don't feel these attacks at all with outdoor halogen headlights and sodium/incandescent/CFL lamps or warm (2700 K and less LEDs in moderate quantities). The indoor LED lighting has less negative impact on me, though too much white indoor LED light is also uncomfortable while the indoor white fluorescent light is quite OK for me. I am asking the US regulatory agencies to give the answer why LED light can trigger severe panic attacks while other light sources are quite alright and even uncomfortable. I am sure that I am not alone. 4/27/2024 — Elk Grove, CA — Autism The Ziosk portable kiosk payment system has a bright LED screen. During dinner at a Chilis restaurant, we placed the kiosk face down on the table to avoid exposure to the LED Visible Light radiation from the LED screen. At payment time, my partner inserted the credit card for processing. At the completion of the processing, a large white LED light on the side of the kiosk suddenly irradiated me with white LED Visible Light radiation. Due to the intensity of the white light, everything around me became black, except for the overwhelming feeling of bright white light. I felt disconnected from reality and as if I had entered a nightmare dream. I believe that I was partially unconscious. As I began to recover consciousness, I thought that perhaps I was staring at the LED flash on a cell phone, but that this was much more powerful. Then, as I became more aware of my surroundings, I realized that that the white light was from a large, white LED from the side of the Ziosk device. I felt nauseous, so I fell to my stomach and tried to vomit, but I only ended up coughing. I then felt overwhelming anxiety and panic and went to the kitchen, demanding accommodation. A staff person then began yelling at me. I ran outside screaming. I continued to try to vomit, but only spit came out. At some point, both of my hands went numb and tingly. 71 of 76 The police were called. I dialed 911 to tell them not to turn on their LED flashing lights, but they had the red and blue flashing lights on, which further debilitated me. 4/27/2024 — Coudersport, PA — None I am beyond infuriated with the use of bright white LED lights, I'm beyond frustrated with the searing eye pain that LED lights procure, I am beyond infuriated with the intense migraines that I suffer from when dealing with bright white LED lights. I am beyond frustrated with the amount of pain that is brought upon me due to these LED lights. They are an unnecessary monstrosity that never should have been brought into public view! They are NOT beneficial in any way, shape, or form. In fact they are detrimental to society and the environment. 4/25/2024 — Horseheads, NY — Astigmatism I have astigmatism, which is 30% of the population of ALL ages. LED headlights and all bright white LED lights give me a wicked headache all day that pain meds don't touch. I rented a car recently with LED headlights & I had a huge headache from the headlights reflecting off of other surfaces. So I can't even drive a car with LED headlights. Just in the past couple of weeks, I almost was in 3 accidents while being blinded by LED headlights. I have no problem with halogen headlights. My work commute is on a 2-lane road for an hour & I need to work to live. I can't just stay home. What kind of life is that? So I have to put my hand up to block the headlights of the line of cars going the opposite way and look at the white line. One morning when it was raining thus more reflections, I was on a slight bend and looked up just in time to see an older SUV unsafely trying to pass a huge line of cars coming right at me in my lane. They were hurrying to get back over maybe 20 feet from the nose of my car. They had aftermarket LED headlights, so it was like two big floodlights that blinded me. The 2nd time was I was approaching a roundabout and pickup truck from the opposite side had blinding LED headlights. I checked to make sure no one was coming from the left before I got there, but *poof* a car appeared out of no where and honked at me. They almost hit me. I was so distracted by being blinded by the LED headlights, I didn't see them. And another time I was at a crosswalk and had been stopped for other pedestrians. But a car going the opposite direction had blinding LED headlights. I didn't see the additional pedestrians until I was passing over the crosswalk. I had looked too. The pedestrian had thankfully stopped. They were partially blocked by my windshield frame too. Again, I never had these problems with halogens. LED headlights are dangerous! Explain to me how lights that are 800x brighter than halogens are not blinding other people. LED headlights are marginalizing almost 50% of the population... specifically people with disabilities that include astigmatism (30%), migraines (17% women & 6%), and seizures (4%). And we can't forget age discrimination against seniors with cataracts. It also affects the circadian rhythm and eye health of both people and wildlife ... all of them. That is why there are blue light filters on devices. Please do the right thing and ban bright white LED headlights and LED lights in general. 4/24/2024 — Mantua, NJ — None Multiple incidents. I had to cancel 2 gym memberships because of bright LED lighting they installed, and theres no gym within a workable distance that doesn't have this insane lighting. Ive cobbled together used gym equipment at home for more money than I could afford. I cant work without special tinted glasses, or I get migraine symptoms within minutes. Even with 72 of 76 this protection there are places I cant stand and directions I cant look because some of the LED fixtures are simply too intense and instantly painful. I can no longer go to the local grocery store under any circumstances, its too bright, and the list of places I cant go is growing as businesses install this harsh intense LED lighting. Shop Rite, Five Below, Giant Fitness, Planet Fitness, Pantry One, T Mobile- these are some of the places I simply cant enter with any level of protection short of a complete blackout blindfold. 4/23/2024 — Dallas, TX — None Makes me blind and hard to see road. Especially oncoming traffic when the lights are elevated higher than me. 4/23/2024 — Sammamish, WA — Autism I'm a lifelong resident of the Seattle area, and I was diagnosed with Asperger syndrome in early childhood. Additionally, I have been diagnosed with depression, adjustment disorder, anxiety, attention deficit disorder (ADD), and I suspect that I might also have undiagnosed post -traumatic stress disorder (PTSD). My biggest concern, especially in the last couple of years, is the dangerously bright light - emitting diode (LED) headlights that have been proliferating on our roadways at a disturbing rate since the early 2020s. They have had deleterious impacts on my quality of life since I can no longer exercise outdoors or drive at night without fear of being exposed to excessively bright LED headlights, experiencing sensory overload, and having meltdowns as a result. Even during sunny days, if drivers leave those LED headlights on, they are still too bright and extremely unpleasant to look at; it's particularly worse when it's cloudy or raining. LED headlights, especially those on Teslas, are some of the worst offenders, to the extent that I can recognize a Tesla from a distance solely by its headlights. I am an avid lifelong cyclist and ride my bike all over King County. I have visited places such as Skagit County, Whatcom County, Snohomish County, Pierce County, Vancouver Island, Point Roberts, Snoqualmie Pass, Cle Elum, Vashon Island, Whidbey Island, the Kitsap Peninsula, and San Juan Island —all by bicycle. I have also ridden on nearly every regional trail in the Seattle area as well. However, my enjoyment of this activity has been greatly diminished by the excessive glare from these LED headlights, starting in the early 2020s. I have effectively lost one of the best stress relief methods I use to cope with my mental health issues, compounding my problems even more. I also enjoy going on walks, and they have also been impacted by these LED headlights, making it unpleasant for me. I can no longer enjoy walking outside at night, robbing me of the ability to walk during times when it's cooling off during what are supposed to be pleasant summer evenings. Again, even during the day, I constantly encounter excessive LED radiation and glare from these LED headlights. Earlier this winter, my neighbor was driving a rental car equipped with LED headlights, which shone into my bedroom when they returned from work in the evening. They have since returned to their regular car, which still has halogen bulbs; however, one of their halogen lights has 73 of 76 burned out, and I'm afraid the owner might install LED headlights to replace it. Despite this, I still have LED headlights shining towards my bedroom from passing drivers since I live near a "T" intersection. This situation makes me feel unsafe in my own home, particularly during winter when daylight is limited. The distress caused by these lights has led to hospitalization, and I feel as though I'm under house arrest because of them, causing serious mobility issues for me. I have written to ALL, and I mean ALL, of my elected officials at the state and federal level, and the lack of any adequate response has only added to my frustration and anguish. My ultimate goal is to urge the government and policymakers to acknowledge the problems of these excessively bright LED headlights and the dangers they pose to the general public. I advocate for regulations on their brightness and for using a warmer color temperature instead of the bluish light, which disrupts circadian rhythms and makes it difficult to spot road hazards at night. Personally, I wish to see LED headlights banned completely from our roadways in favor of tungsten filament halogen bulbs, which are less harsh and easier on the eyes. The so-called benefits of LED headlights are outweighed by the risks they pose to the general public, and for many of the reasons I have cited, they need to be completely banned from our public roadways. I'm extremely appalled and deeply troubled by the fact that I cannot safely use public rights of way that I have paid my tax dollars for because these LED headlights have formed a discriminatory barrier and infringe on my constitutional rights to freedom of movement. I strongly urge the Food and Drug Administration to take action. I believe that these lights are a threat to national security and public health, and swift action must be taken. The current situation is completely unacceptable! 4/22/2024 — Wakefield, MI — None Sitting in the left -turn lane waiting for the light to turn green, the pickup truck in the opposing left -turn lane had a new pinpoint LED turn signal that was so bright and so focused, was like a laser pointer shooting right into my right eye. Even in broad daylight the LED was so bright and so focused like a laser pointer I had to sheild my eyes with my hand until the traffic light turned green and I completed my turn. Hours later I am still seeing spots with my right eye. Praying there is no permanent damage. 4/21/2024 — Davis, CA — Migraine I used to go for long walks at night in my neighborhood for exercise and as therapy for my chronic eye migraine issue. Since 2016 when the City replaced all the sodium vapor street lights with LEDs, I have not been able to walk at night due to the harsh glare and brightness of the lights. They are nothing like the old lights. Add to that all the LED house lights that have been installed since then. My neighborhood has become a no go zone. I paid mello roos taxes for years to pay for all the green spaces I can no longer use because of these lights. Some are even on all day and hurt my eyes even in the day time. My health has suffered from not being able to get my walks — weight gain, high blood pressure. And this is just a fraction of the story. I can no longer drive at night because of the intense LED car headlights in my face. I cannot go into town 74 of 76 at night to a restaurant or store for the same reason — LED lights everywhere. I cannot travel on a train or bus for the same reason. Airports also have these lights taking the joy out of plane travel. I have to shop for my groceries online in stores like Safeway that have installed these lights nationwide. If I get exposed to these lights, I will get a ripping eye ache that lasts for weeks, a feeling that the surface of my eyeballs has been lased. 4/21/2024 — Beaverton, OR — Autism LED flashing lights cause me to suffer severe anxiety, panic attacks, and fear. 75 of 76 Appendix E—Public Policy October, 2024— — International Energy Agency Extensive report onthe health impacts ofLEDs. April19, 2024— Prepared for Henderson, NV by the Soft Lights Foundation. January, 2021— Recommendations United Nations — "if phosphor -converted amber LED or white LED lights are used, the amount of blue light (X < 500 nm) should be below 5 per cent of the total spectral power. Generally, this requires using LED luminaires with acorrelated colour temperature ofZZ0UKor|ess." January, 2014-1-h-Vitine:—DoschbosLEDsas a radically new technology with directional light and unique characteristics. New York State Public Service Commission Case 21-02623LED streetlights — 76of76 RANCI `° r 1 � `" ASSr CiATr. ,3104 by i. t k. 2,1'1) { m, MEMO Date: January 13, 2025 Project: Baldwin Park Metro Sign Lighting Study Subject: Response to Public Comments To: Allison Rondone, First Carbon Solutions International arondone&cs-intl.corn From: Francis Krahe tkrahe fkaild.corn cc: Jacob Graige q.Lgjg.e@fk—aild.corn Francis Krahe & Associates Inc is pleased to provide the following information regarding the public comments received in response to the Baldwin Park Metro Sign Lighting Study (Study) for the proposed illuminated sign (Sign) within the City of Baldwin Park, at 3100 Baldwin Park Blvd. A. Background Francis Krahe & Associates provided a Lighting Study to evaluate the proposed Sign at 3100 Baldwin Park Blvd., and analyzed the Sign lighting illuminance to evaluate the potential for light trespass impact from the Sign at adjacent residential zoned properties. The Study concludes the Sign will not create light trespass impacts to adjacent sensitive use properties. B. Response to Public Comments 1. SoftLights.org, Mr. Mark Baker, January 4, 2025 The information provided by Mr. Baker asserts that the Lighting Study is flawed, asserting that LED lights do not conform to the inverse square law, also known as the first law of physics. Baker presents links to a video test demonstration titled "Inverse square law is WRONG for grow lighting", along with links to numerous studies regarding lighting effects attributed to LED Lighting. We believe the information presented by Mr. Baker is incorrect and not relevant to the Sign Study or to the performance of outdoor signs in general. We believe the Study to be accurate and correct, and offer the following comments on the information presented by Mr. Baker: a. The test recorded in the YouTube video labeled "Inverse square law is WRONG for grow lighting" does not use accepted professional practice methods of testing to accurately capture the full extent of the light source evaluated. See the following recommended test procedures developed by the Illuminating Engineering Society of North America: ANSVIES LM-70-19 Approved Method: Electrical and Photometric Measurements of LED Light FRANCIS ' ASSOCIATES Sources; IES LM-75-01IR12 IES Guide to Goniometer Measurements, Types and Photometric Coordinate System; and ANSVIES LM-80-20 Approved Method: Measuring Lumen Flux of LED Packages, Arrays, and Modules. These documents describe in finite detail the correct methods of measurement of light sources, including LED modules, to accurately capture and measure light. The test presented in the YouTube video lacks the ANSI/IES proscribed testing equipment and does not follow the correct procedures and methods to accurately measure the LED source performance. In the test video, the reflectance of the surface materials surrounding the light meter and reflected light from surfaces within the adjacent lab as well as stray light from other lights in the vicinity visible in the video, including the camera, all present sources of error for these measurements. Due to this inaccuracy, the information presented in the video does not refute the laws of physics, including the inverse square law. b. The LED system utilized in the Project Sign and analyzed in the Study is a wide- angle lighting source, distributing light laterally up to 165 degrees vertically and horizontally. The candlepower distribution of the Sign technology is deliberately controlled to provide smooth intensity of the Sign surface brightness, left to right and top to bottom. The light energy produced by the Sign measured in candelas, range from a maximum light energy at the centerline axis to approximately 50% of the maximum light energy at 45 degrees to the centerline. This variation in light distribution is consistent both vertically and horizontally. This type of light distribution maximizes the visibility of the Sign for a range of viewing angles. Therefore, the Sign does not exhibit the behavior of point source, and the Inverse Square Law applies to the dispersion of light energy within the angular distribution of the Sign. Furthermore, the conclusions of the Study are accurate. The distribution of light energy from the Sign and degradation of the Sign light energy is clearly visible in Study Figures 8 and Figure 9, on page 18. c, The various articles linked to Mr. Baker's letter assert other claims regarding the adverse effects of LED lighting, which do not apply to this Project and to LED signs in general. P \PROJEC I S\/`,\/000 BaIdkNin Park ` ign\L. .Mini Sty. dy\,A.E 000 .. i JhlI Study ML RTC: 20250113.docx 1 / 13/2025 Paste. 2 Los Angeles County Metropolitan Transportation Authority etro, September 24, 2024 Nick Baldwin, AICP City Planner City of Baldwin Park, Planning Division 14403 E. Pacific Ave. Baldwin Park, CA 91706 RE: LACMTA Representation by Allvision 3100 Baldwin Park Boulevard Dear Mr. Baldwin, One Gateway Plaza 213.92.2.2000 Tel Los Angeles, CA 90012.2952 metroxet Please be advised that LACMTA authorizes Allvision, LLC to seek approval from the City of Baldwin Park for the installation of a TCN digital sign structure along its ROW at the address of 3100 Baldwin Park Boulevard. LACMTA has no objections or conditions to the project and would like to proceed with the entitlement process at the City of Baldwin Park. Please do not hesitate to contact me with any questions at (213) 922-4435 or email me at Beck)@Metro.net. Thank you and we look forward to working with you and your team through Allvision. J hn Beck Manager, Real Property Management Hfi THe' °-A N 6B,E CITY OF BALDWIN PARK ITEM NO. 10 TO: Honorable Mayor and Members of the City Council FROM: Ron Garcia, Director of Community Development sa�'EL PREPARED BY: Ryan Mulligan, Housing Manager v, to M JAT4",v Michelle Bravo, Housing Programs Coordinator DATE: February 19, 2025 SUBJECT: 2025-2029 Consolidated Plan and FY 25/26 Annual Action Plan Housing and Community Development Needs and Priorities Public Hearing SUMMARY This report requests to allow the City Council to hold the first of two required public hearings to receive public input regarding the 2025/26-2029/30 Consolidated Plan and the FY 2025/26 Annual Action Plan. RECOMMENDATION it is recommended that the City Council: l . Conduct a public hearing to consider the city's housing and community development needs for the City's Five -Year Consolidated Plan covering 2025/26-2029/30 and the associated Fiscal Year 2025/26 Annual Action Plan. 2. Following the public hearing, receive and file this report along with any comments made by the Mayor and City Council and residents during the public hearing, for inclusion in the Five -Year Consolidated Plan for 2025/26-2029/30 and Fiscal Year 2025/26 Annual Action Plan. FISCAL IMPACT There is no fiscal impact to the General Fund with this agenda item. The public hearing tonight is a required step to ensure the City is eligible to receive CDBG and HOME funding for the next five years BACKGROUND As a prerequisite to receive federal funding, entitlement jurisdictions such as Baldwin Park, are required to submit a Consolidated Plan at least every five years to the United States Department of Housing and Urban Development (HUD). The Consolidated Plan furthers the statutory goals of providing (a) decent housing, (b) a suitable living environment and (c) expanding economic opportunities through a collaborative process whereby a community establishes a unified vision for community development actions. The Consolidated Plan consists of the following chief components: • Community Participation and Consultation • Assessments of the Housing Needs and Community Development Needs • 5-Year Strategic Plan. The Consolidated Plan functions as a strategic plan prepared through a comprehensive planning process that incorporates local needs, priorities, specific objectives and strategies. 1-Year Action Plan (Fiscal 2025/26 Annual Action Plan). Page 1 / 4 The Consolidated Plan combines into a single submission the planning and application aspects of the formula HUD programs, including the Community Development Block Grant (CDBG) and HOME Investment Partnerships Program (HOME). The Consolidated Plan identifies the jurisdiction's low- and moderate -income housing and community development needs and outlines a strategy to address the needs of intended beneficiaries of HUD programs. As the first of two public hearings required during the Consolidated Plan process, residents are encouraged tonight to offer their views on Baldwin Park's housing and community development needs. Specifically, the public hearing serves to obtain the opinions of residents in connection with housing and homeless housing needs, as well as public services, public facilities, infrastructure and economic development needs. The Mayor and City Council are also asked to make their comments on these needs. Cities that receive federal HUD funds are required to update their Plan every five years. Baldwin Park receives CDBG (approximately $800,00) and HOME (approx. $225,000) federal funds. The distribution of those funds to city departments and agencies occurs each year from January to May under the Annual Action Plan process. Below is the list of eligible CDBG activities that can be funded. The Council will be asked to select these activities in March — April 2025, and the entire Needs Assessment process is aimed at preparing the information for the Council, so it knows what the citizenry and providers feel those Needs are. ELIGIBLE HOUSING AND COMMUNITY DEVELOPMENT ACTIVITIES Federal funds can be used for the following broad range of housing and community development activities that primarily benefit low and moderate -income persons. • Public Improvements: This includes public improvements and facilities, e.g., streets, curbs, gutters, sewer systems, drainage, and street lighting. • Public Facilities: This includes construction or rehabilitation of public facilities such as youth and senior centers, homeless shelters, park improvements, parks and recreation facilities. • Accessibility Needs: Accessibility needs include non -housing activities or improvements for persons who are physically disabled. All improvements completed must meet the Americans with Disabilities Act (ADA) requirements. • Public Services: Activities that provide new or increased levels of services such as medical services; youth, disabled or senior services; job training; legal services; childcare, domestic violence prevention and outreach services and fair housing services. • Economic Development: Activities or improvements designed to support, increase, or stabilize business development, as well as to create or retain jobs, or expand the provision of goods and services, e g., job creation, commercial rehabilitation and business support services. • Housing Activities: Housing activities that can be paid for with federal funds include homeowner housing rehabilitation, rehabilitation of rental housing, acquisition of rental housing, and new construction of rental housing. CONSULTATION AND CITIZEN PARTICIPATION HUD requires certain citizen participation steps be taken to ensure input from a wide range of providers, citizens, public and private agencies and community leaders. A City Stakeholder Workshop will take place to comply with HUD Regulations sometime within the next two months. When preparing their Consolidated Plans, jurisdictions are required to consult with public and private agencies that offer assisted housing, health services, fair housing services and social services in the community. Social services include those which focus on children, elderly persons, persons with disabilities, persons with Page 2 / 4 HIV/AIDS and homeless persons. The purpose of the required Stakeholder Workshop will be to discuss what these agencies view as the key housing and community development issues in Baldwin Park, to identify gaps in service and to brainstorm potential recommendations specific to Baldwin Park. Even though the City is unable to fund many of these worthy programs, these non-profit organizations provide insight into the overall social service needs of Baldwin Park. The Needs identified by the Service Providers will be incorporated into the Draft Plan given to the Mayor and City Council in April 2025. City staff will also conduct a community workshop within the next two months to solicit input on community needs. To supplement the HUD -required public outreach steps, the Housing Department posted a Housing and Community Development Needs Survey on the City's website to evaluate public opinion of specific housing and community development needs in the community. Hard copies of the survey are currently available at public facilities including the Senior Center and Library. Respondents are asked to rank the level of need for particular services, capital improvements, and public benefit. The Needs identified in the surveys will be incorporated into the Draft Plan given to the Mayor and City Council in April 2025. Finally, the Consolidated Plan process requires that two public hearings be held. The first public hearing, which is tonight, is the time for the City Council to establish what they believe are the low-income housing and community development needs of the community. It is also the opportunity for residents to voice their opinions on low-income housing and community development needs. The second required public hearing is for adoption of the Consolidated Plan and actual funding allocations, tentatively scheduled for May 2025. CONSOLIDATED PLAN SCHEDULE Tonight's hearing to elicit public comment about Baldwin Park's housing and community development needs in part of an overall preparation process leading to the preparation of the City's Consolidated Plan. Task Date Housing and Community Development Needs Survey January — February 2025 Stakeholders Workshop February -March 2025 Community Meeting February -March 2025 Council conducts 1st Public Hearing to elicit public comments on Baldwin Park's community development and housing needs. February 5, 2025 30-day public review of Draft Consolidated Plan April 2025 Conduct 2"d Council Public Hearing to approve Plan. May 2025 Submittal of Consolidated Plan to HUD to begin 45-day HUD review period. May 15, 2025 Page 3 / 4 ALTERNATIVES No alternatives are required. This public hearing is conducted solely to collect comments from Baldwin Park residents and the City Council on housing and community development needs for the development of the FY 2025-2029Consolidated Plan and the FY 2025/26 Annual Action Plan. LEGAL REVIEW No Legal Review is necessary at this time. ATTACHMENTS 1. None Page 4 / 4 ITEM NO. 11 STAFF REPORT TO: Honorable Mayor and Members of the City Council HU QE ..'C FROM: Enrique C. Zaldivar, Chief Executive Officer SAIN11,G4BR1EL I PREPARED BY: Shirley Quinones, Chief Deputy City Clerk DATE: February 19, 2025 SUBJECT: Review of Commission Applications and Consideration of Appointments to Fill the Scheduled Vacancy for the Planning Commission SUMMARY This report requests that the City Council review applicants and appoint one commissioner to the Planning Commission. RECOMMENDATION It is recommended that the City Council review all commission applications for the Planning Commission and make the respective appointment for one vacancy. FISCAL IMPACT There is no fiscal impact with this action. BACKGROUND The Planning Commission is a five -member body that reviews and acts on matters related to planning, land use development and community development in general. The Planning Commission has an essential role in the planning process by acting as an advisory body to the City Council on all planning and development issues as well as functions as the decision -making body for a number of planning proposals. Duties of the Planning Commission include but are not limited to holding public hearings and meetings; reviewing the General Plan; reviewing and recommending zoning code regulations; reviewing subdivision maps; and taking action on variances, conditional use permits, special use permits. On July 16, 2024, Mario Maciel resigned as Planning Commissioner and his term is set to expire June 30, 2025. In accordance with Government Code Sections 54972 and Baldwin Park Municipal Code Chapter 32 a public Notice of Vacancy for the unexpired term for a Planning Commissioner was posted. DISCUSSION The City received four (4) applications for Planning Commission. Staff reviewed the applications and determined that the applicants live in the City of Baldwin Park. All Commission applications included residency verification (via review of a driver's license and a current utility bill). Said documentation is on file in the City Clerk's Office under advisement. Page I / 2 The applicants are, in alphabetical order: • Benny Arias • Diana Miranda-Dzib • Gustavo Cuadra • Isabel Orellana ALTERNATIVES The City Council could make appointments at its next regularly scheduled City Council Meeting. LEGAL REVIEW This report does not need legal review. ATTACHMENTS 1. Planning Commission Applications Page 2 / 2 Use this space to list yourgoalsand objectives w why you_ ru should be appointed to the commission for w are applying. Please w- any addlitional• .. • wu feel will be beneficialw the Councilw ®- w of your appointment to this commission. I FEEL I SHOULD BE APPOINTED AS THIIS WOULD BE A GREAT OPPORTUNITY TO UNDERSTAND HOW COMMISSIONS WORK AND WHAT I CAN DO TO SEE THE CITY IMPROVE. I AIM TO ADVOCATE IFOR POLICIES & INITIATIVES THAT PRIORITIZE ENVIRONMENTAL CONSERVATION AND SUSTAINABLE PRACTICES WITHIN THE COMMUNITY; GREEN INFRSTRUCTURE & COMMUNITY INVOLVED IMPROVEMENTS Y PROFESSIONAL BACKGROUND IN ARCHITECTURE DESIGN & PLANNING HAS EQUIPPED ME WITH THE KNOWLEDGE AND SKILLS NECESSARY TO ADDRESS THE CHALLENGES FACING COMMUNITIES (HOUSING), WITH 10 YEARS E PIER ENC ON PERMITTING ALL TYPES OF PROJECT, I BELIEVE TO UNDERSTAND THE CHALLEGES FACED WITH IMPROVING A CITY. t - r r • s - _e - -s r w- � r s .rrr _ • .rr r �- r-r - r�r r tr r • r-s a _ - s r _ r rr r - r- _ _ of r recruitment.Failure toprovide current proofof - r_ each - - invalidate application. -�1iEc�lt'�Iri°L+�1����1�:�E������rL►�1���1►'�If�11�►�i��1��?r'�l►_1rlr��?=%�1���a���l'�I�'�i_:� +���t'�I CITY OF BALDWIN PARK, APPLICATION FOR CITY COMMISSION And STATSMENT OF QUALIFIC"ONS Planning Commission Namq__� ,��eogthdftiMeatth'�s;AddMs-533YTS- 8�rnailaddjres Aerne phone No�,nonie CeIVIVIessa I Are you 18 yeam of age at older? Are you registered to vote 16 the tify of Baldwin RarV I Do you currently serve as an elected or appointed official for any board andlor agency within the City of Baldwin Park? . No If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate?'Y'Os Npred LotioLofCl�qor,Qnrsit—20---ve-gre—e - University of Southern California Political Science Bachelor ALU School of Law Law EMPLOYMENT INFORMATION I EXPERIENCE., Aqw-AIMA Coordinator a 1-preseAt LA00t�- G�html Juvenile Hall High School Mdffi Teacher 1994�2000 can comment on your capabilities and 6hamdter� z ACK,NOWLEDGEMENTICF.RT�FICATION-. I undorstand that upon flllngo this application bacernes a public reoardI certify under penalty of periury under the laws of the State of Caffornia that the foregoing is true and correct I Diana Miranda-Dzib Commhtee Requested: Namo�� - jwA4*M4 0 Use this spaw to Nst your goals and objedfivels and why you f6el you should be appointed to the coftnission f6r which You ArO oppfyjng,Mease snclude any addftlanal information you f6el Oil be bano�dal tothe Council in consideration of your appointment tothis commissich. Date.December 10, 2024 Notice.- Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. p AAR ut�d"f�� pfvwuuu IMWOV077 Mal )�Qu suorn'tt cwmnf praor or msmancy at of saj�d re en AQpk�ation. EMEEME= Diana Miranda-Dzib Planning Commission Application Statement of Qualifications There are three main goals I hope to bring to the Planning Commission. First, I have lived in Baldwin Park for over forty years and as a resident and advocate, I hope to enhance the quality of life for our residents. Our residents deserve a livable Baldwin Park that meets their needs. Second, I believe it is important to ensure economic growth. We can provide the city our residents deserve by ensuring that as a city we attract businesses. In addition, these new businesses must create jobs for our community. Finally, we must ensure equitable and inclusive development that will be beneficial to all residents in Baldwin Park. In addition to the three goals, I also have three main objectives for wanting to join the Planning Commission team. I think transparency is key. I would like to engage with residents and listen to their input on planning decisions. I also think it is important that the city has a long-term sustainable vision for both growth and development. Finally, I have built several relationships and enjoy collaborating with other agencies. By ensuring these relationships are fostered, we can ensure that we work together with these agencies to achieve our goals. As a lifelong resident, I love our city and I enjoy giving back to our great community. I am hoping that you will give me the opportunity to serve our residents. Nam Gustavo Cuadra Committee Requested, "Ps Use this space to list your goals and objectives and, why you feel you should be appointed to the commission for which you are applying, Please: include any additional information you feel will be beneficial to the Councill in consideration of your appointment to this commission. Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. 0 MCIUded in Tne pool UT appitcants proviuvu nowev 1111 MMIJ IDTUIW.T UT of said recruitment, Failure to provide cwmnt proof of residOncy with each recruitment will invalidate this application, As a lifelong resident of the City of Baldwin Park, I have seen this city evolve into the diverse, vibrant community it is today. Having moved through the BPUSD school system, frequenting local retailers, and attending community events, my Baldwin Park roots run deep. With all that this city has given to me through the years, I feel now is my time to give back. It is my hope that an appointment to the Planning Commission will afford me the opportunity to be intimately involved in the collective decision -making which directly affects the business owners and residents of our city. This work cannot be understated. The people of our city deserve a fair and transparent commission which has their best interests in mind. My goal will be to come into this position with an open mind, a penchant to learn, an inquisitive nature, and an ability to speak truth to power. These public commissions carry with it a level of public trust which must be preserved and even elevated. Each commission's ultimate responsibility is to serve the public with the public's best interest in mind. Having been a career civil servant with the City of Los Angeles, I have first-hand experience in serving the public's interest. My assignments include LAPD Internal Affairs, Office of the Chief of Police, LAPD Media Relations, Department of Water & Power, Personnel Department and the Office of the City Administrative Officer. I have also covered or presented at Board of Police Commissioners meetings and the Los Angeles City Council. I have a working knowledge of the laws which govern public meetings and have worked for some of the highest ranking executives in Los Angeles City government. In addition, I hold a Bachelor's degree in Communications and a Master's degree in Public Administration. I appreciate the opportunity to apply for the Planning Commission and thank you in advance for your consideration. CITY OF BALDWIN PARK APPLICATION FOR CITY COMMISSION PLEASE ATTACH A CURRENT COPY OF A UTILITY BILL AND And A COPY OF YOUR * L PHOTO ID STATEMENT OF QUALIFICATIONS — - APPLICATION IS FOR THE FOLLOWING CATEGORY: (A separate appffcation is requiredfor each commission) Planning Commission Se t PERSONAL tNFORMATION: none CelliMessage Phone No Horne Phone No. Are you 18 years of age or cider? Are you registered to vote in the City of Batdwir Park? Yes Do you currently searve as an eracted ar appointpid official for any board and/or agency within the City of Batdvvir Park? No IC yEw''Nime of agency and EDU CATION Yes ? 3-5 Circie Highest grade you, completed: 1 2 3 4 5 6 7 89 10 11 12 High School Graduate? G',,E.D. Glendale Community College EMPLOYMENT INFORMATION I EXPERIENCE., montessod Outlet Inc 192,6 WHoIL Ave pt)jjjotje CA W 1112009 - Present REFERENCES. Please provide-, the narnes of two (2) people, who are not City of Baldwin Park Elected or Appointed Officials and who can cornment on yorAr capabilities and cnaractar. Elsa hAorales Lih f0adeh" Mario Maciel IMPORTANT, Read the following carefulfy and answer ccrinpletely. A conviction is not an &JtiafflatiG bar to appoinur.ent. Each case Is considered on its indMdual merits, '10 HAVE YOU EVER SEEN CokhtVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? 1F"Iease kw"afl cffenses,dato and placd ofTaff ense(s,, and -qr4rtPr,,cP,'fina recefived� b7'LLM4--- Date [--]" Vc',_ �_J yes verl Iron: Yes No Dute- L C Datt,.- 1--J" No Dale: ACKNOWLEDGEMENTICERTIFICATION' i, unaer5tand that Upon filing, this application becomes a public record, hoeirt'iyunder" peraftyof perjury under the laws ofthe Stale of C21if0fMa that the foregang is true, and co,, rect- vol er- 1,Zegistration Verification: F Yes No, Appointment cicvc term ex, p1res: Narne IL Committee Requeste& STATEMEN-r of QUALIFICATIONS: Use this spac6, to list your goals and objectives and vvhy you feei you should bo appolnted to the commission for which you are applying, Please, include any additional [nforniation you feel wilt be benefiaal to the Gour dl in consideration of y0Ur appuntrnent to this comrrission. I have been a life long resident of t1he city of Baldwin Park. I attended Elwin Elementary, Sierra Vista Middle school and Sierra Vista High school from which I graduated in 'I 990 i attended Glerldiale Community Co�leqe and received n-ly associates in accounting. I work( at Coca Coia 'in Los Angeles until 2002. They transitioned the accounting departments to Florida, At that time my children were little so I decided to stay home with thernfor a coupk of years, In 2009 1 started working as the bookkeeper where I am now the CEO. Both of m-y k,'ids rare rnarried and out of the house. I now have some spare tin'ie to work and give back to rny City. When my son was in High school at Ba�dwln Park High my husband and I ,wer-e Parent boosters and helped Mr. Paer Huetla with the band progMrn for four ye&,rs. I hope to be uonsidered for the position. Thank you Notice, � Pleaso be advised tarot ns at you and your qualfricatiomay be discussed by the City Coal-Icil at an open me This Application and tSctatat"nerit nof oQuafifiatidnwill be ept son file for itdweo (2) yeof rs, PDuif igthis timre, tw�dd rot" ,1-jec)rriwiissiofrkAlhh you have requetedcorsrarlonaPOWrTle'),YOUaAQ/icdtiQa ' will beincluded in the poo/ of applicants provided however, that you submit cut -rent proof of residency at the tarne of said recruitrnent, Failure to provide current proof of residency with each recruitnient MI! invalidate this , a pplfra tic n SUBMIT YOUR APPLICATION VIA EMAIL AT KR0MANC BALDW1NPARKX0M ITEM NO. SA 1 STAFF REPORT TO: Honorable Mayor and Members of the City Council HU QE ..'C FROM: Rose Tam, Director of Finance sn GaB'EL PREPARED BY: Grace Nguyen, Senior Finance Clerk ' �1'9n �Ama;,� DATE: February 19, 2025 SUBJECT: Successor Agency to The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park was $1,356.25. BACKGROUND The attached Claims and Demands the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The Jan 07, 2025 to Feb 06, 2025 Successor Agency Warrant with check number 13653 through 13653 in the total amount of $1,356.25 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENTS 1. Check Register Page 1 / 1 Check Register City of Batdwin Park, CA By (None) Payment Dates 1/7/2025 - 2/6/2025 Payment Number Payment Date Vendor Name Description (item) Account Number Amount 13653 1/16/2025 RSG INC ANNUAL REPORTS -HOUSING SUCCESSOR AGENCY DEC.2024 890-40-405-51100-00000 $ 1,356.25 Grand Total: $ 1,356.25 ITEM NO. SA 2 SAID CsABRIEL b TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance PREPARED BY: Anthony Ceballos, Accountant DATE: February 19, 2025 SUBJECT: Treasurer's Report SA — December 2024 SUMMARY Attached is the Treasurer's Report for the month of December 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 December 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 1 / 1 CITY OF BALDWIN PARK TREASURER'S REPORT 12/31/2024 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 Fund 4.434% Varies Varies $ 32,286,593.51 $ 32,286,693.61 $ 32,286,593.51 $ 32,286,593.51 Housing Authority 4.434% Varies Varies 436.20 436.20 436.20 436.20 32,287, 029.71 32,287,029.71 32,287,029.71 32,287,029.71 U.S Treasury/Agency Securities Federal Farm CR BKS Bond 41.33000% (Cambridge Investment 1 4.330% 11/8/2024 11/5/2026 2,000,000.00 2,000,000.00 2,000,000.00 1,995,440.00 2,000,000,00 2,000,000.00 2,000,000.00 1,995,440.00 US Government Bonds * Federal Home LN MTG Corp Medium Term NTS Fed R 4.000 % 08/14/29 B/E DTD 08/14/24 Callable 02/14/25 Moody Rating Aaa S & P Rating AA+ (Multi -Bank Securities Inc.) Federal Home LN MTG Corp Medium Term NTS FED 5.050 % 07/30/29 B/E DTD 07/31/24 Callable 07/30/25 (Multi - Bank Securities Inc.) Federal Farm CR BKS CONS Systemwide BDS 4.940% 08/13/25 B/E DTD 08/13/24 Callable 02/13/25 @ 100.000 (Piper Sandler & Co.) Federal Home LN BKS CONS BD 5.180 % 1012/25 B/E DTD 0412/24 Callable 01/2/25 @ 100.000 Moody Rating Aaa S & P (Piper Sandler & Co.) Federal Home LN BKS CONS BD 4.550% 04/21/26 B/E DTD 10/30/24 Callable 04/21/25 @ 100.000 Moody Rating Aaa S & P (Piper Sandler & Co.) 4.000% 8/14/2024 8/14/2029 2,000,000.00 2,000,000.00 2,000,000.00 1,943,620.00 5.050% 7/31/2024 7/30/2029 6,500,000.00 6,500,000.00 6,500,000.00 6,469,840.00 4.940% 8/13/2024 8/13/2025 2,000,000.00 2,000,000.00 2,000,000.00 1,997,660.00 5.180% 4/2/2024 10/2/2025 7,000,00.0.00 7,000,000.00 7,000,000.00 7,000,000.00 4.550% 10/31 /2024 4/21 /2026 5 000 000.00 600000000 5 000 000 00 4 998 650 00 22,500,000.00 22,500,000.00 22,500,000.00 22,409,670.00 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 4,008,138.76 4,008,138.76 4,008,138.76 4,008,138.76 Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fu Varies Varies Varies 52,503.09 52,503.09 52,503.09 62,503.09 4,060,641.85 4,060,641.85 # 4,060,641.85 4,060,641.85 $ 60,847,671.56 $ 60,847,671.56 _L 60,847,671.56 $ 60,752,781.56 Total Investments $ 60,847,671.56 Cash with BMO City Checking (General) 2,161,935.82 City Miscellaneous Cash (W/C, P/R) 962,179.33 CNG Station 109.66 Housing Authority 319,483.52 Money Market Plus 4,004,663.09 Successor Agency 97,120.74 Total Cash with BMO 7,545,492.16 Investment Brokerage (Cash & Cash Equivalents) 14,179,406.16 Total Cash and Investments $ 82,572,569.88 CITY OF BALDWIN PARK TREASURER'S REPORT 12131/2024 * Schedule of Cash and Investments includes city-wide assets as included in the Annual Comprehensive Financial Report. There was one investment redeerg&��ase transactiims --i 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: T,01,-7 0 Rose Tail, Director of Finance ITEM NO. FA 1 c.i x SAID CsABRIEL b TO: Chair and Members of the Finance Authority FROM: Rose Tam, Director of Finance PREPARED BY: Anthony Ceballos, Accountant DATE: February 19, 2025 SUBJECT: Treasurer's Report FA — December 2024 SUMMARY Attached is the Treasurer's Report for the month of December 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 December 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 1 / 1 CITY OF BALDWIN PARK TREASURER'S REPORT 12/31/2024 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 Fund 4.434% Varies Varies $ 32,286,593.51 $ 32,286,693.61 $ 32,286,593.51 $ 32,286,593.51 Housing Authority 4.434% Varies Varies 436.20 436.20 436.20 436.20 32,287, 029.71 32,287,029.71 32,287,029.71 32,287,029.71 U.S Treasury/Agency Securities Federal Farm CR BKS Bond 41.33000% (Cambridge Investment 1 4.330% 11/8/2024 11/5/2026 2,000,000.00 2,000,000.00 2,000,000.00 1,995,440.00 2,000,000,00 2,000,000.00 2,000,000.00 1,995,440.00 US Government Bonds * Federal Home LN MTG Corp Medium Term NTS Fed R 4.000 % 08/14/29 B/E DTD 08/14/24 Callable 02/14/25 Moody Rating Aaa S & P Rating AA+ (Multi -Bank Securities Inc.) Federal Home LN MTG Corp Medium Term NTS FED 5.050 % 07/30/29 B/E DTD 07/31/24 Callable 07/30/25 (Multi - Bank Securities Inc.) Federal Farm CR BKS CONS Systemwide BDS 4.940% 08/13/25 B/E DTD 08/13/24 Callable 02/13/25 @ 100.000 (Piper Sandler & Co.) Federal Home LN BKS CONS BD 5.180 % 1012/25 B/E DTD 0412/24 Callable 01/2/25 @ 100.000 Moody Rating Aaa S & P (Piper Sandler & Co.) Federal Home LN BKS CONS BD 4.550% 04/21/26 B/E DTD 10/30/24 Callable 04/21/25 @ 100.000 Moody Rating Aaa S & P (Piper Sandler & Co.) 4.000% 8/14/2024 8/14/2029 2,000,000.00 2,000,000.00 2,000,000.00 1,943,620.00 5.050% 7/31/2024 7/30/2029 6,500,000.00 6,500,000.00 6,500,000.00 6,469,840.00 4.940% 8/13/2024 8/13/2025 2,000,000.00 2,000,000.00 2,000,000.00 1,997,660.00 5.180% 4/2/2024 10/2/2025 7,000,00.0.00 7,000,000.00 7,000,000.00 7,000,000.00 4.550% 10/31 /2024 4/21 /2026 5 000 000.00 600000000 5 000 000 00 4 998 650 00 22,500,000.00 22,500,000.00 22,500,000.00 22,409,670.00 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 4,008,138.76 4,008,138.76 4,008,138.76 4,008,138.76 Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fu Varies Varies Varies 52,503.09 52,503.09 52,503.09 62,503.09 4,060,641.85 4,060,641.85 # 4,060,641.85 4,060,641.85 $ 60,847,671.56 $ 60,847,671.56 _L 60,847,671.56 $ 60,752,781.56 Total Investments $ 60,847,671.56 Cash with BMO City Checking (General) 2,161,935.82 City Miscellaneous Cash (W/C, P/R) 962,179.33 CNG Station 109.66 Housing Authority 319,483.52 Money Market Plus 4,004,663.09 Successor Agency 97,120.74 Total Cash with BMO 7,545,492.16 Investment Brokerage (Cash & Cash Equivalents) 14,179,406.16 Total Cash and Investments $ 82,572,569.88 CITY OF BALDWIN PARK TREASURER'S REPORT 12131/2024 * Schedule of Cash and Investments includes city-wide assets as included in the Annual Comprehensive Financial Report. There was one investment redeerg&��ase transactiims --i 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: T,01,-7 0 Rose Tail, Director of Finance ITEM NO. HA 1 TO: Chair and Members of the Housing Authority FROM: Rose Tam, Director of Finance sn �a�R'E� PREPARED BY: Grace Nguyen, Senior Finance Clerk JAT4"J DATE: February 19, 2025 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 $847,372.86. 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 Jan 07, 2025 to Feb 06, 2025 warrant check numbers 73259 through 73284 in the amount of $8,276.33 and Automated Clearing House (ACH) In the amount of $839,096.53 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 Report 2/6/2025 Date Range: 1/7/2025... 2/6/2025 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 Zero HAPs: Include Zero HAPs Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks ("Check Number Check Date VMS Date Payee Name DID Amount ❑ 73259 02/03/2025 02/01/2025 Julie L Fonseca ❑ $19.00 ❑ 73260 02/03/2025 02/01/2025 Vanessa G Ross ❑ $43.00 ❑ 73261 02/03/2025 02/01/2025 Jacqueline Chaves ❑ $154.00 ❑ 73262 02/03/2025 02/01/2025 Carmen Rivera -Madrid ❑ $32.00 ❑ 73263 02/03/2025 02/01/2025 Xiomara A Martinez ❑ $26.00 ❑ 73264 02/03/2025 02/01/2025 Marlene Valente ❑ $167.00 ❑ 73265 02/03/2025 02/01/2025 Ken Chi -Kin Yu ❑ $13.00 ❑ 73266 02/03/2025 02/01/2025 Courtney F Crocker ❑ $26.00 ❑ 73267 02/03/2025 02/01/2025 Victoria C Gonzalez ❑ $235.00 ❑ 73268 02/03/2025 02/01/2025 Mindy Sophia Aguirre ❑ $101.00 ❑ 73269 02/03/2025 02/01/2025 Sheila M Freeman ❑ $29.00 ❑ 73270 02/03/2025 02/01/2025 Richard L Moore ❑ $180.00 ❑ 73271 02/03/2025 02/01/2025 Christine A Rodriguez ❑ $37.00 ❑ 73272 02/03/2025 02/01/2025 Gwendolyn Jean Adams ❑ $88.00 ❑ 73273 02/03/2025 02/01/2025 Jess Edward Peralta ❑ $15.00 ❑ 73274 02/03/2025 02/01/2025 Ricky Garcia ❑ $31.00 ❑ 73275 02/03/2025 02/01/2025 Leonor Navarrete ❑ $210.00 ❑ 73276 02/03/2025 02/01/2025 Korina Gonzales ❑ $226.00 ❑ 73277 02/03/2025 02/01/2025 Elaina A Caldera ❑ $16.00 ❑ 73278 02/03/2025 02/01/2025 Manuel Ochoa ❑ $159.00 ❑ 73279 02/03/2025 02/01/2025 Chau Tong ❑ $27.00 ❑ 73280 02/03/2025 02/01/2025 Bianca M Harris ❑ $122.00 ❑ 73281 02/03/2025 02/01/2025 George Ka Chun Chew ❑ $2370.00 ❑ 73282 02/03/2025 02/01/2025 City of Carlsbad ❑ $1232.83 ❑ 73283 02/03/2025 02/01/2025 Cameron Properties ❑ $2578.50 ❑ 73284 02/03/2025 02/01/2025 Sylvia J Rodriguez ❑ $139.00 Copyright © 2011-2025, HAPPY Software, Inc. Check Register Report GN 02/06/2025 Page 1 Total $8,276.33 Average $295.58 Unit Count 4 Average Weighted by Unit Count $1,519.12 Hard to House Count Copyright © 2011-2025, HAPPY Software, Inc. Check Register Report GN 02/06/2025 Page 2 Check Register Report 2/6/2025 Date Range: 1/7/2025... 2/6/2025 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 Zero HAPs: Include Zero HAPs Voided Payments: Omit Voided Payments Held Checks: Exclude Held Checks ("Check Number Check Date VMS Date Payee Name DD Amount ❑ 35484 01/15/2025 11/01/2024 West Covina Senior Villas II, LP ® $1500.00 ❑ 35485 02/03/2025 02/01/2025 Y & H Investment, Inc. ® $1392.00 ❑ 35486 02/03/2025 02/01/2025 Eunice Property, LLC ® $1355.00 ❑ 35487 02/03/2025 02/01/2025 Wilson Apartment Associates L.P. ® $1855.00 ❑ 35488 02/03/2025 02/01/2025 Monet Huong Nguyen ® $3120.00 ❑ 35489 02/03/2025 02/01/2025 ASCENSION HOLDINGS LLC ® $1403.00 ❑ 35490 02/03/2025 02/01/2025 Tom Cinquegrani ® $918.00 ❑ 35491 02/03/2025 02/01/2025 Mark T. Fernandez ® $631.00 ❑ 35492 02/03/2025 02/01/2025 Melody (Muoi) Dao ® $1597.00 ❑ 35493 02/03/2025 02/01/2025 John W. Ruwitch and Anh Lam Truong ® $2212.00 ❑ 35494 02/03/2025 02/01/2025 Adam King Lee and Joyce Ng Lee ® $1505.00 ❑ 35495 02/03/2025 02/01/2025 Mingyu Qu ® $734.00 ❑ 35496 02/03/2025 02/01/2025 SAE GROUP, LLC ® $2269.00 ❑ 35497 02/03/2025 02/01/2025 Wei Zhen Su ® $1700.00 ❑ 35498 02/03/2025 02/01/2025 Mallorca Apartments, LTD ® $3588.00 ❑ 35499 02/03/2025 02/01/2025 Cipriano Salazar Jr. ® $1616.00 ❑ 35500 02/03/2025 02/01/2025 Dung Tran ® $2378.00 ❑ 35501 02/03/2025 02/01/2025 19 $1290.00 ❑ 35502 02/03/2025 02/01/2025 Monrovia 612, LP ® $30246.00 ❑ 35503 02/03/2025 02/01/2025 Leslie K Ng ® $1684.00 ❑ 35504 02/03/2025 02/01/2025 Jun Hua Hu ® $3037.00 ❑ 35505 02/03/2025 02/01/2025 Lien Diep ® $1585.00 ❑ 35506 02/03/2025 02/01/2025 Rosa Lamas-Serratos ® $2369.00 ❑ 35507 02/03/2025 02/01/2025 Malcolm Oso ® $875.00 ❑ 35508 02/03/2025 02/01/2025 Dajojo, LLC ® $1285.00 ❑ 35509 02/03/2025 02/01/2025 Investor Trust Realty Group, Inc. ® $1425.00 ❑ 35510 02/03/2025 02/01/2025 Sieu Tuan Phan ® $2248.00 ❑ 35511 02/03/2025 02/01/2025 Ana Thai ® $1029.00 ❑ 35512 02/03/2025 02/01/2025 SRI Properties No 15 LLC ® $1388.00 ❑ 35513 02/03/2025 02/01/2025 Larry Chow ® $2207.00 ❑ 35514 02/03/2025 02/01/2025 T & T Asset Holding, LLC ® $229.00 ❑ 35515 02/03/2025 02/01/2025 Mousa Boushaaya ® $1798.00 Copyright © 2011-2025, HAPPY Software, Inc. Check Register Report GN 02/06/2025 Page 1 ❑ 35516 02/03/2025 02/01/2025 Tuan Viet Ho ® $2190.00 ❑ 35517 02/03/2025 02/01/2025 Xiaomin Lin and Xiaoxi Wu ® $2207.00 ❑ 35518 02/03/2025 02/01/2025 Jun Ye and Ming Feng ® $1516.00 ❑ 35519 02/03/2025 02/01/2025 4324 Walnut St LLC ® $2304.00 ❑ 35520 02/03/2025 02/01/2025 El Monte Housing Partners LP ® $13014.00 ❑ 35521 02/03/2025 02/01/2025 Joseph T. Tung ® $1130.00 ❑ 35522 02/03/2025 02/01/2025 Alamitas LLC ® $358.00 ❑ 35523 02/03/2025 02/01/2025 Avalon Monrovia LLC ® $2168.00 ❑ 35524 02/03/2025 02/01/2025 Pro Management Inc. ® $1749.00 ❑ 35525 02/03/2025 02/01/2025 Andrew & Eva Fogg ® $1497.00 ❑ 35526 02/03/2025 02/01/2025 Heritage Park Villas LP ® $28991.00 ❑ 35527 02/03/2025 02/01/2025 Heritage Park Villas LP ® $8038.00 ❑ 35528 02/03/2025 02/01/2025 ® $1731.00 ❑ 35529 02/03/2025 02/01/2025 Manapa Enterprises LLC ® $1495.00 ❑ 35530 02/03/2025 02/01/2025 ® $8186.00 ❑ 35531 02/03/2025 02/01/2025 Oak Park Monrovia, LP ® $32217.00 ❑ 35532 02/03/2025 02/01/2025 Palo Verde Apartments, LP ® $893.00 ❑ 35533 02/03/2025 02/01/2025 Eladio Diaz ® $2073.00 ❑ 35534 02/03/2025 02/01/2025 Sharon Campbell ® $3087.00 ❑ 35535 02/03/2025 02/01/2025 John M Jacquet Sr. ® $1975.00 ❑ 35536 02/03/2025 02/01/2025 Steven Eraj Espantman and Marta ® $1440.00 ❑ 35537 02/03/2025 02/01/2025 Linda Alice Enriquez ® $2266.00 ❑ 35538 02/03/2025 02/01/2025 Ha X Van ® $4940.00 ❑ 35539 02/03/2025 02/01/2025 Chen Jackson ® $740.00 ❑ 35540 02/03/2025 02/01/2025 Group XII Properties, LP ® $1695.00 ❑ 35541 02/03/2025 02/01/2025 Philip Tsui ® $489.00 ❑ 35542 02/03/2025 02/01/2025 Paul Yen ® $1587.00 ❑ 35543 02/03/2025 02/01/2025 Becky Binh Nguyet Luu or Eddie Ma ® $1743.00 ❑ 35544 02/03/2025 02/01/2025 Tinh Van Le ® $627.00 ❑ 35545 02/03/2025 02/01/2025 The Six Straws LLC ® $7047.00 ❑ 35546 02/03/2025 02/01/2025 Twelve31 Partners LP ® $1637.00 ❑ 35547 02/03/2025 02/01/2025 Everardo Garcia ® $2585.00 ❑ 35548 02/03/2025 02/01/2025 Ngoc T. Lieu ® $2819.00 ❑ 35549 02/03/2025 02/01/2025 Alfred Tai-Kong Ho and Lisa Chen ® $534.00 ❑ 35550 02/03/2025 02/01/2025 Covina 023 Woods 206 LP c/o ® $772.00 ❑ 35551 02/03/2025 02/01/2025 Doreen Han ® $1662.00 ❑ 35552 02/03/2025 02/01/2025 Cecilia Lan Cao ® $1548.00 ❑ 35553 02/03/2025 02/01/2025 Baldwin Park Family Housing Limited ® $29115.00 ❑ 35554 02/03/2025 02/01/2025 Grace Chiou ® $1370.00 ❑ 35555 02/03/2025 02/01/2025 Marina Alvarez ® $4828.00 ❑ 35556 02/03/2025 02/01/2025 Zhi Min Li and WXL Investments Inc. ® $1076.00 ❑ 35557 02/03/2025 02/01/2025 Sui Man Mak ® $802.00 ❑ 35558 02/03/2025 02/01/2025 Henry Wong ® $2223.00 ❑ 35559 02/03/2025 02/01/2025 West Covina Senior Villas II, LP ® $1006.00 ❑ 35560 02/03/2025 02/01/2025 Dung Trung Pham and Tammy Tram ® $750.00 ❑ 35561 02/03/2025 02/01/2025 Francisco J. Sanchez and Gloria ® $1043.00 Copyright © 2011-2025, HAPPY Software, Inc. Check Register Report GN 02/06/2025 Page 2 ❑ 35562 02/03/2025 02/01/2025 Blessed Rock of El Monte ® $27708.00 ❑ 35563 02/03/2025 02/01/2025 Blessed Rock of El Monte ® $3128.00 ❑ 35564 02/03/2025 02/01/2025 Joanne Pham Chau ® $2524.00 ❑ 35565 02/03/2025 02/01/2025 Vintage Park, LLC dba: Vintage Park ® $5709.00 ❑ 35566 02/03/2025 02/01/2025 Alfonso Contreras ® $842.00 ❑ 35567 02/03/2025 02/01/2025 Ryan Quach and Hue Cao ® $1886.00 ❑ 35568 02/03/2025 02/01/2025 Windwood West Covina, L.P. c/o GK ® $1860.00 ❑ 35569 02/03/2025 02/01/2025 Alta Vista Villas, LP c/o Yale ® $3516.00 ❑ 35570 02/03/2025 02/01/2025 West Covina Seniors Villas 1 ® $1003.00 ❑ 35571 02/03/2025 02/01/2025 Post Brookhollow, , LP ® $22669.00 ❑ 35572 02/03/2025 02/01/2025 Rahmat Ray Nehdar ® $1135.00 ❑ 35573 02/03/2025 02/01/2025 Alexander Chan ® $2260.00 ❑ 35574 02/03/2025 02/01/2025 Phat Binh Vuong ® $1242.00 ❑ 35575 02/03/2025 02/01/2025 Alan Wu ® $813.00 ❑ 35576 02/03/2025 02/01/2025 Keymax Group, Inc ® $2431.00 ❑ 35577 02/03/2025 02/01/2025 Lawe Family Trust ® $795.00 ❑ 35578 02/03/2025 02/01/2025 Henry Ho ® $1288.00 ❑ 35579 02/03/2025 02/01/2025 PAMA IV Properties, LP ® $5203.00 ❑ 35580 02/03/2025 02/01/2025 Roger Hin Nam Mak ® $10105.00 ❑ 35581 02/03/2025 02/01/2025 LAT Investments, LLC ® $7220.00 ❑ 35582 02/03/2025 02/01/2025 Kimmie Mu Matsunaga ® $4364.00 ❑ 35583 02/03/2025 02/01/2025 Xitlalai Del Real Sanchez ® $1550.00 ❑ 35584 02/03/2025 02/01/2025 Delgar IV LLC ® $1376.00 ❑ 35585 02/03/2025 02/01/2025 Mary L Haynes ® $1121.00 ❑ 35586 02/03/2025 02/01/2025 ® $2002.00 ❑ 35587 02/03/2025 02/01/2025 Betty Chim Lieu ® $1846.00 ❑ 35588 02/03/2025 02/01/2025 Clinett Glazis ® $309.00 ❑ 35589 02/03/2025 02/01/2025 Kimberly Nguyen ® $1014.00 ❑ 35590 02/03/2025 02/01/2025 Gregory W. Pratt ® $4369.00 ❑ 35591 02/03/2025 02/01/2025 Joseph M. Kwok ® $2066.00 ❑ 35592 02/03/2025 02/01/2025 Leng Zhang and Bao Ying Jiang ® $1767.00 ❑ 35593 02/03/2025 02/01/2025 Mack E Titus ® $1752.00 ❑ 35594 02/03/2025 02/01/2025 Propman Inc. ® $1339.00 ❑ 35595 02/03/2025 02/01/2025 Lourdes J. Garrison ® $1495.00 ❑ 35596 02/03/2025 02/01/2025 Lois J Gaston ® $1802.00 ❑ 35597 02/03/2025 02/01/2025 Doan & Lily Thi ® $2300.00 ❑ 35598 02/03/2025 02/01/2025 El Monte Affordable Housing Partner ® $803.00 ❑ 35599 02/03/2025 02/01/2025 Jose Baudelio Delgado ® $742.00 ❑ 35600 02/03/2025 02/01/2025 Larry Mimms ® $1600.00 ❑ 35601 02/03/2025 02/01/2025 Guillermo Vasquez ® $3022.00 ❑ 35602 02/03/2025 02/01/2025 ® $3059.00 ❑ 35603 02/03/2025 02/01/2025 Fat Law ® $896.00 ❑ 35604 02/03/2025 02/01/2025 Kevin Kambor Kwong and Yuk Ming ® $1458.00 ❑ 35605 02/03/2025 02/01/2025 Dwight Chang ® $2484.00 ❑ 35606 02/03/2025 02/01/2025 Cameron Park Community Partners, ® $1885.00 ❑ 35607 02/03/2025 02/01/2025 Mozhgan Tavakoli ® $5154.00 Copyright © 2011-2025, HAPPY Software, Inc. Check Register Report GN 02/06/2025 Page 3 ❑ 35608 02/03/2025 02/01/2025 Lourdes Vela ® $3812.00 ❑ 35609 02/03/2025 02/01/2025 Gilbert Roybal ❑ $692.00 ❑ 35610 02/03/2025 02/01/2025 Philip & Fanny Kwok ® $1665.00 ❑ 35611 02/03/2025 02/01/2025 Woodside Village Apartments LP ❑ $19317.00 ❑ 35612 02/03/2025 02/01/2025 Cynthia Pham ® $664.00 ❑ 35613 02/03/2025 02/01/2025 Katie Yau and Daniel Hong ❑ $3178.00 ❑ 35614 02/03/2025 02/01/2025 Fanny Chan ® $1165.00 ❑ 35615 02/03/2025 02/01/2025 Kwan and Mei Chiang ❑ $1026.00 ❑ 35616 02/03/2025 02/01/2025 Sergio Molina ® $346.00 ❑ 35617 02/03/2025 02/01/2025 Fortune America ® $1700.00 ❑ 35618 02/03/2025 02/01/2025 Jason Tran ® $1028.00 ❑ 35619 02/03/2025 02/01/2025 Chuen Lau ® $4155.00 ❑ 35620 02/03/2025 02/01/2025 Tanya H Chen ® $2995.00 ❑ 35621 02/03/2025 02/01/2025 Dan Thanh Peng and Hoan Peng ® $1594.00 ❑ 35622 02/03/2025 02/01/2025 Sunset Square #2000, LP ® $10203.00 ❑ 35623 02/03/2025 02/01/2025 Ngoc Lieu ® $1243.00 ❑ 35624 02/03/2025 02/01/2025 Lark Ellen Village ® $15236.00 ❑ 35625 02/03/2025 02/01/2025 Xuyen Thach Han ® $3081.00 ❑ 35626 02/03/2025 02/01/2025 Kim Wah Wong and Sau Yi Wong ® $1592.00 ❑ 35627 02/03/2025 02/01/2025 Lucena A Ewing ® $4119.00 ❑ 35628 02/03/2025 02/01/2025 Christine Wu or Joseph Wu ® $1881.00 ❑ 35629 02/03/2025 02/01/2025 Jocelyn Jae Jhong ® $3445.00 ❑ 35630 02/03/2025 02/01/2025 Emilio De Jesus Cruz ® $429.00 ❑ 35631 02/03/2025 02/01/2025 Delgar V LLC ® $1284.00 ❑ 35632 02/03/2025 02/01/2025 Isabel R Sanchez ® $1855.00 ❑ 35633 02/03/2025 02/01/2025 Cienega Garden Apartments ® $9135.00 ❑ 35634 02/03/2025 02/01/2025 Vinh Hong Lai ® $3700.00 ❑ 35635 02/03/2025 02/01/2025 LPC 1829 E Workman Ave., LLC ® $4792.00 ❑ 35636 02/03/2025 02/01/2025 EZ 50 LLC ® $1926.00 ❑ 35637 02/03/2025 02/01/2025 Kuen K Wong ® $1500.00 ❑ 35638 02/03/2025 02/01/2025 Doreen E Ewing ® $3743.00 ❑ 35639 02/03/2025 02/01/2025 Moller Property Management ® $1347.00 ❑ 35640 02/03/2025 02/01/2025 TPA/NASCH LLC, Westgate as a sole ® $1357.00 ❑ 35641 02/03/2025 02/01/2025 TDF LP - Pacific Towers c/o Winn ® $12694.00 ❑ 35642 02/03/2025 02/01/2025 Paul & Annie W Chau ® $892.00 ❑ 35643 02/03/2025 02/01/2025 Gilbert Dominguez ® $9914.00 ❑ 35644 02/03/2025 02/01/2025 Mary Ann Norwood ® $1447.00 ❑ 35645 02/03/2025 02/01/2025 Eric Yu ® $2391.00 ❑ 35646 02/03/2025 02/01/2025 Up Hill Investment Inc. ® $1861.00 ❑ 35647 02/03/2025 02/01/2025 Dieu Van Huynh ® $916.00 ❑ 35648 02/03/2025 02/01/2025 Kelly Nguyen ® $1877.00 ❑ 35649 02/03/2025 02/01/2025 Vijay Gulati ® $3544.00 ❑ 35650 02/03/2025 02/01/2025 Nancy Mikhaiel ® $2314.00 ❑ 35651 02/03/2025 02/01/2025 Badillo Street Senior Apartments, L.P. ® $35235.00 ❑ 35652 02/03/2025 02/01/2025 Monrovia Heritage Park LP ® $29915.00 ❑ 35653 02/03/2025 02/01/2025 Tyler -Valley Metro Housing, LP ® $16169.00 Copyright © 2011-2025, HAPPY Software, Inc. Check Register Report GN 02/06/2025 Page 4 ❑ 35654 02/03/2025 02/01/2025 James or Barbara Fox ® $1125.00 ❑ 35655 02/03/2025 02/01/2025 Mayra Ortega ® $1373.00 ❑ 35656 02/03/2025 02/01/2025 Sel Homes LLC ® $9527.00 ❑ 35657 02/03/2025 02/01/2025 Hui Chuan Wang ® $4751.00 ❑ 35658 02/03/2025 02/01/2025 Nhan Nguyen and Amy Tran ® $2838.00 ❑ 35659 02/03/2025 02/01/2025 Puente Villa LLC ® $2967.00 ❑ 35660 02/03/2025 02/01/2025 RAMONA BLVD. FAMILY ® $12923.00 ❑ 35661 02/03/2025 02/01/2025 AJG Realty Inc. ® $2053.00 ❑ 35662 02/03/2025 02/01/2025 Maria Martha Martinez ® $8217.00 ❑ 35663 02/03/2025 02/01/2025 Antonio & Aida Rinos ® $1807.00 ❑ 35664 02/03/2025 02/01/2025 Greater San Gabriel Valley Property ® $1816.00 ❑ 35665 02/03/2025 02/01/2025 Annette C Scott ® $1511.00 ❑ 35666 02/03/2025 02/01/2025 1024 Royal Oaks LP dba Whispering ® $19189.00 ❑ 35667 02/03/2025 02/01/2025 1024 Royal Oaks LP dba Whispering ® $10647.00 ❑ 35668 02/03/2025 02/01/2025 Khiem Nguyen, Authorized Signer ® $2353.00 ❑ 35669 02/03/2025 02/01/2025 Derek Sim ® $652.00 ❑ 35670 02/03/2025 02/01/2025 Josephine Tran ® $1124.00 ❑ 35671 02/03/2025 02/01/2025 Therese Marie Simon ® $2192.00 ❑ 35672 02/03/2025 02/01/2025 Allan M. & Virginia J Chipp and Ralph ® $1159.00 ❑ 35673 02/03/2025 02/01/2025 Zi Jian Li ® $972.00 ❑ 35674 02/03/2025 02/01/2025 Minh A Nguyen ® $1663.00 ❑ 35675 02/03/2025 02/01/2025 DelGar I LLC. ® $1316.00 ❑ 35676 02/03/2025 02/01/2025 Jaime Barcena ® $1400.00 ❑ 35677 02/03/2025 02/01/2025 Monica D Mao ® $1928.00 ❑ 35678 02/03/2025 02/01/2025 Shiu-Ein Huang ® $308.00 ❑ 35679 02/03/2025 02/01/2025 The Promenade Housing Partners, LP ® $8182.00 ❑ 35680 02/03/2025 02/01/2025 Paramjit S Nijjar ® $3267.00 ❑ 35681 02/03/2025 02/01/2025 Rosa Beltran ® $2291.00 ❑ 35682 02/03/2025 02/01/2025 David Wagner ® $1156.00 ❑ 35683 02/03/2025 02/01/2025 Ynfante Holdings I, LLC ® $691.53 ❑ 35684 02/03/2025 02/01/2025 Roman Basin ® $2154.00 ❑ 35685 02/03/2025 02/01/2025 Sandhya Kai and Padma Kai ® $2850.00 ❑ 35686 02/03/2025 02/01/2025 Venancio Felix ® $278.00 ❑ 35687 02/03/2025 02/01/2025 K. Carl and Zitta A Setian ® $1380.00 ❑ 35688 02/03/2025 02/01/2025 Nomer Lacson ® $2038.00 ❑ 35689 02/03/2025 02/01/2025 Anna & Simon Choi ® $1439.00 ❑ 35690 02/03/2025 02/01/2025 Chung Thi Pham ® $2695.00 ❑ 35691 02/03/2025 12/01 /2024 ® $7389.00 ❑ 35692 02/03/2025 02/01/2025 Roy Lam ® $1345.00 ❑ 35693 02/03/2025 02/01/2025 Golden Dragon Properties LLC c/o ® $430.00 ❑ 35694 02/03/2025 02/01/2025 Nancy H Shen ® $766.00 ❑ 35695 02/03/2025 02/01/2025 Richard A DaSylveira ® $611.00 ❑ 35696 02/03/2025 02/01/2025 Sara Romo ® $2447.00 ❑ 35697 02/03/2025 02/01/2025 T & P Property LLC ® $1025.00 ❑ 35698 02/03/2025 02/01/2025 Singing Wood Senior Housing LP ® $20780.00 ❑ 35699 02/03/2025 02/01/2025 Sitara B. Mamdani ® $2453.00 Copyright © 2011-2025, HAPPY Software, Inc. Check Register Report GN 02/06/2025 Page 5 ❑ 35700 02/03/2025 02/01/2025 Garvey Senior Affordable Partners, LP ® $4331.00 ❑ 35701 02/03/2025 02/01/2025 Amy Phan Tran ❑ $2160.00 ❑ 35702 02/03/2025 02/01/2025 Ryan Kinpong Woo and Ching King ® $1878.00 ❑ 35703 02/03/2025 02/01/2025 Mei Yan Chen ❑ $1205.00 ❑ 35704 02/03/2025 02/01/2025 Shawn Hui Zhen ® $3127.00 Total $839,096.53 Average $1,539.63 Unit Count 531 Average Weighted by Unit Count $1,543.75 Hard to House Count 2 Copyright © 2011-2025, HAPPY Software, Inc. Check Register Report GN 02/06/2025 Page 6 ITEM NO. HA 2 SAID CsABRIEL b TO: Chair and Members of the Housing Authority FROM: Rose Tam, Director of Finance PREPARED BY: Anthony Ceballos, Accountant DATE: February 19, 2025 SUBJECT: Treasurer's Report HA — December 2024 SUMMARY Attached is the Treasurer's Report for the month of December 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 December 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 1 / 1 CITY OF BALDWIN PARK TREASURER'S REPORT 12/31/2024 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 Fund 4.434% Varies Varies $ 32,286,593.51 $ 32,286,693.61 $ 32,286,593.51 $ 32,286,593.51 Housing Authority 4.434% Varies Varies 436.20 436.20 436.20 436.20 32,287, 029.71 32,287,029.71 32,287,029.71 32,287,029.71 U.S Treasury/Agency Securities Federal Farm CR BKS Bond 41.33000% (Cambridge Investment 1 4.330% 11/8/2024 11/5/2026 2,000,000.00 2,000,000.00 2,000,000.00 1,995,440.00 2,000,000,00 2,000,000.00 2,000,000.00 1,995,440.00 US Government Bonds * Federal Home LN MTG Corp Medium Term NTS Fed R 4.000 % 08/14/29 B/E DTD 08/14/24 Callable 02/14/25 Moody Rating Aaa S & P Rating AA+ (Multi -Bank Securities Inc.) Federal Home LN MTG Corp Medium Term NTS FED 5.050 % 07/30/29 B/E DTD 07/31/24 Callable 07/30/25 (Multi - Bank Securities Inc.) Federal Farm CR BKS CONS Systemwide BDS 4.940% 08/13/25 B/E DTD 08/13/24 Callable 02/13/25 @ 100.000 (Piper Sandler & Co.) Federal Home LN BKS CONS BD 5.180 % 1012/25 B/E DTD 0412/24 Callable 01/2/25 @ 100.000 Moody Rating Aaa S & P (Piper Sandler & Co.) Federal Home LN BKS CONS BD 4.550% 04/21/26 B/E DTD 10/30/24 Callable 04/21/25 @ 100.000 Moody Rating Aaa S & P (Piper Sandler & Co.) 4.000% 8/14/2024 8/14/2029 2,000,000.00 2,000,000.00 2,000,000.00 1,943,620.00 5.050% 7/31/2024 7/30/2029 6,500,000.00 6,500,000.00 6,500,000.00 6,469,840.00 4.940% 8/13/2024 8/13/2025 2,000,000.00 2,000,000.00 2,000,000.00 1,997,660.00 5.180% 4/2/2024 10/2/2025 7,000,00.0.00 7,000,000.00 7,000,000.00 7,000,000.00 4.550% 10/31 /2024 4/21 /2026 5 000 000.00 600000000 5 000 000 00 4 998 650 00 22,500,000.00 22,500,000.00 22,500,000.00 22,409,670.00 US Bank - Debt Service Trustee Accounts Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 4,008,138.76 4,008,138.76 4,008,138.76 4,008,138.76 Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fu Varies Varies Varies 52,503.09 52,503.09 52,503.09 62,503.09 4,060,641.85 4,060,641.85 # 4,060,641.85 4,060,641.85 $ 60,847,671.56 $ 60,847,671.56 _L 60,847,671.56 $ 60,752,781.56 Total Investments $ 60,847,671.56 Cash with BMO City Checking (General) 2,161,935.82 City Miscellaneous Cash (W/C, P/R) 962,179.33 CNG Station 109.66 Housing Authority 319,483.52 Money Market Plus 4,004,663.09 Successor Agency 97,120.74 Total Cash with BMO 7,545,492.16 Investment Brokerage (Cash & Cash Equivalents) 14,179,406.16 Total Cash and Investments $ 82,572,569.88 CITY OF BALDWIN PARK TREASURER'S REPORT 12131/2024 * Schedule of Cash and Investments includes city-wide assets as included in the Annual Comprehensive Financial Report. There was one investment redeerg&��ase transactiims --i 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: T,01,-7 0 Rose Tail, Director of Finance ITEM NO. HA 3 7,71 "''�i''. TO: Chair and Members of the Housing Authority e0F 9` HE, r FROM: Ron Garcia, Director of Community Development * 4 aaiEL PREPARED BY: Ryan Mulligan, Housing Manager CLEY ,,, 0 ,A140! , DATE: February 19, 2025 SUBJECT: Housing Authority of the City of Baldwin Park Project Based Voucher Program Update The purpose of the staff report is to provide a Project Based Voucher (PBV) Program update for the Housing Authority of the City of Baldwin Park. RECOMMENDATION It is recommended that the Housing Authority Board receive and file this report. FISCAL IMPACT There is no impact on the General Fund or Housing Authority of the City of Baldwin Park (HACBP) Federal Fund. BACKGROUND/ DISCUSSION The Project Based Voucher program is underway as the Housing Authority of the City of Baldwin Park recently met with the Cesar Chavez Foundation on January 2025 to prepare for the completion of the Esteban E Torres, 51 unit building (50 PBV) located on Ramona Ave. The project is estimated to be completed in late December 2025 through the first quarter of 2026. The Housing Authority along with Cesar Chavez will begin the leasing process in the third quarter of 2025 to plan for timely move -ins once the project is completed. The Central Metro Place senior housing with 55 units (37 PBV) through the Retirement Housing Foundation, is also under construction with an estimated completion date of early 2026. The Housing Authority of the City of Baldwin Park was recently placed on HUDs shortfall list, which includes many other Public Housing Authorities (PHAs) in the nation including one of the larger ones in LA County. HUD has asked those PHAs to stop issuing any vouchers or executing any further projects at this time until HUD is able to allocate additional funding. This doesn't affect any existing participants that we have on our program as HUD has accounted for those individuals. It does, however, limit the Housing Authority from assisting further applicants until HUD provides an official notice. HACBP was in discussions with developers pertaining to adding to the PBV portfolio through Project Roomkey and Project Homekey. However, with the latest notice from HUD these partnerships have been placed on hold. Staff has informed the LA County CEO office of Housing and intergovernmental Affairs as well as the project managers of the former Motel 6 (A Community of Friends) and Grand Park Inn (Weingart Foundation). The projects will continue as affordable housing projects but will not be part of the Baldwin Park PBV portfolio at this time. LEGAL REVIEW Legal review is not required. Pagel/1