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Home My WebLink About2019 02 06NOTICE 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, FEBRUARY 6, 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: February 5, 2019. AFFIDAVIT OF POSTING Manuel Lozano Mayor I, Lourdes Morales, Chief Deputy City Clerk of the City of Baldwin Park hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of February 6, 2019. Lourdes Morales, Chief Deputy City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING Please note time and FEBRUARY 6, 2019 i �at�on 5:30 PM CITY HALL — 31 Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 'r HNI U V 1 5AN"',,GABR,//I E *40 20 /,VALE ��A / q7i�D JA140p' 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 FA VOR DE APAGAR SUS TELEFONOS CEL ULARES 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, para agenda, but only on any matter posted on this hablar solamente sobre asunto publicado en esta agenda. If you wish to address the City Council or agenda. Si usted desea la oportunidad de dirigirse al 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) minutos. interpreter is available for your convenience. 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. Presentation by National C.O.R.E Affordable Housing RECESS TO CLOSED SESSION 2. Public Employee Appointment (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 Name: Salcedo v. City of Baldwin Park Case Name: City of Baldwin Park v. City of Irwindale Case Name: Jason Adams v. City of Baldwin Park Case Name: Genoveva Benitez v. City of Baldwin Park Case Name: David Garcia v. City of Baldwin Park Case No. BC548602 Case No. BC676398 Case No. BS163400 Case No. 2:19-cv-00297 Case No. BC601768 Case No. BC709009 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 that the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting of February 6, 2019. sourdesMorales 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 e-mail Imorales(o)baldwinparlccom. 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 FEBRUARY 6, 2019 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 ON HUB,OF SAN/GfirElIEL,� co VA co JAN�� 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. vlotl n C,ubll, r ,(")rd rr I,') nIln t lea sl��a� i()r (.)pen sh' n ()[ ()[ s slyC(') fnCil r`i;=,lrrF,Auted lc) s sf�"' C(')unCil ""2 /")OUrs s'neebng vv/Il be, [(,)r- pu 11 In,s;per 11(,)n Clt /n cltf�' C/ il; "" ()[f/r „ l 1 -i -"*3 1 v � rinr ii�r i��fr�. ,,rd during bu,sln 30 6, 00 p,ar ,) 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 PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Measure H Funding Presentation By Recreation and Community Services 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 algOna 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] 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. Meeting Minutes Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meeting held on January 16, 2019. B. Meeting Minutes of the Regular City Council Meeting held on January 16, 2019. City Council Agenda Page 2 3. Award of Bid for City Project No. 2018-0268 — Chevalier Avenue Drainage Improvements It is recommended that the City Council: 1. Approve and award the contract to Gentry Brothers, Inc. out of Irwindale, CA in the amount of $106,620; and 2. Authorize the Mayor and City Clerk to execute the contract for the drainage improvements. 4. Accept Plans and Specifications and Authorize Publishing of a Notice Inviting Bids for City Project No. 2018-0273, CIP No. 19-113 — Walnut Creek Nature Park Improvements Phase III Including Minor Improvements to Morgan Park It is recommended that the City Council approve the plans and specifications and authorize the publishing of a Notice Inviting Bids for City Project No. 2018-0273 — WCNP Improvements, Phase III Project and Improvements at Morgan Park CIP No. 19-113. 5. Accept and Authorize the Filing of a Notice of Completion for Citywide Parkway Planting Project It is recommended that the City Council: 1. Accept the construction improvements by San Gabriel Valley Conservation Corps and authorize the recordation of a Notice of Completion; and 2. Authorize staff to submit for grant reimbursement from Los Angeles County Regional Park and Open Space District. 6. Ratification of Amendment No. 1 to the Design Services Agreement (DSA) with Southern California Regional Rail Authority (SCRRA) It is recommended that the City Council ratify contract Amendment No. 1 to the DSA with SCRRA and authorize the Mayor to execute the ratified Amendment. 7. Authorization to Advertise the Request for Proposal for Professional Pyrotechnic Services Related to the 4t" of July Fireworks Celebration Staff recommends the City Council: 1. Authorize the advertisement of the Request for Proposal (RFP) for professional pyrotechnic services related to the 4t" of July Fireworks Celebration. 8. Transfer of the new Public Information Officer Contract to VELADA Consulting LLC It is recommended that the City Council: 1. Accept the termination notice from USG; and 2. Accept the proposal of VELADA Consulting LLC, for one year with the option to renew for two additional years subject to approval of the CEO and direct the City Attorney to prepare a standard consultant agreement to be executed by the Mayor; and 3. Authorize the Finance Director to make any necessary budget adjustments. City Council Agenda Page 3 9. Second Reading of Ordinance No. 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" Staff recommends that the City Council waive reading and adopt Ordinance No. 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". 10.Second Reading of Ordinance No. 1436 Entitled: "An Amended Ordinance of the City Council of the City of Baldwin Vending as Defined by State Law" Staff recommends that the City Council entitled: "AN AMENDED ORDINANCE BALDWIN PARK REGULATING THE DEFINED BY STATE LAW'. Park Regulating the Business of Sidewalk waive reading and adopt Ordinance No. 1436, OF THE CITY COUNCIL OF THE CITY OF BUSINESS OF SIDEWALK VENDING AS 11.Amendment to City Attorney Contract It is recommended that the City Council ratify the amendments to the City Attorney contract for City Attorney services. PUBLIC HEARING 12.A Request to the City Council from the Planning Commission on an Amendment to the Development Agreement 18-14 to Change the Location from 4802 Littlejohn Street to 15010 Arrow Highway, for a Cannabis Cultivation and Manufacturing Facility within the IC, Industrial Commercial Zone Pursuant to Ordinance 1408 (Location: 4802 Littlejohn Street; Applicant: VRD Inc.; Case Number DA -18-14) Staff recommends that the City Council hold a Public Hearing and introduce for first reading, by title only and waive further reading, Ordinance 1437, 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 VRD INC. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 15010 ARROW HIGHWAY (APN 8535-023-011) WITHIN THE CITY OF BALDWIN PARK". REPORTS OF OFFICERS 13.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 Agenda Page 4 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS None Listed ADJOURNMENT 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 that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 31St day of Januar 2019. 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 Imoralesabaldwinpark.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-�-1 DATE: February 6, 2019 SUBJECT: City of Baldwin Park's Warrants and Demands SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payroll for the last period was $571,280.41 and the attached General Warrants Register was $1,176,475.66 for a total amount of $1,747,756.07. 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: The last payroll of the City of Baldwin Park consists of check numbers 199970 to 199994. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 11656 to 11915 for the period of December 30, 2018 through January 12, 2019, inclusive; these are presented and hereby ratified in the amount of $571,280.41. General Warrants, with the bank drafts in the amount of $368,137.95 and checks from 222547 to 222799 in the amount of $808,337.71 for the period January 7, 2019 to January 28, 2019, inclusive; in the total amount of $1,176,475.66 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. Expense Approval Report Attachment 1 Expense p p ro v a| Report 4-0 am GN O w CL Z _ m ' rn o > N O /� O . L O Q. 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STAFF REPORT TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk 01 SAN GA EL ,� DATE: February 6, 2019 AL E 4 RA�p�Ap� SUBJECT: Meeting Minutes SUMMARY The City Council held a Special City Council Meeting and a Regular City Council Meeting on January 16, 2019. RECOMMENDATION Staff recommends that the City Council approve meeting minutes for the following • City Council Meetings: • Special Meeting of January 16, 2019 • Regular Meeting of January 19, 2019 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 January 16, 2019 2. Regular Meeting Minutes of January 16, 2019 Attachment 1 Special Meeting Minutes 1/16/19 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING January 16, 2019, 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 5:35 p.m. by Mayor Lozano. ROLL CALL PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Mayor Pro Tem Monica Garcia arrived at 5:36 p.m. Mayor Manuel Lozano ABSENT: Council Member Ricardo Pacheco Motion: It was moved by Mayor Lozano, seconded by Council Member Avila to excuse Council Member Pacheco from the meeting. Motion carried by unanimous consent. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:36 p.m. Seeing no one wishing to speak, Public Communications closed at 5:36 p.m. OPEN SESSION 1. Caltrans Presentation Presentation provided by Public Works staff Public Works Director Sam Gutierrez provided an overview via a power point presentation on the status of Caltrans projects. Mr. Gutierrez stated Phase I was complete while Phase II was pending completion in the fall of 2019; and although no requests were made by the city during the plan check process to place aesthetically pleasing sings and landscape, staff has held successful meetings with Caltrans where they have committed to make modifications to the plans. The City Council inquired how the city would enforce the upkeep with Caltrans. Sam Gutierrez explained a maintenance agreement would be drafted to ensure all conditions were met. Special Meeting of 01/16/19 Page 1 of 4 Council Member Hernandez expressed concerns in regards to the palms and requested the foliage be drought resistant. Mr. Gutierrez reassured the City Council that the proposed landscape plans included drought resistant plants and was accepting suggestions if the City Council had a specific type of plant in mind. Mayor Lozano inquired whether the bus shelters were maintained by the city. Mr. Gutierrez replied that while bus stops were maintained by Caltrans, the Public Works Department maintained the shelters. John Beshay addressed concerns regarding trash, graffiti and modifications made to beautify the off ramps and highway walls. Discussion was held amongst staff and the City Council concerning development with Courtyard. Mayor Pro Tem Garcia asked whether a plan had been developed for graffiti removal services. Mr. Gutierrez conveyed there were financing challenges to implement an ongoing service for graffiti removal; however, stated the current plan was effective and graffiti was removed within 48 hours. The City Council recessed into closed session at 5:56 p.m. 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 Special Meeting of 01/16/19 Page 2 of 4 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 Special Meeting of 01/16/19 Page 3 of 4 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) ADJOURNMENT There being no further business, motion was made by Mayor Lozano, seconded by Mayor Pro Tem Garcia, to adjourn the meeting at 7:08 p.m. REPORT ON CLOSED SESSION* Mayor Lozano stated no reportable action was taken. Manuel Lozano, Mayor ATTEST: Jean M. Ayala, City Clerk APPROVED: Special Meeting of 01/16/19 Page 4 of 4 Attachment 2 Regular Meeting Minutes 1/16/19 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING January 16 2019, 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 7:08 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 Mayor Pro Tem Monica Garcia Mayor Manuel Lozano MEMBERS ABSENT: Council Member Ricardo Pacheco Motion: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to excuse Council Member Pacheco from the meeting. Motion carried by unanimous consent. REPORT ON CLOSED SESSION Mayor Lozano stated no reportable action was taken. ANNOUNCEMENTS Mayor Lozano requested the City mail a letter of condolence to the Corona family for the passing of their daughter and police officer for the City of Davis. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS Introduction of new Human Resources Staff and Community Development Staff. The City Council introduced Viviana Robles, Human Resources Analyst II; Christian Serna, Human Resources Technician; Esther Washington, Administrative Clerk; Erika Ramirez, Associate Planner; and Ariana Leon, Construction Clerk. Presentation on coordinated efforts to stem Illegal Dumping Public Works Director Sam Gutierrez provided a power point presentation with updates to the illegal dumping pilot program initiated by the Public Works Department in an effort to discourage illicit dumping. Mr. Gutierrez stated Waste Management Inc. provided curbside bulky item pick-up's every Friday free of charge and was a unique service provided to the City of Baldwin Park. Additionally, Mr. Gutierrez provided an overview of the pilot program overseen by Public Works and enforced by Code Enforcement. Council Member Hernandez asked for the percentage of offenses registered from multi- unit properties. Staff stated they would provide the information requested via email in order to research the matter. Council Member Avila asked the city's method of enforcement in relation to tenants who vacate properties. Waste Management Inc. representative Terri Muse stated the majority of property owners were responsible for the billing, and those tenants who did not close out their accounts were terminated and ultimately turned over to code enforcement. Council Member Avila commended Code Enforcement for the department's quick response time. Anthony Vasquez, Public Works Supervisor commented on the progress of the pilot program. Mayor Pro Tem Garcia requested staff research and provide feedback on how to pursue account holders in multi -units and requested alleys be included in this pilot program. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 7:38 p.m. and noted that each speaker was permitted a total of three (3) minutes to speak. Laura Handley requested support from the City Council to urge the Sanitation District to negotiate fair wages to their employees. Regular Meeting of 01/16/19 Page 2 of 7 Gisselle Sorial, District Representative from Senator Rubio's Office provided an introduction and offered any assistance needed to the constituents. Frank Eibner spoke in opposition to the property owners of Planned Parenthood. Christina Larios provided updates on upcoming events hosted by the Baldwin Park Library. Veronica wished all a happy and prosperous 2019 on behalf of Assembly Member Blanca Rubio. Emmanuel Estrada spoke in opposition of item 7 and commented on the proposed length of the agreement. Al Contreras expressed concerns with the length of the agreement proposed in item 7. Seeing no others wishing to speak, Public Communications closed 7:52 p.m. Mayor Lozano made additional comments to some of the concerns expressed by the speakers. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Board Members and were approved with one motion. MOTION: It was moved by Mayor Lozano, seconded by Council Member Hernandez to approve 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 — November 2018 The City Council received and filed the Treasurer's Report. 3. Meeting Minutes The City Council received and filed 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 of Inviting Bids for CIP-037, City Project No. 2018-0167, Various Street Improvements Projects The City Council approved the plans and specifications for the Various Street Improvements Project; and authorized staff to advertise a Notice of Inviting Bids. Regular Meeting of 01/16/19 Page 3 of 7 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. Chief Executive Officer Shannon Yauchzee provided the City Council with an updated to the staff report for item SA -2. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to approve the Successor Agency item SA -1. Motion carried by unanimous consent. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — November 2018 The Board received and filed the Treasurer's Report. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to approve the Successor Agency item SA -2 with noted changes made by the city's CEO. Motion carried by unanimous consent. 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 The Board approved the ROPS 19-20 for the period of July 1, 2019 through June 30, 2020; and adopted the Successor Agency Administrative budget for Fiscal Year 2019- 20; and directed 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 sent the approved ROPS 19-20 to the County Executive Office, County Auditor Controller, the State Controller, and DOF by February 1, 2019; and instructed 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) The Mayor opened the public hearing at 7:58 pm. Eduardo Almedo Salcedo spoke in favor of this item. Frank Eibner spoke in opposition of this item. Eduardo Alemdo Salcedo rebutted Mr. Eibner's comments. The Mayor closed the public hearing at 8:07 pm. Regular Meeting of 01/16/19 Page 4 of 7 Mayor Pro Tem Garcia spoke in favor of this item. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to 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 Council Member Avila inquired whether the city would permit any type of identification. City Attorney Robert Tafoya stated the city would accept any valid governmental ID. Council Member Avila asked whether the business license fee was comparable to the fees imposed by other cities. Chief Executive Officer Yauchzee stated staff did not survey other cities; however, affirmed this fee was in effect after the adoption of the ordinance. MOTION: It was moved by Mayor Lozano, seconded by Council Member Avila to 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". Motion carried by unanimous consent. 7. Approval of an Extension to the Official Police Tow Service Franchise for Royal Coaches Council Member Hernandez requested the language "exclusive" be removed from the agreement and the appropriate dates be inserted to the agreement (commencing date and expiration date). Council Member Avila commented on the change of the length of the agreement from four years to ten. Council Member Hernandez stated the city had previously adopted long term agreements and spoke in favor of long term business. Mayor Lozano commented on the contributions made from Royal Coaches to the Baldwin Park community and in support of the contract. Regular Meeting of 01/16/19 Page 5 of 7 Council Member Avila clarified she did not have issues with the company, but rather questioned why the agreement was extended from a four year to a ten year term. Mayor Pro Tem Garcia spoke in support of Royal Coaches and their services for more than 20 years. MOTION: It was moved by Council Member Hernandez, seconded by Mayor Lozano to extend the Franchise Agreement with Royal Coaches for a term of ten years; and authorize the Mayor to execute an amended Franchise Agreement for Official Police Tow Services with Royal Coaches Autobody and Towing; remove the word "exclusive" from the agreement; and insert the corresponding effective and expiring dates. Motion carried by unanimous consent 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 MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to table 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. The City Council unanimously decided to hold the State of the City program in-house. Council Member Avila requested staff provide an update at the next City Council Meeting on Measure H funding; provide an update on the multi -use units similar to Mars Place; and provide updates on the construction of the 711 near Foster Elementary. Chief Executive Officer, Shannon Yauchzee provided an update on the 711 matter and agreed to provide updates for the reminder of the matters on the next meeting. Regular Meeting of 01/16/19 - Page 6 of 7 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 Monica Garcia, to adjourn the meeting at 8:26 p.m. Mayor ATTEST: Manuel Lozano, Mayor Jean M. Ayala, City Clerk APPROVED: Regular Meeting of 01/16/19 Page 7 of 7 STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: February 6, 2019 SUBJECT: Award of Bid for City Project No. 2018-0268 — Chevalier Avenue Drainage Improvements SUMMARY This item will authorize the award of contract for City Project No. 2018-0268 — Chevalier Avenue Drainage Improvements to Gentry Brothers, Inc. out of Irwindale, CA in the amount of $106,620. This project is listed in the current Fiscal Year 2018/2019 Capital Improvement Program (CIP No. 19-093). The project will furnish drainage improvements at the intersection of Puente Avenue and Chevalier Avenue north of Pacific Avenue. The work will include removal and replacement of curb and gutter, sidewalks, curb ramp, driveways, cross gutter and full -depth of existing asphalt sections including all pavement markings. RECOMMENDATION It is recommended that the City Council: 1. Approve and award the contract to Gentry Brothers, Inc. out of Irwindale, CA in the amount of $106,620; and 2. Authorize the Mayor and City Clerk to execute the contract for the drainage improvements. FISCAL IMPACT There is no impact to the general fund. The following table lists the funds available for the project which is listed in fiscal year 2018/2019. BACKGROUND This project was first approved by the City Council on August 2, 2017 as part of the FY 2017-18 CIP. On May 29, 2018, a Request for Services was executed with Infrastructure Engineers for the design of the improvements including preparation of plans and specifications for construction. On September 5, 2018, the City Council carried -over the project and approved additional funds as part of the approval of the Fiscal Year 2018-19 CIP. The project objective is to improve the drainage at the intersection of Puente Avenue and Chevalier Avenue north of Pacific Avenue. The general nature of the work consists of removal and replacement Construction Contract $106,620 Construction Engineering 10% $10,662 Contingency 10% $10,662 Total Available Funds $127,944 BACKGROUND This project was first approved by the City Council on August 2, 2017 as part of the FY 2017-18 CIP. On May 29, 2018, a Request for Services was executed with Infrastructure Engineers for the design of the improvements including preparation of plans and specifications for construction. On September 5, 2018, the City Council carried -over the project and approved additional funds as part of the approval of the Fiscal Year 2018-19 CIP. The project objective is to improve the drainage at the intersection of Puente Avenue and Chevalier Avenue north of Pacific Avenue. The general nature of the work consists of removal and replacement of curb and/or gutter, sidewalks, curb ramps, cross gutter, driveways, installation of detectable warning surfaces (truncated domes), full -depth removal and replacement of Asphaltic Concrete pavement, installation of pavement markings, construction surveying, and adjusting manholes and utility covers to grade. This item will award the contract for City Project No. 2018-0268 — Chevalier Avenue Drainage Improvements Project. Plans and specifications for the project were accepted by Council on December 19, 2018. The project was advertised on January 3 and January 10, 2019. DISCUSSION On January 30, 2019 a total of five (5) bids were received and checked for errors, and all were determined to be valid. The following is a summary of bids received. The lowest responsive and responsible bid was from Gentry Brothers, Inc. out of Irwindale, CA. Staff has checked and verified references and recommends that the City Council move forward with the award of contract for this project. If awarded, the construction work is estimated to start in February and end in March. ENVIRONMENTAL REVIEW The subject Chevalier Avenue Drainage 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. ALTERNATIVES 1. The City Council may choose not to award a construction contract and reject all bids. This action is not recommended as the lowest bid was deemed responsive. Re -bidding or shelving the project may increase costs in the future. 2. Provide Staff with alternate direction. LEGAL REVIEW None Required. ATTACHMENTS None required. Irwindale, CA $106,620 1 Gentry Brothers 2 Aramexx Group Claremont, CA $119,845 3 Excel Paving Long Beach, CA $122,221 4 All American Asphalt Corona, CA $128;981 5 DM Contracting Colton, CA $150,000 The lowest responsive and responsible bid was from Gentry Brothers, Inc. out of Irwindale, CA. Staff has checked and verified references and recommends that the City Council move forward with the award of contract for this project. If awarded, the construction work is estimated to start in February and end in March. ENVIRONMENTAL REVIEW The subject Chevalier Avenue Drainage 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. ALTERNATIVES 1. The City Council may choose not to award a construction contract and reject all bids. This action is not recommended as the lowest bid was deemed responsive. Re -bidding or shelving the project may increase costs in the future. 2. Provide Staff with alternate direction. LEGAL REVIEW None Required. ATTACHMENTS None required. STAFF REPORT ITEM NO. L TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works V ' DATE: February 6, 2019 SUBJECT: Accept Plans and Specifications and Authorize Publishing of a Notice Inviting Bids for City Project No. 2018-0273, CIP No. 19-113 – Walnut Creek Nature Park Improvements Phase III Including Minor Improvements to Morgan Park SUMMARY This item will authorize the publishing of a Notice Inviting Bids for City Project No. 2018-0273, CIP No. 19-113 — Walnut Creek Nature Park (WCNP) Improvements, Phase III including minor improvements at Morgan Park. This project is the third and final phase of improvements to WCNP and includes minor improvements to Morgan Park. The project is funded with state approved grant funding sponsored by Assemblywoman Blanca Rubio's Office and will be administered by the California Natural Resources Agency (CNRA). RECOMMENDATION It is recommended that the City Council approve the plans and specifications and authorize the publishing of a Notice Inviting Bids for City Project No. 2018-0273 – WCNP Improvements, Phase III Project and Improvements at Morgan Park CIP No. 19-113. FISCAL IMPACT This project is funded with grant funds; no General Funds will be used. Grant Funds are from the California Natural Resources Agency (CNRA) will be utilized for this project as follows: BACKGROUND On February 18, 2015, the City Council approved the final conceptual design prepared by Restoration Design Group for improvements to Walnut Creek Nature Park. At that meeting, it was recognized that due to lack of funding to complete all of the recommendations in one phase, the project was to be divided into several phases. On December 16, 2015, the City Council awarded a contract for the first of three planned phases of construction. Phase 1 improvements included grading of the existing swale, installation of an irrigation system, concrete walking path, expanded bio swale, installation of trees, lighting, and parking lot improvements. On April 20, 2016, the City Council accepted the completed improvements for Phase 1. On August 3, 2016, the City Council awarded a construction contract for Phase II of the improvements. Phase II included of grading for planting of trees, shrubs and plants, expansion of the irrigation system, concrete walking path, improvements to the observation structure including Attachment 1 Notice of Inviting Bids installation of new roof, new concrete flooring and new deck and fencing. Other improvements include installing 2 ADA accessible parking stalls, construction of an ADA pedestrian bridge, and the construction of 2 new play areas. On March 15, 2017, the City Council accepted the improvements for Phase II. DISCUSSION This project represents the final of three planned phases for the nature park improvements. On July 18, 2018, City Council authorized an agreement for professional services to Restoration Design Group (RDG) for the preparation of construction plans and specifications for this phase. The improvements consist of the installation of solar lighting features, upgrades and repairs to the security gate for access at Hensel Street, construction of an ADA accessible entrance to the park, expansion of irrigation system, planting of drought -tolerant landscaping, completion of the concrete pathway with trail markers, widening of the curb -inlet at Frazier Street, parking lot rehabilitation, installation of play equipment, installation of new picnic tables and BBQ grills, construction of monument entrance sign and development of a community memorial. These improvements, when completed, will finalize the Walnut Creek Nature Park Improvements Project. In addition to funding the improvements at Walnut Creek Nature Park, the grant also provides funding for improvements at Morgan Park. Improvements at Morgan Park include widening of the sidewalk along the perimeter of the park, installing shade structure over the fitness zone, replacing rubberized surface at play areas and installing two security cameras. ENVIRONMENTAL REVIEW The subject Walnut Creek Nature Park and Morgan Park Improvements Project is exempt from the California Environmental Quality Act (CEQA) pursuant to Article 19, Class 1, Existing Facilities; All improvements and repairs are within the boundaries of the existing park area. 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 the improvements which may leave the City at risk of losing the grant funds provided by the Assemblywoman Blanca Rubio's Office and CNRA. Additionally, not completing the project will leave an area of the park in an unfinished state. 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. LEGAL REVIEW Not Required. ATTACHMENTS 1. Notice Inviting Bids SectionA NOTICE INVITING SEALED BIDS CityProject NO. 2018-0273—Walnut Creek Nature Park Improvements Phase III PUBLIC NOTICE IS HEREBY GIVEN thatthe 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.. Thursday, March 7.2019 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 improvements consist of the installation of solar lighting features, upgrades and repairs to the security gate for access at Hensel Street, construction of an ADA accessible entrance to the park, expansion of irrigation system, planting of drought -tolerant landscaping, completion of the concrete pathway with trail markers, widening of the curb -inlet at Frazier Street, parking lot rehabilitation, installation of play equipment, installation of new picnic tables and BBQ grills, construction of monument entrance sign and development of a community memorial. These improvements, when completed, will finalize the Walnut Creek Nature Park Improvements Project. Proposals—Bids shall be sealed and plainly marked "Sealed Bid for BID NO. 2018-0273." 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 14, 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 on the City's website by clicking on "Bid Portal" under the "Public Works" tab. The project QuestCDN eBidDoc #6115561. 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 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. A-1 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. License or other appropriate license classification under the State Contracting Code at the time the contract is bid. Failure to possess such license may render the bid non responsive. The successful bidder will be required to obtain a City encroachment permit to work in public right- of -way, issued at no fee for the project. Prevailing Wages— In accordance with the provisions of Sections 1770 et seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined 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, or (b) engage in the performance of this Work, 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, February 14, 2019 Thursday, February 21, 2019 A-2 STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: February 6, 2019 5�� SUBJECT: Accept and Authorize the Filing of a Notice of Completion for Citywide Parkway Planting Project SUMMARY This item will accept the work completed for the Citywide Parkway Planting Project, close the contract, and authorize the filing of a Notice of Completion with the County Clerk. San Gabriel Valley Conservation Corps planted and helped establish three hundred and eighty-one (381), 24" and 36" box trees. Species ranged from Crape Myrtles, Camphor, Brisbane box, Chitalpa, Chinese Pistachia, Eastern Red Buds, Jacarandas and Australian Willows and were determined by the City's Tree Planting Master Plan and arborist recommendations. Streets included Maine Ave, Merced Ave, Baldwin Park Blvd, Root St, Ramona Blvd, Frazier St, and others. RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements by San Gabriel Valley Conservation Corps and authorize the recordation of a Notice of Completion; and 2. Authorize staff to submit for grant reimbursement from Los Angeles County Regional Park and Open Space District. FISCAL IMPACT There is no impact to the general fund. The Los Angeles County Regional Park and Open Space District grant funds total $200,000 for project costs and the remainder will be paid through the City's operations budget for landscaping as shown on the table below: SGVCC — Installation and Watering Cost $111,315.08 Tree purchase and supplies $90,003.39 Total Cost $203,318.47 BACKGROUND On August 3rd, 2016 at the regular meeting City Council adopted Resolution No. 2016-140, a resolution approving the application to the Los Angeles County Regional Park and Open Space District (RPOSD) for the procurement and establishment of trees along centerline medians and parkways. $200,000.00 Grant Funds LA County Regional Park and Open Space District Grant — Fund #245-50-520-58100-15732 Gas Tax City Landscape Operations Budget — Fund #240-50-560- $3,318.47 51100-15062 Total Available Funds $203,318.47 SGVCC — Installation and Watering Cost $111,315.08 Tree purchase and supplies $90,003.39 Total Cost $203,318.47 BACKGROUND On August 3rd, 2016 at the regular meeting City Council adopted Resolution No. 2016-140, a resolution approving the application to the Los Angeles County Regional Park and Open Space District (RPOSD) for the procurement and establishment of trees along centerline medians and parkways. On December 1511, 2016 Los Angeles County Regional Park and Open Space District awarded the grant requested amount of $200,000. On June 15, 2017 a project agreement was executed between the City and Los Angeles County RPOSD to complete the Citywide Parkway Planting Project. DISCUSSION On May 1, 2018 the City executed an Agreement with San Gabriel Valley Conservation Corps (SGVCC) to plant a total of 381 trees, including four (4) 15 -gallon box, two hundred and seventy-five (275) 24" box, and one hundred and two (102) 36" box trees. Trees were planted in various City parkway and median locations Citywide. Due to additional requests from residents to have street trees planted, the contract total was exceeded by $3,318.47. The project is now complete and has been accepted by Staff. ALERNATIVES 1. City Council may choose not to accept the completion of the improvements. This action is not recommended as it will delay payment of retention funds to the SGVCC. 2. Provide Staff with alternative direction. LEGAL REVIEW None Required. ATTACHMENTS 1. Notice of Completion Attachment 1 Notice of Completion RECORDING REQUESTED BY: CITY OF BALDWIN PARK WHEN RECORDED MAIL TO: Name CITY OF BALDWIN PARK Address 14403 E. Pacific Avenue Baldwin Park State, Zip CA, 91706 APN: NSA NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: Citywide Tree Plantin Grant Project for the Citv of Baldwin Baldwin Park and was ACCEPTED by City Council on Febraury 6, 2019. 2. The FULL NAME of the OWNER is City of Baldwin Park 3. The FULL ADDRESS of the OWNER is 14403 E. Pacific Avenue, Baldwin Park, CA 91706 5. A work of improvement on the property hereinafter described was COMPLETED on December 28, 2018 6. The work of improvement completed is described as follows: Citywide Tree Planting 7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is SGV Conservation Corps 8. The street address of said property is Various Locations in the City of Baldwin Park The undersigned, being duly sworn Engineering Official of the City of Baldwin Park, makes this verification on behalf of said entity, has read the foregoing and knows the contents thereof, and that the facts stated herein are true. By: Chase Fidler Engineering Assistant Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date Place of Execution Signature STAFF REPORT ITEM NO. G TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: February 6, 2019 SUBJECT: Ratification of Amendment No. 1 to the Design Services Agreement (DSA) with Southern California Regional Rail Authority (SCRRA) SUMMARY This report seeks City Council consideration and ratification of the Amendment No. 1 to the Design Services Agreement (DSA) with Southern California Regional Rail Authority (SCRRA). This action is to correct the not -to -exceed dollar amount included in the draft Amendment No. 1 of the DSA which was erroneously presented and approved. RECOMMENDATION It is recommended that the City Council ratify contract Amendment No. 1 to the DSA with SCRRA and authorize the Mayor to execute the ratified Amendment. FISCAL IMPACT The fiscal impact reflected in the December 19, 2018 staff report was represented as an amount not - to -exceed $113,960 where it should have read as $135,960. Funding sources, budget, schedule and attachments were correct and will remain the same as previously presented. BACKGROUND At the December 19, 2018 City Council meeting, Amendment No. 1 to the DSA with SCRRA was approved. Subsequent to the approval, staff identified an error related to the not -to -exceed dollar amount of cost for services to be provided by SCRRA under the Agreement. In the DSA, under Item 4, Section II, Paragraph 3, the additional amount required to cover costs for the civil design for the expansion of the Baldwin Park Station Platform as part of the Pacific Avenue and Bogart Avenue Signalization Improvements was erroneously shown as $113,960 when it should have been shown as $135,960. In preparation of the Staff Report the incorrect amount was mistakenly carried -over onto the report as well. SCRRA has revised the DSA Amendment to reflect the correct amount. Approval of this action will reconcile the amount presented in DSA Amendment and Staff Report. ALTERNATIVES Council may choose to reject the request and direct staff to resubmit the entire package for Council consideration. However, this action may delay the project. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Exhibit A — Contract Amendment No. 1 for Design Services Agreement with SCRRA (Revised). Exhibit A Contract Amendment No. 1 AMENDMENT NO. 1 DESIGN SERVICES AGREEMENT BETWEEN SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY (SCRRA) AND THE CITY OF BALDWIN PARK FOR PACIFIC AVENUE AND BOGART AVENUE SIGNALIZATION AT SCRRA MP 18.71 - SAN GABRIEL SUBDIVISION DOT NO.: 747281C CPUC NO.: 101 SG -18.71 IN BALDWIN PARK, LOS ANGELES COUNTY, CALIFORNIA Pacific Ave & Bogart Ave Signalization SCRRA Project No: 860951 Design Services Agreement SCRRA File No.: S0000041 San Gabriel Subdivision MP 18.71 This "Amendment No. 1" to the December 21, 2016 Design Services Agreement (herein referred to as the "AGREEMENT") for the Pacific Avenue and Bogart Avenue Signalization Project (herein referred to as the "PROJECT") is made and entered into as of the day of , 2019, by and between the SOUTHERN CALIFORNIA REGIONAL RAIL AUTHORITY, a joint powers authority existing under the laws of the State of California (hereinafter referred to as "SCRRA"), to be addressed at 900 Wilshire Blvd., Suite 1500, Los Angeles, CA 90017 and the CITY OF BALDWIN PARK, a general law city and municipal corporation organized and existing under the laws of the State of California, (hereinafter referred to as "CITY"), to be addressed at 14403 East Pacific Avenue, Baldwin Park, CA 91706-4297. CITY and SCRRA may be referred to singly as "PARTY" and collectively as "PARTIES." RECITALS: CITY and SCRRA executed the AGREEMENT on December 21, 2016 which established roles, responsibilities, funding and processes for engineering and construction reviews, comments, and approvals of final engineering Plans, Specifications and Estimates (PS&E) for the Pacific Avenue and Bogart Avenue Signalization PROJECT located on the San Gabriel Subdivision at milepost 18.71 and identified as USDOT No. 747281 C and CPUC No. 101 SG -18.71 in the City of Baldwin Park. The CITY also desires to extend the existing Baldwin Park Station Platform to the Railroad West to help improve traffic flow at Ramona Blvd. At the request of the CITY, SCRRA agrees to provide RAILROAD DESIGN SERVICES for the design of the highway -rail grade crossing warning system at Pacific Ave and the extension of the existing Baldwin Park Station Platform for the PROJECT. In doing so, the estimated cost for services to be performed by SCRRA under the AGREEMENT have been increased. CITY and SCRRA desire to amend the AGREEMENT to add the RAILROAD DESIGN SERVICES work that must be performed by SCRRA and to update the estimated cost for said additional services. -1- Pacific Ave & Bogart Ave Signalization Design Services Agreement SCRRA Project No: 860951 SCRRA File No.: S0000041 San Gabriel Subdivision MP 18.71 NOW THEREFORE, the Parties hereto mutually agree as follows: 1. Section I, add Paragraph 4 as follows: 2) SCRRA shall provide "RAILROAD DESIGN SERVICES" for the PROJECT at CITY's sole cost and expense as follows: a) Develop railroad signal design plan for all railroad signal and communication facilities to provide for additional railroad warning facilities, as required by the California Public Utilities Commission ("CPUC") and the latest SCRRA grade crossing safety standards. b) Develop railroad signal design plan to provide for advance preemption time, traffic signal interconnection. c) Develop design plans for the westward extension of the Baldwin Park Station platform and any ancillary station facilities and equipment affected by the extension of the platform. d) Attend meetings & assist with design coordination between civil city designer and SCRRA design consultant. 2. Section I, Paragraph 3 is hereby amended to read as follows: 3) The performance of any additional services beyond the RAILROAD DESIGN REVIEW SERVICES as defined in Section I-1. and the RAILROAD DESIGN SERVICES as defined in Section I-4. and outlined in EXHIBIT "A" (Revision 1), shall require an amendment to this AGREEMENT signed by both parties. 3. Section II, Paragraph 2 is hereby amended to read as follows: 2) CITY shall fund and bear the cost of one hundred percent (100%) of all RAILROAD DESIGN REVIEW SERVICES as defined in Section I-1. and the RAILROAD DESIGN SERVICES as defined in Section I-4. and outlined in EXHIBIT "A" of this AGREEMENT. The costs associated with the RAILROAD DESIGN REVIEW SERVICES and RAILROAD DESIGN SERVICES are only estimates and may vary, -2- Pacific Ave & Bogart Ave Signalization Design Services Agreement SCRRA Project No: 860951 SCRRA File No.: S0000041 San Gabriel Subdivision MP 18.71 for which the CITY shall be responsible for reimbursement of one hundred percent (100%) of all costs incurred by SCRRA. 4. Section II, Paragraph 3 is hereby amended to read as follows: 3) The total cost of the RAILROAD DESIGN REVIEW SERVICES and RAILROAD DESIGN SERVICES provided by this AGREEMENT shall not exceed the sum of $176,000.00. This amount includes the original commitment of $40,040.00 as agreed upon by the CITY and SCRRA in the existing AGREEMENT and an additional $135,960 in funds to cover a portion of the additional costs associated with the RAILROAD DESIGN SERVICES. Within thirty (30) days of execution of this AGREEMENT, CITY agrees to deposit the amount of $135,960.00, which represents seventy percent (70%) of the estimated cost of RAILROAD DESIGN REVIEW SERVICES and RAILROAD DESIGN SERVICES to be provided by SCRRA under EXHIBIT "A" of this AGREEMENT. SCRRA will be reimbursed on the basis of actual cost up to the "not -to -exceed" total amount. SCRRA shall notify CITY in writing when seventy-five percent (75%) of the deposited funds have been exhausted and include an estimate of what, if any, additional funds are estimated to be needed to complete the services under this AGREEMENT. 5. Section III, Paragraph 9, Party's Address and Addressee are hereby amended to read as follows: To CITY To SCRRA Sam Gutierrez Director of Public Works Justin Fornelli, P.E. Director Engineering & Construction Public Works Department City of Baldwin Park Southern California Regional Rail Authority 14403 East Pacific Avenue 2558 Supply Street, Building A Baldwin Park, CA 91706-4297 Pomona, CA 91767 6. Exhibit "A" shall be replaced in its entirety with the included Exhibit "A" (Revision 1). [SIGNATURES APPEAR ON THE FOLLOWING PAGE] -3- Pacific Ave & Bogart Ave Signalization Design Services Agreement SCRRA Project No: 860951 SCRRA File No.: S0000041 San Gabriel Subdivision MP 18.71 IN WITNESS WHEREOF, the parties have caused this AMENDMENT No. I to be executed and attested by their duly qualified and authorized officials. SOUTHERN CALIFORNIA REGIONAL CITY OF BALDWIN PARK RAIL AUTHORITY Lo Stephanie Wiggins Chief Executive Officer Date: APPROVED AS TO FORM: Don O. Del Rio General Counsel Date: -4- LIM Date: Manuel Lozano, Mayor City of Baldwin Park Pacific Ave & Bogart Ave Signalization SCRRA Project No: 860951 Design Services Agreement SCRRA File No.: S0000041 San Gabriel Subdivision MP 18.71 EXHIBIT "A" (REVISION 1) PACIFIC AVENUE AND BOGART AVENUE SIGNALIZATION DESIGN SERVICES AGREEMENT BUDGETED SCHEDULE AND COST Date S -Dec -18 Agreement S0000041 SCRRA Project No. 860951 Project Name Pacific & Bogart Signalization Schedule 1/l/2019-12/31/2019 1.1 General PM Work 50 HR $250.00 $: Sub -Total 50 $: 2.1511eview Design Documents 40 HR $250.00 22 Meetings 10 HR $250.00 Sub -Total 3.1!Civil Design & Civil DSDC -CONSULTANT 1 LS $50,000.00, $ Sub -Total $ 4 Communication & Signal Design Services ;Signal Design of Pacific Avenue & 4.1i Modification of Adjacent Locations Affected 1 LS $65,000.001 $ by Changes - CONSULTANT X&S Design &Design Review for Platform 40 HR $250.001; $ 42i Extension Sub -Total $ ;Develop and coordinate C&MAgreement 3after design completion and prior to 40 HR $250.00 5.1iconstruction . . ... .............. ......... . .. Sub -Total $160,OOC iSub-Total (items 1-S) Contingency (10%) $16,00( !TOTAL ESTIMATED COST (NOT -TO -EXCEED) $176,00( Past Commitments $40,04( iAdditional Funds Required $135,96C Notes: ;The cost of the SCRRA services shown is an estimate only and CITY will reimburse SCF 1 ,on the basis of actual costs and expenses. ------ ------- --- --- CITY shall reimburse SCRRA the actual costs and expenses incurred bySCRRA and its contractors and consultants forall services and work performed in connection with this 2 ,project, including an allocated overhead representing SCRRA's costs for administration .and management, up to the not -to -exceed total amount. I i -5- STAFF I ITEM NO. 7 TO: Honorable Mayor and Members of the City Council FROM: Manuel Carrillo Jr., Director of Recreation & Community Servic s DATE: February 6, 2019 .1y SUBJECT: Authorization to Advertise the Request for Proposal for Professional Pyrotechnic Services Related to the 4th of July Celebration SUMMARY The purpose of this report is to receive authorization from the City Council to advertise for Request for Proposals (RFP) for professional pyrotechnic services related to the 4th of July Fireworks Celebration. FISCAL IMPACT The funding source can be determined at a later date. The proposals shall not exceed $21,000 for Pyrotechnic Services, with an overall event cost of approximately $55,000 including; operational costs, contract services (entertainment, games, and sound technician), and other department overtime pay. RECOMMENDATION Staff recommends the City Council to: 1) Authorize the advertisement of the Request for Proposal (RFP) for professional pyrotechnic services related to the 4th of July Fireworks Celebration. BACKGROUND The Department of Recreation and Community Services is seeking a professional pyrotechnic company to perform 4th of July Spectacular Pyrotechnic Show. The companies' proposals will include an 18 -minute custom designed, synchronized and choreographed sky concert. The show will be electronically fired and include musical and narrative scores, a show director and will have a minimum of 2,000 -fired pieces. The proposals will include all the necessary permits, insurances and licensed pyrotechnic and sand free firing racks. In an attempt to increase the potential vendor pool, phone calls will be made to encourage vendors to participate, as well as letters will be mailed, emailed and faxed to professional pyrotechnic companies. Proposals will be due to the Department of Recreation & Community Services by March 7, 2019. Vendors must meet all the requirements set forth by the City, county, state and federal guidelines. The pyrotechnic show will be conducted at Sierra Vista High School Athletic Field. The 4th of July Spectacular event attracts over 6,000 spectators and is viewed as the official summer kick-off in the community. LEGAL REVIEW The City Attorney has reviewed the Request for Proposal (RFP) and approved it as to form. ALTERNATIVES 1) The City Council may elect not to host the event. ATTACHMENT 1) Request for Proposals (RFP). Attachment 1 Request for Proposal CITY OF BALDWIN PARK 4T" OF JULY SPECTACULAR 2019 REQUEST FOR PROPOSALS (RFP) The City of Baldwin Park (City) conducts an annual 4th of July Fireworks show (Show) as part of its 4th of July Spectacular. The Show is held at the Sierra Vista High School. The campus is used throughout the 4th of July Celebration for various other activities and entertainment. The City wishes to enter into a one-year contract for a professional show with at least the following pyrotechnic displays: The show must be at least approximately 18 minutes in length without breaks with appropriate patriotic music accompaniment. The contractor will not be responsible for the sound system although must provide the audible portion of the show. FIREWORKS SPECIFICATIONS: Base Bid 1. Duration of display - 18 -minute minimum. 2. Show will have a minimum of 2,000 -fired pieces. 3. Fireworks Bid not to exceed $21,000. 4. Fireworks ignition — electronic. 5. $5,000,000 single limit liability insurance naming the City, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, and each of their officers, agents, employees and volunteers additional insured. 6. Maximum shell size: 3". 7. Sand free firing racks. 8. No ground set pieces. 9. Music and voice narration CD provided. 10. Fall out zone to comply with National Fire Protection Association Code 1123, Los Angeles County Fire Department and any other government agencies. DELIVERABLES: Base Bid 1. Vendor and fireworks must arrive no later than 9:00 am, July 4, 2019 at Sierra Vista High School, 3600 Frazier Street, Baldwin Park, CA 91706. Fireworks show to start at 9:00 pm sharp. 2. Vendor must provide all safety equipment for themselves and their crew. (Ear plugs, hard hats, eye protection, gloves, long sleeve protective clothing, etc.). 3. Vendor must provide all supplies needed for set-up and show which include but are not limited to: hammers, racks, fuses, fire extinguishers, and anything needed to provide a successful show. PERMITS: 1. Vendor MUST obtain any and all permits or licenses required by law. Cost must be included in bid. 2. Vendor must obtain a business license permit from the City of Baldwin Park. The business license permit can be purchased at: City of Baldwin Park City Hall — 2nd Floor 14403 E. Pacific Avenue Baldwin Park, CA 91706 Business Hours — Monday - Thursday 7:30 am to 6:00 pm Phone- (626) 960-4011 Extension, 214 3. Vendor MUST abide by all rules and regulations imposed by law including National Fire Protection Association Code 1123 and California Code of Regulations, Title 19, Chapter 6 and the California Health & Safety Code 12500-12726. Please note the vendor will be responsible for all permit fees required by Los Angeles County Fire Department and any other Government Agencies. The City is to be informed of any additional fees. MEETINGS: PRIOR to award of contact, a representative must meet with City for a site inspection. 2. Meet with the City a minimum of two times prior to the event. Pyrotechnic shooter must be present to review site with City representatives one of these times. INSURANCE: Provide insurance from a company authorized to do business in the State of California. 2. Must agree to hold harmless, indemnify and defend the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, and each of their officers, agents, employees and volunteers and as additionally insured. 3. Vendor shall obtain at its sole cost and file with the City of Baldwin Park, City Clerk's Office, a policy or policies of insurance or a certificate of insurance and Vendor must obtain a business license permit from the City of Baldwin Park: a. Naming the City of Baldwin Park, Baldwin Park Unified School District, Sierra Vista High School, Los Angeles County Fire Department, its officers, agents, employees and volunteers and as additionally insured. b. Provide that said policy or policies shall contain a clear cancellation and/or reschedule provision, as to the City's options in case of inclement weather or severe wind. C. Each policy of insurance must be issued by an insurance company, which is authorized to do business in the State of California. d. Insurance with the following limits. (1) Workers Compensation: Before beginning work, vendor shall supply proof of full workers compensation insurance for all persons to be employed directly in carrying out the work as specified in accordance with the laws of the State of California. (2) Comprehensive General Liability: (Bodily Injury and Property Damage) which shall include limits of at least $5 million single limit. PAYMENT: 50% to be due June 14, 2019 and balance due on July 12, 2019. PROPOSALS: Proposals must be submitted as follows: 1. Description of the proposed show indicating size and type of devise planned. 2. Contractor qualifications including required licenses (and expiration date) and references of other local municipalities served (minimum of three). 3. Proposed staffing with descriptions of experience and qualifications with Name and Contact numbers. 4. Proof of insurance or insurability. 5. Assurances that the proposal will comply with each of the requirements. 6. Quote for year, if the City chooses to extend the contract for one year. 7. Assurances as to quality of show and customer satisfaction. Please submit (2) two copies of your proposals by Thursday, March 7, 2019 at 10:00 am to: City of Baldwin Park Department of Recreation & Community Services 4100 Baldwin Park Blvd. Baldwin Park, CA 91706 Attention: Manuel Carrillo Jr. Proposals will be opened in public at the above address on Thursday, March 7, 2019 at 10:00 am. Proposals will be evaluated first on compliance with the requirements established in this request for proposal, safety record, training, and price. The City of Baldwin Park reserves the right to reject any and all bids for any reason. Any questions regarding this request for proposals, please contact Manuel Carrillo Jr., Director of Recreation & Community Services, at (626) 813-5245, Ext. 314 or electronically at Mcarril Ioa-baldwinpark.com. STAFF REPORT ITEM NO. V TO: Honorable Mayor and Members of the City Council FROM: Shannon Yauchzee, CEO fid/ DATE: February 6, 2019 SUBJECT: Transfer of the New Public Information Officer Contract to VELADA Consulting LLC SUMMARY The City Council has had previous discussions about expanding the public awareness of the positive things happening in the City and have used consultants in the past for this purpose. Previously the City Council contracted with David Vela and the Firm of Urban Strategy Group, Inc (USG). Mr. Vela has recently left the firm of USG and is going out on his own. USG has given the City a 30 day contract termination notice. RECOMMENDATION It is recommended that the City Council: 1) Accept the termination notice from USG; 2) Accept the proposal of VELADA Consulting LLC, for one year with the option to renew for two additional years subject to approval of the CEO and direct the City Attorney to prepare a standard consultant agreement to be executed by the Mayor, and; 3) Authorize the Finance Director to make any necessary budget adjustments. FISCAL IMPACT The funds have been budgeted from the Business Improvement Fund for the remainder of this fiscal year. Additional appropriations may be made in the next fiscal year. The annual cost to provide services will be billed hourly at a total not to exceed cost of $49,500 annually. BACKGROUND David Vela and VELADA Consulting LLC has been a proven leader in communication and has a comprehensive knowledge of the San Gabriel Valley and Baldwin Park. David has already covered several significant events in the City such as the Open Streets event and the Anniversary Parade. Their proposal (attached) is aimed to build a strategic communication organizational framework, expand the City's reach to the public and the media, and develop proactive methods of communication. ALTERNATIVES The City Council may: 1) Direct Staff to negotiate changes to the proposal. 2) Direct staff to solicit RFP's for the service. 3) Decide not to appoint a PIO contract at this time. LEGAL REVIEW Legal Review is not required for this item. ATTACHMENTS 1) Proposal Attachment 1 Proposal CITY OF BALDWIN PARK PUBLIC INFORMATION OFFICER SERVICES PROPOSAL Prepared by VELADA Consulting r HU OF A ir }.`iii. I A �? � AL E ° January 24, 2019 VELADA January 24, 2019 Shannon Yauchzee Chief Executive Officer 14403 E. Pacific Avenue Baldwin Park, CA 91706 Re: Proposal for Public Information Officer Services Dear Mr. Yauchzee: On behalf of VELADA, I submit our proposal for public information services and government relations services. The accompanying proposal outlines the collective plan VELADA can provide to effectively implement a media relations program tailored for Baldwin Park. VELADA has been a recognized leader in government relations and public outreach and engagement for nearly ten years. Our dedicated staff seeks to fully engage media outlets and key stakeholders in an effort to not just inform communities of projects impacting their neighborhoods, but to create active participants of civic processes. We look forward to the opportunity to work with you to achieve your goals in Baldwin Park and beyond. Sincerely, David Vela Principal VELADA Consulting LLC VELADA PROJECT APPROACH & METHODOLOGY VELADA Consulting will provide a part-time Public Information Officer for the City of Baldwin Park with the intent to increase public awareness, encourage meaningful community engagement and build trust in City government. The Public Information Officer's objective is to deliver timely, accurate, coordinated and relevant public information in the way residents receive and access information, and in a manner that elevates City Council/staff expertise, promotes City values, and produces high quality communications. Aiming to strategically position the City's profile as a leader amongst the cities in the San Gabriel Valley. Public Information Officer has three strategies: 1. Build a sustainable communications organizational framework. Centralize communications coordination and suggest relevant media protocols. Provide ongoing communications training for City staff and councilmembers. Disseminate information in English, Spanish, Chinese, Tagalog and Vietnamese when appropriate. Coordinate City logo and use for unified portrayal of City government. Reviews current public relations plans and evaluates its efficiencies 2. Expand the City's reach to the public and media. Serve as spokesperson. Arranges news conferences, media and other public appearances for public officials, prepares or edits the material to be presented. Bolster traditional channels of communication. Use new media technologies. Continue and grow social media presence 3. Develop proactive methods of communicating. Support and plan for targeted communication projects. Enhance direct communication and partnership with the community and media outlets. Update and maintain project media kit❑ Crisis Communications: VELADA will develop a crisis communication plan that will include protocol that will focus on media that covers the City of Baldwin Park. VELADA is also ready to facilitate any community meeting or special event that could lead to heated conversations. VELADA PROJECT MANAGEMENT Effective communication and coordination with the City of Baldwin Park is crucial. VELADA will be part of multiple coordination meetings with City staff to participate fully and then execute precisely what Baldwin Park needs. We will create a timeline to establish media outreach and ensure that all tasks are outlined after our meetings. VELADA will also create a press corps list specifically for Baldwin Park. VELADA THE TEAM DAVID VELA PIO / GOVERNMENT RELATIONS SPECIALIST SUMMARY David Vela established strong working relationships with elected officials, media outlets and stakeholder groups within the State of California and led numerous successful government relations projects in the County of Los Angeles and the State of California. Mr. Vela served as a special advisor to the CA Employment Development Department, Senior Advisor and Chief of Staff to members of the CA State Legislature, Deputy to a Los Angeles County Supervisor and Vice President at a full service Public Affairs firm. He was a member of the Montebello Unified School District for eight years and now serves as a Trustee on the Los Angeles Community College District EXPERIENCE PROFILE Mr. Vela is a government relations professional with 17 years of experience working with a variety of local agencies and businesses advising them on County and State related issues. He is also public affairs, media relations and outreach specialist with experience with different stakeholder groups including homeowners associations, business groups, schools, and faith -based organizations. His experience includes working with and on behalf of elected officials and public agencies, and creating and implementing successful media and public awareness campaigns. He has overseen the creation of informational and collateral materials including fact sheets, newsletters, and public meeting notices. Mr. Vela is adept at effectively managing staff and budgets to ensure the successful and timely completion of projects. PROJECT EXPERIENCE LTAVN0W-AAIIL Project Name and Location: JACOBS Engineering, Build LACCD, Communications Manager, Monterey Park, CA Project Role: Communications Manager for the Los Angeles Community College District's seven billion dollar program with local agencies, cities and constituents. Oversaw the Project Labor Agreement, Labor Compliance and SBE Compliance departments. Project Name and Location: Lynwood Unified School District, Government Relations, Lynwood CA Project Role: Assist school district in tracking legislation, obtaining matching bond dollars and advocating at the County and State level. Project Name and Location: City of Huntington Park, Government and Media Relations, Huntington Park, CA Project Role: Represent the City in front of State and County officials. Worked on bringing state resources to the City. Handled all media relations for the City and produced various social media campaigns as well as prepared and produces press conferences and media events. Project Name and Location: Alameda Corridor East (ACE), Community and Government Relations, Montebello CA Project Role: Mr. Vela gathered elected official and community stakeholder consensus on a grade separation project in Montebello. VELADA COST PROPOSAL AND AGREEMENT GOVERNMENT RELATIONS CONSULTING AGREEMENT THIS CONSULTING AGREEMENT (the "Agreement") is made and entered into effective this _25th day of January 2019 (the "Effective Date") at Los Angeles County, California by and between the City of Baldwin Park (the "Client"), and Velada Consulting LLC, a California LLC (the "Consultant"). RECITALS WHEREAS, Client desires to retain the Consultant in connection with the performance of certain consulting services, upon the terms and conditions set forth in this Agreement (the "Services"). SCOPE OF SERVICES The Services to be provided to the City of Baldwin Park by Consultant shall consist of the tasks set forth in Exhibit "A" to this Agreement (the "Scope of Services"). This Agreement does not constitute an agreement for the performance of legal services or the providing of legal advice. TERM OF AGREEMENT This Agreement is to commence on the effective date and shall continue for three years until either party terminates it by giving thirty (30) days prior written notice. The term of this agreement may be extended by mutual written agreement. COMPENSATION VELADA A. For the above stated tasks, VELADA Consulting proposes a contract total not to exceed $49,500 annually up to three years and the following hourly rates will be: • David Vela — PIO/Gov Relations Principal $250/hour • PIO Assistant $150/hour • Ty Washington -Social Media, Photography $145/hour General Provisions • Automobile mileage will be charged at the current IRS rate, $0.54 per mile as of July 2016. • Consultant support services, such as printing, reproduction, polling, and other direct expenses and other usual and customary out-of-pocket expenses, will be billed at cost. Expenses over $250.00 are subject to review by the City for approval. NOTICES Any and all notices and other communications hereunder shall be in writing and shall be deemed to have been duly given or received when delivered personally or forty-eight (48) hours after being mailed, via first class, postage prepaid, to the addresses set forth immediately below of the parties hereto or to such other addresses as either of the parties hereto may from time to time designate in writing to the other party. Client: VELADA Shannon Yauchzee Chief Executive Officer City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Consultant: David Vela Principal VELADA Consulting LLC 340 N Greenwood Ave Montebello CA, 90640 PROPRIETARY INFORMATION By acceptance of this engagement, Consultant may obtain access to certain confidential information about Client. Such confidential information constitutes valuable, special and unique property of Client. Accordingly, during or after the term of this agreement, Consultant agrees not to make any use or disclosure of such confidential information to any other person for any reason or purpose whatsoever except in furtherance of and pursuant to the purposes for which it is engaged by Client. INDEPENDENT CONTRACTOR Client and Consultant agree that in the performance of the services contemplated herein, Consultant shall be, and is, an independent contractor, and is not an agent or employee of Client. Consultant has and shall retain the right to exercise full control over the employment, direction, compensation and discharge of all persons assisting Consultant. Consultant shall be solely responsible for, and shall hold Client harmless from all matters relating to the payment of Consultant's employees, including VELADA compliance with Social Security, withholding and all other regulations governing such matters. LEGAL USE OF FUNDS Consultant shall make no disbursement or other payments of any kind or character out of the compensation paid to it hereunder, or with any other fund, or take or authorize the taking of any other action, which contravenes any statute or rule, regulation, or order of any jurisdiction, including the State of California. ARBITRATION Any and all disputes between parties hereto in regard to the interpretation of this Agreement or any alleged breaches thereof shall be determined in arbitration in accordance with the rules and under the auspices of the American Arbitration Association under its commercial tribunal rules and procedures. The prevailing party in any such action shall be entitled to reasonable attorney's fees. SCOPE OF AGREEMENT Client and Consultant agree that this Agreement constitutes the entire agreement of the parties and supersedes all prior communications, agreements, and promises, either oral or written. Any modifications to this Agreement shall be effective only when agreed to in writing by both Client and Consultant. If this proposal accurately sets forth our understanding and agreement, please sign where indicated below and return one copy of Agreement to Consultant. AGREED AND ACCEPTED: City of Baldwin Park VELADA Consulting LLC By: xxxxxxxxxxx Title: XXXXXXXXX Date: VELADA By: David Vela Title: Principal Date EXHIBIT A Scope of Services January 25, 2019 With the concurrence of the City of Baldwin Park ("Client"), VELADA Consulting LLC will use its best efforts to perform the following services: 1. Public Information Services 2. Government Relations Services including liaison and representation work with local governments, Los Angeles County, Los Angeles County Metro and the State of California. STAFF REPORT ITEM NO. Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk W-( DATE: February 6, 2019 SUBJECT: Second Reading of Ordinance No. 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" SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1435, which authorizes the City of Baldwin Park to enter into a development agreement with Tier One Consulting for the cultivation and/or manufacturing of cannabis. Ordinance No. 1435 was introduced for first reading during a regular meeting of the City Council on January 16, 2019. RECOMMENDATION Staff recommends that the City Council waive reading and adopt Ordinance No. 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 Not Applicable BACKGROUND Ordinance No. 1435 was introduced for first reading during a regular meeting of the City Council held on January 16, 2019. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1.) Attachment "A" - Ordinance No. 1435 Attachment "A" 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 6th day of February, 2019. PASSED, APPROVED, AND ADOPTED this 6th day of February, 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 February 6, 2019 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK STAFF REPORT ITEM NO. 10 TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk bOt DATE: February 6, 2019 SUBJECT: Second Reading of Ordinance No. 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" SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1436, which authorizes the City of Baldwin Park to amend a previously approved ordinance regulating the business of sidewalk vending as defined by law. Ordinance No. 1436 was introduced for first reading during a regular meeting of the City Council on January 16, 2019. RECOMMENDATION Staff recommends that the City Council waive reading and adopt Ordinance No. 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 Not Applicable BACKGROUND Ordinance No. 1436 was introduced for first reading during a regular meeting of the City Council held on January 16, 2019. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1.) Attachment "A" - Ordinance No. 1436 Attachment "A" 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. VEHICLE. This term shall be defined as in the Vehicle Code of the state and shall include any human -powered device. 2 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. (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 handler 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. (C) Charitable solicitations conducted by or for nonprofit organizations exempt under 26 U.S.C. §501 (c) (3). 4 § 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. (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 5 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. 11 (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 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. (c) The permit history of the applicant for the three-year period immediately preceding the date of the filing of the application, 8 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. N (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 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 6th day of February 6, 2019. PASSED, APPROVED, AND ADOPTED this 6th day of February, 2019. MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELESSS: 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 regular meeting of the City Council on January 16, 2019. Thereafter, said Ordinance No. 1436 was duly approved and adopted at a regular meeting of the City Council on February 6, 2019 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK 14 ITEM NO. 1 STAFF REPORT a�uup,N O�gp.LDh,�� TO: Honorable Mayor and City Councilmembers U HUB F THE 7K FROM: Shannon Yauchzee, Chief Executive Officer. sA"GdaRaeL wAL,LEY DATE: January 31, 2019 ., 'JAW SUBJECT: Amendment to City Attorney Contract SUMMARY This report recommends an amendment to the City Attorney contract to revise the firms name and to increase the hourly billing rate. FISCAL IMPACT There will be little or no fiscal impact as the City Attorney's office is still billing far less than many outside law firms for the same work. Often times the City Attorney is able to work City cases at an hourly rate that is much less then outside specialty firms that range from $300 per hour up to $495. per hour, or more, thus potentially saving the City money. RECOMMENDATION It is recommended that the City Council ratify the amendment to the City Attorney contract for City Attorney services to update the firms name and increase hourly billing rates. BACKGROUND The City Attorney's office has changed its name to Tafoya Law Group. In addition, the City Attorney's rate of service will be increased to bring our City Attorney in line with other communities. There are Cities with lower rates and Cities with higher rates than the City of Baldwin Park. Generally speaking, the current rate of $199 per hour for the City Attorney is below several Cities The City employs Tafoya & Garcia as the contract City Attorney. The new name will be Tafoya Law Group. The firm provides City attorney services as well as in certain special matters such as Litigation; Labor, Land Use, and Public Records Requests. The City Attorney's legal fees are below many other similarly situated firms. During the five years the City Attorney has provided services to the City of Baldwin Park, he has received one increase. The City Attorney currently charges $199 per hour for his firm's services. The City of Covina pays legal services at $275 per hour for partners and $225 per hour for associate work. The City of Claremont's City Attorney's fees are $364 per hour for partners and $286 per hour for associates. Monterey Park pays $200 per hour for City Attorney services. The City of'Carson pays its City Attorney $220 per hour for litigation services. Carson has a retainer and hourly rate for City Attorney services. The City Attorney does not have a monthly retainer and is not requesting one. In addition, the City Attorney's office often handles special litigation cases and has resolved many' such cases and settled them early and at very reasonable and low amounts thus saving the City hundreds of thousands of dollars over the five years' service. The contracts for the Cities mentioned above are available for review upon request. The firm's current hourly rates are: City Attorney $199 and Paralegal $125. The new hourly rates, if approved, would be: City Attorney $219 and Paralegal $137.50. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENT 1.) Amended agreement Attachment 1 Amended Agreement AMENDMENT NO. 3 CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES CITY OF BALDWIN PARK This AMENDMENT NO. 3 - CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES (hereinafter "AMENDMENT") dated February 6, 2019 to the CONTRACT SERVICES AGREEMENT FOR CITY ATTORNEY SERVICES (hereinafter "AGREEMENT") dated December 10, 2013 is entered into by and between TAFOYA & GARCIA, LLP, a California limited liability partnership, who has changed its name to TAFOYA LAW GROUP, APC, a California Professional Corporation (hereinafter "T&G") and the CITY OF BALDWIN PARK, a municipal corporation, and its boards, commissions, Successor Agency to the Community Development Commission, the Housing Successor Agency, the Housing Authority, the Finance Authority, and any other related legal entity or agency (hereinafter, collectively, "CITY"). WHEREAS, the CITY and T&G wish to modify certain terms in the AGREEMENT by adopting this AMENDMENT to the AGREEMENT; and NOW THEREFORE, the CITY and T&G do hereby agree: SECTION 1. Compensation Section 5 shall now read as follows: 5. COMPENSATION City Attorney agrees to provide all standard City Attorney legal services at the following hourly rates: Personnel Rate Attorneys $219.00 Paralegal $137.50 SECTION 3. All other provisions of the AGREEMENT not altered by this AMENDMENT shall be incorporated into this AMENDMENT by reference and shall remain in full force and effect. SECTION 4. This AMENDMENT shall be attached and affixed to the AGREEMENT by the City Clerk or his/her designee. APPROVED this 6th day of February, 2019 by the undersigned: Un Manuel Lozano MAYOR By: Robert N. Tafoya TAFOYA & GARCIA, LLP to be known as TAFOYA LAW GROUP, APC ATTEST: By: Jean M. Ayala CITY CLERK ITEM NO. I TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez rector of Community Development PREPARED BY: Ron Garcia, City Planner% Erika Ramirez, Associate Planner 14/ DATE: February 6, 2019 SUBJECT: A Request to the City Council from the Planning Commission on an Amendment to the Development Agreement 18-14 to Change the Location from 4802 Littlejohn Street to 15010 Arrow Highway, for a Cannabis Cultivation and Manufacturing Facility within the IC, Industrial Commercial Zone Pursuant to Ordinance 1408. (Location: 15010 Arrow Highway; Applicant: VRD Inc.; Case Number: DA -18-14) SUMMARY This report requests Planning Commission consideration of and a recommendation of approval to the City Council on amending Development Agreement 18-14 between the City of Baldwin Park and VRD Inc. to change the location from 4802 Littlejohn Street to 15010 Arrow Highway 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 1437, 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 VRD INC. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 15010 ARROW HIGHWAY (APN 8535-023-011) 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 18-14, 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 18-14 was originally considered by the Planning Commission on April 12, 2018. Planning Commission adopted Resolution 18-08 recommending approval to the City Council of fifteen (15) development agreements for Cannabis facilities, including DA 18-14. City Council adopted Ordinance 1423 on April 18, 2018 to authorize the City of Baldwin Park to enter into a development agreement with VRD Inc. for the cultivation and/or manufacturing of Cannabis at 4802 Littlejohn Street (APN: 8535-023-011) within the City of Baldwin Park. On December 13, 2018, the Planning Division received a change of location application from VRD Inc. to change the location of their approved cannabis permit from 4802 Littlejohn Street to 15010 Arrow Highway. The application included a letter describing the main reasons for the request are improved site suitability, lease terms and conditions. In addition to the letter and Change of Location application, an application fee, a new radius and label package, a revised site plan, a revised floor plan, a revised security plan, a revised neighborhood compatibility plan, a revised air quality plan, an environmental impact plan, a vicinity map, a letter of intent and a copy of the lease were submitted. No change in principals is proposed. The Planning Division conducted the preliminary review of the new proposed site to ensure it complies with the 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 16, 2019 the Planning Commission adopted Resolution 19-03 recommending approval to the City Council to adopt Ordinance 1437 and amend DA 18-14 to change the location from 4802 Littlejohn Street to 15010 Arrow Highway, 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 18-14, "Exhibit A" #2 Ordinance 1437 #3 Revised Informational Table #4 Revised Vicinity Map #5 Findings of Fact #6 Change of Location Application ATTACHMENT #1 REVISED DA 18-14 AMENDED DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND VRD INC. ARTICLE 1. PARTIES AND DATE. This Government Code Amended Statutory Development Agreement ("STATUTORY AGREEMENT") is entered January 23, 2019 for references purposes only and is Case No. 18-14 and is entered into between (i) the City of Baldwin Park ("City"), a California municipal corporation, and (ii) VRD INC. ("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. -2- 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, -3- subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 3.1.13 "Mortgagee" If applicable, means a mortgagee of a mortgage, a beneficiary under a deed of trust or any other security -device lender and its successors - in interest. 3.1.14 "Owner" means VRD, Inc. 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 -4- used for storing any cannabis, no matter where such storage may take place or such storage space may be located. 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 8535-023-011 and is more particularly described as 15010 Arrow Highway, 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 -5- 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. 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 (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: VRD Inc. 4225 Via Arbolada #595 Los Angeles, CA 90042 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. -7- 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 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: IQ (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. IQ 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, Owner shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this STATUTORY AGREEMENT. 4.9 City Records Inspection. Owner acknowledges and agrees that the City is empowered to examine Owner's books and records, including tax returns. The City has the power and authority to examine such books and records at any reasonable time, including but not limited to, during normal business hours. If the City wishes to inspect the areas of the Property where the cannabis is being cultivated or manufactured, City may do so at any time with no prior notice to Owner. In addition, City agrees that all of its employees or agents which enter the cultivation, manufacturing, and curing areas shall follow all of the policies and guidelines imposed on Owner's employees, including without limitation, the wearing of any clothing or equipment to insure that no pests or impurities shall enter the cultivation and curing areas. ARTICLE 5. PUBLIC BENEFITS. 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 $220,000 as a Fee. This fee is calculated based on $10.00 a square foot of permit space and a permit which allows up to 22,000 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 $275,000 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 $330,000. 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 -10- Cannabis permit will expire at the close of the 15th year and will require the Owner to reapply with the City for a new permit. 5.7 Further, Owner will pay a yearly payment of $50,000 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 $50,000 amount will be due at the time the permit is issued. Subsequent annual payments will be due on the permit issuance anniversary date. This payment is due within thirty (30) days of issuance of 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 40 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. -11- 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. 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. -12- 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 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 -13- 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 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 -14- 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 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 -15- 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 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 -16- 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 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 -17- 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, 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 -18- 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 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. -19- 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, 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 IN12 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 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 -21- (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 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. -22- IN WITNESS WHEREOF, the parties hereto have caused this STATUTORY AGREEMENT to be executed as of the dates written above. CITY OF BALDWIN PARK VRD INC. By: Manuel Lozano, Mayor By: ATTEST: By: Ren Yoneyama CEO City Clerk APPROVED AS TO FORM: APPROVED AS TO FORM: By: By: Robert N. Tafoya, City Attorney -23- Legal Counsel for VRD Inc. ATTACHMENT #2 ORDINANCE 1437 ORDINANCE 1437 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 VRD INC. FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 15010 ARROW HIGHWAY (APN 8535-023-011) 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 23, 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 February 6, 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 February 6, 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 18-14) 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 location 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 the location of the cannabis business is located within the I -C, Industrial Commercial Zone, it is anticipated that the use of the property is consistent with the other 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 February 6, 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 6th day of February, 2019, and adopted and ordered published at a regular meeting of said Council on the 6th day of February, 2019. PASSED, APPROVED, AND ADOPTED this 6th day of February, 2019. MANUEL LOZANO 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 February 6, 2019. Thereafter, said Ordinance No. 1437 was duly approved and adopted at a regular meeting of the City Council on February 6, 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 CAN17-28 DA 18-14 REVISED Location 15010 ARROW HIGHWAY APN 8535-023-011 Zoning of Subject Location IC, Industrial Commercial Principal Names Marco Perez and Ren Yoneyama Company Names VRD, Inc. Term of Development Fifteen (15) years from 12/29/17 Aareement June 30 and December 31for year #1 Payment Schedule Quarterly for years #2 through #15—Four equal payments. Year #1--$220,000 Years #2 and #3--$275,000 Payment Amount Years #4 and #5--$330,000—The Mitigation Fee is subject to reassessment by the City every five (5) ears. Floor Area of Buildings 8,168 s.f. per proposed floor plan Employee Requirements At least 40% of the Projects workforce shall consist of residents of the City. ATTACHMENT #4 REVISED VICINITY MAP VICINITY MAP CASE NUMBER: DA 18-14 LOCATION: 15010 Arrow Highway DATE: February 6, 2019 ATTACHMENT #5 REVISED FINDINGS OF FACT DA 18-14 REVISED 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 IC, 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 40% 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 IC, 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. Pursuant to the Community Engagement Plan submitted by the Applicant, VRD, Inc, they plan to form and engage with local partnerships including, but not limited to business organizations, holiday toy drives, and youth DA 18-14 REVISED sports leagues. They are also committed to working with the local high schools in creating an annual scholarship program. They strongly believe in committing to improving and strengthening the community. Furthermore, their security plan includes a variety of camera surveillance systems and manned areas, thereby significantly reducing the potential for any negative impacts upon the general neighborhood or city as a whole. 4) The development agreement is consistent with the provisions of California Government Code §§ 65864 - 65869.5. Pursuant to the City Attorney's Office along with review by the Planning Division Staff, the Development Agreement (Reference Attachments #1 to the Planning Commission and City Council staff reports dated January 23, 2019 and February 6, 2019) is consistent with California Government Code Sections 65864-65869.5. ATTACHMENT #6 CHANGE OF LOCATION APPLICATION CHANGE OF LOCATION REQUEST To: City of Baldwin Park From: Ren Yoneyama VRD Inc. Can 17-28. RE: Change of Location Request To Whom It May Concern: VRD Inc. Is requesting a change in location from 4802 Littlejohn St. to 15010 Arrow Hwy. In order for VRD to become a fully operation successful business in the City of Baldwin Park, we have identified a location that is more suitable to our immediate needs based on lease terms and conditions. The change of location will allow VRD to become operational within the next 3 months as financing for this location is more conducive to our operational needs. If you require additional I information please feel free to contact us. Ren Yoneyama VRD Inc. CANNABIS PERMIT APPLICATION (Amendment) Pagel of 4 CANNABIS PERMIT APPLICATION (Amendment --Location) This application amendment pertains to the update of an existing and approved Cannabis Permit. All fees paid are nonrefundable regardless of outcome. Z� A E wqy Section 127.09 of the City's Municipal Code states that ..."No Licensee is authorized ° by torelgcate to other areas qr ,units= within a building structure without first filing a D JAt�P� change of location application and obtaining approval from the City Council... Due to city, � of ri "cons6din-t's, ApplicaAts are dlrected0 .4"1b scheduie 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 4ccepted. Business Name: V Business Contact (Individual): Rev% iso ✓1 a yo, vin 0, Business Contact Title: C e 0 9.2 .' ' Business Contact Mailing Address: V + O� � t0 ��"CSC t�0: Primary Phone No.: 3,I0 -40- $•�fo4 Emergency Contact Name & Phone No.: E-mail: Permit Being Requested: Please mark all applicable boxes below 'to identify which cannabis operations permits .you are seeking through this Cannabis Permit Application Amendment. A separate application and fee is not necessary for each category type in which you are submitting an application for consideration. One application and application fee suffices for all categories. However, you must include in your application package all the information requested for each category you seek to operate. Neighborhood Compatibility, Air Quality and Safety & Security Plans will be required to be updated to reflect the amendment. Cultivation: Square Footage: Manufacturing: Square Footage: - Li D 7 1 El Distribution: Building Square Footage7� CANNABIS PERMIT APPLICATION (Amendment) Page 2 of 4 Section A: Commercial Cannabis Business Description and Location 1. Proposed Location of Business (include APN's): _/670/0 Arrow 9.0 00/- 0-0 1- 2. 2. Name and Address of Property 3. Name and Address of School Closest to Proposed Location: Fle ©.S (x M A- . Vie w . le- Irv, einA-wr-y . /Y9,00 AWN S-,:. B q CA 5. Description.. of. -neighborhood -arond- the, proposed;- location (be., surrounding uses:; -nearby-sensitive- 0t� uses -such as churches, sehools,*$i1&,.gff:. libr`e'ries) and transit access' fo site. A `'separate sheet may be attached. Required Plan Spbmittais (Plans shall be Orawn: to scale): .......... _...... __... __ ._..... . 1. Sitg_ Plap foreachpotential location, The - Site ._Plan must. be dimensioned and shpinr aFie� en#iF�;parcel, 6Qu: dirfg parking and additionatVaydtdres. fslirlg-€leVcIWRs-i€ ssestr-Ustion--If-eAstiRg4mHdin -submit-phete"hs, en!-itielude--- -- any proposed exterlor 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 fFprp property airspace line to property aiiepabe lin-196n'each plot. However, in the case of .commercigl condominiums, measurement is taken from the airspace property line. -5: Photos -of-the -site and bu+ld+ng(s)-from all. sides/directions.,;- Section _B;, eq-airedS-uppl-emental_Information This information is required for this application amendment to be considered complete. Attach the following reports to-fhe amendment. 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 consideABd. Attach proof of ownership of the site or a signed, executed lendocument will also suffice. 4 Section D: Essential Supplemental Information This information is required and you must* submit thisas 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. E Suitability of security plan: The Applicant's security plan must include the presence of security personnel on premises or patrolling the premises twenty-four (24) hours per day. The Applicant's security plan must demonstrate a method to track and monitor inventory so as to prevent theft or diversion of cannabis. The Applicant's security plan must describe the enclosed, locked facility that will be used to secure or store cannabis when the location is open and the steps taken to ensure cannabis is not visible to the public. The Applicant's security plan must include measures to prevent the diversion of cannabis to persons under the age of twenty-one (21). Anvironmental 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: Date fee received: `` 1IA(g Date application reviewed: Date Proof of ownership was verified: Planning Division El Incomplete Application Complete Application .. ..... ............... . STAFF REPORT ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Lourdes Morales, Chief Deputy City Clerk%,,,/ DATE: February 6, 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 No. 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) Existinq Appointees New Appointees representative: Councilmember Susan_ Rubio (Alternate: Mayor 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 — 4T" Wednesday, 1:30 p.m.; District Office (MEMBERS RECEIVE A STIPEND — YES) Existing Appointees New Appointees Re resentative: *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) Existing Appointees New Appointees 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) New Appointees Representative: Chief of Police Alternate: Mayor 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 Re resentative: 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 — 2"d Thursday of each month; various locations (MEMBERS RECEIVE A STIPEND — NO) Existing Appointees 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) Existing Appointees New Appointees Re resentative: 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) Existing Appointees I New Appointees Representative: *Ma or 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) Existing Appointees New Appointees Re resentative: 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 Re resentative: 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) Existina Appointees I New Appointees Representative: 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 2ND 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 Representative: Councilmember Cruz Baca Alternate: Mayor Pro Tem Monica Barcia New Appointees 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 Representative: Councilmember Cruz Baca Alternate: Mayor Pro Tem Monica Barcia New Appointees 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) — 2nd 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 6t" day of February, 2019. 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 Resolution No. 2019-001 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on February 6, 2019 and that the same was adopted by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK