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Home My WebLink About12.03.25 Staff ReportCITY COUNCIL SPECIAL MEETING Agenda December 3, 2025, 5:00 PM Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Alejandra Avila Daniel Damian Jean M. Ayala Emmanuel J. Estrada 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. How to watch The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Most City Council meetings take place at City Hall, 14403 E. Pacific Ave., Baldwin Park, CA 91706 Online Audio streaming will be available at: https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber https://baldwinparkca.portal.civicclerk.com 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. In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the City 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 to comments@baldwinparkca.gov. Written comments will be distributed and will be made part of the written record but will NOT be read verbally at the meeting. CALL TO ORDER ROLL CALL PUBLIC COMMUNICATIONS OPEN SESSION/STUDY SESSION Presentation - Inland Valley Humane Society and S.P.C.A. RECESS CLOSED SESSION 1. Conference with Legal Counsel – Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: A. Case: John Doe Jr. v. John Doe 1, et al. Los Angeles County Superior Court Case No. 22PSCV03108 B. Case: Daniel Saldana v Baldwin Park Police Department Officers et al United States District Court-Central Case No. 2:24-cv-00895-MAA C. Case: DJCBP Corporation dba Tier One Case No. 2:23-cv-00384-CAS-PVC Consulting and David Ju D. Case: DJCBP Corporation dba Tier One v City of Baldwin Park et al Los Angeles County Superior Court Case No. 24STCP00313 E. Case: Rukli, Inc vs City of Baldwin Park Los Angeles Superior Court Case No. 22STCV28634 F. 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 G. Case: Anthony Clinton v. City of Baldwin Park, et al. Los Angeles Superior Court Case No. 24PSCV00606 2. Conference with Legal Counsel – Anticipated Litigation, Potential Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): One (1) 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 26th day of November 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 squinones@baldwinparkca.gov. CITY COUNCIL REGULAR MEETING Agenda - REVISED December 3, 2025, 7:00 PM Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Alejandra Avila Daniel Damian Jean M. Ayala Emmanuel J. Estrada 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. How to watch The City of Baldwin Park provides two ways to watch a City Council meeting: In Person Most City Council meetings take place at City Hall, 14403 E. Pacific Ave., Baldwin Park, CA 91706 Online Audio streaming will be available at: https://www.youtube.com/channel/UCFLZ0_dDFRjy59rhiDZ13Fg/featured?view_as=subscriber https://baldwinparkca.portal.civicclerk.com 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 City 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 to comments@baldwinparkca.gov. Written comments will be distributed and will be made p art of the written record but will NOT be read verbally at the meeting. 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 PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Presentation –Recognition of Retirement for Building Inspector Michael Teran Presentation - Honoring Saint Vincent de Paul – St. John the Baptist Conference Presentation – Recognition for the 2025 Julia McNiell Senior Center King & Queen — Mr. Arminio Bill Alvarez and Ms. Olivia Sanchez Proclamation - Native American Heritage Month presented to San Gabriel Band of Mission Indians Gabrieleno PUBLIC COMMUNICATIONS CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. 1.City of Baldwin Park’s Warrants and Demands It is recommended that the City Council ratify the attached Warrants and Demands Register. 2.Approval of Meeting Minutes of November 19, 2025 It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and Housing Authority Meeting held on November 19, 2025. 3.Second Reading and Adoption of Ordinance No. 1519 Adopting the 2025 California Building Code, 2025 California Residential Code, 2025 California Existing Building Code, 2025 California Mechanical Code, 2025 California Plumbing Code, 2025 California Electrical Code, 2025 California Green Building Standards Code, 2025 California Energy Code, 2025 California Wildland-Urban Interface Code, 2025 California Historical Code, 2025 California Reference Standards Code, 2025 California Fire Code, and 2026 Los Angeles C ounty Fire Code It is recommended that the City Council: 1.Find the enforcement of the most current editions of the California Building Standards Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of Baldwin Park. 2.Find the adoption of the State Building Codes in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State CEQA Guidelines. 3.Find, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a City may make such modifications in the requirements of the regulations, adopted pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of local climatic, geological or topographic conditions. 4. Waive further reading and adopt Ordinance No. 1519 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2025 CALIFORNIA BUILDING CODE, 2025 CALIFORNIA RESIDENTIAL CODE, 2025 CALIFORNIA EXISTING BUILDING CODE , 2025 CALIFORNIA MECHANICAL CODE, 2025 CALIFORNIA PLUM BING CODE, 2025 CALIFORNIA ELECTRICAL CODE, 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 CALIFORNIA ENERGY CODE, 2025 California Wildland- Urban Interface CODE, 2025 CALIFORNIA HISTORICAL CODE, 2025 CALIFORNIA REFERENCE STANDARDS CODE, 2025 California Fire Code and 2026 Los Angeles County Fire Code, INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938.” 4. Contract Extension for Three Firms, JLee Engineering, RKA Consulting Group, and Willdan Engineering, to Provide As-Needed Building Plan Check and Inspection Services It is recommended that the City Council: 1. Approve three-year contract extensions for the three separate firms listed below to be used for As-Needed Building Plan Check and Inspection Services; and 2. Authorize the Director of Finance to make the appropriation and necessary budget adjustments; and 3. Authorize the Mayor to execute agreements with each of the three firms, with a term ending December 31, 2028, and up to $50,000 annually in compensation, for the purpose of providing Building plan check and inspection services on an as -needed basis. Consultant Location JLee Engineering, Inc. Alhambra, CA RKA Consulting Group Walnut, CA Willdan Engineering San Bernardino, CA 5. Ordinance No. 1522 Amendment to the Rent Stabilization Ordinance (RSO), Chapter 117 of the Baldwin Park Municipal Code Incorporating CPI -U Annual Adjustment Methodology and Determining the Matter is Exempt under CEQA It is recommended that the City Council Introduce and Adopt Ordinance No. 1522 amending Chapter 117 of the Baldwin Park Municipal Code to clarify the Annual Rent Adjustment Methodology for Controlled Rental Units using the April 12-month CPI-U Index, with adjustments effective each August, and limiting rent Increases to the lesser of the CPI-U change or 5 percent. 6. Approval of a Contract with RRM Design Group to Prepare Pre-Approved Accessory Dwelling Unit Construction Plans It is recommended that the City Council: 1. Award a contract to RRM Design Group to prepare construction plans for City-sponsored pre- approved ADU plans; 2. Authorize the Mayor, or designee, to execute the attached agreement with RRM Design Group to provide consulting services in an amount not to exceed $65,000; and 3. Authorize the Director of Finance to appropriate $65,000 from Fund 235-General Plan Fees and make necessary budget adjustment. 7. Approval of a contract with Constant and Associates to provide consulting services to update the Local Hazard Mitigation Plan in Compliance with State and Federal Law It is recommended that the City Council: 1. Award a contract to Constant and Associates to prepare an update to the City of Baldwin Park’s Local Hazard Mitigation Plan; 2. Authorize the Mayor, or designee, to execute the attached agreement with Constant and Associates to provide consulting services in an amount not to exceed $151,008.13; and 3. Authorize the Director of Finance to appropriate $151,008.13 from Fund 235-General Plan Fees and make necessary budget adjustments. PUBLIC HEARING 8. Public Hearing and Ordinance No. 1523: Proposed Extension of Moratorium Upon New, Non - Retail, Commercial Cannabis Operations It is recommended that the City Council: 1. Conduct the Public Hearing; and 2. Waive full reading and adopt title only by four-fifths vote Ordinance 1523 entitled: “AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, EXTENDING AN URGENCY ORDINANCE ESTABLISHING A MORATORIUM ON APPROVAL, COMMENCEMENT, ESTABLISHMENT, OR OPERATION OF ALL COMMERCIAL (NON-RETAIL) CANNABIS LAND USES, INCLUDING WITHOUT LIMITATION CANNABIS MANUFACTURING, DISTRIBUTION, PROCESSING, DELIVERIES, AND CULTIVATION.” REPORTS OF OFFICERS 9. Open Meeting and Teleconference Requirements and Approval of Policy on Distributions to Public Participation During Remote or Hybrid Meetings It is recommended that the City Council approve the Policy on Distributions to Public Participation During Remote or Hybrid Meetings. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION ADJOURNMENT CERTIFICATION I, Christopher Saenz, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 26th day of November 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 squinones@baldwinparkca.gov. Page 1 / 2 ITEM NO: 1. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr, Chief Executive Officer Rose Tam, Finance Director PREPARED BY: Ana Zhang, Senior Finance Clerk DATE: December 3, 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. RECOMMENDED ACTION: It is recommended that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT: The payroll for the last period was $631,523.02 and the attached General Warrants Register was $505,766.95 for a total amount of $1,137,289.97. 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 203139 to 203152. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 58845 to 59155 for the period October 26, 2025, through November 8, 2025 inclusive; these are presented and hereby ratified in the amount of $631,523.02. 2.General Warrants, with the electronic fund transfer (EFT) bank drafts in the amount of $279,813.48 and checks from 253521 to 253586 in the amount of $225,953.47 for the period of November 10, 2025 to November 19, 2025, inclusive; in the total amount of $505,766.95 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. DISCUSSION: None ALTERNATIVES: None CEQA REVIEW: None Page 2 / 2 LEGAL REVIEW: This report does not require legal review. ATTACHMENTS: 1. Check Register-12-3-2025 Amount 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 6.50$ 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 104.23$ 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 104.23$ 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 6.51$ 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 61.95$ 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 24.59$ 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 24.59$ 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 26.88$ 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 26.89$ 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 61.96$ 253548 11/13/2025 GRAINGER, INC.SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 14.55$ 253548 11/13/2025 GRAINGER, INC.SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 25.49$ 253548 11/13/2025 GRAINGER, INC.SUPPLIES FOR BUILDING MAINTENANCE 252-60-620-53100-00000 25.50$ 253546 11/13/2025 FRONTIER COMMUNICATIONS ACT#0317985-PD PHONE-10/28-11/27/2025 100-30-310-53403-00000 245.34$ 253547 11/13/2025 GABRIEL CONTAINER CO.CARD BOARD BOXES FOR CHRISTMAS FOOD BASKET 100-60-640-53100-16106 748.00$ 253548 11/13/2025 GRAINGER, INC.SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 14.56$ 253543 11/13/2025 EMBLEMS INC.PINK PATCHES 2025 (3RD BATCH)501-30-000-21500-00000 510.00$ 253544 11/13/2025 EVAN MARTIN EDUCATION REIM-FY25/26-PPA 535 INTERGOV RELATIONS 100-10-150-53210-11121 1,500.00$ 253545 11/13/2025 FRANCHISE TAX BOARD ACT#13496-PP#23 PE 11/8/2025 100-00-000-21225-00000 378.17$ 253541 11/13/2025 ELITE HOOD & EXHAUST CLEANING SVC.HOOD CLEANING A SENIOR CENTER KITCHEN 100-60-620-53371-00000 275.00$ 253541 11/13/2025 ELITE HOOD & EXHAUST CLEANING SVC.HOOD CLEANING A SENIOR CENTER KITCHEN 252-60-620-53371-00000 275.00$ 253542 11/13/2025 ELIZABETH ALMARAL RENTAL DEPOSIT REFUND-1/13/2024-BARNES PARK 501-60-000-22333-00000 150.00$ 253538 11/13/2025 COMMERCIAL DOOR OF ANAHEIM INC REPAIRS MADE TO DOOR AT CITY HALL PARKING 245-60-620-53371-15882 400.00$ 253539 11/13/2025 CWE SEP 2025-CONSTRUCTION MANAGEMENT&INSPECTION 258-50-520-58100-55001 33,349.50$ 253540 11/13/2025 EL RINCON DEL SABOR POBLANO LLC CATER SRVC FOR HALLOWEEN-10/30/25 100-10-150-53370-11123 2,406.87$ 253536 11/13/2025 CINTAS FIRST AID & SAFETY FIRST AID&SAFETY-POLICE&JAIL 403-10-160-51101-00000 342.72$ 253536 11/13/2025 CINTAS FIRST AID & SAFETY ZOLL PLUS AUTO AGREEMENT 403-10-160-51101-11350 108.29$ 253537 11/13/2025 CITY TRAFFIC COUNTERS SPEED TRACKING-STEWART&PALM&RAMONA 240-50-510-51100-00000 1,400.00$ 253533 11/13/2025 CARLA GUTIERREZ BALLOON INSTALLATION FOR YOUTH BASKETBALL OPENING 501-60-000-22326-00000 300.00$ 253534 11/13/2025 CARMEN CASTANEDA REFUND-TRIP TO AMERICANA AT BRAND-11/6/25 501-60-000-22327-00000 25.00$ 253535 11/13/2025 CHICAS GRAPHICS AND DESIGN FULL COLOR BANNER FOR VETERAN'S DAY CEREMONY 100-60-610-53100-16149 53.04$ 253532 11/13/2025 CALIFORNIA CLEANING MAINTENANCE OCT 2025-CITYWIDE JANITORIAL FOR CITY FACILITIES 100-60-620-53371-00000 6,150.00$ 253532 11/13/2025 CALIFORNIA CLEANING MAINTENANCE OCT 2025-CITYWIDE JANITORIAL FOR CITY FACILITIES 245-60-620-53371-15882 1,600.00$ 253532 11/13/2025 CALIFORNIA CLEANING MAINTENANCE OCT 2025-CITYWIDE JANITORIAL FOR CITY FACILITIES 252-60-620-53371-00000 13,210.00$ 253530 11/13/2025 AZUSA WHOLESALE PLUMBING INC PLUMBING SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 316.76$ 253530 11/13/2025 AZUSA WHOLESALE PLUMBING INC PLUMBING SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 299.43$ 253531 11/13/2025 BRUNO SANCHEZ RENT-3628 BALDWIN PARK UNIT H-JUL&AUG&SEP 2025 100-60-610-53370-16166 3,500.00$ 253530 11/13/2025 AZUSA WHOLESALE PLUMBING INC PLUMBING SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 1,251.42$ 253530 11/13/2025 AZUSA WHOLESALE PLUMBING INC PLUMBING SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 104.01$ 253530 11/13/2025 AZUSA WHOLESALE PLUMBING INC PLUMBING SUPPLIES FOR BUILDING MAINTENANCE 100-60-620-53100-00000 226.05$ 253527 11/13/2025 ALL CITY MANAGEMENT SERVICES, INC CROSSING GUARD SERVICES-10/12-10/25/25 100-30-390-51100-13200 17,576.00$ 253528 11/13/2025 ANGEL FLORES RENTAL DEPOSIT REFUND-11/9/25-SENIOR CENTER 501-60-000-22333-00000 500.00$ 253529 11/13/2025 AUTOMATION SOLUTIONS, INC.ELECTRICAL REPAIRS AT ZOCALO PARK-11/5/25 110-60-685-53371-00000 384.00$ 253524 11/13/2025 ABSOLUTE SECURITY INTERNATIONAL CORP SECURITY SRVC AT SENIOR CENTER&ARC-9/13-9/27/25 501-60-000-22328-00000 2,250.60$ 253525 11/13/2025 ALEX CANSECO RENTAL DEPOSIT REFUND-11/9/25-ESTHER SNYDER 501-60-000-22333-00000 150.00$ 253526 11/13/2025 ALICIA ARRIAGA RENTAL DEPOSIT REFUND-10/23/25-ESTHER SNYDER 501-60-000-22333-00000 150.00$ 253523 11/10/2025 RIO HONDO COMM. COLLEGE PSP DRIVER COURSE 11/12/2025-ERNEST BARRIOS 100-30-310-53200-00000 25.00$ 253523 11/10/2025 RIO HONDO COMM. COLLEGE PSP DRIVER COURSE 11/12/2025-ISRAEL RODAS 100-30-310-53200-00000 25.00$ 253523 11/10/2025 RIO HONDO COMM. COLLEGE PSP DRIVER COURSE 11/12/2025-CARLOS MENDEZ 100-30-310-53200-00000 25.00$ 253521 11/10/2025 GOODWILL INDUSTRIES OF SOUTHERN CALIFORNIA JUL 2025-NEXTGEN YOUTH EMPLOYMENT W BP CITY 275-25-719-51101-17518 53,664.08$ 253522 11/10/2025 MICHAEL RECIO MUSICAL ENTERTAINMENT AT ZOCALO PARK 9/12/2025 110-60-685-51101-00000 1,250.00$ Check RegisterCity of Baldwin Park, CA By (None) Payment Dates 11/10/2025 - 11/19/2025 Payment Number Payment Date Vendor Name Description (Item)Account Number 1134 11/13/2025 BALDWIN PARK POA POLICE SWORN DUES 100-00-000-21219-00000 6,589.11$ 1134 11/13/2025 BALDWIN PARK POA POLICE NON-SWORN DUES 100-00-000-21219-00000 1,287.37$ Page 1 of 4 AmountPayment Number Payment Date Vendor Name Description (Item)Account Number 253554 11/13/2025 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHERS SRVC-CITY HALL-10/28/25 100-60-620-53371-00000 573.18$ 253554 11/13/2025 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHERS SRVC-FAMILY SRVC CNTR-10/28/25 252-60-620-53371-00000 146.71$ 253554 11/13/2025 MILLER'S & ISHAMS FIRE EXTINGUISHERS FIRE EXTINGUISHERS SRVC-CITY YARD BLDG-10/28/25 100-60-620-53371-00000 616.17$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 252-60-620-53100-00000 3.30$ 253552 11/13/2025 JOANNA GUTIERREZ RENTAL DEPOSIT REFUND-11/8/25-SENIOR CNTR 501-60-000-22333-00000 300.00$ 253553 11/13/2025 LOS ANGELES COUNTY SHERIFFS DEPARTMENT LEVYING OFFICER FILE#3302501060096-W.GARNISHMENT 100-00-000-21225-00000 142.40$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 100-60-620-53100-00000 76.58$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 252-60-620-53100-00000 76.57$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 100-60-620-53100-00000 3.30$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 252-60-620-53100-00000 14.34$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 100-60-620-53100-00000 15.11$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 252-60-620-53100-00000 15.11$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 100-60-620-53100-00000 89.10$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 252-60-620-53100-00000 89.11$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 100-60-620-53100-00000 14.33$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 252-60-620-53100-00000 11.28$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 100-60-620-53100-00000 64.30$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 252-60-620-53100-00000 64.29$ 253550 11/13/2025 HOME DEPOT ACT#23270-SUPPLIES FOR RECREATION&BLDG MAINTENANCE 100-60-620-53100-00000 32.90$ 253550 11/13/2025 HOME DEPOT 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252-60-620-53100-00000 55.23$ 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 47.52$ 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 100-60-620-53100-00000 190.60$ 253549 11/13/2025 HOME DEPOT ACT#23262-SUPPLIES FOR BLDG MAINTENANCE 252-60-620-53100-00000 190.61$ Page 2 of 4 AmountPayment Number Payment Date Vendor Name Description (Item)Account Number 253577 11/18/2025 TRIPEPI,SMITH AND ASSOCIATES, INC SEP 2025 COMMUNICATIONS&SOCIAL MEDIA SERVICES-CITY 230-10-110-51100-11402 4,484.50$ 253575 11/18/2025 TK ELEVATOR CORPORATION ELEVATOR MAINTENANCE CITY HALL 11/1/2025-1/31/2026 100-60-620-53371-00000 1,651.59$ 253575 11/18/2025 TK ELEVATOR CORPORATION ELEVATOR MAINTENANCE CITY HALL 11/1/2025-1/31/2026 100-60-620-53371-00000 130.53$ 253576 11/18/2025 TPX COMMUNICATIONS CO LOCAL,LONG DISTANCE TELEPHONE & DATA 11/9-12/8/25 401-10-141-53403-11506 7,949.32$ 253574 11/18/2025 THE PUN GROUP LLP AUDIT THE CITY YEAR END 6/30/2025 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CONSULTING SERVICES FOR BILLBOARDS 100-40-405-51100-00000 800.01$ 253572 11/18/2025 THE COUNSELING TEAM INTERNATIONAL BPPD:1 PSYCHOLOGICAL ASSESMENTS 10/28/2025 100-10-150-51101-11122 375.00$ 253573 11/18/2025 THE LINCOLN NATIONAL LIFE INSURANCE COMPANY EAP FEES FOR 7/1/2025-9/30/2025 100-10-150-51101-00000 715.44$ 253570 11/18/2025 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 10/15/25 252-60-620-53371-00000 82.18$ 253570 11/18/2025 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 11/5/25 100-60-620-53371-00000 85.80$ 253570 11/18/2025 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 11/5/25 252-60-620-53371-00000 85.79$ 253570 11/18/2025 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 10/22/25 100-60-620-53371-00000 30.00$ 253570 11/18/2025 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 10/22/25 252-60-620-53371-00000 30.00$ 253570 11/18/2025 TERMINIX EXTERMINATOR SERVICES AT CITY FACILITIES 10/15/25 100-60-620-53371-00000 82.17$ 253569 11/18/2025 STAPLES OFFICE SUPPLIES 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COLLEGE PSP DRIVER COURSE 11/20/2025-MOBIN ALI 100-30-310-53200-00000 25.00$ 253561 11/18/2025 QUENCH USA, INC.WATER FILTRATION SYSTEM CITY FACILITIES 100-60-620-53100-00000 497.25$ 253561 11/18/2025 QUENCH USA, INC.WATER FILTRATION SYSTEM CITY FACILITIES 252-60-620-53100-00000 497.25$ 253562 11/18/2025 RICOH USA INC MAINTENANCE AND OVERAGES-(3) RICOHS 10/25-11/24/25 401-10-141-53371-11504 6.95$ 253559 11/18/2025 ODP BUSINESS SOLUTIONS, LLC OFFICE SUPPLIES FOR ENGINEERING DIVISION 240-50-510-53100-00000 97.47$ 253559 11/18/2025 ODP BUSINESS SOLUTIONS, LLC CITY WIDE COPY PAPER 401-10-141-53100-11504 1,546.55$ 253560 11/18/2025 PRO LINE GYM FLOORS INC.SAND AND APPLY TWO COATS OF HILLYARD FINISH,100-60-620-53371-00000 9,900.00$ 253557 11/13/2025 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 9/22-10/21/25 100-60-680-53403-00000 76.38$ 253557 11/13/2025 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 9/22-10/21/25 252-60-620-53403-00000 76.74$ 253558 11/18/2025 NICHOLS LUMBER & HARDWARE MATERIALS & SUPPLIES FOR CHRISTMAS FOOD BASKETS 100-60-640-53100-16106 88.34$ 253557 11/13/2025 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 9/22-10/21/25 100-60-650-53403-00000 268.23$ 253557 11/13/2025 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 9/22-10/21/25 100-60-660-53403-00000 38.37$ 253557 11/13/2025 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 9/22-10/21/25 100-60-620-53403-00000 76.74$ 253557 11/13/2025 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 9/22-10/21/25 100-60-630-53403-00000 76.74$ 253557 11/13/2025 VERIZON WIRELESS PHONE-870914792-00003-RECREATION 9/22-10/21/25 100-60-640-53403-00000 114.75$ 253555 11/13/2025 MOORE, IACOFANO & GOLTZMAN INC AUG 2025-PROFESSIONAL SRVC-ANA MON. 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STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr, Chief Executive Officer PREPARED BY: Shirley Quinones, Chief Deputy City Clerk DATE: December 3, 2025 SUBJECT: Approval of Meeting Minutes of November 19, 2025 SUMMARY: The City Council held the following meetings on November 19, 2025; Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and Housing Authority Meeting. RECOMMENDED ACTION: It is recommended that the City Council approve the following meeting minutes of the Special City Council Meeting, Regular City Council Meeting, Finance Authority Meeting and Housing Authority Meeting held on November 19, 2025. FISCAL IMPACT: There is no fiscal impact associated with this item. BACKGROUND: None DISCUSSION: None ALTERNATIVES: None CEQA REVIEW: None LEGAL REVIEW: This report does not require legal review. ATTACHMENTS: 1. Meeting Minutes of November 19 2025 11-19-2025 City Council Special Meeting Agenda Page 1 of 2 CITY COUNCIL SPECIAL MEETING Minutes November 19, 2025, 5:00 PM Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Alejandra Avila Daniel Damian Jean M. Ayala Emmanuel J. Estrada Manuel Lozano These minutes are presented in Agenda order. CALL TO ORDER The meeting was called to order at approximately 5:09 p.m. by Mayor Avila. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Councilmember Jean M. Ayala (present) Councilmember Emmanuel Estrada (present arrived at 5:15 p.m.) Councilmember Manuel Lozano (present) Mayor Pro Tem Daniel Damian (present) Mayor Alejandra Avila (present) PUBLIC COMMUNICATIONS Mayor Avila opened Public Communications at approximately 5:10 p.m. Seeing no one wishing to speak, public communications was closed. OPEN SESSION/STUDY SESSION RECESS CLOSED SESSION – COUNCIL RECESSED TO CLOSED SESSION AT 5:11 PM 1. Conference with Legal Counsel – Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: A. Case: Daniel Saldana v Baldwin Park Police Department Officers et al United States District Court-Central Case No. 2:24-cv-00895-MAA No Reportable Action B. Case: DJCBP Corporation dba Tier One Case No. 2:23-cv-00384-CAS-PVC Consulting and David Ju No Reportable Action C. Case: DJCBP Corporation dba Tier One v City of Baldwin Park et al Los Angeles County Superior Court Case No. 24STCP00313 No Reportable Action D. Case: Rukli, Inc vs City of Baldwin Park Los Angeles Superior Court Case No. 22STCV28634 No Reportable Action 11-19-2025 City Council Special Meeting Agenda Page 2 of 2 E. 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 No Reportable Action 2. Conference with Legal Counsel – Anticipated Litigation, Potential Initiation of Litigation Pursuant to paragraph (4) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): One (1) No Reportable Action ADJOURNMENT The meeting adjourned at approximately 7:12 p.m by Mayor Avila. APPROVED: December 3 2025 ATTEST: Christopher Saenz, City Clerk Alejandra Avila, Mayor 11-19-2025 City Council Regular_FA_HA_BPCRF Meeting Minutes Page 1 of 6 CITY COUNCIL FINANCE AUTHORITY HOUSING AUTHORITY BP CHARITABLE RELIEF FOUNDATION REGULAR MEETING Minutes November 19, 2025, 7:00 PM Mayor Mayor Pro Tem Councilmember Councilmember Councilmember Alejandra Avila Daniel Damian Jean M. Ayala Emmanuel J. Estrada Manuel Lozano These minutes are presented in Agenda order. CALL TO ORDER The meeting was called to order at approximately 7:09 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 Executive Officer Manuel Carrillo Jr. ROLL CALL City Clerk Saenz performed roll call: MEMBERS: Councilmember Jean M. Ayala (present) Councilmember Emmanuel Estrada (present) Councilmember Manuel Lozano (present) Mayor Pro Tem Daniel Damian (present) Mayor Alejandra Avila (present) REPORT FROM CLOSED SESSION City Attorney Christian Bettenhausen announced that the City Council met in closed session on the items listed on the Special Meeting Agenda except for item #2. All councilmembers were present and there is no reportable action. 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 Jennifer Quan, League's Regional Public Affairs Manager, League of California Cities presented the 2025 Helen Putnam Award of Excellence Winner - Baldwin Park’s Homelessness Reduction Initiative Council Member Estrada and the City Council proclaimed November 16-22, 2025 as Transgender, Gender- Expansive, and Intersex Health Week, proclamation presented to Camila Camaleon. 11-19-2025 City Council Regular_FA_HA_BPCRF Meeting Minutes Page 2 of 6 PUBLIC COMMUNICATIONS Mayor Avila opened Public Communications at approximately 8:02 p.m., the following spoke: 1) Irma Morales 2) Elena Robles 4) Abel 5) John Rios Seeing no one else wishing to speak, public communications was closed. CONSENT CALENDAR 1. City of Baldwin Park’s Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA 2. Treasurer's Report CC - September 2025 Motion to receive and file the Treasurer’s Report for September 2025. MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA 3. Meeting Minutes of October 30, 2025 and November 5, 2025 Motion to approve the following meeting minutes of the Special City Council Meeting held on October 30, 2025 and the Special City Council Meeting and Regular City Council Meeting held on November 5, 2025. MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA 4. APX Radio System Lease Financing Structure and Change Order #01 Credit Application Motion to: 1. Receive and file this clarification of the APX Radio System lease financing structure; and 2. Authorize staff to proceed with project implementation as outlined in the executed contracts; and 3. Authorize the Director of Finance to make the necessary appropriation and budget adjustments. MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA 5. American Rescue Plan Act (ARPA) Funds Reclassification and Re-obligation Motion to: 1. Approve the reallocation and re-obligate of ARPA funds to cover FY 2024-25 expenditures for Zocalo Park ($840,500 from Measure W, $168,810 from Future Development Fund, $91,379 from Community Enhancement Fund). 2. Approve the reallocation and re-obligate of ARPA funds to cover $23,535 for the FY 2024- 25 Crossing Guard program and $225,000 for projected costs of the program through the remainder of the ARPA funding period. 3. Approve the commitment of the following funds to the Council Chamber Improvement project: General Fund $248,535, Future Development Fund $468,810, and Community Enhancement Fund $591,379. 4. Approve the Addendum to the Inter-Agency Agreement for Police Department. 5. Approve the Addendum to the Inter-Agency Agreement for Public Works Department. 11-19-2025 City Council Regular_FA_HA_BPCRF Meeting Minutes Page 3 of 6 6. Authorize the Director of Finance to make the appropriation and necessary budget adjustments. MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA 6. Purchase and Approval for Bosch Crash Data Retrieval (CDR) Hardware with Police Grants Fund under the PD Traffic Safety account. Motion to: 1. Approve the purchase of Bosch CDR hardware and cables from Crash Data Group, Inc. in the amount of $50,896.57; and 2. Authorize the Chief of Police to execute the purchase agreement with Crash Data Group, Inc.; and 3. Authorize the Director of Finance to appropriate $50,896.57 from the Police Grants Fund (Fund #271), PD Traffic Safety account for this purchase and make the necessary budget adjustment. MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA 7. Contract Amendment - Jail Facility Staffing Services Motion to: 1. Approve contract amendment with Starside Security and Investigations, LLC to increase base contract from $416,252 to $482,808 annually, effective December 1, 2025; 2. Establish $10,000 annual overtime reserve for approved special operations; 3. Authorize 3.5% annual escalator on base contract amount for Year 3 (December 2026- November 2027); 4. Authorize the Finance Director to do a budget transfer of $76,556 from Account #100-30- 340-50120-00000 (Patrol Overtime) to Jail Services contract account for FY25-26 and make necessary budget adjustments; and 5. Authorize the Chief Executive Officer to execute all necessary contract amendment documents. MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA 8. Accept Grant Award from Foothill Transit's Bus Stop Enhancement Program Motion to: 1. Accept Foothills Transit’s Bus Stop Enhancement Program’s (BSEP) Grant in the amount $40,000; and 2. Authorize the Mayor to execute the Agreement with Foothill Transit; and 3. Authorize the Director of Public Works to finalize all documents associated with the grant; and 4. Authorize the Director of Finance to appropriate grant funds, create a CIP Project, and make necessary budget adjustments. MOTION: It was moved by Emmanuel Estrada, seconded by Alejandra Avila to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA 11-19-2025 City Council Regular_FA_HA_BPCRF Meeting Minutes Page 4 of 6 9. Financial Adjustments for Successor Agency and General Fund Motion to authorize the reversal of the advance from General Fund to Successor Agency in the amount of $24,329,952. MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA 10. Request to Approve Traffic Signal Maintenance Agreement with YUNEX, LLC through “Piggy-Back” Motion to: 1. Approve and award a maintenance contract to Yunex, LLC through piggybacking from City of Glendale’s recent contract in an annual amount not-to-exceed $200,000; and, 2. Approve an additional $64,581.59 for a one-time non-routine repair work and system upgrade to traffic signal system; and, 3. Authorize the Mayor and City Clerk to execute the contract with Yunex, LLC for traffic signal and street lighting systems maintenance; and, 4. Authorize the Director of Finance to make the necessary appropriations and budget adjustments for Gas Tax and SB1 funds. Item # 10 was pulled for further discussion MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA 11. Selection and Approval of Hometown Heroes Military Banner Recognition Program Design Motion to: 1. Select Banner C of Hometown Heroes Military Banner Recognition Program design to recognize active-duty military service members; and 2. Authorize the Finance Director to appropriate funds and make necessary budget adjustments. Item #11 was pulled for the selection of banners. MOTION: It was moved by Jean M Ayala, seconded by Alejandra Avila to adopt Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA PUBLIC HEARING 12. Conduct a Public Hearing and adopt Amendment No. One (Substantial) to the Fiscal Year 25-26 Annual Action Plan Mayor Avila opened the Public Hearing at approximately 8:45 p.m. the following spoke: Seeing no one wishing to speak, public comment was closed. Motion to adopt Amendment No. One (Substantial) to the 25-26 Annual Action Plan and Authorize the Director of Finance to make the appropriation and necessary budget adjustments. MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA 11-19-2025 City Council Regular_FA_HA_BPCRF Meeting Minutes Page 5 of 6 REPORTS OF OFFICERS 13. Select and Approve Downtown Light Pole Banners Design Motion to : 1. Select Branding Banner and return with new options for the 70th Anniversary banner 2. Authorize the Director of Finance to make necessary budget transfers and adjustments. MOTION: It was moved by Daniel Damian, seconded by Jean M. Ayala Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION 14. Successor Agency to The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA 15. Treasurer's Report SA - September 2025 Motion to receive and file the Treasurer’s Report for September 2025. MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA FINANCE AUTHORITY 16. Treasurer's Report FA - September 2025 Motion to receive and file the Treasurer’s Report for September 2025. MOTION: It was moved by Manuel Lozano, seconded by Jean M. Ayala to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, DAMIAN, AVILA HOUSING AUTHORITY 17. Baldwin Park Housing Authority’s Warrants and Demands Motion to ratify the attached Warrants and Demands Register. MOTION: It was moved by Emmanuel Estrada, seconded by Manuel Lozano to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, AVILA Mayor Pro Tem Damian recused himself. 18. Treasurer's Report HA - September 2025 Motion to receive and file the Treasurer’s Report for September 2025. MOTION: It was moved by Emmanuel Estrada, seconded by Manuel Lozano to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, AVILA Mayor Pro Tem Damian recused himself. 11-19-2025 City Council Regular_FA_HA_BPCRF Meeting Minutes Page 6 of 6 BALDWIN PARK CHARITABLE RELIEF FOUNDATION 19. Adoption of Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas campaign entitled, "Resolution of the Board of Directors Program Year 2025" Motion to: 1. Adopt Resolution with the Board of Directors for Navidad en el Barrio, Inc., Christmas Campaign entitled, “RESOLUTION OF THE BOARD OF DIRECTORS PROGRAM YEAR 2025” and; 2. Authorize the Chair to execute the Resolution; and 3. Authorize the Director of Finance to make the necessary appropriation and budget adjustments. MOTION: It was moved by Manuel Lozano, seconded by Daniel Damian to adopt. Motion Passed [5 –0 ]. AYES: AYALA, ESTRADA, LOZANO, AVILA CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATION Mayor Pro Tem Damian sought consensus of the City Council to direct staff to return with a staff report on December 17 listing the status of Habitat for Humanity projects. Councilmember Estrada sought consensus of the City Council to direct staff to research funding from La Casa. Mayor Avila sought consensus of the City Council to direct staff to contact Caltrans to have the freeway exits cleaned and beautified. ADJOURNMENT The Mayor adjourned the meeting at approximately 9:05 p.m. APPROVED: December 3, 2025 Alejandra Avila, Mayor ATTEST: Christopher Saenz, City Clerk Page 1 / 2 ITEM NO: 3. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr, Chief Executive Officer Okina Dor, Director of Community Development PREPARED BY: Long T Tang, PE Building Official DATE: December 3, 2025 SUBJECT: Second Reading and Adoption of Ordinance No. 1519 Adopting the 2025 California Building Code, 2025 California Residential Code, 2025 California Existing Building Code, 2025 California Mechanical Code, 2025 California Plumbing Code, 2025 California Electrical Code, 2025 California Green Building Standards Code, 2025 California Energy Code, 2025 California Wildland-Urban Interface Code, 2025 California Historical Code, 2025 California Reference Standards Code, 2025 California Fire Code, and 2026 Los Angeles County Fire Code SUMMARY: The purpose of this report is to conduct the second reading and adopt Ordinance No. 1519. RECOMMENDED ACTION: It is recommended that the City Council: 1. Find the enforcement of the most current editions of the California Building Standards Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of Baldwin Park. 2. Find the adoption of the State Building Codes in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State CEQA Guidelines. 3. Find, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a City may make such modifications in the requirements of the regulations, adopted pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of local climatic, geological or topographic conditions. 4. Waive further reading and adopt Ordinance No. 1519 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2025 CALIFORNIA BUILDING CODE, 2025 CALIFORNIA RESIDENTIAL CODE, 2025 CALIFORNIA EXISTING BUILDING CODE , 2025 CALIFORNIA MECHANICAL CODE, 2025 CALIFORNIA PLUMBING CODE, 2025 CALIFORNIA ELECTRICAL CODE, 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 CALIFORNIA ENERGY CODE, 2025 California Wildland-Urban Interface CODE, 2025 CALIFORNIA HISTORICAL CODE, 2025 CALIFORNIA REFERENCE STANDARDS CODE, 2025 California Fire Code and 2026 Los Angeles County Fire Code, INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938.” Page 2 / 2 FISCAL IMPACT: There will be no impact on the General Fund as a result of the adoption of this Ordinance. BACKGROUND: On November 5, 2025, the City Council of the City of Baldwin Park held a Public Hearing to approve the introduction of Ordinance 1519. City Staff requested that the City Council proceed with the first reading and introduce the adoption of the proposed ordinance. The ordinance will be amending the Baldwin Park Municipal Code, Chapter 150 of Title XV to adopt 2025 California Building Standards Codes. DISCUSSION: None ALTERNATIVES: The City may decide not to adopt the 2025 California Codes; in which case, State law will mandate their use without local amendments after January 1, 2026. In addition, the City’s fire-rated roofing, pool fencing, local grading requirements, and several other provisions of the Baldwin Park Municipal Code may not be enforced. CEQA REVIEW: These actions are exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) LEGAL REVIEW: The previous report was reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS: 1. ORDINANCE 1519-2025 Code Adoption 2. 11-5-2025 Staff Report Ordinance No 1519 - Amending Chp 150 ORDINANCE NO. 1519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2025 CALIFORNIA BUILDING CODE, 2025 CALIFORNIA RESIDENTIAL CODE, 2025 CALIFORNIA EXISTING BUILDING CODE, 2025 CALIFORNIA MECHANICAL CODE, 2025 CALIFORNIA PLUMBING CODE, 2025 CALIFORNIA ELECTRICAL CODE, 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 CALIFORNIA ENERGY CODE, 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE, 2025 CALIFORNIA HISTORICAL CODE, 2025 CALIFORNIA REFERENCE STANDARDS CODE, 2025 CALIFORNIA FIRE CODE AND 2026 LOS ANGELES COUNTY FIRE CODE, INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938. WHEREAS, the City Council has determined enforcement of the most current editions of the California Building Standards Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of Baldwin Park; and, WHEREAS, the adoption of the State Building Codes in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State CEQA Guidelines; and WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a City may make such modifications in the requirements of the regulations, adopted pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of lo cal climatic, geological or topographic conditions. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby amends in their entirety Parts 1 through 19 of Chapter 150 of Title 15 of the Baldwin Park Municipal Code, to read as set forth in Exhibit A hereto, which is incorporated herein by this reference. SECTION 2. The City Council hereby finds and determines that all the amendments, deletions, and additions to the forgoing California Building Standards Code and other codes are necessary due to the following: Climatic - The City of Baldwin Park experiences periods of high temperatures accompanied by low humidity and high winds each year. The City also experiences periods of intense rainfall, which creates the need for special drainage precautions. Ordinance No. 1519 Page 2 of 3 Local Geological Conditions – The City of Baldwin Park is located in the greater Los Angeles/Long Beach region which is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes. These amendments are required to safeguards human lives and ensure the structural integrity buildings and structures in event of a major seismic event. Local Geological, Climatic, Topographic Conditions – The City of Baldwin Park is also located adjacent to mountainous areas subject to high winds and fires. These amendments are required to address and clarify special needs to reduce fire hazard at the time of any disaster, natural or manmade, and the reduce hazards resulting from landslides and excessive erosion. SECTION 3. The City of Baldwin Park further finds that such amendments, deletions, and additions are necessary to best serve the public health and welfare. The City Council further determines that the administrative provisions set forth in the State Building Codes are not mandated by law, and that appropriate administrative provisions should be tailored to the needs of the City. SECTION 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. SECTION 5. The City Clerk shall cause this ordinance to be published and/or posted in accordance with state law and shall certify to the adoption of this ordinance and shall place this ordinance in the original book of ordinances on file in the City Clerk’s Office. PASSED AND APPROVED on the December 3, 2025 ______________________________ ALEJANDRA AVILA MAYOR ATTEST: __________________________ CHRISTOPHER SAENZ, CITY CLERK Ordinance No. 1519 Page 3 of 3 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 No. 1519 was introduced at a regular meeting of the City Council held on November 05, 2025, and was adopted by the City Council at its regular meeting held on December 3, 2025, 2025, by the following vote of the Council: AYES: NOES: ABSENT: ABSTAIN: ________________________________ CHRISTOPHER SAENZ CITY CLERK Page 1 / 3 ITEM NO: 8. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr, Chief Executive Officer Okina Dor, Director of Community Development PREPARED BY: Long T Tang, PE Building Official DATE: November 5, 2025 SUBJECT: Introduce for First Reading Ordinance No. 1519 Adopting the 2025 California Building Code, 2025 California Residential Code, 2025 California Existing Building Code, 2025 California Mechanical Code, 2025 California Plumbing Code, 2025 California Electrical Code, 2025 California Green Building Standards Code, 2025 California Energy Code, 2025 California Wildland-Urban Interface Code, 2025 California Historical Code, 2025 California Reference Standards Code, 2025 California Fire Code, and 2026 Los Angeles County Fire Code SUMMARY: The Community Development Department requests the City Council introduce Ordinance No. 1519 amending Chapter 150 of Title XV of the Baldwin Park Municipal Code adopting the 2025 Edition of the California Building Code, California Residential Code, California Existing Building Code California Mechanical Code, California Plumbing Code, California Electrical Code, California Green Building Standards Code, California Energy Code, California Wildland-Urban Interface Code, California Historical Code, California Reference Standards Code, California Fire Code, and 2026 Los Angeles County Fire Code; hereby collectively referred to as the 2025 California Codes. The changes to the municipal code mainly occur between sections 150.140 and 150.220. The revisions entail updating the titles of the referenced codes and relabeling the referenced code sections to coincide with the California Code sections. Section 150.085(A) was amended to coincide with Section 150.084(A)(1) which was revised in the 2020 code adoption cycle to reflect the Health and Safety Code Section 18938.6, extending the expiration date for building permits from 180 days to 12 months from the date of issuance. Section 150.141 LOCAL AMENDMENTS was amended to update Section 1505.2 to require Class A fire rating of roofing material in all areas of the City designated as above a “Moderate” fire severity zone as defined by the STATE FIRE MARSHAL LOCAL RESPONSIBILITY AREA FIRE HAZARD SEVERITY ZONES MAP in accordance with Section 150.144. Section150.190 ADOPTION was amended to adopt the 2025 California Wildland-Urban Interface, Part 7 of Title 24 of the California Code of Regulations. This section previously adopted the Technical Provisions of California Elevator Safety Construction Code. The Technical Provisions of California Elevator Safety Construction Code is no longer adopted by the State as part of Title 24 of the California Code of Regulations. Page 2 / 3 RECOMMENDED ACTION: It is recommended that the City Council: 1. Conduct a Public Hearing, and 2. Introduce for first reading by title only, Ordinance No. 1519 entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2025 CALIFORNIA BUILDING CODE, 2025 CALIFORNIA RESIDENTIAL CODE, 2025 CALIFORNIA EXISTING BUILDING CODE , 2025 CALIFORNIA MECHANICAL CODE, 2025 CALIFORNIA PLUMBING CODE, 2025 CALIFORNIA ELECTRICAL CODE, 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 CALIFORNIA ENERGY CODE, 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE, 2025 CALIFORNIA HISTORICAL CODE, 2025 CALIFORNIA REFERENCE STANDARDS CODE, 2025 CALIFORNIA FIRE CODE AND 2026 LOS ANGELES COUNTY FIRE CODE, INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938.” FISCAL IMPACT: There is no impact on the General Fund as a result of the adoption of this Ordinance. BACKGROUND: In order to ensure that building construction standards remain up-to-date and relevant, the State of California amends and adopts the model codes from the International Code Council (ICC) every three years. The 2025 California Codes represent modifications, additions, and deletions to the model code to reflect existing State laws and statutes. The 2025 California Codes, as adopted by the State of California, has the effective date of January 1, 2026. Current State laws provide that the City of Baldwin Park must adopt the aforementioned codes by reference except that the City may amend the California Codes. Such amendments must be justified as being reasonable and necessary due to local climatic, geologic, and topographic conditions, or for administrative reasons. If the City does not adopt the State codes by January 1, 2026, the 2025 California Codes become effective without any local amendments. The California Codes state that in the event of any differences between State codes and other referenced documents, the text of the California Codes will govern. DISCUSSION: None ALTERNATIVES: The City may decide not to adopt the 2025 California Codes; in which case, State law will mandate their use without local amendments after January 1, 2026. In addition, the City’s fire-rated roofing, pool fencing, local grading requirements, and several other provisions of the Baldwin Park Municipal Code may not be enforced. CEQA REVIEW: These actions are exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) Page 3 / 3 LEGAL REVIEW: This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS: 1. ORDINANCE 1519-2025 Code Adoption 2. EXHIBIT A to Ordinance No. 1519-2025 Code Adoption ORDINANCE NO. 1519 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 150 OF TITLE XV AND ADDING NEW SECTIONS TO CHAPTER 150 TO TITLE XV OF THE BALDWIN PARK MUNICIPAL CODE, ADOPTING BY REFERENCE, TITLE 24 OF THE CALIFORNIA CODE OF REGULATIONS, SPECIFICALLY ADOPTING THE 2025 CALIFORNIA BUILDING CODE, 2025 CALIFORNIA RESIDENTIAL CODE, 2025 CALIFORNIA EXISTING BUILDING CODE, 2025 CALIFORNIA MECHANICAL CODE, 2025 CALIFORNIA PLUMBING CODE, 2025 CALIFORNIA ELECTRICAL CODE, 2025 CALIFORNIA GREEN BUILDING STANDARDS CODE, 2025 CALIFORNIA ENERGY CODE, 2025 CALIFORNIA WILDLAND-URBAN INTERFACE CODE, 2025 CALIFORNIA HISTORICAL CODE, 2025 CALIFORNIA REFERENCE STANDARDS CODE, 2025 CALIFORNIA FIRE CODE AND 2026 LOS ANGELES COUNTY FIRE CODE, INCLUDING ALL APPENDICES, AS MANDATED BY CALIFORNIA HEALTH AND SAFETY CODE SECTION 18938. WHEREAS, the City Council has determined enforcement of the most current editions of the California Building Standards Code with local amendments thereof, as recited herein as certain minimum standards are necessary for the protection of the public health, safety and welfare of citizens of Baldwin Park; and, WHEREAS, the adoption of the State Building Codes in their most current editions is exempt from the California Environmental Quality Act (CEQA) pursuant to Section 15308 of the State CEQA Guidelines; and WHEREAS, pursuant to Health and Safety Code Sections 17958.5 and 17958.7 a City may make such modifications in the requirements of the regulations, adopted pursuant to Health and Safety Code Section 17922, as it determines to be reasonably necessary because of lo cal climatic, geological or topographic conditions. NOW, THEREFORE THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The City Council hereby amends in their entirety Parts 1 through 19 of Chapter 150 of Title 15 of the Baldwin Park Municipal Code, to read as set forth in Exhibit A hereto, which is incorporated herein by this reference. SECTION 2. The City Council hereby finds and determines that all the amendments, deletions, and additions to the forgoing California Building Standards Code and other codes are necessary due to the following: Climatic - The City of Baldwin Park experiences periods of high temperatures accompanied by low humidity and high winds each year. The City also experiences periods of intense rainfall, which creates the need for special drainage precautions. Ordinance No. 1519 Page 2 of 3 Local Geological Conditions – The City of Baldwin Park is located in the greater Los Angeles/Long Beach region which is a densely populated area having buildings constructed over and near a vast array of fault systems capable of producing major earthquakes. These amendments are required to safeguards human lives and ensure the structural integrity buildings and structures in event of a major seismic event. Local Geological, Climatic, Topographic Conditions – The City of Baldwin Park is also located adjacent to mountainous areas subject to high winds and fires. These amendments are required to address and clarify special needs to reduce fire hazard at the time of any disaster, natural or manmade, and the reduce hazards resulting from landslides and excessive erosion. SECTION 3. The City of Baldwin Park further finds that such amendments, deletions, and additions are necessary to best serve the public health and welfare. The City Council further determines that the administrative provisions set forth in the State Building Codes are not mandated by law, and that appropriate administrative provisions should be tailored to the needs of the City. SECTION 4. This ordinance shall go into effect and be in full force and effect at 12:01 a.m. on the thirty-first (31st) day after its passage. SECTION 5. The City Clerk shall cause this ordinance to be published and/or posted in accordance with state law and shall certify to the adoption of this ordinance and shall place this ordinance in the original book of ordinances on file in the City Clerk’s Office. PASSED AND APPROVED on the ____________. ______________________________ ALEJANDRA AVILA MAYOR ATTEST: __________________________ CHRISTOPHER SAENZ, CITY CLERK Ordinance No. 1519 Page 3 of 3 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 No. 1519 was introduced at a regular meeting of the City Council held on November 05, 2025, and was adopted by the City Council at its regular meeting held on ______________, 2025, by the following vote of the Council: AYES: NOES: ABSENT: ABSTAIN: ________________________________ CHRISTOPHER SAENZ CITY CLERK Exhibit A to Ordinance No. 1519 Page 1 of 54 EXHIBIT A GENERAL PROVISIONS Part 1. ADMINISTRATIVE PROVISIONS § 150.001 TITLE. This chapter shall be known as the Baldwin Park Building Code, may be cited as such and hereinafter referred to herein as “this code.” § 150.002 PURPOSE. The purpose of this code is to establish minimum standards to safeguard the public health, safety and general welfare by regulating and controlling the design, construction, quality of materials, use and occupancy and location of all buildings and structures within the city and certain equipment specifically regulated herein. § 150.003 SCOPE. The provisions of this code shall serve as the administrative, organizational and enforcement rules and regulations for the technical codes which regulate site preparation and construction, alteration, moving, demolition, repair, use and occupancy of buildings, structures and building service equipment within the city. § 150.004 AUTHORITY. This code is adopted pursuant to the authority granted by Section 7 of Article XI of the California State Constitution to a county or city to make and enforce within its limits all such local, police, sanitary and other ordinances and regulations as are not in conflict with general laws. It is further adopted in conformity with the provisions of §§ 50022.1 thru 50022.10, inclusive, of the Cal. Gov’t Code relating to adoption of codes by reference. § 150.005 APPLICABILITY AND COMPLIANCE WITH CODE PROVISIONS REQUIRED. (A) The provision of this code shall apply to the construction, alteration, moving, demolition, repair, maintenance and use of buildings and structures located within the incorporated areas of the City of Baldwin Park. (B) It shall be unlawful for any person to erect, construct, enlarge, alter, repair, move, improve, remove, convert, demolish, equip, use, occupy or maintain any building or structure in the city, or cause or permit or suffer the same to be done, in violation of this chapter or in violation of any of the provisions of the codes adopted hereunder. (C) Exception. Public projects located in the public way and not subject to the city land use regulations; public utility towers and poles; mechanical equipment not specifically regulated Exhibit A to Ordinance No. 1519 Page 2 of 54 by this code; floor control structures; buildings and structures owned and constructed by a Federal, state or other agency which authority pre-empts that of city government. § 150.006 ADMINISTRATION. The provisions of this chapter contain cross-references to the provisions of the 2025 CBC-Amended Administrative, promulgated by the International Code Council in order to facilitate reference and comparison to those provisions. § 150.007 CREATION OF DIVISION OF BUILDING AND SAFETY. There is hereby contained with the city government structure the Division of Building and Safety which shall be under the administrative jurisdiction of the Building Official as designated by the appointing authority. § 150.008 DEPUTIES. In accordance with prescribed procedures and with the approval of the appointing authority, the Building Official may appoint deputies and other related technical officers and inspectors and other employees as may be authorized by the City Council from time to time. § 150.009 POWERS AND DUTIES OF THE BUILDING OFFICIAL. (A) General. The Building Official is hereby authorized and directed to enforce all of the provisions of this Code and the Technical Codes, excepting that the provisions of Chapter 9 of Building Code shall be enforced jointly with the Fire Marshal of the Los Angeles County Fire Protection District. For such purposes, the Building Official and the Fire Marshal, respectively, and their respective authorized representatives, shall each have the powers of a law enforcement officer. The Building Official shall have the power to render interpretations of this code and to adopt and enforce rules supplemental to this code as may be deemed necessary in order to clarify the applications and the provisions of this code. Such interpretations, rules and regulations shall be in conformity with the intent and purpose of this code. (B) Interpretations and policies. The Building Official shall have the power and authority to render interpretations of this chapter and the Technical Codes and to adopt and enforce rules, policies, procedures and supplemental regulations in order to clarify the application of its provisions. Such interpretations, policies, procedures, rules and regulations shall be in conformance with the intent and purpose of this chapter. (C) Right-of-entry. (1) The Building Official may enter the building or premises at all reasonable times to inspect or to perform the duties imposed by this chapter: (a) When necessary to make an inspection to enforce any of the provisions of this chapter and the technical codes; or Exhibit A to Ordinance No. 1519 Page 3 of 54 (b) When the Building Official has reasonable cause to believe that there exists in any building or upon a premises a condition which is contrary to or in violation of this chapter which makes the building or premises unsafe, dangerous or hazardous. (2) The Building Official shall adhere to the following procedures in making an entry: (a) If such building or premises be occupied, the Building Official shall present credentials to the occupant and request entry. (b) If such building or premises be unoccupied, the Building Official shall first make a reasonable effort to locate the owner or other persons having charge or control of the building or premises and request entry. (c) Should entry be refused, the Building Official shall have recourse to the remedies provided by law to secure entry. Notwithstanding the foregoing, if the Building Official has reasonable cause to believe that there exists an unsafe, substandard or dangerous condition within the building or premises as to require immediate inspection to safeguard the public health or safety, the Building Official shall have the right to immediately enter and inspect such property and may use any reasonable means required to secure such entry and make such inspection. (D) Stop work orders. When work is being done contrary to the provisions of this chapter, the technical codes, or other pertinent laws or ordinances implemented through the enforcement of this chapter, the Building Official may order the work stopped by notice in writing served on persons engaged in the doing or causing such work to be done, and such persons shall forthwith stop the work until authorized by the Building Official to proceed with the work. (E) Occupancy violations. When a building or structure or building service equipment therein regulated by this chapter and the technical codes is being used contrary to the provisions of such codes, the Building Official may order such use discontinued by written notice served on any person causing such use to be continued. Such person shall discontinue the use within the time prescribed by the Building Official after receipt of such notice to make the structure, or portion thereof, comply with the requirements of such codes. (F) Authority to disconnect utilities. The Building Official or the Building Official's authorized representative shall have the authority to disconnect a utility service or energy supplied to the building, structure or building service equipment therein regulated by this chapter or the technical codes in case of emergency where necessary to eliminate an immediate hazard to life or property. The Building Official shall whenever possible notify the serving utility, the owner and occupant of the building, structure or building service equipment of the decision to disconnect prior to taking such action, and shall notify such serving utility, owner and occupant of the building, structure or building service equipment, in writing, of such disconnection immediately thereafter. (G) Authority to condemn building service equipment. Exhibit A to Ordinance No. 1519 Page 4 of 54 (1) When the Building Official ascertains that building service equipment regulated in the technical codes has become hazardous to life, health or property, or has become unsanitary, the Building Official shall order, in writing, that such equipment either be removed or restored to a safe or sanitary condition, as appropriate. (2) The written notice itself shall fix a time limit for compliance with such order. Defective building service equipment shall not be maintained after receiving such notice. (3) When such equipment or installation is to be disconnected, a written notice of such disconnection and causes therefore shall be given within 24 hours to the serving utility, the owner and occupant of such building, structure or premises. (4) When any building service equipment is maintained in violation of the technical codes and in violation of a notice issued pursuant to the provisions of this chapter, the Building Official shall institute appropriate action to prevent, restrain, correct or abate the violation. (H) Connection after order to disconnect. No person shall make or suffer the connection from an energy, fuel or power supply nor supply energy or fuel to building service equipment which has been disconnected or ordered to be disconnected by the Building Official or the use of which has been ordered to be discontinued by the Building Official until the Building Official authorizes the reconnection and use of such equipment. (I) Custodian of records. The Building Official shall be the custodian of records for the Division of Building and Safety and as such, is charged with the responsibility to keep and maintain a permanent record of all building permits issued by the division as well as plans and other pertinent documents and transactions. Such records and documents may be maintained in electronic image, electronic file, paper, or other approved archival method. (J) Liability. It is the intent of this code to establish minimum standards for the protection of the health, safety and welfare of the public. This code shall not be construed to establish standards of performance, strength or durability other than those specified. This code, nor any of the services rendered in connection with its terms by city officers, inspectors, agents or employees is intended, nor shall be construed as the basis, for any expressed or implied warranties or guarantees to any person relative to, or concerning any structure or part, portion of appurtenances thereto or thereof constructed, erected, altered, enlarged, repaired, moved, replaced or removed pursuant to this code or any permits granted hereunder. No cause of action shall arise in favor of any person against the city, or any of its officers, inspectors, agents, or employees because any structure or portion thereof, erected, altered, enlarged, repaired, moved, replaced, or removed or any appurtenance, system, wiring, plumbing, mechanical equipment, devices, or appliances installed, maintained, repaired or replaced hereunder do not meet the standards prescribed herein. The Building Official, deputies, inspectors, technical officers and employees, charged with the enforcement of this code and the technical codes, acting in good faith and without malice in the discharge of their duties shall thereby, not be rendered personally liable for damage that may accrue to persons or property as a result of an act or omission in the discharge of the assigned duties. A suit brought against the Building Official, deputy, technical officer, inspector or employee because of such an act or omission Exhibit A to Ordinance No. 1519 Page 5 of 54 performed by the Building Official, deputy, technical officer, inspector or employee in the enforcement of the provisions of such codes or other pertinent laws or ordinances implemented through the enforcement of this code or enforced by the code enforcement agency shall be defended by this jurisdiction until final termination of such proceedings, and any judgment resulting therefrom, shall be assumed by the jurisdiction. (K) Conflicting provisions. (1) When conflicting provisions or requirements occur between this chapter, the technical codes and other codes or laws, the most restrictive shall govern. (2) When conflicts occur between the technical codes, those provisions providing the greater safety to life shall govern. Where sanitation, life safety, or fire safety are not involved, the most restrictive provisions shall govern. (3) Where in a specific case different Sections of the technical codes specify different materials, methods of construction or other requirements, the most restrictive shall govern. When there is a conflict between a general requirement and a specific requirement, the specific requirement shall be applicable. (L) Alternate materials - design and methods of construction. (1) The provisions of the technical codes are not intended to prevent the use of any material, method of design or method of construction not specifically prescribed by the technical codes, provided an alternate has been approved and its use authorized by the Building Official. (2) The Building Official may approve an alternate, provided the Building Official finds that the proposed design is satisfactory and complies with the provisions of the technical codes and that the material, method or work offered is, for the purpose intended, at least the equivalent of that prescribed in the technical codes in suitability, strength, effectiveness, fire resistance, durability, safety and sanitation. (3) The Building Official shall require that sufficient evidence or proof be submitted to substantiate claims that may be made regarding its use. (4) The details of an action granting approval of an alternate shall be recorded and entered in the records. (5) The Building Official may require the applicant to arrange for the proposed alternate materials, methods of design and methods of construction be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense. (M) Modifications. (1) Whenever there are practical difficulties involved in carrying out the provisions of the technical codes, the Building Official may grant modifications for individual cases. Exhibit A to Ordinance No. 1519 Page 6 of 54 (2) The Building Official shall first find that: (a) A special individual reason makes the strict letter of the technical code impractical; (b) The modification is in conformity with the intent and purpose of the technical code, and (c) Such modification does not lessen health, life safety and fire safety requirements or any degree of structural integrity. (3) The details of actions granting modifications shall be recorded and entered in the records. (4) The Building Official may require the applicant to arrange for the proposed modification to be reviewed by an outside agency designated by the Building Official at the applicant's expense. (N) Tests and research reports. (1) Whenever there is insufficient evidence for determining compliance with the provisions of the technical codes or evidence that materials or construction do not conform to the requirements of the technical codes, the Building Official may require tests as evidence of compliance to be made at the applicant's expense. (2) Test methods shall be as specified by the technical codes or by other recognized test standards. In the absence of recognized and accepted test methods, the Building Official shall determine test procedures. (3) Tests shall be made by an approved agency. (4) Reports of such tests shall be entered in the records. (5) The Building Official may require the applicant to arrange for the test procedures, methodology, results, reports, etc. to be reviewed and evaluated by an outside agency designated by the Building Official at the applicant's expense. § 150.010 APPLICABILITY. The provisions of this code shall not be construed to conflict with the provisions of the state housing law, nor any other provisions of state or Federal laws. Any requirements of this code or the codes adopted hereby, which are more restrictive shall apply. § 150.011 BOARD OF APPEALS. (A) Board established. In order to hear and decide appeals of orders, decisions or determinations made by the Building Official relative to the application and interpretation of this Exhibit A to Ordinance No. 1519 Page 7 of 54 code, there shall be and is hereby created a Board of Appeals consisting of members who are qualified by experience and training and who are not employees of the jurisdiction, to pass upon matters pertaining to the application or installation of building, electrical, plumbing and mechanical systems, components and equipment. The Building Official or his designee shall be an ex officio member and shall act as Secretary to said Board but shall have no vote upon any matter before the Board. The Board of Appeals shall be appointed by the City Council and shall hold office at its pleasure. The Board shall adopt rules of procedure for conducting its business and shall render all decisions and findings in writing to the appellant with a duplicate copy to the Building Official. The Board of Appeals shall have no authority relative to interpretations of the administrative provisions of this code. The Board shall have no authority to waive requirements of this code. (B) Appeal. (1) An applicant for or holder of a permit whose proposed solution for meeting the requirements of Title 24 of the California Code of Regulations is not approved or authorized by the Building Official may file an appeal with the Board of Appeals. (2) An application for appeal shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted, the provisions of this code do not fully apply, or and equally good or better form of construction is proposed. § 150.012 PARTIAL INVALIDITY. If any Section, subSection, sentence, clause or phrase of this code or the application thereof to any person or circumstance is for any reason held to be unconstitutional or invalid, such decision shall not effect the validity of the remaining portions of this code or the application of such provision to other persons or circumstances. (Ord. 1361, passed 12-18-13; Am. Ord. 1396, passed 2-1-17) Part 2. DEFINITIONS § 150.020 DEFINITIONS. The definitions set forth in this Section shall govern the application and interpretation of this chapter. ALTER or ALTERATION. ALTER or ALTERATION means a change or modification in construction or building service equipment. ADMINISTRATIVE AUTHORITY. The Building Official or a regularly authorized deputy. APPROVED. Approved, as to materials, types of construction, equipment and systems, refers to approval by the Building Official as the result of investigation and tests conducted by the Exhibit A to Ordinance No. 1519 Page 8 of 54 Building Official, or by reason of accepted principles or tests by recognized authorities, technical or scientific organizations. APPROVED AGENCY. An established and recognized agency regularly engaged in conducting tests or furnishing inspection services, when the agency has been approved by the Building Official. BUILDING CODE. The Baldwin Park Building Code. BUILDING SERVICE EQUIPMENT. Refers to the plumbing, mechanical, electrical and elevator equipment including piping, wiring, fixtures and other accessories which provide sanitation, lighting, heating, ventilation, cooling, refrigeration, fire-fighting and transportation facilities essential to the occupancy of the building or structure for its designated use. CBC. The California Building Code as adopted by the State of California. CODE or THIS CODE. Chapter 150 of the Baldwin Park Municipal Code, unless otherwise noted. CONDOMINIUMS. Any building or portion thereof that contains three or more dwelling units that does not meet the definition of townhouse as set forth below; for purposes of this code, condominiums shall be classified as R-2 occupancy. ELECTRICAL CODE. The Baldwin Park Electrical Code. EXISTING BUILDING. A building legally erected prior to effective date of this chapter. FIRE CODE. The Los Angeles County Fire Code (LACFC) which adopts the California Fire Code, including the Appendix thereto, together with those omissions, amendments, exceptions and additions there to as amended in the California Code of regulations, and Title 24 of the California Code of Regulations. JURISDICTION. The City of Baldwin Park. LISTED and LISTING. LISTED and LISTING are terms referring to equipment and materials which are shown in a list published by an approved testing agency, qualified and equipped for experimental testing and maintaining an adequate periodic inspection of current productions and which listing states that the material or equipment complies with accepted national standards which are approved, or standards which have been evaluated for conformity with approved standards. MECHANICAL CODE. Baldwin Park Mechanical Code. OCCUPANCY. The purpose for which a building, or part thereof, is used or intended to be used. Exhibit A to Ordinance No. 1519 Page 9 of 54 PERMIT. An official document or certificate issued by the Building Official authorizing performance of a specified building, plumbing, mechanical, or electrical activity or any combination of such permits issued jointly by the Building Official. PLUMBING CODE. The Baldwin Park Plumbing Code. REPAIR. The reconstruction or renewal of any part of an existing building, structure or building service equipment for the purpose of its maintenance. SHALL. As used in this code is mandatory. STRUCTURE. That which is build or constructed, an edifice or building of any kind, or any piece of work artificially built up or composed of parts joined together in some definite manner. TECHNICAL CODES. Refer to those codes adopted by this chapter containing the provisions for design, construction, alteration, addition, repair, removal, demolition, use, location, occupancy and maintenance of buildings and structures and building service equipment. TOWNHOUSE. A single family dwelling in a row of at least three such units, not more that three stories above grade, in which each unit shall be located on a separate parcel, having its own access to the outside, no unit located over another unit, and each unit shall be separated by a property line from any other unit. For the purpose of this chapter, all town houses shall be classified as R-3 occupancy. Part 3. ORGANIZATION AND ENFORCEMENT § 150.030 ABATEMENT ORDERS. When any structure or site is being used or constructed in violation of this code, or any of the codes adopted by reference herein, the Building Official may order such use or construction discontinued and the structure or portions thereof vacated by a written notice served on any person or persons causing such use. Such person or persons shall discontinue such use within the specified time as indicated on the notice. After receipt of such notice, such person or persons shall abate the violations or cause the building or structure to be demolished or removed. § 150.031 ABATEMENT PROCEDURES. (A) The Building Official shall inspect or cause to be inspected a building, structure where reasonable suspicion exists that said building or structure may be substandard, unsafe or used in violation of this code, state health and safety code, state housing regulations, or any of the codes adopted by reference herein. If after inspecting the building or structure, the Building Official determines that said building or structure is unsafe, substandard or being used in violation of this code, state health and safety code, state housing law, or any of the codes adopted by reference herein, the Building Official shall give a written notice and order to the owner, tenant or user of the building or property pursuant to the provisions of the state health Exhibit A to Ordinance No. 1519 Page 10 of 54 and safety code, state housing law and this code. If the Building Official finds that certain electrical, plumbing, mechanical, excavation or structural systems pose an immediate hazard to life and property, the Building Official may order such systems disconnected, removed or abated immediately. (B) If a notice and order must be served upon the owner, tenant or user of the building or structure, the Building Official shall assess the owner, tenant or user of the building or structure all applicable fees required to cover expenses incurred by the city in the processing of the notice and order to abate. Such processing fees shall be calculated at the rate indicated in the schedule of service charges adopted by the City Council. (C) Buildings damaged by fire or by natural disasters where the extent of damage to the building exceeds 75% of the valuation of the building prior to the disaster, or when determined by the Building Official that a structure is unsafe for occupancy due to damage the building shall be considered a total loss and be demolished pursuant to this Section, and if necessary the safety of the damaged structure will be determined by an engineering study paid by the owner of the property. § 150.032 COST OF ABATEMENT OR COMPLIANCE. (A) Any person, whether as principal, agent, employee or otherwise, who maintains any premises in violation of the provisions of this code, any of the codes adopted by reference herein, or the state housing law shall be liable for, and obligated to pay to the city all costs incurred by the city in obtaining abatement or compliance which is attributable to, or associated with, the enforcement or abatement action, whether such action is administrative, injunctive or legal and for all damages suffered by the city its officers, agents, and employees as a result of such violation or efforts to abate the violation. (B) If the owner of the property involved in such abatement or compliance action fails to pay for the costs of such abatement or compliance action upon demand by the city, the City Council by resolution may order the cost of the abatement to be specially assessed to the property or parcel. Such assessment shall be collected at the same time and in the same manner as ordinary county taxes are collected and shall be subject to the same penalties and the same procedure be applied at the time of sale or in case of delinquency as are provided for ordinary county taxes. § 150.033 NOTICE OF NON-COMPLIANCE. Whenever the Building Official determines that work has been done without the required permits, or has not been completed in accordance with the requirements of this code, the state housing law or any code adopted herein, the Building Official may cause a notice of non- compliance to be recorded with the County Recorder and shall notify the owner of such property of such action. The notice of non-compliance shall describe the property, shall set forth the non- complying conditions and shall state that the owner of such property has been duly notified. The Building Official shall record a notice of release of the notice of non-compliance with the County Recorder when it has been determined by the Building Official that the non-complying conditions have been corrected. Exhibit A to Ordinance No. 1519 Page 11 of 54 § 150.034 PUBLIC NUISANCE. Buildings or structures or portions thereof which are regulated by this code, and which are determined by the Building Official to be unsafe or not provided with adequate egress or which constitute a fire hazard, or which are determined substandard under the provisions of the California Health and Safety Code, the state housing law, any other applicable law or ordinance, or which are otherwise dangerous to human life, or which constitute a hazard to health safety or public welfare by reason of inadequate maintenance, dilapidation, damage obsolescence or abandonment as specified in this code or any other law or ordinance, shall be declared unsafe buildings and shall be declared a public nuisance and shall be ordered abated by repair, rehabilitation, removal or demolition pursuant to the provision of this code. § 150.035 ACTIONS, VIOLATIONS AND PENALTIES. It shall be unlawful for any person, firm, corporation or association to erect, construct, enlarge, alter, repair, move, improve, remove, convert or demolish equipment, use, occupy, or maintain any building, structure or building service equipment regulated by this code, or cause the same to be done in violation of this code or any codes hereby adopted by reference, state housing law or other applicable state or local law. The penalty shall be as set forth in § 10.99 of the Baldwin Park Municipal Code. Each such person, firm, corporation or association shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation of any of the provisions of this code is committed, continued, or allowed and upon conviction of such violation such person, firm, corporation or association shall be punishable by a fine or imprisonment or both as provided by law and the Baldwin Park Municipal Code. The issuance of a permit or the approval of plans and specifications shall not be construed to authorize any violation of the provisions of this code or any codes hereby adopted by reference, state housing law or other applicable state or local law. The issuance or granting of a permit or approval of plan and specification shall not prevent the Building Official from thereafter requiring the correction of errors in said plans and specifications or from suspending construction operations when such plans, specification or construction are in violation of this code or any codes hereby adopted by reference, state housing law or other applicable state or local law. Part 4. EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT § 150.040 APPLICATION OF TECHNICAL PROVISIONS TO EXISTING BUILDINGS AND BUILDING SERVICE EQUIPMENT. The provisions of this part govern the application of the technical codes to existing buildings and building service equipment. § 150.041 GENERAL. The buildings, structures and their building service equipment to which additions, alterations or repairs are made shall comply with all the requirements of the technical codes for new facilities, except as specifically provided in this chapter. Exhibit A to Ordinance No. 1519 Page 12 of 54 § 150.042 ADDITIONS, ALTERATIONS OR REPAIRS. Additions, alterations or repairs may be made to a building or its building service equipment without requiring the existing building or its building service equipment to comply with all the requirements of the technical codes, provided the addition, alteration or repair conforms to that required for a new building or building service equipment. § 150.043 ADDITIONS, ALTERATIONS OR REPAIRS: UNSAFE CONDITIONS. (A) Additions or alterations shall not be made to an existing building or building service equipment which will cause the existing building or building service equipment to be in violation of the provisions of the technical codes nor shall such additions or alterations cause the existing building or building service equipment to become unsafe. (B) An unsafe condition shall be deemed to have been created if an addition or alteration may cause the existing building or building service equipment to become structurally unsafe or overloaded; may not provide adequate egress in compliance with the provisions of the building code or may obstruct existing exits; may create a fire hazard; may reduce required fire resistance; may cause building service equipment to become overloaded or exceed their rated capacities; may create a health hazard or may otherwise create conditions dangerous to human life. § 150.044 ADDITIONS, ALTERATIONS OR REPAIRS: HEIGHT, NUMBER OF STORIES AND AREA. (A) A building altered pursuant to a repair or alteration permit, which involves a change in use or occupancy, shall not exceed the height, number of stories and area permitted by the building code for new buildings. (B) A building plus new additions shall not exceed the height, number of stories and area specified by the building code for new buildings. § 150.045 ADDITIONS, ALTERATIONS OR REPAIRS: COMPLIANCE WITH CODE REQUIREMENTS. (A) Additions or alterations shall not be made to an existing building or structure when the existing building or structure is not in full compliance with the provisions of the building code, except when the addition or alteration will result in the existing building or structure being no more hazardous, based on life safety, fire safety and sanitation, than before such additions or alterations are undertaken. (B) Exception. Alterations of existing structural elements, or additions of new structural elements which are initiated only for the purpose of increasing the lateral-force-resisting strength or stiffness of an existing structure need not be designed for forces conforming to these regulations provided that an engineering analysis is submitted to show that: Exhibit A to Ordinance No. 1519 Page 13 of 54 (1) The capacity of existing structural elements required to resist forces is not reduced; (2) The lateral loading to required existing structural elements is not increased beyond their capacity; (3) New structural elements are detailed and connected to the existing structural elements as required by these regulations; (4) New or relocated nonstructural elements are detailed and connected to existing or new structural elements as required by these regulations; and (5) An unsafe condition is not created. § 150.046 ADDITIONS, ALTERATIONS OR REPAIRS: USE OF SAME MATERIALS. Alterations or repairs to an existing building or structure which are nonstructural and do not adversely affect a structural member or a part of the building or structure having required fire resistance may be made with the same materials of which the building or structure is constructed, subject to approval by the Building Official. Installation or replacement of glass shall be as required for new installations. § 150.047 EXISTING BUILDING SERVICE EQUIPMENT INSTALLATIONS. Building service equipment lawfully in existence prior to the effective date of this chapter, may have their use, maintenance or repair continued if the use, maintenance or repair is in accordance with the original design and a hazard to life, health or property has not been created by such building service equipment. § 150.048 EXISTING OCCUPANCY. (A) Buildings in existence prior to the effective date of this chapter may have their existing use or occupancy continued if the use or occupancy was legal prior to the effective date of this chapter, and provided continued use is not dangerous to life, health and safety. (B) A change in the use or occupancy of any existing building or structure shall comply with the provisions of this code. § 150.049 MAINTENANCE. (A) Buildings, structures and building service equipment, existing and new, and parts thereof shall be maintained in a safe and sanitary condition. (B) Devices or safeguards which are required by the technical codes shall be maintained in conformance with the technical code under which installed. Exhibit A to Ordinance No. 1519 Page 14 of 54 (C) The owner or the owner's designated agent shall be responsible for the maintenance of buildings, structures and their building service equipment. (D) The Building Official may cause a structure to be reinspected to determine compliance with this division. § 150.050 MOVED BUILDINGS. Buildings, structures and their building service equipment moved into or within the city shall comply with the provisions of the technical codes for new buildings or structures and their building service equipment. § 150.051 TEMPORARY STRUCTURES. (A) Temporary structures such as reviewing stands and other miscellaneous structures, sheds, canopies or fences used for the protection of the public around and in conjunction with construction work may be erected by a permit issued pursuant to CBC § 3103. (B) Temporary buildings or structures shall be completely removed upon the expiration of the time limit stated in the permit. § 150.052 HISTORIC BUILDINGS. Repairs, alterations and additions necessary for the preservation, restoration, rehabilitation or continued use of a building, structure, or its building service equipment may be made provided: (A) The building or structure has been designated by official action of the legally constituted authority of the city as having special historical or architectural significance. (B) Unsafe conditions as described in this chapter are corrected. (C) The restored building or structure and its building service equipment will be no more hazardous based on life safety, fire safety and sanitation than the existing building. (D) The structure meets the requirement of 2016 California Historical Building Code, Part 8 of Title 24. Part 5. PERMITS § 150.060 PERMITS REQUIRED. Except as specified in this part, no building, structure or building service equipment regulated by this chapter and the technical codes shall be erected, constructed, enlarged, altered, repaired, moved, improved, removed, converted or demolished unless a separate, appropriate permit for each building, structure or building service equipment has first been obtained from the Building Official. Exhibit A to Ordinance No. 1519 Page 15 of 54 ( § 150.061 WORK EXEMPT FROM PERMIT. (A) A permit shall not be required for the types of work in each of the separate classes of permit as set forth in this part. (B) Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in violation of the provisions of the technical codes or any other laws or city ordinances. § 150.062 BUILDING PERMIT EXEMPTIONS. (A) A building permit shall not be required for the following: (1) One-story detached accessory buildings used as tool and storage sheds, playhouses and similar uses, provided the floor area does not exceed 120 square feet (11 m2), the building is 14 feet or less in height, and does not contain electrical, mechanical or plumbing work. (2) Fences not over seven (2,134 mm) high. (3) Oil derricks. (4) Non-fixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) high. (5) Retaining walls which are not over four feet (1,219 mm) in height measured from the bottom of the footing to the top of the wall, unless supporting a surcharge or impounding Class I, II or III-A liquids. (6) Water tanks supported directly upon grade if the capacity does not exceed 5,000 gallons (18,925 liters) and the ratio of height to diameter or width does not exceed two to one. (7) Platforms, sidewalks and driveways not more than 30 inches (762 mm) above adjacent grade, and not over any basement or story below, and are not part of an accessible route. (8) Painting, papering, tiling, carpeting, cabinets, counter tops and similar finish work. (9) Temporary motion picture, television and theater stage sets and scenery. (10) Shade cloth structures constructed for nursery or agricultural purposes, not including service systems. (11) Swings and other playground equipment accessory to detached one-and two- family dwellings. Exhibit A to Ordinance No. 1519 Page 16 of 54 (12) Window awnings supported by an exterior wall of detached one- and two-family dwellings, and Group U Occupancies when projecting not more than 54 inches (1,372 mm) and do not require additional support. (13) Prefabricated swimming pools accessory to a detached one- and two-family dwellings. Occupancy in which the pool walls are entirely above the adjacent grade and if the capacity does not exceed 5,000 gallons (18,925 liters), and less than 24 inches (610 mm) deep. (14) Replacement, repair or overlay of less than 10% of an existing roof within any 12 month period. (15) Nonfixed and movable fixtures, cases, racks, counters and partitions not over five feet nine inches (1,753 mm) in height. (B) Unless otherwise exempted by this chapter, separate plumbing, electrical and mechanical permits will be required for the above exempted items. § 150.063 PLUMBING PERMIT EXEMPTIONS. A plumbing permit shall not be required for the following: (A) The stopping of leaks in drains, soil, waste or vent pipe, provided, however, that should any concealed trap, drainpipe, soil, waste or vent pipe become defective and it becomes necessary to remove and replace the same with new material, the same shall be considered as new work and a permit shall be procured and inspection made as provided in this chapter. (B) The clearing of stoppages or the repairing of leaks in pipes, valves or fixtures, including the removal and reinstallation of water closets, provided such repairs do not involve or require the replacement or rearrangement of valves, pipes or fixtures. § 150.064 MECHANICAL PERMIT EXEMPTIONS. A mechanical permit shall not be required for the following: (A) A portable heating appliance; (B) Portable ventilating equipment; (C) A portable cooling unit; (D) A portable evaporative cooler; (E) A closed system of steam, hot or chilled water piping within heating or cooling equipment regulated by the mechanical code; Exhibit A to Ordinance No. 1519 Page 17 of 54 (F) Replacement of any component part of assembly of an appliance which does not alter its original approval and complies with other applicable requirements of the technical codes; (G) Refrigerating equipment which is part of the equipment for which a permit has been issued pursuant to the requirements of the technical codes; and (H) A unit refrigerating system as defined in the mechanical code. § 150.065 ELECTRICAL PERMIT EXEMPTIONS. An electrical permit shall not be required for the following: (A) Portable motors or other portable appliances energized by means of a cord or cable having an attachment plug end to be connected to an approved receptacle when that cord or cable is permitted by the electrical code. (B) Repair or replacement of fixed motors, transformers or fixed approved appliances of the same type and rating in the same location. (C) Temporary decorative lighting. (D) Repair or replacement of current-carrying parts of any switch, conductor or control device. (E) Reinstallation of attachment plug receptacles, but not the outlets therefore. (F) Replacement of any over current device of the required capacity in the same location, except service equipment. (G) Repair or replacement of electrodes or transformers of the same size and capacity for signs or gas tube systems. (H) Taping joints. (I) Removal of electrical wiring. (J) Temporary wiring for experimental purposes in suitable experimental laboratories. (K) The wiring for temporary theater, motion picture or television stage sets. (L) Electrical wiring, devices, appliances, apparatus or equipment operating at less than 25 volts and not capable of supplying more than 50 watts of energy, except in hazardous (classified) locations. (M) Low-energy power, control and signal circuits of Class II and Class III as defined in the electrical code. Exhibit A to Ordinance No. 1519 Page 18 of 54 (N) A permit shall not be required for the installation, alteration or repair of electrical wiring, apparatus or equipment or the generation, transmission, distribution or metering of electrical energy or in the operation of signals or the transmission of intelligence by a public or private utility in the exercise of its function as a serving utility. ( Part 6. APPLICATION REQUIREMENTS § 150.071 APPLICATION FOR PERMIT. (A) To obtain a permit an applicant shall file a completed application, in writing, on a form furnished by the Building Official for that purpose. (B) Every such application shall: (1) Identify and describe the work to be covered by the permit for which application is made. (2) Describe the land on which the proposed work is to be done by legal description, street address or similar description that will readily identify and definitely locate the proposed building or work. (3) Indicate the use or occupancy for which the proposed work is intended. (4) Be accompanied by plans, diagrams, computations and specifications and other data as required in CBC § 107. (5) State the valuation of any new building or structure or any addition, remodeling or alteration to an existing building. (6) Be signed by the applicant, or the applicant's authorized agent. (7) Give such other data and information as may be required by the Building Official. (C) The work to be covered by the permit for which application is made, shall comply with the code, standards, and laws in effect at the time such application is filed with the Building Official. § 150.072 SUBMITTAL DOCUMENTS. (A) Plans, specifications, engineering calculations, diagrams, soil investigation reports, special inspection and structural observation programs and other data shall constitute the submittal documents and shall be submitted in one or more sets with each application for a permit. (B) When such plans are not prepared by an architect or engineer, the Building Official may require the applicant submitting such plans or other data to demonstrate that state law does not require that the plans be prepared by a licensed architect or engineer. Exhibit A to Ordinance No. 1519 Page 19 of 54 (C) The Building Official may require plans, computations and specifications to be prepared and designed by an engineer or architect licensed by the state to practice as such even if not required by state law. (D) Exception. The Building Official may waive the submission of plans, calculations, construction inspection requirements and other data if it is found that the nature of the work applied for is such that reviewing of plans is not necessary to obtain compliance with this chapter. § 150.073 INFORMATION ON PLANS AND SPECIFICATIONS. (A) Plans and specifications shall be drawn to scale on substantial paper or cloth and shall be of sufficient clarity to indicate the location, nature and extent of the work proposed and show in detail that it will conform to the provisions of this chapter and all relevant laws, ordinances, rules and regulations. (B) Plans for buildings of other than detached one- and two-family dwellings and Group U Occupancies shall indicate how required structural and fire-resistive integrity will be maintained when a penetration will be made for electrical, mechanical, plumbing and communication conduits, pipes and similar systems. § 150.074 ARCHITECT OR ENGINEER OF RECORD. (A) When it is required that documents be prepared by an architect or engineer, the Building Official may require the owner to engage and designate on the building permit application an architect or engineer who shall act as the architect or engineer of record. (B) If the circumstances require, the owner may designate a substitute architect or engineer of record who shall perform all of the duties required of the original architect or engineer of record. (C) The Building Official shall be notified, in writing, by the owner if the architect or engineer of record is changed or is unable to continue to perform the duties. (D) The architect or engineer of record shall be responsible for reviewing and coordinating all submittal documents prepared by others, including deferred submittal items, for compatibility with the design of the building. § 150.075 DEFERRED SUBMITTALS. (A) For the purposes of this chapter, deferred submittals are defined as those portions of the design which are not submitted at the time of the application and which are to be submitted to the Building Official within a specified period. (B) Deferral of any submittal items shall have prior approval of the Building Official. The architect or engineer of record shall list the deferred submittals on the plans and shall submit the Exhibit A to Ordinance No. 1519 Page 20 of 54 deferred submittal documents. Additional plan review fee shall be paid by the applicant for deferred submittals for review by the Building Official prior to their installation. (C) Submittal documents for deferred submittal items shall be submitted to the registered design architect or engineer of record who shall review them and forward them to the Building Official with a notation indicating that the deferred submittal documents have been reviewed and that they have been found to be in general conformance with the design of the building. (D) The deferred submittal items shall not be installed until their design and submittal documents have been approved by the Building Official. § 150.076 INSPECTION AND OBSERVATION PROGRAM. (A) When special inspection is required by CBC Chapter 17, the architect or engineer of record shall prepare an inspection program which shall be submitted to the Building Official for approval prior to issuance of the permit. (B) The inspection program shall designate the portions of the work to have special inspection, the name or names of the individuals or firms who are to perform the special inspections and indicate the duties of the special inspectors. (C) The special inspector shall be employed by the owner, the engineer or architect of record, or an agent of the owner, but not the contractor or any other person responsible for the work. (D) When structural observation is required by CBC Chapter 17, the observation program shall name the individuals or firms who are to perform structural observation and describe the stages of construction at which structural observation is to occur. (E) The inspection program shall include samples of inspection reports and provide time limits for submission of reports. § 150.077 EXPIRATION OF APPLICATION FOR PERMIT. (A) Except as provided below, a permit application shall expire if no permit is issued within one year after the date the permit application is filed. A permit application filed prior to the effective date of this chapter, shall expire if no permit is issued within one year after the date the permit application is filed. The Building Official may issue a permit for work shown on an expired application for a permit without requiring the re-submittal of plans and payment of a plan review fee provided: (1) No changes have been made or will be made to the original plans and specifications except as required by the original plan review; (2) No pertinent laws or ordinances have been amended subsequent to the date the original application was filed; Exhibit A to Ordinance No. 1519 Page 21 of 54 (3) The time allowed to obtain the permit does not exceed one year and one month from the date the original application was filed; and (4) Circumstances beyond the control of the applicant have prevented action from being taken. (B) Except as provided in this Section, no action may be taken on an application after expiration. Plans and other data submitted for review may thereafter be returned to the applicant or destroyed by the Building Official. To obtain a permit, applicants shall submit a new application, documents and pay a new plan review fee. All applicable codes, standards, and laws in affect at the time of the new application shall then apply to the project. Part 7. PERMIT ISSUANCE § 150.080 PERMIT ISSUANCE. (A) The application, plans, specifications, computations and other data filed by an applicant for permit shall be reviewed by the Building Official as deemed appropriate. Such plans may be reviewed by other city departments to verify compliance with other applicable laws. (B) If the Building Official finds that the work described in an application for a permit and the plans, specifications and other data filed therewith conform to the requirements of this chapter and the technical codes and other pertinent laws and ordinances, and that the required fees have been paid, the Building Official shall issue a permit therefore to the applicant. (C) The Building Official shall endorse, in writing or stamp, the required plans and specifications. (D) Approved plans and specifications shall not be changed, modified or altered without authorizations from the Building Official, and all work regulated by this chapter shall be done in accordance with the approved plans. § 150.081 PERMITS FOR PARTIAL CONSTRUCTION. (A) The Building Official may issue a permit for the construction of part of a building, structure or building service equipment before the entire plans and specifications for the whole building, structure or building service equipment have been submitted or approved, provided adequate information and detailed statements have been filed complying with all pertinent requirements of the technical codes. (B) The holder of a permit for partial construction shall proceed without assurance that the permit for the entire building, structure or building service will be granted. § 150.082 RETENTION OF PLANS. Exhibit A to Ordinance No. 1519 Page 22 of 54 (A) One set of approved plans, specifications and computations shall be retained by the Building Official for a period of not less than 180 days from the date of completion of the work covered therein or as required by the state or local laws. (B) One set of approved plans and specifications shall be returned to the applicant and shall be kept on the site of the building or work at all times during which the work authorized thereby is in progress. § 150.083 VALIDITY OF PERMIT. (A) The issuance of a permit or approval of plans, specifications and computations shall not be construed to be a permit for, or an approval of any violation of, any of the provisions of this chapter or the technical codes, or of any other law or ordinance. (B) Permits presuming to give authority to violate or cancel the provisions of this chapter or of other city ordinances shall not be valid. (C) The issuance of a permit based on plans, specifications and other data shall not prevent the Building Official from thereafter requiring the correction of errors in the plans, specifications and other data, or from preventing building operations being carried on thereunder when there is a violation of this chapter or of any other city ordinances. § 150.084 PERMIT EXPIRATION. (A) Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void when any of the following circumstances is applicable: Section 150.084(A)(1) is hereby amended to read: (1) Failure to start construction. If the building or work authorized by such permit is not commenced within 12 months from the date of such permit is issued; (2) Cessation of work. If the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 180 days or more; (3) Time to complete. In addition to divisions (1) and (2) above, every permit issued under the provisions of this chapter expires by limitation and becomes null and void when the time allowed to complete all work authorized by the permit exceeds the following time periods based on valuation: Valuation Time Allowed Under $300,000 12 months $300,001 to $1,000,000 24 months Exhibit A to Ordinance No. 1519 Page 23 of 54 $1,000,001 to $20,000,000 36 months Over $20,000,000 48 months (B) Before work terminated pursuant to division (A) above can be recommenced, a new permit shall be first obtained, and the permittee shall pay new full permit fees. (C) The fee therefore shall be pursuant to the last adopted fees provided no changes have been made to the original plans or specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. (D) If the suspension or abandonment of the project has exceeded one year, a new permit shall be obtained and the permit fees be paid in full. § 150.085 PERMIT TIME EXTENSIONS. (A) Every permit issued by the Building Official under the provisions of the technical codes shall expire by limitation and become null and void if the building or work authorized by such permit is not commenced within 12 months from the date of such permit, if the building or work authorized by such permit is suspended or abandoned at any time after the work is commenced for a period of 12 months days, or if the project is not completed within the stated periods in § 150.084. (B) All permits shall expire by limitation of time and become null and void unless a written request for an extension of time has been submitted to the Building Official prior to permit expiration. The written request must demonstrate that: (1) Due to circumstances beyond the owner’s or permittee’s control, construction could not be commenced, continued or completed in the authorized time period; (2) If construction has started, substantial progress has been made; (3) The condition of the property presents no health or safety hazard; and (4) The continued delay will not create any unreasonable aesthetic impact to the neighborhood or substantial economic detriment to neighboring property owners. (C) The time periods set forth to start construction within 180 days or resume construction after cessation of work for 180 days may each be extended no more than once, and the time period set forth to complete construction may be extended no more than three times. Each extension of time shall not exceed 180 days. (D) The decision of the Building Official may be appealed to the Director of Community Development, who shall conduct a de novo review. Any such appeal shall be filed in writing within seven days of the decision of the Building Official. The decision of the Director of Community Development shall be final. Exhibit A to Ordinance No. 1519 Page 24 of 54 (E) Before work terminated pursuant to division (B) above can be recommenced, a new permit shall be first obtained, and the permittee shall pay new full permit fees. (F) The fee therefore shall be pursuant to the last adopted fees provided no changes have been made to the original plans or specifications for such work; and provided further that such suspension or abandonment has not exceeded one year. (G) If the suspension or abandonment of the project has exceeded one year, a new permit shall be obtained and the permit fees be paid in full. § 150.086 PERMIT RENEWALS. An expired building permit may be renewed provided it has not been expired for more than one year, no changes have been made to the plans or specifications previously approved by the expired permit and appropriate permit renewal fees are paid. In instances where work has been initiated prior to the expiration of the permit, permit renewal fees shall be assessed pursuant to the degree of progress made on the work authorized by the permit. Permit renewal fees shall be assessed by the Building Official pursuant to latest adopted fees. § 150.087 PERMIT SUSPENSION OR REVOCATION. The Building Official is authorized to suspend or revoke a permit issued under the provisions of this code when the permit is issued in error or on the basis of incorrect inaccurate, incomplete, or fraudulent information provided by the applicant, or when such permit is in violation of an ordinance, regulation, state law or the provisions of this code. All suspension or revocation of permits must be in writing showing the cause and the time period for such action. § 150.088 PERMIT DENIAL. Except where special building designs or other mitigation measures have been approved by the Building Official and co-operating officials of other city and county agencies, a building permit may be denied where physical features of a building site are such that denial of the building permit is deemed necessary to safeguard life, limb, health, property or public welfare. Physical features which justify denial of a permit shall include but shall not be limited to the following: (A) Precipitous cliffs or other adjacent vertical landmasses of unknown stability. (B) Unstable soils or geologic conditions. (C) Terrain, which is subject to flooding or severe soil erosion. (D) Terrain, which is deemed contaminated by products of hydrocarbon or other hazardous material. Exhibit A to Ordinance No. 1519 Page 25 of 54 Part 8. FEES § 150.100 FEES ESTABLISHED BY CITY COUNCIL RESOLUTION. All fees required pursuant to this chapter shall be paid in the amount established set forth in the schedule of service charges established by resolution of the City Council. § 150.101 PLAN REVIEW FEES. (A) When a plan or other data is required to be submitted with an application for permit, pursuant to this chapter, a plan review fee shall be paid at the time of submitting plans and specifications for reviewing. The plan review fee is separate and in addition to the building permit fee. (B) The plan review fee shall be as set forth in the schedule of service charges established by resolution of the City Council, plus a surcharge as set forth in the schedule of service charges if additional plan review is required for the accessibility for the disabled and/or energy conservation standards as set forth in Title 24 of the California Code of Regulations. (C) When submittal documents are incomplete or changed so as to require additional plan review or when the project involves deferred submittal items as defined in this chapter an additional plan review fee shall be charged at the rate established in the schedule of service charges. (D) Whenever a permit is requested for the construction of a single-family or duplex structure as part of a subdivision previously plan-checked and approved, a fee as set forth in the schedule of service charges established by the City Council for each such structure shall be paid at the time of application for each such building permit. (E) The amount of initial plan review fee for submittal of a model plan as defined herein shall be the full plan review fee as specified above. The plan review fee for subsequent submittal of a plan which qualifies as a model plan shall be one-half (1/2) the plan review fee. A “model plan” is hereby defined as a prototype plan for a building or structure which is to be utilized on more than one site, and which incorporates the same structural features, dimensions, and calculations as the original approved plan. (F) Upon request to review plans on file, a fee as set forth in the schedule of service charges shall be paid, if the plans for such building or structure must be obtained from the city storage vault. § 150.102 INVESTIGATION FEES FOR WORK WITHOUT A PERMIT. (A) Whenever any work for which a permit is required by this chapter has been commenced without first obtaining the proper permits, a special investigation shall be made before any permit may be issued for such work. Exhibit A to Ordinance No. 1519 Page 26 of 54 (B) The investigation fee in an amount set forth in the schedule of service charges, in addition to the permit fee, shall be collected whether or not a permit is then or subsequently issued. The investigation fee shall be less than 50% of the permit fee as determined by the Building Official. (C) The payment of such investigation fee shall not exempt any person from compliance with all other provisions of this chapter nor from any penalty prescribed by law. § 150.103 FEE REFUNDS. (A) The Building Official may authorize partial refunding of any fee paid hereunder which was erroneously paid or collected. (B) The Building Official may authorize the refunding of not more than 80% of the permit fee paid when no work has been done under a permit issued in accordance with this chapter. A processing fee of $100 shall be deducted from the refund amount. Permit fee under $100 is non-refundable. (C) The Building Official may authorize the refunding of not more than 80% of the plan review fee paid when an application is withdrawn or canceled before any plan reviewing has been started, and the refund amount is not less than or equal to one hour of plan review service fee. A processing fee of $100 shall be deducted from the refund amount. Plan review fee under $200 is non-refundable. (D) The Building Official shall not authorize the refunding of any fee paid except upon written application filed by the original permittee not later than 180 days after the date of fee payment. § 150.104 FEE EXCEPTIONS. (A) Fees shall not be required for buildings erected for and owned by the United States of America, the State of California, or any of its political subdivisions, or by any school district or hospitals, where the Building Official has no jurisdiction for issuance of permits. (B) However, if an applicant requests a plan review or permit for any of the aforementioned projects, full fees shall be charged. Part 9. INSPECTIONS § 150.110 GENERAL PROVISIONS. (A) Construction or work for which a permit is required shall be subject to inspection by the Building Official and the construction or work shall remain accessible and exposed for inspection purposes until approved by the Building Official. In addition, certain types of construction shall have special inspection and structural observation as specified in Chapter 17 of the CBC. Exhibit A to Ordinance No. 1519 Page 27 of 54 (B) Approval as a result of an inspection shall not be construed to be an approval of a violation of the provisions of this chapter or of other city ordinances. Inspections presuming to give authority to violate or cancel the provisions of this chapter or of other city ordinances shall not be valid. (C) It shall be the duty of the permit applicant to cause the work to remain accessible and exposed for inspection purposes. Neither the Building Official nor the city shall be liable for expense entailed in the removal or replacement of any material required to allow inspection. (D) A survey of the lot may be required by the Building Official to verify that the structure is located in accordance with the approved plans. (E) All inspections specified herein shall be at the discretion of the Building Official and nothing in the CBC or in this chapter shall be construed as requiring the city to conduct such inspection nor shall any actual inspection made imply a duty to conduct any other inspection. Furthermore, neither the CBC nor this Section shall be construed to hold the city or any officer, employee or representative of the city, responsible for any damage to persons or property by reason of making inadequate or negligent inspection or by reason of any failure to make an inspection or re-inspection. § 150.111 INSPECTION RECORD CARD. (A) Work requiring a permit shall not be commenced until the permit holder or the agent of the permit holder shall have posted or otherwise made available an inspection record card such as to allow the Building Official to conveniently make the required entries thereon regarding inspection of the work. (B) The inspection record card shall be maintained and made readily available by the permit holder until final approval has been granted by the Building Official. § 150.112 INSPECTION REQUESTS. (A) It shall be the duty of the person doing the work authorized by a permit to notify the Building Official that such work is ready for inspection. (B) The Building Official may require that every request for inspection be filed at least one working day before such inspection is desired. Such request may be in writing or by telephone at the option of the Building Official. (C) It shall be the duty of the person requesting any inspections required either by this chapter or the technical codes to provide access to and means for inspection of the work. § 150.113 APPROVAL REQUIRED. (A) Work shall not be done beyond the point indicated in each successive inspection without first obtaining the approval of the Building Official. Exhibit A to Ordinance No. 1519 Page 28 of 54 (B) Reinforcing steel or structural framework of a part of a building or structure shall not be covered or concealed without first obtaining the approval of the Building Official. (C) The Building Official, upon notification, shall make the requested inspections and shall either indicate that portion of the construction is satisfactory as completed or shall notify the permit holder or an agent of the permit holder wherein the same fails to comply with this chapter. (D) Any portions of work which do not comply shall be corrected and such portion shall not be covered or concealed until authorized by the Building Official. (E) There shall be a final inspection and approval of all buildings and structures when completed and ready for occupancy and use. § 150.114 PRELIMINARY INSPECTION. Before issuing a permit, the building official is authorized to examine or cause to be examined, buildings, structures and sites for which an application has been filed. § 150.115 REQUIRED BUILDING INSPECTIONS. The Building Official, upon notification, shall make the following inspections: (A) Foundation inspection. To be made after excavations for footings are complete and required reinforcing steel is in place. For concrete foundations, required forms shall be in place prior to inspection. All materials for the foundation shall be on the job, except when concrete is ready-mixed in accordance with approved nationally recognized standards ASTM C94, the concrete need not be on the job. When the foundation is to be constructed of approved treated wood, additional inspections may be required by the Building Official. Building pad grade certification and compaction report is required prior to Foundation Inspection on the form provided by the jurisdiction as approved by the Building Official. (B) Concrete slab or under-floor inspection. To be made after in-slab or under-floor building service equipment, conduit, piping accessories and other ancillary equipment items are in place but before any concrete is placed or floor sheathing installed, including the sub-floor. (C) Protection of joints and penetrations in fire resistive assemblies shall not be concealed from view until inspected and approved. (D) Framing inspection. To be made after the roof, framing, fire blocking and bracing are in place and all pipes, chimneys and vents are complete and the rough electrical, plumbing, and heating wires, pipes, and ducts are approved. (E) Lath and/or wall board inspection. To be made after lathing and wallboard, interior and exterior, is in place but before plaster is applied or before wallboard joints and fasteners are taped and finished. Exhibit A to Ordinance No. 1519 Page 29 of 54 (F) Fire-resistant penetrations. (CBC Chapter 1, § 110.3.6) Protection of joints and penetrations in fire-resistance-rated assemblies, smoke barriers and smoke partitions shall not be concealed from view until inspected and approved. (G) Energy efficiency inspections. (CBC Chapter 1, § 110.3.7) Inspections shall be made to determine compliance with Chapter 13 and shall include, but not be limited to, inspections for: envelope insulation R and U values, fenestration U value, duct system R value, and HVAC and water-heating equipment efficiency. (H) Final inspection. To be made after finish grading and the building is completed and ready for occupancy or use. § 150.116 REQUIRED BUILDING SERVICE EQUIPMENT INSPECTIONS. (A) General. Building service equipment for which a permit is required by this chapter shall be inspected by the Building Official. Building service equipment intended to be concealed by a permanent portion of the building shall not be concealed until inspected and approved. When the installation of building service equipment is complete, an additional and final inspection shall be made. Building service equipment regulated by the technical codes shall not be connected to the water, fuel or power supply or sewer system until authorized by the Building Official. (B) Operation of building service equipment. The requirements of this Section shall not be considered to prohibit the operation of building service equipment installed to replace existing building service equipment serving an occupied portion of the building in the event a request for inspection of such building service equipment has been filed with the Building Official not more than 48 hours after the replacement work is completed, and before any portion of such building service equipment is concealed by permanent portions of the building. § 150.117 OTHER INSPECTIONS. In addition to the called inspections specified above, the Building Official may make or require other inspections of construction work to ascertain compliance with the provisions of this chapter or technical codes and other applicable laws and ordinances of this city. § 150.118 RE-INSPECTIONS. (A) A re-inspection fee may be assessed for each inspection or when such portion of work for which inspection is called is not complete or when corrections called for are not made. (B) This Section is not to be interpreted as requiring fees the first time a job is rejected for failure to comply with the requirements of the technical codes, but as controlling the practice of calling for inspections before the job is ready for such inspection or re-inspection. (C) Fees may be assessed when the inspection record card is not posted or otherwise available on the work site, the approved plans are not readily available to the inspector, for Exhibit A to Ordinance No. 1519 Page 30 of 54 failure to provide access on the date for which inspection is requested, or for deviating from plans requiring the approval of the Building Official. (D) To obtain a re-inspection, the applicant shall file an application therefore in writing upon a form furnished for that purpose, and pay the fee in accordance with the schedule of fees. (E) In instances where fees have been assessed, additional inspection of the work will not be performed until the required fees have been paid. § 150.119 SPECIAL INSPECTIONS. Special inspection shall be provided in accordance with § 1704 of the CBC. Additional special inspections may be required when deemed necessary by the Building Official. § 150.120 CONTRACTOR’S RESPONSIBILITY. Pursuant to the requirements of CBC § 1704, each contractor responsible for the construction of a main wind-or seismic-force-resisting system, designated seismic system or a wind - or seismic resisting component listed in the statement of special inspections shall submit a written statement of responsibility to the Building Official and the owner prior to the commencement of work on the system or component. The contractor's statement of responsibility shall contain acknowledgement of awareness of the special requirements contained in the statement of special inspection. § 150.121 STRUCTURAL OBSERVATION. Structural observation shall be provided in accordance with California Building Code. Additional structural observation may be required when deemed necessary by the Building Official. Structural observation does not include or waive any inspection required by this code. ( § 150.122 CONNECTION TO UTILITIES. (A) Energy connections. Persons shall not make connections from a source of energy, fuel or power to building service equipment which is regulated by the technical codes and for which a permit is required by this chapter, until approved by the Building Official. (B) Temporary connections. The Building Official may authorize the temporary connection of the building service equipment to the source of energy, fuel or power for the purpose of testing building service equipment, or for use under a temporary certificate of occupancy. This temporary connection will be allowed for a specific purpose and for a specific period of time. The temporary connection must be removed or detached when the permitted time period is over. Part 10. CERTIFICATE OF OCCUPANCY Exhibit A to Ordinance No. 1519 Page 31 of 54 § 150.130 USE OR OCCUPANCY. (A) Buildings or structures shall not be used or occupied nor shall a change in the existing occupancy classification of a building or structure or portion thereof be made until the Building Official has issued a certificate of occupancy therefore as provided herein. (B) Issuance of a certificate of occupancy shall not be construed as an approval of a violation of the provisions of this chapter or of other city ordinances. (C) Certificates presuming to give authority to violate or cancel the provisions of this chapter or of other city ordinances shall not be valid. § 150.131 CHANGE IN USE. Changes in the character or use of a building shall not be made except as specified in the Building Code. § 150.132 ISSUANCE OF CERTIFICATE OF OCCUPANCY. After the Building Official inspects the building or structure and finds no violations of the provisions of this chapter or other laws, the Building Official shall issue a certificate of occupancy which shall contain the following: (A) The building permit number. (B) The address of the building. (C) The name and address of the owner. (D) A description of that portion of the building for which the certificate is issued. (E) A statement that the described portion of the building has been inspected for compliance with the requirements of this chapter for the group and division of occupancy and the use for which the proposed occupancy is classified. (F) The name of the Building Official. (G) The edition of the code under which the permit was issued. (H) The use and occupancy, in accordance with the provisions of Chapter 3 of the CBC. (I) The type of construction as defined in Chapter 6 of the CBC. (J) The design occupant load. (K) If an automatic sprinkler system is provided, whether the sprinkler system is required. Exhibit A to Ordinance No. 1519 Page 32 of 54 (L) Any special stipulations and conditions of the building permit. § 150.133 TEMPORARY CERTIFICATE OF OCCUPANCY. (A) If the Building Official finds that substantial hazard will not result from occupancy of a building or portion thereof before the same is completed, a temporary certificate of occupancy for the use of a portion or portions of a building or structure may be issued prior to the completion of the entire building or structure. (B) Applicant shall pay required fees prior to issuance of temporary certificate of occupancy. (C) The Building Official will develop policies and procedures to administer issuance of a temporary certificate of occupancy. § 150.134 POSTING. The certificate of occupancy shall be posted in a conspicuous place on the premises and shall not be removed except by the Building Official. § 150.135 REVOCATION. The Building Official may, in writing, suspend or revoke a certificate of occupancy issued under the provisions of this chapter when the certificate is issued in error, or on the basis of incorrect information, or when it is determined that the building or structure or portion thereof is in violation of an ordinance, regulation or the provisions of this chapter. Part 11. ADOPTION AND AMENDMENT OF THE CALIFORNIA BUILDING CODE, THE CALIFORNIA RESIDENTIAL CODE, AND THE CALIFORNIA GREEN BUILDING STANDARDS CODE § 150.140 ADOPTION. (A) The 2025 California Building Code, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2 of Title 24 of the California Code of Regulations are adopted and enacted, as the primary building code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Building Code. (B) The 2025 California Residential Code, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 2.5 of Title 24 of the California Code of Regulations are adopted and enacted, as the Residential Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Residential Building Code. Exhibit A to Ordinance No. 1519 Page 33 of 54 (C) The 2025 California Green Building Standards Code, including the appendices thereto, together with those omissions, amendments, exceptions and additions thereto as amended in Part 11 of Title 24 of the California Code of Regulations are adopted and enacted, as the Green Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Green Building Code. (D) One copy of the adopted codes has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. § 150.141 LOCAL AMENDMENTS. The following provisions shall constitute local amendments to the cross-referenced provisions of the California Building Code (CBC), California Residential Code (CRC), and California Green Building Standards Code (CGBSC) and shall be deemed to replace the cross-referenced section of the respective code with the respective provisions set forth in this Chapter. CBC Section 808, Acoustical Ceiling Systems, is hereby amended to add Section 808.1.1.3 to read as follows: Section 808.1.1.3 Where ceiling is not supporting interior partitions, ceiling bracing shall be provided by four No. 12 gauge wires secured to the main runner within 2” of the cross runner intersection and splayed 90° from each other at an angle not exceeding 45° from the plane of the ceiling. A strut (adequate to resist the vertical component from lateral loads) fastened to the main runner shall be extended to and fastened to the structural members of the roof or floor above. These horizontal restraint points shall be placed at no more than 12’-0” on center in both directions with the first point within 6’-0” of an adjacent wall. Attachment of restraint wires to the structure above shall be adequate for the load imposed. Alternate design in accordance to ASCE-7 by a state licensed Engineer or Architect may be accepted. CBC Section 1505.2, Roofing within all other areas, is hereby deleted and amended to read as follows: 1505.2 Roofing within all other areas. The entire roof covering of every existing structure where more than 25% of the total roof area is replaced within any one year period; the entire roof covering of every new structure and any roof covering applied in any alteration, repair or replacement of the roof of every existing structure shall be a fire retardant roof covering that is at least Class B fire rating. Where designated in fire severity zones higher than “Moderate” by THE STATE FIRE MARSHAL LOCAL RESPONSIBILITY AREA FIRE HAZARD SEVERITY ZONES MAP, fire retardant roof covering shall bear a Class A fire rating. No wood shakes or wood shingles, treated or untreated shall be permitted. EXCEPTION: Repairs and additions to existing wood roofs, under twenty-five (25%) percent of the total existing roof area, shall be allowed to match the existing wood roof if the new materials are fire retardant and meet the specifications of a Class B roof. Only one such repair shall be allowed within a 12-month period. Exhibit A to Ordinance No. 1519 Page 34 of 54 CBC Section 1512.1, Re-roofing, is hereby amended to add Section 1512.1.1: 1512.1.1. Re-roofing General. All re-roofing shall conform to the applicable provisions of Chapter 15 of the CBC and as otherwise required in this Section. Repairs to existing roofs shall be limited to 25% of the total roof area within any one-year period. Repairs exceeding 25% of the total roof area shall be considered complete re-roofs and subject to the provisions of this code. All re-roofing work which requires complete removal of existing roof coverings shall be considered as new work, and shall be reviewed and inspected under Chapter 15 of this code. Sheathing placed on top of existing spaced sheathing to create a flat surface shall be installed per the roofing manufacturer's specifications and applicable ICC reports. Sheathing placed directly over roof rafters shall meet span and index ratings in accordance with Table 2304.7.(3) of the CBC. Sheathing shall be a minimum of one half inch in thickness and its edges shall bear on a roof rafter or similar support. Sheathing shall be fastened with minimum 8d common nails spaced six inches on center on the edge and 12 inches on center in the field. Lightweight roofs not exceeding six pounds per square foot, which are replaced with heavier roofs, shall comply with the provision of Chapter 16 of the CBC and subject to plan check. Sheathing over existing space sheathing shall be a minimum of 3/8 inches in thickness. CBC Section 1512.2, Roof Replacement, is hereby amended to add Section 1512.2.2: 1512.2.2 Reroofing overlays allowed Not more than one overlay of composition shingles shall be allowed. Not more than one overlay of built-up or rolled roofing shall be allowed. CBC Section 1809.4, Depth and Width of Footings, is hereby amended to add Section 1809.4.1 to read as follows: 1809.4.1 Foundations in Expansive Soil. When buildings are located on expansive soil having an expansion index greater than 20 ASTMD 4829, gutters, downspouts, piping, and/or other non-erosive devices shall be provided to collect and convey rainwater to a street, storm drain, or other approved watercourses or disposal area. Foundations in expansive soil shall be designed to comply with the following table: Number of Floors Supported by Foundation Thickness of Foundation Wall (Inches) Width of Footing (Inches) Thickness of Footing (Inches) Depth of Footing (Inches) Concrete Masonry Exhibit A to Ordinance No. 1519 Page 35 of 54 1 6 6 12 6 24 EXCEPTION: for residential monolithically places concrete foundation located in non-hillside terrain, two #4 reinforcing bars shall be placed within 3 inches of the of footing and two reinforcing bars shall be placed 3 to 5 inches from the bottom of the footing. Concrete floor reinforcement shall consist of number 3 reinforcement bars at 24 inches on center each way. Number 3 bars shall be embedded into footing a depth of 18 inches. Minimum slab reinforcement for any building shall be #3 bars at 18-in on center each way. CBC Section 3109.1 is hereby amended to add Sections 3109.1.1 and 3109.1.2 to read as follows: 3109.1.1 DEFINITION. BARRIER HEIGHT. The distance measured from finish grade to the top of the barrier. The face of the barrier used shall be the face that is outside the pool or spa area. Finish grade shall be the lowest adjacent grade within two (2) feet of the outer surface of the barrier along the entire length. BARRIER HEIGHT AND CLEARANCES. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearances between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on the top of the pool structure, and the maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may allow modifications to the barrier requirements. WIDELY SPACED HORIZONTAL MEMBERS. Barriers shall not have a design configuration that provides a ladder-like effect. When the barrier has horizontal members spaced less than 45 inches apart, such member shall be placed on the poolside of the barrier. Any decorative design work attached to the outer side of the barrier that forms a ladder like design work effect is prohibited. 3109.1.2 BARRIER HEIGHT AND CLEARANCES. The top of the barrier shall be at least 60 inches above grade measured on the side of the barrier that faces away from the swimming pool. The maximum vertical clearances between grade and the bottom of the barrier shall be 2 inches measured on the side of the barrier that faces away from the swimming pool. Where the top of the pool structure is above grade, the barrier is authorized to be at ground level or mounted on the top of the pool structure, and the Exhibit A to Ordinance No. 1519 Page 36 of 54 maximum vertical clearance between the top of the pool structure and the bottom of the barrier shall be 4 inches. EXCEPTION: Upon showing of good cause and in individual cases, the Building Official may allow modifications to the barrier requirements. CRC Section R105.2 is hereby amended to add Section R105.2.1 to read as follows: R105.2.1. Accessory Storage Sheds on Residential Properties. Notwithstanding any other provisions of this Section, storage sheds exempt from permits by this chapter shall be separated from each other and other structures by six (6) feet. The separation distance shall be measured from exterior finish of the buildings. Eaves and overhangs from said shed shall not extend more than twelve (12) inches, measured horizontally from a vertical plane, beyond the exterior finish. The maximum height of storage sheds shall not exceed one (1) story and ten (10) feet to any part of the shed measured from existing finished grade. CRC Section R403.1.4., General, is hereby amended to add Section R403.1.4.1 to read as follows: R403.1.4.4 Foundations in Expansive Soil. When buildings are located on expansive soil having an expansion index greater than 20 ASTM D 4829, gutters, downspouts, piping, and/or other non-erosive devices shall be provided to collect and convey rainwater to a street, storm drain, or other approved watercourses or disposal area. Foundations in expansive soil shall be designed to comply with the following Table: Number of Floors Supported by Foundation Thickness of Foundation Wall (Inches) Width of Footing (Inches) Thickness of Footing (Inches) Depth of Footing (Inches) Concrete Masonry 1 6 6 12 6 24 Exception: for residential monolithically places concrete foundation located in non-hillside terrain, two #4 reinforcing bars shall be placed within 3 inches of the of footing and two reinforcing bars shall be placed 3 to 5 inches from the bottom of the footing. Concrete floor reinforcement shall consist of number 3 reinforcement bars at 24 inches on center each way. Number 3 bars shall be embedded into footing a depth of 18 inches. Minimum slab reinforcement for any building shall be #3 bars at 18-in on center each way. § 150.142 SAFETY ASSESSMENT PLACARDS. SAFETY ASSESSMENT PLACARDS Exhibit A to Ordinance No. 1519 Page 37 of 54 (A) Intent. This section establishes standard placards to be used to indicate the condition of a structure for continued occupancy. The Section further authorizes the Building Official and his or her authorized representatives to post the appropriate placard at each entry point to a building or structure upon completion of a safety assessment. (B) Application of provisions. The provisions of this chapter are applicable to all buildings and structures of all occupancies regulated by the City of Baldwin Park. The City Council may extend the provisions as necessary. (C) Definitions. SAFETY ASSESSMENT is a visual, non-destructive examination of a building or structure for purpose of determining the condition for continued occupancy. (D) Placards. (1) The following are verbal descriptions of the official placards to be used to designate the condition for continued occupancy of buildings or structures. (a) INSPECTED - lawful occupancy permitted is to be posted on any building or structure wherein no apparent structural hazard has been found. This placard is not intended to mean that there is no damage to the building or structure. (b) RESTRICTED USE is to be posted on each building or structure that has been damaged wherein the damage has resulted in some form of restriction to the continued occupancy. The individual who posts this placard will note in general terms the type of damage encountered and will clearly and concisely note the restrictions on continued occupancy. (c) UNSAFE - Do Not Enter or Occupy is to be posted on each building or structure that has been damaged such that continued occupancy poses a threat to life safety. Buildings or structures posted with this placard shall not be entered under any circumstance except as authorized in writing by the Building Official, or his or her authorized representative. Safety assessment teams shall be authorized to enter these buildings at any time. This placard is not to be used or considered as a demolition order. The individual who posts this placard will note in general terms the type of damage encountered. (2) This municipal code Section number, the name of the city, its address, and phone number shall be permanently affixed to each placard. (3) Once it has been attached to a building or structure, a placard is not to be removed, altered or covered until done so by an authorized representative of the Building Official. It shall be unlawful for any person, firm or corporation to alter, remove, cover or deface a placard unless authorized pursuant to this Section. § 150.143 APPENDIX J: GRADING. Exhibit A to Ordinance No. 1519 Page 38 of 54 CBC Appendix J, Grading, Section J102 is amended to add the following definition to read as follows: BUILDING OFFICIAL. The Building Official for APPENDIX J, GRADING shall be the Director of Public Works (except grading around building foundation and swimming pool). (CBC Appendix J, Grading, Section J106 EXCAVATIONS is amended to add Section J106.2: Section J106.2 EXCAVATION AT OR ADJACENT TO SLOPES. A geotechnical report addressing slope stability shall be submitted for plan review when an excavation or construction of a swimming pool, spa, or similar structure encroaches into the projected plane of a 3:1 or steeper slope. § 150.144 THE DESIGNATION OF HIGH AND MODERATE FIRE HAZARD SEVERITY ZONES AND ADOPTING THE CAL FIRE LOCAL RESPONSIBILITY AREA FIRE HAZARD SEVERITY ZONES MAP. The City adopts the current and any updated Fire Hazard Severity Zones (FHSZ) in Local Responsibility Area (LRA) map, as identified by the State Fire Marshal. In the adoption, the City designates the fire severity zone as designated by the State Fire Marshal Part 12. ADOPTION AND AMENDMENTS OF THE CALIFORNIA ELECTRICAL CODE § 150.150 ADOPTION. (A) The 2025 California Electrical Code, Part 3 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary electrical code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein subject to the following amendments and shall be known as the Baldwin Park Electrical Code. (B) One copy of the codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the city. § 150.151 SPECIAL EVENTS. A permit shall be required for the installation of portable wiring for equipment for carnivals, circuses, exhibits, amusement rides, traveling attractions, film shoots and similar functions including wiring in, or on, all structures. § 150.152 TEMPORARY WIRING. For the purpose of this Section temporary wiring shall be defined as temporary electrical power and lighting installations permitted during the period of construction, remodeling, maintenance, repair, or demolition of buildings, structures, equipment, or similar activities. Temporary wir ing shall be removed immediately upon completion of construction or purpose for which the wiring Exhibit A to Ordinance No. 1519 Page 39 of 54 was installed. The main service of a building or space shall not be energized to provide temporary lighting during construction. § 150.153 CONDITIONAL ELECTRICAL SERVICE CONNECTION. A conditional electrical service connection may be authorized by the Building Official when in the opinion of the Building Official the need for such connection exists and such connection cannot be achieved following the standard adopted policy or process. Conditional electrical service may be terminated at the completion of a specific purpose for which the electrical connection was granted or at the discretion of the Building Official. Chapter 150, Part 12 ADOPTION AND AMENDMENTS OF THE CALIFORNIA ELECTRICAL CODE is hereby amended to add Section § 150.154 LOCAL AMENDMENTS. § 150.154 LOCAL AMENDMENTS. The following provisions shall constitute local amendments to the cross-referenced provisions of the California Electrical Code (CEC) shall be deemed to replace the cross-referenced section of the respective code with the respective provisions set forth in this Chapter. CEC Article 300.5 Underground Installations, is hereby amended to add Article 300.5.1. Article 300.5.1 Undergrounding Required. Outside branch circuits and feeders serving an accessory or auxiliary building or structure and equipment shall be placed underground. The minimum cover required for direct-buried cable, conduit, or other raceways will be in accordance with the California Electrical Code. Part 13. ADOPTION OF THE CALIFORNIA MECHANICAL CODE § 150.160 ADOPTION. (A) The 2025 California Mechanical Code, Part 4 of Title 24 of the California Code of Regulations,, is hereby adopted and enacted as the primary Mechanical Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Mechanical Code. (B) One copy of each of the codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 14. ADOPTION OF THE CALIFORNIA PLUMBING CODE § 150.170 ADOPTION. (A) The 2025 California Plumbing Code, Part 5 of Title 24 of the California Code of Regulations, are adopted and enacted, as the Plumbing Code of the City of Baldwin Park and Exhibit A to Ordinance No. 1519 Page 40 of 54 made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Plumbing Code. (B) One copy of each of the codes adopted by reference has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 15. ADOPTION OF THE CALIFORNIA ENERGY CODE § 150.180 ADOPTION. (A) The 2025 California Energy Code, Part 6 of Title 24 of the California Code of Regulations and the Building Energy Efficiency Standards For Residential and Nonresidential Buildings, are adopted and enacted, as the Energy Building Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Energy Code. (B) One copy of the 2025 California Energy Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 16. ADOPTION OF THE CALIFORNIA WILDLAND-URBAN INTERFACE CODE § 150.190 ADOPTION OF CALIFORNIA WILDLAND-URBAN INTERFACE CODE (A) The 2025 California Wildland-Urban Interface, Part 7 of Title 24 of the California Code of Regulations, are adopted and enacted, as the California Wildland-Urban Interface Code of the City of Baldwin Park and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the California Wildland-Urban Interface Code. (B) One copy of the 2025 California Wildland-Urban Interface Code has been filed for use and examination of the public in the Office of the City Clerk of the city. Part 17. ADOPTION OF THE CALIFORNIA HISTORICAL BUILDING CODE § 150.200 ADOPTION. (A) The 2025 California Historical Building Code, Part 8 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary Historical Building Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Historical Building Code. (B) One copy of the 2025 California Historical Building Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 18. ADOPTION OF THE CALIFORNIA EXISTING BUILDING CODE Exhibit A to Ordinance No. 1519 Page 41 of 54 § 150.210 ADOPTION. (A) The 2025 California Existing Building Code, Part 10 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary Existing Building Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Existing Building Code. (B) One copy of the 2025 California Existing Building Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 19. ADOPTION OF THE CALIFORNIA REFERENCED STANDARDS CODE § 150.220 ADOPTION. (A) The 2025 California Referenced Standards Code, Part 10 of Title 24 of the California Code of Regulations, is hereby adopted and enacted as the primary Referenced Standards Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Referenced Standards Code. (B) One copy of the 2025 California Referenced Standards Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. Part 20. ADOPTION OF THE CALIFORNIA FIRE CODE WITH LOS ANGELES COUNTY FIRE CODE AMENDMENTS § 150.225 ADOPTION (A) The 2026 Los Angeles County Fire Code and the 2025 California Fire Code, Part 9 of Title 24 of the California Code of Regulations, are hereby adopted and enacted as the primary Fire Code of the City of Baldwin Park, and made part of this Code by reference with the same force and effect as if fully set forth herein and shall be known as the Baldwin Park Fire Code. (B) One copy of the 2025 California Fire Code, Part 9 of Title 24 of the California Code of Regulations and 2026 Los Angeles County Fire Code has been filed for use and examination of the public in the Office of the City Clerk of the City of Baldwin Park. HOUSE MOVING § 150.230 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BUILDING. Any structure having a roof supported by columns or by walls, and intended for the shelter, housing or enclosure of persons, animals, chattels or property of any kind. Exhibit A to Ordinance No. 1519 Page 42 of 54 DIRECTOR. The Director of Public Works or his authorized representative. HOUSE MOVING PERMIT. A permit issued upon an application to allow the movement of a building or structure in, over, or upon any public street or public property within the city. PERMIT. A permit issued pursuant to the provisions of this chapter allowing a person to have a building or structure in and along any public or private street in the city. RELOCATE or RELOCATION. The temporary or permanent relocation of any building or structure upon any property located within the city. STRUCTURE. Anything constructed or erected requiring a fixed location on the ground or is attached to some object having a fixed location on the ground. § 150.231 PERMITS. (A) Required. No person shall move any building or structure in or along any public or private street within the city, without first obtaining a permit in the manner set forth in this subchapter. (B) Application; information required. To obtain a permit, the applicant shall first file an appli- cation therefor in writing on a form furnished for that purpose by the Director. Every such application shall contain the following information: (1) The present location of the building or structure to be moved. (2) The address and legal description of the land to which the building or structure is to be moved. (C) Filing fee. Prior to or at the time of filing an application for a permit, the filing and processing fee as prescribed by City Council resolution shall be paid by the applicant to cover the reasonable cost of investigations and other services required by the city pursuant to this chapter. § 150.232 INVESTIGATION OF APPLICATION. The Director, upon receipt of application for a permit shall make all necessary investigations to determine whether the building or structure may be moved safely in and along the proposed route. The application shall also be examined and reviewed by other departments of the city to ensure that the proposed route is safe. § 150.233 APPEAL TO COUNCIL. Any person dissatisfied with the determination of the Director with reference to a permit shall have the right of appeal to the City Council, taken in the time and manner set forth in § 30.04 of this code. Exhibit A to Ordinance No. 1519 Page 43 of 54 § 150.234 EXCEPTION. A permit shall not be required pursuant to this subchapter for the transportation into or the use within the city, of any temporary building and/or structure if such transport and use is expressly permitted or required by other applicable laws or regulations, such as for construction offices, portable sanitation facilities, bleacher seats, construction barricades and the like and for use, and if used only in connection with a construction project or other temporary activity which can lawfully be conducted within the city. § 150.235 INSURANCE REQUIRED. The person named in the application as the person who will move the building or structure to be moved shall furnish evidence of public liability and property damage insurance in an amount to be approved by the Director. The city shall be named as co-insured in this policy. § 150.236 CONDITIONS OF APPROVAL. Upon such an application being made and the fee being paid, the Director shall issue a permit if he finds that compliance with this chapter shall be had, and that the route is feasible and will not pose a threat to vehicular and/or pedestrian traffic. The Director may, where circumstances warrant, condition permit approval, so as to ensure compliance with the pro- visions of this subchapter, including, but not limited to, a good and sufficient surety or a cash deposit in an amount to be determined by the Director to protect the city against damage to public property. The permit shall describe the streets along and over which the building shall be moved and the days and hours for such moving. § 150.237 BUILDING RELOCATION. (A) Prohibition. No person shall relocate a building or structure, or cause or permit the relocation of a building or structure, from any location without the city's boundaries to a location within the city's boundaries. (B) Structures which may be relocated. No person shall relocate a building or structure, or cause or permit the relocation of a building or structure, from any location within the city's boundaries to any other location within the city's boundaries unless all of the following requirements are met. (1) The structure is a detached single family residential structure (which may include its associated accessory structures); (2) The structure is currently existing and located within the city. (3) The structural integrity of the structure has not been compromised and has been certified by a City Inspector. Exhibit A to Ordinance No. 1519 Page 44 of 54 (4) The applicant has demonstrated that there exists an involuntary and external hardship that necessitates the move of the structure. Economic hardship and financial speculation do not constitute hardship for this purpose. (5) The applicant has demonstrated there is an imminent threat of demolition of the structure. (6) The relocation of the structure will not cause a non-conforming situation. (7) The relocation of the structure will not require any deviations from applicable development standards. (C) Process for approval. A structure proposed for relocation shall be treated as a new structure and all approvals required for new construction shall first be obtained and all applicable fees paid before a house moving permit may be issued. (D) Fees. Fees to obtain approval to relocate a building within the city shall be as established by resolution of the City Council. § 150.238 EXCEPTION. The provisions of this subchapter shall not apply to new modular or prefabricated buildings or structures. VACANT AND ABANDONED PROPERTY REGISTRATION § 150.250 PURPOSE; SCOPE. It is the purpose and intent of the City Council, through the adoption of this subchapter, to establish an abandoned or vacant property registration program as a mechanism to protect neighborhoods and commercial areas from becoming blighted through the lack of adequate maintenance and security of abandoned and vacated properties. § 150.251 DEFINITIONS. For the purposes of this subchapter, certain words and phrases used in this subchapter are defined as follows: ABANDONED. A property that is: (1) Vacant; (2) Under a current notice of default; (3) Pending a tax assessor’s lien sale; Exhibit A to Ordinance No. 1519 Page 45 of 54 (4) Under a notice of trustee’s sale; (5) Has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or (6) Has been transferred under a deed in lieu of foreclosure. ACCESSIBLE PROPERTY. A property that is accessible through a compromised/breached window, gate, fence, wall, etc. ACCESSIBLE STRUCTURE. A structure/ building that is unsecured or breached in such a way as to allow access to the interior space by unauthorized persons. AGREEMENT. Any agreement or written instrument which provides that title to residential property shall be transferred or conveyed from one owner to another owner after the sale, trade, transfer or exchange. ASSIGNMENT OF RENTS. An instrument that transfers the beneficial interest under a deed of trust from one lender/entity to another. BENEFICIARY. A lender or holder of a note secured by a deed of trust. BENEFICIARY/TRUSTEE. Both the beneficiary and the trustee. When any act is required of the beneficiary/trustee by this subchapter, both are responsible for performing such act and may be charged with a violation of this code for failure to act. However, it is sufficient if it is accomplished by either one. If information is required to be provided, they both must provide such information. BUYER. Any person, co-partnership, association, corporation, or fiduciary who agrees to transfer anything of value in consideration for property described in an agreement of sale, as defined in this Section. DAYS. Consecutive calendar days. DEED IN LIEU OF FORECLOSURE/SALE. A recorded document that transfers ownership of a property from the trustor to the holder of a deed of trust upon consent of the beneficiary of the deed of trust. DEED OF TRUST. An instrument by which title to real estate is transferred to a third party trustee as security for a real estate loan and often used in California instead of a mortgage. This definition applies to any and all subsequent deeds of trust, i.e., second trust deed, third trust deed, etc. DEFAULT. The failure to fulfill a contractual obligation, monetary or conditional. Exhibit A to Ordinance No. 1519 Page 46 of 54 DISTRESSED. A property that is under a current notice of default or notice of trustee’s sale and/or pending tax assessor’s lien sale or has been foreclosed upon by the trustee or has been conveyed to the beneficiary/trustee via a deed in lieu of foreclosure/sale. EVIDENCE OF VACANCY. Any condition that on its own or combined with other conditions present would lead a reasonable person to believe that the property is vacant and not occupied by authorized persons. Such conditions include, but are not limited to, overgrown or dead vegetation, accumulation of newspapers, circulars, flyers or mail, past due utility notices and/or disconnected utilities, accumulation of trash, junk or debris, the absence of window coverings such as curtains, blinds and/or shutters, the absence of furnishings or personal items consistent with residential habitation, or statements by neighbors, passersby, delivery agents, government employees the property is vacant. FORECLOSURE. The process by which a property, placed as security for a real estate loan, is sold at auction to satisfy the debt if the trustor (borrower) defaults. LOCAL. Within 40-road/driving miles distance of the subject property. NEIGHBORHOOD STANDARD. Those conditions that are present on a simple majority of properties within a 300-foot radius of an individual property. A property that is the subject of a neighborhood standard comparison, or any other abandoned property within the 300-foot radius, shall not be counted toward the simple majority. NOTICE OF DEFAULT. A recorded notice that a default has occurred under a deed of trust and that the beneficiary intends to proceed with a trustee’s sale. OUT OF AREA. In excess of 40-road/driving miles distance of the subject property. OWNER. Any person, co-partnership, association, corporation or fiduciary having a legal or equitable title or any interest in any real property. OWNER OF RECORD. The person having recorded title to the property at any given point in time the record is provided by the Los Angeles County Recorder’s Office. PROPERTY. Any unimproved or improved real property, or portion thereof, situated in the city and includes the buildings or structures located on the property regardless of condition. RESIDENTIAL BUILDING. Any improved real property, or portion thereof, situated in the city, designed or permitted to be used for dwelling purposes, and shall include the buildings and structures located on such improved real property. This includes any real property being offered for sale, trade, transfer, or exchange as “residential” whether or not it is legally permitted and/or zoned for such use. RESPONSIBLE PERSON. Any person, partnership, association, corporation, or fiduciary having legal or equitable title to or any interest in any real property and includes trustees and beneficiaries of a deed of trust on the property and any other lien holder on the property. Exhibit A to Ordinance No. 1519 Page 47 of 54 SECURING. Such measures as may be directed by the Planning Manager or his or her designee that assist in rendering the property inaccessible to unauthorized persons, including but not limited to the repairing of fences and walls, chaining/padlocking of gates, the repair or boarding of door, window and/or other openings. Boarding shall be completed to a minimum of the current HUD securing standards at the time the boarding is completed or required. TRUSTEE. The person, firm or corporation holding a deed of trust on a property. TRUSTOR. A borrower under a deed of trust, who deeds property to a trustee as security for the payment of a debt. VACANT. A building/structure that is not legally occupied. ( § 150.252 RECORDATION OF TRANSFER OF LOAN/DEED OF TRUST/ASSIGNMENT OF RENTS. Within ten days after the purchase or transfer of a loan/deed of trust secured by residential property the new beneficiary/trustee shall record, with the Los Angeles County Recorder's Office, an assignment of rents, or similar document, that lists the name of the corporation, and/or individual, the mailing address and contact phone number of the new beneficiary/ trustee responsible for receiving payments associated with the loan/deed of trust. § 150.253 REGISTRATION. Any beneficiary/trustee who holds a deed of trust secured by a property located within the city which is abandoned shall, within ten days, register the property with the Planning Manager, or his/her designee, on forms provided by the city. (A) If the property is occupied but remains in default, then it shall be inspected by the beneficiary/trustee, or an agent/designee of the beneficiary/ trustee and shall be deemed abandoned, and the beneficiary/trustee shall, within ten days register the property with the Planning Manager, or his/her designee, on forms provided by the city. (B) The beneficiary/trustee shall also register any property which becomes vacant after a foreclosure sale where the title was transferred to the beneficiary of a deed of trust involved in the foreclosure and any property which becomes vacant after being transferred under a deed in lieu of foreclosure/sale. (C) Such registration shall contain the following information for both the beneficiary and the trustee: name (corporation or individual); the street/office address (not a P.O. box) and if different, the mailing address; a direct contact name and phone number for the person handling the deed of trust and/or foreclosure; and, in the case of a corporation or out-of-area beneficiary or trustee, the local property manager responsible for the security, marketing and maintenance of the property. Exhibit A to Ordinance No. 1519 Page 48 of 54 (D) The annual registration fee established by City Council resolution, shall accompany the registration form. The fee and registration shall be valid for the calendar year, or remaining portion of the calendar year, in which the registration was initially required. Subsequent registrations and fees are due January 1 of each year and must be received no later than January 31 of the year due. (E) Persons required to register properties pursuant to this subchapter shall keep such properties registered and all required information updated, comply with the annual registration requirement and all of the security and maintenance requirements of this subchapter for the entire time such properties remain vacant. When such properties become occupied or title is transferred, the beneficiary/trustee or prior responsible person shall notify the Planning Manager, or her or his designee in writing. (F) Any person, firm or corporation required to register a property pursuant to this subchapter must report any change of information contained in the registration within ten days after the change. § 150.254 INSPECTION AND REGISTRATION OF PREVIOUSLY ABANDONED PROPERTIES. Any beneficiary/trustee who holds a deed of trust on a property located within the city, which property, on or before May 15, 2009 is: under a current notice of default; under a current notice of trustee's sale; pending a tax assessor's lien sale; has been the subject of a foreclosure sale where the title was retained by the beneficiary of a deed of trust involved in the foreclosure; or has been transferred under a deed in lieu of foreclosure/sale, shall, on or before July 14, 2009, perform an inspection of the property that is the security for the deed of trust. If the property is found to be vacant or shows evidence of vacancy, then it is, by this subchapter, deemed abandoned and the beneficiary/trustee shall, within ten days after the inspection, register, on forms provided by the city, the property with the Planner Manager or her or his designee. § 150.255 MAINTENANCE REQUIREMENTS. Responsible persons, including beneficiaries/ trustees, shall maintain properties subject to inspection or registration pursuant to this subchapter, and any other applicable provisions of federal, state or local law, and shall keep such properties free of weeds, dry brush, dead vegetation, trash, junk, debris, building materials, any accumulation of newspapers, circulars, flyers, notices, except those required by federal, state or local law, discarded personal items including but not limited to furniture, clothing, large and small appliances, or printed material and shall take any other action necessary to prevent giving the appearance the property is abandoned, including but not limited to the following: (A) The property shall be kept free of graffiti, tagging or similar markings by removal or painting over with an exterior grade paint that matches the color of the exterior of the structure. (B) Front and side yards visible from the public rights-of-way or neighboring private or public property shall be landscaped and maintained in accordance with city requirements and the neighborhood standard applicable at the time registration was required. Exhibit A to Ordinance No. 1519 Page 49 of 54 (C) Permitted landscaping includes, but is not limited to, grass, ground covers, bushes, shrubs, hedges or similar plantings, decorative rock or bark or artificial turf/sod designed specifically for residential installation. (D) Permitted landscaping does not include weeds, gravel, broken concrete, asphalt, decomposed granite, plastic sheeting, indoor-outdoor carpet or any similar material. (E) Required maintenance includes but is not limited to regular watering, irrigation, cutting, pruning and mowing of required landscape and removal of all trimmings. (F) Pools and spas shall be kept in working order so the water remains clear and free of pollutants and debris or drained and kept dry. In either case properties with pools and/or spas must comply with the minimum security fencing requirements of the State of California. (G) Adherence to this Section does not relieve the beneficiary/trustee or property owner of any obligations set forth in any covenants, conditions and restrictions and/or homeowners' association rules and regulations which may apply to the property. § 150.256 SECURITY REQUIREMENTS. Responsible persons, including beneficiaries/ trustees, shall secure properties subject to inspection and/or registration pursuant to this subchapter, in a manner to prevent access by unauthorized persons, including but not limited to the following: the closure and locking of windows, doors (walk-through, sliding and garage), gates and any other opening of such size that it may allow a child to access the interior of the property and or structure(s). In the case of broken windows securing means the re-glazing or boarding of the window. Responsible persons shall do the following: (A) If the responsible person is a corporation and/or out-of-area beneficiary/trustee/owner, a local property manager shall be hired to perform weekly inspections to verify that the requirements of this subchapter, and any other applicable laws, are being met. (B) The property shall be posted with the name and 24-hour contact phone number of the local property manager. The posting shall be no less than 18 inches by 24 inches and shall be of a font that is legible from a distance of 45 feet and shall contain, along with the name and 24-hour contact number, the words "THIS PROPERTY MANAGED BY", "TO REPORT PROBLEMS OR CONCERNS CALL (name and phone number)" and "IF NO RESPONSE WITHIN 48 HOURS, CONTACT CODE ENFORCEMENT AT (626) 813-5238." The posting shall be placed on the interior of a window facing the street to the front of the property so it is visible from the street, or secured to the exterior of the building/ structure facing the street to the front of the property so it is visible from the street or, if no such area exists, on a stake of sufficient size to support the posting in a location that is visible from the street to the front of the property but not readily accessible to vandals. Exterior posting must be constructed of and printed with weather- resistant materials. Exhibit A to Ordinance No. 1519 Page 50 of 54 (C) The responsible person or local property manager shall inspect the property on a weekly basis to determine if the property is in compliance with the requirements of this subchapter. § 150.257 ADDITIONAL AUTHORITY. In addition to the enforcement remedies established in Chapters 10, 15 and 95 of this Code, the Planner Manager, her or his designee, shall have the authority to require the responsible person of any property affected by this Section to implement additional maintenance and security measures, including, but not limited to, securing each door, window or other opening, installing additional security lighting, increasing on-site inspection frequency, employment of an on-site security guard, disconnecting utilities and removing the meter boxes, or other measures as may be reasonably required to arrest the decline of the property and prevent unauthorized entry. § 150.258 ENFORCEMENT. Violations of this subchapter may be enforced as allowed in Chapters 10, 15 and 95 of this Code or any combination thereof. § 150.259 VIOLATION; PENALTY. Violations of this subchapter shall be treated as a strict liability offense regardless of intent. Any person, firm or corporation that violates any portion of this subchapter shall be subject to prosecution and administrative enforcement as provided in Chapters 10 and 15 of this Code and subject to the penalties set forth therein. It shall constitute a new and separate offense for each and every day during any portion of which a violation of, or failure to comply with, any provision or requirement of this subchapter is committed, continued, or permitted by any person, and such person shall be punished accordingly. § 150.260 FEES. The fee for registering an abandoned residential property shall be set by resolution of the City Council. § 150.261 APPEALS. Any person aggrieved by any of the requirements of this subchapter may appeal insofar as such appeal is allowed in Chapter 15 or 95 of this Code. Page 1 / 2 ITEM NO: 4. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr, Chief Executive Officer Okina Dor, Director of Community Development PREPARED BY: Long T Tang, PE Building Official DATE: December 3, 2025 SUBJECT: Contract Extension for Three Firms, JLee Engineering, RKA Consulting Group, and Willdan Engineering, to Provide As-Needed Building Plan Check and Inspection Services SUMMARY: This report requests the City Council to approve a single three-year contract extension for three separate firms, JLee Engineering, RKA Consulting Group, and Willdan, to provide as-needed Building plan check and inspection services. RECOMMENDED ACTION: It is recommended that the City Council: 1. Approve three-year contract extensions for the three separate firms listed below to be used for As-Needed Building Plan Check and Inspection Services; and 2. Authorize the Director of Finance to make the appropriation and necessary budget adjustments; and 3. Authorize the Mayor to execute agreements with each of the three firms, with a term ending December 31, 2028, and up to $50,000 annually in compensation, for the purpose of providing Building plan check and inspection services on an as-needed basis. Consultant Location JLee Engineering, Inc. Alhambra, CA RKA Consulting Group Walnut, CA Willdan Engineering San Bernardino, CA FISCAL IMPACT: The department has currently allotted $50,000 in the annual budget for these services. Expenditures in past years have not exceeded this amount and are not expected to do so. Even though three firms will be contracted to provide the services, the total amount paid to all firms combined will not exceed $50,000 per year. BACKGROUND: The Building and Safety Division of the City issues permits, provide plan check services and inspections of all privately funded construction projects in the City. The division has five staff members. In August 2022, staff issued a Request for Proposals (RFP) for As-Needed Building Plan Check and Inspection. Thirteen firms submitted their proposals in response to the RFP. The proposals were evaluated by a panel of three staff members consisting of the Building Official, the Associate Planner, and the Associate Civil Engineer. JLee Engineering, RKA Consulting Group, and Willdan Engineering were selected as the top three Page 2 / 2 firms based on the scores they received from the evaluation. Subsequently, the City Council approved the three firms to serve as consultants for the Building and Safety Division at the October 5, 2022, meeting. Since January 1, 2023, the division has contracted with all three of abovementioned firms to provide plan check and inspection services on an as-needed basis. These services are utilized when City staff members are out on leave or when workloads exceed a level that prevents the ability to respond and provide timely services. The current service agreements between the City and the three firms expire December 31, 2025. With these upcoming agreements, if approved by the City Council, there will be a couple changes from the January 2023 executed agreements. Firstly, the new format of the agreements will utilize the Professional Service Agreement document recently approved by the City Attorney. Secondly, the agreements will include an updated fee schedule from each of the consultants. Though some of the items in their fees schedule may show a dramatic increase from their 2023 schedules, the fee items that serve our needs (plans checks and inspections) are reasonable and competitive among the consultants. For comparison, the 2023 agreements for all three firms, labeled as Exhibit ‘B’, are included herein for City Council’s review. DISCUSSION: None ALTERNATIVES: The City Council may decide to reject the contract extension request and direct staff to seek new proposals from different consultants for the services. CEQA REVIEW: These actions are exempt from review under the California Environmental Quality Act (California Public Resources Code §§ 2100, et seq., “CEQA”) and CEQA regulations (14 California Code of Regulations §§ 15000, et seq.) LEGAL REVIEW: This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS: 1. EXHIBIT A - 2026 Professional Service Agreement 2. EXHIBIT B - 2023 Professional Service Agreement Exhibit ‘A’ 2026 Professional Service Agreements for JLee Engineering CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT WITH _____________________________ THIS AGREEMENT is made and entered into this 1st day of January, 2026 (“Effective Date”), by and between the CITY OF BALDWIN PARK, a municipal corporation (“City”), and JLee Engineering INC., a California corporation (“Consultant”). W I T N E S S E T H: A.WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide as-needed building plan check and inspection services, as more fully described herein; and B.WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C.WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit “I” (“Scope of Services”) and desire to set forth their rights, duties, and liabilities in connection with the services to be performed; and D.WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in Exhibit “I” (“Scope of Services”). 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be made by the Chief Executive Officer or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a)Meet with Consultant to review the quality of the work and resolve the matters of concern; (b)Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c)Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “II” (“Schedule of Compensation”). Consultant’s total compensation shall not exceed fifty thousand dollars ($50,000) annually, unless authorized. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described “Scope of Services”, an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 10% of the total contract sum. The Chief Executive Officer is authorized to approve a Change Order for such additional services. Where the original contract is $100,000.00 or less, City Council approval shall be required prior to any increase bringing the total compensation to more than $100,000.00. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “I” (“Scope of Services”). . 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on December 31, 2028, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should: a.Be adjudged a bankrupt; b.Become insolvent or have a receiver of its assets or property appointed because of insolvency; c.Make a general assignment for the benefit of creditors; d.Default in the performance of any obligation or payment of any indebtedness under this Agreement; e.Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or f.Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Insurance. The Consultant and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, insurance as set forth in Exhibit “III” (“Certificate of Insurance”). attached hereto and incorporated herein by this reference. Neither the City nor any of its officers, officials, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate. 5.2. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit “III” (“Certificate of Insurance”). and incorporated herein by this reference. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Chief Executive Officer or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence, or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. (A)IF TO CONSULTANT: JLee Engineering INC. 430 S. Garfield Ave., Suite 301, Alhambra, CA 91801 Tel: (626) 284-8906 Attn: Jae Lee, PE (B)IF TO CITY: City of Baldwin Park 14403 Pacific Ave Baldwin Park, CA 91706 Tel: 626-960-4011 Attn: Community Development Director 6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties h ereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8. Indemnification and Hold Harmless. Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant’s sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connected with the performance of the Consultant, its employees, and/or authorized subcontractors’ work undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.12. Ownership of Documents. All findings, reports, documents, information, and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files, and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes, or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents. 6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.14. Conflict of Interest. Consultant and its officers, employees, associates, and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates, and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement. 6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City’s Request for Proposals, the Consultant’s Proposal. 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF BALDWIN PARK, A municipal corporation __________________________________ Date: ________________________ Alejandra Avila Mayor ATTEST: ________________________________ Christopher Saenz City Clerk CONSULTANT: __________________________________ Date: ________________________ Signature __________________________________ Name and Title __________________________________ Taxpayer ID Number APPROVED AS TO FORM: __________________________________ Christian L. Bettenhausen City Attorney Exhibit ‘A’ 2026 Professional Service Agreements for JLee Engineering EXHIBIT I SCOPE OF SERVICES 1.Provide building inspections of all trades based on the requirements of the California CCR Title 24. 2.Provide plan check services based on the requirements of the California CCR Title 24 with a maximum turnaround time of seven (7) calendar days for expedited services and fourteen (14) working days for standard services. 3.Provide required record keeping of inspections. 4.Provide required record keeping of plans checks. 5.Be available to meet with staff and/or applicant to resolve any issue that may arise from inspections. 6.Be available via telephone if any question or issue arises from inspections and plan checks. 7.Retrieve and return paper plans and associated documents. EXHIBIT II SCHEDULE OF COMPENSATION EXHIBIT III CERTIFICATE OF INSURANCE Exhibit ‘A’ 2026 Professional Service Agreements for RKA Consulting Group CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT WITH _____________________________ THIS AGREEMENT is made and entered into this 1st day of January, 2026 (“Effective Date”), by and between the CITY OF BALDWIN PARK, a municipal corporation (“City”), and RKA Consulting Group, a California corporation (“Consultant”). W I T N E S S E T H: A.WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide as-needed building plan check and inspection services, as more fully described herein; and B.WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C.WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit “I” (“Scope of Service”) and desire to set forth their rights, duties, and liabilities in connection with the services to be performed; and D.WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in Exhibit “I” (“Scope of Service”). 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be made by the Chief Executive Officer or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a)Meet with Consultant to review the quality of the work and resolve the matters of concern; (b)Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c)Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “II” (“Schedule of Compensation”). Consultant’s total compensation shall not exceed fifty thousand dollars ($50,000) annually, unless authorized. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described “Scope of Services”, an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 10% of the total contract sum. The Chief Executive Officer is authorized to approve a Change Order for such additional services. Where the original contract is $100,000.00 or less, City Council approval shall be required prior to any increase bringing the total compensation to more than $100,000.00. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “I” (the “Scope of Service”). 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on December 31, 2028, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should: a.Be adjudged a bankrupt; b.Become insolvent or have a receiver of its assets or property appointed because of insolvency; c.Make a general assignment for the benefit of creditors; d.Default in the performance of any obligation or payment of any indebtedness under this Agreement; e.Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or f.Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Insurance. The Consultant and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, insurance as set forth in Exhibit “III” (“Certificate of Insurance”) attached hereto and incorporated herein by this reference. Neither the City nor any of its officers, officials, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate. 5.2. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit “III” (“Certificate of Insurance”) and incorporated herein by this reference. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Chief Executive Officer or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence, or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. (A)IF TO CONSULTANT: RKA Consulting Group 398 Lemon Creek Drive, Suite E Walnut, CA 91789 (909) 594-9702 Attn: Raymond Tao, PE (B)IF TO CITY: City of Baldwin Park 14403 Pacific Ave Baldwin Park, CA 91706 Tel: 626-960-4011 Attn: Community Development Director 6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties h ereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8. Indemnification and Hold Harmless. Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant’s sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connected with the performance of the Consultant, its employees, and/or authorized subcontractors’ work undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.12. Ownership of Documents. All findings, reports, documents, information, and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files, and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes, or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents. 6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.14. Conflict of Interest. Consultant and its officers, employees, associates, and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates, and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement. 6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City’s Request for Proposals, the Consultant’s Proposal. 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF BALDWIN PARK, A municipal corporation __________________________________ Date: ________________________ Alejandra Avila Mayor ATTEST: ________________________________ Christopher Saenz City Clerk CONSULTANT: __________________________________ Date: ________________________ Signature __________________________________ Name and Title __________________________________ Taxpayer ID Number APPROVED AS TO FORM: __________________________________ Date: ________________________ Christian L. Bettenhausen City Attorney Exhibit ‘A’ 2026 Professional Service Agreements for RKA Consulting Group EXHIBIT I SCOPE OF SERVICES 1.Provide building inspections of all trades based on the requirements of the California CCR Title 24. 2.Provide plan check services based on the requirements of the California CCR Title 24 with a maximum turnaround time of seven (7) calendar days for expedited services and fourteen (14) working days for standard services. 3.Provide required record keeping of inspections. 4.Provide required record keeping of plans checks. 5.Be available to meet with staff and/or applicant to resolve any issue that may arise from inspections. 6.Be available via telephone if any question or issue arises from inspections and plan checks. 7.Retrieve and return paper plans and associated documents. EXHIBIT II SCHEDULE OF COMPENSATION EXHIBIT III CERTIFICATE OF INSURANCE Exhibit ‘A’ 2026 Professional Service Agreements for Willdan Engineering CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT WITH _____________________________ THIS AGREEMENT is made and entered into this 1st day of January, 2026 (“Effective Date”), by and between the CITY OF BALDWIN PARK, a municipal corporation (“City”), and Willdan Engineering, a California corporation (“Consultant”). W I T N E S S E T H: A.WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide as-needed building plan check and inspection services, as more fully described herein; and B.WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C.WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit “I” (“Scope of Services”) and desire to set forth their rights, duties, and liabilities in connection with the services to be performed; and D.WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0. SERVICES PROVIDED BY CONSULTANT 1.1. Scope of Services. Consultant shall provide the professional services described in Exhibit “I” (“Scope of Services”). 1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this Section. 1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be made by the Chief Executive Officer or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: (a)Meet with Consultant to review the quality of the work and resolve the matters of concern; (b)Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c)Terminate the Agreement as hereinafter set forth. 1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment; and all other Federal, State, and local laws and ordinances applicable to the services required under this Agreement. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement. 1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender, or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 1.6. Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement. 1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 2.0. COMPENSATION AND BILLING 2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “II” (“Schedule of Compensation”) (“Schedule of Compensation”). Consultant’s total compensation shall not exceed fifty thousand dollars ($50,000) annually, unless authorized. 2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant’s Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should the City request in writing additional services that increase the hereinabove described “Scope of Services”, an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services. Such increase in additional fees shall be limited to 10% of the total contract sum. The Chief Executive Officer is authorized to approve a Change Order for such additional services. Where the original contract is $100,000.00 or less, City Council approval shall be required prior to any increase bringing the total compensation to more than $100,000.00. 2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4. Records and Audits. Records of Consultant’s services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date. 3.0. TIME OF PERFORMANCE 3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit “I” (“Scope of Services”). 3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0. TERM AND TERMINATION 4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on December 31, 2028, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. 4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement. If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement. The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should: a.Be adjudged a bankrupt; b.Become insolvent or have a receiver of its assets or property appointed because of insolvency; c.Make a general assignment for the benefit of creditors; d.Default in the performance of any obligation or payment of any indebtedness under this Agreement; e.Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or f.Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs. 4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination within thirty-five (35) days after service of the notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits. 4.4. Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE 5.1. Insurance. The Consultant and all subcontractors, if any, shall procure and maintain, at its sole cost and expense, in a form and content satisfactory to City, during the entire term of this Agreement, including any extension thereof, insurance as set forth in Exhibit “III” (“Certificate of Insurance”) attached hereto and incorporated herein by this reference. Neither the City nor any of its officers, officials, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant. If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate. 5.2. Deductible or Self-Insured Retention. If any of such policies provide for a deductible or self-insured retention to provide such coverage, the amount of such deductible or self-insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self-insured retention. 5.3. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages, as well as providing the City with the required endorsements in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit “III” (“Certificate of Insurance”) and incorporated herein by this reference. 5.4. Non-limiting. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 6.0. GENERAL PROVISIONS 6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2. Representatives. The Chief Executive Officer or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3. Project Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant’s responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager. Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City. 6.4. Notices. Any notices, documents, correspondence, or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. (A)IF TO CONSULTANT: Willdan Engineering 650 E. Hospitality Lane, Suite 400 San Bernardino, CA 92408 (909) 915-4361 Attn: Patrick Johnson, PE (B)IF TO CITY: City of Baldwin Park 14403 Pacific Ave Baldwin Park, CA 91706 Tel: 626-960-4011 Attn: Community Development Director 6.5. Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties h ereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. 6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8. Indemnification and Hold Harmless. Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant’s sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connected with the performance of the Consultant, its employees, and/or authorized subcontractors’ work undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect. 6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.10. PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.12. Ownership of Documents. All findings, reports, documents, information, and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files, and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of this Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys’ fees, arising out of or resulting from City’s use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant. Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes, or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents. 6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.14. Conflict of Interest. Consultant and its officers, employees, associates, and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates, and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement. 6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. 6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City’s Request for Proposals, the Consultant’s Proposal. 6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CITY OF BALDWIN PARK, A municipal corporation __________________________________ Date: ________________________ Alejandra Avila Mayor ATTEST: ________________________________ Christopher Saenz City Clerk CONSULTANT: __________________________________ Date: ________________________ Signature __________________________________ Name and Title __________________________________ Taxpayer ID Number APPROVED AS TO FORM: __________________________________ Date: ________________________ Christian L. Bettenhausen City Attorney Exhibit ‘A’ 2026 Professional Service Agreements for Willdan Engineering EXHIBIT I SCOPE OF SERVICES 1. Provide building inspections of all trades based on the requirements of the California CCR Title 24. 2. Provide plan check services based on the requirements of the California CCR Title 24 with a maximum turnaround time of seven (7) calendar days for expedited services and fourteen (14) working days for standard services. 3. Provide required record keeping of inspections. 4. Provide required record keeping of plans checks. 5. Be available to meet with staff and/or applicant to resolve any issue that may arise from inspections. 6. Be available via telephone if any question or issue arises from inspections and plan checks. 7. Retrieve and return paper plans and associated documents. EXHIBIT II SCHEDULE OF COMPENSATION EXHIBIT III CERTIFICATE OF INSURANCE EXHIBIT 'B' - 2023 Service Agreement with JLee Engineering EXHIBIT 'B' - 2023 Service Agreement with RKA Consulting Group EXHIBIT 'B' - 2023 Service Agreement with Willdan Engineering Page 1 / 2 ITEM NO: 5. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Okina Dor, Director of Community Development PREPARED BY: Ryan Mulligan, Housing Manager DATE: December 3, 2025 SUBJECT: Ordinance No. 1522 Amendment to the Rent Stabilization Ordinance (RSO), Chapter 117 of the Baldwin Park Municipal Code Incorporating CPI-U Annual Adjustment Methodology and Determining the Matter is Exempt under CEQA SUMMARY: The City currently administers its rent-stabilization program pursuant to Chapter 117 of the Baldwin Park Municipal Code, as amended by Ordinance No. 1466, which introduced the allowable annual rent increase under the RSO up to five percent (5%) per twelve-month period. To ensure consistent, predictable annual adjustments and align the calculation method with a defined index framework, staff proposes to amend the RSO to adopt the following enhancements: Use the twelve-month percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim region, measured for the 12-month period from April to April each year. Apply the resulting allowable rent-increase percentage (subject to a cap) for the twelve-month period commencing the following August following that April 12-month period. Retain the cap of five percent (5%) in accordance with Ordinance 1466, and maintain a minimum of one percent (1%) if the CPI-U change is less than one percent. Codify the effective date of August 1 annually, thereby increasing transparency and facilitating planning for landlords, tenants and the City. RECOMMENDED ACTION: It is recommended that the City Council Introduce and Adopt Ordinance No. 1522 amending Chapter 117 of the Baldwin Park Municipal Code to clarify the Annual Rent Adjustment Methodology for Controlled Rental Units using the April 12-month CPI-U Index, with adjustments effective each August, and limiting rent Increases to the lesser of the CPI-U change or 5 percent. FISCAL IMPACT: There is no additional fiscal impact is expected from adoption of the amended methodology. BACKGROUND: On October 21, 2020, the City Council adopted Ordinance No. 1447 establishing the city’s Rent Stabilization Ordinance (RSO). The RSO was amended in 2021 by Ordinance No. 1466, which amended Chapter 11, Section 129 of the prior code, by increasing the maximum allowable rent increase from three percent (3%) to five percent (5%) per twelve-month period for controlled rental units in Baldwin Park. Currently, the RSO is located in Chapter 117 of the Baldwin Park Municipal Code. Page 2 / 2 The current code (Chapter 117) provides: • Landlord may increase rent based on CPI-U; the maximum increase is five percent (5%) per twelve-month period. • If the CPI-U is less than one percent (1%), the landlord may increase rent up to one percent (1%). • Coverage includes residential rental units built prior to January 1, 1995, with specified exemptions. • While the ordinance provides a five-percent ceiling, the annual published maximum for August 1, 2024 was 3.9%. However, the current code does not specify a fixed month from which the CPI-U data must be drawn (ex. April). That lack of specificity can cause planning uncertainty for landlords, tenants and staff. The proposed amendment addresses that gap by specifying April as the base-month for CPI-U measurement and August as the adjustment date. PROPOSED AMENDMENTS (key language summary) • Amend Section 117.04 (Maximum Allowable Rent Increases) to insert the following language: “For each controlled rental unit subject to this chapter, the allowable rent increase for the next twelve-month period shall be the lesser of: (1) the percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim area for the 12-month period from April to April; or (2) five percent (5%). Said allowable increase shall become effective on August following that April 12-month period of the current year and apply for the ensuing twelve-month period.” • Clarify that if the CPI-U change is less than one percent (1%), the minimum allowable rent increase remains one percent (1%) as authorized by the current code. DISCUSSION: None ALTERNATIVES: 1. Adjust the cap below five percent (5%) if Council desires a more conservative maximum. 2. Receive and file the report without action and maintain the status-quo methodology. CEQA REVIEW: None LEGAL REVIEW: This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS: 1. Proposed Ordinance No. 1522 - Amended BPMC 117 - Rent Stabilization ORDINANCE NO. 1522 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE XI, BUSINESS REGULATIONS, CHAPTER 117, RENTAL RATE INCREASES, SECTIONS 117.01, 117.04, 117.05, 117.06 AND 117.14 AND FINDING THE ACTION TO BE EXEMPT FROM CEQA WHEREAS, the City Council adopted Ordinance No. 1447 on October 21, 2020 , establishing a Rent Stabilization Ordinance to alleviate the hardship caused by the serious housing shortage and establishing procedures to regulate rentals in the City of Baldwin Park so that rents will not be increased unreasonably and so that landlords will receive no more than a fair return; and WHEREAS, on April 5, 2023, the City Council adopted Ordinance No. 1501 which, among other things, renumbered the Rent Stabilization Section of the Baldwin Park Municipal Code to Chapter 117; and WHEREAS, the current language in Chapter 117 lacks specificity in connection with the month for calculation of rental increases based on the CPI-U which causes planning uncertainty for landlords, tenants and staff. WHEREAS, the proposed amendment addresses that gap by specifying April as the base-month for CPI-U measurement and August as the adjustment date. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1: Section 117.01, Definitions, of the Baldwin Park Municipal Code is hereby amended as follows: § 117.01 DEFINITIONS. For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. BASE RENT CEILING. The maximum allowable rent established in § 129.04117.04. CONTROLLED RENTAL UNITS. All residential rental units in the City of Baldwin Park built prior to January 1, 1995, except those units exempt under one or more of the following provisions listed herein: (1) Single Family Residential real property that is alienable separate from the title to another dwelling can be sold independently from another property, including condominiums and townhomes; (2) Mobile homes established set up before 1990 regardless of ownership except mobile homes with long term leases of 12 months or more; 2 (3) Single structures with two separate dwelling units in which owner occupies one of the units; (4) Rental units in hotels, motels, inns, tourist homes and rooming and boarding houses which are rented primarily to transient guests for a period of less than 30 days; (5) Rental units in any hospital, convent, monastery, extended medical care facility, asylum, non-profit home for the aged, or dormitory owned and operated by an institution of higher education; (6) Rental units which a government unit, agency or authority owns, operates, manages, or in which governmentally subsidized tenants reside only if applicable federal or state law or administrative regulation specially exempt such units from municipal rent control. This includes “affordable housing” units and Section 8 housing; (7) Rental units and dwellings constructed after the adoption of this chapter October 21, 2020; this exemption does not apply to units created as a result of conversion; and (8) Where a unit is actually used for purposes of providing, on a non -profit basis, child care childcare or other residential social services in accordance with applicable laws. This exemption shall expire when the use upon which exemption is based ceases. This exemption shall only apply to units as they become vacant and shall only operate to allow the specified use without the necessity of obtaining a removal permit under this chapter. This exemption shall not be construed to authorize the eviction of any tenant nor to authorize the charging of rent in excess of that permitted in this chapter. The city may adopt regulations to determine whether a unit qualifies for an exemption under this section. HOUSING SERVICE. Housing services include, but are not limited to repairs, maintenance, painting, providing light, hot and cold water, elevator service, window shades and screens, storage, kitchen, bath and laundry facilities and privileges, janitor services, refuse removal, furnishings, telephone, parking, the right to have a specified number of occupants, and any other benefit, privilege or facility connected with the use or occupancy of any rental unit. Services to a rental unit shall include a propo rtionate part of services provided to common facilities of the building in which the rental unit is contained. LANDLORD. An owner, lessor, sublessor or any other person entitled to receive rent for the use and occupancy of any rental unit, or an agent, representative or successor of any of the foregoing. PROPERTY. All rental units on a parcel or lot or contiguous parcels or contiguous lots under common ownership. RECOGNIZED TENANT ORGANIZATION. Any group of tenants residing in controlled rental units in the same building or in different buildings operated by the same management company, agent or landlord, who requests to be so designated. 3 RENT. All periodic payments and all non-monetary consideration including but not limited to, the fair market value of goods or services rendered to or for the benefit of the landlord under an agreement concerning the use or occupancy of a rental unit and premises including all payment and consideration demanded or paid for parking, pets, furniture, subletting and security deposits for damages and cleaning. RENT CEILING. Rent ceiling refers to the limit on the maximum allowable rent which a landlord may charge on any controlled rental unit. RENTAL HOUSING AGREEMENT. An agreement, oral, written or implied, between a landlord and tenant for use or occupancy of a rental unit and for housing services. RENTAL UNITS. Any building, structure, or part thereof, or land appurtenant thereto, or any other rental property rented or offered for rent for living or dwelling house units, together with all housing services connected with use or occupancy of such property such as common areas and recreational facilities held out for use by the tenant. SINGLE-FAMILY HOME. A property that has been developed with only one one - family dwelling and any lawful accessory dwelling structures. For example, if a lot has a single-family home on it and a lawful accessory unit(s) on the property, the entire property including the accessory dwelling unit(s) would be considered a “single-family home” for purposes of this chapter. TENANT. A tenant, subtenant, lessee, sublessee or any other person entitled under the terms of a rental housing agreement to the use or occupancy of any rental unit. SECTION 2: Section 117.04, Maximum Allowable Rent Increases, of the Baldwin Park Municipal Code is hereby amended as follows: § 117.04 MAXIMUM ALLOWABLE RENT INCREASES. It shall be unlawful for any landlord to demand, accept or retain more than the maximum rent permitted pursuant to this section and this chapter. (A) Immediate temporary rent freeze. Rents shall be frozen at their current rate and shall not be increased during the 120-day period following the date of adoption of this chapter. (BA) Establishment of base rent ceiling. Beginning As of 120 days after the adoption of this chapter October 21, 2020, the original adoption of this chapter, no landlord shall charge rent for any controlled rental units in an amount greater than the rent in effect on the date one year prior to the adoption of this chapter. The rent in effect on that date is the “base rent ceiling.” If there was no rent in effect on the date one year prior to the adoption of this chapter, the base rent ceiling shall be the rent that was charged on the first date that rent was charged subsequent to the date one year prior to the adopt of this chapter. For tenancies commencing on or after the adoption of this chapter, which qualify for a vacancy rent increase pursuant to state law, the base rent ceiling is the initial rental rate in effect on the date the tenancy commences. As used in this division, the term “initial rental rate” means only the amount of rent actually paid by 4 the tenant for the initial term of the tenancy. The base rent ceiling is the reference point from which the rent ceiling may be adjusted upward, if applicable. (CB) Rent increases. Landlord may increase rent according to the United States Department of Labor, Bureau of Labor Statistics, Consumer Price Index for All Urban Consumers or CPI-U. The maximum increase in rent based on the CPI-U is 5% per 12- month period. Thus, the rent for any controlled unit shall not be increased more than 5% during any 12-month period. An increase made pursuant to this division shall establish a new “base rent ceiling” for the affected unit. For each controlled rental unit subject to this chapter, the allowable rent increase for the next twelve-month period shall be the lesser of: (1) the percentage change in the U.S. Bureau of Labor Statistics Consumer Price Index for All Urban Consumers (CPI-U) for the Los Angeles-Long Beach-Anaheim area for the 12-month period from April to April; or (2) five percent (5%). Said allowable increase shall become effective on August following that April 12 -month period of the current year and apply for the ensuing twelve-month period. (DC) Increases based on consumer price index of less than 1%. If the Consumer Price Index (CPI-U) is any number less than 1%, then the landlord may increase rent up to 1%. (ED) Posting. The landlord has a duty to post the maximum allowable rent prior to any increase. As soon as the landlord is aware of the maximum allowable rent, the landlord shall post it for each unit in a prominent place in or about the affected controlled units. The city may require that other information it deems relevant also be posted. (FE) Penalties for failure to post. The city shall notify a landlord of failure to post a notice in accordance with the provisions of this chapter. If a landlord fails to post the notice within seven days of city’s notification, the landlord shall pay a fine of $250 for each day after the seventh day that the landlord fails to post the notice. SECTION 3: Section 117.05, Petitions, of the Baldwin Park Municipal Code is hereby amended as follows: § 117.05 PETITIONS AND HEARING. (A) Petitions. Upon receipt of a petition by a landlord, based on the documentation provided pursuant to § 117.06 below, the rent of individual controlled rental units may be adjusted upward above the maximum allowable under § 117.04 in accordance with the procedures set forth in this section. The petition shall be on the form provided by the city and shall include a declaration by the landlord that the unit meets all requirements of this chapter, § 117.06, and is in compliance with all state laws on rent control. Notwithstanding any other provisions of this chapter, the city or hearing examiner may refuse to hold a hearing and/or grant a rent ceiling adjustment if an individual hearing has been held and decision made with regard to the maximum rent within the previ ous 12 months. (B) Hearing procedure. The city shall enact rules and regulations governing hearings and appeals of individual adjustment of ceilings on allowable rents. No hearings may be held for landlord/tenant disputes. That includes but is not limited to, disputes about 5 habitability, disputes about whether there was a payment of rent, disputes regarding whether the tenant has violated his or her lease and any other disputes that do not directly involve the provisions of this chapter. Notwithstanding any other provisions of this chapter, no hearing shall occur and/or grant of rent ceiling adjustment if an individual hearing has been held and decision made with regard to the maximum rent within the previous 12 months. (C) Hearing examiner officer. A hearing examiner officer may be the CEO or his or her designee. The hearing officer shall conduct a hearing to act upon the petition for individual adjustment of ceilings on allowable rents and shall have the power to administer oaths and affirmations. (D) Notice. The city shall notify the tenant of the receipt of such a petition and provide a copy thereof. (E) Time of hearing. The hearing officer shall notify all parties, as to the time, date and place of the hearing, which shall occur within sufficient time to meet the time for final decision in subsection (N) below. (F) Records. The hearing examiner officer may require either party to a rent adjustment hearing to provide it with any books, records and papers deemed pertinent in addition to that information contained in registration statements. The hearing examiner officer shall conduct a current building inspection and/or request the city to conduct a current building inspection if the hearing examiner officer finds good cause to believe the city's current information does not reflect the current condition of the controlled rental unit. The tenant may request the hearing examiner officer to order such an inspection prior to the date of the hearing. All documents required under this section shall be made available to the parties involved prior to the hearing at the office of the city. In cases where information filed in a petition for rent ceiling adjustment or in additional submissions filed at the request of the hearing examiner officer is inadequate or false, no action shall be taken on said petition until the deficiency is remedied. (G) Open hearings. All rent ceiling adjustment hearings shall be open to the public. (H) Right of assistance. All parties to a hearing may have assistance in presenting evidence and developing their position from attorneys, legal workers, recognized tenant organization representatives or any other persons designated by said parties. (I) Hearing record. The city shall make available for inspection and copying by any person an official record which shall constitute the exclusive record for decision on the issues at the hearing. The record of the hearing, or any part of one, shall be obtainable for the cost of copying. The record of the hearing shall include: all exhibits, papers and documents required to be filed or accepted into evidence during the proceedings; a list of participants present; a summary of all testimony accepted in the proceedings; a statement of all materials officially noticed; all recommended decisions; orders and/or rulings; all final decisions, orders and/or rulings, and the reasons for each final decision, order and/or ruling. Any party may have the proceeding tape recorded or otherwise transcribed at his or her own expense. 6 (J) Quantum of proof and notice of decision. No individual adjustment shall be granted unless supported by the preponderance of the evidence submitted at the hearing. All parties to a hearing shall be sent a notice of the decision and a copy of the findings of fact and law upon which said decision is based. At the same time, parties to the proceeding shall also be notified of their right to any appeal allowed by the city and/or to judicial review of the decision pursuant to this section. (K) Consolidation. All landlord petitions pertaining to tenants in the same building will be consolidated for hearing, and all petitions filed by tenants occupying the same building shall be consolidated for hearing unless there is a showing of good caus e not to consolidate such petitions. (L) Appeal. Any person aggrieved by the decision of the hearing examiner officer may appeal to the City Council. The aggrieved party shall file the request for an appeal with the City Clerk within ten days following the decision by the hearing officer. On appeal, the City Council shall affirm, reverse or modify the decision of the hearing examiner officer. The City Council may conduct a de novo hearing or may act on the basis of the record before the hearing examiner officer without holding a hearing. (M) Finality of decision. The decision of the hearing examiner officer or his or her designee shall be the final decision of the city in the event of no appeal to the City Council. The decision of the hearing examiner officer or his or her designee shall not be stayed pending appeal; however, in the event that the city City Council on appeal reverses or modifies the decision of the hearing examiner officer, the tenant, in the case of an upward adjustment in rent, shall be ordered to make retroactive payments to restore the parties to the position they would have occupied had the hearing examiner officer's decision been the same as that of the hearing examiner officer or his designee. (N) Time for decision. The rules and regulations adopted by the city shall provide for final action on any individual rent adjustment petition within 120 days, following the date of filing of the individual rent adjustment petition. (O) Hearing examiner officer hearing required. All hearings on an individual petition for rent adjustment must first be heard by a hearing examiner officer. SECTION 4: Section 117.06, Fair and Reasonable Rent, of the Baldwin Park Municipal Code is hereby amended as follows: § 117.06 FAIR AND REASONABLE RENT. If the landlord is operating in a negative cash flow due to existing rents and allowable costs/expenses, then upon petition and hearing as set forth in § 117.05, to the City Council, the hearing officer, or the City Council on appeal, may make a determination on the “fair and reasonable rent” based on a request from and documentation provided by the landlord. The request must be made in writing, describing all facts to the negative cash flow, provide any documents to be considered by the hearing officer or the City Council, and be on an approved form the city will provide provided by the city. The allowable costs and expenses will be decided by the hearing officer or the City Council in 7 its their sole discretion. Upon appeal, tThe City Council’s decision will be final. For a petition under this section, the hearing process and procedures under § 117.05 will apply. SECTION 5: Section 117.14, Just Cause, of the Baldwin Park Municipal Code is hereby amended as follows: § 117.14 JUST CAUSE EXCEPTION. By petition to the City Council as set forth in § 117.05, any landlord may seek a rent increase above 3% based on providing “just cause” for the increase. The CEO or his or her designee hearing officer will decide any “just cause” exception. Any “just cause” exception must be approved by the CEO or his or her designee hearing officer based on a written request from the landlord. The landlord must provide a factual basis in writing to the City Council describing all facts of the “just cause” increase and any documents to be considered. The landlord may appeal the decision of the CEO or his or her designee hearing officer to the City Council. The City Council’s decision will be final. For a petition under this section, the hearing process and procedures under § 117.05 will apply. SECTION 6: The City Council finds that this Ordinance is not subject to California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), Section 15061(b)(3) (it will not have a significant impact on the environment) and Section 15308 (actions by regulatory agencies for the protection of the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the subject ordinance has no potential for resulting in any significant physical change to the environment, either directly or indirectly. SECTION 7: If any section, subsection, subdivision, sentence, clause, phrase or portion of this Ordinance, is for any reason held to be invalid or unconstitutional by the decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have adopted this Ordinance and each section, subsection, subdivision, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sec tions, subsections, subdivisions, sentences, clauses, phrases, or portions thereof be declared invalid or unconstitutional. SECTION 8: To the extent the provisions of the Baldwin Park Municipal Code as amended by this Ordinance are substantially the same as the provisions of that Code as they read immediately prior to the adoption of this Ordinance, then those provisions shall be construed as continuations of the earlier provisions and not as new enactments. SECTION 9: This Ordinance takes effect 30 days after its adoption . SECTION 10: The City Clerk shall cause this ordinance to be published and/or posted in accordance with state law and shall certify to the adoption of this ordinance and shall place this ordinance in the original book of ordinances on file in the City Clerk’s Office. 8 PASSED AND APPROVED on the ____________. ______________________________ ALEJANDRA AVILA MAYOR ATTEST: __________________________ 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 No. 1522 was introduced at a regular meeting of the City Council held on December 3, 2025, and was adopted by the City Council at its regular meeting held on ______________, by the following vote of the Council: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ________________________________ CHRISTOPHER SAENZ CITY CLERK Page 1 / 2 ITEM NO: 6. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Okina Dor, Director of Community Development Robert A Lopez, Chief of Police PREPARED BY: Jesus Astorga-Rios, Associate Planner DATE: December 3, 2025 SUBJECT: Approval of a Contract with RRM Design Group to Prepare Pre-Approved Accessory Dwelling Unit Construction Plans SUMMARY: This report requests the City Council approve a contract with RRM Design Group to begin preparing construction plans for City-sponsored, pre-approved ADU plans to be made available to the public at no cost. RECOMMENDED ACTION: It is recommended that the City Council: 1. Award a contract to RRM Design Group to prepare construction plans for City-sponsored pre-approved ADU plans; 2. Authorize the Mayor, or designee, to execute the attached agreement with RRM Design Group to provide consulting services in an amount not to exceed $65,000; and 3. Authorize the Director of Finance to appropriate $65,000 from Fund 235-General Plan Fees and make necessary budget adjustment. FISCAL IMPACT: There is no fiscal impact on the General Fund. The proposed Professional Services Agreement with RRM for this project is $65,000. The funding source for this project will be paid from Fund 235 – General Plan Fees. BACKGROUND: To facilitate in the production of new, high-quality Accessory Dwelling Unit (“ADU”) developments, the City Council has expressed a desire to obtain pre-approved construction plans that would be offered free-of-charge to homeowners. Similar programs have been adopted in neighboring Southern California cities, such as Rosemead, Menifee and Pasadena, with each set of pre-approved construction plans being tailor-made to reflect the architectural character and details that properties strive to preserve with any new housing development being proposed within each City’s historically residential neighborhoods. On January 15, 2025, City Staff provided a report to the City Council requesting direction on publishing a Request for Proposals (“RFP”) for professional design services to create a package of City-sponsored pre-approved ADU construction plans. City Staff were advised by the City Council to obtain conceptual plans from prospective design firms and report back to the City Council for their input prior to proceeding with recommendation for award of contract. DISCUSSION: On September 11th, 2025, Staff published, via PlanetBids, a Request for Proposals (RFP) for qualified firms to provide ADU Conceptual Plans as well as for the drafting of full construction drawings for pre-approved ADU Plans. Proposals were due on October 9th, 2025. The City received proposals from 5 firms (See Table #1 Below). Page 2 / 2 Upon an initial review of the submitted bid packages, City Staff reached out to all individual firms who submitted prior to the initial due date and provided an additional opportunity to revisit their initial submittals, with the new cut-off date for revised proposals being November 4th, 2025. EVALUATION AND SELECTION OF CONSULTANT The proposals were evaluated by a team comprised of three City staff members. The proposals were evaluated for completeness; relevant experience; qualifications and experience of key individuals and project team capacity; understanding of the scope of services; quality of conceptual designs submitted as a part of their bid package; and project schedule. Project cost was not taken into consideration when evaluating each proposal, and is provided in Table #1 for reference only. Based upon the evaluations, the evaluation team unanimously ranked RRM Design Group as number one. RRM Design Group has a proven track record of providing high-quality pre-approved ADU designs for local governments to distribute to homeowners and interested parties, with contracts awarded and executed in cities such as Escondido, Claremont and Lancaster to name a few. The proposal outlined in the bid package submitted by RRM Design Group aligns with the City’s expectations of providing off-the-shelf pre-approved ADU plans in a variety of options that would in effect accelerate the production of ADUs within the City of Baldwin Park. In summary, the RRM Design Group team represents the most qualified to award a contract for professional design services. The results of the evaluations were as follows: No. Consultant Aggregated Score Project Cost* 1 RRM Design Group 92 $64,471 2 YW Rising Architects 75 $60,000 3 Office Of: People 49 $50,840 4 Chisel and Tool 32 $155,000 5 Infrastructure Architects, Inc 11 $67,240 ALTERNATIVES: Staff recommends that the City Council award a contract to RRM Design Group to prepare construction plans for City-sponsored pre-approved ADU plans. Alternatively, if none of the proposals are acceptable, then advise Staff to not award a contract to any of the respondents of the RFP and terminate the effort to offer pre-approved, City- owned ADU plans to the community. Additionally, Staff seek City Council’s consent for Staff to solicit the SOC Committee for use of Measure BP monies to fund the project. CEQA REVIEW: The project is exempt from CEQA per Section 15061.b.3 "Common Sense Exemption" as the creation of pre- approved ADU plans will serve as information tools to assist the public in obtaining permits for construction of an ADU in compliance with City requirements. Therefore, it can be seen with certainty that there is no possibility that the activity in question will have any significant impact on the environment. LEGAL REVIEW: This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS: 1. PSA Template (Design Professionals) September 2025 RRM CITY OF BALDWIN PARK DESIGN PROFESSIONAL SERVICES AGREEMENT _____________________________ THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 3rd day of December, 2025 (“Effective Date”), by and between the CITY OF BALDWIN PARK, a municipal corporation (“City”), and RRM Design Group, a California Corporation (“Consultant”). RECITALS A. City proposes to utilize the services of Consultant as an independent contractor to prepare conceptual architectural plans and construction plans for the development of Accessory Dwelling Units (ADUs). B. Consultant represents that it is a “design professional” as that term is defined by California Civil Code Section 2782.8 and has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated. C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed. D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0 SERVICES PROVIDED BY CONSULTANT 1.1 Scope of Services. City does hereby retain and Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the Scope of Services attached to and incorporated into this Agreement as Exhibit “A” (“Services”). 1.2 Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. 1.3 Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the Chief Executive Officer or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: 2 (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4 Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and State and local laws and ordinances applicable to the services required under this Agreement including all employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement. 1.5 Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital st atus, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 1.6 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7 Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement. 3 1.8 Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 1.9 Right to Utilize Others. City reserves the right to utilize others to perform work similar to the Services provided herein. 2.0. COMPENSATION AND BILLING 2.1 Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant’s total compensation shall not exceed Sixty-Five Thousand Dollars ($ 65,000.00) 2.2 Additional Services. Consultant shall not receive compensation for any services provided outside the Services in Exhibit “A” unless the Chief Executive Officer or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should Consultant perform any additional services which have not been approved, in writing, by the City, Consultant does so at its own risk and costs. 2.3 Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice for undisputed work within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4 Records and Audits. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable as relating to this Agreement and shall be maintained in accordance with generally recognized accounting principles. Consultant shall allow a representative of the City (including the California State Auditor if requested by the City pursuant to Government Code § 8546.7) during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall retain and allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. and shall be made available to the City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement. 3.0 TIME OF PERFORMANCE 3.1 Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the Services to be performed under this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said Services shall be performed in strict 4 compliance with the Project Schedule approved by City as set forth in Exhibit “C” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2 Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0 TERM AND TERMINATION 4.1 Term. This Agreement shall commence on the Effective Date and continue for a period of 6 months, ending on May 6, 2025, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by one (1) additional one (1) year period upon mutual written agreement of both parties. 4.2 Notice of Termination. The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement. 4.3 Termination. 4.3.1 Termination Without Cause. In the event of termination without cause, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.3.2 Termination for Cause. In the event of termination for cause, Consultant will be liable to City for all costs to cure the deficiencies, and all loss, cost, expense, damage, and liability resulting from such breach and termination. The City is entitled to withhold any payments otherwise owed to Consultant to the extent of such costs, losses, expenses, damages, and liability. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written 5 authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE AND INDEMNIFICATION 5.1 Minimum Scope. Prior to City’s execution of this Agreement and Consultant’s commencement of the Services, Consultant shall secure, submit proof of, and shall thereafter maintain without interruption, until completion of and acceptance by the City of the Services, such workers’ compensation, commercial general and automobile liability insurance, and professional liability insurance as shall protect Consultant, its subconsultants and the Additional Insured’s herein, from any and all claims for damages for professional liability, personal injury, including accidental death, as well as any and all claims for property damage which may arise from or which may concern operations under this Agreement, whether such operations be by or on behalf of Consultant, any subconsultant or anyone directly or indirectly employed by, connected with or acting for or on behalf of any of them. 5.2 Carrier Ratings. All liability insurance shall be issued by an insurance company or companies authorized to transact liability insurance business in the State of California with a policy holder’s rating of A- or higher and a Financial Class of VII or larger. 5.3 Minimum Limits. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages: 5.3.1 Commercial General Liability Insurance. Broad-form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premises and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and personal and advertising injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location. If Consultant maintains broader coverage and/or higher limits than the specified minimum amounts shown above, then the City requires and shall be entitled to the broader coverage for and/or the higher coverage limits maintained by the Consultant. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City. 5.3.2 Business Automobile Liability Insurance. Business automobile liability for all owned, hired, leased, and non-owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per accident. If Consultant maintains broader coverage and/or higher limits than the specified minimum amounts shown above, then the City requires and shall be entitled to the broader coverage for and/or the higher coverage limits maintained by the Consultant. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City. 5.3.3 Workers’ Compensation and Employer’s Liability Insurance. Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per accident for any employee or employees of Consultant. Consultant agrees to waive and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, officials, agents, employees, and volunteers for 6 losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. By signing this Agreement, the Consultant acknowledges and agrees to the following: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers’ compensation insurance, and shall furnish a certificate of insurance to the Project Manager before execution of this Agreement by the City. The City, its officers, officials, agents, employees, and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this Section. 5.3.4 Professional Errors and Omissions (“E&O”) Liability Insurance. Professional errors and omissions (“E&O”) liability insurance on an occurrence-based policy with policy limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) policy aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. The retroactive date must be shown, and this date must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another policy form with a retroactive date prior to the contract effective date, the Consultant must purchase “extended reporting coverage” for a minimum of three (3) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the City for review. If Consultant maintains broader coverage and/or higher limits than the specified minimum amounts shown above, then the City requires and shall be entitled to the broader coverage for and/or the higher coverage limits maintained by the Consultant. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City. 5.4 Notice of Cancellation and Renewals. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail (this obligation may be satisfied in the alternative by requiring such notice to be provided by Consultant’s insurance broker and set forth on its Certificate of Insurance provided to City). Consultant agrees that upon receipt of any notice of cancellation or alteration of the policies, Consultant shall, within five (5) days, procure other policies of insurance similar in all respects to the policy or policies to be cancelled or altered. Consultant shall furnish to the City copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the amendment. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Consultant’s sole cost and expense. 5.5 Additional Requirements. 5.5.1 Additional Insured. The commercial general liability insurance policy and business automobile liability policy shall be endorsed to contain the following: The City of Baldwin Park, its officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, 7 occupied, or used by the Consultant; and automobiles owned, leased, hired, or borrowed by the Consultant. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40. 5.5.2 Primary, Not Contributory. The Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Baldwin Park, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Baldwin Park shall be excess and not contributing with the insurance provided by this policy. 5.5.3 Reporting Provisions. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Baldwin Park, its officers, officials, agents, employees, and volunteers. 5.5.4 Defense Costs. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement. 5.5.5 Separate Insureds. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5.5.6 Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure the City is an additional insured on insurance required from subcontractors. 5.5.7 Waiver of Subrogation. Consultant agrees to waive, and to obtain endorsements from insurers waiving, subrogation rights against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their insurance policies. 5.5.8 Standard Occurrence. Coverage shall be on a standard occurrence form. Claims-made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable. 5.5.9 Combination of Insurances is Acceptable. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 5.5.10 Deductibles Exceeding $25K. Any deductible or self-insured retention shall be shown on the certificate of insurance. If the deductible or self-insured retention exceeds $25,000.00, it shall be approved in advance by City. Consultant is responsible for any deductible or self-insured retention and shall fund it upon City written request, regardless of whether Consultant has a claim against the insurance or is named as a party in any action involving City. 5.6 Non-limiting. Consultant’s maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Consultant or its subconsultants to the 8 coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 5.7 Certificates of Insurance, Additional Insured Endorsements and Deductibles. Prior to execution of the Agreement, and thereafter upon City’s request, Consultant shall furnish City with original certificates of insurance and additional insured endorsements setting forth evidence of all insurance coverage required by this Article. Each certificate and endorsement shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City shall continue to be an additional insured for completed operations for (1) year after completion of the work. 5.8 Consultant’s Failure to Provide Required Insurance. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Consultant shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its discretion and sole option: (a) procure insurance with collection rights for premiums, attorneys’ fees and costs against Consultant by way of set-off or recoupment from sums due Consultant; (b) immediately terminate or suspend Consultant’s performance of the Agreement; (c) pay Consultant’s premiums for renewal of Consultant’s coverage; or (d) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorneys’ fees and costs, being collectible from Consultant, by way of set-off or recoupment from any sums due Consultant. Upon demand, Consultant shall repay City for all sums that City paid to obtain, renew, reinstate, or replace the insurance, or City may offset the cost against any monies that the City may owe Consultant. 5.9 Verification of Coverage. City shall have the right to obtain complete and certified copies of Consultant’s and subconsultants’ insurance policies (including, but not limited to, the declarations page, form list and riders), endorsements or certificates required this Agreement, upon request (including, but not limited to, the declarations page, form list and riders). 5.10 Indemnification and Hold Harmless. Consultant is deemed a “design professional” under Civil Code 2782.8. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected officials, officers, agents and employees, at Consultant’s sole expense, from and against any and all claims, actions, suits or other legal proceedings brought against the City, its elected officials, officers, agents and employees arising out of the negligence, recklessness, or willful misconduct of the Consultant, its employees, and/or subconsultants, in the performance of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply without any advance showing of negligence or wrongdoing by the Consultant, its employees, and/or authorized subconsultants, but shall be required whenever any claim, action, complaint, or suit asserts as its basis the negligence, errors, omissions or misconduct of the Consultant, its employees, and/or authorized subconsultants, and/or whenever any claim, action, complaint or suit asserts liability against the City, its elected officials, officers, agents and employees based upon negligence, recklessness, or willful misconduct in the work performed by the Consultant, its employees, and/or authorized subconsultants under this Agreement, whether or not the Consultant, its employees, and/or authorized subconsultants are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. In no event shall the cost to defend charged to Consultant exceed Consultant’s proportionate percentage of fault. However, notwithstanding the previous sentence, in the event one or more defendants is unable to pay its 9 share of defense costs due to bankruptcy or dissolution of the business, Consultant shall meet and confer with other parties regarding unpaid defense costs. This provision shall supersede and replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect. 6.0. GENERAL PROVISIONS 6.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2 Representatives. The Chief Executive Officer or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3 Priority of Documents. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.4 Notices. Any notices, documents, correspondence, or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: RRM Design Group 32332 Camino Capistrano, Ste 205 San Juan Capistrano, CA 93401 City of Baldwin Park 14403 Pacific Ave Baldwin Park, CA 91706 Tel: 949-361-7950 Tel: 626-960-4011 Fax: _________________ Fax: _________________ Attn: _________________ Attn: _________________ 6.5 Attorneys’ Fees. In the event that litigation is brought by any party in connection 10 with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.6 Governing Law and Venue. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. 6.7 Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8 Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.10 PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, 11 including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11 Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 6.12 Ownership of Documents. All Documents including computer assisted drawing files shall be and remain the sole property of the CityThis Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents. City shall not be limited in any way in its use of the Documents at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. All Documents, including but not limited to, computer assisted drawing files, shall be and remain the sole property of City. Consultant agrees that any such Documents shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents. 6.13 Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.14 Conflict of Interest. Consultant and its officers, employees, associates, and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates, and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of 12 the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant pursuant to this Agreement. 6.15 Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.16 Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. Notwithstanding the above, this provision shall not apply to any publicly advertised position to which an employee, without enticement or promises by Consultant, applies. 6.17 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City’s Request for Proposals, the Consultant’s Proposal. 6.18 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19 No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 13 6.22 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.23 Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.24 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.25 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.26 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. Signatures on the following page. 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CONSULTANT: By:__________________________________ Date: __________________________ Name: Title: By:__________________________________ Date: __________________________ Name: Title: CITY OF BALDWIN PARK, a municipal corporation By:__________________________________ Date: __________________________ Alejandra Avila Mayor Attested to: By:________________________________ Christopher Saenz City Clerk Approved as to form: By:________________________________ Christian Bettenhausen City Attorney EXHIBIT “A” SCOPE OF SERVICES 1 Section One: Work Proposal Proposal for Pre-approved Accessory Dwelling Unit Plans Pictured: City of Agoura Hills ADU Prototype, Agoura Hills, CA 1 2 City of Baldwin Park | Proposal for Pre-approved Accessory Dwelling Unit Plans Project Understanding and Approach The City of Baldwin Park (City) is taking the lead in proposing the initiation of a pre-approved ADU program. This program aims to encourage ADU production and address local housing needs. RRM’s extensive portfolio and expertise in ADU regulations, visual document production, architectural/construction-level permit-ready plan drafting, and community outreach and engagement will be instrumental in bringing this vision to life. RRM understands the City is looking to develop a series of permit-ready housing units and allow homeowners to streamline the process of using those plans for their unique and individual needs. We are committed to this goal and recognize that the City aims to maximize the number of plans and options achievable from local funding. RRM’s long history in production housing allows us to develop plans with various options, making a single plan far more customizable and functional in multiple situations. RRM will provide for the following designs to be refined during the initial due diligence portion of the design process: • One (1) approximately 500-600 sf, free-standing studio ADU in compliance with California Residential Code, not exceeding 16 feet in height and designed to conform to a typical flat lot • One (1) approximately 800 sf, free-standing one-bedroom ADU in compliance with California Residential code, not exceeding 16 feet in height and designed to conform to a typical flat lot • One (1) approximately 1000 sf, free-standing two-bedroom ADU in compliance with California Residential code, not exceeding 16 feet in height and designed to conform to a typical flat lot Initial conceptual design examples are provided as part of the RFP response. Following contract initiation, RRM anticipates further refinement through an initial due diligence phase which may alter the final unit sizes or configuration. Each plan type is designed to adapt to and include two alternate elevation styles to conform to the City’s identified architectural styles: Spanish and a minimalist version of traditional. Style options may include alternative roof forms, materials, colors, accents, and ornamentation. At least one of the proposed designs will give an option for a universal design, providing accessibility to all components and ensuring that all community members are considered. RRM envisions this project as a four-phase project which begins with programming. As with any public project, the City is responsible to its citizens to spend money wisely and effectively. This is the problem that an initial due diligence or programming phase can address. We are looking to identify the greatest opportunity to impact housing stock through a pre-approved ADU program for this project. Starting with the kickoff meeting, the City will be a partner in evaluating the initial concepts to respond to the unique needs and lot opportunities within the city. The success of this program will not come from the plan set product but will be founded on crafting context-appropriate designs and then facilitating implementation. RRM’s community- based design will help ensure that these plans have elevation options that allow for personal taste and are appropriate to the community’s identified architectural vernacular. Identifying the correct designs for the City will come through RRM’s collaboration with City staff. Coupled with an inventory of city parcels to identify ADU spatial opportunities and footprints within the community, these outcomes will inform the second phase’s building block: design. We understand that residential design can be one of the purest manifestations of community character; many people are passionate about homes. This is where our collaborative approach to design results in successful outcomes. Building from RRM’s production housing experience, we will develop designs with options to help provide the greatest variety of plans founded on the base project program. RRM will collaborate with the staff and building departments in the early phase to create efficient, implementable designs that fit the pre-approval process’s goals. Based on these designs, RRM will develop presentations drawings suitable for public outreach and hearings if desired. 3Work Proposal | Section 1 Following final design approval, RRM will work with City staff and building officials to generate complete permit-ready plan prototypes, providing a wide variety of options for each homeowner to implement on their unique site. Before implementation, we see the permit-ready ADU plan preparation as the phase where our multidisciplinary practice provides the most significant impact. In-house structural engineering allows us to focus on design development with an eye toward efficient, low-cost construction, which will be of fundamental value to the end user. RRM has extensive experience in affordable and production housing, which helps us focus on efficient, implementable solutions. This leads us to the final component of the project: implementation. Getting the plans off the shelf and into the community is truly the end goal for a project like this. RRM’s experience on both sides of the counter will provide a solid basis for presenting information and how that information is perceived and used by private citizens. We embrace a collaborative approach to the design process. RRM is looking forward to working with staff to define and develop this process so that by the time the plans are ready for the public, all parties should know what to expect. Task 1: Conceptual Plan Design In this project’s initial phase, the team will engage in a due diligence and program review process to inform the team and key City staff on the primary issues to be addressed and to gather and review relevant data and background information. Task 1.A: Initiation/City Research Following the review of existing data, the project team will meet with City staff to review the initially submitted conceptual designs, further define the scope and unit configuration, review and confirm the project schedule, layout of significant project milestones, meeting times, deliverable targets, and review pertinent data. We will use this time to identify the review process and discuss issues relating to the implementation of a pre-approved ADU design solution with the intake planners and building official. As a first step in the process, the team will collect and review all data relevant from design guidelines, the general plan, the development code, specific plans, the local jurisdiction’s unique requirements, and other planning efforts that have a bearing on the community. RRM will work with staff to compile a preliminary survey of existing residential parcel sizes and configurations to test the preliminary ADU plan size and configuration recommendations and offer possible improvements and alternatives. Deliverables: • One (1) meeting with City staff (virtual) • One (1) meeting minutes • Design revision recommendations Staff Engagement: • Provide project-relevant background information and documents • One (1) meeting • Review and comment on provided deliverables. 4 City of Baldwin Park | Proposal for Pre-approved Accessory Dwelling Unit Plans ADU Design Development The baseline generic ADU prototypes designed to fit on generic flat lots, include the following: • One (1) Free-standing studio ADU estimated to be 500-600 SF sf in compliance with California Residential Code, not exceeding 16’ in height and designed to conform to a typical flat lot. • One (1) Free-standing 1-bedroom ADU estimated to be up to 800 sf in compliance with California Residential Code, not exceeding 16’ in height and designed to conform to a typical flat lot. • One (1) Free-standing 2-bedroom ADU estimated to be up to 1000 sf in compliance with California Residential Code, not exceeding 16’ in height and designed to conform to a typical flat lot Each plan type will be designed to adapt to and include two elevation styles to conform to the City’s architectural styles: Spanish and Minimal Traditional. The style options will be expressed through material, colors, accents, and detailing with a minimum of structural differentiation. Each of the three base plans may be provided with design options, including ADA adaptable and fully accessible options, storage options, additional bedroom or flex space options, and multiple entry locations to allow personalization and site flexibility. This approach allows for the base plans to serve as many times as the number of designs. At least one plan will provide for a universal design and an ADA-compliant accessible plan, including a step- free entrance and sufficient maneuverable space for a wheelchair in the bedroom, kitchen, living room, and bathroom. The doorways would be 32 inches at minimum. Each plan will incorporate optional front porch designs. Each plan will have both Hip and Gable Roof Design options with roof slopes between 4:12 and 6:12. Task 1.B: Preliminary (30%) ADU Design Revisions Based on the initially submitted conceptual plans and feedback from city staff, RRM will anticipate revisions and refinement to the conceptual plans. RRM recognizes that residential design can be one of the purest manifestations of community character, and many people are passionate about homes and we expect staff and city council to provide feedback for improvement on the conceptual plans to make them a better fit for the community. Therefore, RRM encourages a collaborative approach to working with staff to deliver designs that respond to the community’s unique character. Following the initial staff input in the task above, RRM will refine the conceptual plans for review with staff to determine the final layout that most responds to the city’s desired outcomes. We will review the designs with staff for comment and approval at approximately the 30% completion stage. Plans will be based on generic sites as directed by staff. Deliverables: • PDF format submittal • One (1) meeting with the City staff to review conceptual plan options • Preliminary site/floor plans – Three (3) Plans • Preliminary Elevations – Two sheets of 4 elevation each for each of the 3 plan types for a total of 24 elevations • Preliminary material selections • Electronic file delivery – PDFs. Staff Engagement : • Review and comment on conceptual floor plan design 5Work Proposal | Section 1 Task 2: Schematic Design and Presentation Task 2.A: Schematic (65%) ADU Design Based on staff feedback on the Conceptual design, RRM will refine the schematic design to an approximately 65% completion level for review by staff and any public outreach efforts. The submittal will be architecture- specific and for a non-specific generic site; no civil engineering or landscape architecture will be provided for review. At the end of this phase, all design work will be complete, and this is an opportunity for staff to share plans with stakeholders or policymakers for final revisions prior to permit plan preparation. Deliverables: • PDF format 65% plan set • Three (3) Floor plans • Six (6) sets of four sided Elevations – two styles per each plan type. • Six (6) 3D color-rendered front view perspectives suitable for publication • Schematic Roof Plans - 6 total , two per building plan • Schematic Sections - 6 total , two per building plan • Digital color and material boards; one (1) for each elevation style as printed images Staff Engagement: • Review and comment on conceptual floor plan design Task 2.B: Public Meetings – (If Required) Stakeholder, Architectural Review or Planning Commission meetings could be initiated upon completion of the schematic design phase and prior to initiation of the building plan set development. We have provided this as an optional task. RRM will provide graphics and support to staff-initiated public meetings. These meetings can be virtual or in person at the city’s discretion. Deliverables: • Up to Four (4) Planning Commission and/or City Council meetings • Schematic design presentation package • Revisions to designs based upon meeting input. Task 3: Preparation of Final Building Plans Task 3.A: Document Preparation and Plan Review Our experience providing simple, cost-effective designs and plans complying with California Building Codes requirements provides a strong foundation for further modification. Our fully construction-ready plan of conditions meets code requirements. All unit elevations are customizable to allow for variations in exterior materials and door and window fenestration to express individual owners’ tastes and community character. This will be achieved by stating the requirements of each exterior wall’s minimum shear wall panel. Most interior walls will not be used for bearing, allowing further flexibility for the end user. For construction cost, speed, and simplicity, designs are anticipated to utilize truss roof framing, but a stick frame option has been provided in the budget. Our goal would be to express the design intent with a structural system that considers the most material and cost-efficient approach to provide a more implementable, affordable housing solution. This detailed review is typically only achievable with an in-house structural design team where all parties share a mutual goal. 6 City of Baldwin Park | Proposal for Pre-approved Accessory Dwelling Unit Plans Title 24 energy compliance will be designed for all 4 orientations. No mechanical and electrical engineering design is anticipated beyond typical line diagrams. Again, design efficiency will be a key mechanical and electrical design parameter. RRM is a leader in efficient, sustainable design. To this end, RRM will also provide an alternate specification to provide a higher level of sustainable design than the baseline code requirements provide. We anticipate only one round of plan check revisions and resubmittal. RRM anticipates a single City- coordinated review for all departments. The City will be responsible for the coordination of plan reviews. As part of the construction document scope, an ADU application submission template will be developed to allow individual lot-specific submissions and alternate design submissions. The submission template will be developed using the City’s standard submittal process. Plans to be produced according to the following criteria: 1. All designs shall fully comply with the 2025 California Residential Code, California Code of Regulations, Title 24, and Part 2.5. including the Electrical, Plumbing, Mechanical, Energy, Green Building, and Fire Codes 2. All designs shall comply with the 2025 California Building Code (CBC), California Code of Regulations, Title 24, and Part 2 for structure(s) or elements(s) exceeding the design limitations in the CRC or specifically directed by the CRC to use the CBC. 3. All designs shall comply with City of Baldwin Park municipal and zoning codes. 4. Minimum Energy Compliance Design Criteria: State Title 24 Energy Compliance documentation in all four primary orientations (north-, south-, east-, and west-facing). a. Climate Zones: 9 b. Exterior Wall Insulation: R-15 c. Attic Insulation: R-30 d. Designed for both heating and cooling: 92 AFUE (Heating); 15 SEER (cooling) 5. Foundation Design Criteria: The foundation design is generally site-specific, although the building code does allow for code minimums and the waiving of site-specific soil geotechnical investigations. The foundation design is provided for building sites that do not exceed a slope of one vertical to three horizontal units. Foundation system to be slab on grade. Discussions with the building official will be required to refine the approach for varying soil types. The design will provide alternative details to address differing soil conditions as needed: a. Soil Bearing Pressure: 1,500 PSF (without Geotechnical Report) b. Lateral Bearing Pressure: 100 PCF c. Foundation Depth Below Ground Surface: 18 inches min. 6. Front porch options shall be provided on at least one elevation style of each plan type. Porch detailing shall include, at a minimum, a. Ledger and attachment details b. Porch framing member size, spacing, and connection details. c. Column size and isolated footing design, including connection details. d. Any soffit and finish trim details required to fulfill the design intent. 7. Fire Resistive Construction Details: a. The proposed detached units should be anticipated to be located within four feet of a real or assumed property line on the rear or side elevation. b. Therefore, for each of the proposed plan elevations, the rear and side elevations will be designed with options to comply with CRC Table R332.1 (1) Fire Resistance Protection/Rating of exterior Wall elements. 8. Wildlife Urban Interface details will be provided as alternate details when site locations are required. 7Work Proposal | Section 1 Deliverables: Each Plan Set Will Include: • PDF format plan set • Jurisdictional-specific cover sheet • Generic site plan with fillable information; no grading, stormwater, or utilities information five (5) feet beyond the unit • Floor plan sheet (1/4” = 1’-0” scale) ◦Window and door schedule including material, style, and operation. ◦Plumbing fixtures located ◦Electrical fixtures located (may be on separate electrical plan) ◦Mechanical fixtures located (may be on separate plan) ◦Finish specifications • External elevations: one (1) front, two (2) sides, and one (1) rear as plan typical elevations (1/4” = 1’-0” scale) • Exterior finish specification ◦Front exterior style options; two (2) total optional front elevations per plan, with associated details ◦Color Renderings of exterior; one (1) exterior elevation rendering per style per plan, six (6) total illustrating color and material options for marketing publication provided as individual graphic files • Sections, as necessary, maximum of two (2) per unit (1/4” = 1’-0” scale) ◦One in each the longitudinal and transverse directions ◦Information to include ceiling height, wall and ceiling insulation, foundation, roof pitches, accessible attic locations, and detail references • Electrical Plans (1/4” = 1’-0” scale) ◦Fixture placement per code ◦Circuit protection requirements including Arc-Fault and Gound-Fault ◦Electrical Service panel locations ◦Main panel upgrade verification requirements. • Foundation plans - slab on grade only. (1/4” = 1’-0” scale) • Roof plan (1/4” = 1’-0” scale) ◦Two roof options per plan: Hip and Gable ◦Roof Material Specification with loading designs for composition Shingles and light-weight Tile ◦Roof slope options of 4:12., 5:12, and 6:12 ◦Attic ventilation including vent size and location ◦Avaible Photovoltaic (PV) area and required clearances. • Roof Framing Plan – Assumes Truss roof design but budget for optional cut roof design provided • Architectural and structural details • Mechanical, and plumbing plans; limited to line diagram electrical and mechanical • T24 Energy calculations for all 4 orientations based upon 2025 California Energy Code Prescriptive Package D • No fire sprinklers plans are to be provided other than designating the requirement for fire sprinklers as applicable • CALGreen (Title 24/Part 11) requirements sheet • One (1) plan review cycle is anticipated 8 City of Baldwin Park | Proposal for Pre-approved Accessory Dwelling Unit Plans Final Delivery Documents: • 24 x 36 PDF file • 11 x 17 PDF file (non-scalable) • Color exterior renderings suitable for marketing and publication • Illustrative floor plan for marketing and publication Staff Engagement: • One (1) pre-submittal 90% set review meeting • Building p[permit plan submission coordination • Plan review Task 3.B: Stick Framed Roof Structural Design (Optional)) The basis of the structural design is a premanufactured roof truss. However, due to the rural nature of your county, an optional task would be to provide a stick-framed roof system consisting of rafters, ridge beams, and ceiling beams. Each element would be designed to the appropriate snow load, resulting in a size range chart on the structural drawings. Deliverables: • One (1) meeting with City staff (virtual) prior to commencement • Three (3) updated plan sets Task 3.C: Project Management/Coordination The foundation of RRM’s practice relies on expert and proactive project management. Successfully accomplishing each unique assignment within the needed timeframe and allocated budget is essential. RRM focuses on capturing a clear direction on final deliverables and end products at the beginning of a project, establishing a shared understanding of the project with the City and all team members. This provides an essential project “road map.” RRM develops a critical path schedule, monitoring and updating it regularly throughout the process. We make it a practice to provide regular status reports of project progress and closely coordinate with the County’s project manager and key consultant team members. RRM considers close project team collaboration as a key mechanism to ensure issues are well-vetted and fully addressed because better projects result from multiple perspectives. In addition, all product deliverables are reviewed internally for quality control purposes before the City submittal. RRM has found that establishing mutually agreeable, timely turnaround review times in managing a schedule is helpful. One practical approach can be for the City to provide one red-lined, marked-up version of comments from its staff, so that all comments are reconciled and expedited in the revision process. Early consultation with affected agencies and stakeholders is vital for a smooth and efficient process. These approaches reduce potential surprises that can add costs, cause delays, and dilute consensus. In addition, the performance of project managers is evaluated in several ways: • Monthly review of compliance with project budgets by task by RRM management and principals. Our Unanet project management and accounting software which allows project managers and principals to track daily time entries and task budgets • Ongoing oversight by the principal-in-charge regarding contract and schedule adherence, as well as overall project progress • Periodically, report cards are provided to clients to solicit feedback on the project manager and overall project performance • Annually, project managers are evaluated on the quality of their performance • Throughout the project process, client feedback is sought by both RRM project managers and contract personnel to ensure satisfaction and provide the opportunity for adjustment if needed We take project management seriously and are committed to delivering on time and on budget. 9Work Proposal | Section 1 Work Program Assumptions • Meeting notices: The City is responsible for printing and distributing physical meeting notices when needed. If requested, the costs of providing printing and/or distribution of meeting notices would be on a time and materials basis. • Meeting attendance: The project budget does not include attendance at public meetings. The costs of additional meeting attendance would be on time and materials. In addition, meetings are assumed to be conducted using a virtual format. • Draft documents: A draft of each document will be provided to staff and revised based on a single set of consolidated comments providing clear direction. • Printing: This budget assumes the City will be responsible for printing and distributing documents • Environmental review. The scope of work requested does not include environmental documentation or clearance pursuant to the California Environmental Quality Act. As such, environmental documentation and technical studies are not included in this work program. However, such documentation would be provided on a time and materials basis if requested. • Ownership: Upon completion of the final plan review and delivery, the prototype plans will become the intellectual property of the county. • Public Use: Upon final approval, an approved record set will be provided for county records as the Master Plan. Separate sets for public distribution will be provided with county logos and watermarked “APPROVED FOR USE IN CITY OF BALDWIN PARK ONLY.” • This proposal assumes the City will own and maintain the approved architect or engineer stamped originals, issue users unstamped copies, and require a hold harmless agreement to be signed by the end user. The wording suggested similar to ”By using these permit-ready accessory dwelling unit construction documents; the user agrees to release, hold harmless, and indemnify the City, its elected officials and employees, and the architect or engineer who prepared these construction documents from any claims, liabilities, suits, and demands on account of any injury, damage or loss to persons or property, including injury or death, or economic losses, arising out of the use of these construction documents.” 16 EXHIBIT “B” FEE SCHEDULE 33Project Cost Budget | Section 4 Cost Proposal The City of Baldwin Park will retain non-exclusive rights to distribute and use the plans within the city of Baldwin Park without any additional licensing or use fee.RRMRANDY RUSSOM RRMJESSICA MEADOWS RRMKRISTINE FERREIRA RRMARCH STAFF RRMENG STAFF 252 $ per hour 210 $ per hour 165 $ per hour 130 $ per hour 130 $ per hour TASK 1: Conceptual Plan Design FEE TYPE ESTIMATED FEE 1.A Initiation Meeting / City research FF 2,319$ 2 $504 1 $210 5 $825 6 $780 0 $0 1.B Preliminary Design Refinements (30%) Design T&M NTE 3,748$ 4 $1,008 0 $0 4 $660 16 $2,080 0 $0 Total:6,067$ TASK 2: Shematic Design and Presentation FEE TYPE ESTIMATED FEE 2.A Schematic (65%) ADU Design FF 8,906$ 8 $2,016 3 $630 8 $1,320 32 $4,160 6 $780 2.B Public Hearings (if requested)T&M NTE 6,804$ 12 $3,024 0 $0 4 $660 24 $3,120 0 $0 Value:15,710$ PHASE 3: Site Plan Integration FEE TYPE ESTIMATED FEE 3.A Document Preparation and Plan Review FF 36,400$ 20 $5,040 6 $1,260 28 $4,620 136 $17,680 60 $7,800 3.B Stick Framed Rood Design (optional) - See Below FF -$ 0 $0 0 $0 0 $0 0 $0 0 $0 3.C Project Management and Coordination FF 5,394$ 12 $3,024 5 $1,050 8 $1,320 0 $0 0 $0 Value:41,794$ . 63,571$ 900$ 64,471$ OPTIONAL TASKS FEE TYPE ESTIMATED FEE 3.B Stick Framed Rood design (Optional)FF 3,647$ 1 $252 3 $630 1 $165 0 $0 20 $2,600 Value:3,647$ Project Manager Subtotal Estimated Project Total Reimbursable Expenses (T24 ENERGY COMPLIANCE) Fee Footnote Estimated fees for tasks shown as “Time and Materials - Not to Exceed" (T&M/NTE) are provided for informational purposes only. Amounts billed for these tasks, which will reflect actual hours, will not be exceeded without prior approval by the client. Reimbursable Expenses Incidental expenses incurred by RRM Design Group or any subconsultant it may hire to perform services for this project are reimbursed by the client at actual cost plus 10% to cover its overhead and administrative expenses. Adjustment to Hourly Billing Rates RRM reserves the right to adjust hourly rates on an annual basis. City of Baldwin Park Cost Proposal November 4, 2025 Structural EngineerPrincipal-in-Charge Engineering Production Staff Architectural Production Staff 17 EXHIBIT “C” SCHEDULE OF PERFORMANCE 11RRM Design Group Project Timeline City of Baldwin Park Project Timeline November 4, 2025 Contract Award Task 1.A: Initiation Meeting Task 1.B: Preliminary (30%) ADU Design Revsions Task 2.A: Schematic (65%) ADU Design Task 2.B: Public Hearings (if requested) Task 3.A: Document Preparation and Plan Review Task 3.B: Stick Framed Rood Design (optional) Task 3.C: Project Management/Coordination Meeting Duration May ADU PROTOTYPES Dec Jan Feb March April Page 1 / 3 ITEM NO: 7. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Okina Dor, Director of Community Development PREPARED BY: Jesus Astorga-Rios, Associate Planner DATE: December 3, 2025 SUBJECT: Approval of a contract with Constant and Associates to provide consulting services to update the Local Hazard Mitigation Plan in Compliance with State and Federal Law SUMMARY: This report requests the City Council approve a contract with Constant and Associates to prepare an update to the City of Baldwin Park’s Local Hazard Mitigation Plan. RECOMMENDED ACTION: It is recommended that the City Council: 1. Award a contract to Constant and Associates to prepare an update to the City of Baldwin Park’s Local Hazard Mitigation Plan; 2. Authorize the Mayor, or designee, to execute the attached agreement with Constant and Associates to provide consulting services in an amount not to exceed $151,008.13; and 3. Authorize the Director of Finance to appropriate $151,008.13 from Fund 235-General Plan Fees and make necessary budget adjustments. FISCAL IMPACT: There would be no adverse fiscal impact to the City’s General Fund. All funds used will be a combination of grant funds and special funds. At the direction of the City Council, the City of Baldwin Park applied for and was granted an award amount of up to $164,987.00 in grant funds from the Federal Emergency Management Agency (FEMA) Hazard Mitigation Grant Program (HMGP) that is administered by the State of California (State). The grant is non-competitive and was awarded on November 22, 2024. The funding from this grant will pay for the costs of the consultant. Grant funding will be provided by the State on a reimbursement basis and in quarterly installments. Therefore, while funds from the General Plan Fees account will be used to directly pay the consultant, the City will be reimbursed the entire amount from the State. BACKGROUND: As required by Federal Law, specifically the Disaster Mitigation Act (DMA) of 2000, all State and Local governments must prepare hazard mitigation plans to document their hazard mitigation planning process and identify specific natural or man-made hazards in their service area, potential losses as a result of natural or man- made disasters, mitigation needs, goals and strategies. This type of planning document informs programs and policies such as the City’s Emergency Management Programs. In order to remain compliant with DMA 2000, each State and Local government must have a federally approved Local Hazard Mitigation Plan (LHMP). Once approved by the Federal Emergency Management Agency (FEMA), a State or Local government’s LHMP is valid for five years. The latest version of the City of Baldwin Park’s LHMP was adopted by the City Council in 2004, which makes the current document fall out of compliance with FEMA standards. Additionally, on April 19, 2022, FEMA released an updated Local Mitigation Planning Policy Page 2 / 3 Guide, effective April 19, 2023. This new guidance serves as FEMA’s official policy on and interpretation of the applicable statutes and mitigation regulations in 44 Code of Federal Regulations (CFR) Part 201. As this guidance has only been in effect for a little over two years, the City sought an experienced consultant to help update the LHMP. LHMPs are required by FEMA to receive certain types of non-emergency disaster assistance including the Hazard Mitigation Grant Program and Building Resilient Infrastructure and Communities (BRIC) project grants. On November 22, 2024, the City was awarded Hazard Mitigation Grant Program (HMGP) G424D funding from FEMA to update its LHMP. Based on the funding terms stipulated in the agreement with FEMA, the City has until December 2026, to complete the project which will result in a FEMA approved LHMP. Therefore, a Request for Proposal (RFP) was issued for qualified consultants to submit proposals to update the City’s LHMP. DISCUSSION: On October 9th. 2025, Staff published, via PlanetBids, a Request for Proposals (RFP) for qualified firms to submit a proposal to update the City of Baldwin Park’s Local Hazard Mitigation Plan. Proposals were due on October 23rd, 2025. The City received proposals from 8 firms (See Table Below). EVALUATION AND SELECTION OF CONSULTANT The proposals were evaluated by a team comprised of 4 City staff members (two from Community Development, one from Police and one from Public Works). The proposals were evaluated for completeness; relevant experience; qualifications and experience of key individuals and project team capacity; understanding of the scope of services; and project schedule and cost of services. Based upon the evaluations, the evaluation team unanimously ranked Constant and Associates number one. Constant and Associates is a large, multi-disciplinary firm with a wide range of experience in assisting governmental agencies of different ranges in the preparation of Local Hazard Mitigation Plans, such as the City of Artesia, County of San Bernardino and City of Torrance to name a few examples. Additionally, Constant and Associates is the most cost effective while providing the most comprehensive scope of work in their proposal. In summary, the Constant and Associates team represents the most qualified and best value to update the City’s Local Hazard Mitigation Plan. The results of the evaluations were as follows: No. Consultant Proposed Cost 1 Constant and Associates $151,008.13 2 Ambipar/Witt O’Brien’s, LLC $131,161.00 3 The Resiliency Initiative $155.058.00 4 Tandem Solutions $60,000.00 5 Jacob Green and Associates $84,900.00 6 MLC and Associates $80,000.00 7 Choleta $148,612.44 8 Dragon Lady Defense $150,000.00 ALTERNATIVES: The City Council may proceed with Staff's recommendation of award of contract to Constant and Assocaites, or may elect to recommend award of contract to a different qualified consultant. CEQA REVIEW: This action is exempt under CEQA under Section 15061.b.3 or "Common Sense Exemption" provision of the California Public Resources Code, as this item does not constitute as a project under CEQA. Page 3 / 3 LEGAL REVIEW: This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS: 1. PSA Template September 2025 Constant and Associates CITY OF BALDWIN PARK PROFESSIONAL SERVICES AGREEMENT _____________________________ THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is made and entered into this 3rd day of December, 2025 (“Effective Date”), by and between the CITY OF BALDWIN PARK, a Municipal Corporation (“City”), and Constant and Associates, a Corporation (“Consultant”). RECITALS A. City proposes to utilize the services of Consultant as an independent contractor to prepare updates to the City of Baldwin Park’s Local Hazard Mitigation Plan (LHMP) to comply with FEMA requirements. B. Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated. C. City and Consultant desire to contract for the specific services described in Exhibit “A” and desire to set forth their rights, duties and liabilities in connection with the services to be performed. D. No official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement. NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows: 1.0 SERVICES PROVIDED BY CONSULTANT 1.1 Scope of Services. City does hereby retain and Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the Scope of Services attached to and incorporated into this Agreement as Exhibit “A” (“Services”). 1.2 Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant’s performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. 1.3 Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the Chief Executive Officer or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to: 2 (a) Meet with Consultant to review the quality of the work and resolve the matters of concern; (b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or (c) Terminate the Agreement as hereinafter set forth. 1.4 Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and State and local laws and ordinances applicable to the services required under this Agreement including all employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers’ compensation insurance and safety in employment. Consultant warrants that it is not suspended or debarred from doing business with the United States government and can legally be paid from federal funds. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys’ fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above-mentioned laws, which may be incurred by reason of Consultant’s performance under this Agreement. 1.5 Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, or military or veteran status, except as permitted pursuant to section 12940 of the Government Code. Such actions shall include, but not be limited to the following: employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay, or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause. Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital st atus, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials. 1.6 Non-Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement. 1.7 Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant’s sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement. 1.8 Confidentiality. Employees of Consultant in the course of their duties may have 3 access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that all data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement. 1.9 Right to Utilize Others. City reserves the right to utilize others to perform work similar to the Services provided herein. 2.0. COMPENSATION AND BILLING 2.1 Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit “B” attached hereto and incorporated herein by reference. Consultant’s total compensation shall not exceed One-Hundred and Fifty-One Thousand and Eight Dollars and Thirteen Cents ($ 151,008.13). 2.2 Additional Services. Consultant shall not receive compensation for any services provided outside the Services in Exhibit “A” unless the Chief Executive Officer or designee, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable. Should Consultant perform any additional services which have not been approved, in writing, by the City, Consultant does so at its own risk and costs. 2.3 Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than once a month. Said invoice shall be based on the total of all Consultant’s services which have been completed to City’s sole satisfaction. City shall pay Consultant’s invoice for undisputed work within forty-five (45) days from the date City receives said invoice. Each invoice shall describe in detail the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as “Additional Services” and shall identify the number of the authorized change order, where applicable, on all invoices. 2.4 Records and Audits. Consultant shall maintain complete and accurate records with respect to costs incurred under this Agreement. All such records shall be clearly identifiable as relating to this Agreement and shall be maintained in accordance with generally recognized accounting principles. Consultant shall allow a representative of the City (including the California State Auditor if requested by the City pursuant to Government Code § 8546.7) during normal business hours to examine, audit, and make transcripts or copies of such records and any other documents created pursuant to this Agreement. Consultant shall retain and allow inspection of all work, data, documents, proceedings, and activities related to the Agreement for a period of three (3) years from the date of final payment under this Agreement. and shall be made available to the City for inspection and/or audit at mutually convenient times from the Effective Date until three (3) years after termination of this Agreement. 3.0 TIME OF PERFORMANCE 3.1 Commencement and Completion of Work. Unless otherwise agreed to in writing by the parties, the Services to be performed under this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said Services shall be performed in strict 4 compliance with the Project Schedule approved by City as set forth in Exhibit “C” attached hereto and incorporated herein. The Project Schedule may be amended by mutual agreement of the parties. Failure to commence work in a timely manner and/or diligently pursue work to completion may be grounds for termination of this Agreement. 3.2 Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension. 4.0 TERM AND TERMINATION 4.1 Term. This Agreement shall commence on the Effective Date and continue for a period of 12 months, ending on December 17, 2026, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. This Agreement may be extended by one (1) additional one (1) year period upon mutual written agreement of both parties. 4.2 Notice of Termination. The City reserves and has the right and privilege of canceling, suspending, or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates, or abandons a portion of this Agreement such suspension, termination, or abandonment shall not make void or invalidate the remainder of this Agreement. 4.3 Termination. 4.3.1 Termination Without Cause. In the event of termination without cause, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City’s written notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. 4.3.2 Termination for Cause. In the event of termination for cause, Consultant will be liable to City for all costs to cure the deficiencies, and all loss, cost, expense, damage, and liability resulting from such breach and termination. The City is entitled to withhold any payments otherwise owed to Consultant to the extent of such costs, losses, expenses, damages, and liability. 4.4 Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps, and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written 5 authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant. 5.0. INSURANCE AND INDEMNIFICATION 5.1 Minimum Scope. Prior to City’s execution of this Agreement and Consultant’s commencement of the Services, Consultant shall secure, submit proof of, and shall thereafter maintain without interruption, until completion of and acceptance by the City of the Services, such workers’ compensation, commercial general and automobile liability insurance, and professional liability insurance as shall protect Consultant, its subconsultants and the Additional Insured’s herein, from any and all claims for damages for professional liability, personal injury, including accidental death, as well as any and all claims for property damage which may arise from or which may concern operations under this Agreement, whether such operations be by or on behalf of Consultant, any subconsultant or anyone directly or indirectly employed by, connected with or acting for or on behalf of any of them. 5.2 Carrier Ratings. All liability insurance shall be issued by an insurance company or companies authorized to transact liability insurance business in the State of California with a policy holder’s rating of A- or higher and a Financial Class of VII or larger. 5.3 Minimum Limits. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement, including any extension thereof, all of the following minimum scope of insurance coverages: 5.3.1 Commercial General Liability Insurance. Broad-form commercial general liability, with coverage at least as broad as the most current version of ISO Commercial General Liability coverage form CG 00 01, in a form at least as broad as ISO form CG 00 01 04 13, and shall include insurance for premises and operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury, and personal and advertising injury with a policy limit of not less than Two Million Dollars ($2,000,000.00) per occurrence and Four Million Dollars ($4,000,000.00) general aggregate. The aggregate limit, encompassing the above coverage, shall apply separately to this project/location. If Consultant maintains broader coverage and/or higher limits than the specified minimum amounts shown above, then the City requires and shall be entitled to the broader coverage for and/or the higher coverage limits maintained by the Consultant. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City. 5.3.2 Business Automobile Liability Insurance. Business automobile liability for all owned, hired, leased, and non-owned vehicles at least as broad as the most current version of ISO Business Auto Coverage Form CA 00 01, with a policy limit of not less than Two Million Dollars ($2,000,000.00) combined single limit per accident. If Consultant maintains broader coverage and/or higher limits than the specified minimum amounts shown above, then the City requires and shall be entitled to the broader coverage for and/or the higher coverage limits maintained by the Consultant. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City. 5.3.3 Workers’ Compensation and Employer’s Liability Insurance. Workers’ compensation insurance as required by the State of California and Employer’s Liability Insurance with a minimum limit of One Million Dollars ($1,000,000.00) per accident for any employee or employees of Consultant. Consultant agrees to waive and to obtain endorsements from its workers’ compensation insurer waiving subrogation rights under its workers’ compensation insurance policy against the City, its officers, officials, agents, employees, and volunteers for 6 losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers’ compensation insurance policies. By signing this Agreement, the Consultant acknowledges and agrees to the following: I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for Workers' Compensation or to undertake self-insurance in accordance with the provisions of that code, and I will comply with such provisions before commencing the performance of the work of this contract. The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for, and maintaining in full force and effect for the duration of this Agreement, complete workers’ compensation insurance, and shall furnish a certificate of insurance to the Project Manager before execution of this Agreement by the City. The City, its officers, officials, agents, employees, and volunteers shall not be responsible for any claims in law or equity occasioned by failure of the Consultant to comply with this Section. 5.3.4 Professional Errors and Omissions (“E&O”) Liability Insurance. Professional errors and omissions (“E&O”) liability insurance on an occurrence-based policy with policy limits of not less than Two Million Dollars ($2,000,000.00) per occurrence and Three Million Dollars ($3,000,000.00) policy aggregate. Architects’ and engineers’ coverage shall be endorsed to include contractual liability. The retroactive date must be shown, and this date must be before the date of the contract or the beginning of contract work. Insurance must be maintained and evidence of insurance must be provided for at least three (3) years after completion of the contract of work. If coverage is canceled or non-renewed, and not replaced with another policy form with a retroactive date prior to the contract effective date, the Consultant must purchase “extended reporting coverage” for a minimum of three (3) years after completion of contract work. A copy of the claims reporting requirements must be submitted to the City for review. If Consultant maintains broader coverage and/or higher limits than the specified minimum amounts shown above, then the City requires and shall be entitled to the broader coverage for and/or the higher coverage limits maintained by the Consultant. Any available insurance proceeds exceeding the specified minimum limits of insurance and coverage shall be available to the City. 5.4 Notice of Cancellation and Renewals. The policies shall not be canceled unless thirty (30) days prior written notification of intended cancellation has been given to City by certified or registered mail (this obligation may be satisfied in the alternative by requiring such notice to be provided by Consultant’s insurance broker and set forth on its Certificate of Insurance provided to City). Consultant agrees that upon receipt of any notice of cancellation or alteration of the policies, Consultant shall, within five (5) days, procure other policies of insurance similar in all respects to the policy or policies to be cancelled or altered. Consultant shall furnish to the City copies of any endorsements that are subsequently issued amending coverage or limits within fourteen (14) days of the amendment. Should Consultant fail to immediately procure other insurance, as specified, to substitute for any cancelled policy or reduction in the required coverage limits, the City may procure such insurance at Consultant’s sole cost and expense. 5.5 Additional Requirements. 5.5.1 Additional Insured. The commercial general liability insurance policy and business automobile liability policy shall be endorsed to contain the following: The City of Baldwin 7 Park, its officers, officials, agents, employees, and volunteers are additional insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied, or used by the Consultant; and automobiles owned, leased, hired, or borrowed by the Consultant. General liability coverage can be provided in the form of an endorsement to the Contractor’s insurance at least as broad as one of the following ISO ongoing operations forms: CG 20 10 or CG 20 26 or CG 20 33 (not allowed from subcontractors), or CG 20 38; and one of the following ISO completed operations forms: CG 20 37, 2039 (not allowed from subcontractors), or CG 20 40. 5.5.2 Primary, Not Contributory. The Consultant’s insurance coverage shall be primary insurance coverage at least as broad as ISO CG 20 01 04 13 as respects the City of Baldwin Park, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Baldwin Park shall be excess and not contributing with the insurance provided by this policy. 5.5.3 Reporting Provisions. Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Baldwin Park, its officers, officials, agents, employees, and volunteers. 5.5.4 Defense Costs. Defense fees and costs shall not deplete the limits of any insurance provided under this Agreement. 5.5.5 Separate Insureds. The Consultant’s insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer’s liability. 5.5.6 Subcontractors. Consultant shall require and verify that all subcontractors maintain insurance meeting all the requirements stated herein, and Consultant shall ensure the City is an additional insured on insurance required from subcontractors. 5.5.7 Waiver of Subrogation. Consultant agrees to waive, and to obtain endorsements from insurers waiving, subrogation rights against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their insurance policies. 5.5.8 Standard Occurrence. Coverage shall be on a standard occurrence form. Claims-made forms are not acceptable. Modified, limited, or restricted occurrence forms are not acceptable. 5.5.9 Combination of Insurances is Acceptable. The limits of insurance required herein may be satisfied by a combination of primary and umbrella or excess insurance. Any umbrella or excess insurance shall contain or be endorsed to contain a provision that such coverage shall also apply on a primary and non-contributory basis for the benefit of the City before the City’s own insurance or self-insurance shall be called upon to protect it as a named insured. 5.5.10 Deductibles Exceeding $25K. Any deductible or self-insured retention shall be shown on the certificate of insurance. If the deductible or self-insured retention exceeds $25,000.00, it shall be approved in advance by City. Consultant is responsible for any deductible or self-insured retention and shall fund it upon City written request, regardless of whether Consultant has a claim against the insurance or is named as a party in any action involving City. 8 5.6 Non-limiting. Consultant’s maintenance of insurance as required by this Agreement shall not be construed to limit the liability of the Consultant or its subconsultants to the coverage provided by such insurance, or otherwise limit the City’s recourse to any remedy available at law or in equity. Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property. 5.7 Certificates of Insurance, Additional Insured Endorsements and Deductibles. Prior to execution of the Agreement, and thereafter upon City’s request, Consultant shall furnish City with original certificates of insurance and additional insured endorsements setting forth evidence of all insurance coverage required by this Article. Each certificate and endorsement shall be signed by a person authorized by that insurer to bind coverage on its behalf. The City shall continue to be an additional insured for completed operations for (1) year after completion of the work. 5.8 Consultant’s Failure to Provide Required Insurance. Failure to maintain required insurance at all times shall constitute a default and material breach. In such event, Consultant shall immediately notify City and cease all performance under this Agreement until further directed by the City. In the absence of satisfactory insurance coverage, City may, at its discretion and sole option: (a) procure insurance with collection rights for premiums, attorneys’ fees and costs against Consultant by way of set-off or recoupment from sums due Consultant; (b) immediately terminate or suspend Consultant’s performance of the Agreement; (c) pay Consultant’s premiums for renewal of Consultant’s coverage; or (d) self-insure the risk, with all damages and costs incurred, by judgment, settlement or otherwise, including attorneys’ fees and costs, being collectible from Consultant, by way of set-off or recoupment from any sums due Consultant. Upon demand, Consultant shall repay City for all sums that City paid to obtain, renew, reinstate, or replace the insurance, or City may offset the cost against any monies that the City may owe Consultant. 5.9 Verification of Coverage. City shall have the right to obtain complete and certified copies of Consultant’s and subconsultants’ insurance policies (including, but not limited to, the declarations page, form list and riders), endorsements or certificates required this Agreement, upon request (including, but not limited to, the declarations page, form list and riders). 5.10 Indemnification and Hold Harmless. Consultant agrees to protect, defend, indemnify, and hold free and harmless the City, its officers, officials, agents, employees, and volunteers, at Consultant’s sole expense, from and against any and all claims, liabilities, demands, actions, expenses, damages, suits or other legal proceedings brought against the City, its officers, officials, agents, employees, and volunteers arising out of or in any way connected with the performance of the Consultant, its employees, and/or authorized subcontractors’ work undertaken pursuant to this Agreement including all acts or omissions, willful misconduct or negligent conduct, whether active or passive, on the part of the Consultant, its employees and/or subcontractors. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its officers, officials, agents, employees, and volunteers based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable, and whether or not there is any evidence of fault or wrongdoing by the Consultant, its employees and/or its subcontractors. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and 9 replace all other indemnity provisions contained either in the City’s specifications or Consultant’s Proposal, which shall be of no force and effect. 6.0. GENERAL PROVISIONS 6.1 Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.2 Representatives. The Chief Executive Officer or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives, and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement. Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives, and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this Agreement. 6.3 Priority of Documents. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement. 6.4 Notices. Any notices, documents, correspondence, or other communications concerning this Agreement or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service. Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail. IF TO CONSULTANT: IF TO CITY: Constant and Associates 21250 Hawthorne Blvd, Ste 400 Torrance, CA 90503 City of Baldwin Park 14403 Pacific Ave Baldwin Park, CA 91706 Tel: 800-745-3057 Tel: 626-960-4011 Email: _________________ Email: _________________ Attn: _________________ Attn: _________________ 6.5 Attorneys’ Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys’ fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof. 6.6 Governing Law and Venue. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to 10 conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Los Angeles County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action. 6.7 Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet, or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting, or encumbrance shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement. 6.8 Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not, at any time, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City. Consultant shall secure, at its sole expense, and be responsible for any and all payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker’s compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant’s failure to promptly pay to City any reimbursement or indemnification arising under this paragraph. 6.10 PERS Eligibility Indemnification. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Notwithstanding any other agency, State, or Federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits. 6.11 Cooperation. In the event any claim or action is brought against City relating to Consultant’s performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require. 11 6.12 Ownership of Documents. All Documents including computer assisted drawing files shall be and remain the sole property of the City. This Agreement creates a non-exclusive and perpetual license for City to copy, use, modify, reuse, or sublicense any and all copyrights, designs, and other intellectual property embodied in plans, specifications, studies, drawings, estimates, and other documents or works of authorship fixed in any tangible medium of expression, including but not limited to, physical drawings or data magnetically or otherwise recorded on computer diskettes, which are prepared or caused to be prepared by Consultant under this Agreement (“Documents). Consultant shall require all subcontractors to agree in writing that City is granted a non-exclusive and perpetual license for any Documents the subcontractor prepares under this Agreement. Consultant represents and warrants that Consultant has the legal right to license any and all Documents. City shall not be limited in any way in its use of the Documents at any time, provided that any such use not within the purposes intended by this Agreement shall be at City’s sole risk. All Documents, including but not limited to, computer assisted drawing files, shall be and remain the sole property of City. Consultant agrees that any such Documents shall not be made available to any individual or organization without the prior consent of City, but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Consultant or Consultant’s agents shall execute such documents as may be necessary from time to time to confirm City’s ownership of the copyright in such documents. 6.13 Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information, and data, including, but not limited to, computer tapes, discs, or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Code Section 7920.000 et seq.). Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 7924.510, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court. 6.14 Conflict of Interest. Consultant and its officers, employees, associates, and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates, and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates, or subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute. Consultant’s duties and services under this Agreement shall not include preparing or assisting the City with any portion of the City’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with the City. The City shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. Consultant’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. Consultant shall cooperate with the public entity to ensure that all bidders for a subsequent contract on any subsequent phase of this project, if any, have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by Consultant 12 pursuant to this Agreement. 6.15 Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City’s representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates, and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction. 6.16 Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect. Notwithstanding the above, this provision shall not apply to any publicly advertised position to which an employee, without enticement or promises by Consultant, applies. 6.17 Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City’s Request for Proposals, the Consultant’s Proposal. 6.18 Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein. 6.19 No Third-Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement. 6.20 Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement. 6.21 Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement. 6.22 Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement. 6.23 Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy 13 in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver. 6.24 Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations. 6.25 Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement. 6.26 Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement. Signatures on the following page. 14 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written. CONSULTANT: By:__________________________________ Date: __________________________ Name: Title: By:__________________________________ Date: __________________________ Name: Title: CITY OF BALDWIN PARK, a municipal corporation By:__________________________________ Date: __________________________ Alejandra Avila Mayor Attested to: By:________________________________ Christopher Saenz City Clerk Approved as to form: By:________________________________ Christian Bettenhausen City Attorney EXHIBIT “A” SCOPE OF SERVICES City of Baldwin Park Local Hazard Mitigation Plan Preparation Services Response to Request for Proposal CONFIDENTIAL 6 Approach to Scope of Services CONSTANT describes our approach, progressing through FEMA’s elements A-H per the Local Mitigation Planning Policy Guide. In the Appendix, we crosswalk FEMA’s elements against the City’s desired phases 1-7. Project Management Our staff will use a project management approach that emphasizes applying knowledge, skills, tools, and best practices to exceed customer expectations. Project Management Tools and Communication Mechanisms Table 1. CONSTANT will leverage project communication and management tools. CONSTANT will facilitate the LHMP process through FEMA’s Elements A-H. We will engage Cal OES’s Hazard Mitigation Planning Division to vet planning concepts to expedite plan approval, setting up a shared folder and asking questions to learn more about their expectations as we begin the project. This sets us up for successful LHMP review where we have validated our approach during planning. Element A: Planning Process This task includes developing a process for crafting the LHMP according to FEMA’s Local Mitigation Planning Policy Guide and the Plan Review Tool (PRT), establishing the Project Management Team and the Hazard Mitigation Planning Committee (HMPC), conducting HMPC meetings, documenting the planning process, and executing the Public Outreach Strategy. Tool/Method Description Project Management Plan (PMP) • The PMP will serve as a “road map,” capturing all project elements end-to-end. Quality Assurance Quality Control (QAQC) Plan • The QAQC Plan will be implemented at the deliverable level to address technical requirements, professional quality, and data management. Microsoft SharePoint and Teams • SharePoint serves as a communications tool and document share. We also use Planner to track tasks. Unanet • Unanet tracks timekeeping, expenses, and budgets. Team members complete daily timesheets. Bi-Weekly Project Meetings • CONSTANT will meet every other week with the City PM to maintain communication and ensure schedule, cost, and program goals are achieved. Monthly Status Reports • Monthly status reports will summarize accomplishments, risks, and needs. Meeting Minutes • CONSTANT will distribute minutes and action items within three (3) business days of each formal event. Project Calendar • The calendar within the PMP will include meeting dates, deliverable due dates, and target reviewers. Internal Meetings • We will meet internally to manage deliverables. Secure Client Approval • The City PM will approve documentation prior to distribution. Closeout Report • A report will summarize the project and next steps. City of Baldwin Park Local Hazard Mitigation Plan Preparation Services Response to Request for Proposal CONFIDENTIAL 7 Organize Personnel Resources The planning process requires consistent communication and coordination between the City and CONSTANT, oversight from the HMPC, and engagement with stakeholders and the public. Below, we identify how the Project Management Teams, HMPC, and community will participate in the LHMP process. Table 2. Our approach engages a diverse team of stakeholders. Role of Baldwin Park’s LHMP Stakeholders CONSTANT/City Project Management Teams Composition: CONSTANT’s Executive Sponsor, PM, and Deputy PM and the City PM. Role: Guide the planning, implementation, and tracking of the LHMP process, including defining scope, determining resources, maintaining a project schedule, and serving as point of contacts. Meetings: Project Management Kickoff Meeting and Bi-Weekly Project Management Meetings. Responsibilities: Coordinate CONSTANT and Baldwin Park engagement in the project, facilitate data collection and document review, and lead community engagement and LHMP adoption. HMPC Composition: Participating City departments with review and approval responsibilities, County representatives, stakeholders with assets in the area, private agencies, neighboring jurisdictions, community leaders, elected officials, non-profits, religious institutions, etc., representing a whole community approach. Role: Provide guidance, feedback, and local insights on needs, structures, recent events, and relationships. Meetings: Series of HMPC Meetings. Responsibilities: Participate in the planning process, attend meetings, provide data, solicit community input, identify new/proposed mitigation projects, review LHMP drafts, and support implementation of projects. Baldwin Park Community Members Role: Provide local perspective into community mitigation priorities and knowledge of the local population. Responsibilities: Attend HMPC Meetings and public outreach meetings, respond to surveys, and review the LHMP draft. Non-HMPC City Stakeholders Role: Participate in the planning process across Community Lifelines as individuals or groups who can implement or be affected by mitigation strategies. Responsibilities: Participate in the planning process. Project Management Kickoff Meeting The City and CONSTANT Project Management Teams will conduct a virtual Project Kickoff Meeting to confirm that project is underway, seek concurrence on the scope of the Baldwin Park LHMP, present a draft PMP and QAQC Plan, identify key stakeholders for the HMPC, and review the project timeline. Engaging the HMPC The HMPC will drive the LHMP development through a series of facilitated meetings. The HMPC will participate in the planning process, provide data, solicit input from their community, provide information on how threats and risks differ across the planning area, identify new/proposed mitigation projects, review LHMP drafts, coordinate formal adoption of the LHMP, and manage the implementation of mitigation projects. Our approach emphasizes early, effective engagement with the HMPC to ensure compliance with FEMA regulations. CONSTANT will provide thorough documentation for each HMPC Meeting to ensure we City of Baldwin Park Local Hazard Mitigation Plan Preparation Services Response to Request for Proposal CONFIDENTIAL 8 have the proper documentation related to who led the development of the LHMP at the staff level and who provided information for the LHMP. We recommend the following meetings held in virtual formats: Table 3. CONSTANT’s meetings will cover the following topics. CONSTANT will continue to engage the HMPC beyond the HMPC meetings to review sections and drafts of the LHMP and solicit any data or information gaps. Public Outreach Strategy CONSTANT has developed Public Outreach Strategy Checklists to simplify the public involvement process and ensure compliance. Successful engagement achieves multiple objectives, including discerning the public’s perception of risk and vulnerability associated with natural hazards and identifying mitigation actions that would be supported. CONSTANT proposes a collaborative engagement approach that both informs and provides platforms for input: Public participation in HMPC Meetings: Per the Ralph M. Brown Act, the public must be invited to attend HMPC Meetings. Virtual attendance options will be provided via links, and we will work with the City to notify community centers to allow them to facilitate participation for those lacking internet. Public outreach meetings: CONSTANT will host up to five (5) in-person public outreach meetings. The first three (3) meetings will be used to introduce the public to the LHMP, educate the public on the LHMP process, and identify community concerns. They will be scheduled alongside City-sponsored community events. The final two (2) public meetings will be used to review the draft LHMP and will consist of presentations delivered to the Planning Commission and the City Council. Outreach materials will be translated to Spanish, with additional languages (Vietnamese, Mandarin, Tagalog, etc.) available upon request. Survey: The survey provides an opportunity for the community to participate in the LHMP HMPC Meeting Schedule HMPC Kickoff Meeting • Begin the LHMP process and introduce CONSTANT. • Establish expectations with the HMPC. • Request City guidance, reference documents, planning efforts, and points of contact to inform the LHMP. • Socialize understanding of requirements for outreach. • Identify natural hazards to be assessed by the LHMP. • Develop mitigation goals. HMPC Meeting #2 • Solidify and present hazards of prime concern. • Describe a risk assessment for each hazard. • Define critical facilities and infrastructure for the City. HMPC Meeting #3 • Approve risk assessment findings. • Complete capability assessments. • Identify mitigation goals, actions, and action plan. HMPC Meeting #4 • Complete project prioritization and risk analysis. • Solidify holistic mitigation strategy. • Discuss next steps, including the public review period, plan adoption, and submission to Cal OES and FEMA Region IX. City of Baldwin Park Local Hazard Mitigation Plan Preparation Services Response to Request for Proposal CONFIDENTIAL 9 process. It will be posted on the City website to elicit participation and be designed so to understand the public’s hazard concerns and integrate them within mitigation activities. It will be conducted using SurveyMonkey, and will include multiple-choice and open-ended questions. Social media and web content: CONSTANT suggests that the City sponsors a webpage to centralize LHMP information. We will develop web content for the website and social media that will include fact sheets, digital forms, public notices, press releases, and links to the survey and public review LHMP. Print assets: CONSTANT recommends that collateral is printed by the City to promote public participation by those who lack internet access. These materials should be posted in high traffic locations. We recommend that the HMPC works with community organizations to support distribution. Engaging the Whole Community: CONSTANT will define Whole Community targets within the City, along with identifying traits that render individuals more susceptible to natural hazards. We will use open-source tools, like the Centers for Disease Control and Prevention’s Social Vulnerability Index, and data collected from the HMPC to identify potential barriers to outreach and ways to overcome. Documenting the Planning Process Included in the LHMP will be a narrative of actions taken to prepare the plan, outline of HMPC meetings, public outreach log, delineation of participants involved in plan development, and coordination of the LHMP with existing plans. Element B: Risk Assessment Following the coordination of the LHMP planning process, the establishment of the HMPC, and initiation of public outreach, CONSTANT will produce a detailed risk assessment. The risk assessment serves as a foundational requirement of the LHMP and includes identifying and developing concise profiles of potential hazards, analyzing each hazard with respect to community assets and potential impacts, and crafting a vulnerability assessment. Hazard Identification and Profiles Following review of the prior Baldwin Park LHMP, General Plan, and Municipal Code, the California State HMP, the Los Angeles County HMP, and receipt of data collection tool worksheets, CONSTANT will identify relevant natural hazards to address in the LHMP. FEMA’s Local Mitigation Planning Policy Guide requires considering the probability of future hazard events and plan impacts to reflect changes in development, and climate change is currently facilitating strengthened frequency and extremity of several hazards. Hazards that are identified will include those originating from natural disasters, climate change, and geologic hazards. This task will include developing hazard profiles, noting their type, location, extent, previous occurrences, future probability, community vulnerability, and regulatory environment as required by the DMA 2000. We will also include analysis of how hazards will impact community members with access and functional needs (AFN). City of Baldwin Park Local Hazard Mitigation Plan Preparation Services Response to Request for Proposal CONFIDENTIAL 10 CONSTANT will collaborate with the HMPC to finalize its hazard list, conduct preliminary hazard prioritization, and begin development of the risk assessment. CONSTANT will use current or recent risk assessments as the baselines to describe each hazard. This includes: • Considering concise descriptions of natural hazards, including their location, extent, previous occurrence, and probability of future events. • Ensuring impacts from climate change are represented. This includes describing the impact of natural hazards on the community and critical facilities due to climate change. This is a requirement of California SB 379. • Leveraging the National Risk Index to construct a risk prioritization matrix to evaluate risks. It provides a composite score for hazards and individual scores based on Expected Loss, Social Vulnerability, and Community Resilience. Asset Inventory The asset inventory will describe types and numbers of critical facilities, people, structures, systems, natural, historic, and cultural resources, and activities that have value to the community within the identified hazard areas. Changes in land use, types of development, and population growth and their subsequent implications for vulnerable areas and high-risk populations will also be detailed. The result will be a parcel-level inventory of vulnerable structures and asset components. CONSTANT will reference Baldwin Park’s General Plan, census data, existing reports, comprehensive plans, local flood maps, and Geographic Information System (GIS) data to gather an inventory of the types and numbers of buildings, infrastructure, and critical facilities, inclusive of comprehensive information such as the allowable occupancy, earthquake building type, square footage, and more. We will also conduct up to 10 individual or small group interviews to ensure that this inventory is accurate. Hazard Mapping Preparation of the hazard profiles and asset inventory will support GIS maps of relevant hazards and analysis to determine areas of potential vulnerability. CONSTANT’s GIS team will create a base map and a set of hazard maps based on available hazard data and infrastructure inventories from Los Angeles County, the City’s General Plan, FEMA, USGS, local organizations, conservancies, the Red Cross, the Salvation Army, and other sources to display hazard identification data and assets, including public buildings, critical facilities, parcels, structures, land use, and populations. Vulnerability Assessment The Vulnerability Assessment includes analyzing each hazard with respect to the potential location of impact, magnitude/extent, previous occurrences, future probability, vulnerability of parts of the community, and potential consequences. CONSTANT will use an HMPC Meeting to present the findings from the assessment and commence the hazard mitigation goals and mitigation strategy processes. CONSTANT will develop a Vulnerability Assessment for each of the hazards identified. CONSTANT will utilize structure, land, population, residential building, critical facilities, infrastructure, and scientific data previously gathered during the Asset Inventory to summarize Baldwin Park’s vulnerability to hazards including: City of Baldwin Park Local Hazard Mitigation Plan Preparation Services Response to Request for Proposal CONFIDENTIAL 11 • Delineation of types and numbers of critical facilities and infrastructure within hazard areas that are subject to potential losses or damage. Changes in land use, types of development, and population growth and their subsequent implications on the whole community will also be crafted as available. • Inventory of repetitive flood loss structures, including information on past insurance claims and descriptions of repetitive loss neighborhoods. • Estimates of potential dollar losses from hazards based upon analysis of County/City assessor’s data and other sources with hazard locations and any changes to approach that were utilized to determine these losses. • Potential impacts on future development based on land use patterns. The final goal of the Vulnerability Assessment is to develop a summary of the City’s vulnerability to each hazard, the potential impacts, and capabilities for mitigating hazard impacts. CONSTANT will use structure, land, population, residential building, critical facilities, and scientific data to assess the City’s vulnerability. A Hazus analysis is not required for City LHMPs, and CONSTANT has leveraged alternative strategies to quantify and model loss estimates for LHMPs crafted for nearby cities Manhattan Beach and Torrance. In absence of a Hazus analysis, CONSTANT can leverage FEMA’s Risk MAP and Cal OES’s MyHazards alongside available datasets, County and City Assessor datasets, and HMPC-provided information to quantify risk information. We recommend this approach for the City of Baldwin Park but have also provided optional pricing for a Level 2 Hazus analysis for flood and earthquake. Element C: Mitigation Strategy CONSTANT will craft a blueprint that details hazard mitigation actions, goals, and strategies. The Mitigation Strategy will seek to reduce the risks detailed by the Vulnerability Assessment in Element B. As Baldwin Park invests in this plan, we will use the current conditions analyzed in Elements A and B to craft mitigation goals and actions and set the pathway for implementation. Capability Assessment CONSTANT will conduct a capability assessment of the City’s authorities, policies, programs, and resources. It will lay the foundation for the development of goals and mitigation actions and will measure the City’s capabilities to implement solutions that contribute to the reduction of long-term vulnerabilities to hazards. We will organize these capabilities into local legal and regulatory capabilities, administrative and technical capabilities, financial resources, and education and outreach resources, and we will connect these resources/capabilities to hazard mitigation and the appropriate managing or administrative parties. Capabilities that will be assessed will include protective measures under the National Flood Insurance Program (NFIP), building codes, zoning ordinances, completed or ongoing mitigation projects, and mitigation policies. CONSTANT has developed a Capabilities Assessment Worksheet that will be distributed to the HMPC. Establish Hazard Mitigation Goals CONSTANT proposes to present the final findings from the risk, vulnerability, and City of Baldwin Park Local Hazard Mitigation Plan Preparation Services Response to Request for Proposal CONFIDENTIAL 12 capabilities assessments and kick-start the hazard mitigation goal selection and mitigation strategy processes during a HMPC Meeting. Prior to this meeting, we will also distribute a request for any known prior hazard mitigation activities to each participating City department or partner and ask that they update the status of the mitigation activities, whether completed, ongoing, removed, or deferred. This is a critical step to consider continuing incomplete mitigation activities and developing new strategies. Mitigation goals are broad, high-level statements that define the direction of the LHMP. During the HMPC Meetings, the HMPC will solidify the goals of the Baldwin Park LHMP based on current priorities and recent disasters. This approach will support seamless transitioning into meetings where mitigation strategies and activities will be developed. Identify and Analyze Mitigation Measures DMA 2000 requires that hazard mitigation strategies include a section that identifies and analyzes a comprehensive range of mitigation actions and projects being considered to reduce the effects of each hazard, with emphasis on new and existing buildings and infrastructure. This step is the core to developing the LHMP as it sets a roadmap for future implementation. We will develop activities that fall into four (4) broad categories: local plans and regulations; infrastructure projects; systems protection; and education, awareness, and outreach programs. CONSTANT proposes to use HMPC Meetings to develop the Mitigation Action Plan and Strategy. We understand that there must be a mitigation action for each hazard and will coordinate with participants to develop mitigation actions. Mitigation Action Plan The Mitigation Plan or “Action Plan” supports implementation by describing how the mitigation activities will be incorporated into existing plans and how the mitigation actions will be prioritized, implemented, funded, and administered. Prioritization must include an emphasis on the extent to which benefits are maximized according to a cost-benefit review of the projects including their associated costs and resources required. CONSTANT will use the Social, Technical, Administrative, Political, Legal, Economic, and Environmental (STAPLE-E) matrix to prioritize mitigation actions. The Mitigation Action Plan will be prepared as a matrix with an action for each hazard. We will coordinate with participants to develop actions that identify how each action will be implemented, who is responsible, funding mechanisms, timeframe for implementation, and priorities. Cost estimates will be produced to define comparative cost scales and accordingly prioritize feasible mitigation actions. Actions that do not have funding will be highlighted for attention. The LHMP will also include actions that benefit the Whole Community in accordance with FEMA and Cal OES guidance. Where possible, the LHMP should implement mitigation actions through existing plans and policies that already have support from the community and policy makers. Evaluating Funding Sources CONSTANT will identify available grant funding to include in the LHMP alongside expected time frames for availability. We note that grant funding sources are evolving, and we will tailor our approach to funding available at time of project conduct. City of Baldwin Park Local Hazard Mitigation Plan Preparation Services Response to Request for Proposal CONFIDENTIAL 13 Element D: Plan Maintenance As mitigation actions are accomplished, hazards evolve, and priorities change, the LHMP must be maintained. FEMA requires that LHMPs contain processes for making the plan an actionable, living, document. We will describe how the City will monitor, implement, and update the LHMP. We recommend an annual review meeting with the HMPC in addition to the five (5) year reviews in accordance with the requirements of the DMA 2000. We will include a checklist and implementation plan for mitigation measures describing steps to implement, lead/supporting departments, funding sources, and timeline. The plan will also include processes for the public to review the plan on a regular basis and will identify any triggers that could constitute a holistic plan update. Element E: Plan Update As the LHMP is compiled, we will draft the LHMP to meet all requirements of DMA 2000 and adhere to FEMA’s Local Mitigation Planning Policy Guide and the PRT. The plan will include changes in development, priorities and progress in local mitigation efforts. We will provide iterative versions of the LHMP, including a public draft. During this task, we will also integrate the LHMP into other existing City plans. Integrate Plan Requirements into Existing Planning Mechanisms CONSTANT will craft a crosswalk that details planning mechanism contents, regulatory guidance, plan ownership, and plan commonalities and divergences between the LHMP and other plans. As we draft the LHMP, we will work with the HMPC to identify the process for incorporating the plan’s requirements into other planning mechanisms, cross integrating components to ensure full compliance. We further describe General Plan Safety Element updates in Element H. Administrative Draft CONSTANT’s initial draft of the LHMP will be available for review by the City PM, HMPC, and the Area D Disaster Management Area Coordinator. We propose at least a two (2)- week review period and will provide a comment matrix to each stakeholder to ensure comments are addressed. The draft will include an Executive Summary of the development process that will be edited through adoption and final plan approval. Public Review Draft Following review of the Administrative Draft, CONSTANT will incorporate comments from the HMPC and prepare a Public Review Draft for the public review and comment period. This will consist of the additional public outreach meetings described in Element A to provide an opportunity for participation and comment. CONSTANT will also facilitate public feedback on the draft LHMP through the City website via a feedback form or accepting email feedback through a designated inbox. This is an important step to ensure community stakeholder involvement in the process and afford residents, business owners, elected officials, and others a chance to review the LHMP. Agency Submission Draft CONSTANT will make edits based on public feedback and re-complete the PRT, which City of Baldwin Park Local Hazard Mitigation Plan Preparation Services Response to Request for Proposal CONFIDENTIAL 14 will confirm that all requirements stipulated by FEMA and Cal OES have been completed prior to submission. This draft will first be submitted to Cal OES’s State Hazard Mitigation Officer (SHMO). Once Cal OES’s review is complete, the LHMP will be shepherded to FEMA Region IX for their review and approval. While the goal is to create an LHMP that proceeds through the review process with no comments, it is possible that Cal OES or FEMA will provide observations that require draft modifications. CONSTANT will address concerns to advance the LHMP until FEMA approves the plan. We will review all FEMA “Required Revisions” comments and perform “Required” tasks to finalize the LHMP within a Final Plan for adoption by the Baldwin Park City Council. Element F: Plan Adoption Baldwin Park’s City Council must adopt the final LHMP before FEMA considers it to be an approved plan. After adjudicating comments from the public review period, CONSTANT will develop a Final Draft Plan for the HMPC to present for adoption. There are two (2) options that can be leveraged for adoption depending on City preferences. Regardless of methodology, CONSTANT will assist the City PM and/or HMPC with an in-person presentation to the City Council and provide a Frequently Asked Questions sheet. The meeting will be public in accordance with Government Code 65353(a) and 65355. The adoption resolution will be collected as it is completed into the LHMP. Below, we further explain the two (2) options for adoption: • Early Adoption: Cal OES recommends that jurisdictions calendar the LHMP adoption as a board item once they approve the LHMP and send it for approval to FEMA Region IX. Cal OES has a 99% approval rate by FEMA Region IX once it leaves their hands. • Adoption following FEMA Review: Once FEMA Region IX issues an “approval pending adoption” notice following its review, CONSTANT can assist Baldwin Park in shepherding the adoption of the plan by the City Council. Once the LHMP is adopted, CONSTANT will provide digital/editable copies of the Cal OES and FEMA approved LHMP. Element G: High Hazard Potential Dams Baldwin Park does not have High Hazard Potential Dams (HHPDs) within the planning area, so this element is not applicable. Element H: Additional State Requirements California-specific requirements like Government Code section 65302, AB 2140, SB 379, SB 1000, SB 1241, AB 747, and AB 162 are incorporated throughout the LHMP development process. California AB 2140 and AB 747 require that jurisdictions adopt the LHMP as part of their General Plan Health and Safety Element to be eligible for enhanced reimbursement from the State. CONSTANT will provide guidance to Baldwin Park on how to gain compliance. 16 EXHIBIT “B” FEE SCHEDULE City of Baldwin Park Local Hazard Mitigation Plan Preparation Services Response to Request for Proposal CONFIDENTIAL 15 Cost Proposal Assumptions CONSTANT provides a cost breakdown to develop the City’s LHMP. We are confident that our pricing structure reflects the scale of work involved and the value of our expertise. We provide resources that result in a well-organized, compliant, usable, and community informed LHMP. In addition to those detailed in Approach to Scope of Services, assumptions include: • Payment for this work shall be on a Firm Fixed Price (FFP) basis aligned with a not- to-exceed cost with a monthly deliverable/milestone-based invoicing schedule that aligns with FEMA’s phases. • The project period of performance will be November 2025 to December 2026. • All check-in meetings and HMPC meetings will be conducted virtually. • CONSTANT will provide in-person representation for the Public Outreach Meetings and City Council adoption. • We will provide Spanish translation for materials used for public outreach. Should translation for additional languages be required, we can provide a quote. • We include pricing for Level 2 Hazus Analysis for flood and earthquake in our cost proposal but note that there are cost-effective alternatives that can be explored for City LHMPs. Cost Proposal CONSTANT provides our cost proposal below, which includes hourly rates for identified team members should additional services be required. Figure 2. CONSTANT provides a cost proposal to develop Baldwin Park's LHMP. Executive Sponsor Project Manager Deputy Project Manager Project Support Project Support Mona Bontty Dan Smith Trey Brooke Matthew Rodriguez Hazus Consultant $222.81 $133.26 $117.71 $117.71 $424.00 1 Element A: Planning Process 68 85 85 88 6 332 $49,386.01 2 Element B: Hazard Identification and Risk Assessment 30 45 45 30 50 200 $42,709.25 3 Element C: Mitigation Strategy 18 25 25 20 0 88 $12,639.03 4 Element D: Plan Maintenance 2 4 2 2 0 10 $1,449.50 5 Element E: Plan Update 29 60 60 40 0 189 $26,228.09 6 Element F: Plan Adoption 20 10 10 0 0 40 $6,965.90 7 Element H: Additional State Requirements 5 5 0 0 0 10 $1,780.35 Total Labor:172 234 227 180 56 869 $141,158.13 Other Direct Costs Printing $850.00 Travel $5,500.00 Spanish Translation $3,500.00 Total Other Direct Costs:$9,850.00 TOTAL PRICE $151,008.13 City of Baldwin Park Local Hazard Mitigation Plan Preparation Services October 23, 2025 TOTAL HOURS TOTAL COST TASKS No.Description 17 EXHIBIT “C” SCHEDULE OF PERFORMANCE City of Baldwin Park Local Hazard Mitigation Plan Preparation Services Response to Request for Proposal 1 Project Milestones CONSTANT details project milestones that encompass an 11-month timeline for preparing the Local Hazard Mitigation Plan (LHMP), inclusive of California Governor’s Office of Emergency Services (Cal OES) and Federal Emergency Management Agency (FEMA) review timelines. CONSTANT’s timeline assumes a project schedule between December 4, 2025 and November 30, 2026. Final dates for all deliverables will be solidified within the Project Management Plan (PMP), and we will adjust dates in accordance with formal contract execution and project initiation to accommodate the FEMA submission deadline as required. The below project milestones account for project completion and plan adoption before December 2026. Key milestones will include the following: • Completion of the Project Management Kickoff Meeting within five (5) business days of contract execution. • Completion of the Administrative LHMP Draft by May 16, 2026. • Completion of the Public Review LHMP Draft by June 12, 2026. • Completion of the Agency Submission LHMP Draft by July 17, 2026. • Submission of the LHMP to Cal OES by July 24, 2026, initiating the 45-day Cal OES review process. • Shepherd of the LHMP from Cal OES to FEMA by September 18, 2026, initiating the 45-day FEMA review process. • Completion of a Project Closeout Report and Project Closeout Meeting by November 20, 2026. Page 1 / 3 ITEM NO: 8. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr, Chief Executive Officer PREPARED BY: Christian L. Bettenhausen, City Attorney DATE: December 3, 2025 SUBJECT: Public Hearing and Ordinance No. 1523: Proposed Extension of Moratorium Upon New, Non-Retail, Commercial Cannabis Operations SUMMARY: Over the last several years, the state of the City’s regulations for commercial (non-retail) cannabis operations as set forth in Baldwin Park Municipal Code (BPMC) Title XI, Chapter 127, “Medical and Adult Use Commercial Cannabis Production” (“Chapter 127”), have proven inefficient and irregular in application, at times resulting in disputes between the City and operators of commercial cannabis activity, up-to and including litigation. Chapter 127 and current disorder in commercial cannabis approvals poses a variety of potential known and unknown adverse impacts to the public health, safety and welfare of the City’s citizens. On November 5, 2025, the City Council adopted Interim Urgency Ordinance No. 1521 (the “Interim Ordinance”) establishing a 45-day moratorium on the submission and processing of applications for non-retail, commercial cannabis projects pending Staff analysis and preparation of new or revised regulatory proposals to govern non-retail, commercial cannabis land uses. Ordinance 1523 proposed now simply extends the moratorium set by the Interim Ordinance as permitted by law. RECOMMENDED ACTION: It is recommended that the City Council: 1. Conduct the Public Hearing; and 2. Waive full reading and adopt title only by four-fifths vote Ordinance 1523 entitled: “AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, EXTENDING AN URGENCY ORDINANCE ESTABLISHING A MORATORIUM ON APPROVAL, COMMENCEMENT, ESTABLISHMENT, OR OPERATION OF ALL COMMERCIAL (NON-RETAIL) CANNABIS LAND USES, INCLUDING WITHOUT LIMITATION CANNABIS MANUFACTURING, DISTRIBUTION, PROCESSING, DELIVERIES, AND CULTIVATION.” FISCAL IMPACT: There is no fiscal impact associated with this item. BACKGROUND: The City Council adopted Chapter 127 on August 16, 2017, in order to, among other things, expressly prohibit commercial cannabis activity in all zoning districts in the City of Baldwin Park excepting the City’s Industrial (I) and Industrial-Commercial (I-C) zones; to regulate the size, intensity, and community impacts attributable to commercial cannabis activity; and ensure the City's Municipal Code protects the health and safety of its residents while appropriately regulating commercial cannabis activity. However, administration of commercial cannabis approvals under current Chapter 127 has proven inefficient and irregular in application, at times resulting in disputes between the City and operators of commercial cannabis operations, up-to and including litigation. Page 2 / 3 To address inefficiencies and irregularities in the City’s regulation of commercial cannabis activity, the City’s Community Development Department and City Attorney are in the process of analyzing substantive revisions to the City's existing zoning and business regulations in Chapter 127. During Staff's ongoing study of alternative commercial cannabis program options, the new creation or expansion of commercial cannabis businesses would create a current and immediate threat to the health, safety, and welfare of the City, its residents and non-cannabis businesses. Article XI, Section 7 of the California Constitution and Government Code Section 65858 allow cities to adopt temporary moratoriums on an urgency basis to prohibit any uses that may conflict with contemplated or pending changes to the general plan, specific plan, or zoning proposals. On November 5, 2025, the City Council adopted the Interim Ordinance to impose a 45-day moratorium on commercial cannabis applications. Proposed Ordinance 1523 simply extends the effect of the existing moratorium as authorized by Government Code Section 65858. DISCUSSION: In the context of commercial cannabis operations, unclear regulations or irregular entitlement programs pose a variety of potential known and unknown adverse impacts, such as offensive odors and gases from commercial scale processing of cannabis products, unsafe or disapproved use of volatile and nonvolatile solvents, excess or dangerous waste, lapses in security resulting in theft, fire, or other crime or dangers related to the storage and commercial distribution of commercial-scale quantities of cannabis. All of these issues, and more, pose a threat to the public health, safety and welfare to the citizens of the City. Therefore, City Staff is currently studying and analyzing various options for proposing amendments to Chapter 127 in hopes of implementing a commercial cannabis program that is uniform in application, clear, and efficient in administration. While Staff conducts its evaluations, the establishment of new commercial cannabis businesses under the “old” cannabis program would perpetuate the irregularities posed by that program, hence defeating the purpose of Staff’s ongoing efforts to study and adopt new regulations. For these reasons, the City Council adopted Interim Ordinance 1521 on November 5, 2025, in order to impose a 45-day moratorium placing a temporary hold upon the City’s acceptance of applications for new, non-retail cannabis projects. The purpose of the moratorium is to preserve and promote the public health, safety, and welfare during the time that City Staff analyzes and prepares new or revised regulatory proposals to govern non-retail, commercial cannabis land uses, including providing the City Council with options and recommendations on possible programmatic changes. Unless extended, the moratorium imposed by Interim Ordinance will expire on December 20, 2025. Pursuant to Government Code Section 65858(a), the moratorium can be extended by 10 months, 15 days (for a total of one year, or November 4, 2026) subsequent to holding a public hearing on the matter. A maximum of two extensions may be applied, of which this is the first. Staff continues to evaluate potential revisions to Chapter 127 and other City permit regulations relating to commercial (non-retail) cannabis operations, which regulatory revisions are comprehensive and thus require more than 45 days. Therefore, Staff recommends an extension of the Interim Ordinance’s moratorium pending their continued analyses and drafting. If adopted, Ordinance1523 would extend the commercial cannabis moratorium to November 4, 2026, or until the City Council enacts an amendment to Chapter 127, its zoning ordinances or other applicable Municipal Code regulations relating to non-retail commercial cannabis, whichever occurs earlier. The moratorium extension proposed by Ordinance 1523 shall become effective immediately upon adoption if adopted by at least four-fifths vote of the City Council and shall remain in full force and effect until November 4, 2026, or an amendment to Chapter 127, the zoning ordinance or another applicable regulation adopted by City Council, whichever is earlier, unless earlier terminated by the City Council. Page 3 / 3 ALTERNATIVES: None. CEQA REVIEW: Ordinance 1523 is not subject to California Environmental Quality Act (CEQA) pursuant to Section 15060(c)(2) (the activity will not result in a direct or reasonably foreseeable indirect physical change in the environment), Section 15060(c)(3) (the activity is not a project as defined in Section 15378), Section 15061(b)(3) (it will not have a significant impact on the environment) and Section 15308 (actions by regulatory agencies for the protection of the environment) of the CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, because the subject ordinance has no potential for resulting in any significant physical change to the environment, either directly or indirectly. LEGAL REVIEW: This report has been prepared by the City Attorney. ATTACHMENTS: 1. Ordinance No. 1523 Extending Cannabis Moratorium ORDINANCE NO. 1523 AN ORDINANCE OF THE CITY OF BALDWIN PARK, CALIFORNIA, EXTENDING AN URGENCY ORDINANCE ESTABLISHING A MORATORIUM ON APPROVAL, COMMENCEMENT, ESTABLISHMENT, OR OPERATION OF ALL COMMERCIAL (NON- RETAIL) CANNABIS LAND USES, INCLUDING WITHOUT LIMITATION CANNABIS MANUFACTURING, DISTRIBUTION, PROCESSING, DELIVERIES, AND CULTIVATION WHEREAS, on November 5, 2025, the City Council adopted Interim Urgency Ordinance No. 1521 (“Interim Ordinance”) establishing a 45 -day moratorium on the establishment, creation, or expansion of all non-retail commercial cannabis activity in all zoning districts in the City; and WHEREAS, Baldwin Park Municipal Code (BPMC) Title XI, Chapter 127, “Medical and Adult Use Commercial Cannabis Production” (“Chapter 127”), among other things, expressly prohibits commercial cannabis activity in all zoning districts in the City of Baldwin Park excepting the City’s Industrial (I) and Industrial-Commercial (I-C) zones; regulates the size, intensity, and community impacts attributable to commercial cannabis activity; and ensures the City's Municipal Code protects the health and safety of its residents while appropriately regulating commercial cannabis activity ; and WHEREAS, administration of non-retail cannabis approvals under the City’s current regulations in Chapter 127 has proven inefficient and irregular in application, at times resulting in disputes between the City and operators of commercial cannabis activity, up-to and including litigation; and WHEREAS, the City’s primary objective is the protection of public health, safety, and welfare; and WHEREAS, City staff is therefore currently considering, studying and analyzing various options for proposing amendments to the City's existing zoning and business regulations to prohibit, permit, or conditionally permit commercial cannabis activity businesses to the end of implementing a commercial cannabis program that is uniform in application, clear, and efficient in administration ; and WHEREAS, California Government Code section 65858 authorizes the City Council to adopt, by a four-fifths vote, an extension to the Interim Ordinance for up to ten (10) months and fifteen (15) days. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. The Recitals set forth above are hereby adopted as the findings of the City Council in connection with the adoption of this Ordinance and that based on the above Recitals, there is an immediate threat to the public health, safety and welfare. The adoption of this Ordinance is necessary for the immediate protection of the public health, safety and welfare. SECTION 2. The purpose of this Ordinance is to extend the established moratorium under the Interim Ordinance on the approval or issuance of any new 2 Ordinance 1523 Page 2 of 4 commercial (non-retail) cannabis permits within the City of Baldwin Park for the immediate preservation of the public health, safety and welfare . Based on the findings set forth in the Recitals and incorporated herein in Section 1, if the City were to continue to issue permits for commercial (non-retail) cannabis operations, there would be an immediate threat to the public health, safety and welfare based on the following findings: a) The present state of Chapter 127 and current disorder in commercial cannabis approvals poses a variety of potential known and unknown adverse impacts, such as offensive odors, gases, and other discharges related to commercial scale processing of cannabis products, unsafe or disapproved use of volatile and nonvolatile solvents intended to be regulated by State regulations, excess or dangerous waste, water, and electricity usage, and theft, fire, or other crime or dangers related to the storage and commercial distribution of commercial -scale quantities of cannabis, all of which pose a threat to the public health, safety and welfare to the citizens of the City. b) The establishment or creation of such commercial cannabis activity businesses without appropriate regulation might conflict with or be inconsistent with surrounding uses, businesses and intended zoning requirements, and if such new operations are allowed to proceed under current BPMC regulations, commercial cannabis activity could conflict with, and defeat the purpose of, the proposal to study and adopt new regulations, consistent with State law, regarding commercial cannabis activity. SECTION 3. Interim Ordinance No. 1521 and all terms thereof is hereby extended to November 4, 2026, or until the City enacts an amendment to Chapter 127, zoning ordinances or another applicable regulation adopted by City Council, whichever is earlier. The issuance of any permit or applicable entitlement for any new or extended commercial (non-retail) cannabis operations shall not be approved or issued during the pendency of this Ordinance or any modification thereof. SECTION 4. This Ordinance shall become effective immediately upon adoption if adopted by at least four-fifths vote of the City Council and shall remain in full force and effect until November 4, 2026, or an amendment to Chapter 127, the zoning ordinance or another applicable regulation adopted by City Council, whichever is earlier, unless earlier terminated by the City Council. SECTION 5. The City Council has reviewed the matter and, based upon the facts and information contained in the staff reports, administrative record, and written and oral testimony, hereby finds that this Ordinance is not subject to CEQA pursuant to Sections 15060(c)(2), 15060(c)(3), 15061(b)(3) and/or Section 15308 of the State CEQA Guidelines, California Code of Regulations, Title 14, Chapter 3, in that it will not result in a direct or reasonably foreseeable indirect physical change in the environment no r have a significant impact on the environment. SECTION 6. If any provision of this Ordinance or the application thereof to any person or circumstance is held to be to be unconstitutional or otherwise invalid by a court 3 Ordinance 1523 Page 3 of 4 of competent jurisdiction, such invalidity shall not affect other provisions or applications of this Ordinance which can be implemented without the invalid provision or application and to this end the provisions of this Ordinance are declared to be severable. SECTION 7. For the term of this Ordinance, or any extension thereof, the provisions of this Ordinance shall govern over any conflicting provisions of any other City code, ordinance resolution or policy. Passed, approved, and adopted this 3rd day of December 2025. ______________________________ ALEJANDRA AVILA, MAYOR ATTEST: __________________________ CHRISTOPHER SAENZ CITY CLERK 4 Ordinance 1523 Page 4 of 4 STATE OF CALIFORNIA COUNTY OF LOS ANGELES CITY OF BALDWIN PARK I, CHRISTOPHER SAENZ, City Clerk, of the City of Baldwin Park, do hereby certify that the foregoing Ordinance No. 1523 was introduced at a regular meeting of the City Council held on December 3, 2025 and was adopted by the City Council at its regular meeting held on ________, by the following vote of the Council: AYES: NOES: ABSENT: ABSTAIN: _______________________________ CHRISTOPHER SAENZ CITY CLERK Page 1 / 2 ITEM NO: 9. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr, Chief Executive Officer PREPARED BY: Shirley Quinones, Chief Deputy City Clerk DATE: December 3, 2025 SUBJECT: Open Meeting and Teleconference Requirements and Approval of Policy on Distributions to Public Participation During Remote or Hybrid Meetings SUMMARY: The City is required by Senate Bill (SB) 707, (Durazo) Open Meetings: Meeting and Teleconference Requirements to adopt a policy on disruptions to telephonic or internet service at a noticed public meeting in open session RECOMMENDED ACTION: It is recommended that the City Council approve the Policy on Distributions to Public Participation During Remote or Hybrid Meetings. FISCAL IMPACT: There is no fiscal impact associated with this item at this time. BACKGROUND: The Ralph M. Brown Act requires, with specified exceptions, that all meetings of a legislative body, as defined, of a local agency be open and public and that all persons be permitted to attend and participate. Senate Bill (SB) 707, (Durazo) Open Meetings: Meeting and Teleconference Requirements would, until January 1, 2030, require a City Council or a County Board of Supervisors to comply with additional meeting requirements, including that all open and public meetings include an opportunity for members of the public to attend either via a two-way telephonic service or a two-way audiovisual platform (hybrid meetings), and a live webcasting of the meeting. Additionally, for all legislative bodies, the bill requires that agendas must be provided in English and any other language spoken by 20 percent or more of the population in the City, especially for those who have difficulty with speaking English. The bill also requires that the City Council on or before July 1, 2026, approve a “policy regarding disruption of telephonic or internet service occurring during meetings. The policy “shall address the procedures for recessing and reconvening a meeting in the event of disruption and the efforts that the eligible legislative body shall make to attempt to restore the service." If the agency’s phone or internet service fails and the public cannot participate as a result, the meeting must recess, and the agency must “make a good faith attempt to restore the service.” The City Council shall not reconvene the open session of the meeting until at least one hour following the disruption, or until telephonic or internet service is restored, whichever is earlier. In other words, if it takes only five minutes to fix, the meeting can reconvene at the five-minute mark. The legislative body “may meet in closed session during this period. If the service is not fixed by the end of one hour, the meeting may be resumed at that time if the eligible legislative body adopts a finding by rollcall vote that good faith efforts to restore the telephonic or internet service have been made. DISCUSSION: None Page 2 / 2 ALTERNATIVES: None CEQA REVIEW: None LEGAL REVIEW: This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS: 1. City of Baldwin Park Policy on Disruptions to Public Participation During Remote or Hybrid Meetings 1. Recess Upon Disruption If a disruption prevents public participation through two -way telephonic or audiovisual platforms, the legislative or governing body shall recess the open session and make good faith efforts to restore public access and participation. 2. Closed Session During Recess During the recess, the body may meet in closed session to address matters lawfully permitted under applicable open meeting laws. 3. Reconvening Open Session The open session may not reconvene until at least one hour has elapsed or public access has been restored, whichever occurs first. 4. Continuing Without Restored Access If public access cannot be restored after good faith efforts, the body may resume the meeting only after adopting, by roll call vote, formal findings that: o Good faith efforts were made to restore access; and o Continuing the meeting is necessary and that the public interest in proceeding outweighs the public’s interest in remote participation. 5. Decorum and Order In accordance with Chapter 39 of the Baldwin Park Municipal Code, Speakers must address the City Council as a whole and refrain from making impertinent, slanderous, or profane remarks or disrupt the peace of the meeting. The presiding officer of the meeting may remove a participant from a telephonic or audiovisual platform who are willfully disrupting the meeting. Individuals not responsible for disturbance of the orderly conduct of the meeting, will be allowed to remain on the telephonic or audiovisual platform of the meeting. 6. Enforcement of Decorum • Warning. The presiding officer shall request that a person who is participating through telephonic or audiovisual platform and is breaching the rules of decorum be orderly and silent. If, after receiving a warning from the presiding officer, a person persists in disturbing the meeting, the presiding officer shall order him or her, to leave the telephonic or audiovisual platform. • Removal. If such person does not remove himself or herself, the presiding officer may order IT Department, who is on duty at the meeting remove that person from the telephonic or audiovisual platform. City of Baldwin Park Policy on Disruptions to Public Participation During Remote or Hybrid Meetings