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HomeMy WebLinkAbout2019 01 16NOTICE AND CALL OFA SPECIAL MEETING 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, JANUARY 16, 2019 at 5:30 PM. at City Hall — 3rd 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: January 10, 2019. AFFIDAVIT OF POSTING Al( Manuel Lozano Mayor I, Lourdes Morales, Chief Deputy 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 of January 16, 2019. 44 Lourdes Morales, Chief Deputy City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING Please note time and JANUARY 16, 2019 i �at�on 5:30 PM CITY HALL — 3rd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 I-II U B, O F/ •'�► anew i SAN,GA, IR I E L 01 " tt:D JANE Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tem Alejandra Avila - Council member Paul C. Hernandez - Council member Ricardo Pacheco - Council 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 COMENTARIOS DEL PUBLICO The public is encouraged to address the City Se invita al publico a dirigirse al Concilio o cualquiera Council or any of its Agencies listed on this otra de sus Agencias nombradas en esta agenda, agenda, but only on any matter posted on this para hablar solamente sobre asunto publicado en esta agenda. If you wish to address the City Council agenda. Si usted desea la oportunidad de dirigirse al or any of its Agencies, you may do so during the Concilio o alguna de sus Agencias, podra hacerlo PUBLIC COMMUNICATIONS period noted on durante el periodo de Comentarios del Publico the agenda. Each person is allowed three (3) (Public Communications) anunciado en la agenda. A minutes speaking time. A Spanish-speaking cada persona se le permite hablar por tres (3) interpreter is available for your convenience. minutos. Hay un interprete para su conveniencia. CITY COUNCIL SPECIAL MEETING – 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tem Monica Garcia and Mayor 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 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 §54954.21 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 accion en alg(jn 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 declaraciones o preguntas hechas por personas, o 2) Didgir personal a investigar y/o fijar asuntos para tomar en consideracion en juntas proximal. (Codigo de Gobierno §54954.21 OPEN SESSION/STUDY SESSION 1. Caltrans Presentation Presentation provided by Public Works staff RECESS TO CLOSED SESSION 2. PUBLIC EMPLOYMENT (GC §54957): Position: Chief of Police 3. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: Salcedo v. City of Baldwin Park Case No. BC676398 Case Name: City of Baldwin Park v. City of Irwindale Case No. BS163400 4. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan, Jenome Research B. Property: 14551 Joanbridge Street (CAN 17-02) Negotiating Parties: City of Baldwin Park and Lih Ping Henry Liou, Baldwin Park TALE Corp. C. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. D. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17-07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. E. Property: 5117 Calmview Avenue (CAN 17-08) Negotiating Parties: City of Baldwin Park and Victor Chevez and Helen Chau, Casa Verde Group F. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park G. Property: 14837 & 14841 Ramona Boulevard (CAN 17-10) Negotiating Parties: City of Baldwin Park and Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC. H. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP I. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. J. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group K. Property: 5157 Azusa Canyon Road (CAN 17-17) Negotiating Parties: City of Baldwin Park and Mike Sandoval and Ed Barraza, Elite Green Cultivators L. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. M. Property: 13450 Brooks Drive, Unit A & C (CAN 17-27) Negotiating Parties: City of Baldwin Park and Jonathan Yuan Kai Lee, Jefferson Liou, and Jerrell Austin Shepp, Cloud Control, Inc. N. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. O. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. 5. 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): Two (2) RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy 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 of January 16, 2019. Cou'rdes Morales Chief Deputy City Clerk 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 e-mail Imoralesabaldwinnark.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) /=� BALDWIN PARK CITY COUNCIL REGULAR MEETING JANUARY 16, 2019 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 HUB OF, THE SAN/Ga,BRIEL nQ 1%AI LEY j Manuel Lozano - Mayor Monica Garcia - Mayor Pro Tem Alejandra Avila - Council Member Paul C. Hernandez - Council Member Ricardo Pacheco - Council 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 City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. 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 sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podra hacerlo 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 interprete para su conveniencia. lief, vlotl n publlr r , (r'd rk"rinng lea rl�sa� f()r (.)pen sh' n ()[ (-F„g uk")rrnr r ling ()[ c ll�C(') fnCil r`i;=,lrrF,Auted lc) s rff”' C(')ursCiI , /")OUr s'nee n g vv/11 be, [(,)r-pub11 In,s;f er:11(,)n ,Ilf' 1lall lir lt"srs �;Il„� �,lrs� rt'ess office at 14403 1 , l Iac flr, Avenue, 3rd 1 loor during norn"ial 1,, ussAirrsWti s t,so rrs (fEwlrrirr es� CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL CITY COUNCIL REGULAR MEETING — 7:00 PM Council Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco, Mayor Pro Tem Monica Garcia and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS This is to announce, as required by Government Code section 54952.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Introduction of new Human Resources Staff and Community Development Staff. • Presentation on coordinated efforts to stem Illegal Dumping 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 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 tome accion en algOn asunto a menos que sea incluido en la agenda, o a menos que exista algana emergencia o circunstancia especial. El 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 en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] City Council Agenda Page 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 — November 2018 Staff recommends that Council receive and file the Treasurer's Report: 3. Meeting Minutes Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meetings held on December 4, 2018. B. Meeting Minutes of the Regular City Council Meetings held on December 5, 2018. C. Meeting Minutes of the Special City Council Meetings held on December 19, 2018. D. Meeting Minutes of the Regular City Council Meetings held on December 19, 2018. 4. Accept Plans and Specifications, and Authorize Publishing of a Notice Inviting Bids for CIP-037, City Project No. 2018-0267, Various Street Improvements Project It is recommended that the City Council: 1. Approve the plans and specifications for the Various Street Improvements Project; and 2. Authorize staff to advertise a Notice Inviting Bids. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — November 2018 Staff recommends that Council receive and file the Treasurer's Report. SA -2 Approval of the Recognized Obligation Payment Schedule (ROPS 19-20) for the Period from July 1, 2019 to June 30, 2020 and Administrative Budget Staff recommends the City Council, as governing body of the SA: 1. Approve the ROPS 19-20 for the period of July 1, 2019 through June 30, 2020; and, 2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2019-20; and, 3. Direct staff to proceed with submitting the final ROPS 19-20 to the LA County First District Consolidated Oversight Board for approval no later than January 21,2019 -and, 4. Send the approved ROPS 19-20 to the County Executive Office, County Auditor Controller, the State Controller, and DOF by February 1, 2019; and, City Council Agenda Page 3 5. Instruct staff to post the approved ROPS 19-20 on the City's website. PUBLIC HEARING 5. A Request to the City Council from the Planning Commission on an Amendment to the Development Agreement 18-20 to Change the Location from 14726 Arrow Highway to 1516 Virginia Avenue, for a Cannabis Cultivation and Manufacturing Facility within the IC, Industrial Commercial Zone Pursuant to Ordinance 1408 (Location: 1516 Virginia Avenue; Applicant: Tier One Consulting; Case Number: DA -18-20) Staff recommends that the City hold a Public Hearing and introduce for first reading, by title only and waive further reading, Ordinance 1435, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH TIER ONE CONSULTING FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 1516 VIRGINIA AVENUE (APN 8558-029-031) WITHIN THE CITY OF BALDWIN PARK". REPORTS OF OFFICERS 6. Introduction of an Amended Ordinance to Regulate Sidewalk Vending Staff recommends that the city introduce for first reading, by title only and waive further reading, Ordinance 1436, entitled: "AN AMENDED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REGULATING THE BUSINESS OF SIDEWALK VENDING AS DEFINED BY STATE LAW. 7. Approval of an Extension to the Official Police Tow Service Franchise for Royal Coaches Staff recommends that the City Council: 1. Extend the Franchise Agreement with Royal Coaches for a term of ten years, and; 2. Authorize the Mayor to execute An Amended Franchise Agreement for Official Police Tow Services with Royal Coaches Autobody and Towing. 8. Approve and Adopt Resolution No. 2019-001 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City", and Review and Appoint Members to the Established Committees, as Appropriate Staff recommends Council review and appoint members to the positions of representatives and alternates of the established committees and organizations presented in Resolution No. 2019-001, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Mayor Lozano requests City Council discussion and direction regarding options for the State of the City program including the option of partnering with the Business Association or holding a City Sponsored event. ADJOURNMENT City Council Agenda Page 4 CERTIFICATION I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify that, 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. Dated this 10th da of January, 2019. 6 , a Lourdes Morales, Chief Deputy City Clerk 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 Imorales(cr�.baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 5 ITEM NO. / TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: January 16, 2019 L� SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payrolls for the last periods were $1,144,813.03 and the attached General Warrants Register was $1,557,686.70 for a total amount of $2,702,499.73. 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 last payrolls of the City of Baldwin Park consist of check numbers 199911 to 199969. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 11139 to 11655 for the period of December 2, 2018 through December 29, 2018, inclusive; these are presented and hereby ratified in the amount of $1,144,813.03. 2. General Warrants, with the bank drafts in the amount of $141,147.18 and checks from 222351 to 222546 in the amount of $1,416,539.52 for the period December 11, 2018 to January 7, 2019, inclusive; in the total amount of $1,557,686.70 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. 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Z==cc Z Z Z§ z O O z Q > 0 0 o > m i 6 vii awc a a� o 0 0 0 0 0 0 §cn tO��.����a��o N co N N m 0 0 .� 1l 01 0 0 Y m m m m m N. m m m a a 0 C " N N N N N .ti of m m m m 0 N N N N N N1 Ln rl ul m v1 m N c 0. a $oaaaa0000a d o P. O000000000000, u1 IA N1 t!1 Ln 01 01 a1 01 m 01 01 01 6 w 12 LG City of Baldwin Park, CA Packet: PYPKTOO865 - PP#26BW 12/20/18 Payroll Set: Payroll Set 01- 01 Payroll Check Register Checks Pay Period: 12/2/2018-12/15/2018 Em 1� ogee _m 1pyee„ft y ,Check Tie Date � � Amount Number ROBLES, VIVIANA TALAVERA 504949 Regular 12/20/2018 1,398.40 199911 GUERRERO III, EDWARD K 504853 Regular 12/20/2018 293.76 199912 HEMENWAY, MICHAEL L 0,231,,6. Regular 12/20/2018 5,045.90 199913 NUNO, FRANCISCA 503128 Regular 12/20/2018 1,850.02 199914 VELEBIL, ANDREW D 02868 Regular 12/20/2018 4,656.77 199915 VILLALOBOS, ANDRES A 94405 Regular 12/20/2018 926.29 199916 WALTON, SARAH 504946 Regular 12/20/2018 2,325.83 199917 ROONEY, KEVIN P 504775 Regular 12/20/2018 46.17 199918 SANDOVAL, ELUIO 504944 Regular 12/20/2018 385.29 199919 ALVAREZ, MARTHA P 502531 Regular 12/20/2018 816.55 199920 BESHAY, JOHN 5,04943 Regular 12/20/2018 2,809.34 199921 BRAVO, HUMBERTO 503934 Regular 12/20/2018 1,880.43 199922 BURGOS, RAMON D 503131 Regular 12/20/2018 1,112.17 199923 GOMEZ,JOSE M 504384 Regular 12/20/2018 1,460.20 199924 GOMEZ, RENE 504836 Regular 12/20/2018 453.08 199925 GRANADOS, FERNANDO 50366Q Regular 12/20/2018 1,743.28 199926 AVILA, DAVID 503353 Regular 12/20/2018 489.25 199927 DIEP, MICHELLE 504931 Regular 12/20/2018 248.68 199928 ESCOBEDO, MIRNA 50M, Regular 12/20/2018 222.26 199929 HERNANDEZ,ANAT 504821 Regular 12/20/2018 405.36 199930 HERNANDEZ, ARTURO 5 504664 Regular 12/20/2018 541.83 199931 HERNANDEZ, HECTOR 504932 Regular 12/20/2018 382.42 199932 LOPEZ, ADAM J 504337 Regular 12/20/2018 134.36 199933 MARDUENO, JENNIFER U4UE Regular 12/20/2018 12.39 199934 MARROQUIN-GONZALEZ, MIC504594 Regular 12/20/2018 245.22 199935 MEDINA, CLARISA 504934 Regular 12/20/2018 258.66 199936 NAVARRETE, APRYL 504939 Regular 12/20/2018 38.51 199937 NAVARRO, JENNIFER 504848 Regular 12/20/2018 448.25 199938 RAMIREZ, ANGELICA MICHELL504938 Regular 12/20/2018 234.91 199939 THOMAS, SARA 504945 Regular 12/20/2018 342.79 199940 VALENZUELA, RICHIE 504666 Regular 12/20/2018 328.38 199941 VILLANUEVA, FRANCISCO! 504859 Regular 12/20/2018 398.64 199942 12/19/20182:55:58 PM Page 1 of 14 City of Baldwin Park, CA Packet: PYPKTOO865 - PP#26BW 12/20/18 Payroll Set: Payroll Set 01- 01 Payroll Check Register Direct Deposits Pay Period: 12/2/2018-12/15/2018 12/19/2018 2:55:58 PM Page 2 of 14 �EmPloyee! Date _ Amount Number CABALLERO, ROSA 1 505 12/20/2018 1,910.87 11139 HSU, MARK 503011 12/20/2018 4,443.25 11140 MORALES, LOURDES (BETH 504907 12/20/2018 2,861.77 11141 MORRIS, ROBIN M 503637 12/20/2018 1,787.17 11142 MORRIS, ROBIN M 503637 12/20/2018 100.00 11142 MORTENSEN, DAVID D �504523 12/20/2018 1,900.52 11143 PALACIOS, CINDY A 503325 12/20/2018 1,816.97 11144 SERNA, CHRISTIAN 504926 12/20/2018 1,024.92 11145 THOMAS, LAURA JENEAN 504882 12/20/2018 4,356.08 11146 TRUJILLO, MELISSA B 504559 12/20/2018 1,852.30 11147 YAUCHZEE, SHANNON A 504639 12/20/2018 1,100.00 11148 YAUCHZEE, SHANNON A 50469 12/20/2018 5,085.70 11148 ANSON, MARIA TERESITA M 504845 12/20/2018 2,988.32 11149 ANSON, MARIA TERESITA M 504845 12/20/2018 100.00 11149 BADILLO, MARIA 503553 12/20/2018 20.00 11150 . BADILLO, MARIA 503553 12/20/2018 1,690.57 11150 BROELLOS, RONALD H 503330 12/20/2018 3,756.29 11151 BROELLOS, RONALD H 503330 12/20/2018 750.00 11151 CEBALLOS, ANTHONY 504854 12/20/2018 50.00 11152 CEBALLOS, ANTHONY 504854 12/20/2018 1,895.27 11152 CHAN, CHRISTOPHER L 504918 12/20/2018 651.93 11153 CHEUNG, GAVIN J 504748 12/20/2018 1,594.05 11154 HERNANDEZ, JESUS 504825 12/20/2018 1,084.91 11155 JAIME, PATRICIA A .50 12/20/2018 2,358.40 11156 LI, KAREN SHUING 504904 12/20/2018 224.17 11157 RAMOS, HANNY YVONNE 503942 12/20/2018 1,067.63 11158 RAMOS, HANNY YVONNE 503942 12/20/2018 100.00 11158 RAMOS, HANNY YVONNE 503942 12/20/2018 50.00 11158 RAMOS, HANNY YVONNE 50:52-4 12/20/2018 50.00 11158 RAMOS, HANNY YVONNE 503942 12/20/2018 500.00 11158 RIVERA, SHARON A 503090 12/20/2018 1,890.36 11159 TAM, HONG 504173 12/20/2018 500.00 11160 TAM, HONG 504173 12/20/2018 1,353.16 11160 ACUNA, ADAM S 02881 12/20/2018 4,263.60 11161 ACUNA, ADAM S 02881 12/20/2018 600.00 11161 ADAMS, JASON K 02889 12/20/2018 6,117.65 11162 ADAMS, JASON K 02889 12/20/2018 200.00 11162 ADAMS, MARK R 02826 12/20/2018 800.00 11163 ADAMS, MARK R 02826 12/20/2018 4,294.78 11163 AGREGADO, WARREN C 02872 12/20/2018 5,076.19 11164 ALARCON, OSCAR 04431 12/20/2018 2,598.19 11165 ALCAZAR, MARIO A 04425 12/20/2018 3,172.40 11166 ALVAREZ, JUU0 02874 12/20/2018 5,470.36 11167 ANAYA, SUMMER N 504857 12/20/2018 500.00 11168 ANAYA, SUMMER N .524$7_ 12/20/2018 300.00 11168 ANAYA, SUMMER N 504_857 12/20/2018 1,158.98 11168 ASENCIO, ALEX 04430 12/20/2018 2,140.21 11169 AVILA, LEONARD 02893 12/20/2018 3,625.82 11170 BARAIAS, JOSE J 02325 12/20/2018 5,615.22 11171 BARRIOS, ERNEST A 04428 12/20/2018 3,667.48 11172 BARTOLOTTI, JOSEPH D 02086 12/20/2018 5,101.53 11173 12/19/2018 2:55:58 PM Page 2 of 14 Packet: PYPKTOO865 - PP#26BW 12/20/18 Payroll Set: Payroll Set 03 - 01 Employee Employee.# Date Amount Number BERUMEN, MARK A 02873 12/20/2018 2,835.62 11174 BERUMEN, MARK A M—D. 12/20/2018 300.00 11174 BLACKBURN, SHAWN C 02338 12/20/2018 6,699.03 11175 CAMACHO, ERIC 04415 12/20/2018 3,520.68 11176 CARR, ROSARIO B 502636 12/20/2018 1,846.94 11177 CASTRO, JOSE 02892 12/20/2018 5,112.81 11178 CASTRO,JOSE M92 12/20/2018 300.00 11178 CERVANTES, NOE 02848 12/20/2018 7,406.25 11179 CETINA, GONZALO E 04412 12/20/2018 6,441.09 11180 CHICE, CARMEN C 04407 12/20/2018 5,954.20 11181 COLEY, GREGORY M 02505 12/20/2018 4,769.88 11182 DAVILA, LILIANA sQ4Q{z 12/20/2018 2,286.94 11183 DENA, PATRICIA C 503117 12/20/2018 1,463.70 11184 DENA, PATRICIA C 503117 12/20/2018 25.00 11184 DENA, PATRICIA C 5-uil7 12/20/2018 300.00 11184 ESPANTO, TED C 01791 12/20/2018 250.00 11185 ESPANTO, TED C 01791 12/20/2018 6,514.97 11185 ESPANTO, TED C 01791 12/20/2018 75.00 11185 ESPARZA, ROSA 5 552 12/20/2018 3,405.86 11186 ESPARZA, ROSA -0552. 12/20/2018 830.00 11186 ESPINOZA, CYNTHIA 5042,51 12/20/2018 2,054.90 11187 FELTON, RYAN T 04400 12/20/2018 3,532.36 11188 FINDLEY, RAYMOND E 02609 12/20/2018 9,227.93 11189 GALCERAN, MELISSA 504681 12/20/2018 1,462.28 11190 GALE, TIMOTHY A OA424, 12/20/2018 4,623.29 11191 GALLEGOS, JAMES E 02884 12/20/2018 1,000.00 11192 GALLEGOS, JAMES E 02884 12/20/2018 1,307.89 11192 GALLEGOS, JAMES E Ma -4 12/20/2018 1,600.00 11192 GAMA, MONICA 504924. 12/20/2018 1,806.98 11193 GAMBOA, OTONIEL 02870 12/20/2018 3,485.87 11194 GONZALEZ, NORMAN E 02886 12/20/2018 3,088.13 11195 HENDRICKS, JOSHUA N 02820 12/20/2018 11,364.17 11196 HENDRICKS, JOSHUA N Q2UD 12/20/2018 250.00 11196 HERRERA, MARTIN 04406 12/20/2018 3,334.52 11197 HERRERA, MARTIN 04406 12/20/2018 833.63 11197 HOENES, IRMA F 503414 12/20/2018 2,277.57 11198 HOENES, IRMA F 503414 12/20/2018 600.00 11198 HOFFORD, CHRISTOPHER P 01981 12/20/2018 6,252.49 11199 HOLGUIN, STEPHAN C 04429 12/20/2018 2,873.58 11200 HONEYCUTT, JEFFREY 02853 12/20/2018 100.00 11201 HONEYCUTT, JEFFREY 02853 12/20/2018 3,747.45 11201 HONEYCUTT, JEFFREY 02853 12/20/2018 200.00 11201 HUERTA, DIANA 503672 12/20/2018 100.00 11202 HUERTA, DIANA 503672 12/20/2018 1,830.32 11202 HUERTA, JORGE 02876 12/20/2018 2,635.50 11203 ISAGAWA, KIYOTAKE 04414 12/20/2018 2,972.38 11204 IZZO, JAMES 1 04419 12/20/2018 3,668.98 11205 JIMENEZ, JR, JOSE L 02891 12/20/2018 3,788.57 11206 KHOR, CHNEH KIAN 50425k 12/20/2018 1,808.12 11207 KLING, LISA D 5019.54 12/20/2018 2,284.16 11208 KOSAKA, DARRYL R 02004 12/20/2018 8,390.51 11209 KUBERRY, CHRISTOPHER R 02506 12/20/2018 400.00 11210 KUBERRY, CHRISTOPHER R 02506 12/20/2018 6,002.13 11210 KUBERRY, CHRISTOPHER R 025Q-62 12/20/2018 700.00 11210 LARIVEE, ROBERT L 04426 12/20/2018 1,586.13 11211 LARIVEE, ROBERT L 04426 12/20/2018 150.00 11211 LARIVEE, ROBERT L 04426 12/20/2018 1,250.00 11211 LE, TUAN N 02899 12/20/2018 5,173.17 11212 LEON, DAVID Q2.83.Q 12/20/2018 5,426.78 11213 12/19/2018 2:55:58 PM Page 3 of 14 Packet: PYPKTOO865 - PP#268W 12/20/18 Payroll Set: Payroll Set 01- 01 Em to ee .__ . _ __.__._ „ , P Y .._Employee # ._. . Date. _ . .. , ,.. . ...... Amount _ _ . .. umber LEON, THOMAS 04411 12/20/2018 2,994.93 11214 LEON, VANESSA M 504Q4.0 12/20/2018 50.00 11215 LEON, VANESSA M 504040 12/20/2018 2,423.43 11215 LOPEZ, NICHOLAS S 04416 12/20/2018 2,101.58 11216 MADSEN, DOLORES M 502043 12/20/2018 1,850.23 11217 MANJARREZ, ESTEBAN 02878 12/20/2018 3,434.41 11218 MC AVOY, TODD 0 -11EL 12/20/2018 3,280.41 11219 MC AVOY, TODD 02861 12/20/2018 200.00 11219 MEISTER, JOSEPH P 02507 12/20/2018 600.00 11220 MEISTER, JOSEPH P 02507 12/20/2018 6,415.72 11220 MONTGOMERY, JOHN M 02285 12/20/2018 1,409.06 11221 MONTGOMERY, JOHN M 02M 12/20/2018 1,600.00 11221 MORALES, KARINA 503506 12/20/2018 3,491.94 11222 MORENO, LANAE ELIZABETH 504885 12/20/2018 386.93 11223 MURILLO, SILVIA 504146 12/20/2018 1,426.30 11224 MURILLO, SILVIA 504146 12/20/2018 150.00 11224 NEWTON, DONALD 5 04408 12/20/2018 120.00 11225 NEWTON, DONALD S 04408 12/20/2018 2,652.30 11225 OGAS, RICHARD 02859 12/20/2018 238.00 11226 OGAS, RICHARD mu 12/20/2018 4,397.75 11226 OGAS, RICHARD 02859 12/20/2018 25.00 11226 ORDONEZ, CARLOS 504180 12/20/2018 1,565.09 11227 ORELLANA GALINDO, IRNE 04424 12/20/2018 242.51 11228 ORELLANA GALINDO, IRNE 04424 12/20/2018 2,182.59 11228 PALOMARES, SARAH 1 504878 12/20/2018 386.93 11229 PARNELL, DOUGLAS A 02208 12/20/2018 6,732.20 11230 PARRA, EDWIN 1 04410 12/20/2018 3,224.63 11231 PATINO, JOHNNY F 026U 12/20/2018 5,879.97 11232 PEREIDA, ELIZABETH G 503112 12/20/2018 2,244.67 11233 PEREIDA, ELIZABETH G 503112 12/20/2018 310.00 11233 PINEDA, VANESSA E 502596 12/20/2018 3,207.61 11234 REAL, FRANCISCO 1 02849 12/20/2018 3,358.62 11235 RICCHIO, GREG 5,04193 12/20/2018 1,638.96 11236 RIVEROS, SAMUEL 5 04422 12/20/2018 2,705.38 11237 RODAS, ISRAEL A 04421 12/20/2018 1,600.00 11238 RODAS, ISRAEL A 04421 12/20/2018 2,530.70 11238 RODRIGUEZ, ALEXIS 02897 12/20/2018 6,226.53 11239 ROOT, WILLIAM R 01852 12/20/2018 3,245.15 11240 RUBIO, LILIANA 502643 12/20/2018 3,618.23 11241 SAENZ, KRYSTAL 503589 12/20/2018 100.00 11242 SAENZ, KRYSTAL 503589 12/20/2018 1,371.08 11242 SANTIAGO, KIMBERLY 504685 12/20/2018 1,157.97 11243 SANTIAGO, KIMBERLY 504685 12/20/2018 1,157.97 11243 SERRANO, JESSICA R 42896 12/20/2018 3,573.17 11244 SERRAT0, JUAN C 02841 12/20/2018 5,145.98 11245 TAPIA, EDWIN 02880 12/20/2018 4,938.51 11246 TAYLOR, MICHAEL R 01586 12/20/2018 6,528.55 11247 TAYLOR, MICHAEL R 01586 12/20/2018 625.00 11247 TRINIDAD, STEVEN 5Q4894 12/20/2018 1,056.47 11248 TRINIDAD, STEVEN 504894 12/20/2018 1,056.47 11248 VALDEZ, JANICE M 504819 12/20/2018 420.20 11249 VALDIVIA, LUIS 02823 12/20/2018 3,498.96 11250 WENER, PHILLIP R 04401 12/20/2018 3,278.92 11251 ZENDEJAS, WILLIAM 02875. 12/20/2018 2,875.26 11252 AGUILERA, LAURA V 502796 12/20/2018 1,576.05 11253 AGUILERA, LISETH 504113 12/20/2018 1,704.18 11254 AGUINAGA, NINA M 504601 12/20/2018 125.00 11255 AGUINAGA, NINA M 504601 12/20/2018 1,432.29 11255 BRAVO, MICHELLE MQ9-z 12/20/2018 1,782.84 11256 12/19/2018 2:55:58 PM Page 4 of 14 Packet: PYPKTOO865 - PP#26BW 12/20/18 Payroll Set: Payroll Set 01- 01 Employee Employee #,.__ Date., . ............ Amount ... Number _.,,. r CHIPRES, MELISSA 504 12/20/2018 794.21 11257 FIERRO, LAURA OA 99 12/20/2018 1,661.25 11258 FLORES, EDITH 504568 12/20/2018 46.17 11259 GAGE, SEAN M 504746 12/20/2018 2,146.06 11260 GARCIA, RONALD ROSS 504937 12/20/2018 300.00 11261 GARCIA, RONALD ROSS 504937 12/20/2018 100.00 11261 GARCIA, RONALD ROSS 59.4„037 12/20/2018 500.00 11261 GARCIA, RONALD ROSS 504937 12/20/2018 2,053.66 11261 MACIELJR, MARIO 504630 12/20/2018 46.17 11262 MARTINEZ, BENJAMIN 50494,1, 12/20/2018 3,735.61 11263 MOTA, NANCY 503271 12/20/2018 2,538.61 11264 RUELAS, SUZANNE 5019 l 12/20/2018 500.00 11265 RUELAS, SUZANNE 501991 12/20/2018 2,304.90 11265 RUELAS, SUZANNE 501991 12/20/2018 500.00 11265 SAENZ, CHRISTOPHER I .5247.x1. 12/20/2018 46.17 11266 SALCEDA, FABIOLA 503523 12/20/2018 1,532.51 11267 TANG, LONG 1504940 12/20/2018 0.00 11268 TANG, LONG 504940 12/20/2018 3,540.95 11268 TERAN, MICHAEL 50.3725 12/20/2018 2,239.11 11269 VIRAMONTES, VICTOR H 504749- 12/20/2018 2,518.91 11270 WASHINGTON, ESTHER M 504815 12/20/2018 753.23 11271 AGUIRRE, CARLOS A 503624 12/20/2018 2,012.19 11272 ARREZOLA, ABRAHAM JR. 504893 12/20/2018 1,048.11 11273 CALDERA, MARK D 504769 12/20/2018 1,209.44 11274 CARDIEL, TIMOTHY A 502579 12/20/2018 2,507.38 11275 CESENA, ART F 502482 12/20/2018 1,599.50 11276 COUCHMAN, STEPHEN J 501544 12/20/2018 2,996.03 11277 DITTO, ADAM W 504661 12/20/2018 1,801.11 11278 FERNANDEZ, DAVID JOHN 504929 12/20/2018 486.56 11279 FIDLER, CHASE JACOB 504868 12/20/2018 1,944.03 11280 GARCIA, IGNACIO 504192 12/20/2018 1,020.21 11281 GUTIERREZ, SAMUEL 504698 12/20/2018 2,734.61 11282 GUTIERREZ, SAMUEL 50459$ 12/20/2018 1,500.00 11282 KINMAN, TIM 502492 12/20/2018 253.66 11283 LICITRA, GUISEPPE A 503935 12/20/2018 2,945.81 11284 LICITRA, GUISEPPE A 503 12/20/2018 100.00 11284 LLAMAS, GABRIEL 504832 12/20/2018 1,110.10 11285 LOPEZ, DAVID 503460 12/20/2018 5,436.55 11286 LOPEZ, DAVID 503460 12/20/2018 220.50 11286 MACHUCA, DAVID 504701 12/20/2018 422.35 11287 MAGALLANES, CESAR J 50,3369 12/20/2018 60.00 11288 MAGALLANES, CESAR J 503369 12/20/2018 923.63 11288 MARTINEZ, GEORGE 502265 12/20/2018 2,353.81 11289 MARTINEZ, GEORGE 502.255 12/20/2018 650.00 11289 MARTINEZ, RUBEN R 504720 12/20/2018 457.90 11290 MCENTEE, JOSEPH C 504254 12/20/2018 454.27 11291 MEDINA, MARIO 502558 12/20/2018 1,289.56 11292 MEDINA, MARIO 502558 12/20/2018 100.00 11292 MEZA, LAWRENCE R SO -454_Q 12/20/2018 1,110.48 11293 NOVOA, STEVEN A 504745 12/20/2018 1,270.67 11294 PALACIOS, STEVEN 504752 12/20/2018 870.04 11295 PENA, RAFAEL 503339 12/20/2018 240.00 11296 PENA, RAFAEL 503339 12/20/2018 1,428.10 11296 PENA, RAFAEL 50M 12/20/2018 20.00 11296 REYES, JOSHUA 504933 12/20/2018 417.91 11297 ROMERO, JONATHAN 504171 12/20/2018 1,256.57 11298 RUBIO, FERNANDO 503556 12/20/2018 3,232.41 11299 VALVERDE, VICTORIA 502176 12/20/2018 350.00 11300 VALVERDE, VICTORIA :5Q?..1.7.6- 12/20/2018 3,575.10 11300 12/19/2018 2:55:58 PM Page 5 or 14 Packet: PYPKTOO865 - PP#26BW 12/20/18 Payroll Set: Payroll Set 01- 01 Employee , _ . ......-1111111 -_Date......_ .............. Amount Number VARGAS, GUILLERMO G 5U4721 12/20/2018 443.67 11301 VAZQUEZ, ANTONIO 50312.0 12/20/2018 400.50 11302 VAZQUEZ, ANTONIO 503120 12/20/2018 4,287.55 11302 ACEVEDO, JUAN CARLOS H 504598 12/20/2018 379.42 11303 AGUILAR, ANNAIMEE 504919 12/20/2018 622.71 11304 ALCALA-QUEZADA, LORENZO ALEXAP504872 12/20/2018 268.33 11305 ALEXANDER, TERESA A 5.0AZ16 12/20/2018 623.27 11306 ALVAREZ, LIUANA 504930 12/20/2018 988.42 11307 ARENAS, LIUA 504880 12/20/2018 233.66 11308 ARENAS, LILIA 504880 12/20/2018 25.00 11308 AREVALO, KIMBERLY Y 504723 12/20/2018 449.95 11309 BACA 11, JESUS 5,041.83 12/20/2018 1,077.28 11310 BADILLO, JOCELYN 544637 12/20/2018 541.28 11311 BARALES-CARAVANTES, THELMA Y 502439 12/20/2018 322.77 11312 CABRERA, NATALIE 504608 12/20/2018 82.59 11313 CANONGO, LEONEL 50462$ 12/20/2018 253.64 11314 CARBAJAL, VANESSA 503320 12/20/2018 100.00 11315 CARBAIAL, VANESSA 503320 12/20/2018 1,363.69 11315 CARRILLO, JOHN J 503834 12/20/2018 412.36 11316 CARRILLO, JR, MANUEL 502527 12/20/2018 4,022.65 11317 CARRILLO, JR, MANUEL 502527 12/20/2018 1,000.00 11317 CASAS, DENISE 504910 12/20/2018 264.04 11318 CERVANTES, MARK 51,87 12/20/2018 155.80 11319 CHACON, MELINDA K 504917 12/20/2018 224.05 11320 CHAPLIN, FARRAKH M 54. 7. _Q 12/20/2018 83.38 11321 CHAVEZ, MARIA B 503275 12/20/2018 628.12 11322 CLARK, ADRIANA L 503903 12/20/2018 600.04 11323 CORTEZ-DURAN, DORA N 504520 12/20/2018 193.99 11324 COX, MATTHEW A 504784 12/20/2018 330.48 11325 CRELENCIA, JASON 504814 12/20/2018 874.30 11326 DANIEL-MALDONADO,TYLER VANE5504869 12/20/2018 309.90 11327 DOROTEO FELICIANO, ALMA GLORIA 5048644 12/20/2018 172.81 11328 ESPINOSA, FRANCISCO 544 1.1. 12/20/2018 610.80 11329 ESPINOSA, FRANCISCO 50431 12/20/2018 75.00 11329 FARIAS, ANDREW 504233 12/20/2018 251.51 11330 GARCIA, IRMA 502059 12/20/2018 2,176.18 11331 GARCIA, IRMA 502059 12/20/2018 840.00 11331 GARCIA, RICARDO JAVIER 504886 12/20/2018 427.47 11332 GOMEZ, GABRIELA 5,()4905 12/20/2018 205.13 11333 GUTIERREZ, ALFRED R 502628 12/20/2018 457.68 11334 GUTIERREZ, ARIANA JANELL 2_405 12/20/2018 259.29 11335 GUTIERREZ, CARLA F 50451.3 12/20/2018 203.22 11336 GUTIERREZ, THOMAS R 504584 12/20/2018 48.02 11337 GUZMAN JR., OSCAR 504665 12/20/2018 384.13 11338 HERNANDEZ NAVARRO, RAMON 504198 12/20/2018 2,769.20 11339 HERNANDEZ, ANNALI RAQUEL 504884 12/20/2018 351.48 11340 HERNANDEZ, HELEN M 502544 12/20/2018 1,283.55 11341 HERNANDEZ, HELEN M 502544 12/20/2018 950.00 11341 HUYNH, DESTINY SQ4,8a 12/20/2018 240.60 11342 JIMENEZ, CAROLINA 504844 12/20/2018 470.34 11343 JIMENEZ, EMILIANO 504797 12/20/2018 300.76 11344 LANDIN, GEORGE 504866 12/20/2018 306.88 11345 LARA, ALFREDO JR. 504390 12/20/2018 698.83 11346 LARA, ANTONIA 503503 12/20/2018 281.84 11347 LAWS, ANGELA R 504341 12/20/2018 366.58 11348 LOPEZ, RICHARD 504909 12/20/2018 377.50 11349 LUPIAN, MARIANA 504875 12/20/2018 343.42 11350 MARTINEZ, JAMIE 1 504551 12/20/2018 367.83 11351 MEDIANO, ELIAS D ,5.04-6 12/20/2018 340.98 11352 12/19/2018 2:55:58 PM Page 6 of 14 Packet: PYPKTOO865 - PP#26BW 12/20/18 Payroll Set: Payroll Set 01- 01 Employee Employee #Date .._ _ _ , Amount ..___. Number_ MONGE, SYRISA 504927 12/20/2018 230.46 11353 MONTALVO, DENISE0.3729 12/20/2018 1,434.01 11354 MORA, ALONDRA R 504852 12/20/2018 432.86 11355 MORENO, FELICIANO J 504792 12/20/2018 634.21 11356 MORENO, MARIA 502322 12/20/2018 1,022.00 11357 MORENO, MARIA 502322 12/20/2018 2,868.22 11357 MUCINO, ALICE 34469.5 12/20/2018 199.03 11358 NAVA, ARMANDO H 503121 12/20/2018 50.00 11359 NAVA, ARMANDO H 50312.1 12/20/2018 1,709.42 11359 NGUYEN, DANIEL V 504846 12/20/2018 502.51 11360 OGAZ, TAMARAH Y 504$5 12/20/2018 118.55 11361 OROZCO, ANTHONY F 5,Q48.1E 12/20/2018 292.26 11362 PALOMAREZ, KHRYSTINA 504261 12/20/2018 215.98 11363 RAMOS, HENRY 504855 12/20/2018 457.61 11364 REYES, ALICE E 5Q-4-0-6 12/20/2018 133.63 11365 REYES, ARLENE 304619 12/20/2018 394.51 11366 RICO, JUAN A 504783 12/20/2018 358.19 11367 RIVERA, JESSICA R 504801 12/20/2018 351.48 11368 ROACHO, NATALIE 504881 12/20/2018 425.39 11369 ROBLES, PAUUNA ISABEL 504M 12/20/2018 402.49 11370 RODRIGUEZ, BENJAMIN 504544 12/20/2018 162.66 11371 ROJO, APRIL M 503497 12/20/2018 1,547.86 11372 ROMAN-MATA, FERNANDO 504716 12/20/2018 220.28 11373 ROSALES, LUIS M 504411 12/20/2018 335.17 11374 RUIZ, ARLENE 504800, 12/20/2018 354.86 11375 RUIZESPARZA,YURIKO 504761 12/20/2018 3,903.62 11376 SAENZ, ALEXANDRA 504407 12/20/2018 157.45 11377 SAINZ, FELIX A 5DAK9 12/20/2018 536.27 11378 SALAS, MICHAEL A 501388 12/20/2018 2,665.82 11379 SALES, RAMIL D 504268 12/20/2018 678.65 11380 SANCHEZ, ARIEL 504803 12/20/2018 64.66 11381 SANCHEZ, SARA 504343 12/20/2018 538.86 11382 SILVA RODRIGUEZ, CHRISTOPHER 5k4.Zf& 12/20/2018 340.98 11383 SOTO, EMANUEL H 504800 12/20/2018 355.95 11384 SOTO, JESICA N 504718 12/20/2018 290.42 11385 TERRON-ZAMUDIO, VIKY 5048 12/20/2018 174.36 11386 TORRES, (VETTE 504101 12/20/2018 928.98 11387 URBINA, CLAUDIA 503374 12/20/2018 415.55 11388 VALLES, EILEEN 503 12/20/2018 298.81 11389 VARGAS, LINDA 504175 12/20/2018 551.66 11390 VASQUEZ, GUSTAVO A 5043$0 12/20/2018 745.14 11391 VASQUEZ,JESSICA 504272 12/20/2018 709.01 11392 VAZQUEZ, VANESSA 504787 12/20/2018 107.77 11393 VELASCO, ALAN 504839 12/20/2018 457.96 11394 VIRGEN, BRYAN E 504847 12/20/2018 457.61 11395 ZAMARRIPA, JANET 50473. 12/20/2018 310.10 11396 ZHAO, ZHIFU 304914 12/20/2018 179.57 11397 ROBLES, VIVIANA TALAVERA 504949 12/20/2018 0.00 199911 VILLALOBOS, ANDRES A 04405 12/20/2018 2,778.88 199916 VILLALOBOS, ANDRES A 04405 12/20/2018 0.00 199916 WALTON, SARAH 504946 12/20/2018 0.00 199917 SANDOVAL, EUJIO 504944 12/20/2018 0.00 199919 ALVAREZ, MARTHA P 502531 12/20/2018 972.00 199920 BESHAY, JOHN 5.0_493 12/20/2018 0.00 199921 BURGOS, RAMON D 503131 12/20/2018 255.00 199923 MEDINA, CLARISA 504934 12/20/2018 0.00 199936 12/19/2018 2:55:58 PM Page 7 of 14 City of Baldwin Park, CA Packet: PYPKT00865 - PP#26BW 12/20/18 Payroll Set: Payroll Set 01- 01 T e Count Amount Regular Checks 32 31,935.39 Manual Checks 0 0.00 Reversals 0 0.00 Voided Checks 0 0.00 Direct Deposits 343 562,816.11 Total 375 594 751.50 Payroll Check Register Report Summary Pay Period: 12/2/2018-12/15/2018 12/19/2018 2:55:58 Pill Page 14 of 14 City of Baldwin Park, CA Packet: PYPKT00876 R. LARIVEE TO CORRECT OT RATE ON PP#26 Payroll Set: Payroll Set 01- 01 Payroll Check Register Checks Pay Period: 12/2/2018-12/15/2018 Emplo eee w Te - Empt9y" # ,_ Check Tie eV O e Date w _ ,., Amount _. Number LARIVEE, ROBERT L 04426 Correction Payment 12/20/2018 683.66 199943 12/20/2018 6:02:31 PM Page 1 of 4 City of Baldwin Park, CA Payroll Check Register Report Summary Pay Period: 12/2/2018-12/15/2018 12/20/2018 6:02:31 PM Page 4 of 4 Amount Regular Checks 1 683.66 Manual Checks 0 0.00 Reversals 0 0.00 Voided Checks 0 0.00 t Deposits Direct , m ... 0 0.00 Total 683.66 Payroll Check Register Report Summary Pay Period: 12/2/2018-12/15/2018 12/20/2018 6:02:31 PM Page 4 of 4 City of Baldwin Park, CA Packet: PYPKT00878-PP#01CC 01/02/19 Payroll Set: Payroll Set 01- 01 Payroll Check Register Checks Pay Period: 12/1/2018-12/31/2018 Em-Ployee _ _ Employee # _„y. Check Type Date Amount Number AYALA, JEAN M 504782 Regular 01/02/2019 2,391.35 199944 HERNANDEZ, PAUL C 50j. Regular 01/02/2019 2,457.77 199945 12/31/201812:00:07 PM Page 1 of 4 City of Baldwin Park, CA Packet: PYPKTOO878-PP#01CC 01/02/19 Payroll Set: Payroll Set 01- 01 Payroll Check Register Direct Deposits Pay Period: 12/1/2018-12/31/2018 Etrployee. _.,_... _._ _. .,._ Employee# _._..Date Amount Number "ILA, ALEJANDRA 504301 01/02/2019 _ ,_......_,.... ..,.__.,.,. 2,697.56 11398 GARCIA, RAQUEL MONICA 50554. 01/02/2019 2,329.45 11399 LOZANO, MANUEL 502501 01/02/2019 2,488.78 11400 PACHECO, RICARDO 503095 01/02/2019 150.00 11401 PACHECO, RICARDO 50309,S, 01/02/2019 2,271.79 11401 CONTRERAS, MARIA A 503446 01/02/2019 2,023.75 11402 AYALA, JEAN M K4M 01/02/2019 0.00 199944 HERNANDEZ, PAUL C 504947 01/02/2019 0.00 199945 12/31/201812:00:07 PM Page 2 of 4 City of Baldwin Park, CA Packet: PYPKT00878-PP#O1CC 01/02/19 Payroll Set: Payroll Set 01- 01 ja!Ee........._._._. Count„ Amount Regular Checks 2 4,849,12 Manual Checks 0 0.00 Reversals 0 0.00 Voided Checks 0 0.00 Direct Deposits 8 11,961.33 Total 30 16,810.45 Payroll Check Register Report Summary Pay Period: 12/1/2018-12/31/2018 12/31/2018 12:00:07 PM Page. 4 of 4 City of Baldwin Park, CA Packet: PYPKT00881- PMIBW 01/03/19 Payroll Set: Payroll Set 01- 01 Payroll Check Register Checks Pay Period: 12/16/2018-12/29/2018 Employee Employee # Check Tyke M, Date Amount Number ASENCIO, ALEX 04430 Regular 01/03/2019 2,530.58 199946 GUERRERO III, EDWARD K 5Q.4.. Regular 01/03/2019 386.93 199947 HEMENWAY, MICHAEL L 02318 Regular 01/03/2019 4,515.78 199948 NUNO, FRANCISCA 5.Q312R Regular 01/03/2019 2,763.51 199949 VELEBIL, ANDREW D Q2868 Regular 01/03/2019 3,833.81 199950 ALVAREZ, MARTHA P 502531 Regular 01/03/2019 816.55 199951 BRAVO, HUMBERTO 50.9.14 Regular 01/03/2019 1,513.28 199952 BURGOS, RAMON D KIM. Regular 01/03/2019 1,112.16 199953 GOMEZ, JOSE M 5043M Regular 01/03/2019 1,460.20 199954 GOMEZ, RENE 5.04.836 Regular 01/03/2019 453.08 199955 GRANADOS, FERNANDO 503660 Regular 01/03/2019 1,723.57 199956 AVILA, DAVID 5,03a,5,3 Regular 01/03/2019 187.11 199957 DIEP, MICHELLE 504931 Regular 01/03/2019 207.24 199958 ESCOBEDO, MIRNA 5Q3379 Regular 01/03/2019 262.31 199959 FLORES, CRISTIAN 50.494 Regular 01/03/2019 49.53 199960 HERNANDEZ, ANA T 504821 Regular 01/03/2019 455.75 199961 HERNANDEZ, ARTURO S 5,4664 Regular 01/03/2019 448.02 199962 HERNANDEZ, HECTOR 5QAEU. Regular 01/03/2019 295.78 199963 MARDUENO, JENNIFER 504916 Regular 01/03/2019 12.39 199964 NAVARRETE, APRYL ,5..0-49..39 Regular 01/03/2019 249.63 199965 NAVARRO, JENNIFER 5Q4848 Regular 01/03/2019 380.97 199966 RAMIREZ, ANGELICA MICHEIIsQ4938 Regular 01/03/2019 210.39 199967 THOMAS, SARA 5.Q414,,. Regular 01/03/2019 352.60 199968 VILLANUEVA, FRANCISCO 1 5048,59 Regular 01/03/2019 321.77 199969 1/2/2019 2:52:10 PM Page 1 of 13 City of Baldwin Park, CA Packet: PYPKTOO881- PP#01BW 01/03/19 Payroll Set: Payroll Set 01- 01 Payroll Check Register Direct Deposits Pay Period: 12/16/2018-12/29/2018 Emcee _ _Employee # ..__.._ .......,,, Date..,Amount ...,....._ .. _,. ,. Number AYALA, JEAN M 504782 01/03/2019 49.27 11403 CABALLERO, ROSA 1 5.0.353 01/03/2019 1,960.60 11404 HSU, MARK 503011 01/03/2019 1,923.66 11405 MORALES, LOURDES IBETH 504997 01/03/2019 2,861.77 11406 MORRIS, ROBIN M 591uz 01/03/2019 100.00 11407 MORRIS, ROBIN M 503637 01/03/2019 1,673.03 11407 MORTENSEN, DAVID D S,Q452.3 01/03/2019 1,838.22 11408 PALACIOS, CINDY A 5.QQ--z5. 01/03/2019 1,034.00 11409 ROBLES, VIVIANA TALAVERAQ449 01/03/2019 2,031.48 11410 SERNA, CHRISTIAN 504926 01/03/2019 532.26 11411 THOMAS, LAURA JENEAN 5048 01/03/2019 4,356.08 11412 TRUJILLO, MELISSA B 5.0.455, 01/03/2019 1,868.32 11413 YAUCHZEE, SHANNON A 59409 01/03/2019 4,952.65 11414 YAUCHZEE, SHANNON A 504639 01/03/2019 1,100.00 11414 ANSON, MARIA TERESITA M .5.04B-45. 01/03/2019 100.00 11415 ANSON, MARIA TERESITA M 504845 01/03/2019 2,973.34 11415 BADILLO, MARIA 50355.E 01/03/2019 20.00 11416 BADILLO, MARIA 5 53 01/03/2019 1,888.67 11416 BROELLOS, RONALD H 503330 01/03/2019 750.00 11417 BROELLOS, RONALD H ,.5.Q.Q 01/03/2019 1,395.60 11417 CEBALLOS, ANTHONY 504854 01/03/2019 1,870.63 11418 CEBALLOS, ANTHONY 594.$54. 01/03/2019 50.00 11418 CHAN, CHRISTOPHER L S.04at,.$. 01/03/2019 395.67 11419 CHEUNG, GAVIN J 504748 01/03/2019 1,594.05 11420 HERNANDEZ, JESUS .5.Q432-5 01/03/2019 1,084.91 11421 JAIME, PATRICIA A 50,24$ .. 01/03/2019 2,286.27 114.22 U, KAREN SHIJING 50.4904 01/03/2019 174.19 11423 RAMOS, HANNY YVONNE 5.0.3.942. 01/03/2019 50.00 11424 RAMOS, HANNY YVONNE 5.03942 01/03/2019 500.00 11424 RAMOS, HANNY YVONNE 5U9-4. 01/03/2019 100.00 11424 RAMOS, HANNY YVONNE 5039 01/03/2019 50.00 11424 RAMOS, HANNY YVONNE 50,E 01/03/2019 1,093.36 11424 RIVERA, SHARON A 5,.0.0.x„9, 01/03/2019 2,182.17 11425 TAM, HONG .5Q4"7 , 01/03/2019 500.00 11426 TAM, HONG D4 21 01/03/2019 5,068.42 11426 ACUNA, ADAM S U8..{}.1 01/03/2019 600.00 11427 ACUNA, ADAM 5 02881 01/03/2019 2,799.47 11427 ADAMS, JASON K 02889 01/03/2019 200.00 11428 ADAMS, JASON K Q2M 01/03/2019 4,085.91 11428 ADAMS, MARK R 02826 01/03/2019 5,623.69 11429 ADAMS, MARK R Q.i,i_ 01/03/2019 800.00 11429 AGREGADO, WARREN C Q„2#,_7,2 01/03/2019 4,083.90 11430 ALARCON, OSCAR 04431 01/03/2019 3,143.77 11431 ALCAZAR, MARIO A Q4425. 01/03/2019 3,872.81 11432 ALVAREZ, JULIO 02874 01/03/2019 7,095.92 11433 ANAYA, SUMMER N 59AEU 01/03/2019 500.00 11434 ANAYA, SUMMER N 0AE57 01/03/2019 300.00 11434 ANAYA, SUMMER N 504 01/03/2019 1,328.97 11434 AVILA, LEONARD Q.2.89,5 01/03/2019 3,695.81 11435 BARAIAS, JOSE 1 02325 01/03/2019 4,809.79 11436 BARRIOS, ERNEST A Q442$ 01/03/2019 3,458.09 11437 1/2/2019 2:52:10 PM Page 2 of 13 Packet: PYPKT00881- PP#018W 01/03/19 Payroll Set: Payroll Set 01- 03 Employee,__ Employee# Date Amount Number BARTOLOTTI, JOSEPH D Qz0_5 01/03/2019 5,101.52 11438 BERUMEN, MARK A 02873 01/03/2019 2,835.63 11439 BERUMEN, MARK A 02.$.7_x. 01/03/2019 300.00 11439 BLACKBURN, SHAWN C 02338 01/03/2019 5,476.22 11440 CAMACHO, ERIC 04415 01/03/2019 2,761.72 11441 CARR, ROSARIO B 0200. 01/03/2019 2,386.61 11442 CASTRO,JOSE 0289. 01/03/2019 2,596.75 11443 CASTRO,JOSE x$92. 01/03/2019 300.00 11443 CERVANTES, NOE 02848 01/03/2019 2,936.54 11444 CETINA, GONZALO E 04412 01/03/2019 4,018.18 11445 CHICE, CARMEN C 944.02, 01/03/2019 4,905.09 11446 COLEY, GREGORY M Q26. 01/03/2019 4,945.72 11447 DAVILA, LILIANA 5-Q4052 01/03/2019 2,697.56 11448 DENA, PATRICIA CQ_aG� 7 01/03/2019 1,463.69 11449 DENA, PATRICIA C 503112 01/03/2019 300.00 11449 DENA, PATRICIA CQ'�.1.1,.Z. 01/03/2019 25.00 11449 ESPANTO, TED C .1721 01/03/2019 75.00 11450 ESPANTO, TED C 01791 01/03/2019 5,054.63 11450 ESPANTO, TED C Q1,79.1 01/03/2019 250.00 11450 ESPARZA, ROSA 503552 01/03/2019 830.00 11451 ESPARZA, ROSA 5..3552 01/03/2019 3,660.59 11451 ESPINOZA, CYNTHIA 5042.51. 01/03/2019 1,876.40 11452 FELTON, RYAN T x440 -Q 01/03/2019 4,035.47 11453 FINDLEY, RAYMOND E Q260- 01/03/2019 6,140.38 11454 GALCERAN, MELISSA A 504681 01/03/2019 1,462.28 11455 GALE, TIMOTHY A 04420 01/03/2019 3,136.22 11456 GALLEGOS, JAMES E 0$4 01/03/2019 1,600.00 11457 GALLEGOS, JAMES E 02884. 01/03/2019 11000.00 11457 GALLEGOS, JAMES E Q.2.8 -a4 01/03/2019 2,183.30 11457 GAMA, MONICA 5049.24 01/03/2019 1,873.77 11458 GAMBOA, OTONIEL 0270 01/03/2019 4,003.41 11459 GONZALEZ, NORMAN E .0.2.U.6. 01/03/2019 4,653.10 11460 HENDRICKS, JOSHUA N 02820 01/03/2019 4,112.57 11461 HENDRICKS, JOSHUA N Q,2m 01/03/2019 250.00 11461 HERRERA, MARTIN Q440L 01/03/2019 2,913.66 11462 HERRERA, MARTIN 04406 01/03/2019 728.42 11462 HOENES, IRMA F .5.0,341-4 01/03/2019 689.01 11463 HOENES, IRMA F 5QAlr4 01/03/2019 600.00 11463 HOFFORD, CHRISTOPHER P 04.a 01/03/2019 4,178.79 11464 HOLGUIN,STEPHAN C 044a 01/03/2019 2,892.10 11465 HONEYCUTT, JEFFREY 02853 01/03/2019 200.00 11466 HONEYCUTT, JEFFREY 02-U.3. 01/03/2019 100.00 11466 HONEYCUTT, JEFFREY M51 01/03/2019 3,119.41 11466 HUERTA, DIANA 50,3672 01/03/2019 1,830.32 11467 HUERTA, DIANA 50.6.72. 01/03/2019 100.00 11467 HUERTA, JORGE 0.2876 01/03/2019 2,635.50 11468 ISAGAWA, KIYOTAKE 04414 01/03/2019 3,746.30 11469 IZZO, JAMES J -4412 01/03/2019 3,068.77 11470 JIMENEZ, JR, JOSE L 02891 01/03/2019 2,793.60 11471 KHOR, CHNEH KIAN 50.465L. 01/03/2019 2,132.79 11472 KLING, LISA D 501954 01/03/2019 645.56 11473 KOSAKA, DARRYL R 02004 01/03/2019 4,742.59 11474 KUBERRY, CHRISTOPHER R 025..9,6, 01/03/2019 700.00 11475 KUBERRY, CHRISTOPHER R Q2506 01/03/2019 400.00 11475 KUBERRY, CHRISTOPHER R Q25 -0f, 01/03/2019 3,828.86 11475 LARIVEE, ROBERT L DA4 2.6, 01/03/2019 150.00 11476 LARIVEE, ROBERT L 04426 01/03/2019 1,250.00 11476 LARIVEE, ROBERT L 0.4426. 01/03/2019 2,727.50 11476 LE, TUAN N 02899 01/03/2019 5,787.80 11477 1/2/2019 2:52:10 PM Page 3 of 13 Packet: PYPKTOO881- PP#01BW 01/03/19 Payroll Set: Payroll Set 01 - OS Employee , Employee # Date Amount Number LEON, DAVID Q2$ 01/03/2019 3,644.82 11478 LEON, THOMAS 01/03/2019 3,589.31 11479 LEON, VANESSA M,Q404,Q, 01/03/2019 1,923.17 11480 LEON, VANESSA M 804940 01/03/2019 50.00 11480 LOPEZ, NICHOLAS S 04416 01/03/2019 2,763.06 11481 MADSEN, DOLORES M �_4 01/03/2019 1,850.23 11482 MANJARREZ, ESTEBAN 02878 01/03/2019 4,042.14 11483 MC AVOY, TODD �2.8� 01/03/2019 3,280.41 11484 MC AVOY, TODD 0.2861 01/03/2019 200.00 11484 MEISTER, JOSEPH P 02507 01/03/2019 3,745.82 11485 MEISTER, JOSEPH P 425,02.. 01/03/2019 600.00 11485 MONTGOMERY, JOHN M 02285 01/03/2019 11600.00 11486 MONTGOMERY, JOHN M Q22B5 01/03/2019 2,322.20 11486 MORALES, KARINA 5M.OQ6. 01/03/2019 3,969.06 11487 MORENO, JANAE ELIZABETH05 4885 01/03/2019 386.93 11488 MURILLO, SILVIA 504.141G.. 01/03/2019 150.00 11489 MURILLO, SILVIA 504145 01/03/2019 1,554.72 11489 NEWTON, DONALD S 94408 01/03/2019 120.00 11490 NEWTON, DONALD S O44— 0. 01/03/2019 2,973.06 11490 OGAS, RICHARD 02859 01/03/2019 238.00 11491 OGAS, RICHARD 02859 01/03/2019 25.00 11491 OGAS, RICHARD Q2�`�.9 01/03/2019 3,257.94 11491 ORDONEZ, CARLOS .5-041_$9 01/03/2019 1,718.66 11492 ORELLANA GALINDO, IRNE Q4424, 01/03/2019 326.42 11493 ORELLANA GALINDO, IRNE 04424 01/03/2019 2,937.82 11493 PALOMARES, SARAH I 504878 01/03/2019 386.93 11494 PARNELL, DOUGLAS A 02,208 01/03/2019 4,695.81 11495 PARRA, EDWIN 1 04410 01/03/2019 3,788.46 11496 PATINO, JOHNNY F 022.U.5.. 01/03/2019 S,301.47 11497 PEREIDA, ELIZABETH G 503112 01/03/2019 2,831.45 11498 PEREIDA, ELIZABETH G 503112 01/03/2019 310.00 11498 PINEDA, VANESSA E 5.0.259. 01/03/2019 2,082.20 11499 REAL, FRANCISCO J 02849 01/03/2019 4,248.99 11500 RICCHIO, GREG SO419Q 01/03/2019 1,638.96 11501 RIVEROS, SAMUEL S 0442 01/03/2019 3,198.07 11502 RODAS, ISRAEL A 04421 01/03/2019 1,600.00 11503 RODAS, ISRAEL A 0.4421 01/03/2019 6,456.15 11503 RODRIGUEZ, ALEXIS O . 01/03/2019 3,327.27 11504 ROOT, WILLIAM R 0.1_$-U 01/03/2019 4,037.03 11505 RUBIO, LILIANA 5D2641 01/03/2019 2,666.06 11506 SAENZ, KRYSTAL 503 01/03/2019 100.00 11507 SAENZ, KRYSTAL .5.0.5.2.9. 01/03/2019 1,337.71 11507 SANTIAGO, KIMBERLY U46- 01/03/2019 1,028.88 11508 SANTIAGO, KIMBERLY S.Q46.0 01/03/2019 1,028.88 11508 SERRANO, JESSICA R 02&9.6 01/03/2019 4,436.81 11509 SERRATO, JUAN C 02841 01/03/2019 4,032.17 11510 TAPIA, EDWIN 02880 01/03/2019 4,375.36 11511 TAYLOR, MICHAEL R 4.10$5 01/03/2019 625.00 11512 TAYLOR, MICHAEL R 01586 01/03/2019 17,012.76 11512 TRINIDAD, STEVEN 5040-4 01/03/2019 1,088.02 11513 TRINIDAD, STEVEN 4 01/03/2019 1,088.02 11513 VALDEZ, JANICE M 504819 01/03/2019 492.84 11514 VALDIVIA, LUIS 92.$2.3. 01/03/2019 3,372.47 11515 VILLALOBOS, ANDRES A 9,4405 01/03/2019 3,477.68 11516 VILLALOBOS, ANDRES A Q.4A 01/03/2019 1,159.23 11516 WALTON, SARAH 5 4 4 01/03/2019 2,325.83 11517 WENER, PHILLIP R 04401 01/03/2019 3,278.92 11518 ZENDEJAS, WILLIAM .02B.25. 01/03/2019 2,875.26 11519 AGUILERA, LAURA V 502796. 01/03/2019 856.25 11520 1/2/2019 2:52:10 PM Page 4 of 13 Packet: PYPKT00881- PP#01BW 01/03/19 Payroll Set: Payroll Set 01- 01 Employee Employee # Date � Amount Number AGUILERA, LISETH .5QAU.a 01/03/2019 � 1,711.28 11521 1 AGUINAGA, NINA M 504601 01/03/2019 1,432.29 11522 AGUINAGA, NINA M 50.4.6.Q.1. 01/03/2019 125.00 11522 BRAVO, MICHELLE 5QQ97 01/03/2019 1,850.86 11523 CHIPRES, MELISSA 50450( 01/03/2019 404.72 11524 FIERRO, LAURA 01/03/2019 01/03/2019 1,654.33 11525 GAGE, SEAN M 504746 01/03/2019 2,146.07 11526 GARCIA, RONALD ROSS 50.9-7 01/03/2019 500.00 11527 GARCIA, RONALD ROSS 504937 01/03/2019 100.00 11527 GARCIA, RONALD ROSS 504937 01/03/2019 2,053.66 11527 GARCIA, RONALD ROSS 5.0.49.17 01/03/2019 300.00 11527 MARTINEZ, BENJAMIN 504941 01/03/2019 3,138.76 11528 MOTA, NANCY Q27J 01/03/2019 1,285.23 11529 RUELAS, SUZANNE 5Q1.9�_1 01/03/2019 2,297.61 11530 RUELAS, SUZANNE 50191 01/03/2019 500.00 11530 RUELAS, SUZANNE 5U991 01/03/2019 500.00 11530 SALCEDA,FABIOLA 505-2 a 01/03/2019 1,532.51 11531 SANDOVAL, ELIJIO 504944 01/03/2019 385.29 11532 TANG, LONG U4940. 01/03/2019 475.00 11533 TANG, LONG 504940 01/03/2019 3,041.38 11533 TERAN, MICHAEL 5037 01/03/2019 2,165.79 11534 VIRAMONTES, VICTOR H 24741 01/03/2019 2,404.04 11535 WASHINGTON, ESTHER M 5Q4415 01/03/2019 377.55 11536 AGUIRRE, CARLOS A 5.0.3.624 01/03/2019 2,012.19 11537 ARREZOLA, ABRAHAM 1R. 504893 01/03/2019 1,048.10 11538 BESHAY, JOHN 504943 01/03/2019 3,021.14 11539 CALDERA, MARK D 5.0.. M 01/03/2019 1,147.46 11540 CARDIEL, TIMOTHY A 502579 01/03/2019 1,493.35 11541 CESENA, ART F 5U48.2 01/03/2019 1,329.53 11542 COUCHMAN, STEPHEN J 501544 01/03/2019 1,475.72 11543 DITTO, ADAM W 50466 01/03/2019 1,481.16 11544 FERNANDEZ, DAVID JOHN 504,929. 01/03/2019 422.35 11545 FIDLER, CHASE JACOB 50486$ 01/03/2019 1,944.03 11546 GARCIA, IGNACIO 5041-22 01/03/2019 1,144.97 11547 GUTIERREZ, SAMUEL 504698 01/03/2019 1,500.00 11548 GUTIERREZ, SAMUEL 504698 01/03/2019 2,734.61 11548 KINMAN, TIM .502492. 01/03/2019 365.31 11549 LICITRA, GUISEPPE A 5.0-U-35 01/03/2019 100.00 11550 LICITRA, GUISEPPE A 5M05 01/03/2019 1,606.88 11550 LLAMAS, GABRIEL 504.8 01/03/2019 1,093.67 11551 LOPEZ, DAVID 503460 01/03/2019 220.50 11552 LOPEZ, DAVID 5,0.4.1.0. 01/03/2019 2,353.40 11552 MACHUCA, DAVID J 5Q4.7Q1 01/03/2019 422.35 11553 MAGALLANES, CESAR J 503 6-q 01/03/2019 60.00 11554 MAGALLANES, CESAR J 50169 01/03/2019 914.65 11554 MARTINEZ, GEORGE 502265 01/03/2019 650.00 11555 MARTINEZ, GEORGE 502265 01/03/2019 1,570.18 11555 MARTINEZ, RUBEN R 5Q472Q 01/03/2019 457.90 11556 MCENTEE, JOSEPH C 504754 01/03/2019 454.27 11557 MEDINA, MARIO ,5.42.5 .5.. 01/03/2019 100.00 11558 MEDINA, MARIO 5Q7 u 01/03/2019 1,289.57 11558 MEZA, LAWRENCE R 504640 01/03/2019 1,096.50 11559 NOVOA, STEVEN A 50474.5. 01/03/2019 1,259.67 11560 PALACIOS, STEVEN 504752 01/03/2019 1,084.86 11561 PENA, RAFAEL SQm 01/03/2019 240.00 11562 PENA, RAFAEL 503339 01/03/2019 20.00 11562 PENA, RAFAEL 5,3,33..9 01/03/2019 1,414.55 11562 REYES, JOSHUA 51Q4.9.3.3. 01/03/2019 438.31 11563 ROMERO, JONATHAN 5041X. 01/03/2019 1,256.57 11564 1/2/2019 2:52:10 PM Page 5 of 13 Packet: PYPKT00881- PP#01BW 01/03/19 Payroll Set: Payroll Set 01- 01 Employee Employee # Date Amount Number RUBIO, FERNANDO 5.0.�.S�Z. 01/03/2019 1,760.23 11565 VALVERDE, VICTORIA 502176 01/03/2019 350.00 11566 VALVERDE, VICTORIA 5102.176 01/03/2019 2,062.91 11566 VARGAS, GUILLERMO G 504721 01/03/2019 275.77 11567 VAZQUEZ, ANTONIO 12 01/03/2019 400.50 11568 VAZQUEZ, ANTONIO 5-0 Q 01/03/2019 1,973.05 11568 ACEVEDO, JUAN CARLOS H 504 01/03/2019 321.77 11569 AGUILAR, ANNAIMEE 5-OA9,1.9 01/03/2019 322.35 11570 ALEXANDER, TERESA A 504216 01/03/2019 623.27 11571 ALVAREZ, LILIANA 504933,0 01/03/2019 781.58 11572 ARENAS, LILIA 604$$0 01/03/2019 25.00 11573 ARENAS, LILIA 5041380 01/03/2019 147.43 11573 AREVALO, KIMBERLY Y .204723. 01/03/2019 387.92 11574 BACA II, JESUS 5041$3. 01/03/2019 994.66 11575 BADILLO, JOCELYN 504637 01/03/2019 328.06 11576 BARALES-CARAVANTES, THELMA Y .5.,0 40 01/03/2019 471.35 11577 CABRERA, NATALIE $Q4_60 01/03/2019 82.59 11578 CANONGO, LEONEL 5Q4628 01/03/2019 394.16 11579 CARBAJAL, VANESSA 5003.x( 01/03/2019 100.00 11580 CARBAJAL, VANESSA 503320 01/03/2019 1,363.69 11580 CARRILLO, JOHN J .5503834 01/03/2019 206.63 11581 CARRILLO, JR, MANUEL,QSi 01/03/2019 11000.00 11582 CARRILLO, JR, MANUEL4252Z 01/03/2019 4,089.85 11582 CASAS, DENISE 5.0 9.1Q 01/03/2019 64.66 11583 CHACON, MELINDA K 504917 01/03/2019 43.35 11584 CHAVEZ, MARIA B 503275 01/03/2019 440.12 11585 CLARK, ADRIANA L 50390, 01/03/2019 489.97 11586 CORTEZ-DURAN, DORA N 50450 01/03/2019 204.76 11587 COX, MATTHEW A 5.0.42M 01/03/2019 279.67 11588 CRELENCIA, JASON 5Q4814 01/03/2019 611.66 11589 ESPINOSA, FRANCISCO 504311 01/03/2019 450.56 11590 ESPINOSA, FRANCISCO ,5,.043.1..1 01/03/2019 75.00 11590 FARIAS, ANDREW 504233 01/03/2019 116.87 11591 GARCIA, IRMA 54059. 01/03/2019 840.00 11592 GARCIA, IRMA 50.2.0.5. 01/03/2019 1,056.85 11592 GARCIA, RICARDO JAVIER 504886 01/03/2019 59.28 11593 GOMEZ, GABRIELA Q-4.9-0.5.01/03/2019 220.98 11594 GUTIERREZ, ALFRED R 5Q26 j5- 01/03/2019 389.03 11595 GUTIERREZ, ARIANA JANELL 5MM 01/03/2019 259.29 11596 GUTIERREZ, CARLA F 5445.0 01/03/2019 120.68 11597 GUTIERREZ, THOMAS R 504584 01/03/2019 48.02 11598 GUZMAN JR., OSCAR 5.Q_16.6.5. 01/03/2019 418.28 11599 HERNANDEZ NAVARRO, RAMON 5DA195 01/03/2019 1,228.55 11600 HERNANDEZ, ANNAU RAQUEL 504884 01/03/2019 226.74 11601 HERNANDEZ, HELEN M .5,Q.2544, 01/03/2019 1,035.91 11602 HERNANDEZ, HELEN M 502544 01/03/2019 950.00 11602 HUYNH, DESTINY 504891. 01/03/2019 235.98 11603 JIMENEZ, CAROLINA . Q4.$.44 01/03/2019 191.84 11604 LARA, ALFREDO JR. 504390 01/03/2019 380.94 11605 LARA, ANTONIA 54.3.50.3. 01/03/2019 45.76 11606 LAWS, ANGELA R 504341 01/03/2019 393.27 11607 LOPEZ, RICHARD 504909 01/03/2019 211.25 11608 LUPIAN, MARIANA 204,U 01/03/2019 321.25 11609 MARTINEZ, JAMIE J 5Q4551 01/03/2019 181.33 11610 MEDIANO, ELIAS D 5x46-60 01/03/2019 118.55 11611 MEDINA, CLARISA U4934 01/03/2019 498.53 11612 MONGE, SYRISA 504 01/03/2019 37.73 11613 MONTALVO, DENISE 5Q.U.2.9- 01/03/2019 1,434.02 11614 MORA, ALONDRA R 544852 01/03/2019 332.92 11615 1/2/2019 2:52:10 PM Page 6 of 13 Packet: PYPKT00881- PP#018W 01/03/19 Payroll Set: Payroll Set 01- 01 Employee Employee #„Date _.. Amount Number MORENO, MARIA? 01/03/2019 __. . 1,022.00 11616 MORENO, MARIA 502322 01/03/2019 1,078.79 11616 MUCINO, ALICE 5-0 5..95.. 01/03/2019 67.35 11617 NAVA, ARMANDO H 503121 01/03/2019 1,988.67 11618 NAVA, ARMANDO H 5,03121 01/03/2019 50.00 11618 NGUYEN, DANIEL V 5Q.4$4S2 01/03/2019 362.82 11619 OGAZ, TAMARAH Y 504$`1 01/03/2019 102.39 11620 OROZCO, ANTHONY F 50-4.U.h.. 01/03/2019 186.93 11621 PALOMAREZ, KHRYSTINA 504261 01/03/2019 337.52 11622 RAMOS, HENRY 504855 01/03/2019 360.76 11623 REYES, ALICE E 51Q4026. 01/03/2019 340.82 11624 REYES, ARLENE 5046199 01/03/2019 371.61 11625 RIVERA, JESSICA R 50480 I 01/03/2019 134.35 11626 ROACHO, NATALIE 504881 01/03/2019 298.81 11627 ROBLES, DEANNA C 504780 01/03/2019 46.17 11628 ROBLES, PAULINA ISABEL 5.0.4..5.91 01/03/2019 187.93 11629 RODRIGUEZ, BENJAMIN U4544 01/03/2019 107.66 11630 ROJO, APRIL M 5.4.49 01/03/2019 1,547.86 11631 ROMAN-MATA, FERNANDO 5Q47,l.fa 01/03/2019 226.74 11632 ROSALES, LUIS M 504411 01/03/2019 499.81 11633 RUIZ, ARLENE 504804 01/03/2019 218.27 11634 RUIZESPARZA, YURIKO ,SQ -47-61 01/03/2019 2,254.68 11635 SAI NZ, FELIX A X04559 01/03/2019 481.98 11636 SALAS, MICHAEL AQ,1Q, 01/03/2019 1,746.07 11637 SALES, RAMIL D 504268 01/03/2019 495.62 11638 SANCHEZ, ARIEL 504803 01/03/2019 172.43 11639 SANCHEZ, SARA �4,3..�i'. 01/03/2019 86.22 11640 SILVA RODRIGUEZ, CHRISTOPHER 504768 01/03/2019 340.98 11641 SOTO, EMANUEL H 50.4,80.0.. 01/03/2019 227.35 11642 SOTO, JESICA N 504718 01/03/2019 258.89 11643 TERRON-ZAMUDIO, VIKY 504811 01/03/2019 92.88 11644 TORRES, IVETTE 50.4.11.41, 01/03/2019 748.37 11645 URBINA, CLAUDIA 503374. 01/03/2019 274.45 11646 VALLES, EILEEN 5Q43D 01/03/2019 235.98 11647 VARGAS, LINDA 504175 01/03/2019 343.41 11648 VASQUEZ, JESSICA 504272 01/03/2019 442.78 11649 VAZQUEZ, VANESSA .5..0.41 Z 01/03/2019 129.33 11650 VELASCO, ALAN 504839 01/03/2019 377.01 11651 VIRGEN, BRYAN E 504847 01/03/2019 328.38 11652 WATKINS, JO ANN 504386 01/03/2019 46.17 11653 ZAMARRIPA, JANET 504738 01/03/2019 222.48 11654 ZHAO, ZHIFU 5..4.-9.14. 01/03/2019 28.48 11655 ASENCIO, ALEX Q-4.3.0. 01/03/2019 0.00 199946 ALVAREZ, MARTHA P 5025. 01/03/2019 972.00 199951 BURGOS, RAMON D SQ.-� 3.1. 01/03/2019 255.00 199953 FLORES, CRISTIAN 504948 01/03/2019 0.00 199960 1/2/2019 2:52:10 PM Page 7 of 13 _ Payroll Check Register w�� City of Baldwin Park, CA Report $UflllYlal'j/ tiff , •8 '` ` Pay Period: 12/16/2018-12/29/2018 Packet: PYPKT00881- PM16W 01/03/19 Payroll Set: Payroll Set 01- 01 Tyke-- Count Amount Regular Checks 24 24,542.94 Manual Checks 0 0.00 Reversals 0 0.00 Voided Checks 0 0.00 Direct Deposits 333 508,024.48 Total 357 532,567.42 1/2/2019 2:52:10 PM Page 13 of 13 2 ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: January 16, 2019 (:_11� SUBJECT: Treasurer's Report — November 2018 SUMMARY Attached is the Treasurer's Report for the month of November 2018. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for November 2018. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDNN PARK TREASURER'S REPORT 11/30/2018 INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund a all other Special Revenue Funds 221% Varies Varies f 22,312,665.47 f 22,312,665.47 f 22,312,665.47 $ 22,312,665A7 Housing Authority 221% Varies Varies 13,488.71 13,488.71 13,488.71 13+188.71 22,326,154.18 24326,154.18 22,326,154.18 22,326,154.18 C2020 912M28 Citibank National Association (Mutual Securities) 1.80% V2smi 11 1/25/2019 250,000.00 250,000.00 2501000.00 249,862.50 American Express Cendxion (Mutual Securities) 1.60% 4/12/2017 4112/2019 260,000.00 260,000.00 266,000.00 2A9,2SS.00 EverbankJacksomille (Mutual Securities) 1.55% 4116=17 411612019 260,000.00 260,000.00 260,000.00 2490222.50 Goldman Sachs Sk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,800.00 248,400,00 Settle Mae Sk SILT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/2412020 250,000.00 260,000.00 250.000.00 240,400.00 Safra National Bank New York (Caoteaa) 2.00% 411612018 4115/2019 250,000.00 250,000.00 260,000.00 249,620.00 Morgan Stanley Bank N A Utah (Cardella) 2.64% 4119/2018 412012020 250,000.00 260,000.00 260,000.00 2410,162.50 1,750,000.00 1,750,000.00 1.760,000AO 1,743,962.50 US Treasury SIN (UBS) 2.07% 3/29/2018 3/28/2019 1,000,000.00 1,000,000.00 1,000,000.00 892,450.00 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 0.00 0.00 0.00 0.00 Fiscal Agent Funds - Successor Agency (TnmWDeM Service Fund) Varies Varies Varies 10,233.99 10,233.99 10,233.98 10,233.98 10,233.99 10,233.89 10,233.99 10,233.99 f 25.006,38x.17 f 26,0116,39x.17 i 26.0xfi.3M.17 S 25.072,790 .67 0 Total kwes6naRs S 25,Ox8,31111IL17 Cash with Bank of the West City Checking 2,410,605.04 Money Market Plus 132,66!.03 City Miscellaneous Cash 87,640.30 Successor Agency 163,7416.04 Housing Awd-ft 143.641.67 Phnaneim Autharav 0.00 4,502.2A $832,6441.12 Total Cash with Bank of the West Total Cash and knreshnents S MM9A3x� Schedule of Cash and Investments Includes city-wide assets as included in the Comprehensive Annual Financial Report. • There was no Investment maturitylpurchase transactions made for the month of November 2018 and several deposits/ vifthawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., l hereby certify that sufficient Investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance ITEM NO. STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk DATE: January 16, 2019 SUBJECT: Meeting Minutes SUMMARY The City Council held a Special City Council Meeting on December 4, 2018 and December 19, 2018; and a Regular City Council Meeting on December 5, 2018 and December 19, 2018. RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following City Council Meetings: • Special Meeting of December 4, 2018 • Regular Meeting of December 5, 2018 • Special Meeting of December 19, 2018 • Regular Meeting of December 19, 2018 FISCAL IMPACT There is no fiscal impact associated with this item. BACKGROUND Not applicable ALTERNATIVES Not applicable LEGAL REVIEW This report does not require legal review. ATTACHMENTS 1. Special Meeting Minutes of December 4, 2018 2. Regular Meeting Minutes of December 5, 2018 3. Special Meeting Minutes of December 19, 2018 4. Regular Meeting Minutes of December 19, 2018 Attachment 1 Special Meeting Minutes 12/4/18 MINUTES BALDWIN PARK CITY COUNCIL SPECIAL MEETING DECEMBER 4, 2018, 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 7:25 p.m. INVOCATION The invocation was provided by Pastor Flowers. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was sung by Carla Pacheco. ROLL CALL MEMBERS PRESENT: Council Member Monica Garcia Council Member Susan Rubio Mayor Pro Tem Ricardo Pacheco Mayor Manuel Lozano MEMBERS ABSENT: Council Member Cruz Baca MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Pacheco to excuse Council Member Baca's absence. Motion was approved by unanimous consent. Mayor Lozano congratulated Susan Rubio for her election as senator and stated she and her sister were currently making history as the first two sisters to be elected. Assembly Member Blanca Rubio thanked the community for re-electing her as the city's assemblywoman and for honoring the family by election Susan Rubio to State Senator. Assembly Member Rubio stated it was the first time in history two sisters from Baldwin Park would serve as democrats in the state's legislature. Mayor Lozano recognized all the dignitaries present and thanked all the attendees. NEW BUSINESS 1. Approve a Resolution Certifying the Results of the General Municipal Election Held on Tuesday, November 6, 2018 MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Pacheco, to adopt Resolution No. 2018-304 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, RECITING THE FACT OF THE GENERAL MUNICIPAL ELECTION HELD NOVEMBER 6, 2018, AND DECLARING THE RESULTS THEREOF, AND SUCH OTHER MATTERS AS PROVIDED BY LAW. Motion carried by the following roll call vote: Roll Call: AYES: Garcia, Lozano, Pacheco, Rubio NOES: None ABSENT: Baca ABSTAIN: None A. Ceremonial Administration of Oath of Office for Valley County Water District Board of Directors • Board Member Lanet I. Pacheco — Mayor Lozano administered the oath of office to Board Member Pacheco. Board Member Pacheco was joined by her family. She thanked the voters of Baldwin Park, her in-laws for their support, her mother, children, husband and the Mayor for including her in this celebration. B. Administration of Oaths of Office and Presentation of Certificates of Election to Re - Elect Officials As Follows: • Mayor, Manuel Lozano — Longtime family friend Felipe Plascencia, Esq. administered the oath of office to Mayor Lozano. Mayor Lozano was joined by family and friends. Mayor Lozano provided an overview of his first electoral process during his college years and stated he was proud to be re-elected for the tenth time, making history as the longest standing Mayor. Mayor Lozano acknowledged his comadre and thanked all his family and friends for their support. Attorney Felipe Plascencia stated he felt honored to conduct the oath of office to his longtime family friend, best man and compadre of his children. Mayor Lozano provided an overview of his upbringing and his first experience with the Baldwin Park Police Department, his service as Mayor for the past 20 years, recognized all staff; recognized Council Member Pacheco for his service and all elected officials stating they would work together. Mayor Lozano thanked the Baca family as well. City Treasurer, Maria Antonieta "Marie" husband and Vice President Alfonso "Al" oath of office to City Treasurer Contreras. Contreras — City Treasurer Contreras' Contreras (USGVMWD) administered the City Treasurer was joined by her husband and thanked all the voters despite running unopposed and thanked her husband for assisting her in becoming a citizen. C. Administration of Oaths of Office and Presentation of Certificates of Election to Elect Officials As Follows: Regular Meeting of 12/4/18 Page 2 of 4 2. Councilmember, Alejandra Avila — Senator Susan Rubio administered the oath of office to Councilmember Avila. Councilmember Avila was joined by her family and provided an overview of her upbringing and career in Baldwin Park. Council Member Avila thanked Dr. Mendoza and Board Member Santos for his attendance; thanked her family, Cruz Baca, Danny Damian and Maria Davalos; thanked her mom for her support, thanked the community of Baldwin Park; and thanked the Baldwin Park employees. • Councilmember, Paul C. Hernandez — Judge Miguel T. Espinoza administered the oath of office to Councilmember Paul C. Hernandez Councilmember Hernandez was joined by his family. Councilmember Hernandez thanked State Senator Susan Rubio and Councilmember Cruz Baca for their service and thanked Judge Miguel T. Espinoza for his mentorship and their relationship and his supporters. Mr. Hernandez stated he looked forward to working with this new Council and thanked the Valley County Water District for their support; thanked all the guests, city staff, commissioners, and residents. Council Member Hernandez stated he looked forward to connecting with the community and calling then family. • City Clerk, Jean M. Ayala — Administered by Mayor Manuel Lozano City Clerk Ayala was joined by her family. Ms. Ayala thanked the voters for their vote and for their support, the community, her angels in heaven, Walnut Elementary, neighbors, St. John's community, close family and friends; Mayor Lozano and the Lozano family. City Clerk Ayala stated she looked forward in continuing to provide the quality of services the outgoing City Clerk has provided with transparency and honesty. D. Comments By Elected Officials • City Clerk, Jean M. Ayala • City Treasurer, Maria Antonieta "Marie" Contreras • Councilmember, Alejandra Avila • Councilmember, Paul C. Hernandez • Mayor, Manuel Lozano All comments were made immediately after conducting the oath of office. Reorganization of the City Council - Selection of Mayor Pro Tempore MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Pacheco, to nominate Council Member Garcia to Mayor Pro Tem. Motion carried by unanimous consent. Mayor Pro Tem Garcia congratulated the Mayor in his re-election and welcomed Council Member Paul C. Hernandez and Council Member Avila and stated she looked forward to the new chapter. Additionally, Mayor Pro Tem acknowledge Blanca and Susan Rubio, City Clerk Jean Ayala and City Treasurer Maree Contreras. Regular Meeting of 12/4/18 Page 3 of 4 ANNOUNCEMENTS No announcements were provided. PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS Plaque for Outgoing Members of the City Council, Cruz Baca and Susan Rubio The City Council provided Senator Susan Rubio with a plaque and thanked her for all her years of service. Senator Susan Rubio thanked the community for their support; thanked the staff of Baldwin Park for all their work and her colleagues for making her the leader she is today. • Plaque for Outgoing City Clerk, Alejandra Avila The City Council presented outgoing City Clerk Avila with a plaque for her service. Councilmember Avila thanked Senator Susan Rubio for her support to run for City Clerk and City Council; and thanked Chief Deputy City Clerk for overseeing the election process. Mayor Lozano paid tribute to Council Member Baca for her service although she was not present. • Gavel Plaque for Outgoing Mayor Pro Tem, Ricardo Pacheco The City Council provided outgoing Mayor Pro Tem Pacheco with a gavel plaque. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:51 p.m. and noted that each speaker is permitted a total of three (3) minutes to speak. Seeing no individuals wishing to speak, Public Communications closed at 8:51 p.m. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Mayor Pro Tem Garcia, to adjourn the meeting at 8:55 p.m. Mayor ATTEST: Manuel Lozano, Mayor Jean M. Ayala, City Clerk APPROVED: Regular Meeting of 12/4/18 Page 4 of 4 Regular Meeting Attachment 2 Minutes 12/5/18 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING DECEMBER 5, 2018, 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 7:00 p.m. INVOCATION The invocation was provided by Council Member Pacheco. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia Mayor Manuel Lozano Mayor Lozano requested the meeting me adjourned in memory of Rene Robles and recognized Emmanuel Estrada for taking part in the electoral process. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS None listed. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:03 p.m. and noted that each speaker was permitted a total of three (3) minutes to speak. Luis and Sarah Almedo Baldwin Park residents and neighbors of Judith Street, reported a speeding issue off the freeway onramp and requested speed bumps and signage be posted to reinforce safety on their street. Lourdes Hermosillo echoed the previous comments made regarding the safety on Judith Street. Kevin Rooney requested speed bumps be added near schools to increase safety. Seeing no others wishing to speak, Public Communications closed at 7:13 p.m. Mayor Lozano requested staff look into the speeding issue. Council Member Pacheco asked staff whether an immediate resolution was possible. Sam Gutierrez, Public Works Director stated Judith and Frazier Street was on the list to be rehabilitated; and agreed to review the issues immediately. Council Member Avila requested staff ensure streets near schools be well lit and paved. Mayor Pro Tem Garcia requested additional patrol from the Police Department to ensure traffic regulations were followed. Further discussion was held amongst staff and Council regarding the importance to review all streets for traffic studies. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the City Council and were approved with one motion. The City Council pulled Item No. 5 from Consent Calendar for further discussion. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to approve the remainder of the Consent Calendar. Motion carried by the following vote: ROLL CALL: AYES: Avila, Garcia, Hernandez, Lozano, and Pacheco NOES: None ABSENT: None ABSTAIN: None 1. Warrants and Demands The Council ratified the attached Warrants and Demands Register. 2. Meeting Minutes The Council received and filed the following Meeting Minutes: A. Meeting Minutes of the Special Study Session City Council Meeting held on November 14, 2018. B. Meeting Minutes of the Special City Council Meeting held on November 14, 2018. 3. Rejection of Claims The Council rejected the following claim(s) and directed staff to send appropriate notice of rejection to claimant(s): Hernandez, Maria Premier Auto Credit Claimant alleges the city is responsible for property damage during the downtown street market located within Morgan Park. Claimant alleges the police department illegally towed and impounded his vehicle Regular Meeting of 12/5/18 Page 2 of 6 4. Second Reading of Ordinance No. 1430 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Amending the Baldwin Park Municipal Code, Title XV, Land Usage, Chapter, 153, Zoning Code, Sections 153.040.020, 153.120.350, and 153.150.100 and 153.220.050 Relating to Accessory Dwelling Units — Zoning Code Amendment Case Number AZC 186" The City Council waived reading and adopted Ordinance No. 1430, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA AMENDING THE BALDWIN PARK MUNICIPAL CODE, TITLE XV, LAND USAGE, CHAPTER, 153, ZONING CODE, SECTIONS 153.040.020, 153.120.350, AND 153.150.100, AND 153.220.050 RELATING TO ACCESSORY DWELLING UNITS — ZONING CODE AMENDMENT CASE NUMBER AZC 186 ". 5. Second Reading of Ordinance No. 1431 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Regulating the Business of Sidewalk Vending as Defined by State Law" (Pulled from Consent Calendar for separate consideration) Council Member Avila inquired whether the insurance amount was sufficient and the monthly expense applied to the permit. Chief Executive Officer Shannon Yauchzee offered to report back on these matters. Additionally, Council Member Avila asked whether staff had determined an amount to be charged to the vendor for this type of license. CEO Shannon deferred to Finance Director Rose Tam. Rose Tam stated the fee was set at around $120 a year. Lastly, Council Member Avila asked what other forms of ID would be permissible aside from the California issued identification or Social Security Number. City Attorney Robert Tafoya stated any government issued ID may be allowed and if modifications to this ordinance were warranted at a later time, such modifications could be made after its initial approval. Council Member Pacheco asked whether this ordinance could be changed. City Attorney Tafoya stated if the City Council did not approve tonight's ordinance, the city would not be able to regulate street vending. Council Member Pacheco requested staff bring back the ordinance in January for modifications. MOTION: It was moved by Mayor Lozano, seconded by Council Member Avila to waive reading and adopt Ordinance No. 1431, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REGULATING THE BUSINESS OF SIDEWALK VENDING AS DEFINED BY STATE LAW". Motion carried by unanimous consent. Regular Meeting of 12/5/18 Page 3 of 6 PUBLIC HEARING 6. Adoption of an Urgency Ordinance to Regulate Sidewalk Vending in Response to State Law SB946 (Lara) Sidewalk Vending The Mayor opened the public hearing at 7:36 pm Emmanuel Estrada spoke in opposition to the strict regulations included in the ordinance and requested Council make the street vending permitting process more accessible. Seeing no further speakers, the Mayor closed the public hearing at 7:38 pm. MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to Adopt Urgency Ordinance No. 1432, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REGULATING THE BUSINESS OF SIDEWALK VENDING AS DEFINED BY STATE LAW". Motion carried by unanimous consent. 7. A Request to the City Council from the Planning Commission on an Amendment to Development Agreement 18-18 to Change the Location from 14712 Arrow Highway to 4802 Littlejohn Street Ste. A, for a Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone Pursuant to Ordinance 1408 (Location: 4802 Littlejohn Street Ste. A; Applicant: The Grown Folks Inc.; Case • Number 18-18) Interim Associate Planner Erika Ramirez provided an overview of the item via a power point presentation. The Mayor opened the public hearing at 7:43 pm Seeing no one wishing to speak, the Mayor closed the public hearing at 7:43 pm. Council Member Avila inquired whether a fee to change location had been applied. Ron Garcia City Planner affirmed the fee had been paid. Council Member Avila requested information on enforcement for those facilities that should not be in operation. Chief of Police Michael Taylor stated code enforcement conducted rounds to check the locations weekly. Council Member Avila asked about the process for a search warrant should there be enough evidence to search the location. Mr. Taylor stated various factors affected the process to obtain a search warrant such as the judge's availability. Regular Meeting of 12/5/18 Page 4 of 6 Council Member Garcia stated she was familiar with this location as spoke in favor of the change of location. MOTION: It was moved by Mayor Pro Tem Garcia, seconded by Mayor Lozano to Adopt Urgency Ordinance No. 1432, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE GROWN FOLKS, INC. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4802 LITTLEJOHN STREET, SUITE A (APN 8535-023-011) WITHIN THE CITY OF BALDWIN PARK". Motion carried by unanimous consent. 8. A Request to the City Council from the Planning Commission on an Amendment to Development Agreement 18-19 to Change the Location from 4276 Elton Street to 4802 Littlejohn Street Ste. B, for a Cannabis Cultivation and Manufacturing Facility within the I, Industrial Zone Pursuant to Ordinance 1408 (Location: 4802 Littlejohn Street Ste. B; Applicant: W &F International Corp; Case Number 18-19) The Mayor opened the public hearing at 7:48 pm Seeing no one wishing to speak, the Mayor closed the public hearing at 7:48 pm. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to introduce for first reading, by title only and waive further reading, Ordinance 1434, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH W & F INTERNATIONAL CORPORATION FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4802 LITTLE JOHN STREET, SUITE B (APN 8535-023-011) WITHIN THE CITY OF BALDWIN PARK". Motion carried by unanimous consent. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Mayor Lozano requests City Council discussion and direction regarding options for the State of the City program including the option of partnering with the Business Association or holding a City Sponsored event. Mayor Lozano requested this item be brought back at the next regularly scheduled City Council meeting for consideration. Council Member Pacheco requested an update on the Caltrans onramp. CEO Yauchzee spoke on the successful meeting and provided an update to the City Council and a commitment from Caltrans to fix all the items requested by the city. Further discussion was held amongst City Council and staff in regards to the detailed work delineated in their agreement. Regular Meeting of 12/5/18 Page 5 of 6 Mayor Lozano acknowledged Mike Tue in the audience. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Council Member Avila, to adjourn the meeting at 8:02 p.m. Mayor ATTEST: Manuel Lozano, Mayor Jean M. Ayala, City Clerk APPROVED: Regular Meeting of 12/5/18 Page 6 of 6 Attachment 3 Special Meeting Minutes 12/19/18 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING DECEMBER 19,2018,5:30 P.M. 3rd Floor Conference Room 307 - 14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:33 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Council Member Ricardo Pacheco Mayor Manuel Lozano ABSENT: Mayor Pro Tem Monica Garcia PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:33 p.m. Seeing no one wishing to speak, Public Communications closed at 5:33 p.m. OPEN SESSION 1. MG Development's Presentation of City -Owned Vacant Parcels Presentation provided by Michael Galankis regarding city -owned vacant parcels at 13057, 13061 and 13065 Garvey Avenue. Mr. Galankis provided option to the City Council via a power point presentations a various designs to construct on vacant lots. The City Council recessed into closed session at 5:53 pm. RECESS TO CLOSED SESSION 2. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 13057, 13061, and 13065 Garvey Street Negotiating Parties: City of Baldwin Park and MG Development 3. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Special Meeting of 12/19/18 Page 1 of 4 Potential Case(s): Two (2) 4. Real Property Negotiations Pursuant to Government Code §54956.8: B. Property: 4145 Puente Avenue (CAN 17-01) Negotiating Parties: City of Baldwin Park and Edward Avakyan, Jenome Research C. Property: 14551 Joanbridge Street (CAN 17-02) Negotiating Parties: City of Baldwin Park and Lih Ping Henry Liou, Baldwin Park TALE Corp. D. Property: 4150 Puente Avenue (CAN 17-06) Negotiating Parties: City of Baldwin Park and Shaun Bershatski, RUKLI, Inc. E. Property: 13111 Spring Street & 428 Cloverleaf Drive (CAN 17- 07) Negotiating Parties: City of Baldwin Park and Ming Hong Huang, 428 Cloverleaf, LLC. F. Property: 5117 Calmview Avenue (CAN 17-08) Negotiating Parties: City of Baldwin Park and Victor Chevez and Helen Chau, Casa Verde Group G. Property: 13467 Dalewood Street (CAN 17-09) Negotiating Parties: City of Baldwin Park and Darrin Oganesian and Ryan Oganesian, RD Baldwin Park H. Property: 14837 & 14841 Ramona Boulevard (CAN 17-10) Negotiating Parties: City of Baldwin Park and Phil Reyes, and Alexis Reyes, Organic Management Solutions, LLC. I. Property: 5148 Bleecker Street (CAN 17-12) Negotiating Parties: City of Baldwin Park and Sergio Torres, Enrique Vega and Moses Acosta, Medical Grade Farms BP J. Property: 15023 Ramona Boulevard (CAN 17-13) Negotiating Parties: City of Baldwin Park and Shaun Szameit, Joshua Pierce and Kevin Huebner, Kultiv8 Group, LLC. K. Property: 4621 Littlejohn Street (CAN 17-15) Negotiating Parties: City of Baldwin Park and Teresa Tsai, GSC Capital Group L. Property: 5157 Azusa Canyon Road (CAN 17-17) Negotiating Parties: City of Baldwin Park and Mike Sandoval and Ed Barraza, Elite Green Cultivators Special Meeting of 12/19/18 Page 2 of 4 M. Property: 5175 Commerce Drive (CAN 17-18) Negotiating Parties: City of Baldwin Park and Linda Thong, Pacific Cultivation, LLC. N. Property: 13450 Brooks Drive, Unit A & C (CAN 17-27) Negotiating Parties: City of Baldwin Park and Jonathan Yuan Kai Lee, Jefferson Liou, and Jerre[[ Austin Shepp, Cloud Control, Inc. O. Property: 4802 Littlejohn Street (CAN 17-28) Negotiating Parties: City of Baldwin Park and Marco Perez and Ren Yoneyama, VRD, Inc. P. Property: 13460 Brooks Drive (CAN 17-31) Negotiating Parties: City of Baldwin Park and Sigrid Lopez and Artem Karapetyan, Green Health Industries, LLC. 5. Conference With Legal Counsel—Existing Litigation Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: Salcedo v. City of Baldwin Park Case No. BC676398 Case Name: Hadsell v. City of Baldwin Park Case No. BC548602 Case Name: City of Baldwin Park v. City of Irwindale Case No. BS163400 6. PUBLIC EMPLOYMENT (GC §54957): Position: Chief of Police ADJOURNMENT There being no further business, motion was made by Lozano, seconded by Pacheco, to adjourn the meeting at 7:13 p.m. REPORT ON CLOSED SESSION* Mayor Lozano reported out of Closed Session that the City Council voted unanimously (4-0) to bring forward a DA by MD Development; and The City Council voted unanimously (4-0) to retain a hiring firm for the position of Police Chief. Mayor Lozano thanked Michael Taylor for years of service to the City of Baldwin Park. Special Meeting of 12/19/18 Page 3 of 4 Manuel Lozano, Mayor ATTEST: Jean M. Ayala, City Clerk APPROVED: Special Meeting of 12/19/18 Page 4 of 4 Attachment 4 Regular Meeting Minutes 12/19/18 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING December 19, 2018, 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 7:12 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 Alejandra Avila Council Member Paul C. Hernandez Council Member Ricardo Pacheco Mayor Manuel Lozano MEMBERS ABSENT: Mayor Pro Tem Monica Garcia MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to excuse Mayor Pro Tem Garcia from the meeting. REPORT ON CLOSED SESSION Mayor Lozano reported out of Closed Session that the City Council voted unanimously (4-0) to bring forward a DA by MD Development; and The City Council voted unanimously (4-0) to retain a hiring firm for the position of Police Chief. Mayor Lozano thanked Michael Taylor for years of service to the City of Baldwin Park. Council Member Pacheco thanked Police Chief Taylor for his efforts and service to the city. ANNOUNCEMENTS Mayor Lozano requested the meeting be adjourned in memory of Mayor Pro Tem Garcia's father Samuel Garcia Jr. Council Member Pacheco read a poem in memory of Mayor Pro Tem Garcia's father. Council Member Hernandez also send his condolences to Mayor Pro Tem Garcia and her family. Council Member Avila extended her condolences to the Garcia family as well. Mayor Lozano recognized Mike Emen, new Battalion Chief from the East Regional Operations Bureau. Council Member Pacheco thanked the Police Department for the gift giveaway program and staff for the Christmas Program for children held at Walmart. Council Member Avila thanked the Recreation Department for the canned food drive. PROCLAMATIONS. COMMENDATIONS & PRESENTATIONS Board Director Bryan Urias — Recognition Plaque USGVMWD Mr. Urias was not present to accept the award. Retirement Recognition for Baldwin Park Police Officer James R. Kolbach The City Council provided Mr. Kolbach a plaque in honor of his services. The Chief of Police provided Mr. Kolbach with a shadow box. Mr. Kolbach thanked his family and the City of Baldwin Park for their support. • Housing Department Presentation Community Development Director Benjamin Martinez provided an overview of the housing department via a power point presentation. Council Member Hernandez requested the draft citywide homeless plan be brought back in January and an overview of programs to beautify homes. Council Member Avila requested affordable programs be discussed in the future. Council Member Pacheco requested the statistics of first time home buyers. Regular Meeting of 12/19/18 Page 2 of 9 Mr. Martinez stated the first time home buyer programs was dependent on the market value of homes. • Baker + Associates Public Art Advisory Baldwin Park Digital Marquee Presentation Public Works Director Sam Gutierrez clarified this was an update on an ongoing project that is listed in the CIP project list. Art consultants Claudia and Franca provided an overview of the art in public places via a power point presentation. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:08 p.m. and noted that each speaker was permitted a total of three (3) minutes to speak. Robert Cruz Public Affairs Representative from SoCal Gas spoke on raising awareness regarding Assembly Bill 3232, converting households to become electric. Robert Torrez reported a past criminal incident that occurred in the Baldwin Park LA Fitness. Elvia Araujo, Monserad Rangel, Adriana Valdez, Cassandra Moreno, Dariana, and Silva Crasco, spoke in opposition to the new construction of the 711 and Gas station near Foster Elementary. Rafael Lopez commented on concerns regarding a break-in to his vehicle and street racing. Margarita Vargas congratulated the newly elected and requested the Mayor follow the agenda. Additionally, Ms. Vargas requested the Police Department look into the gang violence issues arising in the city. Mayor Lozano requested police officers address concerns raised by Mr. Torrez and Lopez. The Mayor recognized the students and parents from Foster Elementary and provided an overview of the process to approve a development. CEO Shannon Yauchzee informed the City Council that the Baldwin Park Unified District did appeal to AQMD. Council Member Avila stated the City Council would look into this matter and possible ways to avoid future issues. Seeing no others wishing to speak, Public Communications closed at 8:23 p.m. Regular Meeting of 12/19/18 Page 3 of 8 CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the City Council and were approved with one motion. The City Council pulled Item No. 8 from the Consent Calendar for separate consideration. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to approve the remainder of the Consent Calendar. Motion carried by unanimous consent. 1. Warrants and Demands The City Council ratified the attached Warrants and Demands Register. 2. Treasurer's Report — October 2018 The City Council received and filed the Treasurer's Report. 3. Rejection of Claims The City Council rejected the following claim(s) and directed staff to send appropriate notice of rejection to claimant(s): Carillo, Otilia Claimant alleges the city is responsible for bodily injuries from a traffic accident on the Citrus Avenue off ramp in the City of Covina Southern California Edison Claimant alleges property damage. Velasco, Angel Jose Claimant alleges violation of his civil rights 4. Meeting Minutes The City Council received and filed the following Meeting Minutes: A. Meeting Minutes of the Regular City Council Meetings held on April 18, 2018. B. Meeting Minutes of the Regular City Council Meetings held on May 2, 2018. C. Meeting Minutes of the Regular City Council Meetings held on May 16, 2018. D. Meeting Minutes of the Regular City Council Meetings held on June 20, 2018. 5. Approve a One -Time City -Hall Closure, and Provide General Employees 20 hours of Holiday time for December 26th and 27th, 2018. The City Council directed the CEO to Close City Hall December 26 and 27 of 2018 and take necessary steps to notify the public and provide holiday leave time for general employees (CEA, CEMA, and CCEA), Managers and Directors for those two days. 6. Accept and Authorize the Filing of a Notice of Completion City Project No. 2018- 0240 — Safe Routes to School Project The City Council: 1.) Accepted the construction improvements by FS Contractors, Inc. and authorized the recordation of a Notice of Completion; and, 2.) Authorized the payment of $18,778.18 in retention funds to FS Contractors, Inc. upon the expiration of the 35 -day notice period. Regular Meeting of 12/19/18 Page 4 of 8 7. Award of Bid for City Project No. 2018-0241 — Construction of a Compressed Natural Gas (CNG) Facility to be Located at Badillo Street and Ramona Boulevard The City Council: 1.) Approved and awarded the contract to Amtek Construction of Whittier, CA in the amount of $684,237.00; and 2.) Authorized the Mayor and City Clerk to execute the contract for the CNG facility work. 8. Consideration for Approval of Amendment No.1 to the Design Services Agreement (DSA) with Southern California Regional Rail Authority (SCRRA) for Signalization Improvements to the Rail Safety Crossing Improvements Project (Quiet Zone Ready) at Pacific Avenue and Bogart Avenue and Approval of Amendment No. 4 to the Professional Services Agreement (PSA) with Evan Brooks and Associates to Manage Federal Local Assistance procedures for Construction Authorization and Funding for the Project (Pulled from Consent Calendar for separate consideration) Council Member Hernandez requested all quiet zone improvements be expedited. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to Approve Amendment No. 1 to the Design Services Agreement with SCRRA for railroad design services for highway -rail grade crossing warning and signalization system and expansion of the Baldwin Park Station Platform and authorize the Mayor to execute the agreement in an amount not -to -exceed $113,960.00; and Authorize the Mayor to execute Amendment No. 4 to the existing Professional Services Agreement with EBA for services to manage Federal Local Assistance procedures for construction authorization and funding for the project in an amount not -to exceed $35,490. Motion carried by unanimous consent. 9. Approval of the Final Report for CIP 19-94 Systemic Safety Analysis Report Program (SSARP) The City Council: 1.) Approved and adopted the final study for Systemic Safety Analysis Report Program (SSARP); and, 2.) Authorized the City Manager or designee to accept any awarded grant funds from the SSARP and to execute all necessary implementing agreements with the State of California Department of Transportation; and 3.) Authorized the Director of Finance to appropriate $121,500 from Fund #270 — (Grant Fund) and $13,500 from Fund 242 (Traffic Congestion Relief) 10. Accept Plans and Specifications, and Authorize Publishing of a Notice Inviting Bids for CIP 19-93 City Project No. 2018-0268 — Chevalier Avenue Drainage Improvements Project The City Council approved the plans and specifications for the Chevalier Avenue Drainage Improvements Project (City Project No. 2018-0268) and authorize staff to advertise a Notice Inviting Bids. 11. Second Reading of Ordinance No. 1433 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter Into a Development Agreement with the Grown Folks, Inc. for the Regular Meeting of 12/19/18 Page 5 of 8 Cultivation and/or Manufacturing of Cannabis at the Real Property Located at 4802 Littlejhon Street, Suite A (APN 8535-023-011) within the City of Baldwin Park" The City Council waived reading and adopted Ordinance No. 1433, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH THE GROWN FOLKS, INC. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4802 LITTLEJOHN STREET, SUITE A (APN 8535-023- 011) WITHIN THE CITY OF BALDWIN PARK". 12. Second Reading of Ordinance No. 1434 Entitled: "An Ordinance of the City Council of the City of Baldwin Park, California, Authorizing the City of Baldwin Park to Enter Into a Development Agreement with the W & F International Corp. for the Cultivation and/or Manufacturing of Cannabis at the Real Property Located at 4802 Littlejhon Street, Suite B (APN 8535-023-011) within the City of Baldwin Park" The City Council waived reading and adopted Ordinance No. 1434, entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH W & F INTERNATIONAL CORP. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 4802 LITTLEJOHN STREET, SUITE B (APN 8535-023- 011) WITHIN THE CITY OF BALDWIN PARK". CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the City Council and were approved with one motion. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to approve the Successor Agency Consent Calendar. Motion carried by unanimous consent. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — October 2018 The Board received and filed the Treasurer's Report. SA -2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands The Board ratified the Warrants and Demands Registers. Regular Meeting of 12/19/18 Page 6 of 8 REPORTS OF OFFICERS 13. Approve and Adopt Resolution no. 2018-305 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City", and Review and Appoint Members to the Established Committees, as Appropriate MOTION: It was moved by Mayor Lozano, seconded by Council Member Avila to move this item to the next regularly scheduled meeting. Motion carried by unanimous consent. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS • Mayor Lozano requests City Council discussion and direction regarding options for the State of the City program including the option of partnering with the Business Association or holding a City Sponsored event. Mayor Lozano requested this item be brought back to the next regularly scheduled meeting. • CEO Shannon Yauchzee requests Council direction to draft a letter for the Mayor and Council's Signature to the County Board of supervisors requesting that the fee increase be delayed until such time as a study can be performed on the operational efficiency of the Department of Animal Care and Control and solutions be put into place to improve productivity, accountability and reduce costs. The Mayor agreed to this request. • CEO Shannon Yauchzee requests that the Mayor and City Council give staff direction to work with Caltrans and the business owners to have the Sound wall removed or lowered near the Home Depot Shopping Center and Marriot Hotel. The Mayor agreed to this request. Council Member Pacheco requested an update on Caltrans at the next meeting. Council Member Avila sent her condolences to the young man who passed due to gang violence and requested additional information from the Police Department on this matter. Council Member Hernandez wished all attendees a Happy Holidays. The Mayor dedicated this meeting to Chief of Police Michael Taylor for his years of service. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Council Member Pacheco, to Regular Meeting of 12/19/18 Page 7 of 8 adjourn the meeting at 8:56 p.m. Mayor ATTEST: Manuel Lozano, Mayor Jean M. Ayala, City Clerk APPROVED: Regular Meeting of 12/19/18 Page 8 of 8 STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works / DATE: January 16, 2019 SUBJECT: Accept Plans and Specifications, and Authorize Publishing of a Notice Inviting Bids for CIP-037, City Project No. 2018-0267, Various Street Improvements Project SUMMARY This item will authorize the publishing of a Notice Inviting Bids for City Project No. 2018-0267— Various Street Improvements Project. This project is listed in the Fiscal Year 2018/2019 Capital Improvement Program (CIP #19-37). The project work consists of paving approximately 4.5 centerline miles of residential and arterial corridors comprised of 16 street segments. Proposed improvements include coldmill and asphalt concrete overlay, removing and replacing damaged sidewalk, curb and gutter, upgrading and constructing new access ramps, adjusting maintenance sewer and storm drain covers, installing striping and pavement messages, and all appurtenant work per the plans and specifications. RECOMMENDATION It is recommended that the City Council: 1. Approve the plans and specifications for the Various Street Improvements Project; and 2. Authorize Staff to advertise a Notice Inviting Bids. FISCAL IMPACT There is no impact the general fund at this time. The following table lists the funds available for the project which is listed in FY 2018-19 #CIP19-037. In the event that bids exceed the total available funds, staff will determine an appropriation and make a recommendation for funding in the award of contract staff report. BACKGROUND On February 24, 2016, the City's on-call design firm, Infrastructure Engineers (IE) was tasked with completing the City's Pavement Management System update, a consolidation of the City's pavement condition index (PCI), pursuant to MTA requirements. The PMS Report completed and accepted by staff August 2017, identified streets including major arterial and residential streets to be in substandard condition based on PCI. This project is a collection of major arterial and residential streets that were prioritized by the report. The lower the condition of the street the higher the priority to have the street resurfaced to increase the average PCI of the City. On January 2"d, 2018 IE was tasked with completing the design, including plans and specifications for construction of improvements for the various streets. On September 5t", 2018 City Council approved the CIP Budget for FY 2018-19 which included appropriations and carry overs from Gas Tax, Surface Transportation Program, Proposition C, Measure R, and Measure M. On November 21, 2018 an additional set of residential streets was added to the project to be funded with SB1 Road Repair and Accountability funds. IE has completed all design services and Staff has reviewed and accepted the plans and specifications and has deemed the project ready to bid. DISCUSSION This project will furnish AC pavement maintenance, sidewalk repairs, and other concrete flatwork improvements to sixteen (16) street segments throughout the City. The AC pavement work includes grind and overlay of existing sections, removal and replacement of curb and/or gutter, sidewalks, curb ramps, cross gutter, and other improvements consistent with the City's Safe Routes to School Master Plan. Improvements also consist of installation of detectable warning surfaces, pruning tree roots and installing root barriers. Related work includes construction surveying, adjusting manholes and utility covers to finished grade, relocating mail boxes, traffic control and all appurtenant work. If approved, the project will be noticed for inviting bids on January 24, 2019. Bids received will be opened publicly on February 12, 2019. The lowest responsive bid is scheduled to be presented to the City Council on February 20, 2019 for consideration for award of contact. Construction is expected to commence in early March 2019 and be completed by July 2019. ENVIRONMENTAL REVIEW The subject Various Street Improvements Project is exempt from the California Environmental Quality Act (CEQA) pursuant to a Class 1 (Section 15201, Existing Facilities), subsection (c) exemption, which includes the repair, maintenance, and/or minor alteration of existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities (this includes road grading for the purpose of public safety) The key consideration for a Class 1 exemption is whether the project involves negligible or no expansion of an existing use. LEGAL REVIEW Not required. ALTERNATIVES 1. The City Council may choose not to approve the plans and specification for the project at this time. This action is not recommended as it will delay the construction of needed improvements. The Project has been reviewed and deemed ready for construction by Staff and shelving the project may pose significant cost constraints in the future. 2. Provide Staff with alternate direction. ATTACHMENTS 1. Notice Inviting Bids 2. Location Map Attachment 1 Notice Inviting Bids SectionA NOTICE INVITING SEALED BIDS City Project NO. 2018-0267—VARIOUS STREET IMPROVEMENTS PROJECT PUBLIC NOTICE IS HEREBY GIVEN that the City of Baldwin Park invites sealed bids forthe above -stated project, and will receive such bids in the offices of the City Clerk, 14403 Pacific Avenue, Baldwin Park, California 91706, until 10:00 A.M.. Tuesday, February 5, 2019 at which time the proposals will be publicly opened and read. Bidders and/or authorized agents are invited to be present. All information submitted with the bid is public information and may be subject to disclosure. Project Description — The general nature of work consists of furnishing all labor, material, equipment, services, and incidentals required for AC pavement maintenance, sidewalk repairs and other concrete improvements. The AC pavement work includes grind and overlay of existing AC section, removal and replacement of curb and/or gutter, sidewalks, curb ramps, cross gutter, and other improvements and related work as shown on plans. Other improvements include the installation of detectable warning surfaces, pruning tree roots and installing root barriers. Related work includes construction surveying, adjusting manholes and utility covers to finished grade, relocating mail boxes, traffic control and all appurtenant work. The bid items, corresponding estimated quantities, and the time allowed to complete the work are listed in the Proposal. The descriptions of bid items are defined in the Technical Provisions. Proposals— Bids shall be sealed and plainly marked "Sealed Bid for BID NO. 2018-0267." Bids must be prepared using the Contractor's Bid Proposal forms and all the other forms identified in the Instructions to Bidders. The forms required to complete a bid package are found in Section "C" of these Contract Documents. No bids will be accepted if not submitted using the approved forms. The Information to Bidders provides prospective bidders a summary of requirements for acceptance of bids, guidelines the City uses in awarding contracts, rules to ensure fairness in contractor procurement and guidelines to aid in interpretation of documents. The Construction Contract / Agreement define the Contract Documents which serve to control construction, work performed, and materials furnished, and includes the Specifications and Plans. Plans, Specifications, Documents — Specifications and proposal forms may be obtained at the Engineering Division office located at 14403 East Pacific Avenue, Baldwin Park, CA 91706, (626) 960-4011 on and after February 5, 2019 Monday through Thursday between the hours of 7:30 A.M. and 6:00 P.M. A $35.00 per set, non-refundable fee is required for these specifications and proposal forms. An additional $10.00 is added to the fee, if mailed. Alternatively, electronic versions of the specifications and proposal forms can be obtained at ciplist.com at no cost. Bid Security — Each bid must be accompanied by cash, certified check, cashier's check, or bidder's bond made payable to the City of Baldwin Park or issued by a surety admitted to do business in California, for an amount equal to at least ten percent (10%) of the amount bid. Such guaranty to be forfeited to the City of Baldwin Park should the bidder to whom A-1 the contract is awarded fail to enter into the contract. The City of Baldwin Park reserves the right to reject any and all bids and to waive any minor irregularities in the bid documents. Bidders may not withdraw their bid for a period of sixty (60) days after the opening date. City Business License, Contractors License and Permit— Prior to contract execution, the contractor and his/her subcontractors shall obtain a City of Baldwin Park business license. In accordance with provisions of Section 3300 of the California Public Contract Code, the City has determined that the Contractor shall possess a valid Class A California Contractor's Licenseor other appropriate license classification under the State Contracting Code at the time the contract is bid. Failure to possess such license may render the bid non responsive. The successful bidder will be required to obtain a City encroachment permit to work in public right- of -way, issued at no fee for the project. Prevailing Wages — In accordance with the provisions of Sections 1770 et seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done. The Contractor will be required to pay to all persons employed on the project by the Contractor sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter 1, Article 2, Sections 1770, 1773, 1773.1." These documents can be reviewed in the office of the City Clerk or may be obtained from the State. Contractor's Registration— In accordance with Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal on or after March 1, 2015, or (b) engage in the performance of this Work after April 1, 2015, unless currently registered with the Department of Industrial Relations and qualified to perform the Work pursuant to labor Code Section 1725.5. Compliance Monitoring and Enforcement — Contractor's performance of the Work described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Equivalent Securities — Pursuant to California Public Contract Code Section 22300, substitution of eligible and equivalent securities for any moneys withheld to ensure performance under the contract for the work to be performed will be permitted at the request and expense of the successful bidder, unless otherwise prohibited by law. Advertising Dates: SAN GABRIEL VALLEY EXAMINER: Thursday, January 24, 2019 Thursday, January 31, 2019 A-2 Attachment 2 Location Map ITEM NO. 5,4-1 TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park FROM: Rose Tam, Director of Finance DATE: January 16, 2019 SUBJECT: Treasurer's Report — November 2018 SUMMARY Attached is the Treasurer's Report for the month of November 2018. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for November 2018. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 11/3 01201 8 INVESTMENT INTEREST PURCHASE MATURITY State of Caiifomia Local Agency Investment Fund (LAIF) Cay -Including General Fund & all other Special Revenue Funds 2.21% Varies Varies Housing Authority 2.21% Varies Varies Citibank National Association (Mutual Securities) 1.80% 1/25/2018 1/25/2019 American Express Centurion (Mutual Securities) 1.60% 4/1212017 4/12/2019 EverbankJacksonvik (Mutual Securities) 1.55% 4116/2017 4/18/2019 Goldman Sachs Sk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 Sallie Mae Bk SLT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/2412020 Safra National Banc New York (Camella) 2.00% 411812018 4115/2019 Morgan Stanley Bank N A Utah (Cantells) 2.64% 4119/2018 4/2012020 US Treasury Bill (UBS) 2.07% 3/29/2018 312812019 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies Fiscal Agent Funds - Successor Agency (TrustlDebt Service Fund) Varies Varies Varies PAR CURRENT BOOK MARKET VALUE PRINCIPAL VALUE VALUE I $ 22,312,665.47 $ 22,312,665.47 S 22,312,885.47 $ 22,312,665.47 13,488.71 13,488.71 13,488.71 13,488.71 22,326,154.18 22,326,154.18 22,326,154.18 22,326,154.18 250,000.00 250,000.00 250,000.00 249,852.50 250,000.00 250,000.00 250,000.00 249,295.00 250,000.00 250,000.00 250,000.00 249,222.60 250,000.00 250,000.00 250,000.00 248,400.00 260,000.00 250,000.00 250,000.00 248,400.00 250,000.00 250,000.00 250,000.00 249,620.00 250,000.00 250,000.00 260,000.00 249,162.50 1,750,000.00 1,750,000.00 1,750,000.00 1,743,952.50 1,000,000.00 1,000,000.00 1,000.000.00 992,450.00 0.00 0.00 0.00 0.00 10,233.99 10,233.99 10,233.99 10,233.99 10,233.99 10,233.99 10,233.98 10,233.99 $__256086638$.17 $ 25,086.388.17 1 25" 0"6 388.17 $ 25,072 790.67 Total bwestmerds $ 25,086,388.17 Cash with Bank of the West Cay Checking 2,410,585.04 Money Market Plus 132,589.03 Cay Miscellaneous Cash 87,646.30 Successor Agency 163,786.94 Housing Authority 143,639.67 Financing Authority 0.00 Investment Brokerage 4,502.24 Taal Cash with Bank of the Weat 2,932,648.12 Total Cash and Investments $ 28,019,036.29 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. • There was no Investment maturity/purchase transactions made for the month of November 2018 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., l 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: PPVIL���- Rose Tam Director of Finance ITEM NO. 5.94 - 011- STAFF 2 STAFF REPORT TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin FROM: Rose Tam, Director of Finance DATE: January 16, 2019 SUBJECT: Approval of the Recognized Obligation Payment Schedule (ROPS 19-20) for the Period from July 1, 2019 to June 30, 2020 and Administrative Budget SUMMARY With the dissolution of local redevelopment agencies, the current state law requires the City Council acting as the governing body of the Successor Agency (SA) to the Dissolved Community Development Commission of the City of Baldwin Park ("CDC") with respect to redevelopment agency matters to review and approve an annual Recognized Obligation Payment Schedule (ROPS). After review and approval by the City Council acting as the Successor Agency, the ROPS must be approved by the Oversight Board and submitted to the County Auditor -Controller, the State Department of Finance (DOF), and the State Controller's Office. The Successor Agency is also required to approve an administrative budget in an amount not to exceed the maximum permitted under the Redevelopment Dissolution Act. Attached is the ROPS 19-20 for the period from July 1, 2019 through June 30, 2020 and the Administrative Budget for Fiscal Year 2019-20 for the Successor Agency's Board approval. FISCAL IMPACT The SA is requesting to receive $776,140 for the Fiscal Year 2019-20 enforceable obligations from the Redevelopment Property Tax Trust Fund (RPTTF) distributed by the County of Los Angeles per AB 26. However, these amounts are subject to approval of the California Department of Finance (DOF). RECOMMENDATION Staff recommends the City Council, as governing body of the SA: 1. Approve the ROPS 19-20 for the period of July 1, 2019 through June 30, 2020; and, 2. Adopt the Successor Agency Administrative Budget for Fiscal Year 2019-20; and, 3. Direct staff to proceed with submitting the final ROPS 19-20 to the LA County First District Consolidated Oversight Board for approval no later than January 21, 2019; and, 4. Send the approved ROPS 19-20 to the County Executive Office, County Auditor Controller, the State Controller, and DOF by February 1, 2019; and, 5. Instruct staff to post the approved ROPS 19-20 on the City's website. LEGAL REVIEW The City Attorney has reviewed as to form. BACKGROUND/DISCUSSION Assembly Bill X1 26 ("AB 26") was drafted with recognition that redevelopment agencies had a variety of debts and obligations that still must be met in order to avoid causing harm to the persons to whom those debts and obligations are owed. Successor agencies are supposed to receive tax revenues from the county auditors in order to ensure those obligations, referred to in AB 26 as "enforceable Page 2 obligations," will be met. In order to enable the County of Los Angeles to determine how much tax revenue a successor agency needs to meet its enforceable obligations; AB 26 requires the preparation of a series of schedules of enforceable obligations. Under AB 26, a ROPS must be prepared and presented to the City Council as the governing body of the successor agency for approval for each six-month period, from January 1 through June 30 and from July 1 through December 31, until all of the Commission's enforceable obligations have been paid in full. However, pursuant to the recently adopted SB 107, a single annual ROPS must now be submitted for each fiscal year from July 1 through June 30. The approved ROPS is then submitted to the LA County First District Consolidated Oversight Board for approval. Following Oversight Board approval, the ROPS is sent to the Department of Finance and other agencies. On June 27, 2012, AB 1484 was enacted providing technical amendments, new rules and new deadlines for the redevelopment dissolution process. As such, the SA must submit an Oversight Board approved ROPS 19-20 for the period of July 1, 2019 through June 30, 2020 to the DOF no later than February 1, 2019. If the ROPS is not submitted on time, there will be a civil penalty of $10,000 per day for every day that the ROPS is not submitted to the DOF. The penalty is to be paid to the County Auditor -Controller for distribution to the taxing entities. The SA must notify the County Executive Officer, the County Auditor Controller, and DOF, at the same time the SA submits a proposed action to the Oversight Board for approval. Also, all actions taken by the Oversight Board must be adopted by resolution. ALTERNATIVES State Law requires the City Council acting as Board Members of the SA to the Dissolved Community Development Commission to approve the ROPS 19-20 in order for the City to pay for CDC's obligations and administrative costs. If the ROPS 19-20 are not approved and submitted to the DOF by February 1, 2019 there is civil penalty of $10,000 a day until it is submitted. In addition, the SA would be unable to pay the obligations. This would cause former RDA bonds to go into default. ATTACHMENT 1) ROPS 19-20 for the period from July 1, 2019 to June 30, 2020 2) Successor Agency Administrative Budget FY 2019-20 Attachment 1 ROPS 19-20 3 2 �°0 k t Y t i fD U. O E C? . o —caiL Q m m W a c U 0 N 4; c Q N 7 C w 1 1 O> =Sa LL +� C m °' m 7 � f- R mac W'a L m K '° n r -m N c m a 0 1� c m ~ O f6 m m m IL a� m c E 0 m UW Y 0 LL 0 w z cn U. c 0LL o —caiL O m W a c U 0 m m 3 O c Q N 7 C w m m O LL +� C m °' m c � f- R mac W'a L m K '° n r -m N c m a 0 1� c ~ O f6 m m m IL LLN c 0 m UW Y 0 LL 0 w a 0 w Y_ a> m y > W m� >a m O c m c a Y 0 rnv @ v c d Z LL 0 H N •d �. M �. > a a> o c V o V O m L O m � Q d O N �, E Ocgzcca d w 40 U CL 0 m c c... :3.0 � U is_ 3 Q m U 0 W u. 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Im _ i N O N O CO) m c 7 Z 3 O O� r O N r 7 7 m O z O N 0) r N IL o0c m m r c m �a CL c O eo cm O .o N m O V CL m c E o -p Q m m O z E Attachment 2 Successor Agency Admin Budget City of Baldwin Park Successor Agency Administrative Budget for Fiscal Year 2019-20 Total (Based on Maximum Admin Cost Operating Administrative Costs Allowed) Consulting Services (Harrell & Co Advisors, LL) 2,000 Legal Fee 5,000 Audit Fee 6,000 Facility Rental 15,000 Information & Support Services Charges 10,000 Internal Insurance Charges 10,000 Oversight Board (Copies, Printing, & Supplies) 1,200 Training 600 49,800 Total Operating Administrative Costs 49,800 Total Successor Agency Administrative Budget for FY 2018-19 $ 250,000 Percent (%) of Total Labor Total Successor Agency: Non -Housing Personnel Cost Chief Executive Officer 8% 33,915 Director of Community Development 15% 38,850 Personnel Risk Manager 3% 6,760 Director of Finance 15% 47,394 Assistant Accounting Manager 18% 28,688 Accountant 9% 11,319 Accountant 9% 9,706 Management Assistant 5% 6,086 Sr. Finance Clerk 7% 7,379 Sr. Finance Clerk 8% 7,004 Sr. Finance Clerk 3% 3,099 Total Personnel Cost 200,200 Total (Based on Maximum Admin Cost Operating Administrative Costs Allowed) Consulting Services (Harrell & Co Advisors, LL) 2,000 Legal Fee 5,000 Audit Fee 6,000 Facility Rental 15,000 Information & Support Services Charges 10,000 Internal Insurance Charges 10,000 Oversight Board (Copies, Printing, & Supplies) 1,200 Training 600 49,800 Total Operating Administrative Costs 49,800 Total Successor Agency Administrative Budget for FY 2018-19 $ 250,000 SUMMARY This report requests City Council amend Development Agreement 18-20 between the City of Baldwin Park and the Tier One Consulting to change the location from 14726 Arrow Highway to 1516 Virginia Avenue within the IC, Industrial Commercial Zone pursuant to Ordinance 1408. RECOMMENDATION Staff recommends that the City hold a Public Hearing and Introduce for first reading, by title only, Ordinance 1435, entitled, "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH TIER ONE CONSULTING FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 1516 VIRGINIA AVENUE (APN 8558-029-031) WITHIN THE CITY OF BALDWIN PARK". FISCAL IMPACT The Development Agreement has a financial component that provides a positive fiscal impact to the City. Please refer to Attachment No. 3 for the specific financial details of the Agreement. CEQA In accordance with the provisions of the California Environment Quality Act (CEQA), it has been determined that the proposed Amendment to the Development Agreement, DA 18-20, will not have a significant impact of the environment and is Categorically Exempt pursuant to Article 19, Section 15301, Class 1, `Existing Facilities'. Furthermore, the new proposed location is within an existing building. DISCUSSION Development Agreement 18-20 was originally considered by the Planning Commission on June 13, 2018. Planning Commission adopted Resolution 18-13 recommending approval to the City Council of six (6) development agreements for Cannabis facilities, including DA 18-20. City Council adopted Ordinance 1412 on June 20, 2018 to authorize the City of Baldwin Park to enter into a development agreement with Tier One Consulting for the cultivation and/or manufacturing of Cannabis at 14726 Arrow Highway (APN: 8414-005-002) within the City of Baldwin Park. On November 26, 2018, the Planning Division received a letter from Ms. Marilyn Katherman, Representative of Tier One Consulting requesting a change of location for their approved cannabis permit from 14726 Arrow Highway to 1516 Virginia Avenue The letter cited the difference in size and current condition of the original location as the paramount reason for the change. In addition to the letter, a change of location application, application fee, new radius and label package, revised site plan, revised floor plan, revised security plan, revised neighborhood compatibility plan, revised vicinity map, and a copy of the escrow documents were submitted. An application for an added principle has also been received for this location. Planning Staff conducted the preliminary review of the new proposed site to ensure compliance with zoning and distance requirements. The new location is within the Industrial Commercial (IC) zone and is at a distance greater than 600 feet from a school, childcare facility, youth center or park and is a distance greater than 50 feet from a residential zone. On January 9, 2019 the Planning Commission adopted Resolution 19-01 recommending approval to the City Council to adopt Ordinance 1435 and amend DA 18-20 to change the location from 14726 Arrow Highway to 1516 Virginia Avenue., for the cultivation and/or manufacturing of adult and/or medical cannabis. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS #1 Amended DA 18-20, "Exhibit A" #2 Ordinance 1435 #3 Revised Informational Table: CAN 17-30 #4 Revised Vicinity Map #5 Findings of Fact #6 Change of Location Application ATTACHMENT #1 REVISED DA 18-20 AMENDED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND TIER ONE CONSULTING ARTICLE 1. PARTIES AND DATE. This Government Code Amended Statutory Development Agreement ("STATUTORY AGREEMENT") is entered January 9, 2019 for references purposes only and is Case No. 18-20 and is entered into between (i) the City of Baldwin Park ("City"), a California municipal corporation, and (ii) Tier One Consulting ("Owner'). This STATUTORY AGREEMENT shall become effective on the Effective Date defined in Section 3.1.9 below. ARTICLE 2. RECITALS. 2.1 WHEREAS, this Statutory Development Agreement is pursuant to Government Code and is intended to be a Statutory Development Agreement under and through Government Code Section 65864 et seq.; and 2.2 WHEREAS, the City is authorized pursuant to Government Code Section 65864 et seq. to enter into binding statutory development agreements with persons having legal or equitable interests in real property for the development of such property; and 2.3 WHEREAS, Owner commenced its efforts to obtain approvals and clearances to cultivate and manufacture medical and adult use cannabis in September 2017; and at that time the City determined that the uses authorized in this STATUTORY AGREEMENT were lawfully permitted and authorized to occur on Owner's Property, subject to Owner's acquisition of various entitlements, as discussed herein; and 2.4 WHEREAS, Owner voluntarily enters into this STATUTORY 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 STATUTORY AGREEMENT as it provides Owner with important economic and development benefits; and 2.5 WHEREAS, this STATUTORY AGREEMENT and the Project are consistent with the City's General Plan and Zoning Code and applicable provisions of the City's applicable Zoning Map and the Baldwin Park Municipal Code as of the Agreement Date; and 2.6 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 -1- 2.7 WHEREAS, this STATUTORY AGREEMENT will eliminate uncertainty in planning and provide for the orderly development of the Project and/or Property, ensure progressive installation of necessary improvements, and provide for public services appropriate to the development of the Project; and 2.8 WHEREAS, in implementation of the promulgated state policy to promote private participation in comprehensive planning and to strengthen the public planning process and to reduce the economic risk of development, the City deems the implementation of this STATUTORY AGREEMENT to be in the public interest and intends that the adoption of this STATUTORY AGREEMENT be considered an exercise of the City's police powers to regulate the development of the Property during the Term of this STATUTORY AGREEMENT; and 2.9 WHEREAS, this STATUTORY AGREEMENT is consistent with the public health, safety and welfare needs of the residents of the City and the surrounding region and the City has specifically considered and approved the impact and benefits of the development of the Property in accordance with this STATUTORY AGREEMENT upon the welfare of the region; and 2.10 WHEREAS, Owner intends to develop a Cannabis Manufacturing and Cultivation Facility pursuant to the Baldwin Park Municipal Code ("BPMC") Chapter 127 and all applicable state laws, rules, and regulations; and 2.11 WHEREAS, concurrently with execution of this STATUTORY AGREEMENT, City acknowledges that Owner has been authorized to cultivate and manufacture cannabis and cannabis related products at its facility or facilities up to 22,000 square feet. 2.12 WHEREAS, the City entered into a Development Agreement with Rukli, Inc. to be the exclusive distributor of cannabis and cannabis related products in the City of Baldwin Park. The City is entering into development agreements with owners for permits for cultivation and manufacturing of cannabis and cannabis related products in the City of Baldwin Park. The City prohibits the sale of cannabis and cannabis related products within the City of Baldwin Park so the cannabis and cannabis related products must be distributed to and sold in cities where it is legal to do so. Rukli, Inc. shall be the exclusive distributor for the cultivation and/or manufacturing permit holders within the City of Baldwin Park and City conditions the cultivation and/or manufacturing permits on Rukli, Inc. being the exclusive distributor for any permit issued by Baldwin Park for cultivation or manufacturing. ARTICLE 3. GENERAL TERMS. 3.1 Definitions and Exhibits. The following terms when used in this STATUTORY AGREEMENT shall be defined as follows: 3.1.1 "Agreement" means this STATUTORY AGREEMENT pursuant to Government Code Section 65864 et seq. IN corporation. 3.1.2 "City" means the City of Baldwin Park, a California municipal 3.1.3 "Days" mean calendar days unless otherwise specified. 3.1.4 "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" If applicable, includes grading, construction or installation of public and private facilities and the right to maintain, repair or reconstruct any private building, structure, improvement or facility after the construction and completion thereof; provided, however, that such maintenance, repair, or reconstruction take place within the Term of this STATUTORY AGREEMENT on the Property. 3.1.6 "Development Approvals" If applicable, means all 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. "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 STATUTORY AGREEMENT. 3.1.7 "Development Plan" If applicable, 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. 3.1.8 "BPMC" means the City of Baldwin Park Municipal Code. 3.1.9 "Effective Date" means the day this STATUTORY AGREEMENT is approved and adopted by the Baldwin Park City Council and signed by the Mayor of Baldwin Park or his designee. 3.1.10 "Existing Development Approvals" If applicable, means all Development Approvals approved or issued prior to or on the Effective Date. Existing Development Approvals include the 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. 3.1.11 "Existing Land Use Regulations" If and where applicable, means all Land Use Regulations in effect on the Effective Date. Existing Land Use Regulations include all regulations that are a matter of public record on the Effective Date as they may be modified by the Existing Development Approvals. 3.1.12 "Land Use Regulations" If and where applicable 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 -3- requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.1.13 "Mortgagee" If applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors - in interest. 3.1.14 "Owner" means Tier One Consulting. 3.1.15 "Processing Fees" means the normal and customary application, filing, plan check, permit fees for land use approvals, design review, tree removal permits, building permits, demolition permits, grading permits, and other similar permits and entitlements, and inspection fees, which fees are charged to reimburse the City's expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlements are granted or conducted by the City. 3.1.16 "Project" If applicable means the Development of the Property contemplated by the Development Plan, as such Development Plan may be further defined, enhanced or modified pursuant to the provisions of this STATUTORY AGREEMENT. The Project shall consist of this STATUTORY AGREEMENT, the Development Plans, the application, any and all entitlements, licenses, and permits related to the Project. 3.1.17 "Property" means the real property described as APN 8558-029-031 and identified in Section 3.4 and incorporated herein by this reference. Owner may modify the location or locations or add locations to the Property subject to City approval and all applicable zoning and distance requirements. 3.1.18 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objectives of the STATUTORY AGREEMENT. 3.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to Owner under this STATUTORY AGREEMENT and reserved to the City as described in Section 4.4. 3.1.20 "Space or Canopy Space" shall mean any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering, curing and/or harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used for storing any cannabis, no matter where such storage may take place or such storage space may be located. -4- 3.1.21 "Subsequent Development Approvals" If applicable, 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, but are not limited to, all excavation, grading, building, construction, demolition, encroachment or street improvement permits, occupancy certificates, utility connection authorizations, or other permits or approvals necessary, convenient or appropriate for the grading, construction, marketing, use and occupancy of the Project within the Property at such times and in such sequences as Owner may choose consistent with the Development Plan and this STATUTORY AGREEMENT. 3.1.22 "Subsequent Land Use Regulations" If applicable means any Land Use Regulations defined in Section 3.1.12 that are adopted and effective after the Effective Date of this STATUTORY AGREEMENT. 3.2 Documents. The following documents are attached to and, by this reference, are made part of this STATUTORY AGREEMENT: No. 1 — Legal Description of the Property. No. 2 — Map showing Property and its location. No. 3 —Application. 3.3 Binding Effect of STATUTORY AGREEMENT. The Property is hereby made subject to this STATUTORY AGREEMENT. Subject to Owner's receipt of all Development Approvals relative thereto, the Development of the Property is hereby authorized and shall, except as otherwise provided in this STATUTORY AGREEMENT, be carried out only in accordance with the terms of this STATUTORY AGREEMENT and the Development Plan, if any. In the event of conflict or uncertainty between this STATUTORY AGREEMENT and the Development Plan, the provisions of this STATUTORY AGREEMENT shall control. 3.4 Ownership of Property. Owner represents and covenants that it has a legal or equitable interest in the Property, which has an Assessor's Parcel Number of 8558- 029-031 and is more particularly described as 1516 Virginia Avenue, Baldwin Park, California 91706. 3.5 Term. The parties agree that the Term of this STATUTORY AGREEMENT shall be fifteen (15) years commencing on the Effective Date subject to the written extension and early termination provisions described in this STATUTORY AGREEMENT. Upon termination of this STATUTORY AGREEMENT, this STATUTORY AGREEMENT shall be deemed terminated and of no further force and effect, except terms that are expressly stated in this STATUTORY AGREEMENT to survive termination without the need of further documentation from the parties hereto. The STATUTORY AGREEMENT's Fee is subject to renegotiation after the first term, and every five year term thereafter. -5- 3.5.1 Term Extension. This STATUTORY AGREEMENT may only be extended by mutual agreement of City and Owner in writing and signed by Owner and the Mayor of Baldwin Park. If the Mayor of Baldwin Park does not sign the agreement or renegotiated agreement any such agreement is null and void. 3.6 Automatic Termination. This STATUTORY AGREEMENT shall automatically terminate upon the occurrence of any of the following events: (i) Expiration of the Term of this STATUTORY AGREEMENT as set forth in Section 3.5; (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. (iii) Failure to timely pay the Fee or Fees. Failure to timely pay the $50,000 towards the policy salary or benefits. Failure to pay any fees due to the City under this STATUTORY AGREEMENT. 3.6.1 Effect of Termination. Termination of this STATUTORY AGREEMENT shall constitute termination of all land use entitlements and permits approved for the Owner and/or the Property. Upon the termination of this STATUTORY 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 STATUTORY AGREEMENT which has occurred prior to such termination, or with respect to any obligations which are specifically and expressly set forth as surviving this STATUTORY AGREEMENT. 3.7 Notices. 3.7.1 Notice Defined. As used in this STATUTORY AGREEMENT, notice includes, without limitation, the communication of notice, request, demand, approval, statement, report, acceptance, consent, waiver, appointment or other communication required or permitted hereunder. 3.7.2 Written Notice and Delivery. All notices shall be in writing and shall be considered given: (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 personal delivery shown in the records of the delivery company after delivery to the recipient named below; or M (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: Tier One Consulting 1516 Virginia Ave. Baldwin Park, CA 91706 3.7.3 Address Changes. Either party may, by notice given at any time, require subsequent notices to be given to another person or entity, whether a party or an officer or representative of a party or to a different address, or both. Notices given before actual receipt of notice of change shall not be invalidated by the change. 3.8 Validity of this STATUTORY AGREEMENT. Owner and the City each acknowledge that neither party has made any representations to the other concerning the enforceability or validity of any one or more provisions of this STATUTORY AGREEMENT. The parties acknowledge and agree that neither party shall allege in any administrative or judicial proceeding that the entering into or the performance of any obligations created in this STATUTORY AGREEMENT violates federal or state law, with respect to all federal, state and local statutes, ordinances or regulations in effect as of the Effective Date. 3.9 Fee. Fee means the amount(s) set by the City, negotiated with Owner, to provide City commensurate benefit based on a private benefit conferred upon Owner. Fee shall include City's cost to research cannabis and cannabis laws and regulations, draft cannabis ordinance, conduct public meetings, negotiate development agreements, process applications, and any other acts taken by the City in furtherance of medical and adult commercial use of cannabis. ARTICLE 4. DEVELOPMENT OF THE PROPERTY. 4.1 Right to Develop. Owner shall, subject to the terms of this STATUTORY AGREEMENT, develop the Property with a commercial cannabis facility in accordance with and to the extent of the Development Plan and/or application. The Property shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan and/or application. 4.2 Effect of STATUTORY AGREEMENT on Land Use Regulations. Except as otherwise provided by this STATUTORY AGREEMENT, the rules, regulations and official policies and conditions of approval governing permitted uses of the 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 and/or -7- application. Provided, however, that in approving tentative subdivision maps, the City may impose ordinary and necessary dedications for rights-of-way or easements for public access, utilities, water, sewers and drainage, having a nexus with the particular subdivision; provided, further, that the City may impose and will require normal and customary subdivision improvement agreements and commensurate security to secure performance of 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 STATUTORY 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 STATUTORY 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. (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 STATUTORY 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 STATUTORY 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 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 STATUTORY AGREEMENT does not limit the authority of such other public agencies. The City shall reasonably cooperate with other public agencies processing Development Approvals for the Project. 4.6 Tentative Subdivision Map and Development Approvals Lifespan. The term of any tentative subdivision map shall be in effect for a period of fifteen (15) years, and may be extended pursuant to the provisions of the California Subdivision Map Act (Government Code §§ 66410 et seq.) All Development Approvals shall not expire if Owner commences substantial construction of the Project within one (1) year from the Effective Date of this STATUTORY 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 STATUTORY AGREEMENT. 4.9 City Records Inspection. Owner acknowledges and agrees that the City is empowered to examine Owner's books and records, including tax returns. The City has In 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 or manufactured, City may do so at any time with no prior notice to Owner. In addition, City agrees that all of its employees or agents which enter the cultivation, manufacturing, and curing areas shall follow all of the policies and guidelines imposed on Owner's employees, including without limitation, the wearing of any clothing or equipment to insure that no pests or impurities shall enter the cultivation and curing areas. ARTICLES. 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 STATUTORY AGREEMENT confers substantial private benefits on Owner which should be balanced by commensurate public benefits. Accordingly, the parties intend to provide consideration to the public to balance the private benefits conferred on Owner by providing more fully for the satisfaction of the public needs resulting from the Project. 5.2 For the first year, Owner will pay the City a total of $235,000 as a Fee. This fee is calculated based on $10.00 a square foot of permit space and a permit which allows up to 22,000 sq. feet, among other factors. 5.3 In year two and year three, the Fee will increase to $12.50 per sq. foot for a total of $285,000 per year. 5.4 At the beginning of year four, Owner will pay a Fee of $15.00 per sq. foot for a total of $330,000 per year. In year five, Owner will pay a Fee of $345,000. 5.5 The Fee schedule is as follows: The first Fee payment is due 6 months after this STATUTORY AGREEMENT is signed by the Mayor of Baldwin Park. The second and last payment for the first year is due 6 months after the first payment. For years 2 through 15, the Fee schedule is as follows: divide the total Fee for the respective year into four and make four equal payments due at the end of each quarter. If Owner and City cannot agree to a new Fee or Fees by December 22, 2022, this STATUTORY AGREEMENT will automatically terminate on December 23, 2022. 5.6 The Fee is subject to reassessment by the City every five years. At the end of year five, the City will set a new Fee which will be applied in years 6 through 10. At the end of year 10, the City will set new Fee which will be applied in years 11 through 15. No one factor is dispositive in the City's determination of the new Fee. The 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 $55,000 each year to the City that can be used to mitigate the impact of the cannabis business on the City and its resources which includes but is not limited to, to use to pay a part of a police officer's salary and/or benefits. This $55,000 amount will be due at the time the permit is issued. -10- Subsequent annual payments will be due on the permit issuance anniversary date. This payment is due within thirty (30) days of issuance of the permit and thereafter on the anniversary of the issuance of the permit. 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 of the Project's workforce shall consist of residents of the City. 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 and on local radio 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, upon issuance of its permit, 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 STATUTORY AGREEMENT. Owner will 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 STATUTORY AGREEMENT. ARTICLE 6. DISTRIBUTION AND TRANSPORTATION 6.1 Transportation of Cannabis. All pick ups and drop offs of cannabis and cannabis products into and out of the City of Baldwin Park shall be by the exclusive distributor, Rukli, Inc., or such other company should Rukli, Inc. no longer hold that right. Owner shall not, on its own or through any person or entity, arrange for pick ups or drop offs of cannabis or cannabis products into or out of the City of Baldwin Park for any purpose, except by the exclusive distributor. 6.2 Distribution of Cannabis. Owner shall distribute its cannabis and cannabis products only through the City's exclusive distributor. Owner shall cooperate fully with the City's exclusive distributor regarding the accounting for product, revenue and tax collection. 6.3 Owner and the City's exclusive distributor shall reach their own agreement regarding fees for the exclusive distributor's services. -11- ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The City Council shall review this STATUTORY AGREEMENT annually, on or before each anniversary of the Effective Date, in order to ascertain Owner's good faith compliance with this STATUTORY AGREEMENT. During the periodic review, Owner shall be required to demonstrate good faith compliance with all the terms of the STATUTORY AGREEMENT. 7.2 Special Review. The City Council may order a special review of compliance with this STATUTORY AGREEMENT at any time. 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 STATUTORY AGREEMENT, the City Council may automatically terminate this STATUTORY AGREEMENT notwithstanding any other provision of this STATUTORY AGREEMENT to the contrary, or modify this STATUTORY 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 compliance with this STATUTORY 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 STATUTORY 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 City's failure to conduct a periodic review of this STATUTORY AGREEMENT shall not constitute a breach of this STATUTORY 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 STATUTORY 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 STATUTORY AGREEMENT if it were to be liable in damages under this STATUTORY AGREEMENT, or with respect to this STATUTORY AGREEMENT or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this STATUTORY AGREEMENT shall constitute a default. In the event of alleged default or breach of any terms or conditions of this -12- STATUTORY AGREEMENT, the party alleging such default or breach shall give the other party thirty (30) days' notice in writing specifying the nature of the alleged default and the manner in which said default may be satisfactorily cured during any such thirty (30) day period, the party charged shall not be considered in default for purposes of termination or institution of legal proceedings. In general, each of the parties hereto may pursue any remedy at law or equity available for the breach of any provision of this STATUTORY AGREEMENT through any state court, except that the City shall not be liable in monetary damages, unless expressly provided for in this STATUTORY AGREEMENT, to Owner, to any mortgagee or lender, or to any successors in interest of Owner if successors in interest are permitted under this STATUTORY AGREEMENT or mortgagee or lender, or to any other person, and Owner covenants on behalf of itself and all successors in interest, if successors in interest are permitted under this STATUTORY AGREEMENT, to the Property or any portion thereof, not to sue for damages or claim any damages: (i) For any breach of this STATUTORY AGREEMENT or for any cause of action which arises out of this STATUTORY AGREEMENT; or (ii) For the impairment or restriction of any right or interest conveyed or provided under, with, or pursuant to this STATUTORY 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 request for a permit for cultivation, manufacturing and/or distribution or interpretation or effect of the provisions of this STATUTORY AGREEMENT. Owner hereby agrees to waive and/or release the City of Baldwin Park for any claim or claims or cause of action, not specifically and expressly reserved herein, which Owner may have at the time of execution of this STATUTORY AGREEMENT relating to any application to the City of Baldwin Park including but not limited to, any application for any type of distribution, cultivation or manufacturing permit, any application for any distribution, cultivation or manufacturing rights, or any application for any distribution, cultivation or manufacturing license from the City of Baldwin Park. CALIFORNIA CIVIL CODE SECTION 1542 The Owner expressly acknowledges that this STATUTORY AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at the time of execution hereof, that this STATUTORY AGREEMENT contemplates the extinguishment of any such Claim or Claims. The Owner specifically acknowledges and waives and releases the rights granted to Owner under California Civil Code Section 1542, which states as follows: "A general release does not extend to claims which the creditor does not -13- know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor." By expressly waiving the rights granted to Owner under California Civil Code Section 1542, the Owner represents that they understand and acknowledge that if they have suffered any injury, damage as a result of the application for or request for any permit from the City of Baldwin Park and (i) they are not presently aware of any damage or injury, or (ii) any damage or injury has not yet manifested itself, any claims for any such damage or injury are forever released and discharged. 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. 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 STATUTORY AGREEMENT and should be available to all parties for the following reasons: (i) Except as provided in Section 8.1, 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 STATUTORY 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 STATUTORY AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this STATUTORY 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 STATUTORY AGREEMENT only in the event of a default by the City in the performance of a material term of this STATUTORY AGREEMENT and only after providing written -14- 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. 8.4 Attorneys' Fees and Costs. In any action or proceeding between the City and Owner brought to interpret or enforce this STATUTORY AGREEMENT, or which in any way arises out of the existence of this STATUTORY 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 STATUTORY 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. 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 STATUTORY AGREEMENT until such default thereafter is cured by Owner or is waived by the City. If the City terminates this STATUTORY AGREEMENT because of Owner's default, then the City shall retain any and all benefits, including money or land received by the City hereunder. ARTICLE 9. THIRD PARTY LITIGATION. 9.1 General Plan Litigation. The City has determined that this STATUTORY 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 STATUTORY AGREEMENT or otherwise for any failure of the City to perform under this STATUTORY 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 STATUTORY 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 STATUTORY 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 -15- death, as well as from claims for property damage which may arise from Owner or Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, agents, or employees operations under this STATUTORY AGREEMENT, whether such operations be by Owner, or by any of Owner's contractors, subcontractors, or by any one or more persons directly or indirectly employed by, 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 defend its agents, officers and employees against and from any and all liabilities, demands, lawsuits, claims, government claims, actions or proceedings and costs and expenses incidental thereto (including costs of defense, settlement and reasonable attorneys' fees), which the City and its City Council members 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 STATUTORY AGREEMENT and the concurrent and subsequent permits, licenses and entitlements approved for the Project or Property; (ii) if applicable, the environmental impact report, mitigated negative declaration or negative declaration, as the case may be, prepared in connection with the development of the Property; and (iii) the proceedings or procedure undertaken in connection with the adoption or approval of any permit or any of the above. In the event of any legal or equitable action or other proceeding instituted by anyone against the City or its City Council, any third party (including a governmental entity or official) challenging the validity of any provision of this STATUTORY AGREEMENT or procedure upon which the permit was issued, or any portion thereof as set forth herein, the parties shall mutually cooperate with each other in defense of said action or proceeding. Notwithstanding the above, the City, at is sole option, may tender to Owner and Owner agrees to accept any such tender of the complete defense of any third party challenge as described herein. In the event the City elects to contract with special counsel to provide for such a defense, the City may do so in its sole discretion and Owner will be required to pay the defense costs of the City as the costs are incurred. Owner agrees to pay any and all attorney's fees or retainer regarding the selection of counsel, and Owner shall pay all costs and all attorneys' fees 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 -16- proceeding. The provisions of this Section 9.4 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 May Choose its Own Counsel. With respect to Sections 9.1 through 9.4, the City reserves the right to select its own special counsel or otherwise engages special counsel to defend the City hereunder, which fees will be paid by Owner. 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. 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 9.1 through 9.7 inclusive, shall survive the termination or expiration of this STATUTORY 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 STATUTORY AGREEMENT shall not prevent or limit Owner, in any manner, at Owner's sole discretion, -17- 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 STATUTORY 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 STATUTORY AGREEMENT and as long as such requests do not minimize, reduce, curtail, negate or in any way limit City's rights under this STATUTORY AGREEMENT. ARTICLE 11. MISCELLANEOUS PROVISIONS. 11.1 Entire Agreement. This STATUTORY AGREEMENT sets forth and contains the entire understanding and agreement of the parties, and there are no oral or written representations, understandings or ancillary covenants, undertakings or agreements that are not contained or expressly contained herein. No testimony or evidence of any such representations, understandings or covenants shall be admissible in any proceeding of any kind or nature to interpret or determine the terms or conditions of this STATUTORY 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 STATUTORY AGREEMENT shall be determined invalid, void or unenforceable, by a court of competent jurisdiction, the remainder of this STATUTORY 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 STATUTORY 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 STATUTORY AGREEMENT and the City would not have entered into this STATUTORY 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 STATUTORY 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 STATUTORY AGREEMENT are essential elements of this STATUTORY AGREEMENT and Owner would not have entered into this STATUTORY 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 STATUTORY 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 STATUTORY AGREEMENT and any dispute arising hereunder shall be governed and interpreted in accordance with the -18- laws of the State of California. This STATUTORY 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 STATUTORY 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 STATUTORY AGREEMENT. 11.5 Singular and Plural; Gender, and Person. Except where the context requires otherwise, the singular of any word shall include the plural and vice versa, and pronouns inferring the masculine gender shall include the feminine gender and neuter, and vice versa, and a reference to "person" shall include, in addition to a natural person, any governmental entity and any partnership, corporation, joint venture or any other form of business entity. 11.6 Time of Essence. Time is of the essence in the performance of the provisions of this STATUTORY AGREEMENT as to which time is an element. 11.7 Waiver. Failure by a party to insist upon the strict performance of any of the provisions of this STATUTORY AGREEMENT by the other party, or the failure by a party to exercise its rights upon the default of the other party, shall not constitute a waiver of such party's right to insist and demand strict compliance by the other party with the terms of this STATUTORY AGREEMENT thereafter. 11.8 No Third Party Beneficiaries. The only parties to this STATUTORY AGREEMENT are Owner and the City. This STATUTORY AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third party beneficiaries and this STATUTORY AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 11.9 INTENTIONALLY BLANK 11.10 INTENTIONALLY BLANK 11.11 Mutual Covenants. The covenants contained herein are mutual covenants and also constitute conditions to the concurrent or subsequent performance by the party benefited thereby of the covenants to be performed hereunder by such benefited party. 11.12 Counterparts. This STATUTORY AGREEMENT may be executed by the parties in counterparts, which counterparts shall be construed together and have the same effect as if all of the parties had executed the same instrument. 11.13 Jurisdiction and Venue. Any action at law or in equity arising under this STATUTORY AGREEMENT or brought by a party hereto for the purpose of enforcing, -19- construing or determining the validity of any provision of this STATUTORY 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. 11.14 Project as a Private Undertaking. It is specifically understood and agreed by and between the parties hereto that the development of the Project is a private development, that neither party is acting as the agent of the other in any respect hereunder, and that each party is an independent contracting entity with respect to the terms, covenants and conditions contained in this STATUTORY AGREEMENT. No partnership, joint venture or other association of any kind is formed by this STATUTORY 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. 11.15 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 STATUTORY AGREEMENT and the satisfaction of the conditions of this STATUTORY AGREEMENT. Upon the request of either party at any time, the other party shall promptly execute, with acknowledgment or affidavit if reasonably required, and file or record such required instruments and writings and take any actions as may be reasonably necessary under the terms of this STATUTORY AGREEMENT to carry out the intent and to fulfill the provisions of this STATUTORY AGREEMENT or to evidence or consummate the transactions contemplated by this STATUTORY AGREEMENT. 11.16 Eminent Domain. No provision of this STATUTORY AGREEMENT shall be construed to limit or restrict the exercise by the City of its power of eminent domain. 11.17 Agent for Service of Process. In the event Owner is not a resident of the State of California or it is an association, partnership or joint venture without a member, 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 STATUTORY AGREEMENT, with the Chief Executive Officer or his or her designee, upon its execution of this STATUTORY 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 STATUTORY 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. 11.18 Authority to Execute. The person or persons executing this STATUTORY AGREEMENT on behalf of Owner warrants and represents that he/she/they have the authority to execute this STATUTORY AGREEMENT on behalf of his/her/their -20- 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 STATUTORY 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 STATUTORY AGREEMENT and naming the officers that are authorized to execute this STATUTORY AGREEMENT on its behalf. Each individual executing this STATUTORY 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 STATUTORY 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 STATUTORY AGREEMENT is binding on that company or entity in accordance with its terms; and (iii) The company or entity is a duly organized and legally existing company or entity in good standing; and (iv) The execution and delivery of this STATUTORY AGREEMENT by that company or entity shall not result in any breach of or constitute a default under any mortgage, deed of trust, loan agreement, credit agreement, partnership agreement, or other contract or instrument to which that company or entity is party or by which that company or entity may be bound. 11.19 Nexus/Reasonable Relationship Challenges. Owner agrees that the fees imposed are in fact reasonable and related to the mitigation of the negative impacts of the business on the City and consents to, and waives any rights it may have now or in the future to challenge the legal validity of, the conditions, requirements, policies or programs set forth in this STATUTORY AGREEMENT including, without limitation, any claim that the terms in this STATUTORY AGREEMENT constitute an abuse of the police power, violate substantive due process, deny equal protection of the laws, effect a taking of property without payment of just compensation, and/or impose an unlawful tax. 11.20 [RESERVED] 11.21 No Damages Relief Against City. The parties acknowledge that the City would not have entered into this STATUTORY AGREEMENT had it been exposed to damage claims from Owner, or anyone acting on behalf of Owner for any breach thereof. As such, the parties agree that in no event shall Owner, or Owners' partners, or anyone acting on behalf of Owner be entitled to recover damages against City for breach of this STATUTORY AGREEMENT. 11.22 Laws. 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 -21- issued entitlements, permits, licenses, including any and all applicable development standards. Specifically, Owner agrees to comply with all applicable provisions of BPMC. 11.23 Compliance with Conditions of Approval. Owner agrees to comply with and fulfill all conditions of approval for any and all entitlement, permits, and/or licenses it receives from the City. All conditions of approval for all entitlements, permits and/or licenses are attached hereto and incorporated herein by this reference. 11.24 The City acknowledges that this STATUTORY AGREEMENT shall be read consistent with any statewide or national regulation of commercial cannabis that is promulgated in the future, either by legislative action or voter approval. In the event national or statewide regulations are promulgated which decriminalize or legalize the adult -use of marijuana for recreational use, this STATUTORY AGREEMENT shall govern the conduct of the property under such future regulations. IN WITNESS WHEREOF, the parties hereto have caused this STATUTORY AGREEMENT to be executed as of the dates written above. CITY OF BALDWIN PARK TIER ONE CONSULTING By: Manuel Lozano, Mayor By: ATTEST: By: David Ju City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Robert N. Tafoya, City Attorney -22- Legal Counsel for Tier One Consulting ATTACHMENT #2 ORDINANCE 1435 ORDINANCE 1435 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, AUTHORIZING THE CITY OF BALDWIN PARK TO ENTER INTO A DEVELOPMENT AGREEMENT WITH TIER ONE CONSULTING FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 1516 VIRGINIA AVENUE (APN 8558-029-031) WITHIN THE CITY OF BALDWIN PARK WHEREAS, a Development Agreement with the City of Baldwin Park will be required; and WHEREAS, a duly noticed public hearing was held by the Planning Commission of the City of Baldwin Park on January 9, 2019, to receive comments and consider recommendation to City Council of the proposed Development Agreement; and WHEREAS, the Planning Commission at such hearing, did recommend that the City Council approve the proposed Agreement; and WHEREAS, the City Council held a duly noticed public hearing pursuant to law on the Agreement on January 16, 2019; and WHEREAS, the City Council has reviewed the Development Agreement (attached as Exhibit "A" herewith and incorporated herein by reference) and finds and declares that compliance with all notice, hearing, and procedural requirements as set forth by law have been met, thus allowing the City Council to review and consider the approval of the attached Development Agreement; and WHEREAS, the City Council hereby specifically finds that the provisions of the Development Agreement are consistent with the General Plan of the City; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole; and WHEREAS, the City Council hereby specifically finds that the Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5.; and WHEREAS, as required by law, the City Council gave first reading to the proposed ordinance on January 16, 2019. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: SECTION 1. In accordance with the provisions of the California Environmental Quality Act (CEQA), it has been determined that the proposed Development Agreement Projects (DA 18-20) will not have a significant impact of the environment and are Categorically Exempt pursuant to Article 19, Section 15301, Class 1, 'Existing Facilities' or Class 32, 'In -fill Development Projects'. Furthermore each of the locations is proposed within an existing building. SECTION 2. The City Council hereby adopts the following findings of fact required by Subchapter 153.210.860 of the City's Municipal Code relating to Development Agreements: 1. The Development Agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because both of the locations of the cannabis distribution business are located within the I -C, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on-going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 20% of the businesses workforce shall consist of Baldwin Park residents. 2. The Development Agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended' by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3. The Development Agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The Development Agreement is in conformance with the general area and City as a whole as it is located within the I -C, Industrial Commercial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. Security measures for the facility include, alarms, video surveillance, and a comprehensive employee training program. 4. The Development Agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement (Reference Attachments #2 through #5 to the Planning Commission and City Council staff report dated January 16, 2019) is consistent with California Government Code Sections 65864-65869.5. SECTION 3. The City Council hereby approves and adopts the Development Agreement, in the form as attached hereto as Exhibit "A", and authorizes and directs the Mayor to sign it in the name of the City of Baldwin Park. SECTION 4. This ordinance shall go into effect and be in full force and operation from and after thirty (30) days after its final reading and adoption. First read at a regular meeting of the City Council of the City of Baldwin Park held on the 16th day of January, 2019, and adopted and ordered published at a regular meeting of said Council on the 16th day of January, 2019. PASSED, APPROVED, AND ADOPTED this 16th day of January, 2019. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: CITY OF BALDWIN PARK I, JEAN AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on January 16, 2019. Thereafter, said Ordinance No. 1435 was duly approved and adopted at a regular meeting of the City Council on January 16, 2019 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN AYALA CITY CLERK ATTACHMENT #3 REVISED INFORMATIONAL TABLE CAN17-30 DA 18-20 Location 1516 Virginia Avenue. APN: 8558-029-031 Zoning of Subject Location I -C Industrial Commercial Principal Names David Ju Company Name Tier One Consulting Term of Development Fifteen (15) years from 6/20/18 Aareement Payment Schedule December 31 and June 30 for year #1 Quarterly for Years #2 through #15—Four equal Year #1--$235,000 Years #2 and #3--$285,000 Payment Amount Year #4--$330,000 Year #5--$345,000—The Mitigation Fee is subject to reassessment by the City every five 5 ears. Floor Area of Buildings Approximately 18,027 square feet Employee Requirements At least 20% of the Projects workforce shall consist of residents of the City. ATTACHMENT #5 REVISED FINDINGS OF FACT DA 18-20 FINDINGS OF FACT 1) The development agreement is consistent with the General Plan objectives, policies, land uses and implementation programs and any other adopted plans or policies applicable to the agreement. Because the location of the cannabis cultivation/manufacturing business is located within the I, Industrial Zone, it is anticipated that the use of the property is consistent with the other light industrial uses within the area. The adoption of cannabis cultivation and manufacturing activities is also consistent with Goal 1.0 of the City's Economic development Element in the General Plan in that the City encourages and facilitates activities that expand the City's revenue base. Furthermore, Goal 6.0 of the same element encourages the expansion of the City's diverse industrial base. Policy 6.5 of Goal 6.0 encourages an on-going campaign with local businesses to hire local residents. This Development Agreement requires that a minimum of 20% of the businesses workforce shall consist of Baldwin Park residents. 2) The development agreement is compatible with the uses authorized in, and the regulations prescribed for, the land use district in which the real property is located. Pursuant to Ordinance 1401, adopted by the City Council on August 16, 2017, effective on September 16, 2017 (and as subsequently amended by Ordinance 1403 refining the measurement of distances) cannabis cultivation, manufacturing and distribution activities are allowed within the City provided all of the development standards in Chapter 127 of the City's Municipal Code are met. Dispensaries remain prohibited throughout the City. 3) The development agreement is in conformance with the public convenience and general welfare of persons residing in the immediate area and will not be detrimental or injurious to property or persons in the general neighborhood or to the general welfare of the residents of the city as a whole. The development agreement is in conformance with the general area and City as a whole as it is located within the I, Industrial Zone surrounded by lighter industrial uses. The use exceeds the distance requirement of fifty (50) feet between cannabis uses and the closest residential zone; furthermore, pursuant to Section 127.07.E.1 of the City's Municipal Code, the cannabis use is not nearby any sensitive uses such as schools, day care centers, parks or youth centers. 4) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. DA 18-20 Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement (Reference Attachments #1 through #5 to the Planning Commission and City Council staff reports dated January 9 and January 16, 2019) is consistent with California Government Code Sections 65864-65869.5. ATTACHMENT #4 REVISED VICINITY MAP VICINITY MAP CASE NUMBER: DA 18-20 LOCATION: 1516 Virginia Avenue DATE: January 16, 2019 ATTACHMENT #6 CHANGE OF LOCATION APPLICATION CANNABIS PERMIT APPLICATION (Amendment) Page 1 of 4 CANNABIS PERMIT APPLICATION of �pLDwi,�, (Amendment --Location) HU OF 'yA This application amendment pertains to the update of an existing and approved V 7� Cannabis Permit. All fees paid are nonrefundable regardless of outcome. SA EL e A E 114' Section 127.09 of the City's Municipal Code states that ..."No Licensee is authorized to relocate to other areas or units within a building structure without first filing a 7ZO SAW change of location application and obtaining approval from the City Council..." Due to City staffing constraints, Applicants are directed to schedule appointments with the Planning Division to submit applications. Otherwise, there is no guarantee that a city planner will be available to take in applications. Applications may not be dropped off without review from a city planner. Further, no mailed or e-mailed applications will be accepted. Business Name: DJCBP Corporation dba Tier One Consulting Business Contact (Individual): David Jae Ju Business Contact Title: CEO Business Contact Mailing Address: 3435 Wilshire Blvd. Suite 2410 Los Angeles,CA 90010 Primary Phone No.: 714-653-4001 Emergency Contact Name & Phone No.: Joyce Minsook Cho 213-503-2590 E-mail: djhj@prodigy.net Permit Being Requested: Please mark all applicable boxes below to identify which cannabis operations permits you are seeking through this Cannabis Permit Application Amendment. A separate application and fee is not necessary for each category type in which you are submitting an application for consideration. One application and application fee suffices for all categories. However, you must include in your application package all the information requested for each category you seek to operate. Neighborhood Compatibility, Air Quality and Safety & Security Plans will be required to be updated to reflect the amendment. ® Cultivation: Square Footage: 15,000 IN Manufacturing: Square Footage: 3,000 ❑ Distribution: Building Square Footage: CANNABIS PERMIT APPLICATION (Amendment) Page 2 of 4 Section A: Commercial Cannabis Business Description and Location APN# 855 EF02 9031 1. Proposed Location of Business (include APN's): 1516 Virginia Avenue, Baldwin Park 2. Name and Address of Property Owner 1516 Virginia LLC 1516 Virginia Ave. Baldwin Park, CA 91706 3. Name and Address of School Closest to Proposed Location: Foster Elementary School 13900 Foster Avenue Baldwin Park, CA 91706 1500 ft from site 5. Description of neighborhood around the proposed location (i.e., surrounding uses, nearby sensitive uses such as churches, schools, parks, or libraries) and transit access to site. A separate sheet may be attached. See Attached Required Plan Submittals (Plans shall be drawn to scale): 1. Site Plan for each potential location. The Site Plan must be dimensioned and show the entire parcel, including parking and additional structures. 2. Conceptual Building Elevations if new construction. If existing buildings, submit photographs, and include any proposed exterior building alterations if applicable. 3. Floor Plans, including any proposed interior alterations. 4. Vicinity Map. It is the Applicant's responsibility to prove to the City that the cannabis operation's location is at least 600 feet from all sensitive uses and 50 feet from all residential zones. The measurement is from property airspace line to property airspace line on each lot. However, in the case of commercial condominiums, measurement is taken from the airspace property line. 5. Photos of the site and building(s) from all sides/directions. Section B: Required Supplemental Information This information is required for this application amendment to be considered complete. Attach the following reports to the amendment. IN Neighborhood Compatibility Plan CANNABIS PERMIT APPLICATION (Amendment) Page 3 of 4 © Safety and Security Plan © Air Quality Plan Section C: Final Location Information Multiple sites per application can be considered. Attach proof of ownership of the site or a signed, executed lease document will also suffice. Section D: Essential, Supplemental Information This information is required and you must submit this as part of meeting the requirements for a completed application. Check the box evidencing that you have submitted and attached to this Application the items described below. ® Suitability of the proposed property: Applicant must demonstrate that the proposed location(s) exceeds all buffer zones established in the Cannabis Ordinance. ® Suitability of security plan: The Applicants security plan must include the presence of security personnel on premises or patrolling the premises twenty-four (24) hours per day. The Applicant's security plan must demonstrate a method to track and monitor inventory so as to prevent theft or diversion of cannabis. The Applicant's security plan must describe the enclosed, locked facility that will be used to secure or store cannabis when the location is open and the steps taken to ensure cannabis is not visible to the public. The Applicants security plan must include measures to prevent the diversion of cannabis to persons under the age of twenty-one (21). ® Environmental impact: Application should indicate if the business uses renewable energy sources. Section E: Fees Please attach a cashier's check or money order made payable to the "City of Baldwin Park" for the following fees: © Cannabis Permit Application Amendment Fee: $2,171.70 Staff use only: Date of application amendment submittal: Number assigned to application: VA- /44 Zy Date fee received: Date application reviewed: - 1' 12608 Date Proof of ownership was verified: /� !�6 ! d Planning Division ❑ Incomplete Application Complete Application Cannabis Subcommittee CANNABIS PERMIT APPLICATION (Amendment) Page 4 of 4 ❑ NOT In Compliance with Cannabis Ordinance Locational Criteria ❑ In Compliance with Cannabis Ordinance Locational Criteria ❑ Not Recommended for Council Consideration ❑ Recommended for Council Consideration STAFF REPORT ITEM NO. 6 TO: Honorable Mayor and Members of the City Council FROM: Shannon Yauchzee, CEO DATE: January 16, 2019 SUBJECT: Introduction of an Amended Ordinance to Regulate Sidewalk Vending SUMMARY This report requests that the City Council introduce an amended ordinance to regulate sidewalk vending and modify the identification requirements. RECOMMENDATION Staff recommends that the City Introduce for first reading, by title only and waive further reading, Ordinance 1436, entitled, "AN AMENDED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REGULATING THE BUSINESS OF SIDEWALK VENDING AS DEFINED BY STATE LAW". FISCAL IMPACT There is no fiscal impact. BACKGROUND A new State Law (law) regulates how local authorities address sidewalk vending. The law requires a local authority that elects to adopt a sidewalk vending program to, among other things, not require a sidewalk vendor to operate within specific parts of the public right-of-way, except when that restriction is directly related to objective health, safety, or welfare concerns, and not restrict sidewalk vendors to operate only in a designated neighborhood or area, except as specified. The law would authorize a local authority to, by ordinance or resolution, adopt additional requirements regulating the time, place, and manner of sidewalk vending, as specified, if the requirements are directly related to objective health, safety, or welfare concerns. In 2018, Baldwin Park adopted such an ordinance. At that time there were questions on the identification, fees, and insurance requirements. The ordinance is proposed to be amended to read: (a) California driver's license or social security numbers or any other legally acceptable governmental identification card containing the personal information and a picture of the above described natural persons. The fees for business license as adopted by resolutions are as follows. The fees are the same or less than paid by other competing businesses: Vending Business License Fees will be under the "BUSINESS NOT SECIFICALLY NAMED" category as listed below: 1 Business License Fee Assessment Fee Processing Fee General Plan Tech Fee State Mandated SB1186 TOTAL $108.50 $50.00+$9.00 for each employee over 3 $37.50 (75% of the Business License Fee) $10.00 $7.00 $4.00 Note: Fingerprints/background: $165 is required before accepting and processing Business License Application. The requirement for insurance only applies to vehicle owners in this case and would therefore not apply to sidewalk vendors. ALTERNATIVES An alternative is to not change the current ordinance. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Ordinance 1436 Attachment 1 Ordinance 1436 ORDINANCE NO. 1436 AN AMENDED ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK REGULATING THE BUSINESS OF SIDEWALK VENDING AS DEFINED BY STATE LAW WHEREAS, state law has declared that Sidewalk Vending provides important entrepreneurship and economic development opportunities to low-income and immigrant communities; and WHEREAS, the safety and welfare of the general public are served by adopting a program and regulatory scheme consistent with SB 946 which goes into effect on January 1, 2019; and WHEREAS, Sidewalk Vending contributes to a safe and dynamic public space; and WHEREAS, the safety and welfare of the general public are promoted by prohibiting criminal penalties for violations of sidewalk vending ordinances and regulations. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY ORDAIN: SECTION 1. That Chapter 122 of the Baldwin Park Municipal Code is hereby amended as follows: CHAPTER 122: STREET VENDORS General Provisions 122.01 Definitions 122.02 Sales from human -powered devices 122.03 Exemptions 122.04 Regulations for sales from vehicles Permits/Business License 122.15 Application for operator's permit; contents; required fee 122.16 Application for vendor's permit; contents; required fee 122.17 Investigation of applications 122.18 Issuance 1 122.19 Denial 122.20 Revocation 122.21 Appeals 122.99 Penalty GENERAL PROVISIONS § 122.01 DEFINITIONS For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning. GOODS or SERVICES. This shall include items and products of every kind and description, including all foods, produce, beverage items, merchandise, wares, as well as the provision of any service or labor. HUMAN -POWERED DEVICE. Any device moved by human power including, but not necessarily limited to, any pushcart, wagon, bicycle, tricycle or other wheeled container or conveyance. OPERATOR. Any person or entity owning, operating or otherwise controlling any business involving the vending of goods or services from a vehicle. PARKWAY. That area between the edge of the roadway and the adjacent property line, including sidewalks. PERSON. Any natural person, firm, partnership, association, corporation or other entity of any kind or nature. PUBLIC PROPERTY. Any real property, or interest therein, owned, leased, operated or otherwise controlled by the city other than a street, alley, parkway, or sidewalk. PUBLIC RIGHT-OF-WAY. That portion of land dedicated to the city, in fee, as an easement, or otherwise, for public use for public street purposes which includes, but is not limited to, roadways, parkways, alleys, sidewalks, and all other public ways and paths. "SIDEWALK VENDOR" means a person who sells food or merchandise from a pushcart, stand, display, pedal -driven cart, wagon, showcase, rack, or other nonmotorized conveyance, or from one's person, upon a public sidewalk or other pedestrian path. "ROAMING SIDEWALK VENDOR" means a sidewalk vendor who moves from place to place and stops only to complete a transaction. "STATIONARY SIDEWALK VENDOR" means a sidewalk vendor who vends from a fixed location. 2 VEHICLE. This term shall be defined as in the Vehicle Code of the state and shall include any human -powered device. VEND, VENDING, SELL or SELLING. The sale or offering for sale of any goods or services to the public. VENDOR. Any person who engages in the act of vending from a vehicle or drives or otherwise operates any such vehicle for the purpose of vending therefrom. § 122.02 SALES FROM HUMAN POWERED DEVICES. It is unlawful for any person to sell or offer for sale, or to operate a human powered device or conduct any business for the purpose of causing the sale of or offering for sale, any goods or services from any human -powered device parked, stopped, or standing on any public street, alley, parkway, sidewalk or other public property in the city except as follows: (A) Sidewalk Vendors shall not vend within 25 feet of an intersection, traffic signal, railroad crossing or controlled crosswalk. Sidewalk Vendors shall not vend in any area that would block traffic or parking or that would cause vehicles to stop in traffic lanes. Sidewalk Vendors shall not vend or sell to customers in moving operating vehicles. (B) Shall not vend in a city park or facility when an exclusive agreement is in place with the City and a food vendor. (C) Sidewalk Vendors shall not vend in a park or City facility between the hours of 10 pm and 7 am. Sidewalk Vendors shall not vend in driveways, parking lots or any area that would block traffic or parking or cause traffic to back up and be delayed. (D)Vendors shall not vend in a school zone or within 500 feet of a school during loading and unloading times or at any time when children are present. (E) Sidewalk Vendors shall not vend in any Residential Zoned areas except for roaming sidewalk vendors, vending from the sidewalk and not blocking traffic or parking spaces nor vending to customers in moving operating vehicles. Roaming vendors shall keep moving and shall not be stationary except as necessary to complete a sale. (F) Vendors shall at all times hold and display a Los Angeles County Health Department permit. Carts shall be returned to an approved commissary each night for servicing, cleaning, and restocking. (G)Vendors shall at all times hold and display a City of Baldwin Park business license. (H)Vendors shall maintain sanitary conditions including but not limited to proper disposal of trash and waste. (1) Vendor shall comply with NPDES regulations and implement BMPs for stormwater runoff draining into municipal storm drains (J) Vendors shall comply with ADA and shall not block any required ADA path of travel. 3 (K) Sidewalk Vendors shall not chain, tie, lock or fasten to any streetlight pole, sign, fire hydrant or any object within the public right-of-way (L) Sidewalk Vendors shall not vend within: a. any designated bicycle or vehicular pathway b. 50ft of bus stop or bus shelter c. 25ft of a fire hydrant d. 25ft of a driveway approach e. 18 -in from curb edge (M)Vendors that set up on a public sidewalk shall obtain an encroachment permit from Public Works. Vendor shall hold permit on premises and make it available at all times. (N) Vendors shall possess a valid California Department of Tax and Fee Administration seller's permit. (0)Sidewalk vendors shall submit information on his or her operations, including, but not limited to, any of the following: (P) The name and current mailing address of the sidewalk vendor. A description of the merchandise offered for sale or exchange. Proof of liability insurance; A Vendor who sells Food, in addition to the requirements of this subdivision, shall certify completion of a food handier course and present a copy of the course completion certificate. A certification by the vendor that to his or her knowledge and belief, the information contained on the form is true. The California seller's permit number (California Department of Tax and Fee Administration sales tax number), if any, of the sidewalk vendor. If the sidewalk vendor is an agent of an individual, company, partnership, or corporation, the name and business address of the principal. (Q)Vendors shall not vend within 1000 feet of any City special event, farmers market, street fair, concert, or similar venue; or any Temporary Use Permit such as filming, parades, or outdoor concerts. (R) Street Vendors shall comply with and provide evidence of compliance to any applicable local, state or federal rules, regulations or laws. § 122.03 EXEMPTIONS The requirements of this chapter shall not apply to the following: (A) Any person delivering any goods or services by vehicle where such goods or services have been ordered in advance for such delivery from any business located at a permanent location and which goods or services are being delivered from such location to the customer by vehicle, regardless of the point of sale thereof. (B) Any person engaged in the vending of goods or services on public property where such person has been authorized by the city to engage in such activity by a permit, lease, real property license, agreement or other entitlements issued by the city for such purpose. 4 (C) Charitable solicitations conducted by or for nonprofit organizations exempt under 26 U.S.C. §501 (c) (3). § 122.04 REGULATIONS FOR SALES FROM VEHICLES It is unlawful for any person to sell or offer for sale, or operate any vehicle or conduct any business for the purpose of causing the sale or for offering for sale, any goods or services from any vehicle parked, stopped or standing upon any public street, alley, parkway, sidewalk or other public property in the city except in accordance with all applicable provisions of the code and in compliance with each of the following requirements: (A) Such vending shall be only by means of a vehicle duly registered and licensed by the state with an unladen weight of less than 6,000 pounds. (B) Such vending shall be limited to public streets only and shall not be permitted upon any alley, parkway, sidewalk, or other public property. (C) Each operator shall possess and at all times display in conspicuous view upon each such vehicle a city business license pursuant to Chapter 110 of this code of ordinances. (D) Each operator shall possess and at all times display in conspicuous view upon such vehicle an unexpired and unrevoked operator's permit issued pursuant to § 122.15. (E) It is unlawful for any vendor to sell or offer for sale any goods or services from any vehicle pursuant to this section unless such person possesses and at all times while conducting such vending maintains upon his or her person an unexpired and unrevoked vendor's permit issued pursuant to § 122.16. (F) It is unlawful for any operator to permit or allow any vendor under such operator's control, direction, charge or employ to vend any goods or services from any vehicle pursuant to this section unless such vendor possesses an unexpired and unrevoked vendor's permit issued pursuant to § 122.16. (G) Each operator causing the sale of or offering for sale any produce or other food item for which a food handling permit or other health permit is required by law shall possess and at all times display such required permit(s) in conspicuous view upon such vehicle. (H) No vending from such vehicle shall be permitted for a period of time in excess of ten minutes in any one location and said vehicle must be moved a distance of not less than 100 feet between consecutive stops at which vending occurs. (1) No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street. (J) No vehicle shall be parked, stopped, or left standing in any manner which blocks or impedes vehicular access to any driveway or restricts the free movement of other vehicles upon the public street. (K) Each vehicle shall be equipped with a trash receptacle of a size adequate to accommodate all trash and refuse generated by such vending. 5 (L) Each vendor shall pick up and deposit in the trash receptacle on the vehicle any paper, cups, wrappers, litter or other refuse of any kind which were a part of the goods or services supplied from the vehicle and which have been left or abandoned within 25 feet of such vehicle on any public property other than in a trash receptacle provided for such purposes. No vendor or operator shall dispose of any trash or refuse in any such public or private trash receptacle other than a trash receptacle owned, operated or otherwise provided by and under the control of such vendor or operator. (M) No vending shall be permitted except after the vehicle has been brought to a complete stop and parked adjacent to the curb in a lawful manner. (N) Any vehicle from which vending occurs pursuant to this section shall have the same name, address and telephone number of the holder of the operator's permit permanently affixed on both the left and right sides of the vehicle. Such information shall be in contrast to the color of the background upon which the letters are placed. (0) No vending shall be permitted by any operator or conducted by any vendor except between the hours of 9:00 am and 8:00 pm of each day. (P) Any use of amplified sound making devices, including vehicle horns, to advertise, draw attention to or to announce the presence of any such vehicle shall comply with the limitations and provisions set forth in § 130.40 et seq. of this code of ordinances. No amplified sound making devices shall be used for such purposed upon any public street immediately contiguous to any residential zone property within the city. Nonamplified sound -making devices shall be permitted for such purposes provided such sounds shall not be made while the vehicle is stopped, parking, or otherwise in a stationary position; and such sounds shall not be audible to a person with normal hearing for a distance of more than 200 feet. (Q) Any operator or vendor using scales or any other weighing or measuring devices shall have all such scales and devices inspected and sealed by the Weights and Measures Division of the Los Angeles County Department of Agriculture. (R) All foods, beverages, utensils and equipment offered for sale or utilized on vending vehicles shall at all times be protected from contamination and pollution by dust, dirt, flies, vermin, rodents, animals, unnecessary handling, droplet infection, overhead leakage, insecticides, rodenticide, cleaning compounds and other poisonous or deleterious substances, and all other forms of contamination. (S) Any ice cream truck shall be equipped at all times, while engaging in vending in a residential area, with signs mounted on the front and rear clearly legible from a distance of 100 feet under daylight conditions, incorporating the words "WARNING" and "CHILDREN CROSSING". Each sign shall be at least 12 inches by 48 inches wide, with letters of a dark color, at least four inches in height, a one - inch wide solid border, and a sharply contrasting background. (T) The driver of the ice cream truck shall be required to place an orange cone at the left rear of the portion of the vehicle after the vehicle has been stopped and parked adjacent to the curb. (U) No ice cream trucks shall be permitted to vend on streets with a speed limit of more than 25 miles per hour. (V) The driver of the ice cream truck shall have an unobstructed view for 200 feet in both directions along the street and of any traffic on the said street. Unless otherwise waived by the city police department and, in addition to other equipment required by law, each food vending vehicle shall be equipped with the following: (1) A convex mirror mounted so that the occupant of the driver's seat can see the area in the front of the truck which is obscured by the vehicle's hood. (2) A back-up alarm audible for a distance of at least 100 feet. (Ord. 1082, passed 5-18-94; Am. Ord. 1265, passed 8-17-05) Penalty, see § 122.99. PERMITS/BUSINESS LICENSE § 122.15 APPLICATION FOR OPERATOR'S PERMIT; CONTENTS; REQUIRED FEE. (A) Any person desiring to obtain an operator's permit to conduct or otherwise operate the business of vending goods or services pursuant to this section shall submit an application to the Business License Official/Finance Department. The application shall be accompanied by a non-refundable application fee in such amount established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable application fee paid yearly for the renewal application. (B) Each applicant for an operator's permit shall furnish the following information and documentation as part of or in conjunction with such application: (1) The present or proposed address from which the business is to be conducted. (2) The full true name under which the business will be conducted. (3) The full true name and any other names used by the applicant. (4) The present residence and business addresses and telephone numbers of the applicant. (5) A description of the goods or merchandise which the business will vend. (6) The number of vehicles to be owned, operated or controlled by the applicant and the makes, body styles, years, serial and engine numbers, state license plate numbers, and names and addresses of the registered and/or legal owners of each vehicle. (7) A description of the logo, color scheme, insignia, and any other distinguishing characteristics of applicant's vehicles. (8) A certificate of insurance or other additional proof as may be required by the City Attorney or Risk Manager showing evidence of a public liability and property damage insurance policy for vehicle liability coverage protecting iA the operator from all claims for damage to property or bodily injury including death, which may arise from the operation of vehicles under the permit or in connection therewith. The insurance shall provide coverage of not less than $100,000 for bodily injury for each person, $300,000 per occurrence and property damage coverage of $50,000 per occurrence. The insurance shall provide that the policy shall not terminate or be cancelled without 30 days advance written notice to the city. (9) The full true names and residence addresses of all persons employed or intended to be employed or with whom the applicant has contracted or intends to contract as drivers and/or vendors and the respective capacities in which they will be employed including the California driver's license numbers of all persons who will be employed or engaged as drivers of vehicles in conjunction with such business. The applicant, if an individual; or each of the directors, officers or stockholders holding more than 5% of the stock of the corporation; or each of the partners including limited partners, or profit interest holders, managers or other persons principally in charge of the operation of the existing or proposed business shall also furnish the following information: (a) California driver's license or social security numbers or any other legally acceptable governmental identification card containing the personal information and a picture of the above described natural persons. (b) Dates of birth of the above described natural persons. (c) The permit histories of the above described natural persons for the three-year period immediately preceding the date of the filing of the application, including whether such persons, in previously operating in this or any other city, county, state, or territory, have ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of such suspension or revocation. (d) All criminal convictions including pleas of guilty or nolo contendere, suffered by the above-described natural persons, including code and ordinance violations, but excepting minor traffic offenses (any traffic offense designated as a felony shall not be construed as a minor traffic offense), stating the date, place, nature and sentence of each such conviction. (10) The applicant, if other than an individual, shall also furnish the following information: (a) Each business address of the applicant for the three-year period immediately preceding the date of the application and the inclusive dates of each business. (b) The nature of the business or firm for the three-year period immediately preceding the date of the application. s (c) The permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended and, if so, the circumstances of such suspension or revocation. (d) All criminal convictions, including pleas of guilty or nolo contendere, suffered by the applicant including ordinance violations, stating the date, place, nature, and sentence of each conviction. (11) Such other identification and/or information as the Business License Official/Finance Department may require in order to discover the truth of the matters required to be set forth in the application. § 122.16 APPLICATION FOR VENDOR'S PERMIT; CONTENT; REQUIRED FEE (A) Any person desiring to obtain a vendor's permit to engage in the vending of goods or services, pursuant to this section shall submit an application to Business License Official/Finance Department. (B) The application shall be accompanied by a nonrefundable application fee in such amount as established by resolution of the City Council. Any such permit shall be required to be renewed annually and a separate nonrefundable application fee paid yearly for the renewal application. (C) Each applicant for a vendor's permit, or an operator or applicant for an operator's permit on behalf of the proposed vendor, shall furnish the following information and documentation as part of or in conjunction with the application: (1) The present of proposed address from which the business is to be conducted. (2) The full true name under which the business will be conducted. (3) The full true name and any other names used by the applicant. (4) The present residence address and telephone number of the applicant. (5) California driver's license number of the applicant. (6) Acceptable written proof that the applicant is at least 18 years of age. (7) The applicant's height, weight, color of eyes and hair, and date of birth. (8) The business, occupation or employment history of the applicant for the three-year period immediately preceding the date of the application. (9) The permit history of the applicant, for the three-year period immediately preceding the date of the filing of the application, including whether such applicant, in previously operating in this or any other city, county, state or territory, has ever had any similar license or permit, or franchise revoked or suspended, and if so, the circumstances of the suspension or revocation. (10) All criminal convictions, including pleas of guilty or nolo contendere, suffered by the applicant, including ordinance violations, and traffic offenses. 01 (11) Written proof satisfactory to the City Attorney or Risk Manager that the applicant is insured under the policy of insurance required for such business pursuant to § 122.15 (H). (12) Such other identification and/or information as the City Clerk may require in order to discover the truth of the matters required to be set forth in the application. (13) When any change occurs regarding the written information required by divisions (c) (1) through (12) of this section prior to issuance of the permit/business license, the applicant shall give written notification of the change to the City Clerk within two weeks after such change. (14) If the applicant is an individual who intends to own, operate and drive his or her own vehicle, it is not necessary to pay a fee for the vendor's permit application separate from the fee paid for the operator's permit application. (Ord. 1082, passed 5-18-94) § 122.17 INVESTIGATION OF APPLICATIONS The Business License/Finance Department shall investigate all applications for operators permits and vendors permits made pursuant to this chapter, and shall within 30 days after the date of the filing of the application, render a written decision as to approval or denial of the application for the permit based upon the criteria set forth in § 122.18. (Ord. 1082, passed 5-18-94) § 122.18 ISSUANCE The Business License/Finance Department shall grant the vendor's permit or operator's permit only if he or she finds that all of the following requirements have been met: (A) The required fees have been paid. (B) The application conforms in all respects to the provisions of this chapter. (C) The applicant has not made a material misrepresentation of fact in the application. (D) The applicant has not had a similar permit denied or revoked by the city within a period of one year prior to the date of such application. (E) (1) The applicant if an individual; or any of the directors, officers or stockholders holding more than 5% of the stock of the corporation; or any of the partners, including limited partners, or profit interest holder, manager or other person principally in charge of the operation of the existing or proposed business of vending from a vehicle or a natural person employed or contracted 10 with to be a driver or vendor, has not been convicted or pleaded nolo contendere or guilty within a five years prior to his application for a permit to a misdemeanor or felony crime of moral turpitude or drug-related misdemeanor or felony crime, including, but not limited to, the following: (a) The sale of a controlled substance specified in Cal. Health & Safety Code § 11054 through 11058. (b) The sale, distribution or display of harmful or obscene matter. (c) Indecent exposure. (d) In the case of applications for a vendor's permit by a person who will be a driver of a vehicle pursuant to this section, alcohol or drug-related traffic offenses. (2) The investigating city employee is specifically authorized to obtain state summary criminal history record information as provided for in Cal. Penal Code § 11105. Any complaint about the charges listed in division (1) above pending before a court of law shall cause the application to be considered pending until adjudication of the complaint. (ord. 1082, passed 5-18-94) § 122.19 DENIAL (A) If the Business License Official/Finance Department does not find that all of the requirements set forth in §122.15, 122.16 or 122.17, as applicable have been met, he or she shall deny the application for the vendor's or operator's permit. In the event the application for the permit is denied by the Business License Official/Finance Department, written notice of the denial shall be given to the applicant specifying the ground or grounds of such denial. Notice of denial of the application for the permit shall be deemed to have been served upon the date it is personally served on the applicant or when deposited in the United States mail with postage prepaid and addressed to the applicant at his or her residence address as set forth in the application for the permit. (B) Any applicant whose application for a vendor's or operator's permit has been denied by the Business License Official/Finance Department may appeal such denial to City Council by filing a written notice of appeal with the City Clerk or designee within ten days following the date of service of the decision and payment of the appeal fee prescribed by resolution of the City Council. The date of filing of the notice of appeal shall be the date the notice and the appeal fee are received by the City Clerk or designee. (C) No person or entity whose permit is finally denied shall be eligible to apply for a new permit for a period of one year following the final denial. (Ord. 1082, passed 5-18-94) 11 § 122.20 REVOCATION Any vendor's or operator's permit may be revoked by the City Clerk or designee for good cause shown, including but not necessarily limited to any of the following reasons: (A) Falsification of any information supplied by the permittee upon which issuance of a permit was based. (B) Conviction of a violation, or pleas of guilty or nolo contendere, by a permittee of any crime occurring while such person was engaged in conducting vending operations from a vehicle, whether within or outside the city, involving moral turpitude, or the possession or sale of any controlled substance specified in Cal. Health & Safety Code § 11054 through 11058, or the violation of any provision of Cal. Penal Code Title 9, Part 1, Chapters 1, 5, 7.5, 7.6 or 8, or an alcohol or drug-related offense in the case of a vendor's permit held by a person who is a driver of a vehicle operated pursuant to this section. (C) Exercise of the permit in a manner contrary to the public peace, health, safety or general welfare. (D) No such revocation shall become effective until the expiration of the appeal period specified in this section. Notification of the permit holder shall be made either by personal delivery or by certified or registered mail, return receipt requested, addressed to the permit holder at such permit holder's residence address as set forth on the application for a permit. Service shall be deemed made on the permit holder on the date personally delivered or on the date of the mailing. A permit holder may appeal the revocation to the City Council by filing a written notice of appeal with the City Clerk or designee within ten days following the date of service if the decision and payment of the appeal fee as prescribed by resolution of the City Council. The date of filing of the notice of appeal shall be the date the notice and appeal fee are received by the City Clerk or designee. If a timely appeal is filed, the revocation shall be stayed pending the decision of the City Council. Otherwise, the revocation shall be effective after the expiration of the appeal period. (E) No person or entity whose permit is revoked shall be eligible to apply for a new permit for a period of one year following the revocation. (ord. 1082, passed 5-18-94) § 122.21 APPEALS Upon receipt of a timely appeal, the City Council shall hear such appeal within 20 days following the date of the appeal and shall give the appellant not less than five days advance notice of the date of the hearing. The decisions of the City Council shall be based upon the same notice of the date of the hearing. The decision of the City Council shall be based upon the same criteria as set forth in this section which is applicable to the issuance or revocation of the permit. The appellant shall be notified of the decision of the City Council by mailed, written notice. The decision of the City Council shall be final. No 12 revocation of a permit pursuant to this section shall be deemed effective during the pendency of a timely filed appeal until the date of mailing of the City Council's decision; provided, however, no permit holder shall operate during any period of time in which the insurance coverage required by this section is not in full force and effect. (Ord. 1082, passed 5-18-94) § 122.99 PENALTY A violation of the sidewalk vending program that compiles with Government Code section 51308 is punishable by only the following: (A) An administrative fine not exceeding one hundred ($100) for a first violation. (B) An administrative fine not exceeding two hundred dollars ($200) for the second violation within one year of the first violation. (C) An administrative fine not exceeding five hundred dollars ($500) for each additional violation within one year of the first violation. 2. The City may rescind a permit issued to a sidewalk vendor for the term of that permit upon the fourth violation or subsequent violations. The City may confiscate and/or impound goods and/or vehicle where said goods are being sold without the proper licenses required by this chapter. Section 2. The Chief Executive Officer or its designee is authorized to take action as may be necessary to implement this ordinance. Section 3. The Mayor or presiding officer of the City of Baldwin Park City Council is hereby authorized to affix his/her signature to this Ordinance signifying its adoption by the City Council of the City of Baldwin Park. Section 4. The City Clerk of the City of Baldwin Park shall certify to the adoption of this Ordinance and cause the same to be posted and/or published as required by law. Section S. This Ordinance shall go into effect and be in full force and operation from and after thirty (30) days from the date of its final passage and adoption. Section 6. If any chapter, section, subsection, subdivision, paragraph, sentence, clause or phrase, or portion of this Ordinance, or the application thereof to any person, 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 or its application to other persons. The City Council hereby declares that it would have adopted this Ordinance and each chapter, section, subsection, subdivision, paragraph, sentence, clause, phrase, or portion thereof, irrespective of the fact that any one or more sections, subsections, subdivisions, sentences, clauses, phrases, or portions of the application thereof to any person, be declared invalid or unconstitutional. 13 First read at a special meeting of the City Council of the City of Baldwin Park held on the 14th day of November and adopted and ordered published at a regular meeting of said Council on the 5th day of December, 2018. PASSED, APPROVED, AND ADOPTED this 5th day of December, 2018. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ordinance was introduced and placed upon its first reading at a special meeting of the City Council on November 14, 2018. Thereafter, said Ordinance No. 1431 was duly approved and adopted at a regular meeting of the City Council on December 5, 2018 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK 14 STAFF REPORT ITEM NO. 7 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: January 16, 2019 SUBJECT: Approval of an extension to the Official Police Tow Service Franchise for Royal Coaches SUMMARY In August 2018, the City Council awarded franchise agreements to Hadley Tow and Royal Coaches Autobody and Towing on a rotating basis. Since that time, Hadley has been sent a notice that it is in violation of its Franchise Agreement, the Baldwin Park Municipal Code ("BPMC"), and its Conditional Use Permit ("CUP"). Enforcement action against Hadley Tow is ongoing. As such, since the city could be down to only one tow operator, it is prudent and in the best interest of the City to add stability to the services provided by extending the Franchise with Royal Coaches to ten years which is permitted under the BPMC in order to maintain stable services by the remaining operating Franchisee. RECOMMENDATION Staff recommends that the City Council: 1. Extend the Franchise Agreement with Royal Coaches for a term of ten years, and; 2. Authorize the Mayor to execute An Amended Franchise Agreement for Official Police Tow Services with Royal Coaches Autobody and Towing. FISCAL IMPACT Approval of this item will not impact the General Fund. An Official Police Tow Service provider which is granted a franchise pursuant to the provisions of Chapter 100 of the BPMC is required to pay the City a franchise fee of twenty-five percent (25%) of the total gross revenue of an Official Police Tow Service derived from the tows assigned by the Police Department including storage of the vehicles. The franchise fee will be payable on a monthly basis to the City during the term of the franchise. BACKGROUND On June 5, 2018 The Public Works Department sent out a Request for Qualifications (RFQ) for Police Towing Services soliciting proposals from qualified firms for providing tow services when such service is called for by the Baldwin Park Police Department. The towing services entail the towing of vehicles involved in accidents or disabled by other causes; removal of vehicles that impede the flow of traffic; impounding of vehicles for evidence; removal and storage of vehicles abandoned in public places or on private property; and for any other reason within the jurisdiction of the Police Department. On June 25, 2018 proposals were received from Royal Coaches Autobody and Towing and Hadley Tow. Proposal evaluation criteria consisted of demonstrated qualifications, understanding and approach to the scope of work, facilities and equipment available to perform work, staffing levels and response time. Royal Coaches' yard and business office are located approximately 0.8 miles from the Police Department. The nearness of Royal Coaches to the Police Department is very convenient for vehicle owners retrieving impounded vehicles. By contrast, Hadley Tow's yard and business office are located approximately 2.5 miles from the Police Department. Both Royal Coaches and Hadley Tow offer the same franchise fee to the City and both have tow -yards and business offices in the City of Baldwin Park. Also, both companies are certified by the California Highway Patrol (CHP). Royal Coaches is CHP approved for all vehicle classes and storage facilities for all Area Districts in Baldwin Park. Hadley Tow is only Class "A" (light duty) CHP Approved and only one storage facility is approved for three (3) Area Districts. A new facility currently undergoing remodeling was not ready for this year's CHP inspections therefore not CHP Approved. Based on the results of the evaluations, Staff has deemed both firms qualified to provide Official Police Tow Services. As such the City entered into Franchise Agreements with both Royal Coaches and Hadley Tow for nonexclusive Official Police Tow Services on a rotational basis. On January 9, 2019, after a review of the status of franchisee, the City sent a notice that Hadley is in violation of its Franchise Agreement, the Baldwin Park Municipal Code ("BPMC"), and its Conditional Use Permit ("CUP"). As such, it is prudent and in the best interest of the City to extend the Franchise with Royal Coaches to ensure ongoing services for the city regarding this critical service. ALTERNATIVES 1. City Council may choose not to extend the Franchise Agreement with Royal Coaches for up to ten years and leave the current four year term in place. 2. City Council may direct staff with a desired alternative. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Amended Franchise Agreement 2. Notice of violation to Hadley Tow Attachment 1 Amended Franchise Agreement FRANCHISE AGREEMENT FOR OFFICIAL POLICE TOW SERVICES THIS FRANCHISE AGREEMENT FOR OFFICICAL POLICE TOW SERVICES ("Agreement") is made and entered into on 16th day of January, 2019 ("Effective Date"), between ROYAL COACHES AUTOBODY AND TOWING ("Franchisee"), and THE CITY OF BALDWIN PARK, a municipal corporation of the State of California ("City"). RECITALS A. The Baldwin Park City Council (the "City Council") enacted Title X, Chapter 100 of the Baldwin Park Municipal Code, which provides fair and reasonable regulations to ensure prompt towing service that is reasonably priced and conducted in the best interests of the public in order to best provide emergency services and efficient police operations; and B. The Franchisee has been determined to meet all of the standards and requirements necessary to serve as an Official Police Tow Service. C. The Franchisee voluntarily responded to the RFP for Official Police Tow Services. NOW THEREFORE, in consideration of the promises, covenants, and conditions herein contained, the parties herby mutually agree as follows: GRANT OF FRANCHISE City hereby grants Franchisee the exclusive right to provide Official Police Tow Services in accordance with and pursuant to Chapter 100 of the Baldwin Park Municipal Code. 2. FRANCHISE FEE Pursuant to the provisions Chapter 100 of the Baldwin Park Municipal Code the Franchisee shall pay the City a franchise fee of twenty-five percent (25%) of the total gross revenue of an Official Police Tow Service derived from the tows assigned by the Police Department including storage of said vehicles. The franchise fee shall be payable monthly to the City during the term of the franchise. 3. FRANCHISE FEE REPORTS Pursuant to the provisions Chapter 100 of the Baldwin Park Municipal Code the Franchisee shall provide the following reports: (A) Annual Income Statement. Franchise shall annually provide the City with an income statement of Official Police Tow Service performed by the Franchisee under this agreement. Such statements shall be in such substance and format as may be required by the Director of Finance or designee. (B) Monthly Report. A monthly franchise fee payment made by Franchisee to City shall be accompanied by a report showing the basis for calculating the monthly franchise fee and a written statement as to the correctness of such report, signed under penalty of perjury by an officer of the Franchisee. The monthly report shall meet all requirements of the Baldwin Park Municipal Code (BPMC), shall identify in detail a log of all tow services including the number of official police tow services performed, a description of vehicles towed, time, location of calls, total itemized costs of towing and storage, and the disposition of each, shall detail any tow services exempted from calculation of the monthly franchise fee payment, shall include detailed information on owner and resident requested towing including revenues received. The monthly report shall include the following: (1) Total police impounds; (2) Number of times dispatched by Police Department; (3) Number of these calls resulting in impounds; (4) Number of vehicles sold on lien sale under authority of Cal. Civil Code § 3072, and reporting said lien sales as per authority of Cal. Vehicle Code § 22705; (5) Number of vehicles sold under authority of Cal. Civil Code § 3073; (6) For individual sales, the DMV release of liability form; (7) For all bulk sales, the name of the salvage company or individual purchaser and the vehicle identification numbers of all vehicles sold; (8) Number of calls answered in which time beyond one hour was required to handle; (9) Any responses to City requests for tow services in excess of 30 minutes; and (10) Calculation of the average response time for official police tow services. 4. FRANCHISE TERM The Franchise granted by this Franchise Agreement shall be valid for a term of ten (10) years from the Effective Date and shall terminate on the Expiration Date as follows: A. Effective Date: , 2019 B. Expiration Date: , 2029 C. Upon mutual agreement by the parties in 2029, this agreement may be extended for an additional ten (10) year term. 2 Nothing in this section shall prohibit this Franchise Agreement from being terminated prior to the end of any term pursuant to the provisions of this Agreement or BPMC Chapter 100. 5. UNIFORM TOW FEE RATES A. Fee Schedules. Unless otherwise permitted by the City, the Franchisee shall charge only those fees established by the uniform tow fee schedule. The uniform tow fee schedule is determined by using the average tow fee allowed by the California Highway Patrol (the "CHP") for the Baldwin Park region for the CHP's Official Police Tow Services contracts. Said rates shall be adjusted by the Chief Executive Officer unless an adjustment to rates is approved more frequently by the CHP. B. Fee Disputes. Should there be any dispute between the Franchisee and the vehicle owner or property owner over rates, fees or charges imposed for services rendered under this Franchise Agreement, such dispute shall be decided by the Chief of Police or designee. Franchisee may request an administrative hearing on any such dispute to the City's Chief Executive Officer in accordance with BPMC Chapter 100. 6. BUSINESS LICENSE REQUIRED Franchisee agrees to have and maintain a valid license to do business in the City at all times during the term of this Franchise Agreement. 7. TRANSFER OR ASSIGNMENT OF FRANCHISE A. Prior Written Consent Required. Franchisee shall not sell, transfer, lease, assign, sublet, mortgage, or dispose of, either in whole or in part, either by forced or involuntary sale, or by ordinary sale, contract, consolidation or otherwise, the franchise or any rights or privileges granted herein, without obtaining the prior written consent of the City Council. Any request to transfer or assign the franchise must be in writing and must be submitted to the City at least 120 days prior to the effective date of such sale, transfer, or assignment. Such request shall be processed and determined in accordance with BPMC Chapter 100. B. Recommendation to City council. Upon receipt of a written request to sell, transfer, lease, assign, sublet, mortgage, or otherwise dispose of a franchise, the City's Chief Executive Officer shall investigate the proposed transferee or assignee and determine whether such proposed transferee or assignee is qualified to serve as Franchisee operator pursuant to the criteria and requirements set forth in this chapter and contained in the franchise agreement, and shall make a recommendation to the City Council. C. Change of Control Defined. The prohibition against the sale, transfer, lease, assignment, subletting, mortgage, or disposal of any interest in the franchise shall apply to any change in control of the Franchisee. The word "control" as used herein is not limited to a change in ownership or partners of the Franchise, but also includes actual working control in whatever manner exercised. D. Grounds for Revocation of Franchise. Any attempt to sell, transfer, lease, assign, sublet, mortgage, or dispose of this franchise without the prior written consent of the City Council shall result in revocation of the franchise and render this agreement null and void. 8. TOW TRUCK EQUIPMENT REQUIREMENTS Franchisee represents and agrees that it shall provide towing equipment capable of providing the following services: Recovery truck(s) with an adjustable boom with a minimum lifting capacity of at least five (5) tons 2. Wheel lift towing 3. Roll back/flatbed towing 4. Towing in parking garages 5. Towing from off road areas 6. Towing of large and oversized vehicles 7. Towing of motorcycles without causing additional damage. Franchisee shall, at all times have at least three (3) fully equipped and operational tow truck in service. All of the two trucks in service must have a minimum capacity of one (1) ton. At least one (1) of the tow trucks in service must be a flatbed tow truck; at least one (1) of the tow trucks must have a five (5) tone lifting capacity. Franchisee shall be in full compliance throughout the term of this Franchise Agreement with the equipment requirements set forth in BPMC Chapter 100. 9. TERMS AND CONDITIONS Franchisee hereby acknowledges that it is required to be in compliance with each and every term and condition set forth in BPMC Chapter 100 throughout the term of this Franchise Agreement. Failure to comply with any of the conditions required therein or in this Franchise Agreement shall be grounds for cancellation, revocation, or suspension of the Franchise Agreement. The City reserves the right to add to, delete, or modify any requirement established by BPMC Chapter 100. In the event the City adds to or modifies any such requirement, the parties shall meet to determine if such addition or modification constitutes a substantive change to this Agreement, and in such event, shall in good faith determine the appropriate amendment to address such addition or modification. In the event the City amends BMC Chapter 100 to delete 4 any requirement set forth therein, the City may, at its sole discretion, provide notice to the Franchisee that such requirement shall nonetheless continue to apply to Franchisee for purposes of this Franchise Agreement. 10. RESPONSIBILITY FOR OWN ACTS Franchisee shall be fully responsible for any and all actions of its officers, employees and agents while performing under this Franchise Agreement, including but not limited to the following: 1. Franchisee participating in towing assignments by the Police Department shall be responsible for the acts of their employees while on duty. 2. Franchisee shall be responsible for damage to vehicles while in its possession caused by its active or passive negligence. 3. Franchisee shall be responsible for damage to persons or property caused by the active or passive negligence or willful misconduct of its employees in route to or from a City request for tow services. Franchisee and its officers, employees, and agents shall comply with all applicable federal, state and local laws, including but not limited to all applicable provisions of the California Vehicle Code. In additional to any other provision herein, Franchisee shall defend, hold harmless, and indemnify the City for any claim is filed against the City for, arising from, or related to Franchisee's failure to comply with all applicable federal, state and local law. 11. INSURANCE Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: A. Franchisee shall procure and maintain, at its sole cost, a policy of Comprehensive Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) in an amount and form acceptable to the City's Risk Manager with the following minimum limits of liability: i. Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and ii. Property Damage -- $1,000,000, single limit, per occurrence; or iii. Combined single limits -- $2,000,000; and, B. Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: 1. Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and 2. Property Damage -- $1,000,000, single limit, per occurrence; or 3. Combined single limits — $2,000,000; and, C. Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. All insurance shall include the City, its officers, agents, and employees as additional insured. Such liability policy shall be maintained in full force and effect for the entire term of this Franchise agreement and proof of such public liability insurance shall be provided to the City on demand, as well as prior to the execution of this Agreement, and upon any renewal. 13. INDEMNITY Franchisee agrees to protect, indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, demands, or liability, including those from or relating to loss, damage, or injury to persons or property in any manner whatsoever arising out of or related to its franchise with the City, or with the Franchisee's performance of work under such franchise, including, without limitation, all consequential damages caused in the preparation to respond to an official police request for towing services, in providing official police towing services and subsequent storage of vehicles, and in other related maintenance activities, whether such claims are caused by negligence or the Franchisee or its agents and employees. 14. RESPONSE TIME Average and maximum response times. Franchisee agrees that, for any thirty (30) day period, the average response time pursuant to requests for tow service by the Police Department shall not exceed twenty-five (25) minutes. Franchisee further agrees that the maximum response time for any single request for tow service by the Police Department shall not exceed thirty (30) minutes. As used in this paragraph, "response time" is defined as the elapsed time between the relaying of the tow service request to the answering service and arrival of the tow vehicle to the scene. Delay. When it becomes evident that there will be a delay in responding to a request for towing service, Franchisee shall advise the Police Department of this delay and the reason for the delay. 15. ROTATION SYSTEM As of the effective date, Franchisee is an Official Police Tow Service for the City. Should the City designate additional Official Police Tow Services, the City shall implement a rotation system, as set forth in BPMC Chapter 100 or any successor thereto. The provisions of this Section shall not prevent the City from utilizing another towing service without implementing such a rotation system when, at its sole discretion, City determines that Franchisee is not able to adequately respond to a call for service. 16. NON-DISCRIMINATION In the performance of its duties under this Franchise Agreement, Franchisee agrees that it will not discriminate against any member of the public, employee, subcontractor, or applicant for employment because of race, color, religion, ancestry, sex, nation origin, disability, sexual orientation, or age. 17. CANCELLATION, REVOCATION OR SUSPENSION This Franchise Agreement shall be subject to cancellation, revocation or suspension by the Chief Executive Officer, either as a whole or as to any person or vehicle controlled by Franchisee, for any of the following reasons: 1. Franchisee fails to pay any City business license fees or other fees provided in this Franchise Agreement or by the Baldwin Park Municipal Code; or 2. Franchisee breaches any rules, regulations, or conditions set forth in this Franchisee Agreement or the Baldwin Park Municipal Code; or 3. Franchisee, or any person having ownership interest in Franchisee, or any employee of Franchisee violates any federal, state or local law; or 4. Franchisee fails to maintain a satisfactory level of service to the Police or public; or 5. Franchisee fails to keep any tow vehicle in safe condition and good repair; or 6. Franchisee fails to use distinctive coloring, monogram or insignia incompliance with Section 27907 of the California Vehicle Code; or 7. Franchisee charges any fee or rate not permitted by this Franchise Agreement; or 8. Franchisee passes on a tow assignment more than four (4) times in any calendar month. "Passing" is defined as refusing, for any reason, any tow assignment from the Police Department, including without limitation the towing of City vehicles at no charge; or 9. Franchisee fails to respond to requests for tow service by the Police Department within the response time established by this Franchise Agreement or BMPC Chapter 100; or 10. An Official Police Tow Service commits fraud or deceit upon the City, including, without limitation, falsifying data and records relating to the City's requests for towing services, falsifying the number of official police tow services performed, falsifying the response times to City requests for tow services; or 11. Franchisee commits fraud or deceit upon any person to whom Franchisee provides tow services; or 12. Franchisee defaults on the performance of its material obligations under this Franchise Agreement and fails to cure such default within ten (10) calendar days after receipt of written notice of the default and a reasonable opportunity to cure the default; or 13. Franchisee fails to provide or maintain in full force and effect the insurance coverage as required by this Franchise Agreement; or 14. Franchisee violates any order or ruling of any regulatory body having jurisdiction over Franchisee relative to its tow truck business, unless such order or ruling is being contested by Franchisee by appropriate proceedings conducted in good faith; or 15. Franchisee becomes insolvent, unable or unwilling to pays its debts and obligations, or is adjudged to be bankrupt. 18. PROCEDURE FOR ACTION AGAINST FRANCHISEE BPMC section 100.260 establishes the procedure for action against the Franchisee for violation of this franchise agreement. The City reserves the right to modify or delete such section, provided however; in no event shall City terminate this Agreement for cause unless Franchisee has been provided not less than ten (10) calendar days' notice of any default and an opportunity to cure such default within such time period. This Agreement may only be terminated for a severe material breach of this Agreement. 19. LIQUIDATED DAMAGES Fines and Penalties. Franchisee agrees that its failure to meet the average response time for any thirty (30) day period, or failure to meet the maximum response rime for any single request for tow service, will result in damages sustained by the City. Such damages are, and will continue to be impracticable to determine. Franchisee agrees to pay the City two hundred fifty dollars ($250) each and every time that it fails to meet the average response time requirements for any thirty (30) calendar day period. Franchisee aggress to pay City one hundred dollars ($100) each and every time that it exceeds that maximum response time for any single request for tow service by the Police Department. Franchisee further agrees that said sums are the minimum value of the costs and actual damages caused by its failure to complete service within the required time. Such sum is a liquidated damage and is not a penalty. Prior to the imposition of liquidated damages against Franchisee, Franchisee shall be entitled to a hearing as provided herein. Such hearing shall be conducted in accordance with BPMC Section 100.260. Notwithstanding the foregoing, City reserves the right to modify or delete BPMC 100.260, provided, however, that in no event shall liquidated damages pursuant to this Section be imposed unless Franchisee has been provided with an opportunity for hearing before the Chief Executive Officer. 21. COMMUNICATIONS Any notice, demand, request, consent approval, designation, or other communication which either party is required or desires to five or make or communicate to the other party shall be in writing and shall be personally delivered or sent by registered or certified mail, postage prepaid, return receipt requested to the Following Addresses: City: City of Baldwin Park 14403 East Pacific Avenue Baldwin Park, CA 91706 Attention: Sam Gutierrez, Director of Public Works Franchisee: Royal Coaches Auto Body and Towing 14827 Ramona Blvd. Baldwin Park, CA 91706 Attention: William Salazar, CFO 22. ENTIRE AGREEMENT This Agreement contains the entire understanding between the City and Franchisee. Any prior agreements, promises, negotiations or representations not expressly set forth herein are of no force or effect. Subsequent modifications to this Agreement shall be effective only if in writing and signed by each party. If any term, condition, or covenant of this Agreement is held by a Court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this agreement shall remain valid and binding. PAC�V V_11v 4 V Waiver by any party hereto of any term, condition or covenant of this Agreement shall not constitute the waiver of any other term, condition or covenant hereof. 24. BINDING EFFECT This Franchise Agreement shall be binding upon and shall inure to the benefit of the successors of each of the parties hereto, except as set forth in Section 7 of this Franchise Agreement. 25. GOVERNING LAW This Agreement shall be interpreted and construed according to the laws of the State of California and venue shall be in the County of Los Angeles, State of California. IN WITNESS WHEREOF, the Parties hereto do hereby set their hands and seals as of the day and the year first written above. CITY OF BALDWIN PARK Manuel Lozano, Mayor FRANCHISEE Title APPROVED AS TO FORM: Robert N. Tafoya, City Attorney ATTEST: Jean M. Ayala, City Clerk 10 STAFF REPORT TO: FROM: ITEM NO. Y Honorable Mayor and Members of the City Council Lourdes Morales, Chief Deputy City Clerk �" 1 .F DATE: January 16, 2019 SUBJECT: Approve and Adopt Resolution No. 2019-001 Entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City"; and Review and Appoint Members to the Established Committees, as Appropriate SUMMARY This report is to requests City Council designate representatives and alternates as official representatives of the City. RECOMMENDATION Staff recommends Council review and appoint members to the positions of representatives and alternates of the established committees and organizations presented in Resolution No. 2019-001, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Appointing Representatives and Alternates as Official Representatives of the City". FISCAL IMPACT Not Applicable BACKGROUND Each year, following the reorganization of the City Council, the Council is requested to designate members as representatives and alternates on certain committees and organizations. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1. Resolution No. 2019-001 Attachment 1 Resolution 2019-001 RESOLUTION NO. 2019-001 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, APPOINTING REPRESENTATIVES AND ALTERNATES AS OFFICIAL REPRESENTATIVES OF THE CITY WHEREAS, it is the Council's desire to review and/or amend the existing appointments; and WHEREAS, Resolution No. 2016-127 adopted August 3, 2016 and all other Resolutions inconsistent herewith are hereby repealed and rescinded. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK HEREBY RESOLVES AS FOLLOWS: Section 1. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Water Association — Quarterly luncheon held on the 2nd Wednesday of the month; various locations (MEMBERS RECEIVE A STIPEND — NO) New Appointees Representative: Councilmember Susan Rubio Alternate: Mavor Manuel Lozano Section 2. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County Sanitation District Nos. 15 & 22 — 4TH Wednesday, 1:30 p.m.; District Office (MEMBERS RECEIVE A STIPEND — YES) Existing Appointees New Appointees [—Representative: *Mayor Manuel Lozano Alternate: Council Member Ricardo Pacheco *Appointment of Mayor required by Sanitation District Section 3. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the League of California Cities — Los Angeles County Division — 1St Thursday, 7:00 p.m.; Metropolitan Water District — Courtyard Cafe, 1St Floor (MEMBERS RECEIVE A STIPEND — NO) Existinq Appointees I New Representative: Mayor Pro Tem Cruz Baca Alternate: Councilmember Susan Rubio Section 4. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" Director's Meeting — 3rd Thursday; Various times/locations (MEMBERS RECEIVE A STIPEND — NO) Existinq Appointees I New Representative: I Chief of Police Alternate: I Mavor Manuel Lozano Section 5. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Civil Defense Area "D" General Membership — 3rd Thursday, 8:30 a.m.; Glendora (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees New Appointees Representative: Chief of Police Alternate: Councilmember Ricardo Pacheco Section 6. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association — 2nd Thursday of each month; various locations (MEMBERS RECEIVE A STIPEND — NO) New Appointees Representative: Mayor Pro Tem Monica Garcia Alternate: Councilmember Ricardo Pacheco Section 7. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Independent Cities Association Lease Finance Authority - As needed; various times/locations (MEMBERS RECEIVE A STIPEND - YES) Existinq Appointees I New Representative: Councilmember Ricardo Pacheco Alternate: Chief of Police Section 8. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Los Angeles County — City Selection Committee — 1St Thursday of each month; in conjunction with the League of California Cities meetings (MEMBERS RECEIVE A STIPEND — NO) New Representative: *Mayor Manuel Lozano Alternate: Mayor Pro Tem Monica Garcia *Appointment of Mayor required by State Law Section 9. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Southern California Association of Governments — 1St Thursday of the month @ 9 am; Headquarters (MEMBERS RECEIVE A STIPEND — NO) New Representative: Councilmember Tem Cruz Baca Alternate: Councilmember Susan Rubio Section 10. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Foothill Transit Zone — Cluster meetings held quarterly; the West Covina Headquarters Executive Board Room (MEMBERS RECEIVE A STIPEND — YES) Existing Appointees New Appointees Representative: Councilmember Ricardo Pacheco Alternate: Councilmember Cruz Baca Section 11. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the California Contract Cities Association (CCCA) — Board meetings 3RD Wednesday, 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND — No) Existing Appointees New Appointees Re resentative: Mayor Pro Tem Monica Garcia Alternate: Councilmember Susan Rubio Section 12. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the Governing Board of the San Gabriel Valley Mosquito and Vector Control District Board meetings 2"D Friday, 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND — YES) Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3RD Thursday, 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND - YES) Existing Appointees New Appointees Representative: Councilmember Cruz Baca Alternate: Mavor Pro Tem Monica Barcia ____ Existing Appointees New Appointees Representative: Councilmember Cruz Baca Councilmember Cruz Baca Expires: 12/31/2019 per Health and Safety Code § 2024 a Alternate: Councilmember Ricardo Pacheco Councilmember Ricardo Pacheco Expires: 12/31/2019 per Health and Safety Code § 2024 a Section 13. The City Council of the City of Baldwin Park does hereby appoint the following persons as representative and alternate members of the San Gabriel Valley Council of Governments — 3RD Thursday, 6:00 p.m.; various locations (MEMBERS RECEIVE A STIPEND - YES) Existing Appointees New Appointees Representative: Councilmember Cruz Baca Alternate: Mavor Pro Tem Monica Barcia ____ Section 14. The City Council of the City of Baldwin Park does hereby appoint the following persons as its representative, alternate and substitute alternate representative to the Governing Board of the Independent Cities Risk Management Authority (ICRMA) — 2"d Thursday, bi-monthly; various locations (MEMBERS RECEIVE A STIPEND — NO) Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. Existing Appointees New Appointees Representative: Councilmember Ricardo (Must be Elected Official) Pacheco Alternate: Chief Executive Officer (May be staff member Shannon Yauchzee Substitute Alternate: Human Resources/Risk (May be staff member Manager Laura Thomas Section 15. That the City Clerk shall certify to the adoption of this Resolution and shall forward copies hereof to said committees and organizations. PASSED, APPROVED, AND ADOPTED this 16th day of January, 2019. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-001 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on January 16, 2019 and that the same was adopted by the following vote to wit: JEAN M. AYALA CITY CLERK /=� BALDWIN PARK FINANCE AUTHORITY JANUARY 16, 2019 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 SAN,GABRIEL A IL IL E O iAW3Pyr Manuel Lozano - Chair Monica Garcia Alejandra Avila Paul C. Hernandez Ricardo Pacheco - Vice Chair - Board Member - Board Member - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS 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 jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerlo 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 interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Finance 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.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia 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 COMISION No se podra tomar accion en algOn asunto a menos que sea incluido en la agenda, o a menos que exista algana 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 en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. Treasurer's Report — November 2018 Staff recommends that the Board receive and file the Treasurer's Report. ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy 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 72 hours prior to the meeting. Dated this 10th day of January, 2019. 4a" Lourdes Morales, Chief Deputy City Clerk 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, 2"d 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 lmorales(a1baldwinnark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) ITEM NO. TO: Honorable Chair and Board Members of the Financing Authority FROM: Rose Tam, Director of Finance DATE: January 16, 2019 SUBJECT: Treasurer's Report — November 2018 SUMMARY Attached is the Treasurer's Report for the month of November 2018. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for November 2018. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 11/30/2018 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -including General Fund a all other Special Revenue Funds 2.21% Varies Varies Housing Authority 2.21% Varies Varies Cerocate of Deoosit. Citibank National Association (Mutual Securities) 1.80% 1!25/2018 1/25/2019 American Express Centurion (Mutual Securities) 1.60% 412/2017 412/2019 Everbank-Jacksonvl8e (Mutual Securities) 1.55% 41612017 41612019 Goldman Sachs ek USA NY (Mutual Securities) 2.25% 1124/2018 1/242020 Sallie Mae Bk SLT Lake City UT (Mutual Securities) 2.25% 1/2412018 11242020 Safra National Bank New York (Cantaft) 2.00% 416/2018 415/2019 Morgan Stanley Bank N A Utah (Camila) 2.64% 419/2018 4AMM20 US Treasury Bill (UBS) 2.07% 3/29/2018 3128/2019 Fiscal Agent Funds ff uab'DeW Service Fred) Varies Varies Varies Fiscal Agent Fords - Successor Agency (Trust/Debt Service Fundi Varies Varies Varies f 22,312,665.47 f 22,312,665.47 f 22,312,1165AT S 22,312,665A7 13,488.71 13,488.71 13AM71 13,486.71 22,326,154.18 22,326,154.18 22,326,154.16 22,326,154.18 260,000.00 260,000.00 250,000.00 249,852.60 250,000.00 260,000.00 260,000.00 249,295.00 250,000.00 260,000.00 260,000.00 249,222.60 250,000.00 260,000.00 260,000.00 2480400.00 260,000.00 260,000.00 260,000.00 246;400.00 250,000.00 250,000.00 260,000.00 249.620.00 250,000.00 250,000.00 250,000.00 248,162.50 1,760,000.00 1,750,000.00 1,760,000.00 1,743,952.50 1,000,000.00 1,000,000.80 1,000,000.00 992,450.00 0.00 0.00 0.00 0.00 10,253.99 10,233.99 10,233.99 10,233.99 10,233.99 10,233.99 10,233.89 10,233.99 f 25,086,396.17 $ 25,088,388.17 j 25,066,366.17 f 26.072.790.67 Total klvestn rots f 26,089,386.17 Cash with Banc of the West City Checking 2,410,665.04 Money Market Phu 132,689.03 City Miscellaneous Cash 87,646.30 Successor Agency 163,785.64 Housing Authority 143,639.57 Fl—Ing Authority 0.00 kwestment Brokerage 4,502.24 Total Cash with Banc of the West 2,932,048.12 Total Cash and kwesdnens $ 211.0illAMIF Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report There was no Investment maturity/purchase transactions made for the month of November 2018 and several depositslwithdrawals were made through 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 /=� BALDWIN PARK HOUSING AUTHORITY JANUARY 16, 2019 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano - Chair Monica Garcia - Vice Chair Alejandra Avila - Board Member Paul C. Hernandez - Board Member Ricardo Pacheco - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CEL ULARES Y BEEPERS 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 jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerlo 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 interprete para su conveniencia. Any written public record relating to an agenda 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.) HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia 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 COMISION No se podra tomar accion en algOn asunto a menos que sea incluido en la agenda, o a menos que exista algana 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 en consideracion en juntas proximas. [Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. Warrants and Demands Staff recommends that the Board ratify the Warrants and Demands. 2. Treasurer's Report — November 2018 Staff recommends that the Board receive and file the Treasurer's Report. ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy 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 HaA bulletin board not less than 72 hours prior to the meeting. Dated this 10th day of January, 201 Lourdes Morales, Chief Deputy City Clerk 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, 2"d 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 lmorales(a1baldwinnark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) ITEM NO. l TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance j4 DATE: January 16, 2019 / SUBJECT: Baldwin Park Housing Authority's Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Registers. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority is $371,118.20. 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: The December 11 to January 7, 2019 Warrant check numbers from 72186 through 72192 in the amount of $4,727.50 and Automated Clearing House (ACH) in the amount of $366,390.70 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Happy Check Register 2. Happy Check Register ACH Attachment 1 Happy Check Register CHECK REGISTER January 7, 2019 Date Range: 12111/2018...01/07/2019 Grouped by.- y.VMS VMSDate Range: All Sorted by. Check Number Program: All Check Number 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 v"' Check Number Check Date Payee Name DD Amount ❑ 72186 12/11/2018 AMFP IV Atriium LLC Go Abacus Capital Group LLC ❑ 0.00 ❑ 72187 01/01/2019 Adriana Romo ❑ 68.00 ❑ 72188 01/01/2019 AMFP IV Atriium LLC c/o Abacus Capital Group LLC ❑ 3833.00 ❑ 72189 01/01/2019 Annie L Henderson ❑ 15.00 ❑ 72190 01/01/2019 City of Carlsbad ❑ 787.50 ❑ 72191 01/01/2019 Irma Rodriguez ❑ 3.00 ❑ 72192 01/01/2019 Vanessa G Ross ❑ 21.00 Total $4,727.50 Average $429.77 Unit Count 4 Average Weighted by Unit Count $1,817.25 Hard to House Count 0 HAPPY software Page 1 01/072019 10:19:11 AM Attachment 2 Happy Check Register ACH CHECK REGISTER ACH January 7, 2019 Date Range: 12/11/2018...01/07/2019 Grouped by: VMS Date Range: All Sorted by. Check Number Program: All Check Number 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 e% Check Number Check Date Payee Name DD Amount ❑ 19154 12/11/2018 German Ghibaudo ® 885.00 ❑ 19155 12/11/2018 Mohamad Tavakkoli ® 2946.00 ❑ 19156 12/11/2018 West Covina Seniors Villas 1 ® 1238.00 0 19157 01/01/2019 ® 1103.00 ❑ 19158 01/01/2019 The Sam Gurfinkel and Renee Gurfinkel Revocable 1996 ® 1227.00 ❑ 19159 01/01/2019 1015 West Garvey West Covina, LP ® 525.00 ❑ 19160 01/01/2019 1024 Royal Oaks LP dba Whispering Fountains ® 12611.00 ❑ 19161 01/01/2019 Aaron Abdus Shakoor ® 785.00 ❑ 19162 01/01/2019 Alan Wu ® 836.00 ❑ 19163 01/01/2019 Alejandra Gutierrez ® 932.00 ❑ 19164 01/01/2019 Alfonso Contreras ® 55.00 ❑ 19165 01/01/2019 Allan M. &Virginia J Chipp and Ralph Seline ® 3133.00 ❑ 19166 01/01/2019 Alta Vista Villas, LP ® 744.00 ❑ 19167 01/01/2019 Amparo M Limon ® 606.00 ❑ 19168 01/01/2019 Amy Si On ® 778.00 0 19169 01/01/2019 Ana Thai ® 929.00 ❑ 19170 01/01/2019 Andrew & Eva Fogg ® 979.00 ❑ 19171 01/01/2019 Anna & Simon Choi ® 920.00 ❑ 19172 01/01/2019 Annette C Scott ® 1519.00 ❑ 19173 01/01/2019 Antonio & Aida Rinos ® 1162.00 ❑ 19174 01/01/2019 ASCENSION HOLDINGS LLC ® 932.00 ❑ 19175 01/01/2019 Badillo Street Senior Apartments, LLC ® 12179.00 ❑ 19176 01/01/2019 Bandur K. Mamdani ® 1227.00 ❑ 19177 01/01/2019 Baldwin Park Family Housing Limited ® 12010.00 ❑ 19178 01/01/2019 Beatrice Pyatt ® 872.00 ❑ 19179 01/01/2019 Becky Binh Nguyet Luu ® 1747.00 ❑ 19180 01/01/2019 Billy Theodorakopoulos ® 869.00 ❑ 19181 01/01/2019 Blessed Rock of EI Monte ® 3904.00 ❑ 19182 01/01/2019 Brookhollow Apartments ® 3507.00 ❑ 19183 01/01/2019 Burnel & Mae Smith ® 1645.00 ❑ 19184 01/01/2019 Central Apartments #2 ® 1661.00 0 HAPPY Software Page 1 01 /07/2019 10:20:00 AM ❑ 19185 01/01/2019 Chen Jackson ® 293.00 ❑ 19186 01/01/2019 Cienega Garden Apartments ® 3743.00 ❑ 19187 01/01/2019 Cipriano Salazar Jr. ® 885.00 ❑ 19188 01/01/2019 Clinett Glazis ® 592.00 ❑ 19189 01/01/2019 Covina 023 Woods 206 LP - Pama Management 206 ® 688.00 ❑ 19190 01/01/2019 Cynthia Pham ® 765.00 ❑ 19191 01/01/2019 Dajojo, LLC ® 467.00 ❑ 19192 01/01/2019 Denise Van Pham ® 1632.00 0 19193 01/01/2019 Derek Sim 810.00 ❑ 19194 01/01/2019 Dieu Van Huynh ® 869.00 ❑ 19195 01/01/2019 Dieu-Thuy Nu Ton ® 1462.00 ❑ 19196 01/01/2019 Dimitris Papadopoulous ® 1055.00 ❑ 19197 01/01/2019 Dinghwa Eddy Liu ® 1527.00 ❑ 19198 01/01/2019 Doan & Lily Thi ® 1368.00 0 19199 01/01/2019 Don Norwood 1415.00 ❑ 19200 01/01/2019 Donna J Falls ® 765.00 ❑ 19201 01/01/2019 Doreen Han ® 620.00 ❑ 19202 01/01/2019 Dung Tran ® 896.00 ❑ 19203 01/01/2019 Dung Trung Pham and Tammy Tram Dang ® 196.00 ❑ 19204 01/01/2019 EI Monte Housing Partners LP ® 2486.00 ❑ 19205 01/01/2019 Emilio De Jesus Cruz ® 787.00 ❑ 19206 01/01/2019 Eric C. Otte ® 1059.00 ❑ 19207 01/01/2019 Estate of Rosetta Mix ® 843.00 ❑ 19208 01/01/2019 Eunice Property, LLC ® 885.00 ❑ 19209 01/01/2019 EZ APT LLC ® 1301.00 ❑ 19210 01/01/2019 Fanny Chan ® 680.00 0 19211 01/01/2019 Fat Law ® 1050.00 ❑ 19212 01/01/2019 Francisco J. Sanchez and Gloria Emma Sanchez ® 778.00 ❑ 19213 01/01/2019 Fred Lau ® 825.00 ❑ 19214 01/01/2019 Garvey Senior Affordable Partners, LP ® 391.00 ❑ 19215 01/01/2019 German Ghibaudo ® 885.00 ❑ 19216 01/01/2019 Gilbert Dominguez ® 938.00 ❑ 19217 01/01/2019 Grace Chiou ® 1286.00 ❑ 19218 01/01/2019 Greater San Gabriel Valley Property Management, Inc. ® 1249.00 ❑ 19219 01/01/2019 Group IX BP Properties, LP ® 350.00 ❑ 19220 01/01/2019 Guillermo Vasquez ® 1170.00 0 19221 01/01/2019 He X Van ® 1749.00 0 19222 01/01/2019 Henry Ho ® 746.00 ❑ 19223 01/01/2019 Henry Wong ® 1650.00 ❑ 19224 01/01/2019 Heritage Park Villas LP ® 15648.00 ❑ 19225 01/01/2019 Hilbert Properties II ® 755.00 ❑ 19226 01/01/2019 Hui Chuan Wang ® 3069.00 ❑ 19227 01/01/2019 Isabel R Sanchez ® 1034.00 ❑ 19228 01/01/2019 Jaime Barcena 793.00 ❑ 19229 01/01/2019 James or Barbara Fox ® 742.00 ❑ 19230 01/01/2019 JBMW Investment, LLC ® 764.00 0 HAPPY So tmre Page 2 01/07/2019 10:20:00 AM 0 19231 01/01/2019 Jeff Ma ® 677.00 ❑ 19232 01/01/2019 Jesse S. Gonzalez ® 822.00 ❑ 19233 01/01/2019 Jianhong Zhen ® 79.00 ❑ 19234 01/01/2019 Jim & Nancy Bailey ® 596.00 ❑ 19235 01/01/2019 Jocelyn Jae Jhong ® 2057.00 0 19236 01/01/2019 Joe Clark ® 1257.00 ❑ 19237 01/01/2019 John Nguyen 533.00 ❑ 19238 01/01/2019 John W. Ruwitch and Anh Lam Truong ® 764.00 ❑ 19239 01/01/2019 John Young ® 520.00 ❑ 19240 01/01/2019 Jose Baudelio Delgado ® 791.00 ❑ 19241 01/01/2019 Joseph H. Garcia ® 2913.00 ❑ 19242 01/01/2019 Joseph M. Kwok ® 1836.00 ❑ 19243 01/01/2019 Joseph Pham ® 814.00 ❑ 19244 01/01/2019 Joseph T. Tung ® 684.00 ❑ 19245 01/01/2019 Juan Alvarado ® 431.00 ❑ 19246 01/01/2019 Kan Investments LTD, LLC ® 554.00 ❑ 19247 01/012019 Karen Lin ® 129.00 0 19248 01/012019 Kim Chau ® 753.00 ❑ 19249 01/012019 Kimberly Nguyen ® 679.00 ❑ 19250 01/012019 Kimberly U Dao ® 341.00 ❑ 19251 01/01/2019 Kwan Chiang ® 959.00 0 19252 01/012019 Ky Tran ® 1189.00 ❑ 19253 01/012019 LAI MING LEUNG 549.00 ❑ 19254 01/012019 Lan Hua Mi Ku ® 898.00 ❑ 19255 01/012019 Lark Ellen Village ® 7028.00 ❑ 19256 01/012019 Larry Chow ® 2929.00 ❑ 19257 01/01/2019 Larry Mimms ® 1067.00 ❑ 19258 01/012019 Larry Pratt or Doreen E. Ewing ® 1563.00 ❑ 19259 01/012019 LAT Investments, LLC ® 2182.00 ❑ 19260 01/012019 Lawrence and/or Lorraine Scimeca ® 1402.00 ❑ 19261 01/012019 LEFA Trust ® 766.00 ❑ 19262 01/012019 Leslie K Ng ® 851.00 ❑ 19263 01/012019 Lien Diep ® 1087.00 ❑ 19264 01/012019 Linda Man ® 785.00 ❑ 19265 01/012019 Lois J Gaston ® 1168.00 ❑ 19266 01/012019 Louis Tong ® 1087.00 ❑ 19267 01/012019 Lourdes Vela ® 2864.00 ❑ 19268 01/012019 Luan Trong Hoang ® 744.00 ❑ 19269 01/012019 Lucena A Ewing ® 2403.00 ❑ 19270 01/012019 Mack E Titus ® 532.00 ❑ 19271 01/012019 Malcolm Oso ® 543.00 ❑ 19272 01/012019 Mallorca Apartments, LTD ® 881.00 ❑ 19273 01/012019 Man Sze Ma ® 1094.00 ❑ 19274 01/012019 Maria Luisa Fernandez ® 74.00 ❑ 19275 01/012019 Maria Luz Rodriguez ® 475.00 ❑ 19276 01/012019 Marina Alvarez ® 2399.00 0 HAPPY Software Page 3 01107/2019 10:20:00 AM ❑ 19277 01/01/2019 Mark T. Fernandez 581.00 ❑ 19278 01/01/2019 Mary L Haynes ® 996.00 ❑ 19279 01/01/2019 Mayra Ortega ® 991.00 ❑ 19280 01/01/2019 Melody (Muoi) Dao ® 1230.00 ❑ 19281 01/01/2019 Michael Alfred Alarcon 1380.00 ❑ 19282 01/01/2019 Michael H Phuong ® 1399.00 ❑ 19283 01/01/2019 Michael I. or Ling Brooks ® 1113.00 ❑ 19284 01/01/2019 Minh A Nguyen ® 634.00 ❑ 19285 01/01/2019 Mohamad Tavakkoli ® 4191.00 ❑ 19286 01/01/2019 Moller Property Management ® 848.00 ❑ 19287 01/01/2019 Monica Alber ® 919.00 ❑ 19288 01/01/2019 Monrovia 612, LP ® 8994.00 ❑ 19289 01/01/2019 Monrovia Heritage Park LP ® 17023.00 ❑ 19290 01/01/2019 Monrovia Heritage Park LP ® 2841.00 ❑ 19291 01/01/2019 Mousa Boushaaya ® 885.00 ❑ 19292 01/01/2019 Nancy H Shen ® 781.00 ❑ 19293 01/01/2019 Ngoc T. Lieu ® 1848.00 ❑ 19294 01/01/2019 Nomer Lacson ® 971.00 ❑ 19295 01/01/2019 Olie S Johnson ® 881.00 ❑ 19296 01/01/2019 Olive RE Holdings, LLC ® 3497.00 ❑ 19297 01/01/2019 Orange County Housing Authority ® 1631.70 ❑ 19298 01/01/2019 Pacific Towers Senior Apartments - TDF LP ® 3793.00 ❑ 19299 01/01/2019 PAMA IV Properties, LP ® 2112.00 ❑ 19300 01/01/2019 Paramjit S Nijjar ® 2192.00 ❑ 19301 01/01/2019 Paul & Annie W Chau ® 966.00 ❑ 19302 01/01/2019 Paul P Simon ® 987.00 0 19303 01/01/2019 Paul Yan ® 676.00 ❑ 19304 01/01/2019 Paul Yen ® 594.00 ❑ 19305 01/01/2019 Peter R Nasmyth ® 680.00 ❑ 19306 01/01/2019 Philip Tsui ® 633.00 ❑ 19307 01/01/2019 Primrose Villa ® 5256.00 ❑ 19308 01/01/2019 Quoc T. Vo ® 1188.00 ❑ 19309 01/01/2019 Quy Duc Tran ® 950.00 ❑ 19310 01/01/2019 Ralph V. Parra ® 1090.00 ❑ 19311 01/01/2019 Ramiro S. Viramontes Separate Property Trust dated ® 435.00 ❑ 19312 01/01/2019 RAMONA BLVD FAMILY APARTMENTS, L.P. ® 3687.00 ❑ 19313 01/01/2019 Raul Varela Ayala ® 630.00 ❑ 19314 01/01/2019 Richard A DaSylveira ® 817.00 ❑ 19315 01/01/2019 Robert Lawe ® 871.00 ❑ 19316 01/01/2019 Roger Hin Nam Mak ® 8680.00 ❑ 19317 01/01/2019 Roland Wiekamp ® 1269.00 ❑ 19318 01/01/2019 Roman Basin ® 376.00 ❑ 19319 01/01/2019 Ronald & Pamela Layne ® 526.00 ❑ 19320 01/01/2019 Rosa Beltran ® 1323.00 ❑ 19321 01/01/2019 Rosa Lamas-Serratos ® 1704.00 ❑ 19322 01/01/2019 Rosie Leon ® 774.00 0 HAPPY software Page 4 01/07/2019 10:20:00 AM ❑ 19323 01/01/2019 Roy Lam ® 849.00 ❑ 19324 01/01/2019 SAE GROUP, LLC ® 1312.00 ❑ 19325 01/01/2019 Sara Romo ® 954.00 ❑ 19326 01/01/2019 Sel Homes LLC ® 8419.00 ❑ 19327 01/01/2019 Sergio Molina ® 921.00 ❑ 19328 01/01/2019 Shiu-Ein Huang ® 435.00 ❑ 19329 01/01/2019 Singing Wood Senior Housing LP ® 1140.00 ❑ 19330 01/01/2019 Siu Fung Mak ® 919.00 ❑ 19331 01/01/2019 Sophia Wong ® 1686.00 ❑ 19332 01/01/2019 Steadfast Cameron Park LP ® 810.00 ❑ 19333 01/01/2019 Sui Man Mak ® 1179.00 ❑ 19334 01/01/2019 T & P Property LLC ® 795.00 ❑ 19335 01/01/2019 T & T Asset Holding, LLC ® 2661.00 ❑ 19336 01/01/2019 Takis Bogris ® 617.00 ❑ 19337 01/01/2019 Tanya H Chen ® 798.00 ❑ 19338 01/01/2019 Thanh M Tang ® 730.00 ❑ 19339 01/01/2019 The Piedrahita Trust "B" ® 1763.00 ❑ 19340 01/01/2019 The Promenade Housing Partners, LP ® 2989.00 ❑ 19341 01/01/2019 Therisa L Tyck ® 891.00 ❑ 19342 01/01/2019 Thomas Pang ® 1424.00 ❑ 19343 01/01/2019 Tinh Van Le ® 440.00 ❑ 19344 01/01/2019 Tom Cinquegrani ® 1092.00 0 19345 01/01/2019 Tom Lee ® 647.00 ❑ 19346 01/01/2019 Tuan Viet Ho ® 1681.00 ❑ 19347 01/01/2019 Up Hill Investment Inc. ® 1227.00 ❑ 19348 01/01/2019 Van T Tran ® 993.00 ❑ 19349 01/01/2019 Velma Alarcon Gandara ® 1262.00 ❑ 19350 01/01/2019 Vijay Gulati ® 2.00 ❑ 19351 01/01/2019 Vinh H. Lai ® 885.00 ❑ 19352 01/01/2019 Vintage West Covina ® 11158.00 ❑ 19353 01/01/2019 Virginia Carlson ® 1061.00 ❑ 19354 01/01/2019 Wai Keng Tam ® 965.00 ❑ 19355 01/01/2019 West Covina Senior Villas II, LP ® 584.00 ❑ 19356 01/01/2019 West Covina Seniors Villas 1 ® 1422.00 ❑ 19357 01/01/2019 William J Rogers ® 891.00 ❑ 19358 01/01/2019 Wilson Apartment Associates L.P. ® 3494.00 ❑ 19359 01/01/2019 Woodside Village Apartments LP ® 7506.00 ❑ 19360 01/01/2019 Xitlalai Sanchez ® 921.00 ❑ 19361 01/01/2019 Xue Fen Xu ® 1186.00 ❑ 19362 01/01/2019 Xuyen Thach Han ® 1926.00 ❑ 19363 01/01/2019 Y & H Investment, Inc. ® 1154.00 ❑ 19364 01/01/2019 Zelmira Medina ® 1537.00 ❑ 19365 01/01/2019 Zi Jian Li ® 1599.00 0 HAPPY Software Page 5 01/07/2019 10:20:00 AM Total $366,390.70 Average $858.06 Unit Count 423 Average Weighted by Unit Count $864.09 Hard to House Count 3 0 HAPPY Software Page 6 01/07/2019 10:20:00 AM ITEM NO. 9— TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: January 16, 2019 SUBJECT: Treasurer's Report — November 2018 SUMMARY Attached is the Treasurer's Report for the month of November 2018. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for November 2018. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 11/30/2018 INVESTMENT INTEREST PURCHASE MATURITY DESCRIPTION RATE DATE DATE State of California Local Agency Investment Fund (LAIF) Citydncludlng General Fund 6 all otter Special Revenue Funds 2.21% varies Varies Housing Authority 2.21% Varies varies Certitieate of DgRq�t, Citbank National Association (Mutual Securities) 1.80% 1!25/2018 1/28/2019 American Express Centurion (Mutual Securities) 1.60% 4112Pl017 4/12/2019 EverbankJacksonv8ie (Mutual Securities) 1.65% 4116/2017 4/16/2019 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 11=020 Sallie Mae Bk SLT Lake City UT (Mutual Securities) 2.25% V24/2018 1124/2020 Safra National Bank New York (Canbtila) 2.00% 411612018 4115/2019 Morgan Stanley Banc N A Utah (Canova) 2.64% 4119/2018 4=020 US Treasury Bill (UBS) 2.07% 3/2912018 3/28/2019 Fiscal Agent Funds (TnutlDebt Service Fund) Varies Varies Vary Fiscal Agent Funds - Successor Agency (TmsWeW Service Fund) Varies Varies Varies PAR CURRENT BOOK MARKET VALUE PRINCIPAL VALUE VALUE I $ 22,312,665A7 $ 22,312,666A7 $ 22,3112,665A7 S 22,312,665A7 13,186.71 13,488.71 13,488.71 130488.71 22,326,154.18 22,326,154.18 22,326,164.118 22,326,1154.18 260,000.00 260,000.00 260,000.00 249.862.60 250,000.00 250,000.00 250,000.00 249,295.00 260,000.00 260.000.00 260,000.00 249,222.60 250,000.00 250.000.00 260,000.00 248,A00.00 260,000.00 260,000.00 250,000.00 248,400.00 260,000.00 260,000.00 250.000.00 249.620.80 260,000.00 260,000.00 260,000.00 248,162.50 1,760,000.00 1,760,000.00 1,760.000.00 1,743,962.60 1,000,000.00 1.000.000.00 1,000.000.00 992,450.00 0.00 0.00 0.60 0.00 10,233.99 10,233.99 10,233.99 10,233.99 10,233.99 10,233.99 10,233.99 10,233.99 i 25.086.3811.17 S 26.006.388.17 1 26,086,388.17 $ 25,072,790.67 Total krveshnerris S 26.006,3116.17 Cash with Banc of the west City Checking 2,410,665.04 Money Market Plus 132,819.03 City Miscellaneous Cash 67,546.30 Successor Agency 163.786.94 Housing Authority 143,606.67 Financing Authority 0.00 investment Brokerage 4.502.24 Total Cash with Bank of the West 2.932.6411.12 Total Cash and Investments S 28,018,036.29 Schedule of Cash and Investments includes cltywlde assets as included In the Comprehensive Annual Financial Report • There was no investment maturity/purchase transactions made for the month of November 2018 and several deposlts/withdrawals were made through 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