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HomeMy WebLinkAbout2017 12 13NOTICE CALL OF A SPECIAL TI OF THE CITY COUNCIL, TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, DECEMBER 13, 2017 at 5:30 PM. at City Hall — 31d Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: December 12, 2017 AFFIDAVIT OF POSTING w Manuel Lozano Mayor I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on December 13, 2017. X0 am Alejandra Avila City Clerk A2 "1 .r► A Ww'Kie,101111 1L • SPECIAL, Ti G TT Please note time and DECEMBER13, 2017 ng mmeeeetiting on 5:30 P - CITY HALL - 31 Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano - Mayor Ricardo Pacheco - Mayor Pro Tem Cruz Baca - Council member Monica Garcia - Council member Susan Rubio - Council member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APA GAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda, but only on any matter posted on this agenda. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish-speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar solamente sobre asunto publicado en esta agenda. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podr6 hacerlo durante el perlodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos a T un rrrCdr rete para su convenrencra. --p—mom - -- CITY COUNCIL SPECIAL MEETING — 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Cruz Baca, Monica Garcia, Susan Rubio, Mayor Pro Tem Ricardo Pacheco and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 el limite para hablar 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] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] OPEN SESSION/STUDY SESSION None. RECESS TO CLOSED SESSION 1. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) Pursuant to Government Code Section 54957.6: 6gLe,!iqy de igna t_r rpsentativ : Shannon Yauchzee, Chief Executive Officer, and Sean Gibbons, Coleman Frost LLP F r la ee (gani. ati : General Unit of Maintenance Employees, SEIU Local 721; Baldwin Park Police Officers Association 2. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8: Property: 13100 Brooks Drive Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Joseph White, Becker Boards Under Negotiation: Price and terms of payment 3. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8: A. Property: 4145 Puente Avenue (CAN 17-01) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Edward Avakyan, Jenome Research Under Negotiation: Price and terms of payment B. Property: 14551 Joanbridge Street (CAN 17-02) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Lih Ping Henry Liou, Baldwin Park TALE Corp. Under Negotiation: Price and terms of payment C. Property: 1453 Virginia Avenue (CAN 17-03) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Todd Seidner, Virginia Avenue Holdings, LLC Under Negotiation: Price and terms of payment D. Property: 15480 Arrow Highway (CAN 17-04) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Lynn Metrow and Todd Hill, Bud King's Weed Club Under Negotiation: Price and terms of payment E. Property: 4507 Littlejohn Street (CAN 17-05) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Tina Honglin Guan, Lucky Medical Cannabis Development, Inc. Under Negotiation: Price and terms of payment F. Property: 14824 Ramona Boulevard (CAN 17-06) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Shaun Bershatski, RUKLI, Inc. Under Negotiation: Price and terms of payment G. Property: 13111 Spring Street (CAN 17-07) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Ming Hong Huang, 428 Cloverleaf, LLC Under Negotiation: Price and terms of payment H. Property: 5117 Calmview Avenue (CAN 17-08) Agency Negotiators; Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Victor Chevez and Helen Chau, Casa Verde Group Under Negotiation: Price and terms of payment I. Property: 13467 Dalewood Street (CAN 17-09) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Darrin Oganesian and Ryan Oganesian, RD Baldwin Park Under Negotiation: Price and terms of payment J. Property: 14837 Ramona Boulevard and 14841 Ramona Boulevard (CAN 17-10) Agency Negotiators; Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC Under Negotiation: Price and terms of payment K. Property: 1453 Virginia Avenue, Suite "0" (CAN 17-11) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Chris Coogan, Therapy Crafted Brands, LLC Under Negotiation: Price and terms of payment L. Property: 5148 Bleecker Street (CAN 17-12) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Sergio Torres, Enrique Vega and Moses Acosta Medical Grade Farms BP Under Negotiation: Price and terms of payment M. Property: 15023 Ramona Boulevard (CAN 17-13) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Shaun Szameit, Joshua Pierce and Kevin Huebner Kultiv8 Group, LLC Under Negotiation: Price and terms of payment N. Property: 5010 Calmview Avenue (CAN 17-14) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Erika Villarruel and Art Castillo, Baldwin Park Caregivers Under Negotiation: Price and terms of payment O. Property: 14832 Arrow Highway (CAN 17-15) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Teresa Tsai, GSC Capital Group, LLC Under Negotiation: Price and terms of payment P. Property: 5129 Bleecker Street (CAN 17-16) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Michael Daniel Healy and Chad Everett LaChance, High Point Distribution, Inc. Under Negotiation: Price and terms of payment Q. Property: 5157 Azusa Canyon Road (CAN 17-17) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Mike Sandoval and Ed Barraza, Elite Green Cultivators Under Negotiation: Price and terms of payment R. Property: 5175 Commerce Drive (CAN 17-18) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Linda Thong, Pacific Cultivation, LLC Under Negotiation: Price and terms of payment S. Property: 14808 Arrow Highway (CAN 17-19) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Behnam Rodd, Jasper Rodd, and Luis Franco, Emerald Connection, LLC Under Negotiation: Price and terms of payment T. Property: 13409 Garvey Ave. (CAN 17-20) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Valentina Ambarchyan, Edvin Sanatgar, and Robert Harutyunyan, Checkpoint Distribution, Inc. Under Negotiation: Price and terms of payment U. Property: 428 Cloverleaf Drive (CAN 17-21) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Steve Yazeji, SCS Processing, Inc. Under Negotiation: Price and terms of payment V. Property: 15115 Ramona Blvd. AND 15004 Ramona Blvd. (CAN 17-22) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Rogelio Magana, Rancho Adelanto Development Enterprises Under Negotiation: Price and terms of payment W. Property: 14712 Arrow Highway (CAN 17-23) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Steve Chan, Manuel Suarez, and Gershom Luh, The Grown Folks, Inc. Under Negotiation: Price and terms of payment X. Property: 13450 Brooks Drive, Units A and C (CAN 17-24) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties:: Anthony Samuel and AvShalom Cohen, NRD, LLC Under Negotiation: Price and terms of payment Y. Property: 13460 Brooks Drive (CAN 17-25) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Ruben Kachian, Vertical Bliss, Inc. (Kushy Punch) Under Negotiation: Price and terms of payment Z. Property: 4802 Littlejohn Street (CAN 17-26) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Rodolfo Aguilar, SGV Caregivers, Inc. Under Negotiation: Price and terms of payment AA. Property: 13450 Brooks Drive, Units A and C (CAN 17-27) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Jonathan Yuan Kai, Jefferson Liou, and Jerrell Austin Shepp, Cloud Control, Inc. Under Negotiation: Price and terms of payment BB. Property: 4802 Littlejohn Street (CAN 17-28) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Marco Perez and Ren Yoneyama, VRD, Inc. Under Negotiation: Price and terms of payment CC. Property: 4276 Elton Street (CAN 17-29) (APNs: 8437-016-005, 8437-016-015, and 8437-016-016) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Yichang Bai, W&F International Corporation Under Negotiation: Price and terms of payment DD. Property: 14726 Arrow Highway (CAN 17-30) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Anthony Willoughby, Tier One Consulting Under Negotiation: Price and terms of payment EE. Property: 13460 Brooks Drive (CAN 17-31) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC Under Negotiation: Price and terms of payment FF. Property: 5151 Azusa Canyon Rd. (CAN 17-32) Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: David Morgan, Jorge Garcia, Paul Granada, Fausto Alex Chavez, Electric Atom Distribution Under Negotiation: Price and terms of payment 4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v City of Irwindale Case No. BS163400 Case Name: Tuttle v City of Baldwin Park Case No. 2:16 cv 09167 CAS GJS 5. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Filowlsillug Potential Case(s): One (1) CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on December 13, 2017. Alejandra Avila Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting docurnentatioo pertaining to each itena on this agenda are avaitable liar public viewing and inspection ra at City Hall, 2111 Fluor Lobby Area or, at the; Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items„ please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e-mail cavi 1w�r�ia€�;rk-cs�m. l rlarlr In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) NOTICE CALL OF A SPECIAL ..:ETI G OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, DECEMBER 13, 2017 at 7:00 PM. at City Hall — Council Chambers, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: December 12, 2017 AFFIDAVIT OF POSTING Manuel Lozano Mayor I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City''; Hall bulletin board not less than 24 hours prior to the meeting on December 13, 2817. r� Alejandra Avila City Clerk 3 I DECEMiBER 13, 2 17 7:00 PILI CITY HALL - COUNCIL CHAMBERS 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Ricardo Pacheco Cruz Baca Monica Garcia Susan Rubio - Mayor - Mayor Pro Tem - Council member - Council member - Council member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING /S IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA ...... .. FlJ___________ ELIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda, but only on any matter posted on this agenda. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish-speaking interl.)reter is available fort' ur° convenience. m.._ COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar solamente sobre asunto publicado en esta agenda. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podrcl hacerlo durante el pertodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. HayAn intdr�rrete i arra su conveniencia. CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE, ROLL CALL CITY COUNCIL SPECIAL MEETING — 7:00 P.M. Council Members: Cruz Baca, Monica Garcia, Susan Rubio, Mayor Pro Tem Ricardo Pacheco and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Presentation of a Plaque to former Mayor Pro Tem Susan Rubio PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 el limite para hablar 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] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA S1 REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accion an algun asunto a menos qua sea incluido en la agenda, o a menos qua exista alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar an consideracion en juntas proximas. [Codigo de Gobiemo §54954.2] 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. WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. 2. TREASURER'S REPORT — OCTOBER 2017 Staff recommends that Council receive and file the attached Treasurer's Report. 3. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. AMENDED Meeting Minutes of the Special and Regular City Council Meetings held on November 15, 2017. 4. AUTHORIZATION TO ENTER INTO A THREE-YEAR CONTRACT WITH SPECTRUM ENTERPRISES FOR INTERNET SERVICES Staff recommends that Council approve and authorize the Chief Executive Officer to execute the 3 -year contract with Spectrum to provide Internet Services to the City. 5. ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION — CITY PROJECT NO. 2017-0205 — STORM DRAIN IMPROVEMENTS AT FRANCISQUITO AVE AND RAMONA BLVD (CORAK STORM DRAIN PH. II) Staff recommends that Council: 1. Accept the construction improvements by Gentry Brothers, Inc. and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $10,480.71 in retention funds to Gentry Brothers, Inc. upon the expiration of the 35 -day notice period. 6. APPROVE RESOLUTION NO. 2017-217 "A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING A BICYCLE AND PEDESTRIAN SAFETY PROGRAM AND APPROPRIATING FUNDS FOR THE PROGRAM" AND APPROVE A CONSULTANT SERVICES AGREEMENT WITH BIKE SGV FOR SERVICES RELATED TO THE PROGRAM Staff recommends that Council: 1. Approve Resolution No. 2017-217 "A RESOLUTION OF THE CITY OF BALDWIN PARK APPROVING A BICYCLE AND PEDESTRIAN SAFETY PROGRAM AND APPROPRIATING FUNDS FOR THE PROGRAM"; and, 2. Authorize the Mayor to sign a consultant services agreement with (BikeSGV) for services related to community outreach, education, training and safety audit work in an amount not -to exceed $27,100; and, 3. Authorize the Finance Director to appropriate $40,000 from Fund 270 (Grants Fund) for the Consultant Services Agreement and to purchase promotional materials. 7. ACCEPT PLANS AND SPECIFICATIONS, AND AUTHORIZE PUBLISHING A NOTICE INVITING BIDS FOR CITY PROJECT NO. 2017-0211 SMART PARKING UPGRADES TO TRANSIT STRUCTURE AND SURFACE LOT PARKING PROJECT CIP NO. 42 AND 45 Staff recommends that Council approve the plans and specifications for the Smart Parking Upgrades to Transit Center Parking/Structure and to the Baldwin Park Metrolink Station Parking Lot (City Project No. 2017-0211) and authorize staff to advertise the Invitation to Bid. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. SA -1 SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. SA -2 SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK TREASURER'S REPORT — OCTOBER 2017 Staff recommends that Council receive and file the attached Treasurer's Report. PUBLIC HEARING 8. (CARRIED FROM DECEMBER 6, 2017, MEETING) PUBLIC HEARING FOR CONSIDERATION OF A MUNICIPAL (ZONING) CODE AMENDMENT BY URGENCY ORDINANCE TO MODIFY CHAPTER 127 (COMMERCIAL CANNABIS) TO INCREASE THE NUMBER OF PERMITS PERMITTED FROM FIFTEEN TO TWENTY Staff recommends that Council conclude the Public Hearing and, thereafter, waive the reading and adopt by title only Urgency Ordinance entitled, "An Urgency Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 127, Medical and Adult Use Commercial Cannabis, of Title XI, Business Regulations to the City of Baldwin Park Municipal Code." REPORTS OF OFFICERS 9. 1 A REQUEST FOR THE CONSIDERATION OF APPROVAL OF DEVELOPMENT AGREEMENTS FOR COMMERCIAL USE OF CANNABIS (MANUFACTURING, CULTIVATION, AND DISTRIBUTION) Staff recommends that, after consideration of the proposed Development Agreements, that the City Council approve up to twenty Development Agreements for Commercial Cannabis Manufacturing, Cultivation, and Distribution. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS COMMUNICATIONS Request by Council member Rubio for discussion and consideration: Create a young ladies conference for March to coincide with International Women's Day. The theme is "Press for Change". Conference to include support in the following areas: * Financial Literacy * Sexual Harassment/ Domestic Violence Prevention * Resume / Branding • Etiquette: American vs. European Follow the same model for a young men's Conference in September ADJOURNMENT CERTIFICATION 1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on December 13, 2017, J1/4 A`/ I '41frAl /IV( 41A� Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each iten"i on this agenda are available for public viewing and inspection atCity klafl, 2111r Floor Lobby Area oratthe Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda itenis, please contact the office of the City Clerk at (626) 960-4011 ext 466 or e-mail aavfla@DkiLd)6d�n arkxoffl. _ In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102,104 ADA TITLE //) SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. FISCAL IMPACT The payroll for the last period was $457,689.93 and the attached General Warrants Register were $675,910.81 for a total amount of $1,133,600.74 LEGAL REVIEW None required. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The payroll of the City of Baldwin Park consist of check numbers 199134 to 199159. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 3815 to 4069 for the period of November 19, 2017 through December 2, 2017 inclusive; these are presented and hereby ratified in the amount of $457,689.93 2. General Warrants, including check numbers 217388 to 217561 in the total amount of $675,910.81 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. ITEM NO. I +-STAFF REPORT pwLCr TO: Honorable Mayor and City Councilmembers US, 0 FFROM: Rose Tam, Director of Finance d 4 1E ' DATE: December 11, 2017 SUBJECT: WARRANTS AND DEMANDS. SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. FISCAL IMPACT The payroll for the last period was $457,689.93 and the attached General Warrants Register were $675,910.81 for a total amount of $1,133,600.74 LEGAL REVIEW None required. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The payroll of the City of Baldwin Park consist of check numbers 199134 to 199159. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 3815 to 4069 for the period of November 19, 2017 through December 2, 2017 inclusive; these are presented and hereby ratified in the amount of $457,689.93 2. General Warrants, including check numbers 217388 to 217561 in the total amount of $675,910.81 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. 0 City of Baldwin Park, CA Packet. PYPKT00451 - PP#25CC 12/06/17 Payroll Set: Payroll Set 01- 01 EniploVee__ Employee # AVH..A, ALEJANIDIRA 12/06/2017 BACA SEIVIBELLO, CRUZ B 5.()4 5t3 0 GARCIA, RAQUE] IMONICA 2,305M L.OZANO, MAINUIEL. 5.0.25M PACHECO, RICARIDO 1=9d PAG IIECO, RICARDO 2,165Z8 :)ACI-41EM, RICARDO 12/06/2017 RUBIO, SUSAN 3819 CON rm::]:�As, MARIA A 2,21223 Payroll Check Register Direct Deposits Date Arnount INumbeir 12/06/2017 2,007,24 3815 12/06/2017 2,305M 3816 12/06/2017 2,089,15 3817 12/06/2017 2,165Z8 38.1.8 12/06/2017 20,00 3819 1,2/06/2017 2,21223 3819 12/06/2017 150.00 381.9 12/06/2017 2,364,14 3820 12/06/2017 1,44456 382.1. 12/4/20:1.7 7.4531 PM "age 2 )F 4 Io�N City of Baldwin Park, CA Packet: PYPKT00451- PP#25CC 12/06/17 Payroll Set: Payroll Set 01- 01 Type . Regular Checks Manual Checks Reversals Voided Checks Direct Deposits Total CountAn-fount . 0 0.00 0 0.00 0 0.00 0 0.00 9 14,758.01 9 14,758.01 Payroll Check Register Report Summary Pay Period: 11/1/2017-11/30/2017 u0�0� 'H U "' u or", City of Baldwin Park, CA Packet. PYPKT00456 - PP#25BW 12/07/17 Payroll Set: Payroll Set 01- 01 Payroll Check Register Checks Pay Period: 11/19/2017-12/2/2017 Employee Employee # Check Type Date Amount Number THOMAS, LAURA JENEAN 5-0-4e2Z Regular 12/07/2017 2,152.39 199134 GUERRERO III, EDWARD K 504853 Regular 12/07/2017 229.34 199135 HEMENWAY, MICHAEL L Q..2 3. la Regular 12/07/2017 3,919.55 199136 NUNO, FRANCISCA 503128 Regular 12/07/2017 2,010.33 199137 VELEBIL, ANDREW D 028(� t,,� Regular 12/07/2017 3,810.03 199138 ALVAREZ, MARTHA P 502531 Regular 12/07/2017 735.68 199139 BURGOS, RAMON D 5aalal Regular 12/07/2017 879.50 199140 CANSECO, JORGE 503781 Regular 12/07/2017 1,258.41 199141 GOMEZ, JOSE M 504384 Regular 12/07/2017 1,328.14 199142 GOMEZ, RENE 504836 Regular 12/07/2017 399.53 199143 GRANADOS, FERNANDO 503660 Regular 12/07/2017 1,466.27 199144 ARENAS, LILIA 50488Q Regular 12/07/2017 349.67 199145 AVILA, DAVID 5D3353 Regular 12/07/2017 39438 199146 BARRERAS, CHRISTINA M 15DU '�� " " I Regular 12/07/2017 87.71 199147 GODOY, SILVIA502537 Regular 12/07/2017 682.52 199148 HERNANDEZ, ANA T 5Q48-zl Regular 12/07/2017 223.29 199149 HERNANDEZ, ARTURO S 504664 Regular 12/07/2017 382.53 199150 LOPEZ, ADAM J 504337 Regular 12/07/2017 86.37 199151 LUPIAN, MARIANA 504.M. Regular 12/07/2017 458.27 199152 MEDIANO, ELIAS D 4 Regular 12/07/2017 132.90 199153 NAJERA MARTINEZ, STEVEN P rHlp1 Lr M Regular 12/07/2017 86.67 199154 NAVARRO, JENNIFER Regular 12/07/2017 228.22 199155 RODRIGUEZ, CHRISTA S Regular 12/07/2017 159.48 199156 RODRIGUEZ, MICHAEL A .504843 Regular 12/07/2017 186.11 199157 VELASCO, ALAN 504M Regular 12/07/2017 309.67 199158 VILLANUEVA, FRANCISCO J 504M Regular 12/07/2017 230.37 199159 ----------------- �12/6/2017 4.ft52 PM '4>11 A DWI., . Nf DEV City of Baldwin Park, CA L Packet: PYPKT00456 - PP#25BW 12/07/17 Payroll Set: Payroll Set 01- 01 Payroll Check Register Direct Deposits Pay Period: 11/19/2017-12/2/2017 Employee Employee # Date Amount Number THOMAS, LAURA JENEAN 504882 12/07/2017 0.00 199134 ALVAREZ, MARTHA P 502531 12/07/2017 972.00 199139 BURGOS, RAMON D 5Q3-1-31 12/07/2017 255.00 199140 ARENAS, LILIA 5(141320) 12/07/2017 3.53 199145 BARRERAS, CHRISTINA M5 �22 4 12/07/2017 0.89 199147 LUPIAN, MARIANA 5.0.4875 12/07/2017 4,63 199152 BIGLEY, ELAINE C 5042 2 12/07/2017 1,513.24 3822 CABALLERO, ROSA 1 503537 12/07/2017 1,891.20 3823 ESPINOSA, JOANNA5�295 12/07/2017 765.46 3824 ESPINOSA, JOANNA 504235 12/07/2017 450.00 3924 ESPINOSA, JOANNA 5 C14 -1! 9 5 12/07/2017 200,00 3824 ESPINOSA, JOANNA 504295 12/07/2017 200.00 3824 HSU, MARK 503011 12/07/2017 2,00162 3825 MORRIS, ROBIN M 503637 12/07/2017 1,594.25 3826 MORRIS, ROBIN M 503637 12/07/2017 100.00 3826 MORTENSEN, DAVID D 504521 12/07/2017 1,208.35 3827 PALACIOS, CINDY A 503325 12/07/2017 985,93 3828 RUSSELL, KRISTINE A 504679 12/07/2017 1,833.99 3829 RUSSELL, KRISTINE A .5046.7.9. 12/07/2017 150.00 3829 TRUJILLO, MELISSA B 504559 12/07/2017 1,625.97 3830 YAUCHZEE, SHANNON A 1.4") 1,1111539 12/07/2017 4,347.37 3831 YAUCHZEE, SHANNON A 504639 12/07/2017 600.00 3831 ANSON, MARIA TERESITA M 111)01 12/07/2017 2,680.85 3832 BADILLO, MARIA 503,55312/07/2017 20.00 3833 BADILLO, MARIA 503553 12/07/2017 1,514.96 3833 BROELLOS, RONALD H 503330 12/07/2017 750.00 3834 BROELLOS, RONALD H 503330 12/07/2017 1,208.14 3834 CEBALLOS, ANTHONY 12/07/2017 50.00 3835 CEBALLOS, ANTHONY U48 ',Jet 12/07/2017 1,621.74 3835 CHEUNG, GAVIN J 1/4 12/07/2017 519.87 3836 HAMILTON, STEPHANIE ALYSSA 50487 12/07/2017 341.13 3837 HERNANDEZ, JESUS 12/07/2017 363.37 3838 JAIME, PATRICIA A 12/07/2017 1,457.76 3839 KEY, REBEKAH NEUNGHEE Q 4 �`� Z 12/07/2017 119.24 3840 RAMOS, HANNY YVONNE 5D -a9 42 12/07/2017 830.07 3841 RAMOS, HANNY YVONNE 503942 12/07/2017 50.00 3841 RAMOS, HANNY YVONNE 50942 12/07/2017 50.00 3841 RAMOS, HANNY YVONNE 503942 12/07/2017 100.00 3841 RAMOS, HANNY YVONNE 503942 12/07/2017 500.00 3841 RIVERA, SHARON A 503090 ..... . ..... . —.– 12/07/2017 1,748.21 3842 SALCIDO, SANDRA 0 50151 12/07/2017 300.00 3843 SALCIDO, SANDRA 0 501.518 12/07/2017 9,629.40 3843 TAM, HONG 504173 12/07/2017 4,10924 3844 TAM, HONG 504173 12/07/2017 500.00 3844 ACUNA, ADAMS .0.28.8.1. 12/07/2017 600.00 3845 ACUNA, ADAM S 02881 12/07/2017 1,954.85 3845 ADAMS, JASON K f,kC1 12/07/2017 200.00 3846 ADAMS, JASON K 02889 12/07/2017 3,005.31 3846 ADAMS, MARK R 02826 12/07/2017 3,278.90 3847 AGREGADO, WARREN C .02,$72 12/07/2017 3,314.11 3848 ALCAZAR, MARIO A 04425 12/07/2017 2,603.78 3849 12/6/2017 4t06:52 PIM P'I'X 2 0I'l Packet: PYPKT00456 - PP#25BW 12/07/17 Payroll Set: Payroll Set 01 - 01 IEmptoyee Date Amount Nlu,,,m,.b,er., ALVAREZ, JULIO 12/07/2017 3,391.42 3850 ANAYA, SUMMER N 12/07/2017 363.37 3851 AVILA, LEONARD 12/07/2017 3,591.64 3852 BARAJAS, JOSE J 0232 12/07/2017 3,322.61 3853 BARRIOS, ERNEST A D4428 12/07/2017 2,753.69 3854 BARTOLOTTI, JOSEPH D 020ft 12/07/2017 4,426.22 3855 BERUMEN, MARK A D -2B73 12/07/2017 2,469.11 3856 BERUMEN, MARK A aZa7a 12/07/2017 300.00 3856 BLACKBURN, SHAWN C 0233a 12/07/2017 3,554.14 3857 CAMACHO, ERIC JQ4-41� 12/07/2017 3,200.13 3858 CARR, ROSARIO B 2 36 12/07/2017 1,481.72 3859 CASTRO,JOSE UU92 12/07/2017 3,084.06 3860 CAZARES, EDWARD C 504770 12/07/2017 228.22 3861 CERVANTES, NOE D224U 12/07/2017 2,571.78 3862 CETINA, GONZALO E Q141), 12/07/2017 4,116.50 3863 CHILE, CARMEN C 0440 12/07/2017 3,060.89 3864 COLEY, GREGORY M 02.505 12/07/2017 3,895.28 3865 DAVILA, LILIANA 5DA-U2 12/07/2017 1,404.21 3866 DENA, PATRICIA C 5.Q-3 117 12/07/2017 25.00 3867 DENA, PATRICIA C 5.Q..311z 12/07/2017 300.00 3867 DENA, PATRICIA C 503117 12/07/2017 1,745.11 3867 ESPANTO, TED C 01791 12/07/2017 4,249.60 3868 ESPANTO, TED C Q 17al 12/07/2017 75.00 3868 ESPANTO, TED C 0179-1 12/07/2017 250.00 3868 ESPARZA, ROSA 50552 12/07/2017 830.00 3869 ESPARZA, ROSA 5,03552 12/07/2017 865.76 3869 ESPINOZA, CYNTHIA 504251 12/07/2017 1,580.06 3870 FELTON, RYAN T .04AN 12/07/2017 3,211.58 3871 FINDLEY, RAYMOND E D-ZEEla 12/07/2017 3,299.25 3872 GALCERAN, MELISSA A 1;AQ'14 ( 11113 1 12/07/2017 1,295.59 3873 GALE, TIM OTHY A 0442-0 12/07/2017 2,302.35 3874 GALLEGOS, JAMES E 0'fJIW14 12/07/2017 250.00 3875 GALLEGOS, JAMES E OZ224 12/07/2017 1,600.00 3875 GALLEGOS, JAMES E 92B34 12/07/2017 1,000.00 3875 GAMBOA, OTONIEL 0287Q 12/07/2017 3,385.72 3876 GONZALEZ, NORMAN E (j 2,, -Q 12/07/2017 3,009.71 3877 GUERRERO, BREANNA M 504692 12/07/2017 475.29 3878 GUERRERO,RUBEN 01'11, /-4 12/07/2017 2,571.86 3879 GUTIERREZ, ANDREW A 504822 12/07/2017 352.28 3880 HENDRICKS, JOSHUA N Q2a2Q 12/07/2017 2,99234 3881 HENDRICKS, JOSHUA N 02 -RQ 12/07/2017 250.00 3881 HERRERA, MARTIN 0440 12/07/2017 503.24 3882 HERRERA, MARTIN G+ 12/07/2017 2,012.95 3882 HOENES, IRMA F 5Q34 -AA 12/07/2017 600.00 3883 HOENES, IRMA F 503414 12/07/2017 580.68 3883 HOFFORD, CHRISTOPHER P Q19 -d-1 12/07/2017 4,280.18 3884 HOLGUIN, STEPHAN C 04429 12/07/2017 2,200.71 3885 HONEYCUTT, JEFFREY J)2m 12/07/2017 200.00 3886 HONEYCUTT, JEFFREY Q2853 12/07/2017 100.00 3886 HONEYCUTT, JEFFREY 02B53. 12/07/2017 3,097.46 3886 HUERTA, DIANA 503672 12/07/2017 100.00 3887 HUERTA, DIANA -5-Gauz 12/07/2017 2,757.17 3887 HUERTA, JORGE 02B76 12/07/2017 3,094.37 3888 ISAGAWA, KIYOTAKE Q44-14. 12/07/2017 2,769L69 3889 IZZO, JAMES J 04419 12/07/2017 2,884.97 3890 JIMENEZ, JR, JOSE L 02891 12/07/2017 3,693.77 3891 KHOR, CHNEH KIAN SDAB5L 12/07/2017 1,390.09 3892 KLING, LISA D O1 54 12/07/2017 1,322.41 3893 KOLBACH, JAMES R Q1 5 12/07/2017 1,750L00 3894 12/6/2017 4.O6 52 PM 114mp Ji A 1-3 Packet: PYPKT00456 - PP#25BW 12/07/17 Payroll Set: Payroll Set 01 - 01 ErriploNee Employee # Date Amount Number KOUBACH, JAMES R 1 12/07/2017 1,581.16 3894 KOSAKA,DARRYLR 0 0 d 12/07/2017 4,436.66 3895 KUBERRY, CHRISTOPHER R 02506 12/07/2017 4,51638 3896 KUBERRY, CHRISTOPHER R 02506 12/07/2017 500.00 3896 KUBERRY, CHRISTOPHER R D25-0fi 12/07/2017 300.00 3896 LARIVEE, ROBERT L 044-zk 12/07/2017 380.00 3897 LARIVEE, ROBERT L 0442 12/07/2017 200.00 3897 LARIVEE, ROBERT L 04426 12/07/2017 1,894.72 3897 LE, TUAN N 0289 12/07/2017 3,255.02 3898 LEON, DAVID MaE 12/07/2017 3,026.38 3899 LEON, THOMAS 04411 12/07/2017 2,621.93 3900 LEON, VANESSA M 5-UD4Q 12/07/2017 2,189.40 3901 LEON, VANESSA M S0404.Q 12/07/2017 25.00 3901 LOPEZ, NICHOLAS S DA41E 12/07/2017 2,279.74 3902 MADSEN, DOLORES M 5.QZQ41, 12/07/2017 1,519.37 3903 MANJARREZ, ESTEBAN Ga7a 12/07/2017 3,544.57 3904 MC AVOY, TODD 02861 12/07/2017 200.00 3905 MC AVOY, TODD 02.$ U 12/07/2017 2,294.11 3905 MEISTER, JOSEPH P 02507 12/07/2017 600.00 3906 MEISTER, JOSEPH P -Q2.502 12/07/2017 4,065.35 3906 MONTGOMERY, JOHN M 022B5 12/07/2017 1,600.00 3907 MONTGOMERY, JOHN M D22U 12/07/2017 1,584.09 3907 MORALES, KARINA 502159 6 12/07/2017 2,589.83 3908 MURILLO, SILVIA 504146 12/07/2017 150.00 3909 MURILLO, SILVIAU.4.146 12/07/2017 1,091.61 3909 NEWTON, DONALD 5 ((.J4('A, 12/07/2017 120.00 3910 NEWTON, DONALD SDAioa 12/07/2017 2,350.17 3910 OCAS, RICHARD .028'9 12/07/2017 2,673.13 3911 ORDONEZ, CARLOS 504180 12/07/2017 1,581.52 3912 ORELLANA GALINDO, IRNE 04424 12/07/2017 2,165.97 3913 ORELLANA GALINDO, IRNE U4424 12/07/2017 240.66 3913 ORTIZ, GABBY V 5Q I 12/07/2017 1,233.78 3914 PALOMARES, SARAH I .504.87.8 12/07/2017 320.13 3915 PARNELL, DOUGLAS A 0220 12/07/2017 4,149.17 3916 PARRA, EDWIN J 0-110 12/07/2017 3,395.80 3917 PATINO, JOHNNY F Q2 6 L5 12/07/2017 3,005.64 3918 PEREIDA, ELIZABETH G 503112 12/07/2017 310.00 3919 PEREIDA, ELIZABETH G 503112 12/07/2017 1,92639 3919 PINEDA VANESSA E 502596 12/07/2017 1,734.09 3920 RAMIREZ, KEVIN A 504670 12/07/2017 372.14 3921 REAL, FRANCISCO J U-81.49, 12/07/2017 3,154.11 3922 REYES, VIVIAN R rIio 1, t� U-fv 12/07/2017 3,373.99 3923 REYES, VIVIAN R 501886 12/07/2017 100.00 3923 RICCHIO, GREG 510419.3 12/07/2017 1,524.95 3924 RIVEROS, SAMUELS 04422 12/07/2017 2,079.90 3925 RODAS, ISRAEL A 04421 12/07/2017 3,215.48 3926 RODAS, ISRAEL A 04421 12/07/2017 200.00 3926 RODRIGUEZ, ALEXIS U289Z 12/07/2017 8,912.45 3927 RODRIGUEZ, JESSICA R .0.8 az) 6 12/07/2017 2,801.93 3928 ROOT, WILLIAM R I) C.4n 12/07/2017 2,958.94 3929 RUBIO, LILIANA 502643 12/07/2017 2,419.18 3930 SAENZ, KRYSTAL 5058 12/07/2017 710.10 3931 SAENZ,KRYSTAL .5 Q I '11'j (� ') 12/07/2017 200.00 3931 SANTIAGO, KIMBERLY 5046 12/07/2017 32.17 3932 SANTIAGO, KIMBERLY 5Q4685 12/07/2017 1,576.52 3932 SERRATO, JUAN C Q2B41 12/07/2017 3,321.07 3933 STEHLY, MELISSA K L R Z'2LII Z 12/07/2017 4,220.04 3934 TAPIA, EDWIN -0 A09 12/07/2017 3,631.78 3935 TAYLOR, MICHAEL R 12/07/2017 625.00 3936 1.2/6/2017 41 0652 MW Pago 4 0 l l Packet: PYPKT00456 - PP#25BW 12/07/17 Payroll Set: Payroll Set 01 - 01 12/11:1/2017' 4e06:52 PIM Page 1) of 11,9 Employee BP._ Date Amount Number TAYLOR, MICHAEL R 01586 12/07/2017 4,338.76 3936 VALDEZ, JANICE M .5.94.$.19 12/07/2017 464.16 3937 VALDIVIA, LUIS 2 12/07/2017 2,721.69 3938 VILLALOBOS, ANDRES A 04405 12/07/2017 2,351.56 3939 WENER, PHILLIP R D44Q-1 12/07/2017 2,999.90 3940 ZENDEJAS, WILLIAM 2 75 12/07/2017 3,212.55 3941 AGUILERA, LAURA V ."soz 7 9 12/07/2017 789.84 3942 AGUILERA, LISETH 504113 12/07/2017 1,502.46 3943 AGUINAGA, NINA M A'W" I 4 (0i 12/07/2017 1,173.39 3944 AGUINAGA, NINA M 504601 12/07/2017 125.00 3944 AGUINAGA, NINA M 12/07/2017 40.00 3944 ARELLANO, MARIO 5240 12/07/2017 789.52 3945 BRAVO, MICHELLE 7 12/07/2017 975.00 3946 BRAVO, MICHELLE 503097 12/07/2017 685.09 3946 DE ANDA, JESUS A 504Q35 12/07/2017 570.24 3947 FIERRO, LAURA 5041 12/07/2017 1,504.59 3948 FLORENCE, ELIZABETH A `/I h1'�L'11l/ 12/07/2017 586.76 3949 GAGE, SEAN M 504746 12/07/2017 2,222.89 3950 GOMEZ, NANCY 503271 12/07/2017 1,049.79 3951 HARBIN, AMY 5aZ245 12/07/2017 2,608.98 3952 ROMO, GUSTAVO J 4 5 12/07/2017 895.65 3953 RUELAS, SUZIE 501991 12/07/2017 500.00 3954 RUELAS, SUZIE 5LI931 12/07/2017 500.00 3954 RUELAS, SUZIE 501991 12/07/2017 1,932.67 3954 SALCEDA, FABIOLA 5,0.3523. 12/07/2017 1,437.51 3955 TELLEZ, ABRAHAM 501Y'361("') 12/07/2017 2,604.02 3956 TERAN, MICHAEL 50I725 12/07/2017 1,971.84 3957 VIRAMONTES, VICTOR H 50"'I'M 9 12/07/2017 2,206.27 3958 WASHINGTON, ESTHER M 504815 12/07/2017 539.17 3959 AGUIRRE, CARLOS A 12/07/2017 1,852.06 3960 BRAVO, HUMBERTO 505-14 12/07/2017 1,032.89 3961 BRAVO, HUMBERTO 503934 12/07/2017 100.00 3961 CALDERA, MARK D 5.0.47.6,9 12/07/2017 980.59 3962 CARDIEL, TIMOTHY A 5Q2579 12/07/2017 1,230.52 3963 CESENA, ART F 50MB2 12/07/2017 1,03233 3964 COUCHMAN, STEPHEN J U. U-4 4 12/07/2017 1,287.66 3965 DITTO, ADAM W 504661 12/07/2017 1,274.07 3966 FIDLER, CHASE JACOB c'(( 11H(518 12/07/2017 1,724.78 3967 GARCIA, IGNACIO5Q4192 12/07/2017 825.71 3968 GUTIERREZ, SAMUEL 504698 12/07/2017 1,572.00 3969 GUTIERREZ, SAMUEL ",AOC'i°ffl 12/07/2017 1,500.00 3969 KINMAN, TIM tio."?, 4 911 12/07/2017 456.88 3970 LICITRA, GUISEPPE A 5Q3a35 12/07/2017 1,911.04 3971 LICITRA, GUISEPPE A .502aa 12/07/2017 100.00 3971 LLAMAS, GABRIEL 50483.2 12/07/2017 354.72 3972 LOPEZ, DAVID 50A 15D 12/07/2017 1,585.34 3973 LOPEZ, DAVID 503460 12/07/2017 220.50 3973 MACHUCA, DAVID J 04 12/07/2017 372.18 3974 MAGALLANES, CESAR J 501.1611;4 12/07/2017 60.00 3975 MAGALLANES, CESAR J 503369 12/07/2017 637.18 3975 MARTINEZ, GEORGE 502265 12/01/2017 500.00 3976 MARTINEZ, GEORGE 502-2-6 12/07/2017 1,476.37 3976 MARTINEZ, RUBEN R 12/07/2017 392.25 3977 MCENTEE, JOSEPH C 5154�751 12/07/2017 378.86 3978 MEDINA, MARIO 5D2-55-8 12/07/2017 1,059.30 3979 MEDINA, MARIO 12/07/2017 100.00 3979 MEZA, LAWRENCE R 12/07/2017 770.07 3980 NOVOA, STEVEN A 504745 12/07/2017 1,141.72 3981 PALACIOS, STEVEN 5'(),17')2 12/07/2017 367.83 3982 12/11:1/2017' 4e06:52 PIM Page 1) of 11,9 Packet: PYPKT00456 - PP#25BW 12/07/17 Payroll Set: Payroll Set 01- 01 Employee Emp!oyee.O... --Date Amount Number PENA,RAFAEL 12/07/2017 1,286.85 3983 PENA,RAFAEL 12/07/2017 20.00 3983 PENA,RAFAEL 503339 12/07/2017 240.00 3983 RODRIGUEZ, DONALD A 502155 12/07/2017 40.00 3984 RODRIGUEZ, DONALD A 5k2 15 5 12/07/2017 1,777.42 3984 ROMERO, JONATHAN 504171 12/07/2017 697.00 3985 RUBIO, FERNANDO 5055.6 12/07/2017 1,495.50 3986 VALDES URENA, JOSE J _5_� 12/07/2017 1,113.67 3987 VALVERDE, VICTORIA 502176 12/07/2017 1,920.72 3988 VALVERDE, VICTORIA 5LI21a 12/07/2017 350.00 3988 VARGAS, GUILLERMO G 504721 12/07/2017 455.36 3989 VAZQUEZ, ANTONIO 503-120. 12/07/2017 400.50 3990 VAZQU EZ, ANTONIO 503127 12/07/2017 1,684.68 3990 ACEVEDO, JUAN CARLOS H 5Q45aa 12/07/2017 275.89 3991 ALCALA-QUEZADA, LORENZO ALEXA1`5_Q 4.$. Z 2 12/07/2017 155.84 3992 ALEXANDER, TERESA A 50421 12/07/2017 620.55 3993 AREVALO, KIMBERLY Y 504-72a 12/07/2017 247.27 3994 BACA 11, JESUS 5Q418a 12/07/2017 934.55 3995 BADILLO, JOCELYN 504637 12/07/2017 467.45 3996 BARALES-CARAVANTES, THELMA Y 5..Q2_439, 12/07/2017 348.02 3997 CABRERA, NATALIE 504kQ8 12/07/2017 227.45 3998 CANONGO, LEONEL 04 28 12/07/2017 220.33 3999 CARBAJAL, VANESSA 5012 12/07/2017 1,388.66 4000 CARBAJAL, VANESSA503320 12/07/2017 100.00 4000 CARRILLO, JOHN J 50834. 12/07/2017 395.96 4001 CARRILLO, JR, MANUEL 502527 12/07/2017 3,226.82 4002 CARRILLO, JR, MANUEL 502527 12/07/2017 1,000.00 4002 CHAVEZ, MARIA B 503275 12/07/2017 385.79 4003 CHIPRES, MELISSA 504506 12/07/2017 273.37 4004 CLARK, ADRIANA L 503903 12/07/2017 685.48 4005 CORTEZ, CYNTHIA V 5046b. 12/07/2017 173.90 4006 CORTEZ-DURAN, DORA N 30-4520 12/07/2017 213.65 4007 COX, MATTHEW A 50471-1.1 12/07/2017 111.51 4008 CRELENCIA, JASON 504 14 12/07/2017 384.14 4009 DANIEL-MALDONADO, TYLER VANES5048L9 12/07/2017 103.97 4010 DOROTEO FELICIANO, ALMA GLORIA 504..(k64 12/07/2017 219.34 4011 FLORES, HELIODORA 50393 12/07/2017 407.32 4012 GALVAN, AMY M 12/07/2017 5929 4013 GARCIA, IRMA 502059 12/07/2017 926.89 4014 GARCIA, IRMA 502059 12/07/2017 840.00 4014 GODOY, DANIEL '� (1 I E74 12/07/2017 172.77 4015 GOMEZ, ALEJANDRA M 50435Q 12/07/2017 406.23 4016 GUTIERREZ, ALFRED R 50262a 12/07/2017 282.01 4017 GUTIERREZ, CARLA F 5-Q4512 12/07/2017 369.52 4018 GUZMAN JR., OSCAR r K)._116.66s 12/07/2017 346.14 4019 HERNANDEZ NAVARRO, RAMON 5 1'9, ;� 12/07/2017 1,057.68 4020 HERNANDEZ, HELEN M .502544 12/07/2017 1,260.04 4021 HERNANDEZ, HELEN M 502544 12/07/2017 600.00 4021 JIMENEZ, CAROLINA .504-8$4 12/07/2017 268.09 4022 LARA, ALFREDO JR. 12/07/2017 248.47 4023 LARA, ANTONIA 503503 12Y0712017 227.54 4024 LAWS, ANGELA R 504MI 12/07/2017 591.91 4025 LEON, ADRIAN 5 .A tr 11.1A 12/07/2017 127.67 4026 MARTINEZ, JAMIE J 504511 12/07/2017 320.96 4027 MEZA, CYNTHIA L1 12/07/2017 185.08 4028 MONTALVO, DENISE 503-729 12/07/2017 1,455.00 4029 MORA, ALONDRA R 504-852 12/07/2017 270.86 4030 MORENO, MARIA 502322 12/07/2017 1,022.00 4031 MORENO, MARIA M.22 12/07/2017 1,522.14 4031 12/6/2017 410652 PPA N"p:' 6 d 1 3 Packet: PYPKT00456 - PP#25BW 12/07/17 Payroll Set: Payroll Set 01- 01 Employee Employee # ate Amount Number MUCINO, ALICE 504695 12/07/2017 320.13 4032 NAVA, ARMANDO H 5.01121. 12/07/2017 50.00 4033 NAVA, ARMANDO H 503121 12/07/2017 1,582.76 4033 NGUYEN, DANIEL V 12/07/2017 309.77 4034 OGAZ, TAMARAH Y 504851 12/07/2017 281.20 4035 OROZCO, ANTHONY F,frl Eq 12/07/2017 212.65 4036 PALOMAREZ, KHRYSTINA 5042.61 12/07/2017 338.10 4037 PEREZ, ALBERTO M 504662 12/07/2017 163.92 4038 RAMIREZ, MAGALY C 5Q111 11 "Mc;1'. 12/07/2017 322.40 4039 RAMOS, HENRY SD4E55 12/07/2017 305.04 4040 REVELES, LIEN 504690 12/07/2017 83.04 4041 REYES, ALICE E 5DADI 6 12/07/2017 185.32 4042 REYES, ARLENE 504612 12/07/2017 231.95 4043 ROACHO, NATALIE 50011614 12/07/2017 37439 4044 RODRIGUEZ, BENJAMIN 5-Q.4544 12/07/2017 277.87 4045 RODRIGUEZ, SIERRA 504747 12/07/2017 213.33 4046 ROJO, APRIL M 50349 U 12/07/2017 1,594.45 4047 ROMAN-MATA, FERNANDO 5D4716 12/07/2017 298.51 4048 ROSALES, LUIS M 504411 12/07/2017 364.12 4049 RUIZ, ARLENE 5.M.Q9., 12/07/2017 114.16 4050 RUIZESPARZA, YURIKO 504761 12/07/2017 1,833.76 4051 SAENZ, ALEXANDRA 504-4Q7 12/07/2017 302.84 4052 SAINZ, FELIX A 5Q45(29 12/07/2017 506.29 4053 SALAS, MICHAEL A S-Qlaaa 12/07/2017 1,586.57 4054 SALES, RAMIL D 5D42 12/07/2017 378.18 4055 SANCHEZ, ARIEL 504.6.0- 12/07/2017 218.61 4056 SANCHEZ, FIRITSI 504372 12/07/2017 466.60 4057 SILVA RODRIGUEZ, CHRISTOPHER 504768 12/07/2017 272.57 4058 SOTO, EMANUEL H 50ABO 12/07/2017 217.03 4059 SOTO, JESI CA N p 1� 12/07/2017 356,41 4060 TERRON-ZAMUDIO, VIKY SDAan 12/07/2017 63.83 4061 TORRES, (VETTE 504101 12/07/2017 854.67 4062 URBINA, CLAUDIA 11141 3 Tie"I 12/07/2017 307.03 4063 VARGAS, LINDA 5041 7 a 12/07/2017 404.94 4064 VASQUEZ,JESSICA 504272 12/07/2017 415.17 4065 VILLEGAS, DAVID E 5Q415 12/07/2017 373.71 4066 VIRGEN, BRYAN E 5OA-8 12/07/2017 203.39 4067 ZAMARRIPA, JANET 5i"'M71"M 12/07/2017 287.97 4068 ZAPATA, ANAHI 504397 12/07/2017 187.75 4069 12/612017'AkW52 PM laqe I � :13 City of Baldwin Park, CA Packet: PYPKT00456 - PP#25BW 12/07/17 Payroll Set: Payroll Set 01- 01 Type CountAmount Regular Cheeks 26_ 12,187,33 Manual Checks 0 0.00 Reversals 0 0.00 Voided Checks 0 0.00 Direct Depr.)O% 3.26 420,,744,59 'Totaall 362 442,931.92 Payroll Check Register Report Summary Pay Period: 11/19/2017-12/2/2017 °m'li,„+' droll7 4a0652F'11IR'N It^laip 13 1:111 1:!!II CHECK REGISTER By Segment Payment Dates: 11/28/17-12/11117 Payment Number Payment Date Vendor Name Description (Item) Account Number Amount 217388 11/28/2017 JEFFREY SCOTT BARRETT RETURN FORFEITURE PER COURT ORDER 206-30-000-53370-00000 26,410.32 217389 11/28/2017 ABIGAIL DIAZ SANTOS PAN DULCE & BOXES FOR TREE LIGHTING EVENT 100-60-610-53100-16105 10.00 217389 11/28/2017 ABIGAIL DIAZ SANTOS PAN DULCE & BOXES FOR TREE LIGHTING EVENT 501-60-000-22328-16105 200.00 217390 11/28/2017 ACTION DESIGNZ LLC POLO SHIRTS, 20/EA 501-50-000-22543-00000 579.03 217391 11/28/2017 CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES 100-60-610-53100-00000 451.78 217391 11/28/2017 CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES 100-60-630-53100-00000 129.81 217391 11/28/2017 CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES 100-60-640-53100-00000 291.59 217391 11128/2017 CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES 100-60-660-53100-00000 13664 217391 11/28/2017 CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES 100-60-670-53100-15100 7.61 217391 11/28/2017 CINTAS FIRST AID & SAFETY FIRST AID SUPPLIES 100-60-680-53100-00000 59.02 217392 11/28/2017 DEVAN EDWARD CHARLES CRESS SPEAKER FOR USE AT CITYWIDE EVENTS 501-60-000-22328-00000 514.48 217393 11/28/2017 1 COLOR PRINTING PRINTING OF BP NOW 230-60-610-51100-11400 3,386.75 217394 11/28/2017 INLAND EMPIRE STAGES, LTD TRANSPORTATION FOR SENIOR TRIPS 244-60-630-51100-15540 1,055.50 217394 11/28/2017 INLAND EMPIRE STAGES, LTD TRANSPORTATION FOR SENIOR TRIPS 244-60-630-51100-15540 1,661.25 217395 11/28/2017 LORENZO R SALLAS SOUND SERVICE FOR TREE LIGHTING EVENT 100-60-610-51101-16105 675.00 217396 11/28/2017 MONTY'S ELECTRIC ELECTRICAL SERVICE AND PARTS 100-60-620-53371-00000 250.00 217396 11/28/2017 MONTY'S ELECTRIC ELECTRICAL SERVICE AND PARTS 252-60-620-53371-00000 250.00 217397 11/28/2017 PENSKE TRUCK LEASING CO, LP RENTAL TRUCKS FOR STEET MARKET 230.60-610-51100-16101 228.25 217397 11/28/2017 PENSKE TRUCK LEASING CO, LP RENTAL TRUCKS FOR STEET MARKET 230-60-610-51100-16101 231.60 217397 11/28/2017 PENSKE TRUCK LEASING CO, LP RENTAL TRUCKS FOR STEET MARKET 230-60-610-51100-16101 60,60 217397 11/28/2017 PENSKE TRUCK LEASING CO, LP RENTAL TRUCKS FOR STEET MARKET 230-60-610-51100-16101 228.25 217397 11/28/2017 PENSKE TRUCK LEASING CO, LP RENTAL TRUCKS FOR STEET MARKET 230-60-610.51100-16101 229,75 217397 11/28/2017 PENSKE TRUCK LEASING CO, LP RENTAL TRUCKS FOR STEET MARKET 230-60-610-51100-16101 228.75 217398 11/28/2017 SPARKLETTS WATER & COFFEE SERVICES AT CITY FACILITIES 100-60-620-53100-00000 1,346.19 217398 11/28/2017 SPARKLETTS WATER AND COFFEE FOR CITY FACILITIES 100-60-620-53100-00000 264.80 217399 11/28/2017 STARS GYMNASTICS LLC GYMNASTIC CLASSES 501-60-000-22328-00000 721,80 217400 11/28/2017 THE GAS COMPANY NATURAL GAS FUEL FOR CITY VEHICLES 402-50-590-53110-16140 13.18 217401 11/28/2017 TIME WARNER CABLE WI -FI & TV SERVICE FOR CITY YARD 402-50-590-53403-00000 193.47 217402 11/28/2017 USA ALARM SYSTEMS, INC. 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252-60-620-53100-00000 10.43 217544 12/07/2017 NICHOLS LUMBER & HARDWARE MISCELLANEOUS HARDWARE SUPPLIES 100-60-620-53100-00000 215.99 217544 12/07/2017 NICHOLS LUMBER & HARDWARE MISCELLANEOUS HARDWARE SUPPLIES 252-60-620-53100-00000 215.99 217544 12/07/2017 NICHOLS LUMBER & HARDWARE SMALL TOOLS, HARDWARE AND SUPPLIES 245-50-550-53100-15622 3.26 217544 12/07/2017 NICHOLS LUMBER & HARDWARE SMALL TOOLS, HARDWARE AND SUPPLIES 245-50-550-53100-15622 0.22 217544 12/07/2017 NICHOLS LUMBER & HARDWARE SMALL TOOLS, HARDWARE AND SUPPLIES 245-50-550-53100-15622 166,29 217544 12/07/2017 NICHOLS LUMBER & HARDWARE MISCELLANEOUS HARDWARE & SUPPLIES 254-50-571-53100-15510 0.90 217544 12/07/2017 NICHOLS LUMBER & HARDWARE MATERIALS & SMALL TOOLS 402-50-590-53100-00000 13.97 217544 12/07/2017 NICHOLS LUMBER & HARDWARE MATERIALS & SMALL TOOLS 402-50-590-53100-00000 1.53 217544 12/07/2017 NICHOLS LUMBER & HARDWARE SMALL TOOLS, HARDWARE AND SUPPLIES 245-50-550-53100-15622 7.49 217544 12/07/2017 NICHOLS LUMBER & HARDWARE SMALL TOOLS, HARDWARE AND SUPPLIES 245-50-550-53100-15622 41.60 217544 12/07/2017 NICHOLS LUMBER & HARDWARE SMALL TOOLS, HARDWARE AND SUPPLIES 245-50-550-53100-15622 9,66 217544 12/07/2017 NICHOLS LUMBER & HARDWARE SMALL TOOLS, HARDWARE AND SUPPLIES 245-50-550-53100-15622 10.93 217544 12/07/2017 NICHOLS LUMBER & HARDWARE MISCELLANEOUS HARDWARE & SUPPLIES 254-50-571-53100.15510 139.00 217544 12/07/2017 NICHOLS LUMBER & HARDWARE SMALL TOOLS, HARDWARE AND SUPPLIES 245-50-550-53100-15622 70.56 217544 12/07/2017 NICHOLS LUMBER & HARDWARE MISCELLANEOUS HARDWARE 254-50-581-53100-15510 2.80 217546 12/07/2017 ONCUE AUDIO VISUAL INC SOUND SYTEM RENTAL FOR ANNIVERSARY PARADE 230-60-610-51100-16148 300,00 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 93.40 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 7.09 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 131.09 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 186.80 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 107.,25 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 53,82 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 5.80 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50.591-53100-00000 34.00 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 96.20 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 28.22 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 4.64 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 55.78 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 263,25 217547 12/07/2017 O'REILLY AUTO PARTS PARTS & SUPPLIES FOR CITY VEHICLES 402-50-591-53100-00000 203.82 217548 12/07/2017 PATTON SALES CORP STEEL FOR WELDING 402-50-590-53100-00000 36.30 217549 12/07/2017 PREMIERE FUELING SERVICES INC MAINTENANCE & REPAIRS OF FUEL PUMPS AND 402-50-590-53110-16140 600.00 217549 12/07/2017 PREMIERE FUELING SERVICES INC MAINTENANCE & REPAIRS OF FUEL PUMPS AND 402-50-590-53110-16140 550,00 217549 12/07/2017 PREMIERE FUELING SERVICES INC MAINTENANCE & REPAIRS OF FUEL PUMPS AND 402-50-590-53110-16140 160.00 217550 12/07/2017 RED WING SHOES CO, INC IRRIGATION STAFF 251-50-562-53100-00000 150.00 217551 12/07/2017 REGIONAL TAP SERVICE CENTER BUSS PASS SALES AT COMMUNITY CENTER 100-00-000-20014-00000 135.80 217552 12/07/2017 SUNBELT RENTALS RENTAL EQUIPMENT 240-50-551-53391-15705 406,46 217553 12/07/2017 JOSEPH A ESPINOSA ENTERTAINMENT FOR CHRISTMAS DANCE 12-9-17 501-60-000-22328-00000 935.00 217554 12/11/2017 CARLOS VALLE CLEANING OF OUTSIDE RESTROOMS 100-60-620-53371-00000 4,992.50 217554 12/11/2017 CARLOS VALLE CLEANING OF OUTSIDE RESTROOMS 245-60-620-53371-15882 1,000.00 217554 12/11/2017 CARLOS VALLE CLEANING OF OUTSIDE RESTROOMS 252-60-620-53371-00000 4,992.50 217555 12/11/2017 HOME DEPOT RE SUPPLIES FOR CITY FACILITIES 252-60-620-53100.00000 28.78 217555 12/11/2017 HOME DEPOT RE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 21,79 217555 12/11/2017 HOME DEPOT RE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 38.19 217555 12/11/2017 HOME DEPOT RE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 6.55 217555 12/11/2017 HOME DEPOT RE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 43.41 217555 12/11/2017 HOME DEPOT HARDWARE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 117.18 217555 12/11/2017 HOME DEPOT RE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 79.12 217555 12/11/2017 HOME DEPOT HARDWARE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 19.40 217555 12/11/2017 HOME DEPOT HARDWARE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 9.65 217555 12/11/2017 HOME DEPOT RE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 8.74 217555 12/11/2017 HOME DEPOT RE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 31.84 217555 12/11/2017 HOME DEPOT RE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 40.61 217555 12/11/2017 HOME DEPOT HARDWARE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 3,79 217555 12/11/2017 HOME DEPOT RE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 15.79 Payment Number Payment Date Vendor Name Descriptlon (Item) Account Number Amount 217555 12/11/2017 HOME DEPOT HARDWARE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 42.86 217555 12/11/2017 HOME DEPOT HARDWARE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 31.66 217555 12/11/2017 HOME DEPOT RE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 48.50 217555 12/11/2017 HOME DEPOT HARDWARE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 6.87 217555 12/11/2017 HOME DEPOT HARDWARE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 49.18 217555 12/11/2017 HOME DEPOT RE SUPPLIES FOR CITY FACILITIES 252-60-620-53100-00000 21.33 217557 12/11/2017 HOME DEPOT HARDWARE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 22,35 217557 12/11/2017 HOME DEPOT HARDWARE SUPPLIES FOR CITY FACILITIES 100-60-620-53100-00000 81.71 217558 12/11/2017 SMART & FINAL SUPPLIES FOR ANNIVERSARY PARADE 230-60-610-53100-16148 15,37 217558 12/11/2017 SMART & FINAL SUPPLIES FOR ANNIVERSARY PARADE 230-60-610-53100-16148 19.97 217558 12/11/2017 SMART & FINAL SUPPLIES FOR CITY STAFF HALLOWEEN LUNCHEON 100-25-299-53100-00000 396,10 217558 12/11/2017 SMART & FINAL SUPPLIES FOR CITY STAFF HALLOWEEN LUNCHEON 100-25-299-53100-00000 18.98 217558 12/11/2017 SMART & FINAL SUPPLIES FOR ANNIVERSARY PARADE 230-60-610-53100-16148 58.13 217558 12/11/2017 SMART & FINAL SUPPLIES FOR ANNIVERSARY PARADE 230-60-610-53100.16148 11,10 217558 12/11/2017 SMART & FINAL SUPPLIES FOR ANNIVERSARY PARADE 230-60-610-53100-16148 123.42 217558 12/11/2017 SMART & FINAL SUPPLIES FOR ANNIVERSARY PARADE 230-60-610-53100-16148 300.80 217558 12/11/2017 SMART & FINAL SUPPLIES FOR ANNIVERSARY PARADE 230-60-610-53100.16148 117.54 217559 12/11/2017 SUNBELT RENTALS LIGHT TOWER RENTAL FOR DIA DE LOS MUERTOS EVENT 100-60-680-53391-00000 222.13 217560 12/11/2017 TERMINIX INTERNATIONAL EXTERMINATOR SERVICES 100-60-620-53371-00000 42.50 217560 12/11/2017 TERMINIX INTERNATIONAL EXTERMINATOR SERVICES 252-60-620-53371-00000 42.50 217560 12/11/2017 TERMINIX INTERNATIONAL EXTERMINATOR SERVICES 100-60-620-53371-00000 34.38 217560 12/11/2017 TERMINIX INTERNATIONAL EXTERMINATOR SERVICES 252-60-620-53371-00000 34.37 217560 12/11/2017 TERMINIX INTERNATIONAL EXTERMINATOR SERVICES 100-60-620-53371-00000 30.00 217560 12111/2017 TERMINIX INTERNATIONAL EXTERMINATOR SERVICES 252-60-620-53371-00000 30.00 217560 12/11/2017 TERMINIX INTERNATIONAL EXTERMINATOR SERVICES 100-60-620-53371-00000 42.00 217560 12/11/2017 TERMINIX INTERNATIONAL EXTERMINATOR SERVICES 252-60-620-53371-00000 4200. 217561 12/11/2017 VICTORIA VALVERDE 2017 HOLIDAY LUNCHEON WALNUT CREEK 100-25-299-53370-00000 2,000.00 Grand Total 675,910.81 S" AFS REPORT MW 101 �r L�EY ,',eel TO: FROM: DATE: SUBJECT: ITEM NO. 12- Honorable Mayor and City Councilmembers Rose Tam, Director of Finance 1( December 13, 2017 TREASURER'S REPORT — OCTOBER 2017 the City or A with SUMMARY Attached is Treasurer's Report for the month of October 2017. The Treasurer's Report lists all cash for the which includes the Baldwin Park Financing Authority, the Housing Authority, and the Success gency to the Community Development Commission (CDC). All investments are in compliance the City's Investment Policy and the California Government Code. PA FISCAL IM CT None LEGAL REVIE ed. W None requir RECOMMEND end ATION Staff recomms that Council receive and file the Treasurer's Report for October 2017. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 10/31/2017 - ........... IMATE INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION ...�.............. ..�... w"� RAT_ DATE DATEm VALUE PRINCIPAL VALUE VALUE' State of Cattllomia Local Agency Investnl of Fund (LAIF) City -Including General Fund & atl other Special RevenueFunds 1.14% Varies Varies $ 22,124,165.98 $ 22,124,165.98 $ 22,124,165.98 $ 22,124,165.96 Housing Authority 1.14% Varies Varies 13,262.69 13,262.69 13,262.69 13,262.69 22,137,4R6-7-'_ 22,137,428.67 37,426.67 22,1m 22,137,426.67 Certificate of Deposit Capital One Bank USA NATL ASSN 1.15% 9/14/2016 9/14/2018 245,000.00 245,000.00 245,000.00 243,936.70 Wells Fargo Bank NA SIOUX Falls 1.15% 9/14/2016 9/14/2018 245,000.00 245,000.00 245,000.00 243,956.30 JP Morgan Chase Bank NA Columbus 1.15% 9116/2016 9/16/2018 245,000.00 245,000.00 245,000.00 243,941.60 Ally Bank Midvale CTF DEP ACT1365 1.15% 9/17/2016 9/17/2018 245,000.00 245,000.00 245,000.00 243,914.65 American Express Centurion 1.60% 4/1212017 4112/2019 250,000.00 250,000.00 250,000.00 249,752.50 Everbank-Jacksonville 1.55% 4/16/2017 4116/2017 250,000.00 250,000.00 250,000.00 249,802.50 1,480,000.00 1,480 000 00 - 1,480,000.00 1,475,304.25 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 2,560,395.47 2,580,395.47 2,580,395.47 2,580,395.47 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund Varies Varies Varies 48,376.43 48,376.43 48,376.43 48,376.43 2,628,771.90 2,628,771.90 2,628,771.90 2,628,N� 771.90 $ ^ 26_21112090,,11_ $ 26,246 200 57 5 26 246 20,67 $ 26,241,504.82 'total tnvestxtwots $ 26,246,200.57 Cash with Baulk of the West City Checking 1,171,567.54 Money Market Plus 53,292.00 City Miscellaneous Cash 102,079.94 Successor Agency 428,792.39 Housing Authority 207,470.13 Financing Authority 0.00 Investment Brokerage 8,281.16 Total Cash with Bank of the West 1,971,483.16 Total Cash and Investments $ 28 217 683 73 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of September 2017 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Ros.. e Tam Director of Finance AMENDED MINUTES ITEM NO. w BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING NOVEMBER 15,2017,5:30 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:35 p.m. by Mayor Lozano, ROLL CALL PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:35 p.m. Seeing no one wishing to speak, Public Communications closed at 5:35 p.m. OPEN SESSION 1. CODE ENFORCEMENT REORGANIZATION Presentation by Community Development Director Gus Romo regarding the organizational status of the Code Enforcement Division Lt. Chris Hofford began the presentation by narrating a PowerPoint presentation which illustrated various statistics regarding the types of calls received by Code Enforcement, the number of cases resolved and other relevant information; Community Development Director Gus Romo spoke of various actions that could be taken to enhance the relationship with the community and Code Enforcement; both staff members responded to questions from Council. Council expressed the desire for Code Enforcement to, among other things, move forward with community outreach efforts and to re -implement the "Baldwin Park Beautiful' program. RECESS TO CLOSED SESSION 2. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8: Property: 14349 Pacific Avenue — APN #8553-011-902; 14349 Pacific Avenue — APN #8553-011-903; 4001 Maine Avenue — APN #8553-011-904; and 14349 Pacific Avenue — APN #8553-011-901 Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: BP Development Partners I (aka Walbern Developments) Under Negotiation: Disposition and Development Agreement 3. PUBLIC EMPLOYEE APPOINTMENT (GC §54957): Chief of Police Special Meeting of 11/15/17 Page 1 of 4 4. CONFERENCE WITH LABOR NEGOTIATORS (GC §54957.6) Pursuant to Government Code Section 54957.6: A_qorr de rr l rje Pres nt tive : Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney rj l y. Or ni etions: General Unit of Maintenance Employees, SEIU Local 721; Police Officer Association; Professional and Technical Employees Association; Clerical Employees Association; Police Management Employees Association; Classified Confidential Employees Association; Classified Management Employees Association Unrepresented IFm NL yc�e s : City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director 5. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8: A. Property: 14551 Joanbridge Street Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Lih Ping Henry Liou, Baldwin Park TALE Corp. Under Negotiation: Price and terms of payment B. Property: 4145 Puente Street Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Edward Avakyan, Jenome Research Under Negotiation: Price and terms of payment C. Property: 1453 Virginia Avenue Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Todd Seidner, Virginia Avenue Holdings, LLC Under Negotiation: Price and terms of payment D. Property: 15480 Arrow Highway Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Lynn Metrow and Todd Hill, Bud King's Weed Club Under Negotiation: Price and terms of payment E. Property: 418 Cloverleaf Drive, Units A and B Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Tina Honglin Guan, Lucky Medical Cannabis Development, Inc, Under Negotiation: Price and terms of payment F. Property: 14824 Ramona Boulevard Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Shaun Bershatski, RUKLI, Inc. Under Negotiation: Price and terms of payment G. Property: 428 Cloverleaf Drive Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Ming Hong Huang Under Negotiation: Price and terms of payment Special Meeting of 11/15/17 Page 2 of 4 H. Property: 5117 Calmview Avenue Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Victor Chavez and Helen Chau, Casa Verde Group Under Negotiation: Price and terms of payment I. Property: 13467 Dalewood Street Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Darrin Oganesian and Ryan Oganesian, RD Baldwin Park Under Negotiation: Price and terms of payment J. Property: 14837 Ramona Boulevard and 14841 Ramona Boulevard Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Phil Reyes, Alexis Reyes, Lilia Cuervas and Maria Alarcon Organic Management Solutions, LLC Under Negotiation: Price and terms of payment K. Property: 1453 Virginia Avenue, Suite "O" Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties, Chris Coogan, Therapy Crafted Brands, LLC Under Negotiation: Price and terms of payment L. Property: 5148 Bleecker Street Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Sergio Torres, Enrique Vega and Moses Acosta Medical Grade Farms BP Under Negotiation: Price and terms of payment M. Property: 15023 Ramona Boulevard Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Shaun Szameit, Joshua Pierce and Kevin Huebner Kultiv8 Group, LLC Under Negotiation: Price and terms of payment N. Property: 5010 Calmview Avenue Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Erika Villarruel, Baldwin Park Caregivers Under Negotiation: Price and terms of payment 6. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v City of Irwindale Case No. BS163400 Case Name: Murillo v City of Baldwin Park Case No. 2:16 cv 05265 R (AJWX) Case Name: Flores v City of Baldwin Park, et al Case No. BC658780 Special Meeting of 11/15/17 Page 3 of 4 7. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Three (3) 8. REAL PROPERTY NEGOTIATIONS Pursuant to Government Code §54956.8: Property: 13100 Brooks Drive Agency Negotiators: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Negotiating Parties: Joseph White, Becker Boards Under Negotiation: Price and terms of payment ADJOURNMENT Mayor Lozano adjourned Closed Session at 7:10 p.m., noting that Council would reconvene to Closed Session following the Regular Meeting. ° RECONVENED TO CLOSED SESSION Council reconvened Closed Session at 9:30 p.m.. ADJOURNMENT There being no further business, Council adjourn the meeting at 11:01 p.m. REPORT ON CLOSED SESSION It was reported out of Closed Session that: After a motion to bring back the Civic Plaza Park that failed 2-3 with Council member Baca and Mayor Pro Tem Rubio voting Yes, by a vote of 3 – 2, with Council member Baca and Mayor Pro Tem Rubio voting No, that the City would explore "mixed-use" development on the property across from City Hall, generally located at the corner of Pacific Avenue and Maine Avenue. By a vote of 3 – 2, with Council member Baca and Mayor Pro Tem Rubio voting No, that Michael Taylor would be hired as the Chief of Police for a period of one year. By a vote of 5 – 0, Council directed the City Attorney to negotiate Development Agreements with any applicant that submits for the Cannabis Business Permit. Mayor ATTEST: City Clerk APPROVED: Special Meeting of 11/15/17 Page 4 of 4 AMENDED MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING NOVEMBER 15, 2017,7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 These minutes are presented in Agenda order. Various announcements or discussions may have'occurred before or after the title under which they are presented. CALL TO ORDER The meeting was called to order by Mayor Lozano at 7:10 p.m. INVOCATION The invocation was provided by Pastor Jackson and Pastor Flores, PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Cruz Baca Council Member Monica Garcia Council Member Ricardo Pacheco Mayor Pro Tem Susan Rubio Mayor Manuel Lozano REPORT ON CLOSED SESSION Mayor Lozano stated that Council would be reconvening to Closed Session following the Regular Meeting but that the following could be reported out of Closed Session: After a motion to bring back the Civic Plaza Park that failed 2-3 with Council member Baca and Mayor Pro Tem Rubio voting Yes, by a vote of 3 — 2, with Council member Baca and Mayor Pro Tem Rubio voting No, that the City would explore "mixed-use" development on the property across from City Hall, generally located at the corner of Pacific Avenue and Maine Avenue. By a vote of 3 — 2, with Council member Baca and Mayor Pro Tem Rubio voting No, that Michael Taylor would be hired as the Chief of Police for a period of one year. By a vote of 5 — 0, Council directed the City Attorney to negotiate Development Agreements with any applicant that submits for the Cannabis Business Permit. ANNOUNCEMENTS Mayor Lozano congratulated Sandra Salcedo on her retirement, noting that she had been employed with the City for over 35 years, and extended wishes for happiness and enjoyment. Council member Baca asked that the meeting be closed in memory of her cousin and long-time Baldwin Park resident, Raymond Ruiz, who passed last week; extended condolences to friends and family. Mayor Pro Tem Rubio commented on the successful and enjoyable Veterans Day Celebration, and thanked Recreation and Community Services staff for putting together such a wonderful event. Council member Pacheco extended thanks to staff for the successful event and thanked veterans for their service. A representative for the American Legion Post 241 explained that the kitchen facility in the American Legion building is in dire need of repairs and improvements; stated that the cost for permits for the installation of a fire suppression unit is prohibitive and that the Legion is seeking any assistance with waiving the permit fees. Emer enc Item Added Mayor Lozano made a motion, seconded by Council member Baca, and carried (5 — 0) to agendize the following: Consideration of the waiver of permit fees for the installation of an exhaust fan in the kitchen facility at the American Legion building located at 4725 Maine Avenue. Mayor Lozano made a motion, seconded by Council member Baca, and carried (5 — 0) to waive all permit fees for the installation of a fire suppression unit in the kitchen facility at the American Legion Post 241 building located at 4725 Maine Avenue. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. PROCLAMATIONS COMMENDATION'S & PRESENTATIONS • Presentation of a Plaque in Recognition of 2017 Teacher of the Year Raquel Viramontes Mayor Lozano presented Ms. Viramontes with a Plaque in recognition of her being designated at the 2017 Teacher of the Year. • Recognition of Annual Drug Take Back Day 2017 with Presentation by Lou Ortega, Pharmacy Operations Manager, Kaiser Permanente Baldwin Park Medical Center. Kaiser Permanente Pharmacy Operations Manager Lou Ortega spoke of the success of the 2017 Drug Take Back Day, noting that over 500 pounds of medications were turned in; thanked Council and the Community for participating and noted that this is a tremendous help in disposing of harmful drugs. • Presentation of Main Street Complete Project Update by Interim Public Works Director Sam Gutierrez. Interim Public Works Director Sam Gutierrez narrated a PowerPoint presentation and responded to questions from Council. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:53 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. fieri Muse, Baldwin Park resident, expressed support for the proposed street improvements and the addition of bike lanes throughout the city but asked that attention be given to street lighting, particularly around the Adult School and Performing Arts Center; noted that reduction in lanes could have a detrimental effect on ingress and egress at the Adult School. Regular Meeting of 11/15/17 Page 2 of 13 J'u n,Dios, Baldwin Park resident, opined that it took far too long for the broken equipment at Walnut Creek Nature Park to be repaired and noted that there are still items there -that need attention; stated that residents that use Barnes Park feel that the soccer leagues are taking over the park and that there is a problem with drug use in the area. Christina Larios, Baldwin Park Library Manager, announced some of the upcoming programs at the library and encouraged the community to come enjoy story reading events. Daniel Luevanos, representing One Legacy, extended an invitation to elected officials to place a rose on the One Legacy Rose Float that will be appearing in the 2018 Rose Parade; spoke of the benefits and gift of life that organ donors provide to those in need. Arturo Luna, Baldwin Park resident, commented on Item No. 13 on this evening's agenda, noting that public hearings are useless and voice his objection to the sign ordinance. Greg Tuttle, Baldwin Park business owner, stated that he has been approached by Cannabis Business Permit applicants who told him that they are having to pay excessive amounts of money for consideration; opined that certain people are trying to "line their pockets." Seeing no others wishing to speak, Public Communications closed at 8:07 p.m. Mayor Lozano commented on a meeting that was recently held at Baldwin Park High School, at which Council was criticized for not being in attendance; noted that Council had not been invited to the meeting in question and that the subject matter pertained to matters under the School District's jurisdiction, not that of City Council. CONSENT CALENDAR Council pulled Item Nos. 6, 10, 11 and 12 from Consent Calendar for further discussion. 1. 2. WARRANTS AND DEMANDS Staff recommends City Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio TREASURER'S REPORT — AUGUST AND SEPTEMBER 2017 Staff recommends that Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the Treasurer's Reports. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Regular Meeting of 11/15/17 Page 3 of 13 3. REJECTION OF CLAIMS Staff recommends that Council reject the following claim(s) and direct staff to send appropriate notice of rejection to claimant(s): Martinez, Desiree Claimant alleges the police department caused damage to her front door been injured. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to reject the claims and direct staff to send appropriate notice of rejection to claimants. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 4. APPROVAL OF MEETING MINUTES Receive and file: A. Meeting Minutes of the Housing Authority, Finance Authority, Special and Regular City Council Meetings held on October 18, 2017. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to receive and file the minutes. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 5. APPROVE A RESOLUTION REVISING THE CITY OF BALDWIN PARK SALARY MATRIX TO REFLECT THE INCREASE IN THE STATE MINIMUM WAGE EFFECTIVE JANUARY 1, 2018 Staff recommends that Council approve Resolution No. 2017-205 to update the salary ranges and steps for part-time employees to comply with the California minimum wage increase effective January 1, 2018, and direct the Executive Team to place incumbent part-time employees into the closest salary step for their position in the new schedule that does not result in a decreased hourly rate for the employee.. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to approve Resolution No. 2017-205 to update the salary ranges and steps for part- time employees to comply with the California minimum wage increase effective January 1, 2018, and direct the Executive Team to place incumbent part-time employees into the closest salary step for their position in the new schedule that does not result in a decreased hourly rate for the employee. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 6. SELECTION AND APPROVAL OF BUILDING OFFICIAL AND BUILDING PLAN CHECK SERVICES PROPOSAL Staff recommends that Council approve the selection of Infrastructure Engineers and direct staff and the City Attorney to negotiate and prepare a contract for Building Official and Building Plan Check Services, and authorize the Mayor to sign the resulting contract. Regular Meeting of 11/15/17 Page 4 of 13 Council member Baca asked that Community Development Director Gus Romo provide clarification as to the difference between the Wildan proposal and the Infrastructures proposal, noting that it appears that service and costs illustrated are not aligned to provide accurate comparison. Mayor Pro Tem Rubio also expressed concern about the lack of unity in the data presented for comparison; opined that the matrix lacks clarity. Council member Pacheco commended staff on the content of the staff report, stating that the notations provide the additional information needed to understand the content. Council member Baca made a motion, seconded by Mayor Pro Tem Rubio, to bring this item back to Council in January 2018 to allow time for staff to provide more details on the two proposals and for Council to further consider the two firms. Council member Pacheco voice objection. Council member Garcia mad a substitute motion that Council approve the selection of Infrastructure Engineers and direct staff and the City Attorney to negotiate and prepare a contract for Building Official and Building Plan Check Services, and authorize the Mayor to sign the resulting contract. Council member Pacheco seconded the motion and Council member Baca voiced objection. With that objection, Mayor Lozano directed the City Clerk to conduct a roll call vote. The results of the roll call were as follows: Baca: No Garcia: Yes Lozano: Yes Pacheco: Yes Rubio: No The motion made by Garcia, seconded by Pacheco, carried by a 3 — 2 vote (Council member Baca and Mayor Pro Tem Rubio voting no) to approve the selection of Infrastructure Engineers and direct staff and the City Attorney to negotiate and prepare a contract for Building Official and Building Plan Check Services, and authorize the Mayor to sign the resulting contract. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. 7. ACCEPT AND APPROVE ADDITIONAL MAINTANANCE WORK TO PAINT INTERIOR WALLS AND RE -PLASTER SWIMMING POOL AT THE MORGAN PARK AQUATIC CENTER FACILITY AND RE -APPROPRIATE QUIMBY FEE FUNDS TO CITY PROJECT NO. 2016-0135 TO COVER THE COST OF THE WORK Staff recommends that Council: 1. Accept and approve the additional maintenance work to be performed by Lucas Builders, Inc., in the amount of $88,550 and authorize the Mayor to approve the additional work and; 2. Authorize the Director of Finance to re -appropriate CIP No. 86 for $50,000 from Acct #234-60-620-58100-16211 to Acct #234-60-620-58100-16200 and CIP No. 87 for Regular Meeting of 11/15/17 Page 5 of 13 $22,000 from Acct #234-60-620-58100-16212 to Acct #234-60-620-58100-16200. A motion was made by Garcia, seconded by Lozano, and carried (5 — 0) to: 1. Accept and approve the additional maintenance work to be performed by Lucas Builders, Inc., in the amount of $88,550 and authorize the Mayor to approve the additional work and; 2. Authorize the Director of Finance to re -appropriate CIP No. 86 for $50,000 from Acct #234-60-620-58100-16211 to Acct #234-60-620-58100-16200 and CIP No. 87 for $22,000 from Acct #234-60-620-58100-16212 to Acct #234- 60-620-58100-16200. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 8. NOTICE OF COMPLETION FOR CITY PROJECT NO. 2017-0185 ALLEY WAYS STREET IMPROVEMENTS PROJECT VARIOUS LOCATIONS CITY WIDE Staff recommends that Council: 1. Accept the construction improvements by Gentry Brothers, Inc., and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $13,334.75 in retention funds to Gentry Brothers, Inc., upon the expiration of the 35 -day notice period. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to: 1. Accept the construction improvements by Gentry Brothers, Inc., and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $13,334.75 in retention funds to Gentry Brothers, Inc., upon the expiration of the 35 -day notice period. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 9. NOTICE OF COMPLETION FOR CITY PROJECT NO. 2016-0165 CENTER MEDIAN LANDSCAPE IMPROVEMENTS CIP PROJECT NO. 23 Staff recommends that Council: 1. Accept the construction Improvements by Yakar General Contractors, Inc., and authorize the recordation of a Notice of Completion with the Los Angeles County Recorder's Office; and 2. Authorize payment of $85,095.12 (5%) construction retention funds to Yakar General Contractors, Inc., upon expiration of the 35 day lien period. A motion was made by Lozano, seconded by Garcia, and carried (5 — 0) to: 1. Accept the construction Improvements by Yakar General Contractors, Inc., and authorize the recordation of a Notice of Completion with the Los Angeles County Recorder's Office; and Regular Meeting of 11/15/17 Page 6 of 13 2. Authorize payment of $85,095.12 (5%) construction retention funds to Yakar General Contractors, Inc., upon expiration of the 35 day lien period.' AYES: Baca, Garcia, NOES: None. ABSENT: None. ABSTAIN: None. Lozano, Pacheco, Rubio 10. REQUEST FOR APPROVAL OF UPDATES TO POLICE AND PUBLIC WORKS DEPARTMENTS RADIO SYSTEMS Staff recommends that Council: 1. Waive the formal bidding process for the purchase of new radio equipment pursuant to §34.23 (B) of the Baldwin Park Municipal Code; and 2. Authorize the Police Department to work in conjunction with the Public Works Department to purchase the new equipment; and 3. Authorize the Finance Director to complete a budget amendment for amounts not to exceed the following: A. $214,579 from account #240.50.520.58110.13020 B. $200,000 from account #206.30.340.58110.00000 C. $150,000 from account #271.30.350.58110.13020 D. $ 79,157 from account #205.30.340.58110.13020 E. $ 24,000 from account #205.30.340.51101.13020 F. $ 12,000 from account #240.50.520.51101.13020 and designate $679,736.00 for the restricted purchase and installation of new radio equipment, the upgrading of existing radio equipment, and Joint Powers Authority membership costs; and, 4. Authorize the Chief of Police and Director of Public Works, or their designees, to complete all appropriate documentation to complete the purchase of new equipment, the upgrading of existing equipment, and Joint Powers Authority membership documentation and fee payment. Council member Baca asked for clarification regarding the costs associated with this item since it is not in alignment with what was presented during the budget presentation earlier in the year; expressed concern about waiver of competitive bidding for the equipment and noted that she would like staff to provide a copy of the contract and the referenced Joint Powers Authority (JPA) agreement; suggested that staff provide additional information and bring this item back to Council for consideration at the second meeting in December. Mayor Pro Tem expressed concern that staff report language can be too vague and the lack of back up documents can make it difficult to make informed decisions; asked Chief Executive Officer Yauchzee to direct staff to include as standard practice back up materials, including all pertinent contracts and related materials. Council member Baca made a motion, seconded by Mayor Pro Tem Rubio, to bring this item back to allow time for staff to provide and Council to review a copy of the JPA. Council member Pacheco asked that staff address some of the concerns prior to moving forward with the final vote. Regular Meeting of 11/15/17 Page 7 of 13 Police Chief Taylor explained that the current system is antiquated and replacement parts are manufactured or unavailable; noted that the original estimate of $450,000 as was presented during budget hearings did not include the cost of joining the associated JPA; also pointed out that the [new] costs quote will include the additional purchase of radio equipment for Public Works and for the expanded service; pointed out that the project was unexpectedly set aside earlier in the year due to extenuating circumstances and that time is of the essence because the current quote will expire at the end of November. Lt. Chris Hofford narrated a PowerPoint presentation, noting that the City's current radio system (both that of the Police Department and Public Works Department) is outdated and has limited range; briefly explained the JPA membership, pointed to other cities that current participants and added that there will be a significant expansion of radio range by joining the JPA. Chief Taylor responded to addition questions from Council member Baca regarding the cost and funding allocations for the initial membership to the JPA and for maintenance costs going forward. A motion was made by Garcia, seconded by Pacheco, and carried (4 — 1; Council member Baca voting no) to: 1. Waive the formal bidding process for the purchase of new radio equipment pursuant to §34.23 (B) of the Baldwin Park Municipal Code; and 2. Authorize the Police Department to work in conjunction with the Public Works Department to purchase the new equipment; and 3. Authorize the Finance Director to complete a budget amendment for amounts not to exceed the following: G. $214,579 from account #240.50.520.58110.13020 H. $200,000 from account #206.30.340.58110.00000 I. $150,000 from account #271.30.350.58110.13020 J. $ 79,157 from account #205.30.340.58110.13020 K. $ 24,000 from account #205.30.340.51101.13020 L. $ 12,000 from account #240.50.520.51101.13020 and designate $679,736.00 for the restricted purchase and installation of new radio equipment, the upgrading of existing radio equipment, and Joint Powers Authority membership costs; and, 4. Authorize the Chief of Police and Director of Public Works, or their designees, to complete all appropriate documentation to complete the purchase of new equipment, the upgrading of existing equipment, and Joint Powers Authority membership documentation and fee payment. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 11. APPROVAL OF EMPLOYMENT CONTRACT WITH MICHAEL TAYLOR FOR THE POSITION OF CHIEF OF POLICE Staff recommends that Council approve the Employment Contract with Michael Taylor for the Position of Chief of Police. Regular Meeting of 11/15/17 Page 8 of 13 Council member Baca expressed her supports the appointment of Michael Taylor as the Chief of Police, but voiced concern regarding the current financial position of the City and the long term costs associated with approval of this contract; noted that the City is in the middle of labor negotiations and is concerned about the impact the financial commitment of this contract will have. Mayor Pro Tem Rubio also voice her support for appointing Mr. Taylor to the position but is concerned because the Chief of Police position was previously an "at will' position and this new contract eliminates that clause; fears that the salary being agreed upon is distorted in relation to other executive positions; feels that this could create an issue with bring other salaries into alignment. Council member Garcia stated for the record that, given the options today, she believes that the additional $15,000 cost to the City will provide stability for a year in a position in light of the turn -over of the position has recently experienced. Council member Pacheco made a motion, seconded by Council member Garcia, to approve the Employment Contract. Mayor Pro Tem Rubio voiced objection. With that objection, Mayor Lozano directed the City Clerk to conduct a roll call vote. The results of the roll call were as follows: Baca: No Garcia: Yes Lozano: Yes Pacheco: Yes Rubio: No A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2) to approve the Employment Contract with Michael Taylor for the Position of Chief of Police. AYES: Garcia, Lozano, Pacheco NOES: Baca, Rubio ABSENT: None. ABSTAIN: None. 12. AUTHORIZE THE DIRECTION TO PROCEED WITH THE COMPLETION OF PLANS AND SPECIFICATIONS FOR THE BIDDING AND CONSTRUCTION OF THE CIVIC CENTER PLAZA PROJECT Staff recommends that Council: 1. Direct the Director of Public Works to proceed with the completion of the plans and specifications for the bidding and construction of the Civic Center Plaza Project; and 2. Authorize the Director of Finance to make the necessary transfers and adjustments. 3. Direct staff to bring back reports that identify funds to complete the construction of this project. Mayor Pro Tem Rubio stated that this item being proposed for removal was placed on the agenda because the Exclusive Negotiation Agreement associated with that property had expired and this item was to consider moving forward with development of a civic center plaza, carrying forward with work previously performed on preparation of plans and specifications. Regular Meeting of 11/15/17 Page 9 of 13 Council member Pacheco made a motion, seconded by Council member Garcia, to remove this item from the agenda without future consideration. Mayor Pro Tem Rubio voiced objection. With that objection, Mayor Lozano directed the City Clerk to conduct a roll call vote. The results of the roll call were as follows: Baca: No Garcia: Yes Lozano: Yes Pacheco: Yes Rubio: No A motion was made by Pacheco, seconded by Garcia, and carried (3 — 2; Council member Baca and Mayor Pro Tem Rubio voting no) to remove this item from the agenda given the decision made during Closed Session to explore "mixed-use" development on the property across from City Hall, generally located at the corner of Pacific Avenue and Maine Avenue. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. Council member Pacheco explained that his motion to remove this item was based on the County's Park Assessment which did not identify this site as a recommended location for a park; opined that the funds and grant monies would be better used in other parts of the city; noted that the City has suggested working with the School District to identify sites and that other firms may be invited to consider development of this site. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR SA -1 SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to ratify the Warrants and Demands Register. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. SA -2 TREASURER'S REPORT — AUGUST AND SEPTEMBER 2017 Staff recommends that Council receive and file the Treasurer's Report. A motion was made by Lozano, seconded by Pacheco, and carried (5 — 0) to receive and file the Treasurer's Reports. AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. Regular Meeting of 11/15/17 Page 10 of 13 ABSTAIN: None. PUBLIC HEARING 13. A REQUEST FOR CONSIDERATION OF A MUNICIPAL (ZONING) CODE AMENDMENT BY URGENCY ORDINANCE TO MODIFY CHAPTER 153.170 (SIGN REGULATIONS) INCLUDING AMENDMENT TO THE FOLLOWING SECTIONS: 153.170.040 (EXEMPT SIGNS), 153.170.060 (TEMPORARY SIGNS), 153.210.090.A (APPLICATION PROCESSING AND 153.210.265 (TIME FOR DETERMINATION) AND 153.220.200 (DEFINITIONS), TABLE 153.170.080; AND THE DELETION OF SECTIONS 153.170.040.C.2.3 AND 153.170.040.C.2.4 (FLAGS NEAR HOLIDAYS AND ELECTIONS) PURSUANT TO SECTION 153.210 PART 15 OF THE CITY'S MUNICIPAL CODE (LOCATION: CITYWIDE; APPLICANT: CITY OF BALDWIN PARK; CASE NUMBER: AZC-187) .Staff recommends that the Council conduct a Public Hearing and, thereafter, ..waive the reading and adopt by title only Urgency Ordinance No. 1402 entitled, An Urgency Ordinance of the City Council of the City of Baldwin Park California, Amending the Municipal Code Subchapter 153.170 — Sign Regulations" Mayor Lozano opened the public hearing at 9:03 p.m. and invited those wishing to speak in opposition to the item to come forward and be heard. Seeing no one wishing to speak in opposition, the Mayor invited those wishing to speak in support of the item to come forward and be heard. Seeing no one come forward, Mayor Lozano closed the public hearing at 9:03 p.m. A motion was made by Pacheco, seconded by Garcia, and carried (5 — 0) to waive the reading and adopt by title only Urgency Ordinance No. 1402 entitled, "An Urgency Ordinance of the City Council of the City of Baldwin Park California, Amending the Municipal Code Subchapter 153.170 — Sign Regulations" AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 14. CALIFORNIA CONTRACT CITIES ASSOCIATION MEMBERSHIP AND DELEGATES Staff recommends that Council approve joining CCCA, appoint a delegate and an alternate, and adopt Resolution No. 2017-207 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates to the California Contract Cities Association (CCCA) as Official Representatives of the City. Following Council discussion, Council member Garcia was selected as the representative and Mayor Pro Tem Rubio was selected as the alternate. A motion was made by Pacheco, seconded by Baca, and carried (5 — 0) to approve joining CCCA, appoint Council member Monica Garcia as delegate and Mayor Pro Tem Susan Rubio as alternate, and adopt Resolution No. 2017-207 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates to the California Contract Cities Association (CCCA) as Official Representatives of the City." Regular Meeting of 11/15/17 Page 11 of 13 AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. 15. REVIEW OF APPLICATIONS AND CONSIDERATION OF APPOINTMENT FOR THE VACANT SEATS ON THE HOUSING COMMISSION OF THE CITY OF BALDWIN PARK Staff recommends that Council review the submitted Commission application(s), accept nominations, authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint individuals to the respective City Commissions and adopt Resolution No. 2017- 166, entitled, "A Resolution Of The City Council Of The City Of Baldwin Park Appointing Qualified Individuals To The Housing Commission Of The City Of Baldwin Park For Office Seat Numbers 1, 2, 3, 4, 5, 6 And 7." Mayor Lozano requested that this item be held over until the next Regular Council meeting. 16. REVIEW OF APPLICATIONS AND CONSIDERATION OF APPOINTMENT FOR THE VACANT SEATS ON THE RECREATION AND COMMUNITY SERVICES COMMISSION OF THE CITY OF BALDWIN PARK Staff recommends that Council review the submitted Commission application(s), accept nominations, authorize staff to initiate the appropriate background checks through the Department of Justice (DOJ) and, contingent upon satisfactory clearance by the DOJ, appoint individuals to the respective City Commissions and adopt Resolution No. 2017- 199, entitled, "A Resolution Of The City Council Of The City Of Baldwin Park Appointing Qualified Individuals To The Recreation and Community Services Commission Of The City Of Baldwin Park For Office Seat Numbers 1 And 2." Mayor Lozano nominated incumbents Jean Ayala and Deanna Roles to Office Seats 1 and 2, respectively, and nominated Alejandra Cervantes to recently vacated Office Seat 3. Office Seat 3 was vacated when the Chris Saenz was selected to serve on the Planning Commission. A motion was made by Lozano, seconded by Pacheco, and carried (5 - 0) to and adopt the revised Resolution No. 2017-199, entitled, "A Resolution Of The City Council Of The City Of Baldwin Park Appointing Qualified Individuals To The Recreation and Community Services Commission Of The City Of Baldwin Park For Office Seat Numbers 1, 2 and 3." AYES: Baca, Garcia, Lozano, Pacheco, Rubio NOES: None. ABSENT: None. ABSTAIN: None. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Mayor Pro Tem Rubio for discussion and consideration: Mayor Pro Tem Rubio is requesting that Council consider a new ordinance that would provide for equality to women on the City Boards and commissions. The suggested ordinance would include language which provides an equal number of board and commission positions for men and women. Regular Meeting of 11/15/17 Page 12 of 13 Mayor Pro Tem Rubio would like to propose that an ordinance be introduced that would provide for an equal number of male and female representatives on the City Commissions and Committees whenever possible. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Lozano, seconded by Garcia, to adjourn the meeting at 9:13 p.m. Mayor ATTEST: Manuel Lozano, Mayor Alejandra Avila, City Clerk APPROVED: Regular Meeting of 11/15/17 Page 13 of 13 ITEM NO. STAFF REPORT TO: Honorable Mayor and City Councilmembers �°� FROM: Mark Hsu, Information Technology Supervisor THE SAKI o,A sr,EL � DATE: December 13, 2017 VALLEY ` SUBJECT: AUTHORIZATION TO ENTER INTO A THREE-YEAR -lkl t�D �'"°' CONTRACT WITH SPECTRUM ENTERPRISES FOR INTERNET SERVICES SUMMARY This report seeks City Council consideration and approval of entering into a 3 -year contract with Spectrum Enterprises to provide Internet Service to the City. FISCAL IMPACT Under the current contract with Verizon, the charge for internet services at a speed of 20 Megabits per second (Mbps) is $1,846.56 per month, plus tax. Under the proposed contract with Spectrum, the monthly fee will be reduced to $1,379 per month, plus tax, with an upgrade in speed to 200Mbps. This will result in an annual General Fund savings of approximately $6,500 per year. Internet service fees are allocated in the annual budget as a standard operating cost and is paid from the General Fund. RECOMMENDATION Staff recommends that Council approve and authorize the Chief Executive Officer to execute the 3 -year contract with Spectrum to provide Internet Services to the City.: BACKGROUND On November 13, 2013, the City entered into a 3 -year contract with Verizon Business/MCI Communications Services which, at that time, provided upgraded internet service speed from 3M 2 T1(1.5M) to 20M IDE. This contract expired at the end of last year (2016) and services have been provided on a month-to-month basis since that time. Over the last several months, IT staff has received numerous inquiries from users and departments to request increased internet service speed as more and more programs and applications are running through the Cloud computing. Also per the Utilization Report screenshot below, the City is reaching over 90% the availability of bandwidth on the current 20 Mbps circuit. This demonstrated a serious need to upgrade the internet bandwidth in order to provide better service to staff and the community. 1ABK1NSL0001 • BALDVAN PARK. CA This Inwnet Dc(catod W was commmsponed on October 28. 2013 arw has a bandwidth of 20 Mbps ��� , %i % 1 UP « Out pew QW O� In 04A In 01x1 I�w O�w1 17N iw1 . , 815% 7696% 756523 413316 1337083 13036694 1750596 15390169 3561260 19000990 9635493 20937540 244705438 15827945T7 876% 73 84% 760589 4687344 1335499 12249868 17529M 14787220 3983528 19099644 11299818 20661096 253800 661 1564118 582 93% 8136% 840749 5259567 1413880 13856810 1860342 16272939 5082289 19117350 14823403 21889510 277708 999 1737M 869 �_.. "�1F 9 ?316 74 0% 801039 4500042 1380680 12185530 1846976 14800721 3764138 18328313 10012838 21617828 240730 136 1352383 763 " 4ro 9 89% 8343% 877784 5201095 1511615 13824345 1937672 16686197 4413934 19428318 14811201 21310097 2934%919 1739044 121 t� p �Q 7°`s1 9 32% 7922% 864221 4844207 1475258 12962220 1883205 1561/165 5062269 19346277 17851874 21593425 279542 388 1568915 524 10 51 % 8697% 872065 5641115 1580561 14899309 2101299 17393754 3957923 19464900 15020699 21484350 291121 412 1883173 259 ui, /,o l f 1124% 9149% 898394 6518198 1890158 16081508 2247664 18297491 4335227 19910262 13136980 21951829 290355 338 2106840101 1037% 8356% 891354 6088601 1506251 15158141 2073986 16712294 5447894 19488880 15533746 21702863 294163668 2009354 019 �L _� 9:r 1175% 8948% 985378 658"17 1774795 15391846 2350361 17895238 5398231 19737144 15808400 21294228 328790869 2197021 764 1122% 9148% 947763 6960074 1747220 15247817 2243159 18296013 5153559 19811641 19908725 21478429 306180 079 2248489 419 �. 9 r 1185% 9394% 1048844 7493481 1853494 16684299 2370892 18787795 4062502 20112363 13269267 21805771 347547 37 2483056 693 Internet Service Upgrade December 13, 2017 Page 2 Staff performed a comparison of internet service speeds and compatibility with the City's current computer infrastructure to identify companies capable of meeting City needs. Three companies were identified and quotes were obtained from each. The contract with Spectrum Enterprises has a one-time set up fee of $250, and provides Fiber Internet Services at a speed of 200 Mbps for $1,299 per month and 29 Static Internet Protocol (IP) address, which will enhance the internal network, for $80 per month, plus tax, respectively. Verizon Business provided a quote for three levels of internet speed, the least expensive of which is $1,914.33 per month for 100 Mbps service. Similarly, TXP Communications provided a quote for three levels of internet speed with the least expensive of which is $1,280 per month but at a speed of only 100 Mbps. LEGAL REVIEW This report has bce�i reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES Council may choose to stay with the current service without entering a new contract. ATTAC Vii! E "a"S #1. Spectrum Enterprise Quote #2. Verizon Business/MCI Communications Services Quote #3. TPX Communications Quote Attachment # W .,IRR ENTERPRISE / ars r �9 � o /� r� �(„�''' i yll �' t >r'" lif +� lH r1 ��%i l� y r,:, '� �� � % v. DY �k I� ( �! T �/r � r`e F r � 1 r w � �G �lr 0 Sol'utj"on Prop For City of Baldwin Park Prepared by: Sau Mok SAM - Strategic AM Gov/Ed Phone: (909) 274-7929 Cell: +1 8183556973 Email: sau.mok@charter.com T h 6e Wnns rag than '+r'rx10o 1 pare tF edidennal and shennld"Ot be dh,'clasred dlrerdy or leafIr-r-Ily La anlr tlalrAl taarky rsVptAs tenAy Irr required by la.w.I''fyod and/oryour aderaas or avpr+s.rr;sanlve; make rar 9wnawh4lpy'nwdwwx+M e6xaanay'es and/or 6n7une:t$sre rehr,•..5arisdnp,.. (I°rrrn such any on.krtin,roacd rb9.�r1m+aerv�. C,leas'tai shallbr,a.rrartYed Ya rmr±rdhr•t9rlr,lrraguy wl'✓nrru.uxaatr aory.�z�a»rnroal a>rarNaraa onrNel ea unauthra ized d k5,clvm5 m. Th lr" ,pr(il,off.al i.,. an awa',drn ntr For d9^"curskm p"I PerseSonly and kr a arfl Inte,ri&d to ylwe i ise 4n kunelIwjl alill gsi 0ars for oilter party. Tableof Contents .................. ..... „ ...... ........,..... ..., - ... ..........2 ProposedPricing ............. ..... ...... ................ ...,.. ... ..... ....,..,........ .. ... ........ ProductDescriptions ......... ....... ............. .................. ................. ....... ........ ..,...,..3 Proposal#: 10020059 Account Executive: Sau Mok Telephone: (909) 274-7929 Email: sau.mok@charter.com Customer Information: Authorized Contact: Proposed Pricing Good Until: 12115/2017 12:00:00 AM Ext: Fax: (704) 945-5417 Contact Phone: Contact Fax: .1-..,-.--.-1.11,.m..�..-. P..,__ � ...._ - Monthl Total:* 1,379.00 ._ _ . .. — ---- — -- "" '- Prices do not include taxes, surcharges, and/or fees 02016 Charter Communications �CONFIDENTIAL 11/15/17 Page 2 o�P , f 3 Fiber Internet Access (FIA) Spectrum Enterprise Fiber Internet Access offers dedicated Internet connectivity, leveraging the fiber distribution network that supplies service to millions of other Spectrum Enterprise customers. With the principal product focus on secure, high -bandwidth solutions, this service provides robust point-to-point fiber -based Internet connectivity. F-EXR)RES BENEFITS 'Tiered Service Levels Scalable Service Levels Service Level Agreements Fiber -based Oc 2016 Charter Co rnrn uni cations CONFIDENTIAL 11/15/17 Page 3 of 3 Fnnrn: k4ok, Sau N ^Sau.Mok@chartercom> Sent Wednesday, November 15'2D171I)5Pk4 To: Mark Hsu Cc: Robin Morris 5u6iect: Internet Service proposal Attachments: City ofBaldwin Park Proposal (003).pdf Enclosed isthe proposal for the 2OOK4interne1service with 29Static IP; Spectrum does not offer 150M, and package 30 IP address package ( comes in package of 13, 29, 61, 129) Bandwidth Term -Yrs Price if you have question, please contact me by email or my Cell at 818 355 6973 Rgds Sau Mok Spectrum Enterprise Government, Education and Ethnic Accounts Mobile: 818-3566973 Office: 9092747929 Bbax: 704-945-5417 17777Center Court Drive, 8th Floor Cerritos, CA 90703 Suumok@chartcr.c000 Billing, repair and technical support (866)7J2'494Q/DDO-O81'53O3(fiber) ENTERPRISE From: Mark Hsu [naiho:K8Hsu@pba|dvvnparkconn] Sent: Wednesday, November l5,30l79:l6AK8 To: K4nh'SauN<Sau.Mok@charter.corn> Cc: Robin Morris «RMorris@ba|dvv\npark.corn> Subject: Internet Service H\Sau, A Attachment #2 Master Customer Legal Entity: BALDVAN PARK, CITY OF Master Verizon Legal Entity, MCI Communications Services, Inc. d/b/a Verizon Business Services Customer Address: 14403 PACIFIC AVE, BALDWIN PARK, CA Quote Priced On: 17 Nov 2017 22:34:45 GMT 91706-4297, United States Account Manager: Phillip Martin Quote ID: 194738120 phillip.a.martin@one.veCizon-com Quote Version #: 2 703-694-6449 Quote Expiration Date: 15 Feb 2018 Created By: Phillip Martin Contract ID: New ................... -- '--- -- ... .... ... . . . .......... .... --- Service(s) Included in Quote: Access, Internet Dedicated Services Available Appendices (Additional Details and any Applicable Usage Tables): Note: Items shown with ""' are priced at time of Quote and require a Service Order Forrn document ...... . . .. . ...... . ..... . . . . . ........ . Quote Summary: All charges displayed in Invoice Currency unless otherwise noted L- i Ls-fannLer 1 ,e ¢a I EM H y- KWEJ Entity Tyaxe (1,is f, emlp l'im9y'd, Il -"11 t if'Y.A,40 T -e t' I M"Own CUR MRC NRC BALDWIN PARK, CITY OF Contracting 14403 PACIFIC AVE, BALDWIN MCI Communicators Services, USD 2,809.79 0.00 PARK, CA 917064297, United States Inc. d/b/a Verizon Business Services . . . . ....... . . . ................ . . . ...... . . . . ................. ..... . Activity Type Quantity Location ID: 31516853C (Quote Name. Baldwin Park) 14403 PACIFIC AVE, BALDWIN PARK, CA 91706-4226, United States Access Access, Service ID: 200409937 * Added Service Commitment: 36 months Local Access - Op/App Performance: Gold / Gold -, 200 rvlbp ,r; .,• UNI NIA Speed: 1 Gbps (GigE) - TPV UNI Speed: I Gbips (GtJE) Additional Promotions Included: Internet Dedicated New Service Incentive --.- I -- . .. ....... .. - I .. ... . . ..... Internet Dedicated Services Internet Dedicated Services, Service ID: 200409941 Added Service Commitment: 36 months Internet Dedicated Port -Tiered -200 Mbps N/A Additional PromotionsIncluded: Internet Dediraled New Service Incentive Location Subtotal: Amount in Invoice Currency (USD) MRC NRC 1,714.54 0.00 1,095.25 0.00 2,809.79 0.00 I Subject to terms and conditions, Customers who order Verizon Internet Dedicated + for the first time with a minimum two year Service Commitment or Volume Commitment Period, as applicable (for purposes of this promotion the "Commitment', will receive credits equal to the monthly recurring charges ("MRC") for the Internet Dedicated port and the MRC for Access in the second monthly billing period for a two year Commitment Customers committing to a three year Commitment or greater will receive credits equal to the MRC for the Internet Dedicated port and the MRC for Access in the second and third monthly billing periods. Only Internet Dedicated ports located in the contiguous United States are eligible for this promotion. Local Access wireless backup connections used with Verizon's Internet Dedicated Services are not eligible for this promotion For customers agreeing to only a two year Commitment, certain Access + services are located in geographical areas where such services are provisioned using Gigabit Passive Optical Network technologies and in such geographical areas; both the Access + services and the Internet Dedicated port are ineligible for this promotion. Printed on 17 Nov 2017 22:35:16 GMT Quotes are exclusive of Taxes Verizon proprietary information Quote: 194738120 Contracting entities and exchange rate rules will be as defined in the agreement Page 1 of P11 T -971-M-1 11 k7cess narrwiks which qwflify I Qq lu..asa + cre,Oit, 6 bosh I the PrIvaw, IP + F s'q fit Stan ,and lWei nO De.,dirzted New Scnricc Inco utwve s I W I tmly aeceive. tit d I Gs, k1i Access as specified in the Private IP + Fast Start Promotion. This draft Quotation is for informational purposes only and is subject to change. Prices are exclusive of VAT and other taxes. Pricing assumes the provision of accurate customer information. Provisioning is subject to order acceptance. Pricing and provisioning are subject to the solution being deliverable and billable in accordance with negotiated ten -ns and conditions including service level agreements which have been agreed upon by Verizon and the customer in writing. Printed on 17 Nov 2017 22:35:16 GM7 Quotas are exclusive of Taxes Verizon proprietary information Quote: 194738120 Contracting entities and exchange rate rules will be as defined In the agreement Page 2 of 2 . . . . ....... . . Master Customer Legal Entity: BALDVMN PARK, CITY OF Master Verizon Legal Entity: MCI Communications Services, Inc- d/b/a Verizon Business Services Customer Address: 14403 PACIFIC AVE, BALDNN PARK, CA Quote Priced On: 17 Nov 2017 22:34:50 GMT 91706-A297, United States Account Manager: Phillip Marlin Quote ID: 194738120 Phillipa ma oin@on e.verizon, corn Quote Version #: 0 703-694-6449 Quote Expiration Date: 01 Jan 2018 Created By: Phillip Martin . . ..................... Contract ID: . ..... New . . . . ...... Service(s) Included in Quote: Access, Internet Dedicated Services Available Appendices (Additional Details and any Applicable Usage Tables): Note: Items shown with "" are priced at time of Quote and require a Service Order Form document . . . . . ..... .................. . ..... . ...... ... Quote Summary: All charges displayed in Invoice Currency unless otherwise noted or , - MK 1: Entity TV e '!n i�q Wrizo I I Leand-Erd i�YJVI'K] CUR NRC _p -rr ly- AP , r ljq90t,EL BALDWN PARK, CITY OF Contracting 14403 PACIFIC AVE, BALDWIN MCI Communications Services, USD 2,627.14 0.00 PARK, CA 91706-4297, United States Inc. d/b/a Verizon Business Services ----- Activity Type Quantity Location ID: 31516853C (Quote Name: Baldwin Park) 14403 PACIFIC AVE, BALDWIN PARK, CA 91706-4226, United States . . ....... .... ... . ..... Access Access, Service ID: 200409985 * Added Service Commitment: 36 months Local Access - Op/App Performance: Gold / Gold - 2D 1 0 Mbps - UNI N/A Spe,wd1 Gbps GigE) - TPV UNI Speed1 (,.',bps (CigE) . . . . . ... ... . ... . . ..................... .. Additional Promotions Included: Internet Dedicated New Service Incentive'l Internet Dedicated Services Intemet Dedicated Services, Service ID: 200410009 Added Service Commitment: 36 months Internet Dedicated Port - Tiered - 150 Mbps N/A — — - -------------- - - Additional Promotions Inducled: Internet Dedicated New Service Incentive Amount in Invoice Currency (USD) MRC NRC 1,714.54 0.00 912.60 0.00 2,627.14 0.00 I Subject to turn's and conditions, Cuslornars who order Verizon Internet Dedicated -t for the first time with a ininimurn, two year Service Con,irrillfrieril, or \ujurrlv- Commitinei'll Period, as applicable (for rmirposes of chis promotion the "Comnlit'raerit"), will receive (xf.ndjts equal W the inarithly rertirwing dtarges ("IARC") for the Internet Dedicated port and the MRC for Access in the second monthly billing period for a two year Cornmitinimt Ownmers owrimilting to a three year Commitment or greater will receive credits equal to the MRC for the Internet Dedicated port and the MRC for Access in the second and third monthly billing periods. Only Internet Dedicated ports located in the contiguous United States are eligible for this promotion. Local Access wireless backup connections used with Verizon's Internet Dedicated Services are not eligible for this promotion For customers agreeing to only a two year Commitment, certain Access + services are located in geographical areas where such services are provisioned using Gigabit Passive Optical Network technologies and in such geographical areas, both the Access + services and the Internet Dedicated port are ineligible for this promotion. Printed on 17 Nov 2017 22:35:17 GMT Quotes are exclusive of Taxes Verizon proprietary information Quote: 194738120 Contracting entities and exchange rate rules will be as defined in the agreement Page 1 of 2 verizon, mfml it g which qoalffy 10r Access + credjts In boUi Vir. F-Invzoe 11? u F am ,gaff and I 'Aerrlat LA""diczLed f"low So IV 14w I ficel I 6ve Y'halll unly I w'C.'redits JOI Access as specified in the Private IF + Fast Start Promotion. This draft Quotation is for informational purposes only and is subject to change. Prices are exclusive of VAT and other taxes, Pricing assumes the provision of accurate customer information. Provisioning is subject to order acceptance. Pricing and provisioning are subject to the solution being deliverable and billable in accordance with negotiated ten -ns and conditions including service level agreements which have been agreed upon by Verizon and the customer in writing. Printed on 17 Nov 2017 22:35:17 GMT Quotes are exclusive of Taxes Verizon proprietary information Quote: 194736120 Contracting entities and exchange rate rules Will be as defined in the agreement Page 2 of 2 verizo�nv Master Customer Legal Entity,: BALDWIN PARK, CITY OF Master Verizon Legal Entity: MCI Communications Services, Inc. d/b/a Verizon Business Services Customer Address: 14403 PACIFIC AVE, BALDWIN PARK, CA Quote Priced On: 17 Nov 2017 22:34:44 GMT 91706-4297, United States Account Manager: Phillip Martin Quote ID: 194738120 Phillip a.marlin@one,verizon,com Quote Version #: 1 703-694-6449 Quote Expiration Date: 15 Feb 2018 Created By: Phillip Martin Contract ID: New . ......... . ...... . . . ...... . — . ... . .... Service(s) Included in Quote: Access, Internet Dedicated Services Available Appendices (Additional Details and any Applicable Usage Table Note: Items shown with —" are priced at time of Quote and require a Service Order Form document . .. . ..... . . ........ Quote Summary: All charges displayed in Invoice Currency unless otherwise noted C ws4a-rrler 1—egal-1-1110. (CIt"J Ent-HY—TY-p—e CUR MRC NRC BALDWIN PARK, CITY OF Contracting 14403 PACIFIC AVE, BALDWIN MCI Communications Services, USD 1,914.33 0.00 PARK, CA 91706-4297, United States Inc. d/b/a Verizon Business Services .......... Activity Type Quantity Location ID: 31516853C (Quote Name: Baldwin Park) 14403 PACIFIC AVE, BALDWIN PARK, CA 91706-4226, United States . . . . . . . .................... . ..... . . . . .. . .... .. ................. Access Access, Service ID: 200409973 * Added Service Commitment 36 months Local Access - Op/App Performance: Gold / Gold - 100 Mbps - UNI N/A Spend: 100 Mbps (Fa&1E)-TPV UNI Spee& 100 Mbps (Fast')11 -11 1 - 11 - - - ------- - -- . . . . . ...... Additional Promotions Included: Internet Dedicated New Service incenhivp i Internet Dedicated Services Internet Dedicated Services, Service ID: 200409982 Added Service Commitment: 36 months Internet Dedicated Port - Tiered - 100 Mbps N/A . . . .... .... -- ----------- Additional Promotions Included: Internet Dedicated New Service Incentive Location Subtotal: Amount in Invoice Currency (USD) MRC NRC 1,238.33 0.00 676.00 0.00 1,914.33 0.00 'I Subject to terms and conditions, Customers who orderVerizon Internet Dedicated + for the firsttime with a minimum two year Service Commitm- R. , Peidas applicable (for purposes of this promobon the "Commitment'), will receive credits equal to the monthly recurring charges the Internet Dedirated port and the MRC for Access in the second monthly billing period for a two year Commitment Customers committing to a three year Commitment or greater will receive credits equal to the MRC for the Internet Dedicated port and the MRC for Access in the second and third monthly billing periods. Only Internet Dedicated ports located in the contiguous United States are eligible for this promotion. Local Access wireless backup connections used with Verizon's Internet Dedicated Services are not eligible for this promotion For customers agreeing to only a two year Commitment, certain Access + services are located in geographical areas where such services are provisioned using Gigabit Passive Optical Network technologies and in such geographical areas, both the Access + services and the Internet Dedicated port are ineligible for this promotion. Printed on 17 Nov 2017 22:35:14 GMT Quotes are exdusive of Taxes Verizon proprietary information Quote: 194738120 Contracting entities and exchange rate rules will be as defined in the agreement Page 1 of 2 Acces, c4cuils whirh quaWy Irii + m both flre- Private lP 4 14,A Stait ont'l InlernrlDedicaled New Sarvica IrcLInh-l-W.,e1h Access as specified in the Private IP + Fast Start Promotion. This draft Quotation is for informational purposes only and is subject to change. Prices are exclusive of VAT and other taxes. Pricing assumes the provision of accurate customer information. Provisioning is subject to order acceptance. Pricing and provisioning are subject to the solution being deliverable and billable in accordance with negotiated terms and conditions including service level agreements which have been agreed upon by Verizon and the customer in writing. Printed on 17 Nov 2017 22:35:14 GMT Quotes are exclusive of Taxes Verizon proprietary information Quote: 194738120 Contracting entities and exchange rate rules will be as defined in the agreement Page 2 of 2 Attachment #3 'fi waarysm v& Number (existing acct) trey Legal Name Business As (DBA) Nance nxie Nurnlmer a: Address: CA v ya}i'arl I CIX rSr ,1,5.I,tl P rn9MCr.L�.. of Baldwin Flash Contact Title Fax Number Ave____........._ ... .............. .. _. .......,, City Zip Code 91706 ... E, -From Service AgireementlNetwork Service Order v10,10.17. 02 Quoterorder ID: 898974£33 ,,,,,,,,,,,,,—. ....�.�,.. _ — �.......,....,�....., ...... Agreed by: Customer Signature Customer Narne (Print) Title E LVhI F^.9u�,11f^ 40&240 2472 _� .,.., ._.. _,.,_—. ,.._...... .. ........._,,,,_ .,......._. .._._.. Sales lEeg r a.csnYlt9bv.0 Name. Phone Ag eed by'Sales Mlaluo ger Signature .. uare 'nun prv(r4rrg cnyrvw,nYoxvrd;Eru ahtlm wmrvRcm VW,gvuarrwetwrcPMelwvrrk;Ca��.rwic� C7rcxtrd• 4x waNlaq Nrsr YwW d9ays Are a kp oras hca WJr xAq'7�, -''.. ^sec.tuan 2 TPx Services TPs will provide Cuslomw with the specf ied type and anvrwrt of Services ak the rales, and terms and -rdidik'nn..,...,..,. listed I'sked Below, and Customer shall accept and pay gar Services under the Tens and Conditions to which Customer agreed on the Trle—rourto.lians Account Agreement that governs this Service- Agreern nUNatw vk Service Order.. YJeScriP4ion of services Select Tema Quantity Monthly Recurring Non Recurring MRC To4al NRC Total I ength (Yrs) Charge (MRC) Charge (NRC) �.... ... _ ........ -.,..,_.._....... Y, YYgM I IIX v'tl Aero, e I Year w.... A 1 U1 61, OClO I 1 587 .. 3 t 000 00 _ ?O0M Yier 1 Part Year 1 ,.... _.. $0.00 6-00 $ � .. _2 ,m .... . . ....... m ..,,,-- Inlemat ... ,. .. .. 1 '.K1tira 4M'a 2100-,00 ,T,O.fUtb M,r .... N 200M Tier 1 Access Discount .. 3 Year 1 ($161 13 Q'4 D OCDt7 0B0 ($181 67] (1 000 00) P -NP 20Utefl Tler 1 Part D----- l .... 3 Year 1 _ ("s5,06.00") .... ....,. $0 00 , .�... .. ($5$0 00) 00 .. - -N Internet Discoun4... ....... .. ...— ,...... mm, ._...._.. ._ ..... .... ...�.., ., . 3 Year 1 ,—. , ..$0 00 w,�...w _ � $0.00 '.. $0 00 .... ,. _ ... ....� %0.00 $0 .... .,, „ _. ........_ __.— .......- ..—. _ ._—�._ - ............ w._ . _ -- SubTotaL $1,690.D0..,, ............. .. -- _ $0.00 . . LDAC, EUCC and EUCL Charges: $0.00 $0.00 Federal, State and Local Taxes and Other Charges will be applied in aonnrdance with the definitions stated at wwv,Apx,cocntrntes. IN WITNESS WHEREOF reach P.,fy hereto has caused this Service AgreementlNeheork Service Order to he executed by its duty authorized representative. ,,,,,,,,,,,,,—. ....�.�,.. _ — �.......,....,�....., ...... Agreed by: Customer Signature Customer Narne (Print) Title E LVhI F^.9u�,11f^ 40&240 2472 _� .,.., ._.. _,.,_—. ,.._...... .. ........._,,,,_ .,......._. .._._.. Sales lEeg r a.csnYlt9bv.0 Name. Phone Ag eed by'Sales Mlaluo ger Signature .. uare 'nun prv(r4rrg cnyrvw,nYoxvrd;Eru ahtlm wmrvRcm VW,gvuarrwetwrcPMelwvrrk;Ca��.rwic� C7rcxtrd• 4x waNlaq Nrsr YwW d9ays Are a kp oras hca WJr xAq'7�, -''.. S.,,vicP. A�.pement/Nkv-rk Ser,A0 ce edeir 00..'H. ) 77 02 7j Federal, State and L-1 Taxes and Other Charges will be applied in accordance with the denniti.ne, stated at ON WITNESS WHEREOF each Party h.,.t. has -.-d this Service AgreamentfNetwork Service Order to be executed by Ks duly authorived representative Agreed by: Customer Signature Dak,, Cuswrlaii 11,l arae (PlIM) I - Kevin FI,%jr 0�08-240-2472 ---------... . . . ...... . . . Name- Phone . ........... . Agreed hy: Sales MaOna ger SAqvianpire bal I rR lyp,.,,,d.r,o I cl aR 0,a r.11-, ard Leuvrus and condition fial.d taalowa, and Cusi ... P, shad arxarA and pay for he Tenns and Co,,dfti.na lu uwhiaao QMolnar agreed on the T(Aeco. nnrmirodraatluuns A.c.-I Aq-rrant Mal governs ffils Svp,,ice Ag ... rrs.,,rlt,lsh,orit S.,l,. Onts, D.-Hpil.. of Select Term Quantity Monthly Recurring Non Recurring MRC Total NRC Total Length (Yrs) Charge (MRC) Charge (NRC) Year 1 $902.37 - --- 0-00 . . . .............. $90287 $1,00D.00 - - ----- - - --- .......... .. . ... . . ......... ... . — , 3 Year . . ....................... $1,121 00 SUJ�x —so -00 SO 90 h Bernet--- — ----- 3 year —3Yea,-- -M�55E)-F- —$b 1 —00 -00 . ....... . . . . . . . . ............ ........... ...... . . . . . -- ------- ------- U. 0-0 . — ----- . ... . .. . . ................ . ...... . ....... ...... . . . . . . . . .. . ... .......... TE10-00 $000 - - ------ . ..... . . .... ..... . ....... . . ..... . . ... ........... . . . .. . ...... . . .... ... . . ...... 3 Yeai . 1 . ........... . .......... .. ... . . - - -------- --- 3 Year 1 l,$420.00) In emet Dh�count Year 1 50,00 $0.00 $0,00 $ ...... . . ........... Additional Accesm M) n 3 Year ........ ..... ... ILI, LIT191-- $000 . . ........ ..... . . . . ............... -11-- SubTotal: 1 . .. . ..$1,590.0..,., -1 1111-1.1-11-1-11"......- 0 .00 1-,-.---i - . . . . . ............ ... LDAC, EUCC and EUCL Charges: $0.00 $0.00 Federal, State and L-1 Taxes and Other Charges will be applied in accordance with the denniti.ne, stated at ON WITNESS WHEREOF each Party h.,.t. has -.-d this Service AgreamentfNetwork Service Order to be executed by Ks duly authorived representative Agreed by: Customer Signature Dak,, Cuswrlaii 11,l arae (PlIM) I - Kevin FI,%jr 0�08-240-2472 ---------... . . . ...... . . . Name- Phone . ........... . Agreed hy: Sales MaOna ger SAqvianpire bal I rR Service Agin ri,entttltiettveoirl, Service Order v10 'tO 1 7 02 ulk a !a~d �L^amVeldu.Po',' gi.lotetCDrder IQ. 89$97406 I aas ' 1 Fedara0, Uate and l...u.l'ra... and Other Charges wUl be appliedd In ;.....dance with the deflntttona stated M vavrw.tpxacermPra tars. IN VVI'rNESS WHEREOF each Pady beret.. has .auaad this Sire AgreemenHWefwork Servi.e Order to be execantmd by its duly author`exed representative Agreed by: Custorner Signature Customer Mame (Prink) Title FV11 win I"�augbu ...mm, 40d-2�0-2A 12 Sales Representative Name Phone ...,Agreed by: Sates ManageN Sigitate,eue... .............._,....�_ _. ___ __._ ,.... ..... Qa......... ..... _..,,._.......„m .,,,,..m ............ �, ,.., ,....., ..,,...�. to 'kN+n eamd�egr nd cmwr9N4 ��nd tar itnty S'=rn.Me Ag.nevaxan.4WWantlw+sOM limwvbte 4Arw9r�r &0. "vmftld Por diQ a4drg+s irzrna I'1*aw Z017 Sec2iouv 2 TPz Servim TPa will provide Cuslomre with the specified type and amamt o[ SeM-s at the rates, and terms and cnndlhons listed bel—, and Customer shall accept and pay for Service. under Ihr, Terms and Conditions to which Curt --agreed on the Tetccommunicaki.re Account Agreement that governs this Service Agreemen[/Nohvork 5ervire Order. Description o4 Services Select 'Term Monthly Re.0 -Hng ''..,, Won Recurring MRC Total WRC TotaO Length (Yrs) Charge Charge (MRC) Charge (WRC') 1 OOM Ter f Access ^_ Yar .,,.. e 1 ,.. 5 Wrl rat iwTi77 Nf1 d l 0 `a... 9"90 CYO.. ... _..._ .,,�,.® ................. _ _ .____ 1m Tier QOM Ti r 1 Portd .Y.—d Year 1 .., $1 1(10 PI(N 5 n pylrl ...�.. "& t 100 00 ....�._.. 1'0f,'rti jlnka el ..... 3 Year 1 $'10rvY O4b iRk fb+I Y 1Ydtl l7uy 514 0r~I 'Cua.rc 1 Vl, 41aC7------ uelh0 IIIVasN.11s'vr roroer ...... .._.._--. .._ ..._— ... .....r....,.,., ..... S 2 a ui .... 1 ,.e �.. AlF P Ih1 IibCi� ..e .. �„ ... .1e ttVC3 .. r-', r .. m. (51,4.Nrtll&wB)kB PJtiJ ....... .. ...... .... ....... V.uu^,ca7uurtt 0� 1ilOMfi ............ .,...... ..... '3 Year mm....,. 1 ,. ($23000) .......... ._. (S50000} ,... ($23000 .,. ,. ........ -, �. ($50000U _. m,mril/coca. _ ,.........__. .....�, .. .,,.... .. P -Yd: 100hA Tler 1 Pcrl. C7iscaunt ..— 3 Year 1 ..... ........ (5365.00) .......,... ...w... SH;.troa5 .......... ..._ ($2Pt5.H)4J1)< ... $td.¢Y€1 �P d drntr^ona k ttto rcr0rr00 Year 1 5_? -3 7 63 )50 OD ... .(526 02,� . ..,.., — ..---_ ... _ _,,..__,..—. .-1--l-1-1-1-11111- .� _., ......... ,........ ,,,,,.............. ........... ..... .............. . ...... . .. 5ubTotal. , .,......$1,280.00 , ..... ., . ,..... $0.00.. ....._......_,................. LDAC, EUCC and EUCL Charges: $0.00 $0.00 Fedara0, Uate and l...u.l'ra... and Other Charges wUl be appliedd In ;.....dance with the deflntttona stated M vavrw.tpxacermPra tars. IN VVI'rNESS WHEREOF each Pady beret.. has .auaad this Sire AgreemenHWefwork Servi.e Order to be execantmd by its duly author`exed representative Agreed by: Custorner Signature Customer Mame (Prink) Title FV11 win I"�augbu ...mm, 40d-2�0-2A 12 Sales Representative Name Phone ...,Agreed by: Sates ManageN Sigitate,eue... .............._,....�_ _. ___ __._ ,.... ..... Qa......... ..... _..,,._.......„m .,,,,..m ............ �, ,.., ,....., ..,,...�. to 'kN+n eamd�egr nd cmwr9N4 ��nd tar itnty S'=rn.Me Ag.nevaxan.4WWantlw+sOM limwvbte 4Arw9r�r &0. "vmftld Por diQ a4drg+s irzrna I'1*aw Z017 STAFF REPORT TO: FROM: DATE: ITEM NO. Honorable Mayor and City Council members Sam Gutierrez, Interim Director of Public Works d„ December 13, 2017 SUBJECT: ACCEPT AND AUTHORIZE THE FILING OF A NOTICE OF COMPLETION — CITY PROJECT NO. 2017-0205 — STORM DRAIN IMPROVEMENTS AT FRANCISQUITO AVE AND RAMONA BLVD (CORAK STORM DRAIN PH. II) SUMMARY This item will accept the work completed by this project, close the contract, and authorize the filing of a Notice of Completion with the County Clerk. This project reconstructed the storm drain infrastructure at the intersection of Ramona Blvd. and Francisquito Ave. including the installation of two (2) 8 -in HDPE Storm Drain Pipes, two (2) Catch Basins, and two (2) Manhole Junction Structures. The project also included the removal and replacement of concrete pavement, sidewalk, curb and gutter throughout the intersection. FISCAL IMPACT There is no impact to the general fund. The project is funded using Prop C — Fund No. 245 and a portion of the project will be funded by the City of Irwindale. The project was approved as part of the FY 2017/18 Capital Improvement Program (CIP) Budget and is listed as CIP No. 98. Funding for this project is as follows: RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements by Gentry Brothers, Inc. and authorize the recordation of a Notice of Completion; and 2. Authorize the payment of $10,480.71 in retention funds to Gentry Brothers, Inc. upon the expiration of the 35 -day notice period. a BACKGROUND On August 3, 2016 city council accepted the plans and specifications of Corak Storm Drain Phase I — City Project No. 2016-0152. On the same date, Council awarded the construction contract and project construction commenced on August 29, 2016. During project construction the contractor found utility conflicts with the proposed alignment of the storm drain at the Francisquito Ave and Ramona Blvd intersection that were not accounted in the original design of the project. After careful consideration staff decided that relocation of the utilities would be time and cost prohibited, and determined that the project needed to be redesigned to mitigate the original design's utility conflicts. Staff and the contractor attempted to negotiate a change order, but an agreement was not reached. On July 6, 2017, Staff executed a Task Order with Infrastructure Engineers for the preparation of project plans and specifications for redesign. Staff advertised the Notice to Bidders on August 30, 2017. On September 13, 2017 staff received the lowest responsive responsible bid from Gentry brothers, Inc. On September 20, 2017 Council awarded the construction contract and project worked commenced on October 30, 2017. DISCUSSION The project consisted of excavating and installing two (2) 8" HPDE Storm drain pipes, two (2) Catch Basins, and (2) two Manhole Junction Structures along Francisquito Ave and Ramona Blvd. A portion of the project services an existing City of Irwindale catch basin on Ramona Blvd. The City had executed a Cooperative Agreement with the City of Irwindale in the amount of $26,393 for the construction of the storm drain pipe and new catch basin within City of Irwindale's city limits. The original scope of work was increased to include more concrete removal and replacement to relieve the site of all trench cuts and make the intersection more aesthetically pleasing. The extra cost of concrete removal and replacement is shown as Change Order No. 2. Striping was not a part of the original contract and was added as Change Order No. 1. The Change Orders are here shown: CCO Description Cost M..... .:.... ....... ....... �._....... 1 Striping, Markings & Removals. Paint Blue City Boundary $10,459.25 Line. Thermoplastic Striping — Install 4" Solid White 100 LF. Install 8" Solid White 100 LF. Install 6" Skip White 50 LF. Install type IV Arrow. Install Type VII Arrow, 3 EA. Install Painted 12" Solid White Continental Crosswalk 600 SF. Remove Existing Thermoplastic Striping/Markings. Paint Black on Concrete. 2 Balance sheet — Final Quantity Adjustments $39,395.00 ------ _ Total $49,854.25 LEGAL REVIEW None Required. ATTACHMENTS 1. Balance sheet 2. Notice of Completion Attachment # 0 C) 0 0 LO U') o 0 0 k9l i 0 0 0 0 0 0 0 N N C".$ C11 0 (14 a) 6 ci 6 1 1 1 6 6 6 1 I6 a; C6 o CD ci V a a a) 0 C\l 0 0 0) — 0 000 0 0 0) m LO T LO IT C) Ln C5 (a to M Cl) — — —M LO N E IN 0 0 U3, U3, 61)� 6q 69 wlu�l 69lw 69 69 W, 0, 60 6U�l E9 Y.� 69 61q). U4) kf) bO� U) U U .EA 0 0 0 C) 0 0 0 0 0 0 0 0 0 W LO O 00000.00000000 Or U) 0 o . 00 . o 06666 4 C) 0 -) Z 0') Lf) O 0 0 00000000OL0000 wo 0 g T- C/) U-� Z NO"MNOOOOW — Of -i -: ti (6 N6 6 C4 C\i cli C\i -- df) Io< 0 LLJ 0 C\l Cl) — — — — (o co — 0 — z 0 L) I -- 0 Y) 69, Y) CA 61), z 0 ul). 0 < 0 0 W 61!� 169169 69 6r� UY 0, U� 6'�� 1 69 (A '0 0 04 — N '�T 04 r- 00— _0 z 0 00 04 U') CY) LO < C) w a C/) z C) 0 m = E z Cl 0 0 1 O(D0000coo(D0000000 LO 0 C\! 19 '04000000000000000000 a) C-) CD 0 c:> 0 C) '..o 0 0 c) (D 0 0 0 0 0 0 0 LO C.) MNOOMNOOOOW — WOOOOO qT Lo 0 —7 r,: C6 r-: Cq 6 6 C,� C\f V7 C4 —: L6r r ((i c; ai 0 CL N C, C', 69 WIVTfl 6T9 te 69 ffl rfl 61T9 69 U). co V.11 CD 0 CD 0 CD 0 0 CD 0 0 0 0 0 0 0 0 0 LO O m 0CDOC)C>OC)OOOMONOOOOO to m 0 a m 000C)000000-11-000CDC) LO 0 0 C.) (D 0 0 04 — 0000 0 0 0 C) C) 'IT cr) 0 0 C-4 CIJ aA r r u7 c; C6 C14 — — — — 69 69 U!) w (.9 03 W 64 64 69 6q 04 69 09 ce 69 V) 04 0 co m N— LO 00 04 — — — — CD Cl) LO — — — — — < U) < LL LL < < LL LL LL w w 0 U) LU -irl-i -i W LU LLJ LU a) E Ea) E q 2 E9 a; (Ii t. 0 0 < _0 CL 2 co 0 0 co Cf) as co w E > O C a) C: 03 Al 0) Ww 0 co 0 02 6) -6 u) o m 'o M m Q) Z 'a rz �d CD , 0 I-- -1 U) . 4) Z6 cl a) -6 r_ c 0 0 M m C/) F -- E 0 0 CO co (D (0 a — m 0 — m 0 - D -0 0) Q) (D (D a) U 0 -j C.) CD c) co 000 M C.) M Q M L) 0) C/) (D -2 -2 0 ro O- O m o s (n C/) 06 0 0 0 06 0 L) Q'(n � fy_ ly 0 U) uj E CN M '4 LO (D I- co (D r r m e to CD r- ol m Attachment #2 RECORDING REQUESTED BY: CITY OF BALDWIN PARK WHEN RECORDED MAIL TO: Name CITY OF BALDWIN PARK Address 14403 E. Pacific Avenue Baldwin Park State, Zip CA, 91706 APN: NSA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: Project� - - Corak Storm DrainPhase II - Ramona and Fran�ciswq Ito Storm Drain Improvements for the Cit of Baldwin µ Park and was ACCEPTED by City Council on September20, 2017 2. The FULL NAME of the OWNER is ­ City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue r..... Baldwin r ww,wwwwwwwwww mmm17 . 5. A work of improvement on the property hereinafter described was COMPLETED on.,,. December 8, 2017 6. The work of improvement completed is described as follows: � Ramona...n Fran i , JIt Storm r in Iw, . m........ G 7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is _entry Brothersinc._, 8. The street address of said property is Ramona Avenue and Francisquito Avenue The undersigned, being duly sworn Engineering Official of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. By: David Lopez Associate • Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date Signature STAFF REPORT TO: FROM: DATE: ITEM NO. Honorable Mayor and City Council members Sam Gutierrez, Interim Director of Public Works' December 13, 2017 py SUBJECT: APPROVE RESOLUTION NO. 2017-217, "A RESOLUTION OF THE CITY COUNCIL OF THE BALDWIN PARK ACCEPTING GRANT FUNDS FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR BICYCLE AND PEDESTRIAN SAFETY PROGRAMS" AND APPROVE A CONSULTANT SERVICES AGREEMENT WITH BIKE SGV FOR SERVICES RELATED TO THE PROGRAM SUMMARY This report seeks City Council consideration for the approval of Resolution No. 2017-217, accepting grant funds from the California Office of Traffic Safety (OTS) for Pedestrian and Bicycle Safety Programs. This item also seeks approval of a Consultant Services Agreement with BikeSGV, a non-profit health advocacy organization, to perform community outreach, safety training and educational classes as part of the scope of the grant. FISCAL IMPACT If approved, this action will have no impact on the City's General Fund. This program is funded by the State of California Office of Traffic Safety (OTS) Grant in the amount of $40,000. The Consultant Services Agreement amount will not exceed $27,100. Remaining funds will be used to purchase program promotional materials and cover staff time. Funds will be appropriated from Fund #270 (Grants Fund) and will be processed on a reimbursement basis. RECOMMENDATION Staff recommends that the City Council: 1.) Approve Resolution No. 2017-217 "A RESOLUTION OF THE CITY OF BALDWIN PARK ACCEPTING GRANT FUNDS FROM THE CALIFORNIA OFFICE OF TRAFFIC SAFETY FOR BICYCLE AND PEDESTRIAN SAFETY PROGRAMS"; and, 2.) Authorize the Mayor to sign a Consultant Services Agreement with (BikeSGV) for services related to community outreach, education, training and safety audit work in an amount not -to - exceed $27,100; and, 3.) Authorize the Director of Finance to appropriate $40,000 from Fund 270 (Grants Fund) for the Consultant Services Agreement and to purchase promotional materials and incidentals. BACKGROUND The grant for Pedestrian and Bicycle Safety Programs is a grant awarded by the California Office of Traffic Safety to help organizations achieve Vision Zero by preventing and reducing fatalities, serious injuries, and economic hardships caused by traffic collisions. An important feature of the program requirements is for law enforcement agencies to partner with another city department or organization with diverse but complementary strengths to create a program that would promote safety for all modes of transportation, but with a special focus on pedestrian and bicycle safety. The City of Baldwin Park was selected as one of the grant recipients because statistics demonstrated that there is a need for safety training and education programs due to an increase in Resolution No. 2017-217 Pedestrian and Bicycle Safety Programs Page 2 collision incidents. For instance, in 2016 injury collisions increased from 221 in 2015 from 267. Further, The Statewide Integrated Traffic Records System (SWIRTS) Report ranks the City of Baldwin Park as the 32"d worst city out of 103 similar cities for these types of collisions. DISCUSSION The City of Baldwin Park's Police, Parks and Recreation and Public Works Departments will be partnering with Bike San Gabriel Valley (BikeSGV) with the goal of utilizing education and outreach strategies to reach residents and visitors and ultimately reduce the number of persons injured or killed in traffic collisions involving pedestrians and bicyclists. BikeSGV is a non-profit organization and is well known for advocating and promoting pedestrian and bicycle safety programs. They have helped Cities and County develop Bicycle Master Plans prompting the development and construction of bicycle and pedestrian infrastructure within the San Gabriel Valley. They have been active in Baldwin Park for many years which makes them and ideal partner for this grant. Working with BikeSGV, the Police, Parks and Recreation, Public Works Departments, would implement programs to educate The City of Baldwin Park's residents and visitors on pedestrian and bicycling safety per the grant scope of services. As part of the program a Consultant Services Agreement will be entered into with BikeSGV to perform the following: • Safety Ambassador Training • Community Walking/Biking Street Audit Community Education • Bike to School Day • Bike Safety Outreach • 2 Hour Bike Safety Class • 3 Hour Bike Safety Class • Learn -to -Bike Class City Staff will be procuring the purchase of bike helmets, educational materials, safety equipment and other promotional materials. To determine the effectiveness of the program the City will be tracking before -and -after statistics thru S WIRTS. The expectation is that as the community becomes increasingly aware of safe walking and biking practices, collisions will decrease. ALTERNATIVES 1. The City Council may choose not to approve Resolution No. 2017-217 and thereby not accept the grant funding from the California Office of Traffic Safety. This action is not recommended as the City will lose $40,000 in funding for programs that will bring awareness to pedestrian and bicycle safety. 2. Provide Staff with alternative direction. LEGAL REVIEW None Required. ATTACHMENTS 1. Resolution No. 2017-217 2. Consultant Services Agreement — BikeSGV Attachment # I- MKIMIN I Its] 0 V I LLAIM) D1 11 BUM 1 414 V, Mly-101 oil 1911 Mia M MM, M By we MI illf-110 lh�� WHEREAS, the State of California Office of Traffic Safety ("OTS") has made funds available to the City of Baldwin Park, California ("the City") Public Works Department for personnel costs, contractual services, give-away equipment, and printing to promote pedestrian and bicycle safety; and WHEREAS, the OTS has awarded forty thousand dollars ($40,000) to the City's Public Works Department for personnel costs, contractual services, give-away equipment, and printing to pro- mote pedestrian and bicycle safety; and WHEREAS, Resolution No. 2017-217, which authorizes the Director of Public Works to ap- prove the submittal of grant application documents and amendments; and WHEREAS, the City Council desires to accept the grant funds from OTS. NOW THEREFORE, IT IS HEREBY RESOLVED ASF LL S: SECTION l.. The City of Baldwin Park will create best practice strategies to reduce the number of persons killed and injured in crashes involving pedestrians and bicyclists. SECTION 2. The City of Baldwin Park will use funded strategies that may include class- room education, bicycle rodeos, community events, presentations, and workshops. SECTION 3. The Public Works Director is hereby authorized to execute, on behalf of the City, all documents including but not limited to the grant award agreement, a copy of which is to be filed in the Office of the City Clerk, and any extension or amendments thereto. SECTION 4. The City agrees to comply with all requirements for the grant program (in- cluding any extension or amendments thereof) and that the funds will be appropriated as required thereby. SECTION 5. The funds shall not be used to supplant expenditures Controlled by the City, Resolution No. 2017-217 OTS — Pedestrian and Bicycle Safety Programs Grant Page 2 -1 $ t A STATE OF CALIFORNIA - COUNTY OF LOS ANGELES CITY OF BALDWIN PARK 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do herby certify that the foregoing Resolution 2017-217 was adopted by the City Council of the City of Baldwin Park at a special meeting held on December 13, 2017 by the following vote: • FAT" M Attachment #Z This Agreement is entered into this 13th day of December, 2017 by and between the City of Baldwin Park ("CITY") and Bike San Gabriel Valley ("SERVICE PROVIDER"). RECITALS A. CITY has determined that it requires the following professional services from a SERVICE PROVIDER: Pedestrian and Bicycle Safety Program B. SERVICE PROVIDER represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. SERVICE PROVIDER further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions of this Agreement. NOW THEREFORE, in consideration of mutual covenants and conditions herein contained, CITY and SERVICE PROVIDER agree as follows: 1. DEFINITIONS A. "Scope of Services": Such professional services as are set forth in Exhibit A attached hereto and incorporated herein by this reference. C. "Commencement Date": December 13, 2017 D. "Expiration Date": September 30, 2018 A. pf Services. Subject to the terms and conditions set forth in this Agreement, - - ------- - — SERVICE PROVIDER shall perform the services identified in the Scope of Services. CITY shall have the right to request, in writing, changes in the scope of work or the services to be performed. Any changes mutually agreed upon by the parties, and any increase or decrease in compensation, shall be incorporated by written amendments to this Agreement. B. Time for Performance. SERVICE PROVIDER shall commence the services on the .......... . . .... Commencement Date and shall perform all services in conformance with the project timeline set forth in Exhibit C attached hereto and incorporated herein by this reference. C. Standard of Performance. SERVICE PROVIDER shall perform all work to the highest professional standards and in a manner reasonably satisfactory to CITY. SERVICE PROVIDER shall comply with all applicable federal, state and local laws, ordinances, codes and regulations. 3. REPRESENTATIVES A. Ci,tyJ�pres qdive. For the purposes of this Agreement, the contract administrator • CITY's representative shall be the �,Jtyj.' tor of I Libl te i ticer, (hereinafter the 1 "City Representative"). It shall be SERVICE PROVIDER's responsibility to assure that the City Representative is kept informed of the progress of the performance of the services, and SERVICE PROVIDER shall refer any decisions which must be made by CITY to the City Representative. 1111t of the City Representative. Rm ,,eiitative. For the purposes of this Agreement, B. SI`jm(J.11 I%OVID[,.R� )res is hereby designated as the principal and representative of SERVICE PROVIDER authorized to act on its behalf with respect to the services specified herein and make all decisions in connection therewith (the "Responsible Principal"). The Responsible Principal may not be changed by SERVICE PROVIDER without the prior written approval of CITY. 4. SERVICE PROVIDER'S PERSONNEL A. SERVICE PROVIDER represents that it has, or will secure at its own expense, all personnel required to perform the services required under this Agreement. All such services will be performed by SERVICE PROVIDER or under its supervision, and all personnel engaged in the work shall possess the qualifications, permits and licenses required by applicable law to perform such services. B. SERVICE PROVIDER shall be solely responsible for the satisfactory work performance of all personnel engaged in performing services required by this Agreement, and compliance with all reasonable performance standards established by CITY. C. In the event that CITY, in its sole discretion, at any time during the term of this Agreement, desires the removal of any person or persons assigned by SERVICE PROVIDER to perform services pursuant to this Agreement, SERVICE PROVIDER shall remove any such person immediately upon receiving notice from CITY of the desire of CITY for the removal of such person or persons. D. SERVICE PROVIDER shall be responsible for payment of all employees' and sub SERVICE PROVIDERS' wages and benefits and shall comply with all requirements pertaining to employer's liability, workers' compensation, unemployment insurance, and Social Security. E. Permits and Licenses. SERVICE PROVIDER shall obtain and maintain during the Agreement term all necessary licenses, permits and certificates required by law for the provision of services under this Agreement, including a City of Baldwin Park business license. 5. FACILITIES AND EQUIPMENT Except as otherwise authorized by CITY in writing, SERVICE PROVIDER shall, at its sole cost and expense, furnish all facilities and equipment which may be required for furnishing services pursuant to this Agreement. 6. TERM OF AGREEMENT This Agreement is effective as of the Commencement Date and shall terminate on the Expiration Date, unless sooner terminated as provided in Section 18 herein. K "Blom, 11030 A. CITY agrees to compensate SERVICE PROVIDER for the services provided under this Agreement, and SERVICE PROVIDER agrees to accept in full satisfaction for such services, a sum not to exceed - twenty-seven thousand one hundred dollars,_ ($27,100). payable as earned mm during the Project in accordance with Exhibit B. The compensation payable hereunder includes all professional services. Payments shall be made in accordance with Section 8 herein. CITY shall not withhold applicable federal or state payroll or any other required taxes, or other authorized deductions from each payment made to SERVICE PROVIDER. No claims for compensation in excess of the not -to -exceed amount for the Project as shown in Exhibit B will be allowed unless such additional compensation is authorized by CITY in writing. All requests for compensation in excess of the not - to -exceed amount must be submitted to and approved by the City Representative. B. The amount set forth in paragraph A shall include reimbursement for all actual and necessary expenditures reasonably incurred in the performance of this Agreement. C. Additional Services. No claims for additional services performed by SERVICE PROVIDER which are beyond the scope set forth in Exhibit A will be allowed unless such additional work is authorized by CITY in writing prior to the performance of such services. Additional services, if any are authorized, shall be compensated on a time and materials basis using SERVICE PROVIDER's Approved Fee Schedule (Exhibit B). Fees for such additional services shall be paid within thirty (30) days of the date SERVICE PROVIDER issues an invoice to CITY for such services. 8. METHOD OF PAYMENT SERVICE PROVIDER shall submit to CITY an invoice, on a monthly basis, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Such itemizations shall include the days worked, number of hours worked, and authorized reimbursable expenses incurred with appropriate back-up documentation and receipts evidencing the authorized expenses, if any, for each day in the period and shall separately describe any additional services authorized by CITY. Any invoice claiming compensation for additional services shall include appropriate documentation of CITY's prior authorization. Within ten (10) business days of receipt of each invoice, CITY shall notify SERVICE PROVIDER in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, CITY shall pay all undisputed amounts included on the invoice up to the maximum amount set forth in Section 7. All reports, documents or other written material ("written products") developed by SERVICE PROVIDER in the performance of this Agreement shall be and remain the property of CITY without restriction or limitation upon its use or dissemination by CITY. SERVICE PROVIDER may take and retain such copies of the written products as desired, but no such written products shall be the subject of a copyright application by SERVICE PROVIDER. ffl� N."KINTA N 0 ti Do 10 Travel required by SERVICE PROVIDER or any subSERVICE PROVIDER or subcontractor pursuant to this Agreement shall not be a reimbursable expense. 0 SERVICE PROVIDER will act hereunder as an independent contractor. This Agreeme shall not and is not intended to constitute SERVICE PROVIDER as an agent, servant, or employ of CITY and shall not and is not intended to create the relationship of partnership, joint venture association between CITY and SERVICE PROVIDER. I I - 0101 W 1110401 N All data, documents, discussion, or other information developed or received by SERVICW disclosed by SERVICE PROVIDER without prior written consent by CITY. CITY shall grant su. consent if disclosure is legally required or necessary to provide the services under this Agreeme 'I All CITY data shall be returned to CITY upon the termination of this Agreement. SERVIC PROVIDER's covenant under this Section shall survive the termination of this Agreement. [9-110NEW101 W N [ON IP1401 SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that those persons presently have no interest and shall not obtain any interest, direct or indirect, which would conflict in any manner with the performance of the services contemplated by this Agreement. No person having such conflicting interest shall be employed by or associated with SERVICE PROVIDER in connection with this project. SERVICE PROVIDER hereby warrants for itself, its employees, and subcontractors that no such person shall engage in any conduct which would constitute a conflict of interest under any CITY ordinance, state law or federal statute. SERVICE PROVIDER agrees that a clause substantially similar to this Section shall be incorporated into any sub -contract that SERVICE PROVIDER executes in connection with the performance of this Agreement. 14. INDEMNIFICATION A. To the full extent permitted by law, SERVICE PROVIDER shall indemnify, hold harmless and defend CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns from and against any and all claims, demands, causes of action, liability, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. The parties understand and agree that the duty of SERVICE PROVIDER to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code. B. SERVICE PROVIDER's obligations under this or any other provision of this Agreement will not be limited by the provisions of any workers compensation act or similar act. SERVICE PROVIDER expressly waives its statutory immunity under such statutes or laws as to CITY, its officers, agents, employees and volunteers. C. SERVICE PROVIDER agrees to obtain executed indemnity agreements with from each and every subcontractor or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. In the event SERVICE PROVIDER fails to obtain such indemnity obligations for the benefit of CITY, SERVICE PROVIDER agrees to be fully responsible and indemnify, hold harmless and defend CITY, its officers, agents, employees and volunteers from and against any and all claims and losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from any alleged, intentional, reckless, negligent or otherwise wrongful acts, errors or omissions of SERVICE PROVIDER or any of its officers, employees, servants, agents, subcontractors, volunteers or any other person or entity involved by, for, with or on behalf of SERVICE PROVIDER in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys' fees incurred by counsel of CITY's choice. D. CITY does not, and shall not, waive any rights that it may possess against SERVICE PROVIDER because of the acceptance by CITY, or the deposit with CITY, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense. SERVICE PROVIDER agrees that SERVICE PROVIDER's covenant under this Section shall survive the termination of this Agreement. E. SERVICE PROVIDER agrees to pay all required taxes on amounts paid to SERVICE PROVIDER under this Agreement, and to 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. SERVICE PROVIDER shall fully comply with the workers' compensation laws regarding SERVICE PROVIDER and SERVICE PROVIDER's employees. SERVICE PROVIDER further agrees to indemnify and hold CITY harmless from any failure of SERVICE PROVIDER to comply with applicable workers' compensation laws. CITY shall have the right to offset against the amount of any fees due to SERVICE PROVIDER under this Agreement any amount due to CITY from SERVICE PROVIDER as a result of SERVICE PROVIDER's failure to promptly pay to CITY any reimbursement or indemnification arising under this Section. 15. INSURANCE A. SERVICE PROVIDER shall at all times during the term of this Agreement carry, maintain, and keep in full force and effect, insurance as follows: 1. Commercial General Liability Insurance with minimum limits of One Million Dollars ($1,000,000) for each occurrence and in the aggregate for any personal injury, death, loss or damage. 2. Automobile Liability Insurance for any owned, non -owned or hired vehicle used in connection with the performance of this Agreement with minimum limits of One Million Dollars ($1,000,000) per accident for bodily injury and property damage. 3. Worker's Compensation insurance as required by the State of California. 4. Professional Liability Insurance with a minimum limit of One Million Dollars ($1,000,000) per occurrence. B. SERVICE PROVIDER shall require each of its sub -SERVICE PROVIDERS or sub- contractors to maintain insurance coverage that meets all of the requirements of this Agreement. C. The policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least ANII in the latest edition of Best's Insurance Guide. D. SERVICE PROVIDER agrees that if it does not keep the insurance required in this Agreement in full force and effect, CITY may either immediately terminate this Agreement or, if insurance is available at a reasonable cost, CITY may take out the necessary insurance and pay, at SERVICE PROVIDER'S expense, the premium thereon. E. Prior to commencement of work under this Agreement, SERVICE PROVIDER shall file with CITY's Risk Manager a certificate or certificates of insurance showing that the insurance policies are in effect and satisfy the required amounts and specifications required pursuant to this Agreement. F. SERVICE PROVIDER shall provide proof that policies of insurance expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Such proof will be furnished at least two weeks prior to the expiration of the coverages. G. The general liability and automobile policies of insurance shall contain an endorsement naming CITY, its elected officials, officers, agents, employees, attorneys, servants, volunteers, successors and assigns as additional insureds. All of the policies shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty (30) days' prior written notice to CITY. SERVICE PROVIDER agrees to require its insurer to modify the �4,rw-biLimre of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word "endeavor" with regard to any notice provisions. H. The insurance provided by SERVICE PROVIDER shall be primary to any other coverage available to CITY. Any insurance or self-insurance maintained by CITY, its officers, employees, agents or volunteers, shall be in excess of SERVICE PROVIDER's insurance and shall not contribute with it. 1. All insurance coverage provided pursuant to this Agreement shall not prohibit SERVICE PROVIDER, and SERVICE PROVIDER's employees, agents, subcontractors, or volunteers from waiving the right of subrogation prior to a loss. SERVICE PROVIDER hereby waives all rights of subrogation against CITY. J. Any deductibles or self-insured retentions must be approved by CITY. At the option of CITY, SERVICE PROVIDER shall either reduce or eliminate the deductibles or self-insured retentions with respect to CITY, or SERVICE PROVIDER shall procure a bond guaranteeing payment of losses and expenses. K. If SERVICE PROVIDER is a Limited Liability Company, general liability coverage must be amended so that the Limited Liability Company and its managers, affiliates, employees, agents, and other persons necessary or incidental to its operation are insureds. L. Procurement of insurance by SERVICE PROVIDER shall not be construed as a limitation of SERVICE PROVIDER's liability or as full performance of SERVICE PROVIDER's duties to indemnify, hold harmless and defend under Section 14 of this Agreement. 2 A. CITY shall provide SERVICE PROVIDER with all pertinent data, documents and other requested information as is reasonably available for the proper performance of SERVICE PROVIDER's services. B. In the event any claim or action is brought against CITY relating to SERVICE PROVIDER's performance in connection with this Agreement, SERVICE PROVIDER shall render any reasonable assistance that CITY may require. SERVICE PROVIDER shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three (3) years. CITY shall have access, without charge, upon reasonable notice, during normal business hours to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings, and activities. A. CITY shall have the right to terminate this Agreement for any reason or for no reason on five (5) calendar days' written notice to SERVICE PROVIDER. SERVICE PROVIDER shall have the right to terminate this Agreement for any reason or no reason on sixty (60) calendar days' written notice to CITY. SERVICE PROVIDER agrees to cease all work under this Agreement on or before the effective date of such notice. All completed and uncompleted products up to the date of receipt of written notice of termination shall become the property of CITY. B. In the event of termination or cancellation of this Agreement by CITY, due to no fault or failure of performance by SERVICE PROVIDER, SERVICE PROVIDER shall be paid based on the percentage of work satisfactorily performed at the time of termination. In no event shall SERVICE PROVIDER be entitled to receive more than the amount that would be paid to SERVICE PROVIDER for the full performance of the services required by this Agreement. SERVICE PROVIDER shall not be liable for any failure to perform if SERVICE PROVIDER presents acceptable evidence, in CITY's sole judgment, that such failure was due to causes beyond the control, and without the fault or negligence of SERVICE PROVIDER. Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (a) the day of delivery if delivered by hand or overnight courier service during SERVICE PROVIDER's and CITY's regular business hours; or (b) on the third business day following deposit in the United States mail, postage prepaid, to the addresses heretofore below, or to such other addresses as the parties may, from time to time, designate in writing. If to CITY: Attn: Sam Gutierrez Interim Director of Public Works 7 Attn: We,,ilqy f�cqflinarqii Executive Director 14403 E. Pacific Avenue Waldwin Park, California 91706 Telephone: (626) 813-5251 --mail: s I'Ve ijvz(ii) In I ark,(,,,,qpi . . .... ...... ........... i ................... . . . Mmflm��= K-obert N. Tafoya, City Attorney Talby,a & Garcia LL? 316 Wcst 2 nd Street, Suite 1000 [Los Angeles, CA 90012 Telephone: (213) 617-0600 Bike San Gabriel Valley 10900 Mulhall Street Ud Monte, CA 91731 Telephone: (626) 566-8302 email: \ves ik SGV I' "11111111"ill! 1! 1111,411 ill J[111 1 1711111 ITIMMUM C , NJ -pill wilmal 9 IUUIIL 144 1 marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation or other basis prohibited by law. SERVICE PROVIDER will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition, or sexual orientation. 1111,011WIN4111 , IWIN hereunder, either in whole or in part, wiffiout U1 1 'I's prior written consent, ana any anempt to do so shall be void and of no effect. CITY shall not be obligated or liable under this Agreement to any party other than SERVICE PROVIDER. M�MMIQWMMM ADL W In the event that CITY or SERVICE PROVIDER commences any legal action or proceeding to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to recover its costs of suit, including reasonable attorney's fees. All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and provisions of any document incorporated by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between CITY and SERVICE PROVIDER with respect to the subject matter herein. No other prior oral or written agreements are binding on the parties. Any modification of this Agreement will be effective only if it is in writing and executed by CITY and SERVICE PROVIDER. L -N This Agreement shall be governed by and construed in accordance with the laws of the State of California. In the event of litigation between the parties, venue in State trial courts shall lie exclusively in Los Angeles County. In the event of litigation in a United States District Court, exclusive venue shall lie in the Central District of California. Wherever possible, each provision of this Agreement shall be interpreted in such a manner as to be valid under applicable law. If any provision of this Agreement is determined by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect. The captions used in this Agreement are solely for reference and the convenience of the parties. The captions are not a part of the Agreement, in no way bind, limit, or describe the scope or intent of any provision, and shall have no effect upon the construction or interpretation of any provision herein. 931004ffkfAl M#01TJ This Agreement may be executed in any number of counterparts, each of which shall be deemed an original, but all of which when taken together shall constitute one and the same instrument. TO EFFECTUATE THIS AGREEMENT, the parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. IN WITNESS WHEREOF, the parties have executed this Agreement as of the date first written above. WN M Ma a 11 P, k, V 1010 MY IVo Atwl• Manual Lozano By: Mayor ATTEST: By: City Clerk 9 name and title name and title The Contractual scope of services is also in the Office of Traffic Safety Grant agreement PSI 8006 Titled "Pedestrian and Bicycle Safety Program". Scope Of SERVICES 1) Safety Ambassador Training Seminar: I units@ $1,450 per unit, Total $1,450 Bilingual Street Safety Ambassador Training Seminars - designed to engage and empower local residents to help lead program activities and become local leaders in promoting bicycle/pedestrian safety 2) Community Walking/Biking Street Audits: I units@ $1,750 per unit, Total $1,750 Includes event marketing (e.g. flyer design), outreach, and LCI -certified ride marshals 3) Walk to School Day Coordination: I unit@ $8,000 per unit, Total $4,500 District -wide (13 elementary schools) coordination of walk to school day 4) Bike to School Day Coordination : I unit@ $8,000 per unit, Total $8,000 District -wide coordination of bike to school day (K-12) 5) Bike Safety Checkpoints: 10 Units@ $400 per unit, Total $4,000 Intercept booths along streets frequented by people who bike in BP; bi-lingual staff will distribute safety information, notices about upcoming free classes, and free bicycle lights and/or helmets to those observed riding without 6) 2hr Bicycle Safety Class: 3 units@ $850 per unit, Total $2,550 Bi -lingual LCI instructors; in -class instruction only 7) 3hr Bicycle Safety Class: 2 units @ $1,150 per unit, Total $2,300 LCI instructors; in -class and on -bike instruction 8) Learn -to -Bike Class: 3 units @ $850 per unit, Total $2,550 Bi- lingual LCI instructors; on -bike instruction; loaner bikes provided H ITEM NO 7 STAFF REPORT %/ ', TO: Honorable Mayor and City Council members HUB OF ,, 4M rH�E FROM: Sam Gutierrez, Interim Director of Public Works K' sAN,dABRiEL` DATE: December 13, 2017 �VALLEY ,, ,, , SUBJECT: ACCEPT PLANS AND SPECIFICATIONS, AND ALp �"I1I.11LI1+ 'aar PUBLISHING A NOTICE INVITING BIDS FOR CITY PROJECT NO. 2017 — 0211 SMART PARKING UPGRADES TO TRANSIT STRUCTURE AND SURFACE LOT PARKING PROJECT CIP NOS. 42 AND 45 SUMMARY This item will authorize the publishing of Notice Inviting Bids for City Project No. 2017-0211—Smart Parking Upgrades to Transit Structure and Surface Lot Parking Project. The project will add wayfinding signage, parking stall sensors, ticket kiosk wiring and new equipment with programming improvements to the Transit Center Parking Structure and to the Baldwin Park Metrolink Station Parking Lot. The project will also include installation of vehicle detector loops at parking lot entries, electrical service pedestals and ADA upgrades. FISCAL IMPACT There are no fiscal impacts at this time. This project is listed in the current Fiscal Year 2017/2018 Capital Improvement Program (CIP # 42 & 45). Upon review of bids received, staff will recommend a construction contract award. At that time, staff will also provide a construction cost estimate with a breakdown by improvements to be constructed. The following table lists the funds. RECOMMENDATION It is recommended that the City Council: 1. Approve the plans and specifications for the Smart Parking Upgrades to Transit Center Parking/Structure and to the Baldwin Park Metrolink Station Parking Lot, City Project No. 2017- 0211 and authorize staff to advertise the Invitation to Bid BACKGROUND On September 24, 2009 the City of Baldwin Park was awarded an MTA Call for Projects Grant for the Metrolink Resource Management Demonstration Project that would bring Smart Parking Upgrades to the Metrolink Station, Transit Center (not -yet -constructed at the time of grant award) and the Park -n -Ride site. On March 21, 2016, after several delays, the project timeline was extended with an amended scope including the elimination of the Park -n -Ride site. On September 21, 2016, at the Regular meeting the City Council approved the City's Capital Improvement Program which included an appropriation for the construction of the Smart Parking Upgrades to Transit Structure and Surface Lot Parking Project. On February 28, 2017 the Public Works Director executed a Request for Services (RFS — Task Order) to prepare the report including preparation of a design package for construction. 11 DISCUSSION This project will help reduce vehicle miles traveled (VMT) for commuters by providing directional wayfinding signage to the Baldwin Park Metrolink Station, Baldwin Park Transit Center/Parking Structure, and Metrolink Park and Ride. The wayfinding signage will be designed to provide directional information to assist motorists in accessing the Metrolink Station and the adjacent parking lots. It is often difficult for commuters to access the Metrolink Station from major roadways including Ramona Boulevard and Pacific Avenue because of the diagonal local street pattern south of Ramona Blvd. and the Metrolink Station's location. Motorists not familiar with local streets often drive longer distances to access the park-and-ride lot, Transit Center Structure or the Mertolink Station. The wayfinding signs will provide directions to the motorists as they approach the Metrolink Station on Ramona Boulevard, Pacific Avenue, and Maine Avenue, and therefore achieve the project's VMT reduction goals. In addition, parking detection and transmission equipment will be installed in the Bogart Avenue parking structure and the Downing Avenue parking lot in order to direct motorists to available parking. Commuter parking is only allowed on the third and fourth levels of the Baldwin Park Transit Center/Parking Structure on Bogart Avenue. The other levels are used to support city offices and downtown businesses. The installation of real-time parking capacity signage at the parking structure entrance will eliminate the need of commuters to drive to the upper levels of the structure in order to find available parking when the commuter parking reaches its capacity. Since the city has already been granted an extention to complete the project, time is of the essence to commence construction. If the City does not meet the construction timeline, MTA may choose to pull the funding. The plans and specifications have been completed and it is staffs recommendation that the project be advertised for construction. ALTERNATIVES 1. The City Council may choose not to go forward with the project. This action is not recommend as the City will risk loosing $186,000 in funding. 2. Provide staff with alternate direction. LEGAL REVIEW None Required. ATTACHMENTS None STAFF REPORT HUiOF rw A A R1EL ITEM NO. - i1j/lI TO: Honorable Mayor and City Councilmembers FROM: Rose Tam, Director of Finance DATE: December 13,, 2017 - �M SUBJECT: SUCCESSOR AGENCY TO THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF BALDWIN PARK WARRANTS AND DEMANDS SUMMARY Attached is the Warrant and Demand Register for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin to be ratified by the City Council. FISCAL IMPACT The attached Warrant Register for Successor Agency of the City of Baldwin Park in the total amount of $745.21 LEGAL REVIEW None required. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. BACKGROUND The attached Claim and Demand report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: The November 8 to December 1, 2017 Successor Agency Warrant with check numbers 13531 to 13531 in the total amount of $745.21 were made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. ",pu OF14X � City of Baldwin Park, CA L .° Payable Number Payment Date Fund: 836 - SIERRA VISTA DEBT SERVICE 0024758 -IN 11/13/2017 Vendor Name HDL, COREN & CONE Description (Item) PROP TX OCT -DE 2017 Post Dates 11/08/2017 - 12/01/2017 Account Number 836-00-000-51100-14900 Fund 836 - SIERRA VISTA DEBT SERVICE Total: Amount 745.21 .._.................. 745.21 Grand Total: 745.21 STAFF' AQP R. tA 11 ,, TO: , Iu OF � FROM: r� crrMti DATE: �sr , SUBJECT: ITEM NO. Honorable Mayor and City Councilmembers Rose Tam, Director of Finance'. December 13, 2017 TREASURER'S REPORT — OCTOBER 2017 SUMMARY Attached is the Treasurer's Report for the month of October 2017. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for October 2017. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 1013112017 INVESTMENT INTERESTRATE PURCHASE MA TURITY PAR CURRENT BOOK ARKET MV D SCRtPTlON 102,079.94 DATE ATE. v VALUE PRINNCIPAN VAL 6., VALUL] State of Callforola Lcacnl Ago qwy Investment Fund ( AIF) ..._.._,._,. . Clty-lracquading 4�erroeral Fnurnd &ail. aatixerSpeclaa9 Rovciriiae Funds 114% Varies Varies $ 22,124,165.98 $ 22,124,165.98 $ 22,124,165.98 22,124, 165.98 HousingAiAhorlty 1.14% Varies Varies 13,262.69 13,262.69 13,262.69 13,262.69 22,137,428.67 22,137,428.67 � �22,,137,428.67 22,137,428.67 Certificate of Deposit Capital One Sank USA NAIL. ASSN 1.15% 9/1412016 9/14/2018 245,000.00 245,000.00 245,000.00 243,936.70 Wells Fargo Bank NA SIOUX Falls 1.15% 911412016 9/14/2018 245,000.00 245,000.00 245,000.00 243,956.30 JP Morgan Chase Bank NA Columbus 1.15% 9/16/2016 9/1612018 245,000.00 245,000.00 245,000.00 243,941.60 Ally Bank Midvale CTF DEP ACT/365 1.15% 9/17/2016 9117/2018 245,000.00 245,000.00 245,000.00 243,914.65 American Express Centurion 1.60% 4/1212017 4112/2019 250,000.00 250,000.00 250,000.00 249,752.50 Everbank-Jacksonville 1.55% 4116/2017 4116/2017 250,000.00 250,000.00 250,000.00 249,802.50 1,480,000.00 1 460,000.00 1 ,480,000.00 1,475,304.25 Fiscal Agent Funds (TrustMobt, Sor'vlce Fund) Varies Varies Varies 2,580,395.47 2,580,395,47 2,580,395.47 2,580,395.47 Fiscal Agent Funds - Successar Agoncy (Trust/Debt Service Fund Varies Varies Varies 48,376.43 48,376.43 48,376.43 48,376.43 2,628,771.90 -2,628,T7116- ----f 628,771.90 ....._,2,662828,7777 -2,628,77-1.90 -T6,246,200.57 $ 21i,?t1504A2 a .... 26,246x200.57 $ 2,6x246 200 67 5 2 Total Investments $ 26,246,200.57 Cash with Bank of the West City Checking 1,171,567.54 Money Market Plus 53,292.00 City Miscellaneous Cash 102,079.94 Successor Agency 428,792.39 Housing Authority 207,470.13 Financing Authority 0.00 Investment Brokerage8,281.16_ Total Cash with Bank of the West 1,971,483.16 Total Cash and Investments $_ 48 2 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of September 2017 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tames Director of Finance ITEM NO. /,,,i/�%� rrl �I Y r�l l llllllllllll iliilll S""I'AF" REPORT Lbp, TO: Honorable Mayor and City Councilmembers HUB FROM: Robert N. Tafoya, City Attorney $ALLALLIEY BRIEL � DATE: December 13, 2017 V�SUBJECT: A REQUEST FOR CONSIDERATION OF A MUNICIPAL NO (ZONING) CODE AMENDMENT BY URGENCY ORDINANCE TO MODIFY CHAPTER 127 (COMMERCIAL CANNABIS) TO INCREASE THE NUMBER OF PERMITS PERMITTED FROM FIFTEEN TO TWENTY _....... -..... ......._ _WWW .............. SUMMARY The proposed amendment to Chapter 127 in the zoning code will be minor in nature. The number of allowed permits for Commercial Cannabis Use will be increased from fifteen to twenty in number. This amendment to the Commercial Cannabis will- be adopted as an Urgency Ordinance and will go into effect immediately if approved by a 4/511' vote of the City Council. FISCAL IMPACT This Urgency Ordinance has an unspecified Fiscal Impact on the General Fund in that five additional permittees will pay mitigation fees. RECOMMENDATION Staff recommends that the City Council conclude the Public Hearing and, thereafter, waive the reading and adopt by title only Urgency Ordinance entitled, "An Urgency Ordinance of the City Council of the City of Baldwin Park, California, Amending Chapter 127, Medical and Adult Use Commercial Cannabis, of Title XI, Business Regulations to the City of Baldwin Park Municipal Code." CEOA In accordance with the provisions of the California Environmental Quality Act (CEQA), Section 15061 (b) (3) of Chapter 3, Title 24, it has been determined that the proposed Code Amendment project will not have an impact upon the environment. BACKGROUND/DISCUSSION A Public Hearing was opened on December 6, 2016, to consider Ordinance No. 1403. At this meeting, testimony from the public was heard. Upon closing of the public hearing, a motion was made by Mayor Lozano, seconded by Council member Rubio, and carried (4-0-1; Council member Garcia was absent), to continue the Public Hearing to the date certain of Wednesday, December 13, 2017, at 7:00 p.m. Pursuant to California Government Code Section 36937 an ordinance may be adopted without the need to bring it back for a second reading. By adopting the ordinance as an urgency ordinance, the proposed amendments to the ordinance will go into effect immediately upon adoption. The City must make a finding that the urgency ordinance is necessary for the immediate preservation of the public peace, health or safety and must pass the urgency ordinance by at least a 4/5`h vote. The factual basis for approving this amended zoning code is that the State of California has set a deadline for the end of 2017 for Commercial Cannabis local issuance of Permits for the Manufacturing, Cultivation, and Distribution of Commercial Cannabis. Based on this factual background adopting this urgency ordinance is necessary for the immediate preservation of the public peace, health and safety in that the residents of Baldwin Park requires this minor amendment to, the Ordinance. LEGAL R.1 VIE11W This Staff Report and the Urgency Ordinance has been reviewed by the City Attorney's Office as to form and content, ALTERNATIVES The City Council may determine that the current limit of 15 permits is desirable. ATTACHMENTS 1. -Ordinance No. 1403 URGENCY ORDINANCE NO, 1403 AN URGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AMENDING CHAPTER 127, MEDICAL AND ADULT USE COMMERCIAL CANNABIS, OF TITLE XI, BUSINESS REGULATIONS TO THE CITY OF BALDWIN PARK MUNICIPAL CODE WHEREAS, prior to August 16, 2017, the City of Baldwin Park ("City") and Baldwin Park Municipal Code (BPMC) did not permit medical and adult commercial cannabis cultivation, manufacturing, and distribution uses; and WHEREAS, on August 16, 2017, the City adopted Ordinance No. 1400 adding Chapter 127, Medical and Adult Use Commercial Cannabis, of Title XI, Business Regulations to the City of Baldwin Park Municipal Code, thus permitting the Cultivation, Manufacturing, Distribution and Testing of Commercial Cannabis with a Development Agreement; and WHEREAS, since early 2017, in several City Council Study Sessions, there has been discussion about amending the City's Municipal Code to allow and regulate Cannabis Cultivation, Manufacturing and Distribution uses within the City of Baldwin Park, provided development standards and a Development Agreement are included; and WHEREAS, the City of Baldwin Park held five (5) educational and public outreach sessions at various locations throughout the City to bring awareness to the community; and WHEREAS, the educational and public outreach sessions were held at the Baldwin Park Senior Center, the Baldwin Park Performing Arts Center, and the Baldwin Park Arts and Recreation Center; and WHEREAS, each educational and public outreach session had speakers from the City as well as industry experts who presented information and were available to answer any questions; and WHEREAS, the City desires to amend Chapter 127, Medical and Adult Use Commercial Cannabis, to 1) increase the number of cannabis permits allowed from the current fifteen (15) and 2) re -define the 600 -foot distance criteria for schools, day-care centers, parks, or youth centers; and WHEREAS, Section 15061(b)(3) of Chapter 3, Title 14 of the California Code of Regulations (the "CEQA Guidelines") describes the general rule that CEQA only applies to projects which "have the potential for causing a significant effect on the environment"; where it can be seen with certainty that there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA; Urgency Ordinance No. 1403 Page 2 and zoning regulations do not constitute the approval of any development project, and will therefore not result in any physical change in the environment. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1. Chapter 127, Medical and Adult Use of Commercial Cannabis, of Title XI, Business Regulations shall hereby be amended as follows: CHAPTER 127. Medical and Adult Use Commercial Cannabis 127.01: Purpose A. The purpose of this chapter is to regulate all commercial cannabis activity in the City of Baldwin Park, as defined in Section 26000 et seq. of the California Business and Professions Code, to the extent authorized by state law and in a manner designed to minimize negative impact on the City, and to promote the health, safety, morals, and general welfare of residents and businesses within the city. B. This article is further adopted and established pursuant to the specific authority granted to the City of Baldwin Park in Section 7 of Article XI of the California Constitution and Section 26000 of the California Business and Professions Code. These regulations shall govern all commercial cannabis activity that occurs within the jurisdiction of the City. 127.02: Definitions Unless otherwise defined herein, the terms in this article shall have the same meaning as set forth in the MAUCRSA ("Medicinal and Adult -Use Cannabis Regulation and Safety Act") and any rules promulgated under it. In addition, the following terms shall be defined as follows: A. "Adult -Use Cannabis" means the use of cannabis for creational purposes as distinguished from cannabis for medicinal purposes. B. "Adult -Use Cannabis Licensee" has the same meaning as that term "A - licensee" as defined by Section 26001(f) of the California Business and Professions Code. C. "Applicant" has the same meaning as that terms is defined by Section 26001(c) of the California Business and Professions Code. D. "Cannabis" has the same meaning as that terms is defined by Section 26001(f) of the California Business and Professions Code. E. "City" means the City of Baldwin Park, California. Urgency Ordinance No. 1403 Paae 3 F. "Chief Executive Officer" shall mean the Chief Executive Officer of the City or a duly authorized designee. G. "Code" means the Baldwin Park Municipal Code. H. "Commercial cannabis activity" has the same meaning as that term is defined by Section 26001(k) of the California Business and Professions Code. I. "Cultivation site" has the same meaning as that term is defined by Section 26001(m) of the California Business and Professions Code. J. "Day-care" means any child day care facility other than a family day care home and includes infant centers, preschools, extended day care facilities, and school- age child care centers. K. "Distribution" has the same meaning as that term is defined by Section 26001(r) of the California Business and Professions Code. L. "Enclosed locked structure" means a structure that(1) does not allow for the visibility of the interior from the outside; (2) is secured with a non-residential lock; (3) is completely surrounded on all sides by a wall (i.e., fully enclosed); and (4) is roofed. Enclosed locked structures may include greenhouses, provided that only the roof of the greenhouse is made of transparent glass. All enclosed locked structures shall comply with the city and state building codes, city and state fire codes, and all other applicable laws. M. "Good cause" for purposes of denying an initial license under this chapter, for revoking a permit, or for denying a permit renewal or reinstatement, means at least one of the following: 1. The applicant has not obtained approval by the city council of a development agreement setting forth the general terms for the operation of a business under this chapter or a licensee breaches the terms of an applicable development agreement. 2. The applicant or licensee has violated any of the terms, conditions, or provisions of this chapter, state law, any regulations promulgated under state law, any applicable local ordinances or rules, or any special terms or conditions placed upon its state license, local license, or permit; 3. The licensed premises has been or is operated in a manner that adversely affects the public health, safety, or welfare of the immediate neighborhood in which the establishment is located; 4. The applicant or licensee has knowingly made false statements, misrepresentations or material omissions on an application form, renewal form, or any other document submitted to the City; Urgency Ordinance No. 1403 Paqe 4 5. The applicant or licensee's criminal history does not indicate that the applicant or licensee is of good moral character; or the applicant or licensee has been convicted of an offense that is substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, except that, if the local licensing authority has issued a local license to the applicant or licensee, the City shall not consider any criminal history of the applicant or licensee that was disclosed to or discovered by the local licensing authority prior to the issuance of the local license and is confirmed by the applicant. For any criminal history that was not disclosed to or discovered by the local licensing authority prior to the issuance of the local license or that arose after the issuance of the local license, the City shall conduct a thorough review of the nature of the crime, conviction, circumstances, and evidence of rehabilitation of the applicant or licensee and shall evaluate the suitability of the applicant or licensee to be issued a permit based on the evidence found through the review. In determining which offenses are substantially related to the qualifications, functions, or duties of the business or profession for which the application is made, the City shall consider the factors as set forth in Section 26057(b)(4) of the California Business and Professions Code; 6. The applicant or licensee is employing or allowing to volunteer any person whose criminal history indicates that person is not of good moral character; 7. The applicant or licensee fails to allow inspection of the security recordings, activity logs, or business records of the licensed premises by city officials; or 8. An applicant or licensee is a licensed physician providing written recommendations to patients for cannabis. N. "Good moral character" means having a personal history that demonstrates the propensity to serve the public in the licensed area in a manner that reflects openness, honesty, fairness, and respect for the rights of others and for the law. In determining good moral character, the following standards apply: 1. A judgment of guilt in a criminal prosecution or a judgment in a civil action shall not be used, in and of itself, as proof of an individual's lack of good moral character. Such judgment may be used as evidence in the determination, and when so used, the individual shall be notified and shall be permitted to rebut the evidence by showing that, at the current time, he or she has the ability to and is likely to serve the public in a fair, honest and open manner, that he or she is rehabilitated, or that the substance of the former offense is not substantially related to the occupation or profession for which he or she seeks to be licensed. 2. Notwithstanding Chapter 2 of Division 1.5 of the California Business and Professions Code, a prior conviction where the sentence, including any term of probation, incarceration, or supervised release is completed for possession of, possession for sale, sale, manufacture, transportation, or cultivation of a controlled substance, is not considered substantially related, and shall not be the sole ground for Urgency Ordinance No. 1403 Paae 5 denial of a local license, except that any of the following convictions shall be deemed substantially related and may be the sole grounds for denying a local license or permit: a. A felony conviction for hiring, employing, or using a minor in transporting, carrying, selling, giving away, preparing for sale, or peddling, any controlled substance; or b. A felony conviction for selling, offering to sell, furnishing, offering to furnish, administering, or giving any controlled substance to a minor; or C. A felony conviction for drug trafficking with enhancements pursuant to Section 11370.4 or 11379.8 of the California Health and Safety Code. d. Conviction for any controlled substance felony subsequent to issuance of a permit shall be grounds for revocation of a permit or denial of the renewal of a permit. O. "Immature cannabis plant" means a cannabis plant, whether male or female, that has not yet flowered and that does not yet have buds that are readily observed by unaided visual examination. This is distinguished from a "mature" plant, which has flowered and has buds. P. "Licensed Premises" means the designated area on a single or immediately adjoining parcel(s), as identified by valid street address and Assessor Parcel Number, specified in an application for a permit under this chapter, which is owned or in the possession of the applicant or licensee and within which the applicant or licensee is applying for authorization to cultivate, manufacture, distribute, test, or is applying for multiple permitted uses, in accordance with the provisions of this chapter, the MAUCRSA, any development agreement approved by city council, and any rules adopted pursuant thereto. Q. "Licensee" means a person who has been issued a commercial cannabis business permit under this chapter for a Licensed Premises. R. "Limited access area" means a building, room, or other area that is part of the licensed premises whose access is limited to certain authorized persons. S. "Manufacture" means to compound, blend, extract, infuse, or otherwise make or prepare a cannabis product. T. "Manufacturer" means a licensee that conducts the production, preparation, propagation, or compounding of cannabis or cannabis products either directly or indirectly or by extraction methods, or independently by means of chemical synthesis, or by a combination of extraction and chemical synthesis at a fixed location that packages or repackages cannabis or cannabis products or labels or relabels its container. Urgency Ordinance No. 1403 Paae 6 U. "Medicinal cannabis" has the same meaning as that term is defined by Section 26001(ai) of the California Business and Professions Code. V. "Medical cannabis business" means any person engaged in commercial cannabis activity. W. "Medicinal and Adult -Use Cannabis Regulation and Safety Act" or "MAUCRSA" means Division 10 of the California Business and Professions Code. "Outdoors" means any location within the City that is not within an enclosed structure. Y. "Owner" means any of the following, pursuant to Section 26001(al) of the California Business and Professions Code: 1. A person with an aggregate ownership interest of 20 percent or more in the person applying for a license or a licensee, unless the interest is solely a security, lien, or encumbrance. 2. The chief executive officer of a nonprofit or other entity. 3. A member of the board of directors of a nonprofit. 4. An individual who will be participating in the direction, control, or management of the person applying for a license. Z. "Person" has the same meaning as that term is defined by Section 26001 (an) of the California Business and Professions Code. AA. "Permit" means a "cannabis permit" that authorizes an entity to conduct commercial cannabis activity under this chapter. BB. "Physician" as used in this chapter, shall mean an individual who possesses a license in good standing to practice medicine or osteopathy from the State of California. CC. "State law" means and include California Health and Safety Code Section 11362.5 (Compassionate Use Act of 1996); California Health and Safety Code Sections 11362.7 to 11362.83 (Medical Marijuana Program Act); the California 'Attorney General's Guidelines for the Security and Non -Diversion of Marijuana Grown for Medical Use issued in August, 2008, as such guidelines may be revised from time to time by action of the Attorney General; MAUCRSA, and all other applicable laws of the state of California. DD, "State license" has the same meaning as that term is defined by Section 26001(y) of the California Business and Professions Code. EE. "State licensing authority" shall mean the Bureau of Cannabis Control within the State Department of Consumer Affairs, the State Department of Public Urgency Ordinance No. 1403 Paqe 7 Health, State Department of Food and Agriculture, or any other State agency responsible for the issuance, renewal, or reinstatement of a State license issued pursuant to Division 10 of the California Business and Professions Code or any state agency authorized to take disciplinary action against such local license. FF. "Written documentation" shall have the meaning set forth iri Section 11362.7(i) of the California Health and Safety Code. GG. "Youth center" means any public or private facility that is primarily used to host social activities for minors, including, but not limited to, social service teenage club facilities, video arcades, or similar amusement park facilities. 127.03: Relationship to Other Laws Except as otherwise specifically provided herein, this chapter incorporates the requirements and procedures set forth in Division 10 (commencing with Section 26000) of the California Business and Professions Code. In the event of a conflict between the provisions of this chapter and state statutes or regulations, State law controls. 127.04: Outdoor Cultivation It is hereby declared to be unlawful, a public nuisance, and a violation of this chapter for any person owning, leasing, occupying, or having charge or possession of any parcel within any zoning district in the City to use or allow such premises to be used for the outdoor cultivation of cannabis plants. 127.05: Permitted Use A. Cannabis businesses shall only be permitted to operate in the city following issuance of a Permit approved by the City Council or staff designee and a business license issued by the City in accordance with the criteria and procedures set forth in Chapter 127 of this code and in compliance with the Baldwin Park Municipal Code. No land -use entitlement, permit (including building permit) approval, site plan, certificate of occupancy, zoning clearance, or other land -use authorization for a medical cannabis business shall be granted or permitted unless it complies with the provisions of this chapter and the applicable building standards and the Baldwin Park Municipal Code. If there is a conflict between the requirements of another chapter in the Code and this chapter, the requirements of this Chapter 127 prevail. B. All persons who are engaged in or who are attempting to engage in commercial cannabis activity in any form shall do so only in strict compliance with the terms, conditions, and restrictions of the MAUCRSA, regulations promulgated under MAUCRSA, the provisions of this Chapter 127, and all other applicable state and local laws. C. The Chief Executive Officer is authorized to make policies and procedures consistent with the intent and spirit of this chapter concerning the applications, the application process, the information required of applicants, the application procedures, Urgency Ordinance No. 1403 Paae 8 and the administration and procedures to be used and followed in the application and process. 127.06: Development Agreement Required Prior to operating in the City and as a condition of issuance of a Permit, the applicant shall enter into a development agreement with the City setting forth the terms and conditions under which the facility will operate that is in addition to the requirements of this chapter, including, but not limited to, public outreach and education, community service, payment of fees and other charges as mutually agreed upon, approval of architectural plans (including site plan, floor plan, and elevation, to conform with manufacturing uses under the Baldwin Park Municipal Code), and such other terms and conditions that will protect and promote the public health, safety, and welfare of all persons in the City. 127.07: Permitted Zones: Distance and Other Conditions for Approval No more than 20 (twenty) Licensed Premises for each permitted use may be allowed, maintained, or operated in the City at any time. If there is a conflict between the requirements of this chapter and any other chapter, the requirements of this chapter shall prevail. A. Manufacturing Site. 1. No manufacturing shall be located within 600 feet of a school, day-care center, or youth center or within 50 feet of a residential zone. 2. Subject to the distance and other requirements of this chapter and the Code, a licensed premises may only be located on a property within the Industrial (1) and Industrial -Commercial (I -C) zones, and following the application for and granting of a development agreement by the city council and a business permit in accordance with this chapter. The proposed use shall comply with the minimum requirements set forth in this chapter for distance separations between manufacturing sites and other specific land uses. 3. All manufacturing of cannabis shall occur in an enclosed structure. 4. Licensed sites shall not exceed the 22,000 square feet authorized pursuant to the controlling development agreement. 5. From a public right-of-way, there should be no exterior evidence of the manufacturing of cannabis or manufactured cannabis except for any signage authorized by this Code. 6. All licensed sites shall comply with the city's lighting standards including, without limitation, fixture type, wattage, illumination levels, and shielding and secure the necessary approvals and permits as needed. Urgency Ordinance No, 1403 Page 9 7. All windows on the licensed premises of the manufacturing site shall be appropriately secured and all cannabis securely stored. 8. A licensed site, all operations conducted therein, and all equipment used must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes. 9. If hazardous materials, flammable gas, flammable liquefied gas, flammable and combustible liquids, or other flammable material, as those terms are defined in CFC Section 202, are to be used in the processing of medical cannabis or adult use, then the provisions of CFC Section 407 shall be applicable where hazardous materials subject to permits under CFC Section 50 (Hazardous Materials) are located on the licensed premises. 10. Storage, use, and handling of compressed gases in compressed gas containers, cylinders, tanks and systems shall comply with CFC Chapter 53. Partially full compressed gas containers, cylinders or tanks containing residual gases shall be considered as full for the purposes of the controls required. Compressed gases classified as hazardous materials shall also comply with CFC Chapter 50 for general requirements and CFC Chapter 53 addressing specific hazards, including CFC Chapter 58 (Flammable Gases), CFC Chapter 60 (Highly Toxic and Toxic Materials), CFC Chapter 63 (Oxidizers, Oxidizing Gases and Oxidizing Cryogenic Fluids) and CFC Chapter 64 (Pyrophoric Materials). A manufacturer shall prevent, control and mitigate dangerous conditions related to storage, use, dispensing, mixing and handling of flammable and combustible liquids shall be in accordance with CFC Chapters 50 and 57. 11. Licensed sites are permitted under this chapter under a Group F-1 (Factory Industrial Moderate -Hazard) Occupancy under the Fire Code. ' All new construction shall be fire sprinkled per the Fire Code. For manufacturing sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: a. A Group F-1 fire area exceeds 12,000 square feet. b. A Group F-1 fire area is located more than three stories above grade plane. C. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet. 12. Suitability of the proposed property. Proposed property possesses air scrubbers or a filtration system capable of eliminating odors from escaping the building or commitment to do so before operating. Urgency Ordinance No. 1403 Paae 10 B. Cultivation Sites. 1. No cultivation site shall be located within 600 feet of a school, day- care center, park, or youth center, or within 50 feet of a residential zone. 2. Subject to the distance and other requirements of this chapter and the Code, a cultivation site may only be located on a property within the Industrial (1) and Industrial -Commercial (I -C) zones, and following the application for and granting of a development agreement by the city council and a business permit in accordance with this chapter. The proposed use will comply with the minimum requirements set forth in this chapter for distance separations between manufacturing sites and other specific land uses. 3. All cultivation of cannabis shall occur in an enclosed locked structure. 4. Cultivation sites shall not exceed the 22,000 square feet authorized pursuant to the permit. 5. From a public right-of-way, there should be no exterior evidence of the cultivation of medical and adult use cannabis except for any signage authorized by this chapter. 6. All cultivation sites shall comply with the city's lighting standards including, without limitation, fixture type, wattage, illumination levels, and shielding and secure the necessary approvals and permits as needed. 7. All windows on the licensed premises of a cultivation site shall be appropriately secured and all cannabis securely stored. 8. Areas where cannabis is cultivated are wet locations, and the electrical system in such areas must comply with Title 8 of this code, Article 300.6(D) of the National Electric Code, City and California building codes, fire codes, electrical codes, and all other applicable laws. 9. Cultivation sites are under a Group F-1 (Factory 'Industrial Moderate -Hazard) Occupancy under the Fire Code. All new construction is required to be fire sprinkled under the Fire Code. For cultivation sites that will be sited in an existing structure, an automatic sprinkler system shall be provided throughout all buildings containing a Group F-1 occupancy where one of the following conditions exists: a. A Group F-1 fire area exceeds 12,000 square feet. b. A Group F-1 fire area is located more than 3 stories above grade plane. C. The combined area of all Group F-1 fire areas on all floors, including any mezzanines, exceeds 22,000 square feet. 10. In addition to a Manufacturing business applicant may apply for another use development agreement approved by City council, pursuant thereto. Urgency Ordinance No. 1403 Paae 11 or Cultivation permit, a cannabis as permitted by MAUCRSA, a this chapter, and any rules adopted 11. Suitability of the proposed property. Proposed property possesses air scrubbers or a filtration system capable of eliminating odors from escaping the building or commitment to do so before operating. C. Distribution of Cannabis. A cannabis distribution Licensee may carry or move cannabis within the city in accordance with MAUCRSA and State regulations. D. Nonconforming Use. Any cannabis business or cannabis dispensary established or operating in the city in violation of this Chapter or the ban established by Part 10, of Chapter 153 Section 153.120.320 of the Baldwin Park Zoning Code, shall not be considered a lawful or permitted nonconforming use, and no cannabis business operating unlawfully is eligible for a cannabis business permit. Further, any such unlawfully established cannabis business shall constitute a public nuisance subject to abatement by the City, pursuant to Chapter 95, Section 95.09. E. Distances. All distances specified in this section shall be measured in the following manner: 1. For schools, day-care centers, parks, or youth centers, the distance shall be measured in a straight line from the subject building to the closest building on the lot on which the cannabis business is to be located without regard to intervening structures. 2. For determining distance to residential zones, the distance shall be measured from the nearest point of the parcel or property in a residential zone to the closest property line on the lot on which the cannabis business is to be located without regard to intervening structures. F. Factors Considered for Permit Approval. Approval of a permit shall take into account the safety of the public, including, but not limited to, the following factors: 1. Suitability of the proposed property; 2. Suitability of security plan; 3. Suitability of business plan and financial record keeping; 4. Criminal history; , 5. Regulatory compliance history; 6. Good legal standing; Urgency Ordinance No. 1403 Paoe 12 7. Community engagement; 8. Environmental impact; and 9. Labor relations. 127.08: No Transfer or Change in Ownership or Location. An owner of a cannabis business who obtains a permit under this chapter may not sell, transfer, pledge, assign, grant an option, or otherwise dispose of his or her ownership interest in the medical cannabis business covered by any permit issued under this chapter. 127.09: Changing, Altering, or Modifying Licensed Premises A. Persons permitted pursuant to the provisions of this chapter or those making application for such permits, must demonstrate proof of lawful possession of the Licensed Premises. Evidence of lawful possession consists of properly executed deeds of trust, leases, or other written documents. B. The Licensed Premises shall only be the geographical area that is specifically and accurately described in executed documents verifying lawful possession. No Licensee is authorized to relocate to other areas or units within a building structure without first filing a change of location application and obtaining approval from the city council, regardless of any possessory interest or right to possession to such additional space. No Licensee shall add additional units or areas, thereby altering the initially approved premises, without filing an application to modify the Licensed Premises on forms prepared by the Chief Executive Officer and paying any applicable processing fees. C. Subletting Not Authorized. No Licensee is authorized to sublet any portion of any Licensed Premises for any purpose, unless all necessary forms and application to modify the existing location to accomplish any subletting have been approved by the city council. D. Application Required to Alter or Modify Licensed Premises. After issuance of a permit, the licensee shall not make any physical change, alteration, or modification of the Licensed Premises that materially or substantially alters the premises, production estimates, or the usage of the premises from the plans originally approved with the development agreement, without the prior written approval of the city council or its designee. The Licensee whose premises are to be materially or substantially changed is responsible for filing an application for approval on current forms provided by the City. E. What Constitutes a Material Change. Material or substantial changes, alterations, or modifications requiring approval include, but are not limited to, the following: Urgency Ordinance No. 1403 Paae 13 1. Any increase or decrease in the total physical size or capacity of the location; 2. The sealing off, creation of, or relocation of a common entryway, doorway, passage, or other such means of public ingress and/or egress, when such common entryway, doorway, or passage alters or changes limited access areas, such as the cultivation within the Licensed Premises; 3. The installation or replacement of electric fixtures or equipment, the lowering of a ceiling, or electrical modifications made for the purpose of increasing power usage to enhance cultivation activities. F. Application. The city council or its designee may grant approval for the types of changes, alterations, or modifications described herein upon the filing of an application by the Licensee and payment of any applicable fee. The Licensee must submit all information requested by the city council or its designee including but not limited to documents that verify the following: 1. The Licensee will continue to have exclusive possession of the premises, as changed, by ownership, lease, or rental agreement, and sole control of all production; and 2. The proposed change conforms to any and all City restrictions related to the time, manner, and place of regulation of the commercial cannabis activity. 127.10: Grounds for Denial of Permit: Additional Conditions Imposed A. The Chief Executive Officer or designee may reject an application upon making any of the following findings: 1. The applicant made one or more false or misleading statements or omissions on the registration application or during the application process; 2. The applicant's business entity, if applicable, is not properly organized in strict compliance pursuant to the applicable law, rules, and regulations; 3. The applicant fails to meet the requirements of this chapter or any regulation adopted pursuant to this chapter; 4. The applicant's facility or its location is in violation of any building, zoning, health, safety, or other provision of this Code, or of any state or local law or the facility or its location is not permitted in the proposed area, or the issuing or continuation of a permit would be contrary to the public health, welfare, safety, or morals; 5. The applicant, or any of its officers, directors, owners, managers, or employees is under twenty-one (21) years of age; Urgency Ordinance No, 1403 Paae 14 6. The applicant, or any of its officers, directors, or owners, or any person who is managing or is otherwise responsible for the activities of the Licensed Premise, or any employee who participates in the dispensing, cultivation, processing, manufacturing, delivery, or transporting of medical marijuana or who participates in the daily operations of the medical and adult use marijuana facility, has been convicted of a violent felony, a felony, or misdemeanor involving fraud, deceit, embezzlement, or moral turpitude; 7. The applicant or any of its officers, directors, owners, or managers is a licensed physician making patient recommendations for cannabis; 8. The applicant or any of its officers, directors, owners, or managers has been sanctioned by the City, the State of California, or any county for unregistered medical cannabis activities or has had a registration revoked under this chapter in the three prior (3) years; 9. The applicant did not pay to the City the required application and processing fees; 10. Good cause exists to deny the application, as defined in this chapter. 11. Applicant's application does not reflect the purpose of this chapter, to promote the health, safety, morals, and general welfare of residents and businesses within the City. 127.11: Security A. General Security Requirements 1. Security cameras shall be installed and maintained in good working condition, and used in an on-going manner with at least 240 continuous hours of digitally recorded documentation in a format approved by the Chief of Police and/or his designee. The cameras shall be in use 24 hours per day, 7 days per week. The areas to be covered by the security cameras include, but are not limited to, the storage areas, manufacturing or cultivation areas, all doors and windows, and any other areas as determined by the Chief of Police and/or his designee. 2. Entrances to any storage areas shall be locked at all times and under the control of Licensee's staff. 3. The business entrance(s) and all window areas shall be illuminated during evening hours. The applicant shall comply with the City's lighting standards regarding fixture type, wattage, illumination levels, shielding, etc., and secure the necessary approvals and permits as needed. 4. All windows on the Licensee's building shall be unopenable or locked and all product securely stored. Urgency Ordinance No, 1403 Paae 15 5. Each Licensee shall implement a system to track the cultivation and manufacturing of cannabis in order to prevent the Licensee from diverting or transporting cannabis to any location not authorized by state laws or any local law. 6. All waste and disposal containers shall be stored in a secure area and be under the control of the Licensee's staff. B. Security Alarm Systems - Minimum Requirements 1. Each Licensed Premises shall have a Security Alarm System, installed by a licensed alarm company, which alerts the alarm monitoring company on all premises entry points and windows. 2. Each Licensed Premises must be continuously monitored by an alarm monitoring company. 3. The Licensed Premises shall maintain up-to-date records and existing contracts on the premises that describe the location and operation of each security alarm system, a schematic of security zones, the name of the licensed alarm company, and the name of any vendor monitoring the premises. 4. Upon request, each Licensee shall make available to the Chief Executive Officer or any state or local law enforcement agency, for a purpose authorized by this chapter or state or local law enforcement purpose, all information related to security alarm systems, recordings, monitoring, and alarm activity. C. Lock Standards -Minimum Requirement. On all doors, the Licensee shall ensure the use of commercial -grade, nonresidential door locks. D. Video Surveillance Requirements: 1. Prior to exercising the privileges of a permit under this chapter, an applicant must install fully operational video surveillance and camera recording system. The recording system must record in digital format and meet the requirements outlined in this Section. 2. All video surveillance records must be stored in a secure area that is only accessible to the management staff of the Licensed Premises. 3. Video surveillance records and all recordings must be made available upon request to the Chief of Police or any other state or local law enforcement agency for a purpose authorized by this chapter or for any other state or local law enforcement purpose. 4. Video surveillance records shall be held in confidence by all employees and representatives of the Chief Executive Officer, except that the Chief of Police or his designee may provide such records and recordings to a state or local law Urgency Ordinance No. 1403 Paae 16 enforcement agency for a purpose authorized by this Chapter or for a state or, local law enforcement purpose. 5. A sign shall be posted in a conspicuous place near each point of public access that shall be not less than 12 inches wide and 12 inches high, composed of letters not less than one inch in height, stating "All Activities Monitored by Video Camera" or "These Premises Are Being Digitally Recorded" or otherwise advising all persons entering the Licensed Premises that a video surveillance and camera recording system is in operation at the Licensed Premises and recording all activity as provided in this Chapter. 6. The Licensed Premises should use video surveillance equipment and a camera system that can be accessed remotely 24 hours a day by the Baldwin Park Police Department and the City, as specified in each development agreement. E. Video Surveillance Equipment 1. Video surveillance equipment shall, at a minimum, consist of digital or video recorders, cameras capable of meeting the recording requirements described in this section, video monitors, digital archiving devices, and a color printer capable of delivering still photos. 2. All video surveillance systems must be equipped with a failure notification system that provides prompt notification to the Licensed Premises of any prolonged surveillance interruption or the complete failure of the surveillance system. 3. Licensed Premises are responsible for ensuring that all surveillance equipment is properly functioning and maintained so that the playback quality is suitable for viewing and the surveillance equipment is capable of capturing the identity of all individuals and activities in the monitored areas. 4. All video surveillance equipment shall have sufficient battery backup to support a minimum of 4 hours of recording in the event of a power outage. F. Placement of Cameras and Required Camera Coverage 1. Camera placement shall be capable of identifying activity occurring within 20 feet of all points of ingress and egress and shall allow for the clear and certain identification of any individual and activities on the Licensed Premises. 2. All entrances and exits to the facility shall be recorded from both indoor and outdoor vantage points. 3. The system shall be capable of recording all pre -determined surveillance areas in any lighting conditions. If the Licensed Premises has a cannabis cultivation area, a rotating schedule of lighted conditions and zero -illumination can occur as long as ingress and egress points to those areas remain constantly illuminated for recording purposes. Urgency Ordinance No. 1403 Paae 17 4. Areas in which cannabis is grown, tested, cured, manufactured, or stored shall have camera placement in the room facing the primary entry door at a height that provides a clear, unobstructed view of activity without sight blockage from lighting hoods, fixtures, or other equipment. 5. Cameras shall also be placed at each location where weighing, packaging, transport, preparation, or tagging activities occur. 6. At least one camera must be dedicated to record the access points to the secured surveillance recording area. G. Location and Maintenance of Surveillance Equipment 1. Surveillance recording equipment must be housed in a designated locked and secured room or other enclosure with access limited to authorized employees, agents of the Chief Executive Officer, state or local law enforcement agencies for a purpose authorized by this chapter or for any other state or local law enforcement purpose, and service personnel or contractors. 2. The Licensee must keep a current list of all authorized employees and service Personnel who have access to the surveillance system and/or room on the Licensed Premises. Licensed Premises must keep a surveillance equipment maintenance activity log on the Licensed Premises to record all service activity, with the identity of the individual(s) performing the service, the service date and time, and the reason for service to the surveillance system. 3. Off-site monitoring and video recording storage of the Licensed Premises or by an independent third -party is authorized as long as standards exercised at the remote location meet or exceed all standards for on-site monitoring. 4. Each Licensed Premises located in a shared building must have a separate surveillance room/area that is dedicated to that specific Licensed Premises. All minimum requirements for equipment and security standards as set forth in the section apply to the review station. H. Video Recording and Retention Requirements 1. All camera views of all recorded areas must be continuously recorded 24 hours a day. 2. All surveillance recordings must be kept for a minimum of 90 days and be in a format that can be easily accessed for viewing on premises. Video recordings must be archived in a format that ensures authentication of the recording as legitimately -captured video and guarantees that no alteration of the recorded image has taken place. 3. The surveillance system or equipment must have the capabilities to produce a color still photograph from any camera image, live or recorded. Urgency Ordinance No. 1403 Paae 18 4. The date and time must be embedded on all surveillance recordings without significantly obscuring the picture. 5. Time is to be measured in Pacific Standard Time in accordance with the U.S. National Institute of Standards and Technology. 6. After the 90 -day surveillance video retention schedule has lapsed, surveillance video recordings must be erased or destroyed prior to being discarded or disposed of for any other purpose. Surveillance video recordings may not be destroyed if the Licensed Premises knows or should have known of a pending criminal, civil, or administrative investigation or any other proceeding for which the recording may contain relevant information. I. Other Records All records applicable to the surveillance system and cannabis tracking system shall be maintained on the Licensed Premises. At a minimum, Licensed Premises shall maintain a map of the camera locations, direction of coverage, camera numbers, surveillance equipment maintenance activity log, user authorization list, and operating instructions for the surveillance equipment. J. Suitability of Security Plan The Applicant's security plan includes the presence of security personnel on premises or patrolling the premises twenty-four (24) hours per day. 127.12: Fees and Charges. A. Prior to operating in the City, the operator of each Licensed Premises shall timely and fully pay all fees associated with the establishment of that business. The fees shall be as set forth in the schedule of fees and charges established by resolution of the city council, including, but not limited to, the following: 1. Application fee for accepting a registration application, due and payable in full at the time an application is submitted; 2. Processing fee for the cost to the city of processing an application and reviewing, investigating, and scoring each application in accordance with any evaluation system to determine eligibility for issuance of a Permit, due and payable in full at the time a registration application is submitted; 3. Permit issuance fee for the cost to the City of preparing a development agreement, city council review and approval of the development agreement and the Permit, and preparation and issuance of the Permit as authorized by the city council, due and payable in full at the time the city issues a Permit; 4. Amended registration fee for the cost to the city of reviewing amendments or changes to the registration form previously filed on behalf of the Urgency Ordinance No. 1403 Paae 19 Licensed Premises; due and payable in full at the time amendments or changes to any Permit form is submitted to the city; 5. Permit renewal fee for the cost to the city of processing an application to renew a Permit; due and payable in full at the time application is made to renew a Permit; 6. Any fees for inspection or investigation that are not included within the other fees associated with registration, due and payable in full upon request of the city; and 7. Any fees set forth in the applicable development agreement. 127.13: Limitations on City's liability A. To the fullest extent permitted by law, the City does not assume any liability whatsoever, with respect to approving any permit pursuant to this chapter or the operation of any cannabis facility approved under to this chapter. B. As a condition of approval of a permit as provided in this chapter, the applicant or its legal representative shall do the following: 1. Execute an agreement indemnifying the City from any claims, damages, injuries, or liabilities of any kind associated with the registration or operation of the cannabis facility or the prosecution of the cannabis facility or its owners, managers, directors, officers, employees, or its qualified patients or primary caregivers or customers for violation of federal or state laws; 2. Maintain insurance in the amounts and of the types that are acceptable to the City Council or designee; 3. Name the City as an additional insured on all City -required insurance policies; 4. Agree to defend, at its sole expense, any action against the City, its agents, officers, and employees related to the approval of the Licensee's regulatory permit; and 5. Agree to reimburse the City for any court costs and attorney fees that the city may be required to pay as a result of any legal challenge related to the city's approval of the Licensee's regulatory permit. The City may, at its sole discretion, participate at its own expense in the defense of any such action, but such participation shall not relieve the operator of its obligation hereunder. 127.14. Inspections A. The Chief Executive Officer, law enforcement, or their designees shall have the right to enter all Licensed Premises from time to time unannounced during the Urgency Ordinance No. 1403 Paae 20 facility's hours of operation for the purpose of making reasonable inspections to observe and enforce compliance with this chapter, to inspect and copy records required to be maintained under this chapter, or to inspect, view, and copy recordings made by security cameras, all without requirement for a search warrant, subpoena, or court order, and subject to appropriate fees as specified in the development agreement. B. Operation of a Licensed Premises in noncompliance with any conditions of approval or the provisions of this chapter shall constitute a violation of the Code and shall be enforced pursuant to the provisions of this Code. C. The Chief Executive Officer or designee may summarily suspend or revoke a Permit, or disqualify an applicant from the registration process, or elect not to renew a regulatory permit if any of the following, singularly or in combination, occurs: 1. The Chief Executive Officer or designee determines that the cannabis facility has failed to comply with any requirement of this chapter or the approved development agreement or any condition of approval or a circumstance or a situation has been created that would have permitted the Chief Executive Officer or designee to deny the regulatory permit under this chapter or elect not to renew or revoke the permit under this chapter; 2. The Licensee or applicant has conducted itself or is being conducted in a manner that creates or results in a public nuisance; 3. The Licensee Premises ceased operations for more than 90 calendar days, including during change -of -ownership proceedings; 4. Ownership is changed without the new owners applying for and securing a new permit under this chapter; 5. The Licensee relocates to a different location or premises; or 6. The Licensee fails to allow inspection or copying of the security recordings or, the activity logs or records required to be kept under this chapter or denies entry to the premises to city officials authorized to inspect the premises. D. Abatement The City shall initiate abatement proceedings as authorized by the Code if necessary to correct any violation of this chapter or Code. E. Violation Deemed Misdemeanor: Penalty Any person violating any of the provisions of this chapter or any applicable rule in this chapter or Code shall be guilty of a misdemeanor, and upon conviction thereof shall be punishable by the maximum penalties provided for in the Penal Code section 19. Urgency Ordinance No. 1403 Paqe 21 1'27.15: Public Nuisance Prohibited It is hereby declared to be unlawful and a public nuisance for any person owning, leasing, occupying, or having charge of any parcel within the City to create a public nuisance in the course of cultivating cannabis or any part thereof in any location, indoor or outdoor. A public nuisance may be deemed to exist if such activity produces one or more of the following: A. Odors which are disturbing to people of reasonable sensitivity or present on adjacent or nearby property or areas open to the public. B. Repeated responses to the Premises by law enforcement personnel. C. A repeated disruption to the free passage of persons or vehicles in the neighborhood, excessive noise which is disturbing to people of normal sensitivity on adjacent or nearby property or areas open to the public. D. Any other impacts on the neighborhood that are disruptive of normal activity in the area including, but not limited to, grow lighting visible outside the dwelling, excessive vehicular traffic or parking occurring at or near dwelling, and excessive noise emanating from the dwelling. E. Outdoor growing and cultivation of cannabis. 1,27.16: Appeals Any decision regarding or pertaining to the permit process set forth in this chapter, or any action taken by the Chief Executive Officer or designee pursuant hereto, may be appealed to the city council. Such appeal shall be taken by filing with the city clerk, within ten (10) days after notice of the action or decision complained of has been issued, a written statement setting forth the grounds for the appeal. The city clerk shall transmit the written statement to the city council, and at its next regular meeting, the council shall set a time and place for a hearing on the appeal. Notice of the time and place of such hearing shall be mailed to the appellant. The decision of the city council on such appeal shall be final and binding on all parties concerned. 127.17: Statewide Regulation. This chapter, and the provisions herein, shall be read consistent with any statewide regulation of cannabis now and in the future, This ordinance shall govern the conduct of a business allowed to operate a commercial cannabis activity in the City. 127.18: Interpretation. The provisions of this chapter shall be read to be consistent with State laws, this chapter, and this Code, At no time shall a commercial cannabis business in compliance with state law and this Code be deemed to be an unlawful business. Urgency Ordinance No. 1403 Paae 22 127.19: Severability. Should any provision of this chapter, or its application to any person or circumstance, be determined by a court of competent jurisdiction to be unlawful, unenforceable or otherwise void, that determination shall have no effect on any other provision of this chapter or the application of this chapter to any other person or circumstance, and the provisions of this chapter are severable. SECTION 3. Except as expressly modified pursuant to this Ordinance, all other provisions of the Municipal Code, except where expressly modified by ordinance, shall remain unmodified and in full force and effect. All ordinances in conflict with the provisions hereof are superseded to the extent of such conflict. SECTION 4. If any section, subsection, sentence, clause, phrase or word 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 and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion or the ordinance would be subsequently declared invalid or unconstitutional. SECTION 5. Pursuant to California Government Code Section 36937 an ordinance may be adopted without the need to bring it back for a second reading. By adopting the ordinance as an urgency ordinance, the proposed amendments to the ordinance will go into effect immediately upon adoption. The City must make a finding that the urgency ordinance is necessary for the immediate preservation of the public peace, health or safety and must pass the urgency ordinance by at least 4/5t" vote. The factual basis for approving this amended ;zoning code is that the State of California has set a deadline for the end of 2017 for Commercial Cannabis local issuance of Permits for the Manufacturing, Cultivation, and Distribution of Commercial Cannabis. Based on this factual background adopting this urgency ordinance is necessary for the immediate preservation of the public peace„ health and safety in that the residents of Baldwin Park requires this minor amendment to the Ordinance. SECTION 6. This Ordinance shall be effective immediately upon adoption. PASSED AND APPROVED ON THE day of __ _., 20 MANUEL LOZANO, MAYOR STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) ss: CITY OF BALDWIN PARK ) I, Alejandra Avila, City Clerk, of the City of foregoing Ordinance No. 1403 was adopted of the City Council held _w........... AYES: COUNCILMEMBER: NOES: COUNCILMEMBER: ABSENT: COUNCILMEMBER: ABSTAIN: COUNCILMEMBER: Urgency Ordinance No. 1403 Page 23 Baldwin Park, do hereby certify that the as an urgency matter at a regular meeting , 20 , by the following vote: ALEJANDRA AVILA, CITY CLERK ITEM NO. %f�11�1rJ 1 f ` gi� gquuu Sr A"F REO:" TO: Honorable Mayor and City Councilmembers , THF FROM: Robert N. Tafoya, City Attorney SAN GABRIEL * DATE: December 13, 2017 VA L LEY SUBJECT: A REQUEST FOR THE CONSIDERATION OF APPROVAL OF DEVELOPMENT AGREEMENTS FOR COMMERCIAL USE OF CANNABIS (MANUFACTURING, CULTIVATION, AND DISTRIBUTION)_..._...... SUMMARY This report seeks City Council consideration of the approval of Development Agreements with twenty Applicants for Commercial Cannabis Manufacturing, Cultivation and Distribution. FISCAL IMPACT The expected revenue to the City is dependent on the number of permits issued and the development fees that are negotiated but it could be as much as several million dollars per year after agreements get put in place and the business prove successful. RECOMMENDA'l:'ION Staff recommends that, after consideration of the proposed Development Agreements, that the City Council approve up to twenty Development Agreements for Commercial Cannabis Manufacturing, Cultivation, and Distribution. BACKGROUND/DISCUSSION 'jLIPY)RNIA ENVIR0NA,1EN7jL f)U,41,17111 A ("7' (,°G 1 In accordance with the provisions of the California Environment Quality Act (CEQA), CEQA is not applicable to the approval of Development Agreements pursuant to Section 15061.13.3 as the Development Agreements will not have the potential for causing a significant impact upon the environment. Since there is no possibility that the activity in question may have a significant effect on the environment, the activity is not subject to CEQA. PUBLIC OUTREACH TO THE COMMUNITY As part of the process, the City held several community meetings to receive input on the proposed changes to the Municipal Code. �_._ .................... ATE „..... ..,,... MEETING �....� �...............�_.... MEETING LOCATION ---- .... APPROXIMATE # OF TIME_ ATTENDEES June 19,2017 a Baldwimn......P.a�r�k.rm�Senior Center ................e� �,.�___ June 19, 2017 �.e.,11 7 m Baldwin Park Senior Center �.mm............................_.._.....�...�......�4_6m 2. --...—.,� June 26, 2017 7 pm Baldwin Park Performing Arts Center ���.. m .mm 27 July ,_ 17 Jul 10 20 m m 7 p� — �.. Arts & Recreation Center Baldwin Park.. ��. 14 �.....�. �......... . . Jul 17, 2017 — Y'.._... Mey 7 m _..� Baldwin Park Arts & Recreation �....._.� _... Center 8 Cannabis Permit Development Agreements December 6, 2017 11aae 2 Each community meeting was advertised by the City. It is important to note that there was no significant opposition from any community members or residents at any of these informational meetings. At each of the community meetings, a variety of staff and individuals in the cannabis community presented including the following: - w_ . _ ..�...... ,...._.. PRESENTER TOPIC Shannon Yauchz ee, he community, Economic Development m y Chief Executive Officer Benefit to ..m. Mike Taylor, Interim Police Chief _ Police Department perspective, proposed security measures Amy Harbin, City Planner Planning process, proposed conditions of approval, additional public hearinss, proposed zoning/locations Robert Tafo. City Attorney Legal background of issue Overview on commercial cannabis businesses, m._ ......... - — operations, Various Industry leaders and experts on Cannabis cultivation, manufacturing and distribution Legal History of Cannabis 1 EGA HISTORY l FC -"2=1,1N BIS' In 1996, the voters of the state of California approved Proposition 215 (codified as Health and Safety Code Section 11362.5 and entitled "The Compassionate Use Act of 1996"). The intent of the Compassionate Use Act ("CUA") was to enable persons in need of marijuana for medical purposes to obtain and use marijuana without the threat of criminal prosecution under limited and specific circumstances. Under the CUA, "qualified caregivers" are exempted from being prosecuted under Health and Safety Code Section 11357 (possession, of marijuana) and 11358 (cultivation of marijuana) for specified amounts. On January 1, 2004, the California State Legislature enacted Senate Bill 420 (the "Medical Marijuana Program Act" or "MMPA") to clarify the scope of the CUA to allow cities and other governing bodies to adopt and to enforce rules, regulations, and laws consistent with Senate Bill 420. The California Supreme Court has made it clear that neither the CUA or MMPA expressly or impliedly preempts the authority of cities or counties, under their traditional land use nor police powers,- to allow, restrict, limit or entirely exclude marijuana cultivation or distribution within their jurisdictions. The MMPA allows cities and counties to adopt local ordinances that regulate the location, operation or establishment of medical marijuana collectives and to enforce such ordinances. The safe distribution of marijuana, as contemplated by the CUA and the safe the safe distribution of marijuana edibles should include consideration of the safety of all residents and businesses, not just the users of marijuana or the consumer of marijuana edibles. The proposed ordinance is designed to address safety and professional management in the operation of any proposed cannabis business. On October 9, 2015, the Governor signcd three pieces of state legislation which comprise the "Medicai, Marijuana Regulation and Sal` ty Act"' ("NIMRSN"): Assembly Bill (AB) 266, Assembly Bill (AB) 243, and Senate Bill (SB) 643. 1. AB 266 Establishes a dual licensing structure requiring a state license and a local license or land use permit. The Department of Consumer Affairs will coordinate the overall regulatory structure establishing minimum health and safety and testing standards. Cannabis Permit Development Agreements December 6, 2017 Page 3 2. AB 243 establishes a regulatory and licensing structure for cultivation sites under the Department of Food and Agriculture. 3. SB 643 establishes criteria for licensing of medical marijuana businesses, regulates physicians, and recognizes local authority to levy taxes and fees. Generally and altogether, the MMSRA governs the licensing and control of all medical marijuana business it the state and approves criminal immunity for licensees. The legislation protects local control in several ways: it requires dual licensing; local governments may enforce state law in addition to local ordinance (upon request by the local jurisdiction); and civil and criminal penalties are available for unlicensed activity. 1'ROP0,5170N 64 A Ni. nS.1141 RA117''1 In November 2016, California voters passed Proposition 64, hereafter referred to as the "Control, Regulate & Tax Adult Use of Marijuana Act" ("AUMA"'), allowing the use and cultivation of recreational marijuana in certain circumstances. On November 8, 2016, the AUMA was approved by California voters with the passage of Proposition 64. The AUMA legalizes for persons 21 years or older the right to: (1) smoke or ingest marijuana or marijuana products; (2) possess, process, transport, purchase, obtain, give away without compensation to persons 21 years or older, 28.5 grams of marijuana or 8 grams of concentrated marijuana; and (3) possess, plant, cultivate; harvest, dry, or process up to six (6) living marijuana plants per legal dwelling unit for personal use. The AUMA permits local jurisdictions to reasonably regulate, but not ban, indoor cultivation of up to six living marijuana plants within a private residence for personal use. Private residences include a house, apartment unit, mobile home, or similar dwelling unit. Permitted cultivation activities are not limited to the residence, but may also be in a greenhouse on the same property, provided it is fully enclosed, secure, and not visible from a pub110 space. Smoking remains illegal while driving a vehicle, anywhere where smoking tobacco is illegal, and in all public spaces. Businesses may sell cannabis for recreational use by acquiring a state and local license. However, under the existing zoning and regulatory Ordinances, y~f. The measure creates two new taxes, one on cultivation and the other on retail price. Revenues from these taxes will be used on research, treatment, enforcement, health and safety grants addressing marijuana, youth programs, and preventing environmental damage caused by illegal cannabis production. The tax is $9.25 per ounce for flowers and $2.75 per ounce for leaves, with the exception of some medical marijuana sales and cultivation. The second is a 15 percent tax on the retail price of marijuana. Taxes will be adjusted for inflation starting in 2020. The United States Justice Department, in 2013, proclaimed it would not target lawful marijuana businesses or cannabis use in states that legalized marijuana use and also enacted and enforced "robust" regulations permitting marijuana industries. Local jurisdictions are permitted to regulate and ban outdoor cultivation, until such time as the United States Attorney General determines that the use of non-medical marijuana is lawful in California under Federal law. Cannabis Permit Development Agreements December 6, 2017 Page 4 Additionally, the AUMA creates a California regulatory and licensing system governing the commercial cultivation, testing, distribution, transportation, manufacturing, and sale of non-medical marijuana and non- medical marijuana products. No firm timeframe has been established for this licensing system, however, January 1, 2018, has been indicated as the date by which the State will begin to issue licenses. Additionally, under the AVMA, the State will have a comprehensive regulatory system for commercial activities (versus personal) related to non-medical marijuana. The State-run Bureau of Marijuana Control, currently known as the Bureau of Medical Cannabis Regulation, will have primary oversight for enforcing the AVMA. A State marijuana license will be valid for one year. A separate State license will be required for each commercial marijuana business location. With the exception of testing facilities, any person or entity licensed under AUMA may apply for and be issued more than one type of State license. On April 28, 2017, the State released draft regulations for businesses to track medical marijuana and medical marijuana products from seed to sale, for how medical marijuana can be transported, and required security measures for medical marijuana dispensaries. The comment period is a minimum of 45 days and staff anticipates it will take some time before the regulations are finalized. Additionally, the Bureau of Medical Cannabis Regulation is in the process of developing the State's first Cannabis Advisory Committee, which will help to finalize regulations for medical and non-medical marijuana. As of May 2017, there were 56 pending State laws regarding marijuana. E'DICALAND ADULT-U.u' °C J mk�BISRl�(;(.JIIITIONAND,"'IT'E7')'A '7 Recently, the Governor signed a new bill, SB 94, entitled the "Medical and Adult -Use Cannabis Regulation and Safety Act" ("MAUCRSA"), which took effect immediately. MAUCRSA melds the State's medical -only regulations passed by the legislature (a.k.a. MCRSA) with the adult -use rules approved by the voters under Prop. 64. For the most part, MAUCRSA follows the more flexible, industry -friendly rules of AVMA, such as allowing applicants to get licenses in different phases of the industry—cultivation, manufacture, distribution and retailing — rather than restrict so-called "vertical integration" by allowing just a single kind of license, as under MCRSA. It also eliminates MCRSA's independent distributor requirement, authorizes the issuance of temporary special -event licenses, and drops the California residency requirement for license applicants. Under MAUCRSA, applicants have the choice of applying for a medical "Type M" or adult -use "Type A" license in any category (cultivating, manufacture, etc.). It requires medical and adult -use businesses to operate separately, however a provision to allow co -location of adult and medical use facilities has been incorporated in a separate regulatory clean-up bill. AB 64 would: (1) allow medical and adult -use licenses to operate on the same premises; (2) amend California's Model State Trademark Law to allow trademarks for cannabis products', and (3) allow existing medical collectives, which must still operate as not -for -profits under SB 420 pending state regulation, to operate on a for-profit basis immediately. Currently, California Business & Professions Code §26000, et seq., provides the State's comprehensive system to control and regulate the cultivation, distribution, manufacturing, processing, and sale of medical marijuana and adult use marijuana for persons 21 years old and over. C !l �''�_F1���"��.<�,111"�'.(m�/r �"✓111J�V"�1,C31 In addition to adding Medical and Adult Use Cannabis to Industrial and Industrial Commercial zones with a Permit and Development Agreement, the City added Chapter 127 of Title XI of the Municipal Code. The Cannabis Permit Development Agreements December 6, 2017 Paee 5 ordinance contains many safeguards to assure that the City and its citizens are protected and that any marijuana licensees conduct their businesses safely. Among the safeguards are: a) No manufacturing or cultivation site will be located with six hundred (600) feet of a school, daycare center, or youth center. No manufacturing or cultivation site will be within fifty (50) feet of a residential zone;- b) one; b) All manufacturing and cultivation sites will be limited to certain city Industrial (I) and Industrial Commercial (IC) zones; c) All manufacturing and cultivation will occur in enclosed, locked structures; d) All manufacturing and cultivation sites, and operations therein, and all equipment used, must be in compliance with all applicable state and local laws, including all building, electrical, and fire codes; e) The use and storage of hazardous materials, including flammable gas, flammable liquefied gas, and combustible materials, must comply with all the Fire Code standards; f) All manufacture and cultivation sites are required to be fire sprinkled under the Fire Code standards; g) From a public right-of-way, there should be no exterior evidence of the manufacture or cultivation, of cannabis, except for any authorized signage; h) All transportation of cannabis must comply with state law; i) High standards for granting permits, with many grounds for denial of a permit; j) Requirements for security cameras to be installed and maintained on sites; k) Alarm system requirements for sites; 1) Requirements that licensees implement a system to track the cultivation and manufacturing of cannabis, in order to prevent the licensee from diverting or transporting cannabis to any location not authorized by state law; m) Video surveillance requirements; n) All applicants must execute an agreement indemnifying the City from any claims, damages, injuries, or liabilities of any kinds associated with operation of the marijuana facilities; o) Requirements that the facilities maintain insurance, in amounts and types acceptable to the City, including naming the City as an additional insured; p) Requiring inspections by the Chief Executive Officer or his designee, law enforcement or their designees, of the facilities; q) Control and regulation of noxious odors; and Cannabis Permit Development Agreements December 6, 2017 Page 6 r) Provide the City-wide powers to summarily suspend or revoke permits, or disqualify an applicant from the registration process. 1'111E Iia° 0I,' T11E E&S'E' (Y It is important that the City begin the processes related to permitting businesses to manufacture and cultivate cannabis within its jurisdiction as soon as possible. The City has adopted an aggressive schedule to get the ordinance effective because any cannabis businesses with a local permit and in operation by January 1,. 2018 will receive preferential treatment by the State when the State begins issuing licenses on January 1, 2018. If a cannabis business does not have a local permit and be in operation by January 1, 2017, that business will go to the back of the line for State permits and could wait 12-24 months after January 1, 2018 before getting a State permit to operate. Therefore, it is critical to have the systems in place for selecting permittees and for issuing permits by mid-September in order to allow our applicants to get "up and running" by January 1, 2018. It is believed that the applicants will need several months to build their facility, install cameras and ventilation systems and perform all the necessary tasks to allow the business to be "in operation." REVENUE TO CITY The expected revenue to the City is dependent on the number of permits issued and the development fees that are negotiated but it could be as much as several million dollars per year after agreements get put in place and the business prove successful. The Application Process included the Planning Department's review of applications for completeness, a City. St¢bcoinniittee review of the Applications, and finally ricgotiations for Developtnent Agreements wi(h the Al�)plicants for Marnifacturing, Ctiltivation, and/or DistribLitiotl of Cotnmercial Cannabis. Al.ter !the Subcommittee's review, the Applicants negotiated with the City Attorney's Office for terms of the Development Agreement. A form Development Agreement is attached for public review. The City Council reviewed the proposed terms of the Development Agreement; however, will not make any decision until the Agreements are made public at this duly noticed public meeting. Consistent and pursuant to Chapter 127 of the Baldwin Park Municipal Code Development Agreements must be approved by the City Council prior to issuance of permits for commercial use of Cannabis for Manufacturing, Cultivation and/or Distribution. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES Council may choose to set another meeting to consider the proposed Development Agreement; however the deadline for approval is prior to January 1, 2018. ATTAR 1I ENTS 1. Form Development Agreement DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND ARTICLE 1. PARTIES AND DATE. This Development Agreement ("Agreement") is dated _ _ , 20 for references purposes only and is entered into between (i) the City of Baldwin Park ("City"), a California municipal corporation, and (ii) , a California ("Owner"). This Agreement shall become effective on the Effective Date defined in Section 3.1.11 below. ARTICLE 2. RECITALS. 2.1 WHEREAS, the City is authorized to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; and 2.2 WHEREAS, Owner commenced its efforts to obtain approvals and clearances to cultivate, manufacture, and distribute medical and adult use cannabis in September 2017; and at that time the City determined that the uses authorized in this Agreement were lawfully permitted and authorized to occur on Owner's Property, subject to Owner's acquisition of various entitlements, as discussed herein; and 2.3 WHEREAS, Owner voluntarily enters into this Agreement and after extensive negotiations and proceedings have been taken in accordance with the rules and regulations of the City, Owner has elected to execute this Agreement as it provides Owner with important economic and development benefits; and 2.4 WHEREAS, this Agreement and the Project are consistent with the City's General Plan and Zoning Code and applicable provisions of the City's applicable Zoning Map as of the Agreement Date; and 2.5 WHEREAS, all actions taken and approvals given by the City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and 2.6 WHEREAS, this Agreement will eliminate uncertainty in planning and provide for the orderly development of the Property, ensure progressive installation of necessary improvements, and provide for public services appropriate to the development of the Project; and 2.7 WHEREAS, in implementation of the promulgated state policy to promote private participation in comprehensive planning and to strengthen the public planning process and to reduce the economic risk of development, the City deems the implementation of this Agreement to be in the public interest and intends that the adoption of this Agreement be considered an exercise of the City's police powers to regulate the development of the Property during the Term of this Agreement; and 2.8 WHEREAS, this Agreement is consistent with the public health, safety and welfare needs of the residents of the City and the surrounding region and the City has specifically considered and approved the impact and benefits of the development of the Property in accordance with this Agreement upon the welfare of the region; and 2.9 WHEREAS, Owner intends to develop a Cannabis Cultivation Facility pursuant to the Baldwin Park Municipal Code ("BPMC") Chapter 127 and all applicable state laws, rules, and regulations; and 2.10 WHEREAS, concurrently with execution of this Agreement, City acknowledges that Owner has been authorized to cultivate, manufacture, and distribute cannabis and cannabis related products at its facility or facilities up to 22,000 square feet. ARTICLE 3. GENERAL TERMS. 3.1 Definitions and Exhibits. The following terms when used in this Agreement shall be defined as follows: corporation. 3.1.1 "Agreement" means this Development Agreement. 3.1.2 "City" means the City of Baldwin Park, a California municipal 3.1.3 "Days" mean calendar days unless otherwise specified. 3.1.4 "Dedicate" means to offer the subject land for dedication and to post sufficient bonds or other security if necessary for the improvements to be constructed including, but not limited to: grading, the construction of infrastructure and public facilities related to the Project whether located within or outside the Property, the construction of buildings and structures, and the installation of landscaping. 3.1.5 "Development" includes grading, construction or installation of public and private facilities and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the Term of this Agreement on the Property. 3.1.6 "Development Approvals" means all permits, licenses, and/or other entitlements for the Development ,of the Property, including any and all conditions of approval, subject to approval or issuance by the City in connection with Development of the Property. 3.1.7 "Development Approvals" specifically include this Agreement. "Development Approvals" also include both the Existing Development Approvals and the Subsequent Development Approvals approved or issued by the City that are consistent with this Agreement. -2- 3.1.8 "Development Plan" means the Existing Development Approvals and the Existing Land Use Regulations applicable to development of the Property for the Project, as modified and supplemented by Subsequent Development Approvals. 3.1.9. "BPMC" means the City of Baldwin Park Municipal Code. 3.1.10 "Effective Date" means the day this Development Agreement is approved and adopted by the Baldwin Park City Council. 3.1.11 "Existing Development Approvals" means all Development Approvals approved or issued prior to or on the Effective Date. Existing Development Approvals include the approvals set forth in Section 3.1.6 and all other approvals which are a matter of public record prior to or on the Effective Date. 3.1.12 "Existing Land Use Regulations" means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. 3.1.13 "Land Use Regulations" means all ordinances, resolutions and codes adopted by the City governing the development and use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. "Land Use Regulations" do not include any City or City -agency ordinance, resolution or code governing any of the following: (i) The conduct, licensing or taxation of businesses, professions, and occupations; residents of the City; (ii) Taxes and assessments of general application upon all (iii) The control and abatement of nuisances; (iv) The granting of encroachment permits and the conveyance of rights and interests that provide for the use of or the entry upon public property; and (v) The exercise of the power of eminent domain. 3.1.14 "Mortgagee" means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors -in interest. 3.1.15 Owner means " a CA, and its permitted successors in interest to all or any part of the Property. I" 3.1.16 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other similar permits and its, and inspection fees, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the City. 3.1.17 "Project" means the Development of the Property contemplated by the Development Plan, as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this Agreement. The Project shall consist of this Agreement, the Development Plans, any and all entitlements licenses, and permits related to the Project, any and all licenses. 3.1.18 "Property" means the real property described on Exhibit A and shown on Exhibit B, both attached hereto and incorporated herein by this reference. Owner may modify the location or locations of the Property subject to City approval and all applicable zoning and distance requirements. 3.1.20.1 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objectives of the Agreement. 3.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to Owner under this Agreement and reserved to the City as described in Section 4.4. 3.1.20 "Space" shall mean any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering and harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any products, supplies or equipment related to any such activities, no matter where such storage may take place or such storage space may be located. 3.1.21 "Subsequent Development Approvals" means all future discretionary approvals and all ministerial Development Approvals required subsequent to the Effective Date in connection with development of the Property, including without limitation, subdivision improvement agreements that require the provision of bonds or other securities. Subsequent Development Approvals include, without limitation, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as Owner may choose consistent with the Development Plan and this Agreement. E 3.1.22 "Subsequent Land Use Regulations" means any Land Use Regulations defined in Section 4.4 that are adopted and effective after the Effective Date of this Agreement. 3.2 Exhibits. The following documents are attached to and, by this reference, made part of this Agreement: Exhibit A — Legal Description of the Property. Exhibit B — Map showing Property and its location. - 3.3 Binding Effect of Agreement. The Property is hereby made subject to this Agreement. Subject to Owner's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this Agreement, be carried out only in accordance with the terms of this Agreement and the Development Plan. In the event of conflict or uncertainty between this Agreement and the Development Plan, the provisions of this Agreement shall control. 3.4 Ownership of Property. Owner represents and covenants that it has a legal or equitable interest in the Property, which has an Assessor's Parcel Number of and is more particularly described in Exhibit A attached hereto and incorporated herein. 3.5 Term. The parties agree that the Term of this Agreement shall be fifteen (15) years commencing on the Effective Date subject to the extension and early termination provisions described in this Agreement, with the Term subject to possible tolling pursuant to Section 11.10 of this Agreement. Upon termination of this Agreement, this Agreement shall be deemed terminated and of no further force and effect without the need of further documentation from the parties hereto. The Agreement's Mitigation Fee is subject to renegotiation after every five years. 3.5.1 Term Extension. This Agreement may be extended by mutual agreement of City and Owner in writing and signed by Owner and the Mayor of Baldwin Park: 3.6 Automatic Termination. This Agreement shall automatically terminate upon the occurrence of any of the following events: (i) Expiration of the Term of this Agreement as set forth in Section 3.5; (ii) The entry of a final judgment (or a decision on any appeal therefrom) voiding the City's General Plan or any element thereof, which judgment or decision would preclude development of the Project, but only if the City is unable to cure such defect in the General Plan or element within one hundred and eighty (180) days from the later of entry of final judgment or decision on appeal. n5.e 3.6.1 Effect of Termination. Termination of this Agreement shall constitute termination of all land use entitlements approved for the Property. Upon the termination of this Agreement, no party shall have any further right or obligation hereunder except with respect to any obligation to have been performed prior to such termination, or with respect to any default in the performance of the provisions of this Agreement which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this Agreement. 3.7 Notices. 3.7.1 Notice Defined. As used in this Agreement, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 3.7.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (i) when delivered in person to the recipient named below; or (ii) three days after deposit in the United States mail, postage prepaid, addressed to the recipient named below; or (iii) on the date of delivery shown in the records of the delivery company after delivery to the recipient named below; or (iv) on the date of delivery by facsimile transmission to the recipient named below if a hard copy of the notice is deposited in the United States mail, postage prepaid, addressed to the recipient named below. All notices shall be addressed as follows: If to the City: Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 If to Owner: 3.7.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.8 Validity of this Agreement. Owner and the City each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this Agreement. The parties acknowledge 0 and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this Agreement violates federal or state law, with respect to all federal, state and local statutes, ordinances or regulations in effect as of the Effective Date. ARTICLE 4. DEVELOPMENT OF THE PROPERTY. 4.1 Right to Develop. Owner shall, subject to the terms of this Agreement, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Development Plan. The Property shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan. 4.2 Effect of Agreement on Land Use Regulations. Except as otherwise provided by this Agreement, the rules, regulations and official policies and conditions of approval governing permitted uses of the Property, the density and intensity of use of the Property, the maximum height and size of proposed buildings, and the design, improvement, occupancy and construction standards and specifications applicable to development of the Property shall be the Development Plan. Provided, however, that in approving tentative subdivision maps, the City may impose ordinary and necessary dedications for rights-of-way or easements for public access, utilities, water, sewers and drainage, having a nexus with the particular subdivision; provided, further, that the City may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of Owner's obligations thereunder. 4.3 Changes to Project. The parties acknowledge that changes to the Project or Development Approvals may be appropriate and mutually desirable. The City shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as otherwise provided by this Agreement. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Development Approval. 4.4 Reservations of Authority. Any other provision of this Agreement to the contrary notwithstanding, the Development of the Property shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics: (i) Processing Fees imposed by the City to cover the estimated or actual costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City's lawful expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlement are granted or conducted by the City. W (ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the City. (iv) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided in this Agreement; (b) That such regulations apply uniformly to all new development projects of the same uses within the City; and (v) Regulations that do not conflict with the Development Plan. The term "do not conflict" means new rules, regulations, and policies which: (a) do not modify the Development Plan, including, without limitation, the permitted land uses, the density or intensity of use, the phasing or timing of Development of the Project, the maximum height and size of proposed buildings on the Property, provisions for Dedication of land for public purposes and Development Exactions, except as expressly permitted elsewhere in this Agreement, and standards for design, development and construction of the Project; (b) do not prevent Owner from obtaining any Subsequent Development Approvals, including, without limitation, all necessary approvals, permits, certificates, and the like, at such dates and under such circumstances as Owner would otherwise be entitled by the Development Plan; or (c) do not prevent Owner from commencing, prosecuting, and finishing grading of the land, constructing public and private improvements, and occupying the Property, or any portion thereof, all at such dates and schedules as Owner would otherwise be entitled to do so by the Development Plan. (vi) The City shall not be prohibited from applying to the Project Subsequent Land Use Regulations that do not affect permitted uses of the land, density, design, public improvements (including construction standards and specifications) or the rate of development of the Development, nor shall the City be prohibited from denying or conditionally approving any Subsequent Development applications on the basis of such subsequent Land Use Regulations. 4.5 Other Public Agencies. It is acknowledged by the parties that other public agencies not within the control of the City possess authority to regulate aspects of the development of the Property separately from or jointly with the City, and this Agreement does not limit the authority of such other public agencies. The City shall reasonably cooperate with other public agencies processing Development Approvals for the Project. 0 4.6 Tentative Subdivision Map and Development Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of ten (10) years, and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.) All Development Approvals shall not expire if Owner commences substantial construction of the Project within three (3) years from the Effective Date of this Agreement. "Substantial Construction" means the issuance of a building permit in furtherance of the Project. 4.7 Satisfaction of Conditions of Approval. Owner shall comply with any and all conditions of approval for any entitlement, permit, or license it receives from the City. 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, Owner shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this Agreement. 4.9 City Records Inspection. Owner acknowledges and agrees that the City is empowered to examine Owner's books and records, including tax returns: The City has the power and authority to examine such books and records at any reasonable time, including but not limited to, during normal business hours. If the City wishes to inspect the areas of the Property where the cannabis is being cultivated, City must provide Owner written notice, with such notice being provided in a reasonable time, requesting entry into the cultivation, manufacturing, distribution and curing areas. In addition, City agrees that all of,its employees or agents which enter the cultivation and curing areas shall follow all of the policies and guidelines imposed on Owner's employees, including without limitation, the wearing of any clothing or equipment to insure that no pests or impurities shall enter the cultivation and curing areas. ARTICLE 5. PUBLIC BENEFITS. 5.1 Intent. The parties acknowledge and agree that development of the Property will result in substantial public needs which will not be fully met by the Development Plan and further acknowledge and agree that this Agreement confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 5.2 For the first year, Owner will pay the City a total of $220,000 as a Mitigation Fee. This fee is calculated based on $10.00 a square foot of permit space and a permit which allows up to 22,000 sq. feet. 5.3 In year two and year three, the Mitigation Fee will increase to $12.50 per sq. foot for a total of $275,000 per year 5.4 At the beginning of year four and year five, Owner will pay a Mitigation Fee of $15.00 per sq. foot for a total of $330,000 per year. IRE 5.5 The Mitigation Fee schedule is as follows: payment is due at the close of each quarter. Therefore, the first payment will be due on the last day of March, the second payment due on the last day of June, the third payment due on the last day of September, and the final payment due by the last day of December. 5.6 The Mitigation Fee is subject to reassessment by the City every five years. At the end of year five, the City will set a new per sq. ft. rate as applied in years 6 through 10. At the end of year 10, the City will set new per sq. ft. rate as applied in years 11 through 15. The City may take into consideration various factors including, but not limited to, current market conditions, and the Owner's unique circumstances. However, no one factor is dispositive in the City's determination of the per sq. ft. rate. The Medical Cannabis permit will expire at the close of the 15th year and will require the Owner to reapply with the City for a new permit. 5.7 Further, Owner will pay a yearly payment of $50,000 to the City that can be used to pay a part of a police officer's salary and benefits. This $50,000 amount will be due at the time the permit is issued. Subsequent annual payments will be due on the permit issuance anniversary date. 5.8 Jobs and Wage Creation. 5.8.1 Local Hiring. Owner agrees to use its reasonable efforts to hire qualified City residents for jobs at the Project. Owner shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the City or who employ a significant number of City residents. At least 20 percent fthe fro°act's workforce shall consist of residents of the Ci!y. Job announcements shall be posted at City Hall, along with proof that the job announcements were advertised in at least two newspapers published, printed or distributed in the City and on various social media sites accessible to the general public. In addition, Owner shall make a good faith effort to advertise job announcements at local job fairs, on local radio and through public agencies and organizations. 5.9 Development Agreement Administrative Fee Deposit. Owner shall be responsible for all of the City's actual costs associated with processing Development Approvals for the Project including, but not limited to, costs associated with .the City's review and processing of the Project, including but not limited to reviewing the Project's entitlements, including all environmental clearance documents, permits, licenses and all documents evidencing compliance with state and local law. As such, Owner must deposit $15,000 with the City for the purpose of reimbursing the City for any associated costs with processing the Project, as detailed above and reimbursing the City for its actual costs incurred in drafting and processing this Agreement. Owner will not be liable for the City's actual costs incurred in processing future Development Approval applications. City acknowledges and agrees that this payment is not merely a deposit, but is a cap on the amount of the City's actual costs incurred in processing this Agreement. -10- ARTICLE 6. [RESERVED] ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The City Council shall review this Agreement annually, on or before each anniversary of the Effective Date, in order to ascertain Owner's good faith compliance with this Agreement. During the periodic review, Owner shall be required to demonstrate good faith compliance with all the terms of the Agreement. 7.2 Special Review. The City Council may order a special review of compliance with this Agreement at any time, if the City determines that Owner is in breach of this Agreement. 7.3 Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this Agreement, the City Council may terminate this Agreement notwithstanding any other provision of this Agreement to the contrary, or modify this Agreement and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review. 7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, the City Council determines that Owner is in compliances with this Agreement, the City shall issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the City Council, that (i) this Agreement remains in effect and (ii) Owner is not in default. The City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City Council, regardless of whether or not the Certificate is relied upon by assignees or other transferees or Owner. 7.5 Failure to Conduct Review. The Cit 's failure to conduct a eriodic review ofthis Areement shall not constitute a breach of this Agreement, 7.6 Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by the City. The Owner is not liable for any costs associated with any City periodic review of this Agreement. The Owner is not liable for costs incurred for reviews. ARTICLE 8. DEFAULTS AND REMEDIES. 8.1 Remedies in General. It is acknowledged by the parties that the City would not have entered into this Agreement if it were to be liable in damages under this Agreement, or with respect to this Agreement or the application theregf, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in -11- writing, failure or delay by either party to perform any term or provision of this Agreement shall constitute a default. In the event of alleged default or breach of any terms or conditions of this Agreement, the party alleging such default or breach shall give the other party not less than thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. Notwithstanding the foregoing to the contrary, if the alleged default is of such a nature that it cannot be cured within thirty (30) days, the alleged defaulting party shall not be deemed in default as long as such party commences to cure such default within such thirty (30) day period and thereafter diligently prosecutes such cure to completion. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this Agreement through any state court, except that the City shall not be liable in monetary damages, unless expressly provided for in this Agreement, to Owner, to any mortgagee or lender, or to any successors in interest of Owner or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest to the Property or any portion thereof, not to sue for damages or claim any damages: (i) For any breach of this Agreement or for any cause of action which arises out of this Agreement; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this Agreement, including, without limitation, any impairment or restriction which Owner characterizes as a regulatory taking or inverse condemnation; or (iii) Arising out of or connected with any dispute, controversy or issue regarding the application or interpretation or effect of the provisions of this Agreement. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the exercise by the City of its power of eminent domain. Nothing contained herein shall modify or abridge Owner's rights or remedies (including its rights for damages, if any) resulting from the grossly negligent or malicious acts of the City and its officials, officers, agents and employees. Nothing herein shall modify or abridge any defenses or immunities available to the City and its employees pursuant to the Government Tort Liability Act and all other applicable statutes and decisional law. Except as set forth in the preceding paragraph relating to eminent domain, Owner's remedies shall be limited to those set forth in this Section 8.1, Section 8.2, and Section 8.3. Notwithstanding anything to the contrary contained herein, the City covenants as provided in Civil Code Section 3300 not to sue for or claim any consequential damages or, in the event all or a portion of the Property is not developed, for lost profits or -12- revenues which would have accrued to the City as a result of the development of the Property. 8.2 Specific Performance. The parties acknowledge that money damages and remedies at law are inadequate, and specific performance and other non - monetary relief are particularly appropriate remedies for the enforcement of this Agreement and should be available to all parties for the following reasons: (i) Except as provided in Sections 8.1 and 8.5, money damages are unavailable against the City as provided in Section 8.1 above. (ii) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this Agreement has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this Agreement and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this Agreement, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. 8.3 Termination of Agreement for Default of the City. Owner may terminate this Agreement only in the event of a default by the City in the performance of a material term of this Agreement and only after providing written notice to the City of default setting forth the nature of the default and the actions, if any, required by the City to cure such default and, where the default can be cured, the City has failed to take such actions and cure such default within sixty (60) days after the effective date of such notice or, in the event that such default cannot be cured within such sixty (60) day period but can be cured within a longer time, has failed to commence the actions necessary to cure such default within such sixty (60) day period and to diligently proceed to complete such actions and cure such default. In such a situation, notwithstanding the termination of this Agreement, all Development Approvals shall remain in full force and effect. 8.4 Attorneys' Fees and Costs. In any action or proceeding between the City and Owner brought to interpret or enforce this Agreement, or which in any way arises out of the existence of this Agreement or is based upon any term or provision contained herein, the "prevailing party" in such action or proceeding shall be entitled to recover from the non -prevailing party, in addition to all other relief to which the prevailing party may be entitled pursuant to this Agreement, the prevailing party's reasonable attorneys' fees and litigation costs, in an amount to be determined by the court. The prevailing party shall be determined by the court in accordance with California Code of Civil Procedure Section 1032. Fees and costs recoverable pursuant to this Section 9.4 include those incurred during any appeal from an underlying judgment and in the enforcement of any judgment rendered in any such action or proceeding. -13- 8.5 Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by the City to be in default of the terms and conditions of this Agreement until such default thereafter is cured by Owner or is waived by the City. If the City terminates this Agreement because of Owner's default, then the City shall retain any and all benefits, including money or land received by the City hereunder. ARTICLE 9. THIRD PARTY LITIGATION. 9.1 General Plan Litigation. The City has determined that this Agreement is consistent with its General Plan. Owner has reviewed the General Plan and concurs with the City's determination. The City shall have no liability under this Agreement or otherwise for any failure of the City to perform under this Agreement, or for the inability of Owner to develop the Property as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this Agreement or any of the City's actions in adopting it were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that the Agreement or any Development Approval is unenforceable based upon federal, state or local statutes, ordinances or regulations in effect on the Effective Date. 9.2 Hold Harmless Agreement. Owner hereby agrees to, and shall hold City, its elective and appointive boards, commissions, officers, agents, and employees harmless from any liability for damage or claims for damage for personal injury, including death, as well as from claims for property damage which may arise from Owner or Owner's contractors, subcontractors, agents, or employees operations under this Agreement, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, agents, or employees operations under this Agreement, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, or acting as agent for Owner or any of Owner's contractors or subcontractors. Owner agrees to and shall defend City and its elective and appointive boards, commissions, officers, agents and employees from any suits or actions at law or in equity for damage caused, or alleged to have been caused, by reason of any of the aforesaid operations. 9.3 Indemnification. Owner shall defend, indemnify and hold harmless City and its agents, officers and employees against and from any and all .liabilities, demands, claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which any or all of them may suffer, incur, be responsible for or pay out as a result of or in connection with any challenge to the legality, validity or adequacy of any of the following: (i) this Agreement and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; and (iii) the proceedings undertaken in connection with the adoption or approval of any of the -14- above. In the event of any legal or equitable action or other proceeding instituted by any third party (including a governmental entity or official) challenging the validity of any provision of this Agreement or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at is sole option, may tender the complete defense of any third party challenge as described herein. In the event the City elects to contract with special 'counsel to provide for such a defense, the City shall meet and confer with Owner regarding the selection of counsel, and Owner shall pay all costs related to retention of such counsel. 9.4 Environmental Contamination. Owner shall indemnify and hold the City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of the Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, the City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such claim, action or proceeding. The provisions of this Section 10.4 do not apply to environmental conditions that predate, Owner's ownership or control of the Property or applicable portion; provided, however, that the foregoing limitation shall not operate to bar, limit or modify any of Owner's statutory or equitable obligations as an owner or seller of the Property. 9.5 The City to Approve Counsel. With respect to Sections 9.1 through 9.4, the City reserves the right to approve the attorney(s) which Owner selects, hires or otherwise engages to defend the City hereunder, which approval shall not be unreasonably withheld. 9.6 Accept Reasonable Good Faith Settlement. With respect to Article 9, the City shall not reject any reasonable good faith settlement. Before accepting any such settlement offer, City shall notify Owner of the offer and provide Owner with a copy of the offer. If Owner disagrees with the City's intention to accept the offer, prior to the City's response to any offer, the parties shall meet and confer in order to attempt to resolve the parties' differences. If the City does reject a reasonable, good faith settlement that is acceptable to Owner, Owner may enter into a settlement of the action, as it relates to Owner, and the City shall thereafter defend such action (including appeals) at its own cost and be solely responsible for any judgments rendered in connection with such action. This Section 9.6 applies exclusively to settlements pertaining to monetary damages or damages which are remedial by the payment of monetary compensation. Owner and the City expressly agree that this Section 9.6 does not apply to any settlement that requires an exercise of the City's police powers, limits the City's exercise of its police powers, or affects the conduct of the City's municipal operations. -15- 9.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with Owner's development, operation and use of the Property (collectively, "Actions"). The City shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this agreement absent a grand jury subpoena, civil or administrative subpoena, warrant, discovery request, summons, court order or similar process authorized under law hereinafter called "Governmental Notice". If any Action is brought by either the Federal or State Government, City shall immediately notify Owner of the nature of the Claim including all correspondence or documents submitted to the City. Prior to responding to the Governmental Notice, City shall provide Owner ten (10) days from the date of such notice subpoena or the like to serve and obtain on the City a protective order, or the like, from a court of competent jurisdiction. 9.8 Survival. The provisions of Sections 4.7 and Sections 9.1 through 9.7 inclusive, shall survive the termination or expiration of this Agreement, until such time as the uses of the Property established in the Development Plan are permanently terminated. ARTICLE 10. THIRD PARTY LENDERS, ASSIGNMENT & SALE. 10.1 Encumbrances. The parties hereto agree that this Agreement shall not prevent or limit Owner, in any manner, at Owner's sole discretion, from encumbering the Property or any portion thereof or any improvement thereon by any mortgage, deed of trust or other security device securing financing with respect to the Property. 10.2 Lender Requested Modification/Interpretation. The City acknowledges that the lenders providing such financing may request certain interpretations and modifications of this Agreement and agrees upon request, from time to time, to meet with Owner and representatives of such lenders to negotiate in good faith any such request for interpretation or modification. The City will not unreasonably withhold its consent to any such requested interpretation or modification provided such interpretation or modification is consistent with the intent and purposes of this Agreement, provided, further, that any modifications of this Agreement are subject to the provisions of Section 10.5. 10.3 Mortgagee Privileges/Rights. Any Mortgagee shall be entitled to the following rights and privileges: (i) Neither entering into this Agreement nor a breach of this Agreement shall defeat, render invalid, diminish or impair the lien of any mortgage on the Property made in good faith and for value; and (ii) Any Mortgagee that has submitted a written request to the City in the manner specified herein for giving notices shall be entitled to receive written notification from the City of any default by Owner in the performance of Owner's obligations under this Agreement. -16- (iii) If the City timely receives a request from a Mortgagee requesting a copy of any notice of default given to Owner under the terms of this Agreement, the City shall provide a copy of that notice to the Mortgagee within ten (10) days of sending the notice of default to Owner. The Mortgagee shall have the right, but not the obligation, to cure the default during the remaining cure period allowed Owner under this Agreement. ARTICLE 11. MISCELLANEOUS PROVISIONS. 11.1 Entire Agreement. This Agreement sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly referred to herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this Agreement, provided, however, City at its option may rely on statements by Owner's agents at the public hearings leading to the City's approval of the project or on written documents by Owner's agents that are a part of the public record. 11.2 Severability. If any term, provision, covenant or condition of this Agreement shall be determined invalid, void or unenforceable, by a court of competent jurisdiction, the remainder of this Agreement shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this Agreement. The foregoing notwithstanding, the provision of the public benefits set forth in Article 5, including the payment of the fees set forth therein, are essential elements of this Agreement and the City would not have entered into this Agreement but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the City's option this entire Agreement shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the development rights set forth in Article 4 of this Agreement are essential elements of this Agreement and Owner would not have entered into this Agreement but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at Owner's option this entire Agreement shall terminate and from that point on be null and void and of no force and effect whatsoever. 11.3 Interpretation and Governing Law. This Agreement and any dispute arising hereunder shall be governed and interpreted in accordance with the laws of the State of California. This Agreement shall be construed as a whole according to its fair language and common meaning to achieve the objectives and purposes of the parties hereto, and the rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement, since all parties were represented by counsel in the negotiation and preparation hereof. 11.4 Section Headings. All section headings and subheadings are inserted for convenience only and shall not affect any construction or interpretation of this Agreement. -17- 11.5 Singular and Plural; Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity. 11.6 Time of Essence. Time is of the essence in the performance of the provisions of this Agreement as to which time is an element. 11.7 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this Agreement by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this Agreement thereafter. 11.8 No Third Party Beneficiaries. The only parties to this Agreement are Owner and the City. This Agreement is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third party beneficiaries and this Agreement is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 11.9 Force Majeure. If delays are caused by unforeseen events beyond the control of Owner, such delays will entitle Owner to an extension of time as provided in this Section and Article 7. Such unforeseen events ("Force Majeure") shall mean war, insurrection, acts of God, local, state or national emergencies, third party litigation, strikes and other labor difficulties beyond the party's control, any litigation filed by a third party, any Action initiated by the Federal Government or State Government, or any default by the City hereunder, which Force Majeure event substantially interferes with the development or construction of the Project. , 11.10 In the case of a Force Majeure event, any and all time periods referred to in this Agreement shall be extended for a period equal to any delay to the Project caused by any such Force Majeure event; provided, however, that no such time period shall be extended beyond a cumulative total of five (5) years. Extensions of time, when granted, will be based upon the effect of delays on the Project. They will not be granted for: (1) delays of three days or less or (2) for delays due to Owner's inability to obtain financing with respect to the Development of the Project. Owner shall in writing promptly notify Chief Executive Officer upon learning of any such Force Majeure event. The Chief Executive Officer or his or her designee shall ascertain the facts and the extent of the delay and his findings thereon shall be included in Owner's annual monitoring report unless Owner disputes the findings and requests that the period of delay be heard and determined as a part of the annual review process. 11.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent -18- performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 11.12 Successors in Interest. The burdens of this Agreement shall be binding upon, and the benefits of this Agreement shall inure to, all successors in interest to the parties to this Agreement. All provisions of this Agreement shall be enforceable as equitable servitudes and constitute covenants running with the land. Each covenant to do or refrain from doing some act hereunder with regard to development of the Property: Property; (i) is for the benefit of and is a burden upon every portion of the (ii) runs with the Property and each portion thereof; and (iii) is binding upon each party and each successor in interest during ownership of the Property or any portion thereof from and after recordation of this Agreement, it shall impute such notice to all persons as is afforded by the recording laws of this State. The burdens of the Agreement shall be binding upon, and the benefits of the Agreement shall inure to all successors in interest to the parties to this Agreement. 11.13 Counterparts. This Agreement may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 11.14 Jurisdiction and Venue. Any action at law or in equity arising under this Agreement or brought by a party hereto for the purpose of enforcing, construing or determining the validity of any provision of this Agreement shall be filed and prosecuted in the Superior Court of the County of Los Angeles, State of California, and the parties hereto waive all provisions of federal or state law or judicial decision providing for the filing, removal or change of venue to any other state or federal court, including, without limitation, Code of Civil Procedure Section 394. 11.15 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this Agreement. No partnership, joint venture or other association of any kind is formed by this Agreement. The only relationship between the City and Owner is that of a government entity regulating the development of private property and the owner of such property. 11.16 Further Actions and Instruments. Each of the parties shall cooperate with and provide reasonable assistance to the other to the extent contemplated hereunder in the performance of all obligations under this Agreement and the satisfaction of the conditions of this Agreement. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if -19- reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this Agreement to carry out the intent and to fulfill the provisions of this Agreement or to evidence or consummate the transactions contemplated by this Agreement. 11.17 Eminent Domain. No provision of this Agreement shall be construed to limit or restrict the exercise by the City of its power of eminent domain. 11.18 Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, partner or joint venturer, resident of the State of California, or if it is a foreign corporation, then Owner shall file, upon its execution of this Agreement, with the Chief Executive Officer or his or her designee, upon its execution of this Agreement, a designation of a natural person residing in the State of California, giving his or her name, residence and business addresses, as its agent for the purpose of service of process in any court action arising out of or based upon this Agreement, and the delivery to such agent of a copy of any process in any such action shall constitute valid service upon Owner. If for any reason service of such process upon such agent is not feasible, then in such event Owner may be personally served with such process out of the County of Los Angeles and such service shall constitute valid service upon Owner. Owner is amenable to the process so described, submits to the jurisdiction of the Court so obtained, and waives any and all objections and protests thereto. 11.19 Authority to Execute. The person or persons executing this Agreement on behalf of Owner warrants and represents that he/she/they have the authority to execute this Agreement on behalf of his/her/their corporation, partnership or business entity and warrants and represents that he/she/they has/have the authority to bind Owner to the performance of its obligations hereunder. Owner shall each .deliver to City on execution of this Agreement a certified copy of a resolution and or minute order of their respective board of directors or appropriate governing body authorizing the execution of this Agreement and naming the officers that are authorized to execute this Agreement on its behalf. Each individual executing this Agreement on behalf of his or her respective company or entity shall represent and warrant that: (i) The individual is authorized to execute and deliver this Agreement on behalf of that company or entity in accordance with a duly adopted resolution of the company's board of directors or appropriate governing body and in accordance with that company's or entity's articles of incorporation or charter and bylaws or applicable formation documents; and (ii) This Agreement is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The execution and delivery of this Agreement by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed -20- of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 11.20 Nexus/Reasonable Relationship Challenges. Owner consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this Agreement including, without limitation, any claim that they constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, or impose an unlawful tax. 11.21 [RESERVED] 11.22 No Damages Relief Against City. The parties acknowledge that the City would not have entered into this Agreement had it been exposed to damage claims from Owner, or Owners successors in interest, assigns, partners, or anyone acting on behalf of Owner for any breach thereof. As such, the parties agree that in no event shall Owner, or Owners successors in interest, assigns, partners, or anyone acting on behalf of Owner be entitled to recover damages against City for breach of this Agreement. 11.23 Laws. Owner agrees to comply with all applicable state, regional, and local laws, regulations, polices and rules. In addition, Owner further agrees to comply with all issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, Owner agrees to comply with all applicable provisions of BPMC. 11.24 Compliance with Conditions of Approval. Owner agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the City. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 11.25 The City acknowledges that this Agreement shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this Agreement shall govern the conduct of the property under such future regulations. M IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of the dates written above. CITY OF BALDWIN PARK By: Manual Lozano, Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By. Robert N. Tafoya, City Attorney By:. President APPROVED AS TO FORM: By: me Legal Counsel for EXHIBIT A LEGAL DESCRIPTION OF PROPERTY EXHIBIT A -1- EXHIBIT B MAP DEPICTING PROPERTY [TO BE ATTACHED] EXHIBIT B -1- NOTICE, CAI OF A SPECIAL ETI G OF THE TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE SECRETARY OF THE FINANCE AUTHORITY OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, DECEMBER 13, 2017 at 7:00 PM. at City Hall — Council Chambers, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. Dated: December 12, 2017 NO OTHER BUSINESS WILL BE DISCUSSED AFFIDAVIT OF POSTING .Mari hair I, Alejandra Avila, Secretary of the Finance Authority of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on December 13, 2017. Alejandra Avila Secretary AGENDA NOVEMBER 15, 2017 7:00 P SPECIAL MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Ricardo Pacheco Cruz Baca Monica Garcia Susan Rubio - Chair - Vice Chair - Board Member - Board Member - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Finance Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTAR/OS DEL PUBLICO Se invita al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdicci6n. Si usted desea la oportunidad de di'rigirse a la Agencia, podr6 hacerio durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le pe►mite hablar por fres (3) minutos. Hay un intcrprete para su conveniencia. � .. � � �� II � .' � uuQ�u� ir'u'u��a>tiiu`u�g u�� tlVomp 11=iu�7��uor�u,r owuiwu�Q�ua u�u�,� tQw'�i ,'� :�ov wut,Qt�: uiu�,uw�o`�i er Q�tiunuiRd*owl Uwwu° uu ue���su�u ,��„��u�ruuw �q a uuw,�y owe aJhsuuul1ba.wtr +,U to r,Uw,G l-uu�ww�uu:u Turt:houut)� IIc!,is UUwan "72 Uou,wa.unww 113uuM U.O Uruwwt ov°uOCUuiiu^ V10 ll ILS , aww Wall:, foil Q i..uOwQu uun Qu a.tuc a ali (Ay IA iuu 01hc n,�ty at "'U41021� T QI udt`ucAvii�nu,.ue3rd I-U�:) r(Iu.uufio.ng u'wlilu 'W V.00u.w s a°,Q&oudUaluThiv'sday, lr a�Y ww.ruw u, 4111 Il:,u 1aC) E AUTHORITY ���� .. ...._�.�.._ FINAN.C.._.. REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Cruz Baca, Monica Garcia, Susan Rubio, Vice Chair Ricardo Pacheco and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos ser6 el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION 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] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] CONSENT CALENDAR 1. TREASURER'S REPORT FOR OCTOBER 2017 Staff recommends that the Board receive and file the report. ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Finance Authority hereby certify 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 24 hours prior to the meeting. Dated this 12th day of December, 2017. Alejandra Avila Secretary PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. 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 $?viiac_ bnlr(^ )g -LC ip. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) ITEM NO. r4 " STAFF REPORT L -D v TO: Honorable Mayor and City Councilmembers r JI1��� FROM: Rose Tam, Director of Finance �. � %� DATE: December 13 2017� rLr°, 7cra �� °' SUBJECT: TREASURER'S REPORT —OCTOBER 2017 SUMMARY Attached is the Treasurer's Report for the month of October 2017. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for October 2017. BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 10/31/2017 INVESTMENT INTEREST PURCHASE MATURITY 'PION RATE DATE DATE State of Calitomia Local Agency Invastniant Fund (;�.AII ) $ 22,124,165.98 $ 22,124,165.9B $ 22,124,165.98 Cndurlingl C'onoral Fund /h all other Special Rovenue Funds ity I 1,14% Varies Varies Housing Authority 1,14% Varies Varies Cartlticate of Deposit ..._.__. 245,000.00 245,000.00 243,936.70 Capital One Bank USA NATL ASSN 1.15% 9/14/2016 9/14/2018 Wells Fargo Bank NA SIOUX Falls 1.15% 9/14/2016 9/14/2018 JP Morgan Chase Bank NA Columbus 1.15% 9/16/2016 9/16/2018 Ally Bank Midvale CTF DEP ACT/365 1.15% 9/17/2016 9/17/2018 American Express Centurion 1.60% 4/12/2017 4/12/2019 Everbank-Jacksonville 1.55% 4116/2017 4/16/2017 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fund Varies Varies Varies PAR CURRENT BOOK MARKET VALUE PRINCIPAL ....... VALUE VALUL $ 22,124,165.98 $ 22,124,165.98 $ 22,124,165.9B $ 22,124,165.98 13, 262.69 13,262.69 13,262.69 13, 262.69 22,137,428.67 - 22,137,428.67 ............22,137,428.67 22,137,428.67 245,000.00 245,000.00 245,000.00 243,936.70 245,000.00 245,000.00 245,000.00 243,956.30 246,000.00 245,000.00 245,000.00 243,941.60 245,000.00 245,000.00 245,000.00 243,914.65 250,000.00 250,000.00 250,000.00 24%752.50 250,000.00 250,000.00 250,000.00 249,802.50 1,480,000.00 1,480,000.00 1,480,000.00 1,475 304.25 2,580,395.47 2,580,395.47 2,580,396.47 2,580,395.47 48,376.43 48,376.43 48,376.43 48,376.43 2,628,771.90 2 628,771.90 ._... 2,628 771.90 w _ - 2,828,771.90 $ 28 246 200.57 $ 26,246,200.57 ; 2 ,46,2ft$7 $ 26I241�604.82 Total Investments $ 26,246,200.57 Cash with Bank of the West City Checking 1,171,567.54 Money Market Plus 53,292.00 City Miscellaneous Cash 102,079.94 Successor Agency 428,792.39 Housing Authority 207,470.13 Financing Authority 0.00 Investment Brokerage 8,281.16 Total Cash with Bank of the West 1,971,483.16 Total Cash and Investments $ 28,217,683.73 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of September 2017 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance NOTICE N CALL OF A SPECIAL TI G OF THE BALDWIN PARK HOUSING AUTHORITY TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE SECRETARY OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, DECEMBER 13, 2017 at 7:00 PM. at City Hall — Council Chambers, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. Dated: December 12, 2017 NO OTHER BUSINESS WILL BE DISCUSSED AFFIDAVIT OF POSTING IMVS7 air. I, Alejandra Avila, Secretary of the Housing Authority of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on December 13, 2017. Alejandra Avila Secretary ITILIT_1 NOVEMBERq 0 � ".F 15, 2017 7:00 PM SPECIAL G COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Ricardo Pacheco Cruz Baca Monica Garcia Susan Rubio - Chair - Vice Chair - Board Member - Board Member - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS PDR FAVOR DEAPAGAR SUS TELEFONOS CELULARES Y B"EEPE"RS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerio durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un rxaturla, prr su conveniencia. _ ---------------- Any written public record relating to an agenda nda item for an open session of a regular meeting of the Housing Authority that is distributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) CALL TO ORDER ROLL CALL HOUSING AUTHORITY REGULAR MEETING — 7:00 PM Board Members: Cruz Baca, Monica Garcia, Susan Rubio, Vice Chair Ricardo Pacheco and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION 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] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algOn asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas, jCodigo de Gobiemo §54954.21 CONSENT CALENDAR 1. WARRANTS AND DEMANDS Staff recommends that the Board ratify the Warrants and Demands. 2. 'TREASURER'S REPORT — OCTOBER 2017 Staff recommends that the Board receive and file the report. ADJOURNMENT CERTIFICATION I, Alejandra Avila, Secretary of the Housing Authority hereby certify 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 24 hours prior to the meeting. Dated this 12th day of December, 2017, lejaridra Avila Secretary PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. 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 L?vii a x iap igwinpark,com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) ITEM NO. 14 A STAFFREPORT oi TO: The Honorable Chairman and Members of the Board i-, T4; FROM: Rose Tam, Director of Finance° ) "" ` DATE: December 13,2017 JAW SUBJECT: BALDWIN PARK HOUSING AUTHORITY'S WARRANTS AND DEMANDS SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority is $381,883.92 LEGAL REVIEW None required. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Registers, BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The November 2 to December 1, 2017 Warrant check numbers from 72130 through 72134 in the amount of $145.00 and Automated Clearing House (ACH) in the amount of $381,738.92 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. CHECK GS December 11, 2017 Date Range: 11/02/2017...12/01/2017 VMS Date Range: All Program: All Payment Type: All Check Numbers: All Direct Deposit. Exclude Check Cleared: All Port Status: Include Port Ins Zero HAPs: Include Zero HAPs Voided Payments: Include Voided Payments Held Checks: Include Held Checks Grouped by.- Sorted y.Sorted by. Check Number Check Number V"" CheckNumber Check Date Payee Name DD Amount ❑ 72130 12/01/2017 Annie L Henderson ❑ 24.00 ❑ 72131 12/01/2017 Cristina Ramos ❑ 4.00 ❑ 72132 12/01/2017 Guadalupe M Murillo ❑ 84.00 ❑ 72133 12/01/2017 Hermila Silva ❑ 12.00 ❑ 72134 12/01/2017 Vanessa G Ross ❑ 21.00 Total $145.00 Average $29.00 Unit Count 0 Average Weighted by Unit Count Hard to House Count 0 HAPPY Software Page 1 12/1112017 11:33:47 AM CHECK GIS ( CH December 11, 2017 Date Range: 11/02/2017...12/01/2017 VMS Date Range: All Program: All Payment Type: All Check Numbers: All Direct Deposit. Only Check Cleared: All Port Status: Include Port Ins Zero HAPs: Include Zero HAPs Voided Payments: Include Voided Payments Held Checks: Include Held Checks Grouped by.- Sorted y.Sorted by. Check Number Check Number Check Number Check Date Payee Name DD Amount ❑ 16249 11/14/2017 1015 West Garvey West Covina, LP ® 1934.00 ❑ 16250 11/14/2017 Monrovia Heritage Park LP ® 1229.00 ❑ 16251 11/14/2017 The Promenade Housing Partners, LP ® 2229.00 ❑ 16252 12/01/2017 ® 3224.00 ❑ 16253 12/01/2017 1015 West Garvey West Covina, LP ® 1244.00 ❑ 16254 12/01/2017 1024 Royal Oaks LP dba Whispering Fountains ® 11030.00 ❑ 16255 12/01/2017 Aaron Abdus Shakoor ® 1126.00 ❑ 16256 12/01/2017 Alan Wu ® 764.00 ❑ 16257 12/01/2017 Alejandra Gutierrez ® 675.00 ❑ 16258 12/01/2017 Alfonso Contreras ® 229.00 ❑ 16259 12/01/2017 Allan M. & Virginia J Chipp and Ralph Seline ® 2918.00 ❑ 16260 12/01/2017 Alta Vista Villas, LP ® 620.00 ❑ 16261 12/01/2017 Amparo M Limon ® 1159.00 ❑ 16262 12/01/2017 Amy Si On ® 782.00 ❑ 16263 12/01/2017 Ana Thai ® 966.00 ❑ 16264 12/01/2017 Andrew & Eva Fogg ® 1213.00 ❑ 16265 12/01/2017 Andrew Imbat ® 878.00 ❑ 16266 12/01/2017 Angel Romo ® 693.00 ❑ 16267 12/01/2017 Anna & Simon Choi ® 1231.00 ❑ 16268 12/01/2017 Annette C Scott ® 1514.00 ❑ 16269 12/01/2017 Antonio & Aida Rinos ® 1470.00 ❑ 16270 12/01/2017 Antonio R. Corral ® 312.00 ❑ 16271 12/01/2017 ASCENSION HOLDINGS LLC ® 949.00 ❑ 16272 12/01/2017 B.K. Mamdani ® 1231.00 ❑ 16273 12/01/2017 Badillo Street Senior Apartments, LLC ® 13115.00 ❑ 16274 12/01/2017 Baldwin Park Family Housing Limited ® 11334.00 ❑ 16275 12/01/2017 Beatrice Pyatt ® 1029.00 ❑ 16276 12/01/2017 Becky Binh Nguyet Luu ® 1806.00 ❑ 16277 12/01/2017 Beverly & Lucas, LLC ® 857.00 ❑ 16278 12/01/2017 Billy Theodorakopoulos ® 598.00 ❑ 16279 12/01/2017 Blessed Rock of EI Monte ® 2508.00 0 HAPPY Software Page 1 12/11/2017 11:36:21 AM ❑ 16280 12/01/2017 Bobby Roach ® 1287.00 ❑ 16281 12/01/2017 Burnel & Mae Smith ® 1702.00 ❑ 16282 12/01/2017 Carol Hinds ® 681.00 ❑ 16283 12/01/2017 Central Apartments #2 ® 1672.00 ❑ 16284 12/01/2017 Chen Jackson ® 622.00 ❑ 16285 12/01/2017 CHLV Group - Real Estate ® 790.00 ❑ 16286 12/01/2017 Cho Wu ® 96.00 ❑ 16287 12/01/2017 Christina Villasenor ® 895.00 ❑ 16288 12/01/2017 Cienega Garden Apartments ® 2429.00 ❑ 16289 12/01/2017 Cipriano Salazar Jr. ® 889.00 ❑ 16290 12/01/2017 Clinett Glazis ® 490.00 ❑ 16291 12/01/2017 Covina 023 Woods 206 LP - Pama Management 206 ® 467.00 ❑ 16292 12/01/2017 Cynthia Pham ® 716.00 ❑ 16293 12/01/2017 Dajojo, LLC ® 832.00 ❑ 16294 12/01/2017 Denise Van Pham ® 1443.00 ❑ 16295 12/01/2017 Derek Sim ® 1083.00 ❑ 16296 12/01/2017 Dieu Van Huynh ® 881.00 ❑ 16297 12/01/2017 Dieu-Thuy Nu Ton ® 1417.00 ❑ 16298 12/01/2017 Dimitris Papadopoulous ® 1245.00 ❑ 16299 12/01/2017 Dinghwa Eddy Liu ® 1426.00 ❑ 16300 12/01/2017 Doan & Lily Thi ® 1575.00 ❑ 16301 12/01/2017 Doanho Do Ha ® 1235.00 ❑ 16302 12/01/2017 Don Norwood ® 1231.00 ❑ 16303 12/01/2017 Donna J Falls ® 771.00 ❑ 16304 12/01/2017 Doreen Han ® 830.00 ❑ 16305 12/01/2017 Dung Tran ® 1168.00 ❑ 16306 12/01/2017 Dung Trung Pham and Tammy Tram Dang ® 816.00 ❑ 16307 12/01/2017 Emilio De Jesus Cruz ® 514.00 ❑ 16308 12/01/2017 Eric C. Otte ® 763.00 ❑ 16309 12/01/2017 Estate of Rosetta Mix ® 656.00 ❑ 16310 12/01/2017 Eunice Property, LLC ® 889.00 ❑ 16311 12/01/2017 EZ APT LLC ® 834.00 ❑ 16312 12/01/2017 Fanny Chan ® 641.00 ❑ 16313 12/01/2017 Fat Law ® 897.00 ❑ 16314 12/01/2017 Fernando Islas ® 1080.00 ❑ 16315 12/01/2017 Fred Lau ® 597.00 ❑ 16316 12/01/2017 Gilbert Dominguez ® 499.00 ❑ 16317 12/01/2017 Gleiberman Properties, Inc - FBO MG Properties Group ® 1578.00 ❑ 16318 12/01/2017 Grace Chiou ® 1248.00 ❑ 16319 12/01/2017 Greater San Gabriel Valley Property Management, Inc. ® 1485.00 ❑ 16320 12/01/2017 Group IX BP Properties, LP ® 559.00 ❑ 16321 12/01/2017 Guillermo Vasquez ® 1115.00 0 16322 12/01/2017 Ha Xu Van ® 1365.00 ❑ 16323 12/01/2017 Henry Ho ® 823.00 ❑ 16324 12/01/2017 Henry Wong ® 1698.00 ❑ 16325 12/01/2017 Heritage Park Villas LP ® 13940.00 0 HAPPY software Page 2 12/11/2017 11:36:21 AM ❑ 16326 12/01/2017 Hilbert Properties II 1648.00 ❑ 16327 12/01/2017 Housing Authority Of The County Of San Bernardino 5011.80 ❑ 16328 12/01/2017 Hui Chuan Wang 3389.00 ❑ 16329 12/01/2017 HUY VU 789.00 ❑ 16330 12/01/2017 Isabel R Sanchez 1038.00 ❑ 16331 12/01/2017 James or Barbara Fox 750.00 ❑ 16332 12/01/2017 JBMW Investment, LLC 669.00 ❑ 16333 12/01/2017 Jeff Ma 766.00 ❑ 16334 12/01/2017 Jesse S. Gonzalez 227.00 ❑ 16335 12/01/2017 Jianhong Zhen 409.00 ❑ 16336 12/01/2017 Jim & Nancy Bailey 603.00 ❑ 16337 12/01/2017 Jocelyn Jae Jhong 1770.00 ❑ 16338 12/01/2017 Joe Clark 2258.00 ❑ 16339 12/01/2017 John Nguyen 515.00 ❑ 16340 12/01/2017 John W. Ruwitch and Anh Lam Truong 905.00 ❑ 16341 12/01/2017 John Young 496.00 ❑ 16342 12/01/2017 Jose Baudelio Delgado 741.00 ❑ 16343 12/01/2017 Joseph H. Garcia 2978.00 ❑ 16344 12/01/2017 Joseph M. Kwok 996.00 ❑ 16345 12/01/2017 Joseph Pham 815.00 ❑ 16346 12/01/2017 Joseph T. Tung 964.00 ❑ 16347 12/01/2017 Juan Alvarado 435.00 ❑ 16348 12/01/2017 Kan Investments LTD, LLC 506.00 ❑ 16349 12/01/2017 Karen Lin 917.00 ❑ 16350 12/01/2017 Karen M Hollinhurst 895.00 ❑ 16351 12/01/2017 Kim Chau 758.00 ❑ 16352 12/01/2017 Kimberly Nguyen 817.00 ❑ 16353 12/01/2017 Kimberly U Dao 161.00 ❑ 16354 12/01/2017 Kin Wai Wong 895.00 ❑ 16355 12/01/2017 Kristen Thuy Phan 694.00 ❑ 16356 12/01/2017 Ky Tran 988.00 ❑ 16357 12/01/2017 LAI MING LEUNG 839.00 0 16358 12/01/2017 Lambert Lam 1218.00 ❑ 16359 12/01/2017 Lan Hua Mi Ku N 1048.00 ❑ 16360 12/01/2017 Lark Ellen Village 6738.00 0 16361 12/01/2017 Larry Chow 4468.00 ❑ 16362 12/01/2017 Larry Mimms 1067.00 ❑ 16363 12/01/2017 Larry Pratt or Doreen E. Ewing 1401.00 ❑ 16364 12/01/2017 Lawrence and/or Lorraine Scimeca 1418.00 ❑ 16365 12/01/2017 LEFA Trust R 954.00 ❑ 16366 12/01/2017 Leslie K Ng 1130.00 ❑ 16367 12/01/2017 Lien Diep 904.00 ❑ 16368 12/01/2017 Lois J Gaston 1730.00 ❑ 16369 12/01/2017 Los Angeles County Housing Authority N 8628.80 ❑ 16370 12/01/2017 Los Angeles County Housing Authority 4671.32 ❑ 16371 12/01/2017 Louis Tong 1074.00 0 HAPPY Software Page 3 12/11/2017 11:36:21 AM ❑ 16372 12/01/2017 Lourdes Vela 2696.00 ❑ 16373 12/01/2017 Luan Trong Hoang 668.00 ❑ 16374 12/01/2017 Lucena A Ewing 2397.00 ❑ 16375 12/01/2017 Lucille Fulmer 1352.00 ❑ 16376 12/01/2017 Lupe Barajas 568.00 ❑ 16377 12/01/2017 Mack E Titus 25.00 ❑ 16378 12/01/2017 Malcolm Oso 552.00 ❑ 16379 12/01/2017 Mallorca Apartments, LTD 886.00 ❑ 16380 12/01/2017 Man Sze Ma 955.00 ❑ 16381 12/01/2017 Maria Luisa Fernandez 663.00 ❑ 16382 12/01/2017 Maria Luz Rodriguez M 359.00 ❑ 16383 12/01/2017 Marina Alvarez 615.00 ❑ 16384 12/01/2017 Mark T. Fernandez 247.00 ❑ 16385 12/01/2017 Martha Cortez N 572.00 ❑ 16386 12/01/2017 Mary L Haynes 0 996.00 ❑ 16387 12/01/2017 Mayra Ortega 995.00 ❑ 16388 12/01/2017 Melody (Muoi) Dao 1202.00 ❑ 16389 12/01/2017 Michael H Phuong 1335.00 ❑ 16390 12/01/2017 Michelle Toliao Fernandez 750.00 ❑ 16391 12/01/2017 Minh A Nguyen 463.00 ❑ 16392 12/01/2017 Mohamad Tavakkoli 3657.00 ❑ 16393 12/01/2017 Monica Alber 930.00 ❑ 16394 12/01/2017 Monrovia 612, LP 6853.00 ❑ 16395 12/01/2017 Monrovia Heritage Park LP 16198.00 ❑ 16396 12/01/2017 Monrovia Heritage Park LP 2639.00 ❑ 16397 12/01/2017 Mousa Boushaaya 890.00 ❑ 16398 12/01/2017 Nancy H Shen 786.00 ❑ 16399 12/01/2017 Nomer Lacson 1440.00 ❑ 16400 12/01/2017 Olie S Johnson 885.00 ❑ 16401 12/01/2017 Pacific Towers Senior Apartments - TDF LP 1876.00 ❑ 16402 12/01/2017 PAMA IV Properties, LP 1794.00 ❑ 16403 12/01/2017 Paramjit S Nijjar 1989.00 ❑ 16404 12/01/2017 Paul & Annie W Chau 975.00 ❑ 16405 12/01/2017 Paul P Simon 815.00 ❑ 16406 12/01/2017 Paul Yan 683.00 ❑ 16407 12/01/2017 Paul Yen 496.00 ❑ 16408 12/01/2017 Peck Road Properties, LLC 961.00 ❑ 16409 12/01/2017 Peter R Nasmyth 911.00 ❑ 16410 12/01/2017 Philip Tsui 731.00 ❑ 16411 12/01/2017 Post Brookhollow, LP 2657.00 ❑ 16412 12/01/2017 Primrose Villa 5353.00 ❑ 16413 12/01/2017 QuocT. Vo 1386.00 ❑ 16414 12/01/2017 Quy Duc Tran 1130.00 ❑ 16415 12/01/2017 Ralph V. Parra 1088.00 ❑ 16416 12/01/2017 Ramiro Viramontes 329.00 ❑ 16417 12/01/2017 RAMONA BLVD FAMILY APARTMENTS, L.P. 4287.00 © HAPPY Software Page 4 12/11/2017 11:36:21 AM ❑ 16418 12/01/2017 Raul Varela Ayala 0 895.00 ❑ 16419 12/01/2017 Richard A DaSylveira 0 1220.00 ❑ 16420 12/01/2017 Ro Van Le 695.00 ❑ 16421 12/01/2017 Robert Lawe 875.00 ❑ 16422 12/01/2017 Roger Hin Nam Mak 6764.00 ❑ 16423 12/01/2017 Roland Wiekamp 1251.00 ❑ 16424 12/01/2017 Roman Basin 1104.00 ❑ 16425 12/01/2017 Ronald & Pamela Layne 531.00 ❑ 16426 12/01/2017 Rosa Beltran 1651.00 ❑ 16427 12/01/2017 Rosa Lamas-Serratos 1704.00 ❑ 16428 12/01/2017 Rosalba Cuartas 798.00 ❑ 16429 12/01/2017 Rosie Leon 786.00 ❑ 16430 12/01/2017 Roy Lam 548.00 ❑ 16431 12/01/2017 Ruel Torres 743.00 ❑ 16432 12/01/2017 SAE GROUP, LLC 1270.00 ❑ 16433 12/01/2017 Sam Gurfinkel 1231.00 ❑ 16434 12/01/2017 Sara Romo 963.00 ❑ 16435 12/01/2017 Scott Qizhang Chen 1194.00 ❑ 16436 12/01/2017 Set Homes LLC 8196.00 ❑ 16437 12/01/2017 Sergio Molina 187.00 ❑ 16438 12/01/2017 Serrano West Covina #199W, LP N 453.00 ❑ 16439 12/01/2017 Shiu-Ein Huang N 285.00 ❑ 16440 12/01/2017 Siu Fung Mak 1575.00 ❑ 16441 12/01/2017 Sophia Wong 1654.00 ❑ 16442 12/01/2017 Steadfast Cameron Park LP M 814.00 ❑ 16443 12/01/2017 Steadfast Mccord BHA, LP 897.00 ❑ 16444 12/01/2017 Sui Man Mak 946.00 ❑ 16445 12/01/2017 T & P Property LLC 129.00 ❑ 16446 12/01/2017 T & T Asset Holding, LLC 2340.00 ❑ 16447 12/01/2017 Takis Bogris 627.00 ❑ 16448 12/01/2017 Tanya H Chen 706.00 ❑ 16449 12/01/2017 Thanh M Tang 670.00 ❑ 16450 12/01/2017 The Piedrahita Trust "B" 1551.00 ❑ 16451 12/01/2017 The Promenade Housing Partners, LP 2229.00 ❑ 16452 12/01/2017 Therisa L Tyck 895.00 ❑ 16453 12/01/2017 Thomas Pang 1127.00 ❑ 16454 12/01/2017 Tinh Van Le 477.00 ❑ 16455 12/01/2017 TK MANAGEMENT & INVESTMENT CORP.. 1115.00 ❑ 16456 12/01/2017 Tom Cinquegrani 1023.00 ❑ 16457 12/01/2017 Tom Lee 997.00 ❑ 16458 12/01/2017 Tuan Viet Ho 1681.00 ❑ 16459 12/01/2017 Up Hill Investment Inc. 1231.00 ❑ 16460 12/01/2017 Van T Tran 825.00 ❑ 16461 12/01/2017 Velma Alarcon Gandara 1282.00 ❑ 16462 12/01/2017 Vijay Gulati 2456.00 ❑ 16463 12/01/2017 Villa Olive Oak 539.00 0 HAPPY Software Page 5 12/11/2017 11:36:21 AM ❑ 16464 12/01/2017 Vinh H. Lai ® 889.00 ❑ 16465 12/01/2017 Vinh Hong Lai ® 2853.00 ❑ 16466 12/01/2017 Vintage West Covina ® 10667.00 ❑ 16467 12/01/2017 Virginia Carlson ® 856.00 ❑ 16468 12/01/2017 Wai Keng Tam ® 970.00 ❑ 16469 12/01/2017 West Covina Senior Villas II, LP ® 591.00 ❑ 16470 12/01/2017 West Covina Seniors Villas 1 ® 713.00 ❑ 16471 12/01/2017 William J Rogers ® 807.00 ❑ 16472 12/01/2017 Wilson Apartment Associates L.P. ® 3335.00 ❑ 16473 12/01/2017 Woodside Village Apartments LP ® 6539.00 ❑ 16474 12/01/2017 Xitlalai Sanchez ® 538.00 ❑ 16475 12/01/2017 Xuan Wang ® 1244.00 ❑ 16476 12/01/2017 Xue Fen Xu ® 1222.00 ❑ 16477 12/01/2017 Xuyen Thach Han ® 1550.00 ❑ 16478 12/01/2017 Y & H Investment, Inc. ® 1841.00 ❑ 16479 12/01/2017 Zelmira Medina ® 1390.00 ❑ 16480 12/01/2017 Zi Jian Li ® 1739.00 Total Average Unit Count Average Weighted by Unit Count Hard to House Count $381,738.92 $806.36 442 $839.49 0 HAPPY Software Page 6 12/11/2017 11:36:21 AM Sr IrAFF REPORT ... TO: �c Yyy�y��gN" NMI � V.JW nre . aTH FROM: U( DATE: w SUBJECT: ITEM NO. Honorable Mayor and City Councilmembers Rose Tam, Director of Financew December 13, 2017 TREASURER'S REPORT — OCTOBER 2017 SUMMARY Attached is the Treasurer's Report for the month of October 2017. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. FISCAL IMPACT None LEGAL REVIEW None required. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for October 2017, BACKGROUND The City's Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. CITY OF BALDWIN PARK TREASURER'S REPORT 10/31/2017 INVESTMENT INTEREST PURCHASE MATURITY DESCRIPTION' RATE DATE DATE State 13, 262.69 13, 262.69 13, 26 2.69 13, 262.69 Cilyk Itfllwf„frtaanwrnlF"nd'&anotkorSperuialtR(tAn")_,._..__....._ venue Funds 1.14% Varies Varies Housing Authority 1.14% Varies Varies Cwtiflcate of Deposit 245,000.00 245,000.00 245,000.00 243,941.60 Czipltzal Ons Bank UISA NATL ASSN 1.15% 9/14/2016 9/14/2018 Wells Fargo Bank NA SIOUX Falls 1.15% 9/14/2016 9/14/2018 JP Morgan Chase Bank NA Columbus 1.15% 9/16/2016 9116/2016 Ally Bank Midvale CTF DEP ACT1365 1.15% 9/17/2016 9/17/2016 American Express Centurion 1.60% 4/1212017 411212019 Everbank-Jacksonville 1.55% 4/16/2017 4116/2017 Fiscal Agent Funds (TrustIDebt Service Fund) Varies Varies Varies Fiscal Agent Funds -Successor Agency (Trust/Debt Service Fund Varies Varies Varies PAR CURRENT BOOK MARKET VALUE 6+RIN4l1�y1�t, VALUE VAt Utz $ 22,124,165.98 $ 22,124,165.98 $ 22,124,165.98 $ 22,124,165.98 13, 262.69 13, 262.69 13, 26 2.69 13, 262.69 22,137,426.87 22,137,428.67 mmmmm 22,137,428.67v 22,137,428.67 245,000.00 245,000.00 245,000.00 243,936.70 245,000.00 245,000.00 245,000.00 243,956.30 245,000.00 245,000.00 245,000.00 243,941.60 245,000.00 245,000.00 245,000.00 243,914.65 250,000.00 250,000.00 250,000.00 249,752.50 250,000.00 250,000.00 250,000.00 249,802.50 1,480,66.00-7 •.• 1 480 000.00 1,480,000.00 ... 1,475 304.252S 2,680,395.47 2,580,395.47 2,580,395.47 2,560,395.47 48,376.43 48,376.43 48,376.43 48,376.43 2,626,771.90 „.2,628,771.90 2,628,771.90 ................._ 2,628,771.90 � 0 $ 26 246 200.57 $ 26 246 �m .....�_�� .200.67 6 .87 26,246,200„ $ 26,241 504 82 Total Investments $ 26,246,200.57 Cash with Bank of the West City Checking�� 1,171,567.54 Money Market Plus 53,292.00 City Miscellaneous Cash 102,079.94 Successor Agency 428,792.39 Housing Authority 207,470.13 Financing Authority 0.00 Investment Brokerage 8,281,16 Total Cash with Bank of the West 1,971,463.16 Total Cash and Investments $28,217,683.73 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transaction made for the month of September 2017 and several deposits/withdrawals were made with the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: a Rose Tam Director of Finance