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2019 07 17
NOTICE AND CALL OF A 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, July 17, 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: July 11, 2019. Manuel Lozano Mayor AFFIDAVIT OF POSTING 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 July 17, 2019. Lourdes Morales, Chief Deputy City Clerk AGENDA BALDWIN PARK CITY COUNCIL SPECIAL MEETING Please note time and meeting JULY 17, 2019 location 5:30 PM CITY HALL - 3r°' Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 H U B O F .... SAN�,CaAE KIEL "o 'V.. E ' 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 WH/LE MEET/NG /S /N PROCESS POR FA VOR DE APA GAR 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 Tern Monica Garcia and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera e/ 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 rcumstances 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 acci6n en alg6n asunto a menos que sea incluido en la agenda, o a menos que exista alg6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y10 fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.2] OPEN SESSION/STUDY SESSION • Housing Options Presentation By Housing Manager Suzie Ruelas RECESS TO CLOSED SESSION 1. Conference with Labor Negotiator Pursuant to Government Code §54957: Agency Designated Representatives: Shannon Yauchzee, Chief Executive Officer, and Robert Tafoya, City Attorney Employee Organizations: Unrepresented Baldwin Park Police Chief 2. Public Employment Appointment Pursuant to Government Code §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: Jason Adams v. City of Baldwin Park Case No. 2:19-cv-00297 Case Name: City of Baldwin Park v. City of Irwindale Case No. BS163400 4. Conference With Legal Counsel—Anticipated Litigation Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): Three (3) 5. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 5018 Lante Street Baldwin Park, CA 91706 Negotiating Parties: City of Baldwin Park and Robert Gray B. Property: 12921 Garvey Avenue (OUTFRONT Billboard) APN 8550-003-042 Negotiating Parties: City of Baldwin Park and Katie Metz C. Property: 14820 Ramona Avenue APN 8437-014-001 Negotiating Parties: City of Baldwin Park and David William and Jani Johanne 6. 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. P. Property: 1529 Virginia Avenue (CAN 18-01) Negotiating Parties: City of Baldwin Park and Erik Intermill, Esource LLC 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 July 17, 2019. ourdes 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 ore-maillmorales@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 1() BALDWIN PARK CITY COUNCIL REGULAR MEETING JULY 17, 2019 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 V"ALIEY t),1,� .. a 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. Council ,re-tn w itte'a i r?, ;,,, c.)f. s. . wF 4, 4.fP 44 t C�F�.:.PZ r'(.T to ii n agenda t Carta .i.f <a a -y t�'F.'+..xeni session, o a .`t;' gull t e at,tig of 4x ..,:: Ci a` Ct.,.0 ci h,-� is da.t fl.ie,o4L`'CX to the Cit Ci.'i.,, i...ir xe.i;. flh ..ate 72 hours,,i,f, i(1t to a. iaC .<,i,`etat tn..i lv`+.a be a'vt iixx t., 4„e fin7 pw3 r'r at � ii .";..`yeti”€.d?..,.i.,, City p s'�2"t.xta� ai,.i��x. ,:ithe City es,t�,iQa�° office at P s{ r-i.tu x .Xwta is Avenue,,.°e.��""t,.'4? nF,..aa.i 4F .��.h,ifa>a �� darx«xSx. hours �iSriear?n1a'y 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 Tern Monica Garcia and Mayor Manuel Lozano REPORT FROM CLOSED SESSION ANNOUNCEMENTS This is to announce, as required by Government Code section 54952.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • None Listed 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 S1 REQUIERE LOS SERVICIOS DEL INTERPRETS No se podra tome acci6n en a1g6n asunto a menos que sea incluido en la agenda, o a menos que exista alg6na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas porpersonas; o 2) Didgir personal a investigarylo fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobiemo §54954.21 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. City of Baldwin Park's Warrants and Demands Staff recommends that the City Council ratify the attached Warrants and Demands Register. 2. Meeting Minutes Staff recommends that the City Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meeting held on June 19, 2019. B. Meeting Minutes of the Regular City Council Meeting held on June 19, 2019. City Council Agenda Page 2 3. Treasurer's Report — May 2019 Staff recommends that Council receive and file the Treasurer's Report for May 2019. 4. Accept and Authorize the Filing of a Notice of Completion — City Project No. 2018- 0221 — Bus Stop Improvements Project Phase II It is recommended that the City Council: 1. Accept the construction improvements by YAKAR General Contractors and authorize the recordation of a Notice of Completion; and 2. Authorize the Director of Finance to appropriate $1,500 from Prop A fund and perform any necessary budget adjustments; and 3. Authorize the payment of $22,255 in retention funds to YAKAR General Contractors upon the expiration of the 35 -day notice period. 5. Approve Memorandum of Understanding with the Los Angeles County Metropolitan Authority to Receive National Transit Database Reporting Funds for Transit Services It is recommended that the City Council approve the attached MOU with the Los Angeles County MTA and authorize the Mayor to execute said agreement. 6. Accept and Authorize the Filing of a Notice of Completion for City Project No. CIP 19-19 — Citywide Sidewalk and Concrete Improvements Project It is recommended that the City Council: 1. Accept the construction improvements by Gentry General Engineering, Inc. and authorize the recordation of a Notice of Completion with the County Clerk; and 2. Authorize the payment of $3,528.18 in retention funds to Gentry General Engineering, Inc. upon the expiration of the 35 -day notice period. 7. Consideration of an Exclusive Negotiation Agreement (ENA) with ROEM Development Corporation for a Proposed Project in Downtown Baldwin Park (Phase 11) Staff recommends the City Council: 1. Approve the proposed ENA with ROEM; and 2. Authorize the Mayor to execute the agreement. 8. Consideration of an Exclusive Negotiation Agreement (ENA) with ROEM Development Corporation for a Proposed Project in Downtown Baldwin Park (Phase 111) Staff recommends the City Council: 1. Approve the proposed ENA with ROEM; and 2. Authorize the Mayor to execute the agreement. 9. Consideration of an Exclusive Negotiation Agreement (ENA) with the RHF Foundation, Inc. for a Proposed Project in Downtown Baldwin Park Staff recommends the City Council: 1. Approve the proposed ENA with the RHFFI; and 2. Authorize the Mayor to execute the agreement. City Council Agenda Page 3 10. Consideration of an Exclusive Negotiation Agreement (ENA) with Olson Urban Housing, LLC for a Proposed Project in Downtown Baldwin Park Staff recommends the City Council: 1. Approve the proposed ENA with the Olson Company; and 2. Authorize the Mayor to execute the agreement. 11. Waive Formal Bid Procedures for the Purchase of Janitorial Supplies Through the National Intergovernmental Purchasing Alliance Staff recommends that the City Council: 1. Find (i) that it would be uneconomical to follow purchasing procedures since the supplies are available through an existing contract with the State and (ii) State previously completed the bidding process and (iii) that the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34 section 37 (A); and 2. Approve the procurement of janitorial supplies from Waxie Sanitary Supply; and 3. Authorize Recreation and Community Services Director to award the contract on a yearly basis, but not to exceed three (3) years as long as vendor continues to offer State pricing; and 4. Authorize Recreation and Community Services Director to expend $27,000 from Account 100-60-620-53100-00000 and $27,000 from 252-60-620-53100-00000 for a total of $54,000. 12. Approval of Addendum for HVAC Maintenance Service Agreement with Honeywell Building Solutions Staff recommends that the City Council: 1. Approve Addendum; and 2. Authorize the Mayor to execute the Addendum. 13. Second Reading of Ordinance No. 1440 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 ESource LLC for the Cultivation and/or Manufacturing of Cannabis at the Real Property Located at 5129 Virginia Avenue (APN 8558-032-031) Within the City of Baldwin Park." Staff recommends that the City Council waive reading and adopt Ordinance No. 1440, 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 ESOURCE LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 5129 VIRGINIA AVENUE (APN 8558-032-031) WITHIN THE CITY OF BALDWIN PARK". 14. Ratify the Retention of Attorney Services It is recommended the City Council: 1. Ratify the retention of Leal Trejo APC; and 2. Direct the City Attorney to draft a standard retention agreement with this firm; and 3. Authorize the Mayor and City Clerk to execute said agreement approved as to form by the City Attorney. 15. Approval of Annual Statement of Investment Policy for Fiscal Year 2019-20 Staff recommends that the City Council receive and file the attached Statement of Investment Policy for Fiscal Year 2019-20. City Council Agenda Page 4 16.Adopt Resolution No. 2019-035 Setting the Appropriations Limit for Fiscal Year 2019-20 Staff recommends that the City Council Adopt Resolution No. 2019-035 setting the Appropriations Limit for Fiscal Year 2019-20 at $81,380,392. CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Registers. SA -2 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — May 2019 Staff recommends that Council receive and file the Treasurer's Report for May 2019. PUBLIC HEARING 17.Joint Update of the City of Baldwin Park and Baldwin Park Housing Authority City - Wide Fee Schedule Based On Consumer Price Index (CPI) And Other Adjustments Staff recommends that the City Council approve the proposed updated City -Wide Fee Schedule and corresponding Resolution Number's CC 2019-034 and HA 2019-003. 18.A Request for Consideration of and a Recommendation of Approval from the Planning Commission to the City Council on a Development Plan to Facilitate the Construction of New 4,018 -Square Foot Drive -Through Restaurant, a Conditional Use Permit for the Operation of a Drive -Through Restaurant (Raising Cane's), and Tentative Parcel Map to Subdivide an Existing 9.19 -Acre Lot (Target Center) into Two Lots as Follows: Parcel 1 (359,641 sq. ft.) and Parcel 2 (40,810 sq. ft.). (Location: 3100 Baldwin Park Blvd; Applicant: Ruben Gonzalez; Case Number: DP -18-85, TPM -1440, and CP -879) Staff recommends that the City hold a Public Hearing and adopt Resolution No. 2019- 036 approving Development Plan 18-85, Conditional Use Permit 879, and Tentative Parcel Map 1440. REPORTS OF OFFICERS 19. Review of Commission Applications and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions Staff Recommends City Council review all commission applications and make respective appointments. CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS None Listed ADJOURNMENT City Council Agenda Page 5 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 11th day of July, 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 Imorales@baldwinpark.com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE II) City Council Agenda Page 6 SUMMARY ITEM NO. L TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: July 17, 2019 SUBJECT: City of Baldwin Park's Warrants and Demands Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. FISCAL IMPACT The payrolls for the last periods were $1,080,435.47 and the attached General Warrants Register was $2,213,736.14 for a total amount of $3,294,171.61. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The last payrolls of the City of Baldwin Park consist of check numbers 200318 to 200384. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 14620 to 15173 for the period of June 2, 2019 through June 29, 2019, inclusive; these are presented and hereby ratified in the amount of $1,080,435.47. 2. General Warrants, with the bank drafts in the amount of $278,123.15 and checks from 224640 to 225118 in the amount of $1,935,612.99 for the period June 10, 2019 to July 8, 2019, inclusive; in the total amount of $2,213,736.14 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 Approval Report 0 c� N CL O Z co ii m i O) N 0 O L^ � rCL O aO 0 L ^H NNC i C /�/� CL m X W U N m W M Vl c -I to t` M N M llf V V1 M I� O N M n rl O C 1� 1\ .-I •i W CD cq cq CG M N N N OO O M ol O O Ql V Ol Qj Vl N l0 N Vl 01 O N N W V uj N a N N Ol C O l!1 N ei rl V rl O [Y M V1 l/1 l!I t0 tD M N N 00 00 00 l/1 N M O d' Q1 N 00 M M m O N N •^-I Ol m N m N .� N u1 m m 01 m N O. 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RECOMMENDATION Staff recommends that the City Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meeting held on June 19, 2019. B. Meeting Minutes of the Regular City Council Meeting held on June 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 June 19, 2019 2. Regular Meeting Minutes of June 19, 2019 Attachment 1 Special Minutes 6/19/19 MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING June 19, 2019, 5:30 P.M. 31d Floor Conference Room 307 -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order at 5:39 pm by Mayor Lozano. ROLL CALL PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez arrived at 5:40 pm. Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 5:39 pm. Seeing no one wishing to speak, Mayor Lozano closed Public Communications at 5:40 pm. OPEN SESSION 1. Proposed Housing Development Presentation Roem Development Presentation by Director of Community Development Ben Martinez Mr. Martinez introduced the projects and stated these presentations were just a concept and would be bring back four exclusive negotiation agreements in the second meeting of July for approval to meet the needs of low income families, seniors, and families with specific needs. Mr. Martinez expressed it was essential to have an experienced team working on these types of projects due to the strict regulations in funding these types of developments. 2. Proposed Housing Development Presentation - Olsen Company Presentation by Director of Community Development Ben Martinez Mr. Martinez explained this particular project would involve building quality market rate town homes and single family homes. Discussion was held regarding parking possibilities such as closing off a street or assigning angled parking. Additionally, conversation was held pertaining to mixed use space and whether low income families would benefit from this development. 3. Retirement Housing Foundation Presentation by Director of Community Development Ben Martinez Special Meeting of 06/19/19 Page 1 of 4 Mr. Martinez stated units in the city had been acquired by the developer to build affordable senior housing with a panel of experts who have undergone this process before and were experienced in attaining funding. Requests by Council were provided to the Director of Community Development, such as, ensuring rents were not raised and giving preference to Baldwin Park residents and suggested the City conduct outreach to the Baldwin Park Unified School District who could assist in informing the students' families. The City Council recessed into closed session at 6:13 p.m. RECESS TO CLOSED SESSION 4. 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: Jason Adams v. City of Baldwin Park Case No. 2:19-cv-00297 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) 6. Real Property Negotiations Pursuant to Government Code §54956.8: A. Property: 5018 Lante Street Baldwin Park, CA 91706 Negotiating Parties: City of Baldwin Park and Robert Gray B. Property: 12921 Garvey Avenue (OUTFRONT Billboard) APN 8550-003-042 Negotiating Parties: City of Baldwin Park and Katie Metz C. Property: 14820 Ramona Avenue APN 8437-014-001 Negotiating Parties: City of Baldwin Park and David William and Jani Johanne 7. 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) Special Meeting of 06/19/19 Page 2 of 4 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) Special Meeting of 06/19/19 Page 3 of 4 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. P. Property: 1529 Virginia Avenue (CAN 18-01) Negotiating Parties: City of Baldwin Park and Erik Intermill, Esource LLC The City Council reconvened into open session at 6:35 p.m. REPORT ON CLOSED SESSION* Mayor Lozano announced no reportable action was taken. ADJOURNMENT There being no further business, motion was made by Mayor Lozano, seconded by Council Member Hernandez, to adjourn the meeting at 7:12 p.m. Manuel Lozano, Mayor ATTEST: Jean M. Ayala, City Clerk APPROVED: Special Meeting of 06/19/19 Page 4 of 4 Attachment 2 Regular Minutes 6/19/19 MINUTES BALDWIN PARK CITY COUNCIL REGULAR MEETING June 19, 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 7:12 p.m. INVOCATION The invocation was provided by Pastor Jackson. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Mayor Lozano. ROLL CALL MEMBERS PRESENT: Council Member Alejandra Avila Council Member Paul C. Hernandez Council Member Ricardo Pacheco Mayor Pro Tem Monica Garcia Mayor Manuel Lozano MOTION: it was moved by Mayor Lozano, seconded by Council Member Pacheco to excuse City Treasurer Contreras for the meeting. REPORT ON CLOSED SESSION Mayor Lozano requested to adjourn the meeting in memory of a student and on former Mayor of Baldwin Park Jack White. Additionally, Council Member Hernandez requested the meeting be closed in memory of Los Angeles Sheriff Deputy Joseph Solano. ANNOUNCEMENTS Mayor Lozano announced, as required by Government Code section 54952.3, members of the City Council are also members of the Board of Directors of the Housing Authority and Finance Authority, which are concurrently convening with the City Council this evening and each Council Member is paid an additional stipend of $30 for attending the Housing Authority meeting and $50 for attending the Finance Authority meeting. PROCLAMATIONS, COMMENDATIONS & PRESENTATIONS • Introduction of Code Enforcement Supervisor Jose Martinez by Mayor Lozano Mayor Lozano introduced Jose Martinez as the new Code Enforcement Supervisor and congratulated him on his new position. • Proclamation for Public Works Week read by Mayor Pro Tem Garcia The City Council congratulated Public Works and commended them for a great job. • State of the District and Local Water Supply Update Presentation by Patty Cortez, Director of Government and Community Affairs from USGVMWD — Presentation was given by Tom Luv where he expressed the need to continue water conservation efforts and provided an overview of water supply reliability. Mr. Love stated that although this year was a good rain year and would amount to a reserve in water, the community needed to be mindful of their water usage. Mayor Lozano requested the information be placed in the City's newsletter. Additionally, Council Member Pacheco asked whether they would consider desalination districts in the future. Mr. Love stated they were exploring the possibility, although, this route would be costlier. • United Way's Everyone In Campaign Housing Strategies Presentation by Beatriz Sandoval and Gabriela Garcia Ms. Sandoval thanked the City Council for the opportunity to present and stated they were a non-profit organization for the homeless who had joined forces with Senator Susan Rubio and Assemblywoman Blanca Rubio. Ms. Sandoval commented on efforts to gain Council's support and work alongside to combat the homelessness crisis and assist families in need. Council Member Pacheco thanked them for a great presentation and for their supporters and stated he was committed to working with their organization and staff. Council Member Avila also thanked the presenters and added it was heartbreaking to see homeless families and stated that as a community they need to unite and work together to find a solution. Mayor Lozano thanked Ms. Sandoval and commented on efforts from measure H funding, requested information be posted in the City's newsletter and ensure affordable housing remained affordable. Mayor Pro Tem Garcia thanked Beatriz Sandoval for her presentation and for being advocates of the community. PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications at 8:07 p.m. and noted that each speaker was permitted a total of three (3) minutes to speak. Regular Meeting of 06/19 /19 Page 2 of 11 Mark Flores invited everyone to an event this upcoming Saturday and thanked the City Council and members for their support. Mr. Luna commented on the accusations in the news and stated employees and representatives should be required to live in the city. Mr. Luna commented on the taxation of residents. Kevin Rooney spoke on behalf of his neighbor who has an issue with uprooted trees and expressed concerns pertaining to the size of the street on Maine and Hallwood. Mr. Rooney stated he wanted to ensure fire engines could navigate with ease in case of an emergency. Additionally, Mr. Rooney commented on the 7 million dollar settlement. Jose Martinez General Manager of the Valley County Water District, stated the drought was not over and emphasized the need to conserve water. Natalia Chavez opposed the proposed Planned Parenthood clinic and stated it was a lucrative business rather than a health facility. Sofia Lara, longtime resident also spoke in opposition of the proposed Planned Parenthood clinic. Christina Larios announced that LA County Library had been named 2019 library of the year. Additionally, Ms. Larios announced she had accepted a promotion with the Los Angeles County Library and thanked the City Council for their support. Tonia Rios commented on anti -immigrant actions conveyed by President Trump and inquired how the City was preparing in response to these attacks. Mr. Rios commented on the high cost of attorney fees; allegations concerning Council Member Pacheco's affiliation with members of the Water Board; ongoing lawsuits; concerns regarding the supervision of the Police Department; complaints against Public Works and late response with bulky item pick-up. Maria Delgado expressed concerns related to accidents near her home due to the lack of signage. Mario Maciel Planning Commissioner stated he hoped to be reelected for planning commission and spoke on the increased rentals for the Metro link apartments. Mr. Maciel expressed concern for community members who had been sharing this information with him. Furthermore, Mario Maciel asked Sam to drive through the corner of Los Angeles and Center with an open ditch. Mayor Lozano closed public communications at 8:37 p.m. Mayor Lozano stated the City's insurance would cover $300,000 of the Lily Hadsell lawsuit and the 1 million dollars from the City's budget. Mayor Lozano informed the Regular Meeting of 06/19 /19 Page 3 of 11 public that the lawsuit was currently being appealed. Mayor Pro Tem Garcia stated she opposed the firing of Lily Hadsell and did not support the termination. Council Member Pacheco commented on towing issues with the community while under the supervision of former Police Chief Hadsell and concerns regarding the judge's denial to allow certain people to testify or provide additional evidence. Council Member Avila stated she was grateful to move forward and hoped the appeal went well. Council Member Hernandez commented on the impact 1 million dollars would have made in the community for police, seniors, and/or the homeless efforts and hoped the decisions made in the past were considered while making future ones. Mayor Lozano requested Public Works look into the matter brought forth by Mr. Rooney and meet with the Fire Department to ensure the streets were fitted for a fire engine. Mayor Lozano congratulated Christina Larios on her promotion and commented that the city did not have the right to deny a Planned Parenthood clinic from operating in the city, but would continue to provide updates to the community. Additionally, Mayor Lozano spoke in opposition of President Trump's anti -immigration policies and in favor of immigrant workers. Avila thanked everyone who expressed their concerns. Council Member Pacheco requested a full report back on affordable housing and on the Roem balconies flooding. Mayor Pro Tem Garcia also requested a report back regarding the Metro link apartments. CONSENT CALENDAR All items listed under the consent calendar are considered to be routine business by the Council Members and were approved with one motion. City Council Members pulled Item No.'s 9 and 15 from the Consent Calendar for separate consideration. Chief Executive Office provided clarification on Item No. 6, recommendation 2, to approve a new job description rather than a new position. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to approve the Consent Calendar with the exception of Item No.'s 9 and 15. Motion carried by unanimous consent. 1. Warrants and Demands The City Council ratified the attached Warrants and Demands Register. 2. Meeting Minutes The City Council received and filed the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meetings held on May 15, 2019. B. Meeting Minutes of the Regular City Council Meetings held on May 15, 2019. Regular Meeting of 06/19 /19 Page 4 of 11 3. Treasurer's Report — April 2019 The City Council received and filed the Treasurer's Report for April 2019. 4. Rejection of Claims The City Council rejected the following claim(s) and directed staff to send appropriate notice of rejection to claimant(s): MuniTemps The claimant is alleging breach of contract. Alliance of School for The claimant is alleging vehicle damage. Cooperative Insurance 5. Consolidation of the City's 457 (B) Plan Record -Keeping Platforms from Two Different Providers to a Single Record -Keeping Platform with MassMutual The City Council approved Resolution 2019-025 for the consolidation of the current two 457 (b) deferred compensation plan record keepers to a single record-keeping platform with MassMutual with a tentative effective date of September 16, 2019; and authorized the Chief Executive Officer, as the City's Plan Administrator, to execute the necessary agreements in a form acceptable and approved as to form by the City Attorney. 6. Ratify and Adopt a Resolution to Approve Updates to the City of Baldwin Park Comprehensive Pay Schedule In Accordance with Cal PERS Established Guidelines; and Update the City of Baldwin Park Job Classification Plan to include a New Position of Payroll Specialist, and Revise the Class Specification of Personnel Technician The City Council approved, ratified and adopted Resolution No. 2019-028 approving the updated Comprehensive Pay Schedule which reflects the 2% COLA; and other salary adjustments, effective July 1, 2019; and Resolution No. 2019-029 approving the City of Baldwin Park's Job Classification Plan to include one new position of Payroll Specialist and a revised class specification for Personnel Technician. 7. Approve Industrial Disability Retirement (IDR) Claim for James R. Kolbach and Gary D. Breceda The City Council approved, ratified and adopted Resolution No. 2019-030 approving an Industrial Disability Retirement for James R. Kolbach and Gary D. Breceda; and authorized the Chief Executive Officer, to certify such disability and execute all necessary documents to the Public Employee's Retirement System. 8. Approval of Consultant Services Agreement Between the City of Baldwin Park, the Baldwin Park Housing Authority and MDG Associates, Inc. The City Council approved the Consultant Services Agreement between the City of Baldwin Park and MDG Associates, Inc. for the development of a FY 2020 - Regular Meeting of 06/19 /19 Page 5 of 11 2024 Five Year Consolidated Plan and FY 2020-2021 Annual Plan, and FY 2020-2024 Analysis of Impediment to Fair Housing Study (AI). 9. Approval of Funds Transfer and Appropriation of Additional Funds for the Baldwin Park Transit Services Dial -A -Ride and Trolley Programs (Pulled from the Consent Calendar) Council Member Pacheco requested further clarification on the source of funding as it had been previously stated that the funds were inadvertently placed in another account. Director of Public Works Sam Gutierrez clarified the funding was pulled from the appropriate account, which was the transportation account and were just delineating the service type for tracking and reporting purposes. Additionally, Council Member Pacheco inquired whether certificates would be offered for Uber or Lyft. Mr. Gutierrez stated they would look into the matter. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to authorize the Finance Director to transfer and appropriate the available fund from Acct. #244-50-580-51100-15525 in the amount of $165,000 to Acct. # 244- 50-580-51100-15520 and in the amount of $46,000 to Acct. # 244-50-580-51100- 15508 to cover Dial -A -Ride and Trolley services for the remaining fiscal year 2018-19. Motion carried by unanimous consent. 10. Renewal of Agreement with All City Management Services for Providing School Crossing Guard Services for Fiscal Year 2019-2020 The City Council approved the contract with ACMS for crossing guard services and authorized the Mayor to execute the agreement to continue contract services with ACMS. 11. Approval of Use Agreement with the County of Los Angeles for Construction and Maintenance of the San Gabriel River Class 1 Commuter Bikeway in Exchange for the Use of County Right -of -Way The City Council approved the Use Agreement with the County of Los Angeles in exchange for the use of County right-of-way for the construction and maintenance of the San Gabriel Commuter Bikeway and authorized the Mayor to execute the agreement. 12. Approval of Final Tract Map No. 73992 to Subdivide One (1) Lot into Eight (8) Residential Lots The City Council accepted the Final Tract Map 73992 and authorized the City Clerk, City Treasurer and staff to sign the Final Tract Map. 13. Adopt Resolution No. 2019-032 entitled, "A Resolution of the City Council of the City of Baldwin Park, California, Approving the Application for Grant Funds for the California Drought, Water, Parks, Climate, Coastal Protection, Regular Meeting of 06/19 /19 Page 6 of 11 and Outdoor Access for All Act of 2018 (Proposition 68) for the Big Dalton Wash Trails Park Project" The City Council adopted Resolution No. 2019-032 entitled "A Resolution of the City Council of the City of Baldwin Park, California, approving the application for grant funds for the California Drought, Water, Parks, Climate, Coastal Protection, and Outdoor Access for All Act of 2018 (Proposition 68) for the Big Dalton Wash Trails Park Project"; and authorized the Director of Recreation and Community Services to execute any further documents. 14. Approval of a 3 -Party Agreement between Terry A. Hayes Associates Inc. (TAHA) and the City of Baldwin Park for CEQA Related Services for a Proposed Two (2) Story, 10,345 S.F. Industrial Commercial Building at 13127 Garvey Avenue The City Council approved the 3 -party Agreement with Terry A. Associates Inc. in the amount of $72,091.13 for environmental consulting services and authorize the Mayor to execute the Agreement. 15. Re -approval of amendment to the Area D Mutual Aid Joint Powers Authority Agreement (Pulled for Separate Consideration) Council Member Hernandez commented on the collaborative efforts this Joint Powers would bring forth for emergency preparedness operations with other surrounding cities in the San Gabriel Valley. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to reapproved the existing amendment and authorized the Chief Executive Officer and Mayor to re -execute the agreement. Motion carried by unanimous consent. 16. Adoption of Resolution No. 2019-031 In support of Balanced Energy Solution and Local Choice The City Council adopted Resolution No. 2019-031 — "A Resolution of the City Council of the City of Baldwin Park, California, Supporting Balanced Energy Solutions and Local Choice". 17. Authorize Purchase of Police Patrol Vehicle The City Council approved to waive the formal bidding process pursuant to §34.37 of the Baldwin Park Municipal Code on one vehicle, as existing cooperative purchasing contracts already exist with other governmental agencies; and waived the formal bidding process for the purchase and installation of the emergency equipment pursuant to §34.23 (C); and authorized the Police Department to purchase the new vehicle and equipment through existing contracts; joining in the cooperative purchasing contracts, or through procedures outlined above; and directed the Finance Department staff to remove the totaled vehicle from the fixed assets record and record the insurance claim and the new vehicle purchase; and authorized the Chief of Police, or his designee, to complete all appropriate documentation to complete the purchases. Regular Meeting of 06/19 /19 Page 7 of 11 CITY COUNCIL ACTING AS SUCCESSOR AGENCY OF THE DISSOLVED COMMUNITY DEVELOPMENT COMMISSION CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to approve the Consent Calendar. Motion carried by unanimous consent. SA -1 Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park Treasurer's Report — April 2019 The City Council received and filed the Treasurer's Report for April 2019. PUBLIC HEARING 18. Adoption of the Budget for Fiscal Year 2019-20 for the City, Finance Authority, Municipal Financing Authority, Housing Authority, and Successor Agency Council Member Hernandez thanked the Police Department, staff, Shannon and Rose for the increase police presence while balancing the budget. Council Member Pacheco commended Director of Finance Rose Tam for an outstanding job. Mayor Lozano opened the Public Hearing at 8:57 pm. Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 8:58 pm. MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to approve the Fiscal Year 2019-20 Budget for the City of Baldwin Park by Resolution No. 2019-033, for the Finance Authority by Resolution No. FA 2019- 001, for the Municipal Financing Authority by Resolution No. MFA 2019-001, for the Housing Authority by Resolution No. HA 2019-002, and for the Successor Agency by Resolution No. SA 2019-001. Motion carried by unanimous consent. 19. A Resolution of the City Council of the City of Baldwin Park Confirming the Advisory Committee's Report and Levying the Assessment in the Baldwin Park Citywide Business Improvement District for Fiscal Year 2019-20 Mayor Lozano opened the Public Hearing at 9:01 pm. Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 9:01 pm. Regular Meeting of 06/19 /19 Page 8 of 11 MOTION: It was moved by Mayor Lozano, seconded by Council Member Avila to approve the FY 2019-20 BIT budget allocation; and approved Resolution No.2019-024, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CONFIRMING THE ADVISORY COMMITTEE'S REPORT AND LEVYING THE ASSESSMENT IN THE BALDWIN PARK CITYWIDE BUSINESS IMPROVEMENT DISTRICT FOR FISCAL YEAR 2019-2020". Motion carried by unanimous consent. 20. Public Hearing and Adoption of Resolution No. 2019-026, Ordering the Assessments for the Citywide Landscaping and Lighting Maintenance Assessment District for FY2019-2020 Mayor Lozano opened the Public Hearing at 9:02 pm. Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 9:02 pm. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to adopt Resolution No. 2019-026, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with Citywide Landscaping and Lighting Maintenance Assessment District for FY2019-2020, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills". Motion carried by unanimous consent. 21. Public Hearing and Adoption of Resolution No. 2019-027, Ordering the Assessments for the Citywide Park Maintenance District for FY2019-2020 Mayor Lozano opened the Public Hearing at 9:03 pm. Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 9:03 pm. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco to adopt Resolution No. 2019-027 entitled "A Resolution of the City Council of the City of Baldwin Park, California, Ordering the Annual Levy and Collection of Assessment Associated with the Citywide Park Maintenance Assessment District for FY2019-2020, and Authorizing the Los Angeles County Assessor to Add this Special Assessment to the Property Tax Bills". Motion carried by unanimous consent. 22. Fiscal Year 2019-2020 Community Development Block Grant (CDBG) and HOME Investment Partnership Fund (HOME) Annual Action Plan Mayor Lozano opened the Public Hearing at 9:04 pm. Regular Meeting of 06/19 /19 Page 9 of 11 Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 9:04 pm. MOTION: It was moved by Mayor Lozano, seconded by Council Member Pacheco approve the CDBG and HOME FY 2019-2020 Annual Action Plan, including all FY 2019-2020 CDBG and HOME programs and project funding. Motion carried by unanimous consent. 23. A Request to the City Council from the Planning Commission to Approve Development Agreement 19-01 to Grant a Cannabis Permit for a New Manufacturing and/or Cultivation Facility within the IC, Industrial Commercial Zone Pursuant to Ordinance 1408. (Location: 1529 Virginia Avenue; Applicant: ESource LLC.; Case Number: DA 19-01) The City Council held a Public Hearing and Introduced for first reading, by title only, Ordinance 1440, 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 ESOURCE LLC FOR THE CULTIVIATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 5129 VIRGINIA AVENUE (APN 8558-032-031) WITHIN THE CITY OF BALDWIN PARK". Mayor Lozano opened the Public Hearing at 9:05 pm. Seeing no one wishing to speak, Mayor Lozano closed the Public Hearing at 9:05 pm. MOTION: It was moved by Mayor Lozano, seconded by Council Member Avila to Introduced for first reading, by title only, Ordinance 1440, 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 ESOURCE LLC FOR THE CULTIVIATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 5129 VIRGINIA AVENUE (APN 8558-032-031) WITHIN THE CITY OF BALDWIN PARK". Motion carried by unanimous consent. REPORTS OF OFFICERS 24. Review of Commission Applicants and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning and Recreation Commissions MOTION: It was moved by Mayor Lozano, seconded by Mayor Pro Tem Garcia to bring this item back for Council's consideration at the next meeting. Motion carried by unanimous consent. Regular Meeting of 06/19 /19 Page 10 of 11 CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF REQUESTS & COMMUNICATIONS Request by Council Member Ricardo Pacheco for City Council Discussion and Direction to Staff by way of a Motion on the Following: Council Member Ricardo Pacheco would like discussion and provide direction to staff to draft a letter to Caltrans and the State representatives for the Mayor and Council's signatures, expressing displeasure in the continued delays in the construction of the Interstate 10 near Puente. Furthermore, Caltrans has not been responsive in responding to staff requests to discuss and resolve issues pertaining to sound walls harming businesses and remainder properties that Caltrans should rightfully dispose of. The delays are harming businesses in our already disadvantaged community. Council Member Pacheco requested staff draft a letter their state representatives to address concerns with Caltrans and cleanup efforts. Additionally, Council Member Pacheco requested Public Works conduct an assessment of all county properties and report back on how well they were maintained. Council Member Avila requested staff also make note of the bridge that connects the City to EI Monte along Ramona Boulevard to address dangerous lanes. ADJOURNMENT There being no other business to discuss, and all other matters having been addressed, a motion was made by Mayor Lozano, seconded by Council Member Pacheco, to adjourn the meeting at 9:10 p.m. Mayor: ATTEST: Manuel Lozano, Mayor Jean M. Ayala, City Clerk APPROVED: Regular Meeting of 06/19 /19 Page 11 of 11 ITEM NO. ,., TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance DATE: July 17, 2019 SUBJECT: Treasurer's Report — May 2019 SUMMARY Attached is the Treasurer's Report for the month of May 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for May 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurers Report CITY OF BALDWIN PARK TREASURER'S REPORT 5/3112019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City Checking 1,832,837.48 Money Market Plus 132,906.68 City Miscellaneous Cash 83,431.03 City -Including General Fund & all other Special Revenue Funds 2.45% Varies Varies $ 34,087,070.18 $ 34,087,070.18 $ 34,087,070.18 $ 34,087,070.18 Housing Authority 2.45% Varies Varies 13,665.34 13,655.34 13,655.34 13,666.34 34,100,726.52 34,100,725.52 34,100,725.52 34,100,725.52 Certificate of Deposit Citibank National Association (Mutual Securities) 2.65% 1/25/2019 1/25/2021 250,000.00 260,000.00 250,000.00 250,667.60 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 260,000.00 250,000.00 250,000.00 249,717.50 Sallie Mae Bk SLT Lake City UT (Mutual Securities) 2.26% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,000.00 249,717.60 Morgan Stanley Bank N A Utah (Cantella) 2.64% 4/19/2018 4/20/2020 250,000.00 250,000.00 250,000.00 260,452.50 Barclays Bank Del(Cantella) 3.05% 12119/2018 12/21/2020 250,000.00 260,000.00 250,000.00 262,167.50 1,250,000.00 1,260,000.00 1,260,000.00 1,262,722.60 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 8,177,789.37 8,177,789.37 8,177,789.37 8,177,789.37 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund: Varies Varies Varies 1,908,596.06 1,908,596.06 1,908,696.06 1,908,596.06 10,086,385.43 10,086,385.43 10,086,386.43 10,086,385.43 $ 46,437,110.95 $ 46,439,833.45 45,437,110.95 S 46,437,110.96 $ Total Investments $ 45,437,110.95 Cash with Bank of the West City Checking 1,832,837.48 Money Market Plus 132,906.68 City Miscellaneous Cash 83,431.03 Successor Agency 390,663.06 Housing Authority 189,196.84 Financing Authority 11,700.00 Investment Brokerage 55.64 Total Cash with Bank of the West 2,640,790,73 Total Cash and Investments $ 48,077,901.68 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. * There was no Investment maturity/purchase transactions made for the month of May 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the Califom(a Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are In compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance ITEM NO. TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Works DATE: July 17, 2019�]/ p 9 SUBJECT: Accept and Authorize the Filing of a Notice of Completion — City Project No. 2018-0221 — Bus Stop Improvements Project Phase 11 SUMMARY This item will accept the work completed for City Project No. 2018-0221 — Bus Stop Improvements Project Phase II, close the contract, and authorize the filing of a Notice of Completion with the County Clerk. The project furnished improvements to twenty-eight (28) bus stop locations within the City of Baldwin Park bus route network, which included the newly adopted shelter design with solar powered lighting and new trash receptacles. RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements by YAKAR General Contractors and authorize the recordation of a Notice of Completion; 2. Authorize the Director of Finance to appropriate $1,500 from Prop A fund and perform any necessary budget adjustments; and 3. Authorize the payment of $22,255 in retention funds to YAKAR General Contractors upon the expiration of the 35 -day notice period. FISCAL IMPACT There is no impact to the general fund. The following table lists the funds available for the project which is listed in FY 2017/2018. Construction Contract $443,600 Additional Work $1,500 Total Construction Costs $445,100 BACKGROUND On August 2, 2017 the City Council approved the FY 2017/2018 CIP Budget, which included funding appropriations for bus stop improvements within the City's bus route network. The funding, comprised of Local Return Prop A, Prop C funds, as well as, a Foothill Transit Grant was not sufficient to enhance all of the City's bus stops at one time. So, due to the budget constraints, the project was divided into several phases as necessary until all of the City's bus stops are enhanced. The first phase, completed in 2018, furnished improvements to twenty-one (21) bus stop locations and included newly redesigned $194,000 $249,600 FY 2017/18 Prop A — Fund #244 Prop C — Fund #245 Appropriate Measure M — Fund # 255-50-580-58100-15547 $ 1,500 Total Available Funds $445,100 Construction Contract $443,600 Additional Work $1,500 Total Construction Costs $445,100 BACKGROUND On August 2, 2017 the City Council approved the FY 2017/2018 CIP Budget, which included funding appropriations for bus stop improvements within the City's bus route network. The funding, comprised of Local Return Prop A, Prop C funds, as well as, a Foothill Transit Grant was not sufficient to enhance all of the City's bus stops at one time. So, due to the budget constraints, the project was divided into several phases as necessary until all of the City's bus stops are enhanced. The first phase, completed in 2018, furnished improvements to twenty-one (21) bus stop locations and included newly redesigned shelters, trash cans, solar trash compactors and minor concrete improvements for meeting ADA standards. This report requests consideration for acceptance of the second phase (Phase II) which furnished an additional twenty-eight (28) new shelters to the City of Baldwin Park bus route network. The next phase will be added to the proposed FY2019-20 CIP budget. DISCUSSION On April 19, 2018 a total of three (3) bids were received and checked for errors. All were determined for to be valid. The lowest responsive and responsible bid was from YAKAR General Contractors, Inc. However, the lowest bid exceeded the budgeted amount for this project. A reduction in scope of work was negotiated. On June 20, 2018 City Council awarded the contract to YAKAR General Contractors Inc. for the amount of $443,600. The project consisted of improvements to twenty-eight (28) bus stop locations within the City of Baldwin Park bus route network. This project included the newly adopted shelter design with solar powered lighting and new trash receptacles installed in Phase I. This is the second phase (Phase II) of the Bus Shelter Improvement Project. The final construction cost of the project is $445,100 which includes $1,500 in additional work for the removal of an existing bus shelter. 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 for the Citv of Baldwin Park and was ACCEPTED by City Council on APN: NSA NOTICE OF COMPLETION N(MCE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: Project No. 2018-0221 Bus Stop Improvements Project Phase II for the City of Baldwin Park and was ACCEPTED by City Council on July 17, 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 S. A work of improvement on the property hereinafter described was COMPLETED on June 21, 2019 6. The work of improvement completed is described as follows: Bus Stop Improvements Project Phase II 7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is YAKAR General Contractors 8. The street address of said property is Various Locations 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: Date: I certify (or declare) under penalty of perjury that the foregoing is true and correct. Date Place of Execution Signature ITEM NO. STAFF REPORT o� SpLDwiq; . TO: Honorable Mayor and Members of the City Council ,CHUB OF '� THE FROM: Sam Gutierrez, Director of Public Works s GAR �El n DATE: June 17� 2019 / yn `:\A LiEY�, ,wqy r Y 1 %tiy SUBJECT: Approve Memorandum of Understanding with the Los Angeles � �nrwa PP g 9 County Metropolitan Authority to Receive National Transit Database Reporting Funds for Transit Services SUMMARY This item requests that the City Council consider approval of a Memorandum of Understanding (MOU) with the Los Angeles County Metropolitan Transportation Authority (LACMTA) in order for the City of Baldwin Park to receive $102,086 in Proposition "A" Discretionary Incentive funds for participating in MTA's National Transit Database (NTD) reporting of Baldwin Park's Transit Services to Federal Transportation Authority (FTA). RECOMMENDATION It is recommended that the City Council approve the attached MOU with the Los Angeles County MTA and authorize the Mayor to execute said agreement. FISCAL IMPACT The City will receive $102,086 from LACMTA as Proposition A Discretionary revenue. These restricted funds are used to offset the costs of operating the City's Transit Services Program. BACKGROUND The Baldwin Park voluntarily reports city transit program ridership and service miles statistics to LACMTA. The data includes annual costs, revenue, number of passengers, and services provided through the Baldwin Park Transit Program. LACMTA's collected data from each operator generates additional Federal Section 5307 capital funds to the County of Los Angeles regionally. DISCUSSION The City of Baldwin Park receives funds for its NTD reporting based on the same formula that the FTA uses to reimburse the LACMTA. Since the Federal process for reviewing the data creates a two-year lag between data submittal and fund disbursements, the city will receive funds for the NTD data reported in FY 2015-16. On June 14, 2017 LACMTA approved the Fiscal Year FY 2016-17 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY2014-15. Based on the City's NTD reporting for FY 2015-16, Baldwin Park is eligible to receive $102,086. This amount is being allocated to the City as Proposition A Discretionary funds and they must be utilized in accordance with Proposition A Transportation Guidelines. By signing the MOU, the City further agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics. LEGAL REVIEW None required. ATTACHMENTS 1. MTA MOU (MOUPAIBALP18000) Attachment 1 MTA MOU MOUPAIBALP18000 PROPOSITION A DISCRETIONARY INCENTIVE GRANT PROGRAM MEMORANDUM OF UNDERSTANDING FOR COLLECTING AND REPORTING DATA FOR THE NATIONAL TRANSIT DATABASE FOR REPORT YEAR 2016 This Memorandum of Understanding (MOU) is entered into as of July 31, 2018 by and between Los Angeles County Metropolitan Transportation Authority ("LACMTA") and the City of Baldwin Park (the "City"). WHEREAS, on November 14, 1980, the voters of the County of Los Angeles approved by majority vote Proposition A, an ordinance establishing a one-half percent sales tax for public transit purposes; and WHEREAS, at its September 26, 2001 meeting, the LACMTA authorized payment of Proposition A Discretionary Incentive funds to each participating agency in an amount equal to the Federal funds generated for the region by each agency's reported data; and WHEREAS, at its June 14, 2017 meeting, LACMTA approved the Fiscal Year FY 2017- 18 transit fund allocations, which included funds to make payments to all cities that voluntarily reported NTD data for FY 2015-16; and WHEREAS, the City has been a participant in LACMTA's Consolidated National Transit Database (NTD) Reporters Random Sampling Program for FY 2015-16 and has voluntarily submitted NTD data to the LACMTA for FY 2015-16 which successfully passed independent audit without findings; and WHEREAS, the City has requested funds under the Proposition A Discretionary Incentive Program for collecting and reporting data for the NTD from the FY 2015-16 Report Year (the "Project"); and WHEREAS, on July 16, 2018, the Federal Transit Administration (FTA) published in the Federal Register the FY 2017-18 Apportionments, Allocations, and Program Information including unit values for the data reported to the NTD; and WHEREAS, the parties desire to agree on the terms and conditions for payment for the Project. NOW, THEREFORE, LACMTA and the City hereby agree to the following terms and procedures: ARTICLE 1. TERM 1.0 This Memorandum of Understanding ("MOU") will be in effect from July 1, 2018, through June 30, 2022 at which time all unused funds shall lapse. MOU 15 Agreement NTD Prop A MOUPAIBALP 18000 ARTICLE 2. STANDARDS 2.0 To receive payment for the submittal of the FY 2015-16 NTD statistics, the City warrants that it: A. Adhered to the Federal Guidelines for collecting and Reporting NTD statistics including all audit requirements; B. Prepared and submitted the FY 2015-16 ANNUAL NTD REPORT of the City's fixed -route and/or demand response transit service to the LACMTA on or before October 31, 2017; ARTICLE 3. PAYMENT OF FUNDS TO CITY 3.0 LACMTA shall pay the City for collecting and reporting FY 2015-16 NTD statistics. LACMTA shall pay the City for submitting the FY 2015-16 ANNUAL NTD REPORT for the applicable transit services as follows: MOTORBUS SERVICE For City's motor bus service, LACMTA shall pay an amount equal to the 195,034 revenue vehicle miles reported by the City multiplied by the FTA unit value of $0.4239291 per revenue vehicle mile. See Attachment A for detail. DIAL -A -RIDE SERVICE For City's dial -a -ride service, LACMTA shall pay an amount equal to the 45,774 revenue vehicle miles reported by the City multiplied by the FTA unit value of $0.4239291 per revenue vehicle mile. See Attachment A for detail. 3.1 The City shall submit one invoice to LACMTA prior to December 31, 2020, in the amount of $102,086 in order to receive its payment described above. 3.2 INVOICE BY CITY: Send invoice with supporting documentation to: Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 accountspayable@metro.net Re: LACMTA MOU# MOUPAIBALP18000 M.S. Chelsea Meister (99-4-3) MOU 15 Agreement NTD Prop A MOUPAIBALP18000 ARTICLE 4. CONDITIONS 4.0 The City agrees to comply with all requirements specified by the FTA guidelines for reporting NTD statistics. 4.1 The City understands and agrees that LACMTA shall have no liability in connection with the City's use of the funds. The City shall indemnify, defend, and hold harmless LACMTA and its officers, agents, and employees from and against any and all liability and expenses including defense costs and legal fees and claims for damages of any nature whatsoever, arising out of any act or omission of the City, its officers, agents, employees, and subcontractors in performing the services under this MOU. 4.2 The City is not a contractor, agent or employee of LACMTA. The City shall not represent itself as a contractor, agent or employee of LACMTA and shall have no power to bind LACMTA in contract or otherwise. 4.3 The City agrees that expenditure of the Proposition A Discretionary Incentive funds will be used for projects that meet the eligibility, administrative, audit and lapsing requirements of the Proposition A and Proposition C Local Return guidelines most recently adopted by the LACMTA Board. 4.4 These expenditures will be subject to AUDIT as part of LACMTA's annual Consolidated Audit. ARTICLE S. REMEDIES 5.0 LACMTA reserves the right to terminate this MOU and withhold or recoup funds if it determines that the City has not met the requirements specified by the FTA for collecting and submitting NTD statistics through LACMTA. ARTICLE 6. MISCELLANEOUS 6.0 This MOU constitutes the entire understanding between the parties, with respect to the subject matter herein. 6.1 The MOU shall not be amended, nor any provisions or breach hereof waived, except in writing signed by the parties who agreed to the original MOU or the same level of authority. MOU 15 Agreement NTD Prop A ARTICLE 7. CONTACT INFORMATION 7.0 LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Chelsea Meister (99-4-3) 7.1 City's Address: Baldwin Park 14403 E. Pacific Ave. Baldwin Park,CA 91706 Attn: David Lopez dlopez@baldwinpark.com MOUPAIBALP 18000 MOU 15 Agreement NTD Prop A MOUPAIBALP 18000 IN WITNESS WHEREOF, the City and LACMTA have caused this MOU to be executed by their duly authorized representatives on the date noted below: CITY: City of Baldwin Park Mayor/City Manager Date: APPROVED AS TO FORM: By: Legal Counsel Date: Los Angeles County Metropolitan Transportation Authority By: PHILLIP A. WASHINGTON Chief Executive Officer Date: APPROVED AS TO FORM: MARY C. WICKHAM County Counsel b-. Date:—rL3 IM 5 MOU 15 Agreement NTD Prop A ATTACHMENT A LACMTA Voluntary NTD Reporting Program for FY16 Using FY18 FTA Formula Programs Apportionment Data Values Alhambra !MB Alhambra - DR Artesia- - Azusa DR _ -.. _ DR Baldwin Park 45,774 MB - Baldwin Park - -'',DuuR 14,355.51 Bell --- 10,990.36 Bell DT Bell -- Bellflower - DR MB _ Bellflower 31,076.13 DR _ Bell Gardens IMB Bell Gardens DR Burbank Carson MB MB DR MB Carson 22,174.4£7 DT Cerritos MB Cerritos DT Compton MB Covina DR Cudahy MB Cudahy DT Downey MB Downey DR Duarte MB EI Monte MB EI Monte DR Glendora MB Glendora DR Huntington Park MB Huntington Park DT LACDPWAvocado MB LACDPWELA MB LACDPWELA DR LACDPWEast Valinda MB LACDPWKing Medical MB LACDPWWillowbrook Shuttle MB LACDPWS.Whittier MB Lawndale MB Lynwood MB Malibu DT ManhattanBeach DR Maywood MB Maywood DR MontereyPark MB MontereyPark DR Pasadena MB Pico Rivera DR Rosemead MB Rosemead DR Santa Fe Springs DR South Gate MB South Gate DT SouthPasadena DR WestCovina MB WestCovina DR West Hollvwood MB 9 169,763 71,967.48 71,967 8 119,797 50,785.44 50,785 5 4,943 2,095.48 2,095 6 101,187 42,896.12 - 6 195,034 82,680.60 2 45,774 19,404.93 _ 1 33,863 14,355.51 5 25,925 10,990.36 3 17,331 17,347.12 2 73,305 31,076.13 2 35,530 15,062.20 3 96,597 40,950.28 - 3 52,307 22,174.4£7 14 313,510 132,906.02 ` (21, 11 173,266 73,452.51 1 15,013 6,364.45 7 355,026 150,505.87 8 97,626 41,386.51' '. - 5 174,118 73,813.69 10 54,305 23,021.47' 5 140,539 _ 59,578.58: 4 57,961 24,571.36 1 34,307 14,543.74 5 7,779 3,297.74 " -- 6 143,679 60,909.71 10 78,787 33,400.10 - 2 79,037 - 33,506.09 7 259,146 109,859.54 �. 6 95,719 40,578.07 -- 3 52,613 22,304.18 - 10 103,955 44,069.55 5 107,834 45,713.97 12 172,727 73,224.01, --- 1 36,945 15,662.06 -6 252,345 106,976.40 7 82,277 34,879.62 _ 1 52,030 22,057.03_ _ 1 18,245 7,734.59 2 82,979 35,177.22 4 233,850 99,135.83 - 2 82,630 35,029.26 4 141,787 60,107.64 9 55,137 23,374.18 -- 4 46,175 19,574.93' - 2 28,496 12,080.28 2 12,119 5,137.60 6 222,763 94,435.73 _ 3 25,549 10,830.97 - 19 666,959 282,743.35 (46 3 142,093 17,844.45 - 2 122,302 51,847,38 `--- 3 52,494 22,253.74 2 141864 6,301.28 ,-- 5 188,267 79,811.87 _ 9 1$9,051 67,426.36 5 28,674 12,155.74 - 4 167,817 71,142.52 4 80,627 34,180.13 4 90.273 38,269.35 1 19,405 1_4,356 10,990 7,347 31,076 15,062 40,950 22,174 111,130 73,453 6,364 150,506 41,387 73,814 23,021 14,544 3,298 60.910 109,860 1 44,070 45,714 73,224 15,662 106,976 34,880 22,057 7,735 35,177 99,136 35,029 60,108 23,374 19,575 12,080 5,138 94,436 10,831 236,417 17,844 51,847 22,254 6,301 79,812 67,426 12,156 71,143 34.180 IFY18 Revenue Mile Rate 1 0.423929137'1 1 N f0 Q LL E O Lo g F IL 2 � rc m ZQ € O Z LL ata C W O O xa� acm kms` a3D QO O O STAFF REPORT ITEM NO. 6 TO: Honorable Mayor and Members of the City Council FROM: Sam Gutierrez, Director of Public Work DATE: July 17, 2019 SUBJECT: Accept and Authorize the Filing of a Notice of Completion for City Project No. CIP 19-19 — Citywide Sidewalk and Concrete Improvements Project SUMMARY This item will accept the work completed for City Project No. 19-19 — Citywide Sidewalk and Concrete Improvements, close the contract, and authorize the filing of a Notice of Completion with the County Clerk. The project furnished cross -gutters, curb & gutters, and concrete sidewalk improvements at various locations citywide. RECOMMENDATION It is recommended that the City Council: 1. Accept the construction improvements by Gentry General Engineering, Inc. and authorize the recordation of a Notice of Completion with the County Clerk; and 2. Authorize the payment of $3,528.18 in retention funds to Gentry General Engineering, Inc. upon the expiration of the 35 -day notice period. FISCAL IMPACT There is no impact to the general fund. The following table lists the FY2018-19 approved budget and final construction costs for the project: CIP19-19 Gas Tax — Fund #240-50-520-58100-15714 $35,340.00 TDA — Fund #243-50-520-58100-15714 $40,000.00 Total Available Funds $75,340.00 BACKGROUND On April 3, 2019 City Council approved the plans and specifications for the Citywide Sidewalk and Concrete Improvements Project and authorized staff to publish a Notice Inviting bids for the project to solicit bids. This project improved various locations where concrete infrastructure was identified to pose a hazard to pedestrians and street users. On May 15, 2019, City Council awarded the contract to the lowest responsive and responsible bid from Gentry General Engineering, Inc. in the amount of $61,800. DISCUSSION The project improvements consisted of removing and replacing cross -gutters, curb & gutters, and concrete sidewalks at various locations citywide. During the course of construction, staff identified additional locations where concrete infrastructure posed a hazard to pedestrians and street users and requested the contractor to repair. The total costs of the additional work totaled $8,763.50 and is within the contingency budget of 15% included in the overall authorized budget. The final construction cost of the project is $70,563.50 which includes $8,763.50 in additional work for the completion of additional removal and replacement of sidewalks, driveway approaches and concrete panels. The project was completed $4776.50 under the overall approved project budget. 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 for the Citv of Baldwin Park and was ACCEPTED by City Council on APN: N/A NOTICE OF COMPLETION NOTICE IS HEREBY GIVEN THAT: 1. A certain work of improvement on the property hereinafter described and known as: Project No. CIP 19-19 Citywide Sidewalk and Concrete Improvfor the City of Baldwin Park and was ACCEPTED by City Council on July 17 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 S. A work of improvement on the property hereinafter described was COMPLETED on 6. The work of improvement completed is described as follows: Citywide Sidewalk and Concrete Improvements 7. The NAME OF THE ORIGINAL CONTRACTOR, if any, for such work of improvement is Gentry General Engineering 8. The street address of said property is Various Locations 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: Date: I certify (or declare) under penalty of perjury that the foregoing is true and cornu. Date Signature Place of Execution STAFF REPORT TO: Honorable Mayor and Members of the City Council 6 FROM: Benjamin Martinez, Director of Community Development DATE: July 17, 2019 A -K SUBJECT: Consideration of an Exclusive Negotiation Agreement (ENA) with ROEM Development Corporation for a Proposed Project in Downtown Baldwin Park (Phase II). SUMMARY The purpose of this staff report is to consider an Exclusive Negotiation Agreement (ENA) for a total of 360 days with ROEM Development Corporation (ROEM) for a potential development project in downtown Baldwin Park. FISCAL IMPACT There is no immediate fiscal impact to the approval of this ENA. RECOMMENDATION Staff recommends the City Council: 1. Approve the proposed ENA with ROEM; and 2. Authorize the Mayor to execute the agreement. LEGAL REVIEW The City Attorney has reviewed the attached draft agreement and has approved its form and content. BACKGROUND At the Special Meeting held on June 19th, 2019, staff made a presentation to City Council that provided an overview of three potential new housing developments in the downtown area. All three developers are experienced, reputable and will provide housing opportunities to various household populations in Baldwin Park to supplement the diversity of housing options currently available. These projects will also support the revitalization of the city's downtown transit -oriented area into a vibrant and active urban space. Entering into an ENA with ROEM will allow the developer to continue refining their proposed project located at the Maine Ave. and Ramona Blvd., as they receive input from both staff and the community. The following is a project overview: • Location: Maine Ave. and Ramona Blvd.(Phase II) • Brief description: Mixed-use project with affordable units and 4,600 sq. ft. of retail • Proposed range of units: Approximately 29 units • Site Control: No ALTERNATIVES The City Council may decide not to pursue this ENA. ATTACHMENTS 1. Exclusive Negotiation Agreement (ENA) Attachment 1 Exclusive Negotiation Agreement (ENA) EXCLUSIVE NEGOTIATION AGREEMENT (Maine -Ramona) THIS EXCLUSIVE NEGOTIATION AGREEMENT ("ENA") is entered into by and between the CITY OF BALDWIN PARK, a public body, corporate and politic ("City") and ROEM DEVELOPMENT CORPORATION, a California corporation ("Developer") under the terms and provisions set forth below. WHEREAS, in furtherance of the goals and objectives of the General Plan of the City of Baldwin Park and vision for the Baldwin Park downtown specific plan, City and Developer desire to enter into negotiations concerning the development of certain land (defined below as the "Project Site"); and WHEREAS, the Project Site is designated as such on the Project Site Map ("Exhibit A"); and WHEREAS, the parties recognize and acknowledge the purpose of this ENA is to provide Developer an opportunity to further develop, refine, and analyze their proposal and to negotiate the terms of a Disposition and Development Agreement ("DDA") or an Owner Participation Agreement ("OPA"), which will accomplish the objectives described in Paragraph 1 below. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, City and Developer hereto mutually agree as follows: 1. PURPOSE The purpose of this ENA is to provide for the negotiation by the parties of a Transit - Oriented Mixed -Use development providing for, among other things, the following: A. The acquisition by Developer of the Project Site for a Transit -Oriented Mixed -Use Development in accordance with City's vision and the General Plan and for the development and construction of a development comprised of 29 affordable and workforce residential units, about 4,600 SF of retail and provision of all related parking needs. The development shall be a pedestrian -oriented mixed-use development with open spaces (the "Proposed Development"). The development shall be subject to and consistent with the requirements of the California Environmental Quality Act and related State Guidelines ("CEQA"). The Project Site is proposed to consist of property generally located between Ramona Blvd to the north, Metro Village Phase I to the east, City Hall complex to the south and Maine Avenue to the west. The Project Site consists of three (3) individually owned parcels of approximately 0.57 acres, as well as that portion of right-of-way fronting the existing businesses along Ramona Blvd. By entering into this ENA, the parties intend to implement City's vision and General Plan. The parties understand and agree the City cannot be obligated to Page 1 commence any action to convey any interest in any portion of the Project Site to Developer, unless and until, among other legal requirements and as applicable, all necessary steps are met, including, but not limited to, good faith negotiations, due process conducted by the City and in City's sole discretion, after duly noticed and conducted public meeting, a determination the public necessity and interest is best served by such conveyance. B. The coordination of the planning, design and construction of Proposed Development on the Project Site and to maximize its compatibility with the abutting and adjacent uses and to minimize environmental, traffic and other impacts on the abutting and adjacent uses. C. Provisions related to City potential assistance, if any, through disposition of property. D. Other provisions regarding the participation and responsibilities of the Developer and City necessary to further the purpose of developing the Project Site, such as provisions for processing approvals and permits. 2. EXCLUSIVE RIGHT TO NEGOTIATE A. City hereby grants to Developer, and Developer hereby accepts this ENA for a period of three hundred sixty five (365) days, commencing on the date this ENA is signed on behalf of City. With no expectation, or express or implied intent any extension to the term of this ENA will be accepted by either party, upon written request by Developer, City's Executive Director (the "Executive Director") may extend the term of this ENA for up to an aggregate total of an additional three hundred sixty five (365) days. B. City and Developer agree, for the period set forth in this Paragraph 2, to negotiate diligently and in good faith to prepare a DDA or OPA to be entered into by City and Developer with regard to the objectives described above. During the term of this ENA, City agrees not to negotiate for the development of the Project Site, or portion thereof, with any party other than the Developer, or approve or conduct a public hearing for any other development of the Project Site, or portion thereof. 3. TERMS City and Developer hereby agree to the following terms: A. Developer to Pay City Third Party Costs. Developer is responsible to pay City third party costs directly or indirectly related to this ENA and incurred in good faith by City ("Third Party Costs"). Third Party Costs will not exceed fifteen thousand ($15,000) unless written approval is obtained by Developer. If Developer fails to remit Third Party Costs within thirty (30) days after receipt of an invoice from a third party submitted to Developer by City, then City's obligations pursuant to this Page 2 ENA shall cease until such Third Party Costs are paid in full by Developer. B. City Acquired Parcels. The three (3) parcels required for this mixed-use development consist of two (2) privately owned parcels and one (1) City owned parcel. Developer shall not be required to move forward with third party development studies until all parcels are under contract or acquired by the City. Once all three (3) parcels are under City control Developer can proceed with DDA or OPA development efforts ("Start" date). C. Bi -Monthly Status Reports. On or before the tenth (10th) day of every two months starting with the first full month after the effective date of this ENA, Developer shall provide bi-monthly status reports to the Executive Director in a format reasonably requested by the Executive Director. These reports, at a minimum, will include status reports regarding progress associated with the schedule of performance and information regarding Developer's efforts to work with current owners and tenants on the Project Site and Developer's efforts along with the City to acquire the land necessary for the project and secure quality commercial tenants for the Proposed Development. D. Financial Feasibility Prospectus. Within sixty (60) days after the effective date, Developer shall submit to City a pro forma showing the fiscal feasibility for its Proposed Development. E. Market Feasibility Study. Within ninety (90) days after the Start date, Developer shall submit to City a market feasibility study for its Proposed Development, including a residential housing and neighborhood retail specific market study and residential housing and neighborhood retail marketing strategy. F. Necessary Debt and Equity Financing. Within one hundred and twenty (120) days, Developer shall submit reasonable satisfactory evidence to City, including the financing structure, demonstrating Developer can and will obtain the necessary debt and equity financing in an amount sufficient to pay for acquisition and development of the Project Site. G. Submittal and Review of Conceptual and PhasingPlans.- Within one hundred and fifty (150) days, Developer shall submit to City conceptual plans for the development of the entire Site (the "Conceptual Plans"). City staff shall review and comment on the Conceptual Plans. H. City's Right to Additional Information. City reserves the right, during the term of this ENA, to request reasonable additional information and data from Developer necessary for review and evaluation of the proposed development. Developer agrees to provide such additional information or data as reasonably requested in a timely manner. All information regarding the Developer's business practice which may be provided to Commission, shall remain confidential to the extent permissible by law. Page 3 Hazardous Materials. City shall not be responsible for conducting or financing any testing of the Project Site for hazardous materials pursuant to any applicable laws, statutes, rules and regulations. As between City and Developer, Developer shall also be responsible for making site conditions suitable for the Proposed Development, including, but not limited to, flood zones, Alquist-Priolo, and similar matters. For purposes of this ENA, "hazardous materials" shall mean asbestos; polychlorinated biphenyls (whether or not highly chlorinated); radon gas; radioactive materials; explosives; chemicals known to cause cancer or reproductive toxicity; hazardous waste, toxic substances or related materials; petroleum and petroleum product, including, but not limited to, gasoline and diesel fuel; those substances defined as a "Hazardous Substance", as defined by section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., or as "Hazardous Waste" as defined by section 6903 of the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq.; an `Extremely Hazardous Waste," a "Hazardous Waste" or a "Restricted Hazardous Waste," as defined by The Hazardous Waste Control Law under sections 25115, 25117 or 25122.7 of the California Health and Safety Code, or is listed or identified pursuant to section 25140 of the California Health and Safety Code; a "Hazardous Material", "Hazardous Substance," "Hazardous Waste" or "Toxic Air Contaminant" as defined by the California Hazardous Substance Account Act, laws pertaining to the underground storage of hazardous substances, hazardous materials release response plans, or the California Clean Air Act under sections 25316, 25281, 25501, 25501.1 or 39655 of the California Health and Safety Code; "Oil" or a "Hazardous Substance" listed or identified pursuant to section 311 of the Federal Water Pollution Control Act, 33 U.S.C. 1321; a "Hazardous Waste," "Extremely Hazardous Waste" or an "Acutely Hazardous Waste" listed or defined pursuant to Chapter 11 of Title 22 of the California Code of Regulations sections 66261.1 - 66261.126; chemicals listed by the State of California under Proposition 65 Safe Drinking Water and Toxic Enforcement Act of 1986 as a chemical known by the State to cause cancer or reproductive toxicity pursuant to section 25249.8 of the California Health and Safety Code; a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, materially damages or threatens to materially damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or government agency requires in order for the property to be put to the purpose proposed by this ENA; any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank; pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq.; asbestos, PCBs, and other substances regulated under the Toxic Substances Control Act, 15 U.S.C. 2601 et seq.; any radioactive material including, without limitation, any "source material," "special nuclear material," "by-product material," "low-level wastes," "high-level radioactive waste," "spent nuclear fuel" or "transuranic waste" and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. 2011 et seq., Page 4 the Nuclear Waste Policy Act, 42 U. S.C. 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code sections 25800 et seq.; hazardous substances regulated under the Occupational Safety and Health Act, 29 U.S.C. 651 et seq., or the California Occupational Safety and Health Act, California Labor Code sections 6300 et seq.; or regulated under the Clean Air Act, 42 U.S.C. 7401 et seq. or pursuant to The California Clean Air Act, sections 3900 et seq. of the California Health and Safety Code. Any studies and reports generated by Developer's testing for hazardous materials shall be made available to Commission upon Commission's request. No Obligation by City. Nothing herein shall obligate or be deemed to obligate City to approve or execute a DDA or OPA, or convey any interest in any portion of the Project Site to Developer. The parties understand and agree City cannot be obligated to approve or execute a DDA or OPA, commence any action to convey any interest in any portion of the Project Site to Developer unless and until, among other legal requirements and as applicable, (i) CEQA requirements are met and (ii) a DDA or OPA satisfactory to City is first negotiated, executed by Developer, approved by City's Board, in each of their sole discretion, after duly noticed public hearing, and executed by City. The parties each agree to negotiate in good faith to accomplish the objectives described in this ENA. K. DDA or OPA to Supersede this ENA. This ENA will be superseded by the DDA or OPA, if and when the proposed DDA or OPA is executed by Developer and approved by City in the manner required by law, and executed by City. L. City Responsible for CEQA Compliance. City, at Developer's costs, shall be responsible for complying with CEQA in connection with the Project Site and the development of the Project Site. M. Real Estate Commissions. City shall not be liable for any real estate commissions or brokerage fees, which may arise herefrom. City represents it has not engaged a broker, agent or finder in connection with this transaction. Each party agrees to hold harmless the other party from any claim by any broker, agent or finder retained, or claimed to have been retained, by that first party. N. Conflicts of Interest. For the term of this ENA, no member, officer or employee of City, during the term of his or her service with City, shall have any direct or indirect interest in this ENA or obtain any present or anticipated material benefit arising; therefrom. O. Change in Ownership or Control of Developer. Developer understands City is entering into this ENA based on the prior experience and qualifications of Developer. Therefore, Developer shall not assign, sell or otherwise transfer any or all of its rights under this ENA to any party not owned, in the majority, or controlled by Developer, without the prior written approval of City, at its sole discretion. Page 5 P. Indemnity. Developer agrees to and hereby does defend, hold harmless and indemnify City and each of their officers, agents and employees (the "Indemnified Parties") from damages arising from Developer's acts or omissions; provided, that the obligation to defend does not apply to actions arising solely from the Indemnified Parties' acts or omissions; and provided, further, that the obligation to indemnify and hold harmless does not apply to the extent caused by the negligence or willful misconduct of any of the Indemnified Parties. Q. Governing Law. This ENA shall be interpreted and enforced in accordance with the provisions of California law in effect at the time it is executed, without regard to conflicts of laws provisions. R. No Third Party Beneficiaries. City and Developer expressly acknowledge and agree they do not intend, by their execution of this ENA, to benefit any persons or entities not signatory to this ENA; provided, that the parties understand if a DDA or OPA is ultimately entered into, there may be involvement by, or commissions or fees paid to, any brokers representing Developer pursuant to the terms of a separate written agreement between Developer and such brokers. Developer hereby agrees to indemnify, defend and hold harmless the Indemnified Parties from any claim or action brought by or on behalf of any such broker related to their involvement with Developer or for Developer's failure to pay any commissions or fees. No person or entity not a signatory to this ENA shall have any rights or causes of action against either City or Developer arising out of or due to City's or Developer's entry into this ENA. 4. TERMS TO BE NEGOTIATED City and Developer shall meet regularly with each other in order to negotiate a proposed DDA or OPA to include, without limitation, the following provisions: A. A single development plan (scope of development) that is functional, aesthetic, and minimizes conflicts with, and is sensitive to, adjoining and adjacent properties. Architectural and site design issues to be resolved shall include, but not be limited to, acceptable architectural and landscape quality, initial size and maturity of plantings, access and circulation, determination of parcel boundaries, on-site and off-site improvements, Project Site -perimeter treatment, landscaped buffers, parking, signage, lighting, and easements, if applicable. B. The design and configuration of the site plan shall maximize, to the extent reasonably feasible, the potential to attract retail/restaurant tenants. C. The acquisition procedures that may include use of eminent domain, the time schedule for conveyance, if any, of portions of the Project Site from City, the financing plan, and the cost of the Project Site. D. The timing and conditions precedent for the conveyance, if any, of the Project Site Page 6 or portions thereof. E. The performance guarantees, amount of liquidated damages, and good faith deposit to be required, if any. The proposed DDA or OPA shall require Developer to pay when due, on all those parcels owned by Developer, all taxes, assessments, and special taxes levied on the Project Site and all debt service on all bonds outstanding from time to time which have a lien or encumbrance on the Project Site. Any deposit under the DDA or OPA shall be returned to Developer upon the completion of the development as evidenced by a Certificate of Completion issued by City. F. A schedule of performance encompassing appropriate and necessary legal, administrative, financial and construction benchmarks to be met by the appropriate party. G. The responsible party to prepare a tract map subdividing or merging the Project Site into parcels as appropriate and necessary. H. The responsible party for all costs associated with the removal or remediation of any potentially hazardous materials from the Project Site and demolition of all improvements on the Project Site. I. Ownership of all plans, drawings and specifications prepared by Developer in the event of termination of the DDA or OPA. J. Operational and maintenance plans for the development, including the parking. K. A financing plan. 5. LIMITATION ON REMEDIES FOR BREACH OR DEFAULT AND RELEASE OF CLAIMS A. Neither party would have agreed to any part of this ENA if it were to be liable to the other party for any amount of monetary damages. Accordingly, both parties acknowledge and agree each party's exclusive right and remedy upon any breach or default of the other party to negotiate in good faith, as set forth in this ENA, is to terminate this ENA or seek specific performance regarding the exclusivity provisions of this ENA, as applicable. The prevailing party in any action brought pursuant to this subparagraph A. shall also be entitled to an award of reasonable attorneys' fees and costs. If this ENA is terminated, then the Good Faith Deposit being held by City shall be returned to Developer by City, in accordance with Paragraph 3.A.. B. Each party acknowledges it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: A general release does not extend to claims which the Page 7 creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with the debtor. C. Civil Code Section 1542 notwithstanding, it is the parties' intention to be bound by the limitation on remedies set forth in this Section, and each party hereby releases any and all claims against the other party for monetary damages or other legal or equitable relief, whether or not such released claims were known or unknown to the releasing party as of its entry into this ENA. Each party hereby waives the benefits of Civil Code Section 1542 and all other statutes and judicial decisions (whether state or federal) of similar effect. City Initials 6. TERMINATION BY CITY Developer Initials City shall have the right to terminate this ENA in the event Developer (a) proposes provisions in the proposed DDA or OPA, which (i) materially vary from those described in this ENA or (ii) describe a development that materially varies from the development generally described in Paragraph 1 of this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Developer's receipt of written notice thereof. 7. TERMINATION BY DEVELOPER Developer shall have the right to terminate this ENA in the event City (a) proposes provisions in the proposed DDA or OPA, which materially vary from those described in this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Commission's receipt of written notice thereof. 8. NOTICES. A. Any notice, request, approval or other communication to be provided by either party shall be in writing and dispatched by first class mail, registered or certified mail, postage prepaid, return -receipt requested, or by electronic facsimile transmission followed by delivery of a "hard" copy, or by personal delivery (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), to the addresses of City and Developer set forth below. Such written notices, requests, approvals or other communication may be sent in the same manner to such other addresses as either party may from time to time designate. B. Any notice that is transmitted by electronic facsimile transmission followed by delivery of a "hard" copy, shall be deemed delivered upon its transmission; any notice personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Page 8 Service), shall be deemed received on the documented date of receipt; and any notice that is sent by registered or certified mail, postage prepaid, return -receipt requested shall be deemed received on the date of receipt thereof. C. If to City: In the case of a notice or communication to City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: Shannon Yauchzee, City Manager E-mail: syauchzee@baldwinpark.com With copies to: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: City Attorney (Tafoya & Garcia) Email: rtafoya2tafoyagarcia.com D. If to Developer: Alex Sanchez, Executive Vice President ROEM Development Corporation 1650 Lafayette Street Santa Clara, CA 95050 Phone: (408) 984-5600 Fax: (408) 984-3111 With copies to: Stephen Emami, Vice President ROEM Development Corporation 1650 Lafayette Street Santa Clara, CA 95050 Phone: (408) 984-5600 Fax: (408) 984-3111 9. COUNTERPART ORIGINALS. This ENA may be executed in two (2) counterpart originals which, when taken together, shall constitute but one and the same instrument. 10. ENTIRE AGREEMENT Page 9 This ENA represents the entire agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to development of the Project Site. This ENA may not be amended unless agreed as such in writing and certified by the signatures of the parties hereunder. Page 10 11. EFFECTIVE DATE The effective date of this ENA shall be the date it is signed on behalf of City. Dated: APPROVED AS TO FORM: TAFOYA & GARCIA General Counsel THE CITY OF BALDWIN PARK By: Shannon Yauchzee, Chief Executive Officer ROEM DEVELOPMENT CORPORATION, a California Corporation Dated: July 17, 2019 By: Alex Sanchez, Executive Vice President Page 11 ui >Co I X80 EXHIBIT A PROJECT SITE MAP is R��pNP Page 12 STAFF REPORT I TO: Honorable Mayor and Members of the City Council FROM: Benjamin Martinez, Director of Community Development DATE: July 17, 2019 SUBJECT: Consideration of an Exclusive Negotiation Agreement (ENA) with ROEM Development Corporation for a Proposed Project in Downtown Baldwin Park (Phase III). SUMMARY The purpose of this staff report is to consider an Exclusive Negotiation Agreement (ENA) for a total of 360 days with ROEM Development Corporation (ROEM) for a potential development project in downtown Baldwin Park. FISCAL IMPACT There is no immediate fiscal impact to the approval of this ENA. RECOMMENDATION Staff recommends the City Council: 1. Approve the proposed ENA with ROEM; and 2. Authorize the Mayor to execute the agreement. LEGAL REVIEW The City Attorney has reviewed the attached draft agreement and has approved its form and content. BACKGROUND At the Special Meeting held on June 19th, 2019, staff made a presentation to City Council that provided an overview of three potential new housing developments in the downtown area. All three developers are experienced, reputable and will provide housing opportunities to various household populations in Baldwin Park to supplement the diversity of housing options currently available. These projects will also support the revitalization of the city's downtown transit -oriented area into a vibrant and active urban space. Entering into an ENA with ROEM will allow the developer to continue refining their proposed project located at the Maine and Pacific Ave. transition, as they receive input from both staff and the community. The following is a project overview: • Location: Maine Ave. and Pacific Ave transition across City Hall (Phase III) • Brief description: Attached affordable units • Proposed range of units: Approximately 120 units • Site Control: No ALTERNATIVES The City Council may decide not to pursue this ENA. ATTACHMENTS 1. Exclusive Negotiation Agreement (ENA) Attachment 1 Exclusive Negotiation Agreement (ENA) EXCLUSIVE NEGOTIATION AGREEMENT (Maine -Pacific) THIS EXCLUSIVE NEGOTIATION AGREEMENT ("ENA") is entered into by and between the CITY OF BALDWIN PARK, a public body, corporate and politic ("City") and ROEM DEVELOPMENT CORPORATION, a California corporation ("Developer") under the terms and provisions set forth below. WHEREAS, in furtherance of the goals and objectives of the General Plan of the City of Baldwin Park and vision for the Baldwin Park downtown specific plan, City and Developer desire to enter into negotiations concerning the development of certain land (defined below as the "Project Site"); and WHEREAS, the Project Site is designated as such on the Project Site Map ("Exhibit A"); MOM WHEREAS, the parties recognize and acknowledge the purpose of this ENA is to provide Developer an opportunity to further develop, refine, and analyze their proposal and to negotiate the terms of a Disposition and Development Agreement ("DDA") or an Owner Participation Agreement ("OPA"), which will accomplish the objectives described in Paragraph 1 below. NOW, THEREFORE, FOR VALUABLE CONSIDERATION, the receipt of which is hereby acknowledged, City and Developer hereto mutually agree as follows: 1. PURPOSE The purpose of this ENA is to provide for the negotiation by the parties of a Transit - Oriented Affordable Housing development providing for, among other things, the following: A. The acquisition by Developer of the Project Site for a Transit -Oriented Affordable Housing Development in accordance with City's vision and the General Plan and for the development and construction of a development comprised of 120 affordable residential units, a community park and provision of all related parking needs. The development shall be a pedestrian -oriented development with open spaces (the "Proposed Development"). The Developer will also make its best effort to acquire additional privately -held lands to expand the project. The development shall be subject to and consistent with the requirements of the California Environmental Quality Act and related State Guidelines ("CEQA"). The Project Site is proposed to consist of property generally located between Ramona Blvd to the north, City Hall complex to the east, Beginning Montessori Academy to the south and Pacific Avenue to the west. The Project Site consists of five (5) City owned parcels of approximately 2.08 acres, as well as that portion of right-of-way fronting Maine Avenue owned by the School Board. Page 1 By entering into this ENA, the parties intend to implement City's vision and General Plan. The parties understand and agree the City cannot be obligated to commence any action to convey any interest in any portion of the Project Site to Developer, unless and until, among other legal requirements and as applicable, all necessary steps are met, including, but not limited to, good faith negotiations, due process conducted by the City and in City's sole discretion, after duly noticed and conducted public meeting, a determination the public necessity and interest is best served by such conveyance. B. The coordination of the planning, design and construction of Proposed Development on the Project Site and to maximize its compatibility with the abutting and adjacent uses and to minimize environmental, traffic and other impacts on the abutting and adjacent uses. C. Provisions related to City potential assistance, if any, through disposition of property. D. Other provisions regarding the participation and responsibilities of the Developer and City necessary to further the purpose of developing the Project Site, such as provisions for processing approvals and permits. 2. EXCLUSIVE RIGHT TO NEGOTIATE A. City hereby grants to Developer, and Developer hereby accepts this ENA for a period of three hundred sixty five (365) days, commencing on the date this ENA is signed on behalf of City. With no expectation, or express or implied intent any extension to the term of this ENA will be accepted by either party, upon written request by Developer, City's Executive Director (the "Executive Director") may extend the term of this ENA for up to an aggregate total of an additional three hundred sixty five (365) days. B. City and Developer agree, for the period set forth in this Paragraph 2, to negotiate diligently and in good faith to prepare a DDA or OPA to be entered into by City and Developer with regard to the objectives described above. During the term of this ENA, City agrees not to negotiate for the development of the Project Site, or portion thereof, with any party other than the Developer, or approve or conduct a public hearing for any other development of the Project Site, or portion thereof. 3. TERMS City and Developer hereby agree to the following terms: A. Developer to Pay City Third Party Costs. Developer is responsible to pay City third party costs directly or indirectly related to this ENA and incurred in good faith by City ("Third Party Costs"). Third Party Costs will not exceed fifteen Page 2 thousand ($15,000) unless written approval is obtained by Developer. If Developer fails to remit Third Party Costs within thirty (30) days after receipt of an invoice from a third party submitted to Developer by City, then City's obligations pursuant to this ENA shall cease until such Third Party Costs are paid in full by Developer. B. School Board Right of Way Parcels. Five (5) parcels are required for this affordable development consisting of four (4) City owned parcels and one (1) right-of-way parcel owned by the School Board. Developer shall not be required to move forward with third party development studies until all parcels are under contract or acquired by the City. Once all five (5) parcels are under City control Developer can proceed with DDA or OPA development efforts ("Start" date). C. Bi -Monthly Status Reports. On or before the tenth (10th) day of every two months starting with the first full month after the effective date of this ENA, Developer shall provide bi-monthly status reports to the Executive Director in a format reasonably requested by the Executive Director. These reports, at a minimum, will include status reports regarding progress associated with the schedule of performance and information regarding Developer's efforts to work with current owners and tenants on the Project Site and Developer's efforts along with the City to acquire the land necessary for the project. D. Financial Feasibility Prospectus. Within sixty (60) days after the effective date, Developer shall submit to City a pro forma showing the fiscal feasibility for its Proposed Development. E. Market Feasibility Study. Within ninety (90) days after the Start date, Developer shall submit to City a market feasibility study for its Proposed Development, including a residential housing market study and residential housing marketing strategy. F. Necessary Debt and Equity Financing. Within one hundred and twenty (120) days, Developer shall submit reasonable satisfactory evidence to City, including the financing structure, demonstrating Developer can and will obtain the necessary debt and equity financing in an amount sufficient to pay for acquisition and development of the Project Site. G. Submittal and Review of Conceptual and PhasingPlans._ Within one hundred and fifty (150) days, Developer shall submit to City conceptual plans for the development of the entire Site (the "Conceptual Plans"). City staff shall review and comment on the Conceptual Plans. H. Cis s Right to Additional Information. City reserves the right, during the term of this ENA, to request reasonable additional information and data from Developer necessary for review and evaluation of the proposed development. Developer agrees to provide such additional information or data as reasonably requested in a Page 3 timely manner. All information regarding the Developer's business practice which may be provided to Commission, shall remain confidential to the extent permissible by law. I. Hazardous Materials. City shall not be responsible for conducting or financing any testing of the Project Site for hazardous materials pursuant to any applicable laws, statutes, rules and regulations. As between City and Developer, Developer shall also be responsible for making site conditions suitable for the Proposed Development, including, but not limited to, flood zones, Alquist-Priolo, and similar matters. For purposes of this ENA, "hazardous materials" shall mean asbestos; polychlorinated biphenyls (whether or not highly chlorinated); radon gas; radioactive materials; explosives; chemicals known to cause cancer or reproductive toxicity; hazardous waste, toxic substances or related materials; petroleum and petroleum product, including, but not limited to, gasoline and diesel fuel; those substances defined as a "Hazardous Substance", as defined by section 9601 of the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. 9601, et seq., or as "Hazardous Waste" as defined by section 6903 of the Resource Conservation and Recovery Act, 42 U.S.C. 6901, et seq.; an "Extremely Hazardous Waste," a "Hazardous Waste" or a "Restricted Hazardous Waste," as defined by The Hazardous Waste Control Law under sections 25115, 25117 or 25122.7 of the California Health and Safety Code, or is listed or identified pursuant to section 25140 of the California Health and Safety Code; a "Hazardous Material", "Hazardous Substance," "Hazardous Waste" or "Toxic Air Contaminant" as defined by the California Hazardous Substance Account Act, laws pertaining to the underground storage of hazardous substances, hazardous materials release response plans, or the California Clean Air Act under sections 25316, 25281, 25501, 25501.1 or 39655 of the California Health and Safety Code; "Oil" or a "Hazardous Substance" listed or identified pursuant to section 311 of the Federal Water Pollution Control Act, 33 U.S.C. 1321; a "Hazardous Waste," "Extremely Hazardous Waste" or an "Acutely Hazardous Waste" listed or defined pursuant to Chapter 11 of Title 22 of the California Code of Regulations sections 66261.1 - 66261.126; chemicals listed by the State of California under Proposition 65 Safe Drinking Water and Toxic Enforcement Act of 1986 as a chemical known by the State to cause cancer or reproductive toxicity pursuant to section 25249.8 of the California Health and Safety Code; a material which due to its characteristics or interaction with one or more other substances, chemical compounds, or mixtures, materially damages or threatens to materially damage, health, safety, or the environment, or is required by any law or public agency to be remediated, including remediation which such law or government agency requires in order for the property to be put to the purpose proposed by this ENA; any material whose presence would require remediation pursuant to the guidelines set forth in the State of California Leaking Underground Fuel Tank Field Manual, whether or not the presence of such material resulted from a leaking underground fuel tank; pesticides regulated under the Federal Insecticide, Fungicide and Rodenticide Act, 7 U.S.C. 136 et seq.; asbestos, PCBs, and other substances regulated under the Toxic Substances Page 4 Control Act, 15 U.S.C. 2601 et seq.; any radioactive material including, without limitation, any "source material," "special nuclear material," "by-product material," "low-level wastes," "high-level radioactive waste," "spent nuclear fuel" or "transuranic waste" and any other radioactive materials or radioactive wastes, however produced, regulated under the Atomic Energy Act, 42 U.S.C. 2011 et seq., the Nuclear Waste Policy Act, 42 U.S.C. 10101 et seq., or pursuant to the California Radiation Control Law, California Health and Safety Code sections 25800 et seq.; hazardous substances regulated under the Occupational Safety and Health Act, 29 U.S.C. 651 et seq., or the California Occupational Safety and Health Act, California Labor Code sections 6300 et seq.; or regulated under the Clean Air Act, 42 U.S.C. 7401 et seq. or pursuant to The California Clean Air Act, sections 3900 et seq. of the California Health and Safety Code. Any studies and reports generated by Developer's testing for hazardous materials shall be made available to Commission upon Commission's request. J. No Obligation by City. Nothing herein shall obligate or be deemed to obligate City to approve or execute a DDA or OPA, or convey any interest in any portion of the Project Site to Developer. The parties understand and agree City cannot be obligated to approve or execute a DDA or OPA, commence any action to convey any interest in any portion of the Project Site to Developer unless and until, among other legal requirements and as applicable, (i) CEQA requirements are met and (ii) a DDA or OPA satisfactory to City is first negotiated, executed by Developer, approved by City's Board, in each of their sole discretion, after duly noticed public hearing, and executed by City. The parties each agree to negotiate in good faith to accomplish the objectives described in this ENA. K. DDA or OPA to Supersede this ENA. This ENA will be superseded by the DDA or OPA, if and when the proposed DDA or OPA is executed by Developer and approved by City in the manner required by law, and executed by City. L. City Responsible for CEQA Compliance. City, at Developer's costs, shall be responsible for complying with CEQA in connection with the Project Site and the development of the Project Site. M. Real Estate Commissions. City shall not be liable for any real estate commissions or brokerage fees, which may arise herefrom. City represents it has not engaged a broker, agent or finder in connection with this transaction. Each party agrees to hold harmless the other party from any claim by any broker, agent or finder retained, or claimed to have been retained, by that first party. N. Conflicts of Interest. For the term of this ENA, no member, officer or employee of City, during the term of his or her service with City, shall have any direct or indirect interest in this ENA or obtain any present or anticipated material benefit arising; therefrom. O. Change in Ownership or Control of Developer. Developer understands City is Page 5 entering into this ENA based on the prior experience and qualifications of Developer. Therefore, Developer shall not assign, sell or otherwise transfer any or all of its rights under this ENA to any party not owned, in the majority, or controlled by Developer, without the prior written approval of City, at its sole discretion. P. Indemnity. Developer agrees to and hereby does defend, hold harmless and indemnify City and each of their officers, agents and employees (the "Indemnified Parties") from damages arising from Developer's acts or omissions; provided, that the obligation to defend does not apply to actions arising solely from the Indemnified Parties' acts or omissions; and provided, further, that the obligation to indemnify and hold harmless does not apply to the extent caused by the negligence or willful misconduct of any of the Indemnified Parties. Q. Governing Law. This ENA shall be interpreted and enforced in accordance with the provisions of California law in effect at the time it is executed, without regard to conflicts of laws provisions. R. No Third Party Beneficiaries. City and Developer expressly acknowledge and agree they do not intend, by their execution of this ENA, to benefit any persons or entities not signatory to this ENA; provided, that the parties understand if a DDA or OPA is ultimately entered into, there may be involvement by, or commissions or fees paid to, any brokers representing Developer pursuant to the terms of a separate written agreement between Developer and such brokers. Developer hereby agrees to indemnify, defend and hold harmless the Indemnified Parties from any claim or action brought by or on behalf of any such broker related to their involvement with Developer or for Developer's failure to pay any commissions or fees. No person or entity not a signatory to this ENA shall have any rights or causes of action against either City or Developer arising out of or due to City's or Developer's entry into this ENA. 4. TERMS TO BE NEGOTIATED City and Developer shall meet regularly with each other in order to negotiate a proposed DDA or OPA to include, without limitation, the following provisions: A. A single development plan (scope of development) that is functional, aesthetic, and minimizes conflicts with, and is sensitive to, adjoining and adjacent properties. Architectural and site design issues to be resolved shall include, but not be limited to, acceptable architectural and landscape quality, initial size and maturity of plantings, access and circulation, determination of parcel boundaries, on-site and off-site improvements, Project Site -perimeter treatment, landscaped buffers, parking, signage, lighting, and easements, if applicable. B. The design and configuration of the site plan shall maximize, to the extent reasonably feasible, affordable housing units. Page 6 C. The acquisition procedures that may include use of eminent domain, the time schedule for conveyance, if any, of portions of the Project Site from City, the financing plan, and the cost of the Project Site, D. The timing and conditions precedent for the conveyance, if any, of the Project Site or portions thereof. E. The performance guarantees, amount of liquidated damages, and good faith deposit to be required, if any. The proposed DDA or OPA shall require Developer to pay when due, on all those parcels owned by Developer, all taxes, assessments, and special taxes levied on the Project Site and all debt service on all bonds outstanding from time to time which have a lien or encumbrance on the Project Site. Any deposit under the DDA or OPA shall be returned to Developer upon the completion of the development as evidenced by a Certificate of Completion issued by City. F. A schedule of performance encompassing appropriate and necessary legal, administrative, financial and construction benchmarks to be met by the appropriate party. G. The responsible party to prepare a tract map subdividing or merging the Project Site into parcels as appropriate and necessary. H. The responsible party for all costs associated with the removal or remediation of any potentially hazardous materials from the Project Site and demolition of all improvements on the Project Site. I. Ownership of all plans, drawings and specifications prepared by Developer in the event of termination of the DDA or OPA. J. Operational and maintenance plans for the development, including the parking. K. A financing plan. 5. LIMITATION ON REMEDIES FOR BREACH OR DEFAULT AND RELEASE OF CLAIMS A. Neither party would have agreed to any part of this ENA if it were to be liable to the other party for any amount of monetary damages. Accordingly, both parties acknowledge and agree each party's exclusive right and remedy upon any breach or default of the other party to negotiate in good faith, as set forth in this ENA, is to terminate this ENA or seek specific performance regarding the exclusivity provisions of this ENA, as applicable. The prevailing party in any action brought pursuant to this subparagraph A. shall also be entitled to an award of reasonable attorneys' fees and costs. If this ENA is terminated, then the Good Faith Deposit Page 7 being held by City shall be returned to Developer by City, in accordance with Paragraph 3.A.. B. Each party acknowledges it is aware of the meaning and legal effect of California Civil Code Section 1542, which provides: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him would have materially affected his settlement with the debtor. C. Civil Code Section 1542 notwithstanding, it is the parties' intention to be bound by the limitation on remedies set forth in this Section, and each party hereby releases any and all claims against the other parry for monetary damages or other legal or equitable relief, whether or not such released claims were known or unknown to the releasing party as of its entry into this ENA. Each party hereby waives the benefits of Civil Code Section 1542 and all other statutes and judicial decisions (whether state or federal) of similar effect. City Initials Developer Initials 6. TERMINATION BY CITY City shall have the right to terminate this ENA in the event Developer (a) proposes provisions in the proposed DDA or OPA, which (i) materially vary from those described in this ENA or (ii) describe a development that materially varies from the development generally described in Paragraph 1 of this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Developer's receipt of written notice thereof. 7. TERMINATION BY DEVELOPER Developer shall have the right to terminate this ENA in the event City (a) proposes provisions in the proposed DDA or OPA, which materially vary from those described in this ENA or (b) fails to comply with any provision of this ENA, if same are not corrected within fifteen (15) days after Commission's receipt of written notice thereof. 8. NOTICES. A. Any notice, request, approval or other communication to be provided by either party shall be in writing and dispatched by first class mail, registered or certified mail, postage prepaid, return -receipt requested, or by electronic facsimile transmission followed by delivery of a "hard" copy, or by personal delivery (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), to the Page 8 addresses of City and Developer set forth below. Such written notices, requests, approvals or other communication may be sent in the same manner to such other addresses as either party may from time to time designate. B. Any notice that is transmitted by electronic facsimile transmission followed by delivery of a "hard" copy, shall be deemed delivered upon its transmission; any notice personally delivered (including by means of professional messenger service, courier service such as United Parcel Service or Federal Express, or by U.S. Postal Service), shall be deemed received on the documented date of receipt; and any notice that is sent by registered or certified mail, postage prepaid, return - receipt requested shall be deemed received on the date of receipt thereof. C. If to City: In the case of a notice or communication to City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: Shannon Yauchzee, City Manager E-mail: syauchzee@baldwinpark.com With copies to: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: City Attorney (Tafoya & Garcia) Email: rtafoya@tafoyagarcia.com D. If to Developer: Alex Sanchez, Executive Vice President ROEM Development Corporation 1650 Lafayette Street Santa Clara, CA 95050 Phone: (408) 984-5600 Fax: (408) 984-3111 With copies to: Stephen Emami, Vice President ROEM Development Corporation 1650 Lafayette Street Santa Clara, CA 95050 Phone: (408) 984-5600 Fax: (408) 984-3111 Page 9 9. COUNTERPART ORIGINALS. This ENA may be executed in two (2) counterpart originals which, when taken together, shall constitute but one and the same instrument. 10. ENTIRE AGREEMENT This ENA represents the entire agreement of the parties and supersedes all negotiations or previous agreements between the parties with respect to development of the Project Site. This ENA may not be amended unless agreed as such in writing and certified by the signatures of the parties hereunder. Page 10 11. EFFECTIVE DATE The effective date of this ENA shall be the date it is signed on behalf of City. Dated: APPROVED AS TO FORM: TAFOYA & GARCIA, General Counsel Dated: July 17, 2019 Page 11 THE CITY OF BALDWIN PARK By: Shannon Yauchzee, Chief Executive Officer ROEM DEVELOPMENT CORPORATION, a California Corporation By: Alex Sanchez, Executive Vice President EXHIBIT A PROJECT SITE MAP TOTAL AVAILABLE PROJECT AREA 1 91,006 SF Page 12 t N STAFF REPORT 9 TO: Honorable Mayor and Members of the City Council FROM: Benjamin Martinez, Director of Community Development DATE: July 17, 2019 SUBJECT: Consideration of an Exclusive Negotiation Agreement (ENA) with the RHF Foundation, Inc. for a Proposed Project in Downtown Baldwin Park. SUMMARY The purpose of this staff report is to consider an Exclusive Negotiation Agreement (ENA) for a total of 360 days with the RHF Foundation Inc. (RHFFI), for a potential development project in downtown Baldwin Park. FISCAL IMPACT There is no immediate fiscal impact to the approval of this ENA. RECOMMENDATION Staff recommends the City Council: 1. Approve the proposed ENA with the RHFFI; and 2. Authorize the Mayor to execute the agreement. LEGAL REVIEW The City Attorney has reviewed the attached draft agreement and has approved its form and content. BACKGROUND At the Special Meeting held on June 19th, 2019, staff made a presentation to City Council that provided an overview of three potential new housing developments in the downtown area. All three developers are experienced, reputable and will provide housing opportunities to various household populations in Baldwin Park to supplement the diversity of housing options currently available. These projects will also support the revitalization of the city's downtown transit -oriented area into a vibrant and active urban space. Entering into an ENA with RHFFI will allow the developer to continue refining their proposed project located at Downing and Central Ave., as they receive input from both staff and the community. The following is a project overview: • Location: Intersection of Downing Ave. and Central Ave. • Brief description: Affordable senior units • Proposed range of units: approximately 55 units • Site Control: Yes ALTERNATIVES The City Council may decide not to pursue this ENA. ATTACHMENTS 1. Exclusive Negotiation Agreement (ENA) Attachment 1 Exclusive Negotiation Agreement (ENA) EXCLUSIVE NEGOTIATING AGREEMENT THIS EXCLUSIVE NEGOTIATING AGREEMENT (this "Agreement") is dated as of July 17, 2019 ("Effective Date"), and is entered into by and between the City of Baldwin Park, a public body, corporate and politic ("City"), and RHF Foundation Inc., ("Developer" and collectively with the City, the "Parties"), with reference to the following recitals of fact: RECITALS A. WHEREAS, Developer is in the business of developing and managing senior rental housing in California; and B. WHEREAS, the Developer is the owner of that certain real property containing approximately 0.79 acres, located at the northeast corner of Downing Avenue and Central Avenue, Baldwin Park, California, APNs 8554-002-001 and 8554-002-007, as more specifically described in Exhibit "A" attached hereto ("Site"); C. WHEREAS, City desires to eliminate blight and increase the availability of housing within the City by causing the development on the Site of a senior housing development (the "Project"); and D. WHEREAS, City and Developer desire to negotiate with each other regarding the potential terms and conditions of a future Disposition and Development Agreement ("DDA") between City and Developer. NOW, THEREFORE, in view of the goals and objectives of City relating to providing senior housing in the City and in consideration of the mutual promises of City and Developer set forth in this Agreement, City and Developer agree as follows: 1. Negotiation of DDA. During the Negotiation Period (defined in Section 3) and subject to the terms and conditions of this Agreement, both City and Developer shall proceed diligently and in good faith regarding negotiation and documentation of the potential terms, conditions, covenants, restrictions and agreements of a DDA between them. City and Developer shall generally cooperate with each other and supply such documents and information as may be reasonably requested by the other to facilitate the conduct of the negotiations. Both City and Developer shall exercise reasonable efforts to complete discussions relating to the terms, conditions, covenants, restrictions or agreements of the DDA, all as may be mutually acceptable to both City and Developer in their respective sole and absolute discretion. The exact terms and conditions of the DDA, if any, shall be determined during the course of these negotiations. Nothing in this Agreement shall be interpreted or construed to be a representation or agreement by either City or Developer that a mutually acceptable DDA will be produced from negotiations under this Agreement. Nothing in this Agreement shall impose any obligation on either Party to agree to a definitive DDA in the future. Nothing in this Agreement shall be interpreted or construed to be a guaranty, warranty or representation that any proposed DDA that may be negotiated by City staff and Developer will be approved by the City Council of the City. Developer acknowledges and agrees that City's consideration of any DDA is subject to the sole and absolute discretion of the City Council and any and all legally required public hearings, public meetings, notices, factual findings and other determinations and procedures required by law. City agrees not to solicit any other proposals or negotiate with any other person regarding development of the Site during the Negotiation Period. 2. Developer Acknowledgments. Developer acknowledges and agrees that: (a) under this Agreement, City is not committing itself or agreeing to enter into a DDA or approve any land use entitlements or undertake any other acts or activities; (b) no provision of this Agreement shall be deemed to be an offer by City, nor an acceptance by City of any offer or proposal from Developer, for City to provide any financial or other assistance to Developer for development of the Project or the Site. 3. Negotiation Period. 3.1 Duration. The "Negotiation Period" shall begin on the Effective Date and shall expire on the first anniversary of the Effective Date, unless extended pursuant to Section 4 or earlier terminated pursuant to Section 3.5. 3.2 Preparation of DDA. The City shall prepare and draft a proposed form of a DDA, and the Parties shall meet and confer regularly, in good faith, and jointly negotiate the form and terms of the DDA. The Parties shall use good faith efforts to negotiate and draft a mutually acceptable form of a DDA or before the end of the Negotiation Period. 3.3 Consideration and Approval of a DDA. Upon completion of a DDA which is mutually acceptable to City staff and the Developer, the DDA will be presented to the City Council for approval. The City may be required to prepare a public report, publish public notices, obtain appraisals of real property, and/or prepare documentation and making findings in accordance with the California Environmental Quality Act, if and as required by applicable law. The City Council may, in its sole discretion, approve, approve with modifications, or disapprove the DDA which has been prepared by City staff and the Developer. The parties understand that the City Council is not under any obligation to approve the DDA, in its sole and absolute discretion. 3.4 Termination. This Agreement shall terminate upon the earliest to occur of the following events: (a) the expiration of the Negotiation Period; or (b) the occurrence of an Event of Default under Section 13.1 of this Agreement, subject to all applicable notice and cure periods, unless such breach is expressly waived by the City; or (c) entry into a DDA by both City and Developer. 4. Extension of Negotiation Period. The Negotiation Period may be extended by the mutual written agreement of the Parties for up to a maximum aggregate time period of one hundred eighty (180) days. The City Manager may authorize and enter into agreements for one or more extensions of the Negotiation Period (subject to the limitation in the immediate preceding sentence) and the limitation in Section 3.2, upon receipt of a written extension request and a written report from Developer stating in specific terms the efforts of Developer to date regarding the Project and the DDA and the anticipated steps to be undertaken in the extension period regarding the Project and the DDA. Prior to granting any such extension, City Manager shall consider the efforts made by Developer under and pursuant to the terms and conditions of this Agreement and to negotiate in good faith regarding a future DDA with City for the Project. Any agreement to any requested extension pursuant to this Section 4 shall be in sole and absolute discretion of the City Manager. 5. DDA Provisions. 5.1 Essential Terms and Conditions. The DDA shall include provisions addressing all of the following described subjects: 5.1.1 2 5.1.2 Developer Compliance with Laws. Developer shall comply with the requirements of all applicable City ordinances, resolutions, regulations or other laws or approvals in all aspects (planning, design, construction, management and occupancy) of developing and operating the Project on the Site. 7. Costs and Expenses. All fees or expenses of engineers, architects, financial consultants, legal, planning or other consultants or contractors, retained by Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review, planning or design activities, drawings, specifications or other activity or matter relating to the Site or the Project or negotiation or documentation of a future DDA that may be undertaken by Developer during the Negotiation Period, pursuant to or in reliance upon this Agreement or in Developer's discretion, regarding any matter relating to this Agreement, a future DDA, the Site or the Project, shall be the sole responsibility of and undertaken at the sole cost and expense of Developer and no such activity or matter shall be deemed to be undertaken for the benefit of, at the expense of or in reliance upon City. Developer shall also pay all fees, charges and costs, make all deposits and provide all bonds or other security associated with the submission to and processing by the City of any and all applications and other documents and information to be submitted to the City by Developer pursuant to this Agreement or otherwise associated with the Project or the Site. 8. No City Approval. Nothing in this Agreement, nor any comments provided by City staff, nor any failure of City staff to provide comments to any submittal under or pursuant to this Agreement shall: (1) modify or replace any land use entitlement process of either the City applicable to the Project, (2) limit the police power land use jurisdiction of either the City relative to the Project, (3) constitute an approval of all or any portion of the Project by the City pursuant to the police power land use jurisdiction of either the City or (4) constitute any approval of all or any portion of a future DDA with Developer by the City. 9. City Due Diligence. City reserves the right to reasonably obtain further information, data and commitments to ascertain the ability and capacity of Developer to develop and operate the Site or the Project. Developer acknowledges that Developer may be requested to make certain financial disclosures to City, City staff, legal counsel or other consultants, as part of the financial due diligence investigations of City relating to the development of the Project on the Site by Developer and that any such disclosures may become public records. City shall maintain the confidentiality of financial information of Developer to the extent allowed by law, as determined by the City Attorney for the City. 10. Developer Indemnity. Developer shall indemnify, defend and hold harmless City, and the elected and appointed officials, officers, agents and employees of City (individually or collectively, an "Indemnified Party") against any and all losses arising out of any claim, demand or cause of action, or any action or other proceeding, whether meritorious or not, arising through Developer, Developer's contractors or employees and brought or asserted against any Indemnified Party that relates to or arises out of: (i) property damage or bodily injury or death of any person in connection with this Agreement; (ii) entry upon the Site by Developer, its contractors or employees; (iii) any inspection of the Site by Developer, its contractors or employees; or (iv) the preparation of any report or plans commissioned by Developer; provided, however, that no Indemnified Party shall be entitled to indemnification under this Section 10 for matters caused by such Indemnified Party's gross negligence, willful misconduct or illegal act or for any matter arising from the discovery of any pre-existing condition upon the Site. In the event any action or proceeding is brought against an Indemnified Party by reason of a claim arising out of any loss for which Developer is obligated to indemnity, defend or hold harmless the Indemnified Party, and 3 upon written notice from such Indemnified Party, Developer shall, at Developer's sole expense, answer and otherwise defend such action or proceeding. The provisions of this Section 10 shall survive the expiration or termination of this Agreement. 11. Developer Insurance. 11.1 Types of Insurance. In the event that Developer desires to exercise its rights to inspect the Site pursuant to Section 6 hereof, and without in any way limiting Developer's indemnification obligations under this Agreement, subject to the other provisions of this Section 11 and subject to approval by City of the insurers and policy forms, Developer shall obtain and maintain, at Developer's expense, the following insurance throughout the Negotiation Period: 11.1.1 Liability Insurance. "Liability Insurance" means and refers to commercial general liability insurance against claims for bodily injury, personal injury, death, or property damage occurring upon, in, or about the Site or adjoining streets or passageways, at least as broad as Insurance Services Office Occurrence Form CG0001, with a minimum liability limit of Two Million Dollars ($2,000,000) for any one occurrence and which may be provided through a combination of primary and excess or umbrella insurance policies. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Site or the general aggregate limit shall be twice the required minimum liability limit for any one occurrence. 11.2 Nature of Insurance. All Liability Insurance policies this Agreement requires shall be issued by carriers that: (a) are listed in the then current "Best's Key Rating Guide—Property/Casualty-United States & Canada" publication (or its equivalent, if such publication ceases to be published) with a minimum financial strength rating of "A-" and a minimum financial size category of "VII"; and (b) are authorized to do business in the State of California by the State of California Department of Insurance. Developer may provide any insurance under a "blanket" or "umbrella" insurance policy through its own policy or that of any applicable affiliates, provided that: (i) such policy or a certificate of such policy shall specify the amount(s) of the total insurance allocated to the Site, which amount(s) shall equal or exceed the amount(s) required by this Agreement; and (ii) such policy otherwise complies with the insurance requirements in this Agreement. 12. Restrictions Against Change in Ownership Management or Control of Developer; Assignment of Agreement. 12.1 Developer Assignment. City and Developer acknowledge and agree that City is entering into this Agreement with Developer on the basis of the particular experience, financial capacity, skills and capabilities of Developer. This Agreement is personal to Developer and is not assignable without the prior written consent of City, which may be given, withheld or conditioned in City's sole and absolute discretion. Notwithstanding the foregoing, Developer may assign its rights under the DDA to an Affiliate of Developer. 12.2 Definitions. For the purposes of this Agreement, the term "Affiliate" means any person, directly or indirectly, controlling or controlled by or under common control with Developer, whether by direct or indirect ownership of equity interests, by contract, or otherwise. 13. Developer Events of Default and City Remedies. 13.1 Developer Events of Default. The occurrence of any of the following shall constitute an "Event of Default" on the part of Developer under this Agreement: 4 13.1.1 Misrepresentation. Any material breach of any representation or warranty made by Developer in this Agreement that is not cured within thirty (30) days after written notice from City to Developer of such breach. 13.1.2 Unauthorized Assignment. Any assignment or attempted assignment by Developer in violation of Section 12 that is not cured within thirty (30) days after written notice from City to Developer of such breach. 13.1.3 Insurance. Failure of Developer to procure or maintain any of the insurance coverage required by this Agreement resulting in a lapse in required insurance coverage which lapse is not cured within ten (10) days after written notice of such breach from City to Developer. 13.2 City Remedies. If there is an Event of a Default by Developer, City may, in City's sole and absolute discretion, terminate this Agreement by delivering written notice of termination to Developer. Upon any such termination, neither Party shall have any further rights or obligations to the other under this Agreement, except obligations that expressly survive termination of this Agreement. 14. Developer Representations and Warranties. Developer represents, warrants and covenants to and for the benefit of City, as of the Effective Date and at all times during the Negotiation Period, as follows: 14.1 Valid Existence; Good Standing; Joint Venture Relationships. Developer is a limited liability company duly organized and validly existing under the laws of the State of California. Developer has all requisite power and authority to own its property and conduct its business as presently conducted. Developer has made all filings and is in good standing in the jurisdiction of the State of California. 14.2 Authority. Developer has all requisite power and authority to enter into and perform this Agreement. 14.3 No Limitation on Ability to Perform. Neither Developer's certificate of formation nor any other organizational document regarding Developer in any way prohibits, limits or otherwise affects the right or power of Developer to enter into or perform this Agreement. Developer is not a party to or bound by any contract, agreement, indenture, trust agreement, note, obligation or other instrument that could prohibit, limit or otherwise affect Developer's entry into or performance of this Agreement. To the best of Developer's knowledge, no consent, authorization or approval of, or other action by, and no notice to or filing with, any governmental authority, regulatory body or any other person or entity is required for the due execution, delivery or performance by Developer of this Agreement or any of the terms or covenants contained in this Agreement. There is no pending or threatened suit or proceeding or undischarged judgment affecting Developer before any court, governmental agency, or arbitrator that might materially adversely affect the enforceability of this Agreement, the ability of Developer to perform the transactions contemplated by this Agreement or the business, operations, assets or condition of Developer. 14.4 Valid Execution. The execution and delivery of this Agreement by Developer have been duly and validly authorized by all necessary action of Developer and others. This Agreement will be a legal, valid and binding obligation of Developer, enforceable against Developer in accordance with its terms. Developer will provide to City upon request a written resolution of Developer's members authorizing Developer's entry into and performance of this Agreement. 15. Notices. A notice or communication under this Agreement by either Party to the other shall be sufficiently given or delivered, if in writing and delivered by messenger, overnight air courier or registered or certified first class mail with return receipt requested (for U.S. mailings) to the appropriate Party at its address as follows: In the case of a notice or communication to City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: City Manager E-mail: syauchzee@baldwinpark.com With copies to: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: City Attorney Email: rtafoya@tafoyagarcia.com And in the case of a notice or communication sent to Developer: RHF Foundation Inc. Dr. Laverne R. Joseph President and CEO 911 N. Studebaker Road Long Beach, CA 90815 Any mailing address may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. 16. General Provisions. 16.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both City and Developer. 16.2 Severability. If any provision of this Agreement, or its application to any person or circumstance, is held invalid by any court, the invalidity or inapplicability of such provision shall not affect any other provision of this Agreement or the application of such provision to any other person or circumstance, and the remaining portions of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so modified by and in response to such invalidation would be unreasonable or grossly inequitable under all of the circumstances or would frustrate the fundamental purposes of this Agreement. Without limiting the foregoing, in the event that any applicable federal or state law prevents or precludes compliance with any 2 material term of this Agreement, the Parties shall promptly modify, amend or suspend this Agreement, or any portion of this Agreement, to the extent necessary to comply with such provisions in a manner which preserves to the greatest extent possible the benefits to each of the Parties to this Agreement. However, if such amendment, modification or suspension would deprive City or Developer of the substantial benefits derived from this Agreement or make performance unreasonably difficult or expensive, then the affected Party may terminate this Agreement upon written notice to the other Party. In the event of such termination, neither Party shall have any further rights or obligations under this Agreement except as otherwise provided herein. 16.3 Non -Waiver. No waiver made by either Party with respect to the performance, or manner or time of performance, or any obligation of the other Party or any condition to its own obligation under this Agreement will be considered a waiver with respect to the particular obligation of the other Party or condition to its own obligation beyond those expressly waived, to the extent of such waiver, or a waiver in any respect in regard to any other rights of the Party making the waiver or any other obligations of the other Party. 16.4 Non -Liability. No member, official, agent or employee of City will be personally liable to Developer, or any successor in interest (if and to the extent permitted under this Agreement), in an event of default by City or for any amount that may become due to Developer or successor or on any obligations under the terms of this Agreement. No director, officer, agent, member or employee of Developer will be personally liable to City in an event of default by Developer or for any amount that may become due to City or on any obligations under the terms of this Agreement. 16.5 Successors and Assigns; Third Party Beneficiary. This Agreement shall inure to the benefit of and bind the respective successors and assigns of City and Developer, subject to the limitations on assignment by Developer set forth in Section 12. This Agreement is for the exclusive benefit of the Parties to this Agreement and not for the benefit of any other person and shall not be deemed to have conferred any rights, express or implied, upon any other person. 16.6 Governing Law. City and Developer acknowledge and agree that this Agreement was negotiated, entered into and is to be fully performed in the City. City and Developer agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the substantive and procedural laws of the State of California, without application of conflicts or choice of laws principles. 16.7 Compliance with Law. Developer acknowledges that any future DDA, if approved by the City Council, will require Developer (among other things) to carry out the development of the Project on the Site in conformity with all applicable laws, including all applicable building, planning and zoning laws, environmental laws, safety laws and federal and state labor and wage laws. 17. Interpretation of Agreement. No inference in favor of or against any Party shall be drawn from the fact that such Party has drafted any part of this Agreement. The Parties have both participated substantially in the negotiation, drafting, and revision of this Agreement, with advice from legal and other counsel and advisers of their own selection. A word, term or phrase defined in the singular in this Agreement may be used in the plural, and vice versa, all in accordance with ordinary principles of English grammar, which shall govern all language in this Agreement. The words "include" and "including" in this Agreement shall be construed to be followed by the words: "without limitation." Each collective noun in this Agreement shall be interpreted as if followed by the words "(or any part of it)," except where the context clearly VA requires otherwise. Every reference to any document, including this Agreement, refers to such document, as modified from time to time (excepting any modification that violates this Agreement), and includes all exhibits, schedules, addenda and riders to such document. The word "or" in this Agreement includes the word "and." Every reference to a law, statute, regulation, order, form or similar governmental requirement refers to each such requirement as amended, modified, renumbered, superseded or succeeded, from time to time. Headings at the beginning of each section or sub -section of this Agreement are solely for the convenience of reference of City and Developer and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to this Agreement, unless otherwise specified. 17.1 Entire Agreement. This Agreement (including the attachments and exhibits) contains all of the representations of and the entire agreement between the Parties with respect to the subject matter of this Agreement. Any prior correspondence, memoranda, agreements, warranties or representations relating to such subject matter are superseded in total by this Agreement. No prior drafts of this Agreement or changes from those drafts to the signed version of this Agreement shall be introduced as evidence in any litigation or other dispute resolution proceeding by either Party or any other person and no court or other body shall consider those drafts in interpreting this Agreement. 17.2 Time for Performance. 17.2.1 Expiration. All performance, expiration or termination dates (including cure dates) in this Agreement (including the attached Schedule of Performance) expire at 5:00 p.m., Pacific Time, on the specified date. 17.2.2 Weekends and Holidays. A date that falls on a Saturday, Sunday or City holiday is deemed extended to the next day on which the City is open for performance of general City functions with regular City personnel. 17.2.3 Days for Performance. All periods for performance specified in this Agreement in terms of days shall be calendar days, and not business days, unless otherwise expressly provided in this Agreement. 17.2.4 Time of the Essence. Time is of the essence with respect to each provision of this Agreement. 17.3 Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 17.4 Approvals and Consents. Unless this Agreement otherwise expressly provides or unless applicable law requires otherwise, all approvals, consents or determinations to be made by or on behalf of (excluding amendments to this Agreement): (i) City under this Agreement shall be made by the City Manager, who may require City Council approval of any such matter; and (ii) Developer under this Agreement shall be made by Bob Fard ("Developer Representative") or such other employee or agent of Developer as Developer may designate by written notice to City to act as Developer Representative for a particular matter. Unless otherwise provided in this Agreement, whenever approval, consent or satisfaction is required of a Party pursuant to this Agreement, it shall not be unreasonably withheld, conditioned or delayed and any reasons for disapproval shall be stated in reasonable detail in writing. Approval by Developer or City of any act or request by the other shall not be deemed to waive or render unnecessary approval of any similar or subsequent acts or requests. 17.5 Survival. Notwithstanding anything to the contrary in this Agreement, each indemnity obligation under this Agreement shall survive expiration or termination of this Agreement. Further all other obligations under this Agreement that arise and were not satisfied before expiration or termination of this Agreement shall survive any expiration or termination of this Agreement. 17.6 Non -Discrimination. Developer covenants by and for itself and its successors or assigns, and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the following conditions: 17.6.1 Standards. That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Site nor shall Developer, itself, himself or herself, or any person claiming under or through it, him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, subtenants, sublessees, or vendees in the Site. 17.7 Relationship of the Parties. The subject of this Agreement is a private development with neither Party acting as the agent of the other Party in any respect. None of the provisions in this Agreement shall be deemed to render City a partner in Developer's business, or joint venturer or member in any joint enterprise with Developer. 0 Signature Page TO EXCLUSIVE NEGOTIATING AGREEMENT IN WITNESS WHEREOF, City and Developer have signed and entered into this Agreement as of the Effective Date by and through the signatures of their respective authorized representative(s), as follow: CITY OF BALDWIN PARK: Manuel Lozano, Mayor Shannon Yauchzee, CEO APPROVED AS TO FORM: Robert N. Tafoya, City Attorney ATTEST: Jean M. Ayala, City Clerk RHF Foundation, Inc. By: Dr. Laverne R. Joseph, President and CEO 10 EXHIBIT "A" TO EXCLUSIVE NEGOTIATING AGREEMENT Legal Description of Site To be attached before execution 10 STAFF REPORT �---� TO: Honorable Mayor and Members of the City Council gALD{v� . . j°% Hu of/�A FROM: Benjamin Martinez, Director of Community Development !Z - T E' ✓ 9�1� DATE: July 17, 2019 �SA/NGA KIEL E� y^ SUBJECT: Consideration of an Exclusive Negotiation Agreement (ENA) ' OJAW with Olson Urban Housing, LLC for a Proposed Project in Downtown Baldwin Park. SUMMARY The purpose of this staff report is to consider an Exclusive Negotiation Agreement (ENA) for a total of 360 days with Olson Urban Housing, LLC (Olson Company), for a potential development project in downtown Baldwin Park. FISCAL IMPACT There is no immediate fiscal impact to the approval of this ENA. RECOMMENDATION Staff recommends the City Council: 1. Approve the proposed ENA with the Olson Company; and 2. Authorize the Mayor to execute the agreement. LEGAL REVIEW The City Attorney has reviewed the attached draft agreement and has approved its form and content. BACKGROUND At the Special Meeting held on June 19th, 2019, staff made a presentation to City Council that provided an overview of three potential new housing developments in the downtown area. All three developers are experienced, reputable and will provide housing opportunities to various household populations in Baldwin Park to supplement the diversity of housing options currently available. These projects will also support the revitalization of the city's downtown transit -oriented area into a vibrant and active urban space. Entering into an ENA with the Olson Company will allow the developer to continue refining their proposed project located at Laurens Ave. and Morgan St., as they receive input from both staff and the community. The following is a project overview: • Location: Vacant parking lot at the intersection of Laurens Ave. and Morgan St. • Brief description: Attached market rate units • Proposed range of units: 14-24 units • Site Control: No ALTERNATIVES The City Council may decide not to pursue this ENA. ATTACHMENTS 1. Exclusive Negotiation Agreement (ENA) Attachment 1 Exclusive Negotiation Agreement (ENA) EXCLUSIVE NEGOTIATING AGREEMENT THIS EXCLUSIVE NEGOTIATING AGREEMENT (this "Agreement") is dated as of July 17, 2019 ("Effective Date"), and is entered into by and between the City of Baldwin Park, a public body, corporate and politic ("City"), and Olson Urban Housing, LLC, a Delaware limited liability company ("Developer" and collectively with the City, the "Parties"), with reference to the following recitals of fact: RECITALS A. WHEREAS, Developer is in the business of developing and managing rental and for sale housing in California; and B. WHEREAS, City is the owner of that certain real property containing approximately 0.69 acres, located at the southeast corner of Laurens Avenue and Morgan Street, Baldwin Park, California, APN 8544-020-091, as more specifically described in Exhibit "A" attached hereto ("Site"); C. WHEREAS, City desires to eliminate blight and increase the availability of housing within the City by causing the development on the Site of a for sale housing development (the "Project"); D. WHEREAS, City desires that the Developer make best efforts to acquire additional privately -held lands to expand the project; and E. WHEREAS, City and Developer desire to negotiate with each other regarding the potential terms and conditions of a future Disposition and Development Agreement ("DDA") between City and Developer for Developer to acquire the Site from the City and develop the Project on the Site, in accordance with the terms and conditions of said agreements. NOW, THEREFORE, in view of the goals and objectives of City relating to providing affordable housing in the City and in consideration of the mutual promises of City and Developer set forth in this Agreement, City and Developer agree as follows: 1. Negotiation of DDA. During the Negotiation Period (defined in Section 3) and subject to the terms and conditions of this Agreement, both City and Developer shall proceed diligently and in good faith regarding negotiation and documentation of the potential terms, conditions, covenants, restrictions and agreements of a DDA between them. City and Developer shall generally cooperate with each other and supply such documents and information as may be reasonably requested by the other to facilitate the conduct of the negotiations. Both City and Developer shall exercise reasonable efforts to complete discussions relating to the terms, conditions, covenants, restrictions or agreements of the DDA, all as may be mutually acceptable to both City and Developer in their respective sole and absolute discretion. The exact terms and conditions of the DDA, if any, shall be determined during the course of these negotiations. Nothing in this Agreement shall be interpreted or construed to be a representation or agreement by either City or Developer that a mutually acceptable DDA will be produced from negotiations under this Agreement. Nothing in this Agreement shall impose any obligation on either Party to agree to a definitive DDA in the future. Nothing in this Agreement shall be interpreted or construed to be a guaranty, warranty or representation that any proposed DDA that may be negotiated by City staff and Developer will be approved by the City Council of the City. Developer acknowledges and agrees that City's consideration of any DDA is subject to the sole and absolute discretion of the City Council and any and all legally required public hearings, public meetings, notices, factual findings and other determinations and procedures required by law. City agrees not to solicit any other proposals or negotiate with any other person regarding development of the Site during the Negotiation Period. 2. Developer Acknowledgments. Developer acknowledges and agrees that: (a) under this Agreement, City is not committing itself or agreeing to enter into a DDA or undertake any exchange, sale, lease or other transfer of real property, any disposition of any real property interests to Developer, approve any land use entitlements or undertake any other acts or activities; (b) no provision of this Agreement shall be deemed to be an offer by City, nor an acceptance by City of any offer or proposal from Developer, for City to convey any estate or interest in the Site to Developer or for City to provide any financial or other assistance to Developer for development of the Project or the Site; (c) Developer has not acquired, nor will acquire, by virtue of the terms of this Agreement, any legal or equitable interest in real or personal property from City; (d) further efforts by either Party to perform due diligence, arrange or obtain financing, or carry out other acts in contemplation of the possible acquisition, transfer or development of the Site or the Project shall not be deemed evidence of intent by either Party to be bound by any terms, conditions, covenants, restrictions or agreements relating to acquisition, transfer or development of the Site or the Project. 3. Negotiation Period. 3.1 Duration. The "Negotiation Period" shall begin on the Effective Date and shall expire on the first anniversary of the Effective Date, unless extended pursuant to Section 4 or earlier terminated pursuant to Section 3.5. 3.2 Preparation of DDA. The City shall prepare and draft a proposed form of a DDA, and the Parties shall meet and confer regularly, in good faith, and jointly negotiate the form and terms of the DDA. The Parties shall use good faith efforts to negotiate and draft a mutually acceptable form of a DDA or before the end of the Negotiation Period. 3.3 Consideration and Approval of a DDA. Upon completion of a DDA which is mutually acceptable to City staff and the Developer, the DDA will be presented to the City Council for approval. The City may be required to prepare a public report, publish public notices, obtain appraisals of real property, and/or prepare documentation and making findings in accordance with the California Environmental Quality Act, if and as required by applicable law. The City Council may, in its sole discretion, approve, approve with modifications, or disapprove the DDA which has been prepared by City staff and the Developer. The parties understand that the City Council is not under any obligation to approve the DDA, in its sole and absolute discretion. 3.4 Termination. This Agreement shall terminate upon the earliest to occur of the following events: (a) the expiration of the Negotiation Period; or (b) the occurrence of an Event of Default under Section 13.1 of this Agreement, subject to all applicable notice and cure periods, unless such breach is expressly waived by the City; or (c) entry into a DDA by both City and Developer. 4. Extension of Negotiation Period. The Negotiation Period may be extended by the mutual written agreement of the Parties for up to a maximum aggregate time period of one hundred eighty (180) days. The City Manager may authorize and enter into agreements for one 0) or more extensions of the Negotiation Period (subject to the limitation in the immediate preceding sentence) and the limitation in Section 3.2, upon receipt of a written extension request and a written report from Developer stating in specific terms the efforts of Developer to date regarding the Project and the DDA and the anticipated steps to be undertaken in the extension period regarding the Project and the DDA. Prior to granting any such extension, City Manager shall consider the efforts made by Developer under and pursuant to the terms and conditions of this Agreement and to negotiate in good faith regarding a future DDA with City for the Project. Any agreement to any requested extension pursuant to this Section 4 shall be in sole and absolute discretion of the City Manager. 5. DDA Provisions. 5.1 Essential Terms and Conditions. The DDA shall include provisions addressing all of the following described subjects: 5.1.1 Site Control. The Site shall be purchased from City by Developer, or Developer's permitted assignee, at the fair market value of the Site. 5.1.2 Developer Compliance with Laws. Developer shall comply with the requirements of all applicable City ordinances, resolutions, regulations or other laws or approvals in all aspects (planning, design, construction, management and occupancy) of developing and operating the Project on the Site. 6. License to Enter Site. City authorizes Developer, its contractors, agents and employees to enter the Site for the purpose of performing tests, surveys and inspections, and obtaining data necessary or appropriate to negotiate the PSA/DDA or perform investigations related to the Project; provided, however, Developer shall deliver prior written notice to City of any such entry and written evidence of Developer's satisfaction of all insurance requirements of this Agreement prior to entering the Site. In the case of invasive tests or sampling, City may impose such insurance, indemnification, guaranty and other requirements as City determines appropriate, in its reasonable discretion. 7. Costs and Expenses. All fees or expenses of engineers, architects, financial consultants, legal, planning or other consultants or contractors, retained by Developer for any study, analysis, evaluation, report, schedule, estimate, environmental review, planning or design activities, drawings, specifications or other activity or matter relating to the Site or the Project or negotiation or documentation of a future DDA that may be undertaken by Developer during the Negotiation Period, pursuant to or in reliance upon this Agreement or in Developer's discretion, regarding any matter relating to this Agreement, a future DDA, the Site or the Project, shall be the sole responsibility of and undertaken at the sole cost and expense of Developer and no such activity or matter shall be deemed to be undertaken for the benefit of, at the expense of or in reliance upon City. Developer shall also pay all fees, charges and costs, make all deposits and provide all bonds or other security associated with the submission to and processing by the City of any and all applications and other documents and information to be submitted to the City by Developer pursuant to this Agreement or otherwise associated with the Project or the Site. 8. No City Approval. Nothing in this Agreement, nor any comments provided by City staff, nor any failure of City staff to provide comments to any submittal under or pursuant to this Agreement shall: (1) modify or replace any land use entitlement process of either the City applicable to the Project, (2) limit the police power land use jurisdiction of either the City relative to the Project, (3) constitute an approval of all or any portion of the Project by the City pursuant 3 to the police power land use jurisdiction of either the City or (4) constitute any approval of all or any portion of a future DDA with Developer by the City. 9. City Due Diligence. City reserves the right to reasonably obtain further information, data and commitments to ascertain the ability and capacity of Developer to purchase, lease, develop and operate the Site or the Project. Developer acknowledges that Developer may be requested to make certain financial disclosures to City, City staff, legal counsel or other consultants, as part of the financial due diligence investigations of City relating to the potential sale of the Site and development of the Project on the Site by Developer and that any such disclosures may become public records. City shall maintain the confidentiality of financial information of Developer to the extent allowed by law, as determined by the City Attorney for the City. 10. Developer Indemnity. Developer shall indemnify, defend and hold harmless City, and the elected and appointed officials, officers, agents and employees of City (individually or collectively, an "Indemnified Party") against any and all losses arising out of any claim, demand or cause of action, or any action or other proceeding, whether meritorious or not, arising through Developer, Developer's contractors or employees and brought or asserted against any Indemnified Party that relates to or arises out of: (i) property damage or bodily injury or death of any person in connection with this Agreement; (ii) entry upon the Site by Developer, its contractors or employees; (iii) any inspection of the Site by Developer, its contractors or employees; or (iv) the preparation of any report or plans commissioned by Developer; provided, however, that no Indemnified Party shall be entitled to indemnification under this Section 10 for matters caused by such Indemnified Party's gross negligence, willful misconduct or illegal act or for any matter arising from the discovery of any pre-existing condition upon the Site. In the event any action or proceeding is brought against an Indemnified Party by reason of a claim arising out of any loss for which Developer is obligated to indemnity, defend or hold harmless the Indemnified Party, and upon written notice from such Indemnified Party, Developer shall, at Developer's sole expense, answer and otherwise defend such action or proceeding. The provisions of this Section 10 shall survive the expiration or termination of this Agreement. 11. Developer Insurance. 11.1 Types of Insurance. In the event that Developer desires to exercise its rights to inspect the Site pursuant to Section 6 hereof, and without in any way limiting Developer's indemnification obligations under this Agreement, subject to the other provisions of this Section 11 and subject to approval by City of the insurers and policy forms, Developer shall obtain and maintain, at Developer's expense, the following insurance throughout the Negotiation Period: 11.1.1 Liability Insurance. "Liability Insurance" means and refers to commercial general liability insurance against claims for bodily injury, personal injury, death, or property damage occurring upon, in, or about the Site or adjoining streets or passageways, at least as broad as Insurance Services Office Occurrence Form CG0001, with a minimum liability limit of Two Million Dollars ($2,000,000) for any one occurrence and which may be provided through a combination of primary and excess or umbrella insurance policies. If commercial general liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the Site or the general aggregate limit shall be twice the required minimum liability limit for any one occurrence. 11.2 Nature of Insurance. All Liability Insurance policies this Agreement requires shall be issued by carriers that: (a) are listed in the then current "Best's Key Rating 4 Guide—Property/Casualty—United States & Canada" publication (or its equivalent, if such publication ceases to be published) with a minimum financial strength rating of "A-" and a minimum financial size category of "VII"; and (b) are authorized to do business in the State of California by the State of California Department of Insurance. Developer may provide any insurance under a "blanket" or "umbrella" insurance policy through its own policy or that of any applicable affiliates, provided that: (i) such policy or a certificate of such policy shall specify the amount(s) of the total insurance allocated to the Site, which amount(s) shall equal or exceed the amount(s) required by this Agreement; and (ii) such policy otherwise complies with the insurance requirements in this Agreement. 12. Restrictions Against Chance in Ownership, Management or Control of Developer: Assignment of Agreement. 12.1 Developer Assignment. City and Developer acknowledge and agree that City is entering into this Agreement with Developer on the basis of the particular experience, financial capacity, skills and capabilities of Developer. This Agreement is personal to Developer and is not assignable without the prior written consent of City, which may be given, withheld or conditioned in City's sole and absolute discretion. Notwithstanding the foregoing, Developer may assign its rights under the DDA to an Affiliate of Developer. 12.2 Definitions. For the purposes of this Agreement, the term "Affiliate" means any person, directly or indirectly, controlling or controlled by or under common control with Developer, whether by direct or indirect ownership of equity interests, by contract, or otherwise. 13. Developer Events of Default and City Remedies. 13.1 Developer Events of Default. The occurrence of any of the following shall constitute an "Event of Default' on the part of Developer under this Agreement: 13.1.1 Misrepresentation. Any material breach of any representation or warranty made by Developer in this Agreement that is not cured within thirty (30) days after written notice from City to Developer of such breach. 13.1.2 Unauthorized Assignment. Any assignment or attempted assignment by Developer in violation of Section 12 that is not cured within thirty (30) days after written notice from City to Developer of such breach. 13.1.3 Insurance. Failure of Developer to procure or maintain any of the insurance coverage required by this Agreement resulting in a lapse in required insurance coverage which lapse is not cured within ten (10) days after written notice of such breach from City to Developer. 13.2 City Remedies. If there is an Event of a Default by Developer, City may, in City's sole and absolute discretion, terminate this Agreement by delivering written notice of termination to Developer. Upon any such termination, neither Party shall have any further rights or obligations to the other under this Agreement, except obligations that expressly survive termination of this Agreement. 14. Developer Representations and Warranties. Developer represents, warrants and covenants to and for the benefit of City, as of the Effective Date and at all times during the Negotiation Period, as follows: 5 14.1 Valid Existence; Good Standing; Joint Venture Relationships. Developer is a limited liability company duly organized and validly existing under the laws of the State of California. Developer has all requisite power and authority to own its property and conduct its business as presently conducted. Developer has made all filings and is in good standing in the jurisdiction of the State of California. 14.2 Authority. Developer has all requisite power and authority to enter into and perform this Agreement. 14.3 No Limitation on Ability to Perform. Neither Developer's certificate of formation nor any other organizational document regarding Developer in any way prohibits, limits or otherwise affects the right or power of Developer to enter into or perform this Agreement. Developer is not a party to or bound by any contract, agreement, indenture, trust agreement, note, obligation or other instrument that could prohibit, limit or otherwise affect Developer's entry into or performance of this Agreement. To the best of Developer's knowledge, no consent, authorization or approval of, or other action by, and no notice to or filing with, any governmental authority, regulatory body or any other person or entity is required for the due execution, delivery or performance by Developer of this Agreement or any of the terms or covenants contained in this Agreement. There is no pending or threatened suit or proceeding or undischarged judgment affecting Developer before any court, governmental agency, or arbitrator that might materially adversely affect the enforceability of this Agreement, the ability of Developer to perform the transactions contemplated by this Agreement or the business, operations, assets or condition of Developer. 14.4 Valid Execution. The execution and delivery of this Agreement by Developer have been duly and validly authorized by all necessary action of Developer and others. This Agreement will be a legal, valid and binding obligation of Developer, enforceable against Developer in accordance with its terms. Developer will provide to City upon request a written resolution of Developer's members authorizing Developer's entry into and performance of this Agreement. 15. Notices. A notice or communication under this Agreement by either Party to the other shall be sufficiently given or delivered, if in writing and delivered by messenger, overnight air courier or registered or certified first class mail with return receipt requested (for U.S. mailings) to the appropriate Party at its address as follows: In the case of a notice or communication to City: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: City Manager E-mail: syauchzee@baldwinpark.com With copies to: City of Baldwin Park 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attn: City Attorney Email: rtafoya@tafoyagarcia.com R And in the case of a notice or communication sent to Developer: Olson Urban Housing, LLC 3010 Old Ranch Parkway Seal Beach, California 90740-2751 Attention: Todd J. Olson, President Email: tolson(a)-theolsonco.com Any mailing address may be changed at any time by giving written notice of such change in the manner provided above at least ten (10) days prior to the effective date of the change. All notices under this Agreement shall be deemed given, received, made or communicated on the date personal receipt actually occurs or, if mailed, on the delivery date or attempted delivery date shown on the return receipt. 16. General Provisions. 16.1 Amendments. This Agreement may be amended or modified only by a written instrument signed by both City and Developer. 16.2 Severability. If any provision of this Agreement, or its application to any person or circumstance, is held invalid by any court, the invalidity or inapplicability of such provision shall not affect any other provision of this Agreement or the application of such provision to any other person or circumstance, and the remaining portions of this Agreement shall continue in full force and effect, unless enforcement of this Agreement as so modified by and in response to such invalidation would be unreasonable or grossly inequitable under all of the circumstances or would frustrate the fundamental purposes of this Agreement. Without limiting the foregoing, in the event that any applicable federal or state law prevents or precludes compliance with any material term of this Agreement, the Parties shall promptly modify, amend or suspend this Agreement, or any portion of this Agreement, to the extent necessary to comply with such provisions in a manner which preserves to the greatest extent possible the benefits to each of the Parties to this Agreement. However, if such amendment, modification or suspension would deprive City or Developer of the substantial benefits derived from this Agreement or make performance unreasonably difficult or expensive, then the affected Party may terminate this Agreement upon written notice to the other Party. In the event of such termination, neither Party shall have any further rights or obligations under this Agreement except as otherwise provided herein. 16.3 Non -Waiver. No waiver made by either Party with respect to the performance, or manner or time of performance, or any obligation of the other Party or any condition to its own obligation under this Agreement will be considered a waiver with respect to the particular obligation of the other Party or condition to its own obligation beyond those expressly waived, to the extent of such waiver, or a waiver in any respect in regard to any other rights of the Party making the waiver or any other obligations of the other Party. 16.4 Non -Liability. No member, official, agent or employee of City will be personally liable to Developer, or any successor in interest (if and to the extent permitted under this Agreement), in an event of default by City or for any amount that may become due to Developer or successor or on any obligations under the terms of this Agreement. No director, officer, agent, member or employee of Developer will be personally liable to City in an event of default by Developer or for any amount that may become due to City or on any obligations under the terms of this Agreement. 7 16.5 Successors and Assigns; Third Party Beneficiary. This Agreement shall inure to the benefit of and bind the respective successors and assigns of City and Developer, subject to the limitations on assignment by Developer set forth in Section 12. This Agreement is for the exclusive benefit of the Parties to this Agreement and not for the benefit of any other person and shall not be deemed to have conferred any rights, express or implied, upon any other person. 16.6 Governing Law. City and Developer acknowledge and agree that this Agreement was negotiated, entered into and is to be fully performed in the City. City and Developer agree that this Agreement shall be governed by, interpreted under, and construed and enforced in accordance with the substantive and procedural laws of the State of California, without application of conflicts or choice of laws principles. 16.7 Compliance with Law. Developer acknowledges that any future DDA, if approved by the City Council, will require Developer (among other things) to carry out the development of the Project on the Site in conformity with all applicable laws, including all applicable building, planning and zoning laws, environmental laws, safety laws and federal and state labor and wage laws. 17. Interpretation of Agreement. No inference in favor of or against any Party shall be drawn from the fact that such Party has drafted any part of this Agreement. The Parties have both participated substantially in the negotiation, drafting, and revision of this Agreement, with advice from legal and other counsel and advisers of their own selection. A word, term or phrase defined in the singular in this Agreement may be used in the plural, and vice versa, all in accordance with ordinary principles of English grammar, which shall govern all language in this Agreement. The words "include" and "including" in this Agreement shall be construed to be followed by the words: "without limitation." Each collective noun in this Agreement shall be interpreted as if followed by the words "(or any part of it)," except where the context clearly requires otherwise. Every reference to any document, including this Agreement, refers to such document, as modified from time to time (excepting any modification that violates this Agreement), and includes all exhibits, schedules, addenda and riders to such document. The word "or" in this Agreement includes the word "and." Every reference to a law, statute, regulation, order, form or similar governmental requirement refers to each such requirement as amended, modified, renumbered, superseded or succeeded, from time to time. Headings at the beginning of each section or sub -section of this Agreement are solely for the convenience of reference of City and Developer and are not a part of this Agreement. Whenever required by the context of this Agreement, the singular shall include the plural and the masculine shall include the feminine and vice versa. Unless otherwise indicated, all references to sections are to this Agreement. All exhibits referred to in this Agreement are attached to this Agreement, unless otherwise specified. 17.1 Entire Agreement. This Agreement (including the attachments and exhibits) contains all of the representations of and the entire agreement between the Parties with respect to the subject matter of this Agreement. Any prior correspondence, memoranda, agreements, warranties or representations relating to such subject matter are superseded in total by this Agreement. No prior drafts of this Agreement or changes from those drafts to the signed version of this Agreement shall be introduced as evidence in any litigation or other dispute resolution proceeding by either Party or any other person and no court or other body shall consider those drafts in interpreting this Agreement. 17.2 Time for Performance. 8 17.2.1 Expiration. All performance, expiration or termination dates (including cure dates) in this Agreement (including the attached Schedule of Performance) expire at 5:00 p.m., Pacific Time, on the specified date. 17.2.2 Weekends and Holidays. A date that falls on a Saturday, Sunday or City holiday is deemed extended to the next day on which the City is open for performance of general City functions with regular City personnel. 17.2.3 Days for Performance. All periods for performance specified in this Agreement in terms of days shall be calendar days, and not business days, unless otherwise expressly provided in this Agreement. 17.2.4 Time of the Essence. Time is of the essence with respect to each provision of this Agreement. 17.3 Counterparts. This Agreement may be signed in multiple counterparts, each of which shall be deemed an original, but all of which taken together shall constitute one and the same instrument. 17.4 Approvals and Consents. Unless this Agreement otherwise expressly provides or unless applicable law requires otherwise, all approvals, consents or determinations to be made by or on behalf of (excluding amendments to this Agreement): (i) City under this Agreement shall be made by the City Manager, who may require City Council approval of any such matter; and (ii) Developer under this Agreement shall be made by Todd Olson ("Developer Representative") or such other employee or agent of Developer as Developer may designate by written notice to City to act as Developer Representative for a particular matter. Unless otherwise provided in this Agreement, whenever approval, consent or satisfaction is required of a Party pursuant to this Agreement, it shall not be unreasonably withheld, conditioned or delayed and any reasons for disapproval shall be stated in reasonable detail in writing. Approval by Developer or City of any act or request by the other shall not be deemed to waive or render unnecessary approval of any similar or subsequent acts or requests. 17.5 Survival. Notwithstanding anything to the contrary in this Agreement, each indemnity obligation under this Agreement shall survive expiration or termination of this Agreement. Further all other obligations under this Agreement that arise and were not satisfied before expiration or termination of this Agreement shall survive any expiration or termination of this Agreement. 17.6 Non -Discrimination. Developer covenants by and for itself and its successors or assigns, and all persons claiming under or through it, and this Agreement is made and accepted upon and subject to the following conditions: 17.6.1 Standards. That there shall be no discrimination against or segregation of any person or group of persons, on account of any basis listed in subdivision (a) or (d) of Section 12955 of the Government Code, as those bases are defined in Sections 12926, 12926.1, subdivision (m) and paragraph (1) of subdivision (p) of Section 12955, and Section 12955.2 of the Government code, in the sale, lease, sublease, transfer, use, occupancy, tenure, or enjoyment of the Site nor shall Developer, itself, himself or herself, or any person claiming under or through it, him or her, establish or permit any such practice or practices of discrimination or segregation with reference to the selection, location, number, use, or occupancy, of tenants, lessees, subtenants, sublessees, or vendees in the Site. E 17.7 Relationship of the Parties. The subject of this Agreement is a private development with neither Party acting as the agent of the other Party in any respect. None of the provisions in this Agreement shall be deemed to render City a partner in Developer's business, or joint venturer or member in any joint enterprise with Developer. 10 Signature Page TO EXCLUSIVE NEGOTIATING AGREEMENT I IN WITNESS WHEREOF, City and Developer have signed and entered into this Agreement as of the Effective Date by and through the signatures of their respective authorized representative(s), as follow: CITY OF BALDWIN PARK: Manuel Lozano, Mayor APPROVED AS TO FORM: Robert N. Tafoya, City Attorney ATTEST: Jean M. Ayala, City Clerk OLSON URBAN HOUSING, LLC, a Delaware Limited Liability Company IN Shannon Yauchzee, CEO Todd Olson, President Community Development 11 EXHIBIT "A" TO EXCLUSIVE NEGOTIATING AGREEMENT Legal Description of Site To be attached before execution ITEM NO. l I STAFF F t� gpLDW� TO: Honorable Mayor and Members of the City Council o« � U OF,-, FROM: Manuel Carrillo Jr., Director of Recreation & Community Se ' SA °cA tt EL 11'n DATE: July 17, 2019 Zn A EY'j.°y u a�ti� SUBJECT: Waive Formal Bid Procedures for the Purchase of Janitorial Supplies Through the National Intergovernmental Purchasing Alliance SUMMARY The purpose of this report is for the City Council to authorize the procurement of janitorial supplies under the National Intergovernmental Purchasing Alliance (National IPA) for all City facilities as it would be uneconomical to follow purchasing procedures since the supplies are available through an existing award contract and previously completed the bidding process and (ii) the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34 section 37 (A). RECOMMENDATION Staff recommends that the City Council: 1) Find (i) that it would be uneconomical to follow purchasing procedures since the supplies are available through an existing contract with the State and (ii) State previously completed the bidding process and (iii) that the welfare of the public therefore would be promoted by dispensing with the purchasing procedures as allowed in the City's Purchasing Ordinance Chapter 34 section 37 (A); and 2) Approve the procurement of janitorial supplies from Waxie Sanitary Supply; and 3) Authorize Recreation and Community Services Directorto award the contract on a yearly basis, but not to exceed three (3) years as long as vendor continues to offer State pricing; and 4) Authorize Recreation and Community Services Director to expend $27,000 from Account 100- 60-620-53100-00000 and $27,000 from 252-60-620-53100-00000 for a total of $54,000. FISCAL IMPACT The current budget has $54,000 allocated for janitorial supplies in account number 100-60-620-53100- 00000 and 252-60-620-53100-00000, Materials and Supplies. The term of the contract will be for a period of up to three (3) years for as long as vendor continues to offer State pricing. No fiscal impact; expenditures were included in the adopted budget. BACKGROUND At their June 19, 2019 City Council Meeting, City Council approved the Fiscal Year (FY) 2019-2020 budget, which included a line item under Cost Center 620 for the purchase of janitorial supplies for all City facilities. These supplies can be purchased under the National IPA from an authorized supplier at net State cost. Staff is requesting to waive the formal bid process to allow staff to procure with a State authorized supplier as per the City Purchasing Ordinance Chapter 34 section 37 (A) that reads as follows: Whenever the Council finds that the public interest and convenience require, the City may The purchasing ordinance authorizes this "piggyback" since the contract issued under the State already went through a bidding process at the time they were selected and were made an authorized contractor. ALTERNATIVES Provide alternative direction or do not waive the formal bid procedures for the purchasing of janitorial supplies. LEGAL REVIEW None is required. ATTACHMENT None ITEM NO. l STAFF REPO LDwi,�,' TO: Honorable Mayor and Members of the City Council BOF FROM: Manuel Carrillo Jr., Director of Recreation & Community Ses :I y � DATE: July 17, 2019 -4=;ryy SUBJECT: Approval of Addendum for HVAC Maintenance Service JANUP Agreement with Honeywell Building Solutions SUMMARY The purpose of this staff report is to request City Council to approve the Addendum to the existing Service Agreement with Honeywell Building Solutions for heating, ventilation and air conditioning (HVAC) maintenance at all City facilities. RECOMMENDATION Staff recommends that the City Council: 1) Approve Addendum; and 2) Authorize the Mayor to execute the Addendum. FISCAL IMPACT The five (5) year Agreement will result in a gross savings of $99,479 when compared to current Agreement based on the same escalation percentage of the existing Agreement and by combining all the facilities into one (1) Agreement. The cost is included as part of the budget for Fiscal Year 19/20 budget. The revised services will be effective July 1, 2019. BACKGROUND In 2014, the City hired a consultant to negotiate the HVAC maintenance agreement as an area of potential savings. Thus, at their October 15, 2014, City Council Meeting the contract for city-wide HVAC services with Honeywell Building Solutions was presented for consideration and approved with a total savings of $65,451. In 2017, an Energy Efficiency Project replaced eight (8) air conditioning units as well as two new air conditioner units in the gymnasium at the Esther Snyder Community Center. Therefore, an Addendum was approved to the original Agreement at their August 20, 2017 and June 20, 2018 City Council Meetings to remove the Preferred Mechanical Maintenance Service (a full coverage) for the new units. All other services on the Service Agreement remained the same. On July 1, 2018 the City entered into its final year of the agreement which ended June 30, 2019. The proposed negotiated five (5) year Addendum to the original and previously Addendum contracts includes no increase for the first year and a 2.5% escalation every year of the Agreement thereafter. In addition, the new Addendums includes Teen Center and Arts & Recreation Center facilities inadvertently not included in 2014. Combining all the facilities to one (1) Agreement provided leverage to negotiate a lower annual escalating percentage. If approved, the total savings of the two (2) Addendums will generate a net savings of $99,479 over the term of the proposed five (5) year Agreement. Fiscal Year Proposed 5 Year Agreement 19/20 $135,272.00 20/21 $138,653.80 21/22 $142,120.15 22/23 $145,673.15 23/24 $149,314.98 Total $711,034 The savings left the City with more resources that can be used to enhance, sustain or add future valuable services to the community. ALTERNATIVES The City Council may choose not to approve the Addendum and provide direction to staff. LEGAL REVIEW City Attorney has reviewed and approved as to form. ATTACHMENTS 1) Service Contract 40100356 2) Addendum 1a 3) Addendum 1 4) Service Agreement Attachment 1 Service Contract Honeywell Building Solutions SERVICE AGREEMENT Project Name: City of Baldwin Park HVAC, Air Filter, Water Treatment, & EBI Services Proposal Number: 113096 Date: October 3, 2014 Agreement Number: 40100356 (PROVIDER) (CUSTOMER) Honeywell Building Solutions City of Baldwin Park 22 Centerpointe Drive Suite :On 14403 E. Pacific Ave LaPalma, CA 90621 Baldwin Park, CA 91706 Service Location Name: Various: See List of Equipment Service Location Address: Various Scope of Work: HONEYWELL HBS shall provide the following equipment and services ("the Work") in accordance with the attached work scope documents and terms and conditions, which form a part or this Agreement. referred Temperature Control Services lett Temperature Control Services rsfezred Automation Maintenance Services [tx Automation Services m*nvd::Fwe Alarm Maintenance Services im Alarm Test and Inspect Services referred Security System Inspect Services 6101 Security System Services rekrred Mecbanicai Maintenance Services kx.Mecbaaitsl Maintenance Services erviceNet"r Remote Monitoring sad Control Services ®EBI Services Uri ❑On1lne Services no ❑Advanced Support ok Contract Term: (5) years tram the Effective vH Energy Analysis Reporting :r Services 'reatment Services Parts stocking Services Moaltoriog/Radwsics kir Quality Auditing Services Management Software Customer Honeywell (INITIALS) Contract Effective Date: November 1, 2014 Price for Year 1: One hundred five thousand dollars, ($105,000.00), (plus applicable taxes). Payment Terms: Monthly ❑ Safes Tax will be invoiced separately ® Use Tar is m -. ,,.d! d in m, Price ❑ This sale is tax exempt Renewal: The Contract Term will automatically be renewed for consecutive terns of one year unless terminated by either party by the delivery of written notice to the other, at least sixty (60) days prior to the end of such term, or unless terminated as provided herein. 'N 4 -4 - Submitted by HBS: (signature) Name: Mark Spangler Title: Sr. Account Manager Date: October 3, 2014 This proposal is valid for 30 days. Acceptance: This proposal and the pages attached shall become an Agreement in accordance with Article 13 below and only upon signature below by an authorized representative of HONEYWELL and CUSTOMER Accepted by: HONEYWELL BUILDING SOLUTIONS t Signature: Name:— Title: ® L�r LwIWat N� ' ty r Date: IU V- i LA CUSTOMER: ' of Park SIgnature: Name Title: mmok- Date: lZI 5 'rw 14 - Proposal Number 113096 Honeywell Service Agreement Rev -4 Page I of 12 General Terms and Conditions 1. WORKING HOURS Unless otherwise stated, all labor and services under this Agreement will be performed during the hours of 8:00 a.m. -4:30 p.m, local time Monday through Friday, excluding federal holidays. If for any reason Customer requests Honeywell to furnish any labor or services outside ofthe hours of 8:00 a.m. - 4:30 p.m. local time Monday through Friday (or m federal holidays), any overtime or additional expenses, such as repairs or material costs not included in this Agmenera. will be billed to and paid by Customer. 2. TAXES 2.1 Customer agrees to pay the amount of any new or increased taxes or governmental charges upon labor or the production, shipment' sale, installation, or use of equipmem or software which become effective after the date of this taxes do not apply ro transactions covered by this Agreement, Customer shall provide Honeywell with a no, exemption exemption certie acceptable to the app Agreement. If Customer claims any such licable taxing authorities 2.2 Tax -Related Coopention. CUSTOMER agrees to execute any documents and to provide additional reasonable cooperation to HONEYWELL related to HONEYWELL tax filings under Internal Revenue Code Section 179D. HONEYWELL will be designated the sole Section 179D beneficiary. 3. PROPRIETARY INFORMATION 3.1 AF proprietary information (as defined herein) obtained by Customer from Honeywell in connection with this Agreement will remain the property of Honeywell, and Customer will not divulge such infomnatfoa to any third party withan prior wrimm consem of Honeyw IL The term "proprietary information" means written inforouaiim (a mal information reduced to writing), or information in maehbu•readable foto, including but not limited to software supplied to Cnstmmer which Honeywell deems proprietary or confidential and characterizes as proprietary at rhe time of dimlosarc to Customer by marking or labeling the sane "Proprietary "Con(idemial", or "Sensitive". The Customer shall incur no obligations hereunder with respect to proprietary information which: (a) was in the Customer's possession or was known to the Customer Prior 10 its receipt from Hmneyweit (b) is independently developed by the Costumer without the utilization of such confidential information of Honeywell; (c) is or becomes public knowledge through no fault of the Customer, (d) is or becomes available ro the CsWomer from a source oherthm Homeywcll; (e) is or becomes available on an unrestricted basis to a third party from Honeywell or from someone seting under its control; (f) is received by Customer after notiGraiton to Honeywell stmt the Customer will Out accept asy fartherinformation. 3.2 Customer agrees itis Honeywell may use nonproprietary inf nrustion pertaining to the Agreement and the work performed under the Agreement, for press releases, case studies, Liam analysis, Promotional Purposes, and other similar documents or statements to be publicly released, ss long as Honeywell submits any such document or statement to Customer for its approval, which will not be unreasonably withheld. Honeywell may, during and after the tmn of ibis Agreement, compile and ase, and disseminate in anonymous and aggregated form, all data and information misted to building optimization and energy usage obtained in connection with this Agreement. The rights and obligations in this Section 3 shall survive termination ofthis AgreemeoL 4. INSURANCE OBL1GAT M Honeywell shall, at its own expense, carry, and meausin in torte at all titres from the effective data of the Contncttiwugh final completion ofthe wolf the following insurance. It is agreed, bowever, that Honeywell has the right to insure or self -i uum, any ofthe Insmmnce coverages listed below. (a) Commercial General Liability lnsum= to include contractual liability, products/completed operations liability with a combined single limit of USD S5.000,OOD paroownence. Such policy will be wvimen an an occurrence farm basis; (b) If amtnnobiles are used in the execution of the Contract; Automobile Liability Insurance with a minimum combined single limit of USD $5,000,000 per oacutme a Coverage will include all owned• leased, non -owned and hired vehicles. (c) Where aptiNcabla, "All Risk" Property fosumuce. Including Builder's Risk insnmtee, for physical damage to property which is assumed in the Contract (d) Workers' Compensation IssuraneeCovetage A - Suntory limits and Coverage B -Employer's Liabilitylmutanee with limits of USD $1,000.000 for bodily injury each accident or disease. Ptiorto she commencement ofthe Contract. Hmeyweri will furnish evidence ofsaid iowtamx coverage in the Dbrm ofa Memorandum oflnsumace which is ancessible at: bap:pms+dLboneywell.eomimoilliabli"Vds- united.luml. All insurance required in Luis Article wilt be written by companies with a rating of m less than "A-, XII" by A.M- Best or equivalent rating agency. H4oeywe0 will endeavor to provide a thirty (30) day notice of cancellarim or aoa-renewal to the Cuswmtt. Is the evmtthm a self-insuad program is implemented, Honeywell mill provide adequate proof of financial responsibility. S HAZARDOUS SUBSTANCES MOLD AND UNSAFE WORKING CO4DMONS sl Customer bas not observed or received notice from any source (formal or informal) of (a) Hazardous Substances or Mold, either airborne or on or within the walls. Doors, ceilings, heating, vmfiletim Sad air conditioning systems, plumbing systems, structure. and other oompxums ofthe Site. or wWm furniture, fixtures, equipment, containers or pipelines in a Site; or (b) tolxlitow that. to CtutomePa knowledge, migbt cause or promote aceumnladoN concentration, gmw•Ih or dispersion of Hazardous Substances or Mold m or within such locations. 5.2 Honeywell is not tesponsble for determining whether" Covered Equipment "the temperature, htunidity and ventilation staings sued by Customer. we appropriate for Costumier and the Site except as specil eally provided in eco attached Work Scope Documents. s3 If any such materials, situations ordxmditions, wheduerd-nselosed or not. arc in fact discovered by Honeywell washers and provide an tmsafe condition for the performance ofthe wok or Services, the diaeoveryoftbe condition shall conslitote a cause beyond Honeyweirs reasonable control and Honeywell shall have the sight success the work or Services until the use has ben made safe by Custamera Customer's mpsesmmuve, at Cutomer's expose. Honeywell shall have the tight to terminate this Agreement if Customer has no folly remediated the unsafe tatdition within sixty (60) days of discovery. s4 Customer represents thin Customer bum retained Homaywell to discover, inspect; investigate, iderstlk prevent or remediate Hazardous Substances or Moldor eour ifioat mused by Hazardous Substances crMold. M TO THE FULLEST EXTENT ALLOWED BY LAW, CUSTOMER SHALL INDEMNEFY AND HOLD HONEYWELL HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS AND COSTS OF WHATEVER NATURE, INCLUDING BUT NOT LIMITED TO, CONSULTANTS' AND ATTORNEYS' FEES, DAMAGES FOR BODILY INJURY AND PROPERTY DAMAGE, FINES, PENALTIM CLEANUP COSTS AND COSTS ASSOCIATED WITH DELAY OR WORK STOPPAGE, THAT W ANY WAY RESULTS FROM OR ARISES UNDER THE BREACH OF THE REPRESENTATIONS AND WARRANTIES IN THIS SECTION, THE EXISTENCE OF MOLD OR A HAZARDOUS SUBSTANCE AT A SITE, OR THE OCCURRENCE OR EXISTENCE OF THE SITUATIONS OR CONDITIONS DESCRIBED IN THIS SECTION, WHETHER OR NOT CUSTOMER PROVIDES HONEYWELL ADVANCE NOTICE OF THE EXISTENCE OR OCCURRENCE AND REGARDLESS OF WHEN THE HAZARDOUS SUBSTANCE OR OCCURRENCE IS DISCOVERED OR OCCURS THIS INDEMNIFICATION SHALL SURVIVE TERMINATION OF THIS AGREEMENT FOR WHATEVER REASON. 5.6 Customer is responsible for the containment ofany and all refrigerant stored on or about the premises. Customer accepts all responsibility for and agrees to indemnify Honeywell again any and all claims, damages, opuses of action that arise mut sdthe storage• consumption, toss salvor disposal of refrhgetane, except to the extent Honeywell has brought refrigerant onsite and is directly and solely negligent for its mssbmdli a. 6. WARRANTY AND LIMITATION OF LIABILITY 6.1 Honeywell will replace or repair any protium Honeywell provides under this Agreement that faits within the warranty period (one) I year because of defective wokmamhlp or mmerials, except m the extern the Ailoe results from Customer negligence, or fitpo fuer, lighunng, water damage, or any other cause beyond the corral of Honeywell This warranty applies to all products Honeywell provides under this Agmemen; wherhttor not manufacnasd by Honeywell. The warranty is effective as ofthe state of Customer acceptance ofthe product or the date Customer begins beneficial ase ofthe product whichever occurs first - 6.2 THE WARRANTIES SET FORTH HEREIN ARE EXCLUSIVE, AND HONEYWELL EXPRESSLY DISCLAIMS AND CUSTOMER EXPRESSLY WAIVES ALL OTHER WARRANTIES, WHETHER WRITTEN OR ORAL, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED T0, ANY WARRANTY OF WORKMANSHIP, CONSTRUCTION, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECr TO THE SERVICES, EQUIPMENT, AND MATERIALS PROVIDED HEREUNDER. HONEYWELL SHALL NOT BE LIABLE FOR ANY PROPERTY DAMAGE. PERSONAL INJURY, LOSS OF INCOME, EMOTIONAL DISTRESS DEATH, LASS OF USE, LOSS OF VALUE, ADVERSE HEALTH EFFECT OR ANY SPECIAL., INCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ARISING FROM, OR RELATING TO, THIS LIMITED WARRANTY OR ITS BREACH. 63 Honeywell makes no representation or warranty, expess, implied or otherwise. regarding Hazardous Substances or Mold. Honeywell shall have no duty, obligation or liability, all of which Customer expressly waives. for any damage or claim• whether known or unlrnown, imeluding but not limited to property damage. personal Pnjhtry, loss of income, emotional distress, death, loss, of use, loss of value, adverse health effect or any special, consequential, punitive. exemplary or other damages, regardless of whether such damages may be caused by or otherwise, associated wish defects in the Services, in whole or in pan due to or arising from any investigating, testing, mslysig monitoring, cleaning, removal• disposal, ahetemem, remediation, decontamination, repair, replaoemm; relocation, loss of use of building or equipment and systems, or personal injury, death ordisease in any way associated with Hazardous Substances or Mold 7. INDEMNITY Honeywell agrees to indermnify and holdCustomer and itsagems and employees humlen from all claims for bodily injury and propertydsmagesto the extent such claims cesuh from o ariseunder Honeywell's negligentactions or willful misconduct in as performance ofthe Work required under this Agreement, provided that such indemnity obligation is valid only w the extent (O Customer gives Honeywell immediate notice in writing of any such claims and permits Honeywell, through counsel of its choice and Honeywell's sole cost and expense, to answer the claims and defend say related suit and (ii) Customer gives Honeywell all needed information, assistance and authority, at Honeywell's expense, to enable Honeywell to defend such suit. Honeywell is not responsible for any settlement without its written consent. Honeywell is not liable for loss ordamagt caused by the negligence of Customeror any other party orsuch party's employees or agents. This obligation shall survive termination orthis Agreement Nowithstanding the foregoing. Customer agrees that Honeywell will not be responsible for my damages caused by Mold or any other fungus or biological material or agent, including but not limited to property damage, personal injury, ion of income, emotional distress, death, loss of use, loss of value, adverse health effect ormy special, consequential, punitive, exemplary orother damages, regardless of whethcr such damages may be caused by or ohcrwise associated with defects in the Services R LIMITATION OF LIABILITY 3.1 IN NO EVENT SHALL HONEYWELL BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, SPECULATIVE, REMOTE, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, WHETHER ARISING OUT OF OR AS A RESULT OF BREACH OF CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, MOLD, MOISTURE, INDOOR AIR QUALITY, OR OTHERWISE, ARISING FROM, RELATING TO, OR CONNECTED WITH THE SERVICES, EQUIPMENT, MATERIALS, OR ANY GOODS PROVIDED HEREUNDER Proposal Number 113096 Honeywell Service Agreement (Rev. 04111) Page 2 of 12 8.2 NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, IF A PORTION OF THE SERVICES INVOLVES THE INSTALLATION ANDiOR MAINTENANCE OF SYSTEMS ASSOCIATED WITH SECURITY ANDIOR THE DETECTION OFAND/OR REDUCTION OF RISK OF LOSS ASSOCIATED WITH FIRE, HONEYWELL'S TOTAL LIABILITY ARISING OUT OF OR ASA RESULT OF ITS PERFORMANCE UNDER THIS AGREEMENT SHALL NOT EXCEED THE AMOUNT OF THIS AGREEMENT. 9 EXCUSABLE DELAYS Honeywell is rat liable for damages caused by delay or interruption in Services due to fire, flood, corrosive substances in the air, strike, lockout dispute with wortanen, inability to obtain material or services, commotion, war, acts of God. the presence of Hazardous Substances or Mold, or any other cause beyond Honeywell's reasonable control. Should any part cf the system or any Equipment be damaged by fue, water, lightning, acts of God, the presence of t will be paid for by er. in the Hazardous a periodeeor qual to the Gate lou by reason of such delay, and Hond the ney well wintrol of ll be entitled to a overoneywell, any repairs ofrom Customer its reawrmb a costs, ovterrhhead a d pmftttofany such arising fam such delay.lay, date of shipment or performance will be 10. PATENT INDEMNITY vided 10.1 Honeywell shall, at its expense, defend or, m its option, settle any suit that maybe instituted against Customer for alleged infringement armUnited States patents related to the hardwan: or software maoulhiC edce>� are nor by Honeywell under this Agreement ('tbe equppmem" ), provided that a) such alleged infringement consists only in the use of such equipment by itself and Dot as pan at or in combination with, any other devices, parts provided by Honeywell hereunder. b) Customer gives Honeywell immediate Dance in writing of any such suit and permits Honeywell, through counsel of is choice, to answer the charge of infringement and defend such suit, and e) Customer gives Honeywell all needed information, assistance and authority, us Honeywell's expose, to enable Honeywell to defend such suit. 10.2 If such a suit has occurred, or In Honeywell's opinion is likely to occur, Honeywell may, at its election and expenw: a) obtain fbr Customertbe right to continue using such equipment b) replant correct or modify it so that it is ant infringing: or if neither a) or b) is am reasonable thea c) remove stick equipment and gram Customer a credit therefore, as depreciated. 10.3 In the case of a final award of damages in any such shit. Honeywell will pry such award. Honeywell will not however, be responsible for any settlement made without is written consent. 10.4 THIS ARTICLE STATES HONEYWELL'S TOTAL LIABILITY AND CUSTOMER'S SOLE REMEDY FOR ANY ACTUAL OR ALLEGED INFRINGEMENT OF ANY PATENT BY THE HARDWARE MANUFACTURED AND PROVIDED BY HONEYWELL HEREUNDER- IL SOFTWARE LICENSE AB soliwwe provided in connection with this Agreement shall be licensed and not sold. The ed user of the software will be required to sign a license agreement with provisions limiting use of the software to the equipment provided under these specificuions. fmnitingeopy(n& preserving toufidmtiality, and prohibiting transfer to a third party. Licenses ofthis type are standard for computer med equipment of the type covered 4 this AgimmsmL Customer SW be expected to grain Honeywell access to the end user for purposes of obtainingthe necessary software license. 12. DISPUTE RESOLUMN betw With the exception ofany controversy or claim arising out of or relined to the imrallation, monitoring. andfor maintenance of fie andfor security systems, the Parties agree that any controversy tor claim the A n Honeywell anti Cusmmerarisingout of or mlating to this Agreement, or the breach thereat will be settled by arbitotiod in a neutral venue, conducted in scoomantx with the Construction Industry Arbitration Rules of rdeted totbe Association. Any &wird tendered by die arbitrator will be fma1, andjudgment may be entered upon it in accordance with applicable law in any courthaving jurisdioiak thenwE Amy ooninversy installation, monitoring, andfor maintenance of systems associated with security and/or the detection of and/or reduction of risk of loss associated with rue will be resolved in a toot ofcompesent jmisdiction. ]A ACCEPTANCE Tbis proposal and the pages attached shall become an Agreement upon signamm above by Honeywell and CLstomeL The terms and conditions ace oxpresiy limited to the provisions herot including Hoaryrwun's General Terms and Conditions attached hereto, notwithstanding receipt at or acknowledgment by, Honeywell ofany purchase orde . specification, or other doeuniew issued by Customer. Any additional or different terms set fottbor referenced in CLseamer s purchase "der are hereby objected to by Honeywell and shall be deemed a material shetuion of these terms and shall not be a pan of any tewhorg order, 14. MICCELLANEOUS 14.1 This Agreement represents the entire Agreement between Customer and Honeywell fee the Work deactsbed herein and supersedes all prior mgniations, representations orAgmemens between the panics related to *e wock desm'bed herein. 142 None arrive provisions ofthis Appe micat shall be modified, altered, changed or voided by any subsequent Purchase Order or other document unikterally issued by Customer that cotes to die subject matter of" AgmemeaL This Agreement may be amended only by written instrument signed by both Patim 143 This Agreement is governed by the law of rhe Sate where the work is to be perforreed• 14.4 Any provision atpannfthisAgraemottheldtobevoidornomforcembleunderanylawsorregulaGumswillbedeemedstricken,endallremainingpmvisiosvnlleotimetobevalidmilWaftuponHoneywellandCustomer, who agree that this Agreement shelf be relbrmed to replace such stricken provision or part thereof with a valid and enforceable provision that comes u close as possible to expressing the Intention of the stricken provision. 14.5 Customer may rot assign is rights or delegate Its obligations under this Agreemce4 in whole win part without the prior written consent of Honeywell. Honeywell may assign is right to receive payment In a third perry. is, COVERAGE I5.1 Customer agrees to provide seem to all Equipment covered by this Agreement Honeywell will be free to start and stop all primary equipment incidental to the operation of the mechanical, control, automation, and We safety systems) as anmpd with Cts ones represenapive. M it is understood that this is a Labor Only maintumente agreement sail that the repair, replacement and emergency service provisions do not apply to the attached list of covered equipment unless specifically allied naderthe scope of work. 153 Honeywell wig not rained soRvnre, normakempairs"replacement& necessitated by reason ofnegligence ormisuse ofeke Equipment by persons other don Honeywell a its empoyees,w caused by gglimio&ekmiwl>tontn. oraher valent weather or by any other cause beyond Honeywell's control. Honeywell will provide such m services at Customers request and atm additional charge. Cuuomer is enGtied to receive Homeywdl's then ewrerit ptefened- Cusuaner labor rates for such servica. ISA Honeywell may iesten diagnostic device and/or software at Honeywell's expense to enhance system operation and support. Upon termination ofthis Agreement, Honeywell may remove these devices and =1101 the SYSUM to is original operation. Customer agrees to provide, at its sole expense, connection to the switched telephone network for the diagnostic devices anchor software. 15.5 Honeywell will mviety the Services delivered under this Agreement on an annual basis, unless otherwise noted 15.6 This Agreement asoma that the systmts andfor Equipment included in the attached List of Covered Equipment are in maintainable condition. Ifrepairs am necessary upon initial inspection or initial seasmal scot-up, repair charges will be submitted for appront. Should there charges be declined, those ton-moinainable items will be eliminated from coverage underthis Agreement and the price adjusted accordingly. 15.7 in the event that the system or any equipment component thereof is altered, modified, changed or moed, this Agreement maybe immediately adjusted or tensinmed, at HoneyweIrs sok option. HONEYWELL is not msponslbk Cor any damages remhiig frau such aherations, modifications, changes or movement 15.8 Honeywell is not responsible fbrmainaining a supply of, furnishing andloc Depleting lost or needed chlorofluorocarbon (CFC) based refrigerants not otherwise required oder this Agreement. Customer is solely responsible for the eat of material and labor army such refrigemm not otherwise provided for under this Agreement at current market rates. 159 M6mcnana6 repairs, and replacement ofEquipiew Pas and components am limited to restoring to proper working condition. Honeywell is not obligated to provide replacement software, equipment components and/or pans the represent a significant betterment or capital improvement to Cuuomer's system(s) hereunder. 15.10 Unless otherwise specified. Customer realm all responsibility for maintaining LAN.%WANs, leased lines andler other communication mediums incidental or essential to the operation ofthe sYslem(s) orEquipnim found included in the attached List of Covered Equipmmt 15.II Customer will promptlynotifyHoneywetl of any malfunction in the systems) or Equipment covered under this Agreement that comes to Cuu mees attention. 16. TERMS OF PAYMENT 16.1 Subject to Honeywell's approval of Customers credit Ctstomerwill payor cause to be paid to Honeywell the full price for the Services as specified on the fist page of this Agreement Honeywell roll submit would invoices to Customer in advance for Services to be perforated during the subsequent billing period, and payment shalt be due within twenty (20) days afterCustomers receipt of each such invoice. Payments for Services past due more dean five (5) days shall accrue interest from the due date to the clue of payment at the rate of one and one-hairpercent (1.5%) per month, compoonded monthly, ar the highest legal rate than allowed. Customer will pry an attorney and/or collection fees incurred by Honeywell in collecting any pass due amounts. 16.2 Prke AdlyVingnt Honeywell may annually adjust the amounts charged for the Services provided. Proposal Number 113096 Page 3 of 12 Honeywell Service Agreement (Rev. 04/11) 17. TERMINATION 17.1 Customer may terminate this Agreement for cause if Honeywell defaults in the performance of any material term of this Agreement, or fails or neglects to carry forward the Services in accordance with this Agreement, after giving Honeywell written notice of its intent to terminate. If, within thirty (30) days following receipt of such notice. Honeywell fails to cure or perform its obligations, Customer may, by written notice to Honeywell, terminate this Agreement. 17.2 Honeywell may terminate this Agreement for "use (including, but not limited to, Customer's failure to make payments as agreed herein) after giving Customer written notice of its intent to terminate. If, within thirty (30) days following receipt of such notice. Customer fails to make the payments then due, or otherwise fails to cure or perform its obligations. Honeywell may, by written notice to Customer, terminate this Agreement and recover from Customer payment for Services performed and Por losses sustained for materials, tools, construction equipment and machinery, including but not limited to, reasonable overhead, profit and applicable damages. 173 Cancellation -This Agreement may be canceled at Honeywell's option in the event Honeywell equipment on Customer's premises is destroyed or substantially damaged. Likewise, this Agreement may be canceled at Customers option in the event Customers premises are destroyed. to the event of such cancellation, neither party shall be liable for damages or subject to any penalty, except that Customer will rennin Gable for Services rendered m the date of"acervation. M MUNITIONS 1&1 "Hazardous substance^ includes an of the following, whether aamrally oc uning or manufactured, in quantities, conditions or concentrations that have, ere alleged to have, or ere believed m have an adweraa effect on home" health. habitability, of a Site, or the environment: (a) any dangerous, hazardous or toxic pollutant, contaminant, chemical, material or substance defined as hazardous ortoxic was a pollutant or contamhrxnt under state or federal law, and (b) any petroleum product, nuclear fuel of mmuiaL carcinogen, asbestos, mica formaldehyde. foamed-in•plate iesuletion, polyehlorioaud biphenyl (pau), and (c) say other chemical or biological material or org?nism,-dathas, is alleged to have, or is believed to have an adverse effect oo human bealth, habitability of a Site, of the emitonmeat. llt.2 "Mold" means any type or form of fitngus or biologW material or agent, including mold mildew. moisture, yeast and mushrooms, and any mycotoxittx spines. cents. or by-products produced or reldsed by awry of the foregoing. This includes any mlated or my such conCidow caused by third p sties. 1&3 "Covered Equipment" means the equipment covered by the Services to be performed by Honeywell under this Agreement, and is limited to the equipment included in the respective wont scope stmehmerts. IgA "Services' means those services and obligations to be undertaken by Hoa"U in support of, or to maintain, the Covered Equipment. as more fully detailed in the attached workscope document($), which we incorporated herein. Proposal Number 113096 Page 4 of 12 Honeywell Service Agreement (Rev. 04111) ADDENDUM A (FOR PUBLIC ENTTITIES) The following article is hereby incorporated and made a part of the above referenced Agreement as evidenced by the signatures affixed below: ARTICLE 8. Appropriations and Essential Use 8.1 CUSTOMER reasonably believes that sufficient funds can be obtained to make all payments for the initial term, as described in Paragraph 3.1. of the Agreement. CUSTOMER hereby covenants that it shall do all things lawfully within its power to obtain funds from which such payments may be made, including making provisions for such payments, to the extent necessary, in each budget submitted for the purpose of obtaining funding, using its bona fide best efforts to have such portion of the budget approved and exhausting all available administrative reviews and appeals in the event such portion of the budget is not approved. It is CUSTOMER'S intent to make the payments for the initial term if funds are legally available therefor and in that regard CUSTOMER represents that (a) the use of the Equipment and Services is essential to its proper, efficient and economic functioning or to the services that is provided to its citizens; (b) CUSTOMER has an immediate need for and expects to make immediate use of substantially all the Equipment and Services, which need is not -temporary or expected to diminish in the foreseeable future; and (c) the Equipment and Services shall be used by CUSTOMER only for the purpose of performing one or more of its governmental or proprietary functions consistent with the permissible scope of its authority. 8.2. In the event no funds or insufficient funds are appropriated and budgeted for the acquisition, retention or operation of the Equipment and Services under the Agreement, then CUSTOMER shall, not less than sixty (60) days prior to the end of Such applicable fiscal period, in writing, notify HONEYWELL (and its assignee, if any) of such occurrence. The Agreement shall thereafter terminate and be rendered null and void on the last day of the fiscal period for which appropriations were made without penalty, liability or expense to CUSTOMER of any kind, except as to (i) the portions of the payments. herein agreed upon for which funds have been appropriated and budgeted or are otherwise available, and (ii) CUSTOMER'S other obligations and liabilities under the Agreement relating to, accruing or arising prior to such termination. In the event of such termination, CUSTOMER agrees to peaceably surrender possession of any Equipment (provided by HONEYWELL under the Agreement) to HONEYWELL (or its assignee, if any) on the date of such termination, packed for shipment in accordance with manufacturer's specifications and eligible for manufacturer's maintenance, and freight prepaid and insured to any location in the continental United States designated by HONEYWELL, all at CUSTOMER'S expense. HONEYWELL (or its assignee, if any) may exercise all available legal and equitable rights and remedies in retaking possession of any Equipment provided by HONEYWELL under this Agreement. 8.3 Notwithstanding the foregoing, CUSTOMER agrees (a) that if the Agreement is terminated in accordance with the preceding paragraph, CUSTOMER shall not purchase, lease or rent equipment which performs the same functions as, or functions taking the place of, those performed by the Equipment nor shall it contract for any services similar to or that take the place of the Services provided under the Agreement, and shall not permit such functions to be performed by its own employees or by any agency or entity affiliated with or hired by CUSTOMER for the balance of the fiscal period in which such termination occurs or the next succeeding fiscal period thereafter, and (b) that it shall not, during the initial term, give priority in the application of funds to any other functionally similar equipment or services. Except as expressly set forth in this Addendum, all of the terms and conditions of the Agreement remain in full force and effect. Proposal Number 113096 Page 5 of 12 Honeywell Service Agreement (Rev. 04/11) Preferred Mechanical Maintenance Services 1.1 Scope - HONEYWELL will maintain the mechanical systems, components, and hardware listed below: List of Maintained Equipment: Location Qty Description Rating Manufacturer Model City Hall Bldg. 4 Compressor 35 ton I Cooling Tower 140 Ton BAC VNT 125E 2 Boiler 25 HP Ajax WG 1050 1 AHU 20 HP 1 AHU 15 HP 1 AHU 7.5 HP 2 Chilled Water Pump 7.5 HP 2 Condenser Water Pum 7.5 HP 2 Hot Water Pump 3 HP 1 Exhaust Fan .5 HP 1 Exhaust Fan .73 HP 1 Exhaust Fan 5 HP 1 Return Fan .7.5 HP 1 Return Fan 3 HP Data Processing 1 Package Unit 7.5 Ton Electronic Room I Package Unit 4 Ton Print Shop I Package Unit 4 Ton Annex- 2 Package Unit 4 Ton Carrier 48KLA 2 Package Unit 3 Ton Carrier 48KLA36 2 Package Unit 7.5 Ton Carrier 48EGO08B Senior Center 3 Package Unit 3 Ton XXX XXX 2 Pac , e unit 3 Ton Carrier 48HJD004-5 2 Packa a Unit 4 Ton Carrier 48HJD005-5 Senior Dining Hall 2 Package Unit 7.5 Ton Carrier 48HJD008-5 y Center Communit I Package Unit 7.5 Ton Carrier 48DJO07 2 Package Unit 20 Ton Carrier 48DJO24 1 PRLILaLe Unit 25 Ton Carrier 48DJD028 I Packa a Unit 15 Ton Carrier 48DP016 I Packa a Unit 10 Ton Carrier 48DP012 1 Package Unit 7.5 Ton Carrier 48HD008 I Padnp Unit 2.5 Ton Carrier 48NLT018300 1 Package Unit 2.5 Ton Carrier 50QQ030 2 Exhaust Fan 1 HP 8 Exhaust Fan .5 HP 2 Exhaust Fan 1.5 HP I Evaporative Cooler Essick 1 Package Unit 10 Ton Dryotron DS 100 Pool 1 Boiler 24 HP Raypak P0824ABCD 1 Hot Water Pum .33 HP 1 Unit Heater Reznor City Yard 1 Package Unit 5 Ton Carrier 38AE0125 I Package Unit 4 Ton Carrier 48DH006 I Package Unit 4 Ton Carrier 48DC004 1 Unit Heater Carrier 56E5900510 1 Unit Heater Payne 997AW06024 1 Forced Air Heater 111,000 BTU Carrier 58PAV 111-20 1 Condensing Unit 5 Ton Carrier 38HDC060-3 1 Package Unit 5 Ton Carrier 48HJD006-5 I Package Unit 3 Ton Carrier 48HJD004-5 Proposal Number 113096 Page 6 of 12 Honeywell Service Agreement (Rev. 04111) Barnes Park 2 Package Unit 5 Tons Carrier 48]X060 1 Package unit 10 Tons Carrier 48JX024 I Package Unit 2.5 Tons Carrier 487X042 1 Exhaust Fan N/A Cook 100ACE City HaW Police Bldg 1 Split System 4Ton Carrier FB4ANF048/ 38 R048-5 Remote Police Building 1 Heat Pump 3 Ton Trane WDC036C0013C Family Service Center Buildin 3 Forced Air heater 111,000 BTU Carrier 58PAV 111-20 3 Condensing Unit 5 Ton Carrier 38HDC060-3 Teen Center 2 Package Unit 7.5 Tons Carrier 48HJD008 I Package Unit 10 Tons Carrier 48HJD012 I Package Unit 2.5 Tons Carrier 48ONX03004051 2 Exhaust Fan A HP Penn DX08B 2 Exhaust Fan '/a HP Penn DX06B ::::d 1.2 Preventive Maintenance - Each preventive maintenance call will be scheduled by a computer-generated service report detailing the tasks to perform, the skill levels required, and the special tools and instrumentation required to maintain the systems. Maintenance intervals will be determined by either equipment run time or a frequency determined from consideration of equipment operation, application, location, or criticality of end use. Upon completion of each service call, a summary of the preventive maintenance tasks completed will be provided to CUSTOMER. 1.3 Component Replacements - HONEYWELL will maintain CUSTOMER'S presently installed system within the functional limitations of presently installed hardware, firmware, and software found on CUSTOMER'S system(s). HONEYWELL will repair or replace serviceable components and parts found on the List of Covered Equipment that have been found to be defective or have failed. Replaced components will be new or reconditioned components of compatible design as required to maintain CUSTOMER'S system. At HONEYWELL'S sole discretion, marginal components may also be repaired or replaced. These replacements will be based upon commercial availability of parts and/or components. All exchanged parts shall become the property HONEYWELL. Automatic valve and damper maintenance and repair are included in this Agreement. The labor required for their removal and installation is not included. Notwithstanding the foregoing, at initial inspection, at initial seasonal start-up, or following twelve (12) months of service, if any individual component cannot, in the sole or exclusive opinion of HONEYWELL, be properly repaired, due to obsolescence, lack of commercial availability of standard parts, and/or excessive wear or deterioration, HONEYWELL may remove said component from the List of Covered Equipment, with sixty (60) days written notice. Non -maintainable components will be eliminated from coverage under this Agreement and HONEYWELL shall adjust the price accordingly. 1.4 Emergency Service - Activities performed under this Agreement are designed to minimize the incidence of emergency situations. However, should an emergency arise, HONEYWELL personnel will assess the situation either by phone or remote diagnostics, or both, and will determine the required course of action with CUSTOMER. If it is determined that a site visit is required, HONEYWELL personnel will arrive at CUSTOMER site within 4 hours. If the resolution of the emergency service call requires HONEYWELL to provide service for equipment that is not. listed in Article 1.1 above, CUSTOMER will be liable for charges prevailing for such service. Emergency Service will be provided during the following periods during the term of this Agreement (check box for desired level of emergency service coverage): B Continuous Emergency Service: 24 hours per day, seven days per week, federal holidays included ❑ Extended Hours Emergency Service: 12 hours per day, five days per week, federal holidays excluded. Specified hours: 6:00 am. - 6:00 p.m., Monday through Friday. ❑ Regular Business Hours Emergency Service: 8.5 hours per day, five days per week, federal holidays excluded. Specified hours: 8:00 a.m. - 4:30 p.m., Monday through Friday. Proposal Number 113096 Page 7 of 12 Honeywell Service Agreement (Rev. 04/11) 1.5 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. 1.6 Honeywell ServicePortal — HONEYWELL will provide customer access to an Internet -based application that will allow the CUSTOMER to securely submit non -emergency service requests online; view status of all service calls, whether scheduled, open or closed; view appointments and task detail of work performed on contracted service calls; and view contract and equipment coverage details (12 month history and includes only service performed per the HONEYWELL contract). Functionality enhancements or deletions are at the discretion of HONEYWELL. Proposal Number 113096 Honeywell Service Agreement (Rev. 64111) EBI Services 1.1 Scope: Honeywell will provide software and hardware enhancement and support for Customer's Enterprise Building Integrator (EBI) system, which consists of Honeywell Building Manager. The services are more specifically described below. List of Covered Software Drawing numbers and dates if a livable Quantity Software Product Version Product Description L Location Dell PC Number 176470 City Hall - I 410 1 EBI Software City Hall (If software embedded in network hardware is to be covered, include it in the Llst o ove o List of Covered Hardware Quantity Description Model Number Location Refresh Option Yes or No 1 Dell PC I NA City Hall No 1.2 Software Enhancement and Support For software included in the List of Covered Software and originally installed by Honeywell, Honeywell will, on a scheduled basis, (a) evaluate the condition of the software, (b) apply any available updates and upgrades that are applicable to the software (but for third -party software only atter it has been qualified by Honeywell) and that have not been previously applied, (c) perform a system back-up, and (d) save the back-up files. For the same software, Honeywell will apply critical software updates as they become available (but for third -party software only after it has been qualified by Honeywell). Critical software updates are updates that correct a problem that substantially compromises the overall system operation or security. Customer shall not install any software on systems covered by this addendum without Honeywell's written approval. This addendum does not include any services on software installed by others, and Honeywell will not be liable for any damage to any such software installed without Honeywell's written approval that results from these services. 13 Hardware Support For hardware included in the List of Included Hardware and originally furnished by Honeywell, Honeywell will, on a periodic basis, evaluate the performance of the hardware and recommend any enhancements needed to allow the software to perform as specified. If the Refresh Option is selected, Honeywell will replace the listed hardware with new hardware that satisfies the requirements of the upgraded or updated software on or about the two-year anniversary of the initiation of these EBI Software Enhancement and Support Services and on or about any succeeding two-year anniversary, for as long as these services remain in effect. 1.4 Performance Review At Customer's request, Honeywell will, on an annual basis, provide a review of the services provided under this addendum. As part of this review, Honeywell will discuss services provided since the last review, answer questions pertaining to the services, and discuss opportunities to improve performance. Proposal Number 113096 Page 9 of 12 Honeywell Service Agreement (Rev. 04/11) Air Filter Services 1.1 Scope - HONEYWELL will furnish and install air filters appropriate for the design condition of CUSTOMER'S ventilation systems. Media for the fan system units listed in this section will be replaced according to the following schedule: List of Covered Eauiument: 1.2 Coverage - It is understood that the air filter media replacement services apply only to the fan system units listed in Article 1.1 above. If this Agreement is terminated, HONEYWELL will remove any HONEYWELL -supplied frames from the facility, or offer CUSTOMER the opportunity to purchase them at the current market value. 1.3 Frequency of Air Filter Media Replacement - Should filter loading experience indicate a need to adjust the frequency of media changes for the fan systems listed in Article 1.1 above, the frequency will be changed, and the Agreement amended to reflect the new media change frequency. The Agreement price will be adjusted to account for the revised media change frequency. 1.4 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. Proposal Number 113096 Page 10 of 12 Honeywell Service Agreement (Rev. 04111) Changes per year Fan System Unit Quantity Size Type (1,2,4,6, or 12 For Equipment covered in N/A N/A Pleated Media 4 Mechanical List 1.2 Coverage - It is understood that the air filter media replacement services apply only to the fan system units listed in Article 1.1 above. If this Agreement is terminated, HONEYWELL will remove any HONEYWELL -supplied frames from the facility, or offer CUSTOMER the opportunity to purchase them at the current market value. 1.3 Frequency of Air Filter Media Replacement - Should filter loading experience indicate a need to adjust the frequency of media changes for the fan systems listed in Article 1.1 above, the frequency will be changed, and the Agreement amended to reflect the new media change frequency. The Agreement price will be adjusted to account for the revised media change frequency. 1.4 Performance Review - A review of the Services provided within this Agreement will be performed by HONEYWELL on an annual basis at CUSTOMER'S request. HONEYWELL and CUSTOMER will discuss work performed since the last review, answer questions pertaining to Service delivery, and identify opportunities to further improve performance of the Equipment. Proposal Number 113096 Page 10 of 12 Honeywell Service Agreement (Rev. 04111) Water Treatment Services 1.1 Scope - HONEYWELL will provide a water treatment program for the following systems: List of Covered Equipment: Quantity Description Model Number Location 2 Closed Loop Chilled and Hot Water City Hall 1 Open Loop Cooling Tower City Hall 1.2 Preventive Maintenance - A computer -scheduled treatment program for the control of scale, corrosion, and biological fouling will be provided. HONEYWELL will regularly examine, test, and adjust all covered water treatment devices, and will perform periodic water analysis. On systems requiring continuous water analysis, an electronic monitoring system will be installed and maintained. The electronic monitoring system will automate the water analysis process, and adjust chemical feed and bleed interval automatically. 1.3 Supplies and Materials - HONEYWELL will provide and maintain all monitoring equipment, and will supply biodegradable chemicals necessary to maintain proper water treatment. All monitoring and application equipment furnished by HONEYWELL will remain the property of HONEYWELL. 1.4 Emergency Service - Should an emergency related to the function of the Water Treatment Services arise, HONEYWELL personnel will assess the situation either by phone or remote diagnostics, or both, and will determine the required course of action with CUSTOMER If it is determined that a site visit is required, HONEYWELL personnel will arrive at CUSTOMER site within 4 hours. If the resolution of the emergency service call requires HONEYWELL to provide service for equipment that are not listed in Article 1.1 above, CUSTOMER will be liable for charges prevailing for such service. Proposal Number 113096 Page I 1 of 12 Honeywell Service Agreement (Rev. 0411 l) Special Provisions These Special Provisions are incorporated herein by reference and made a part of the Honeywell International Inc., Honeywell Building Solutions - Services Agreement No. 40100356 1. Community Center: Honeywell will convert the existing Y7505 controller to a stand-alone programmable controller by changing firmware. This controller will no longer be remotely monitored by Honeywell. We will program holiday schedules on an annual basis at the customer request. 2. Pricing and Early Termination Fee Schedule: Year Current Annual Price (3% esc) Revised Sell Price Early Term Fee 1 $117,517 $105,000 $14,395 At Month 13 2 $121,043 $110,250 $26,267 At Month 25 3 $124,675 $122,267 $28,795 At Month 37 4 $128,416 $135,594 $21,617 At Month 49 5 $132,269 $150,374 $0 5 Yr Total $623,920 $623,486 5 year Averages $124,7841 $124,697 NOTE: If termination falls between annual renewals early Term Fee will be rorated in accordance with month termination is effective Proposal Number 113096 Page 12 of 12 Honeywell Service Agreement (Rev. 04/11) Attachment 2 Addendum 1 a Honeywell international ADDENDUM Contract/Agreement No(s): 40100356 (Mechanical & EBI Servicers) Customer: City of Baldwin .Park r Address: 7.4403 E. Pacific Ave Baldwin Pack CA 91706 Att» Muria hGm=o 6264MO-MOI ti (</=w :yi111 ,a =MT-6—M-Or"TI—I , l 4. It —7? 11 -17 i 1-1-17 7 i17 11: «y)=ti♦ i..t I. =Z-7-11-17 I -1-r-7, i .L' WjZFopit;4. sg. w. ,7 �. �i� w 1 u. `� •-tire 5 3l�f a....�i ; y *7' V 'C`. a �f -�-3-tWT7. � k r s`t, - y".'.i i„•.-4 tS LI k_ _ t U • dttt �,'-� ri_ • hf�. ' smMlr nadwdunAN44 5-09 Page I of 2 P XMBrr A Change is onty representative of City of Ballwin Park Community Center for Year 4 of Honeywell contract dated October 3, 2014. New pricing on page one of this ]addendum WM be Preventive Maintenance ONLY for Tilt of equipment Mow Additional equtpmerrt added.atCommvnity Center Gym during Year will need to be added to contract to albw for pmventive meirdenanoe; and is iW in the price listed on this Addendum, AC #1 Carrier (6 ton 'gas/elec) model # 48HCDA07, serial # - 2416P32298 AC #2 - Carrier (20 ton.gas/elec) model # - 48HCDD24, serial # 4816P21120 6P21119 AC #3 - Carrier (20 torr gas/elec) model #-A814CDD24, serial # - 48161121120 AC #4 - Carrier 125 ton gas/efec) model #- +48t1C'DM, serial # - 4916PZ1141 AC #5 - Carries (15 ton gas/elec) model # 48HCDD17, serial # - 4816P21096 AC #6: -Carrier (10 ton gas/elec) model # - 48HCDD11, serial # - 4716PBS223 AC #7 Carrier (71/.2 tw.gas/elec). remodel # - 4SHCDD08, serial # - 4416P84380 AC 48-- Carrier (2 ton -heat pump) model # 4&VL-NC240403OTP, serial# - 5016C20511 Pool Dehumidifier- ('20 ton) - DCA Inc. - modetf# - DCABOD T, seriat # -1515B6410 Dehumidifier Heater - Modine - model # - HFP400TMLLN20A1, serial # - 0917091415-6972 Boiler - Raypak - model # - P-09028, serial # 1310366155 Boner Pump - (5hp) - Arautrong - auxlel # H53 -BF Exhaust Fans (11)lfaftus models (Greenheck,-PenniCentral,etc) Sample Addendum/W4-13-M Page 2 of 2 Attachment 3 Addendum 1 'Honeywell International ADDENDUM Contract/Agreement No(s): 40100356 (Mechanical & EBI Services) Customer: City of Baldwin Park Address: 14403 E. Pacific Ave Baldwin Park CA 91706 Attn: Maria Moreno Phone: 626-890-6501 This Addendum No. la dated 05-21-18 is attached to and incorporated by reference into the Contract/Agreement by and between City of Baldwin Park (dated 10-3-14) and Honeywell International Inc., Honeywell Building Solutions. Both parties have hereby agreed to modify the Contract/Agreement as follows: Change from Preferred Mechanical Service (Full Coverage) to Planned Maintenance only at the Community Center. This change will mean that repairs and service calls are no longer covered under the Honeywell contract, at the Gym/Community Center. All other services on the contract stay the same. Any additional equipment installed at the Gym/Community Center after July 1, 2017 will need to be added to contract during beneficial use, if planned maintenance is requested on new equipment. Year 4 of 5 was reduced and now Honeywell and The City of Baldwin Park will amend scope at Gym/Community Center for year 5 of 5 to show PM only (all else to remain the same). Deduct of $15,102.00 shown below for Community Center Only.. Current budget vs. new updated price. • Service Contract Budget Year 5, July 1, 2018 through June 30, 2019: $150,374.00 * Service Contract Year 5 Updated price with Addendum/Scope Chg @ Com Ctr: $135,272.00 NO FURTHER MODIFICATIONS. Except as expressly amended and supplemented hereby, the Contract/Agreement remains in full force & effect. In the event of any conflict between the terms of the Addendum and the terms of the Contract/Agreement, the terms of the Addendum shall prevail. IN WITNESS WHEREOF, the parties hereto have caused this Addendum No. l a to be effective as of the I" day of July 2018. City of $ dwin;Park By: r Title:.,�.— HONEYWELL INTERNATIONAL INC. Hone ve g.6�olua By: Title: ✓''�, Sample Addendum&rd4-15-09 Page 1 of 2 EXHIBIT A Change is only representative of City of Baldwin Park Gym/Community Center for Year 4 & 5 of Honeywell contract dated October 3, 2014. New pricing on page one of this Addendum will be Preventive Maintenance ONLY for list of equipment below. PM only for Gym/Community Center will be in effect during year 4 and 5 of contract year(s). Equipment update @ Gym/Comm Center is as follows: AC #1 Carrier (6 ton gas/elec) model #-48HCDA07, serial # - 2416P32298 AC #2 - Carrier (20 ton gas/elec) model # - 48HCDD24, serial #4816P2 1119 AC #3 - Carrier (20 ton gas/elec) model # - 48HCDD24, serial # - 4816P21120 AC #4 - Carrier (25 ton gas/elec) model # - 48HCDD28, serial # - 4916P21141 AC #5 - Carrier (15 ton gas/elec) model # 48HCDD17, serial # - 4816P21096 AC #6 - Carrier (10 ton gas/elec) model # - 48HCDD11, serial # - 4716P85223 AC #7 - Carrier (7 1/2 ton gas/elec) model # - 48HCDD08, serial # - 4416/384380 AC #8 - Carrier (2 ton heat pump) model # 48VLNC2404030TP, serial # - 5016C20511 AC#9 — Carrier (20 ton gas/elec) model#48TCDD24A2A6DOGO, serial# 2817P28037 AC#10 — Carier (20 ton gas/elec model#48TCDD24A2A6DOGO, serial#2817P28038 Pool Dehumidifier - (20 ton) - DCA inc. - model # - DCA8000T, serial # -1515B6410 Dehumidifier Heater - Modine - model # - HFP400TMLLN20A1, serial # - 0917091415-6972 Boiler - Raypak - model # - P-09026, serial # 1310366155 Boiler Pump - (Shp) - Armstrong - model # H53 -BF Exhaust Fans (11) Various models (G reenh eck, Pen n,Central,etc) Preventive Maintenance @ Gym/Community Center: Honeywell will provide planned preventive maintenance at the Gym/Community Center. Service activities will be planned considering manufacture recommendations and in accordance with Honeywell experience and standards for the "list of covered equipment" above at the Gym/Community Center. This change in the contract is only for Gym/Comm Center, and all other services on the contract remain the same. Upon completion of each service, a summary of the tasks completed will be provided to the customer. If repair requirements on covered equipment are identified during the service, a corrective action plan will be discussed with the customer. Coverage: The addendum to the base agreement/contract included all travel, and living expenses to perform the inspection services described above for the equipment shown above. The costs for labor and travel for repair work, emergency service, comfort calls, service calls, and any replacement materials are not included in this agreement (with this addendum for Gym/Community Center). If emergency service is requested or required, customer will receive a priority response and will be billed at a preferred maintenance labor rate. If necessary equipment repairs are approved, customer will be billed on and Time & Material (T&M) basis, with labor costs reflecting the preferred rate. Sample Addendum/krs/4-15-09 Page 2 of 2 Attachment 4 Service Agreement Honeywell Automation & Control Solutions Honeywell International, Inc. 22 Centetpointe Drive Suite #100 LaPalma, CA 90623 June 11, 2019 Mrs. Maria Moreno City of Baldwin Park 14403 E. Pacific Ave. Baldwin Park, CA 91706 Subject: Amendment of Service Contract 40100356 Dear Mis. Maria Moreno, This letter will serve as an amendment to the maintenance services portion of our service agreement. Coverage and terms & conditions of the original contract remain unchanged. The following proposal is for extension of the annual maintenance for a five-year period. Previous addendums to the list of maintained equipment have been consolidated and is provided in the attached document labeled Exhibit A. The coverage, terms and conditions of this agreement shall coincide with maintenance services as stipulated in our original service agreement No. 40100356 Dated October 3, 2014 and this extension offer. The five-year pricing is as follows: Year 1 (July 1, 2019 — June 30, 2020) - $135,272.00 Year 2 (July 1, 2020 — June 30, 2021) - $138,653.80 Year (July 1, 2021— June 30, 2022) - $142,120.15 Year 4 (July 1, 2022 — June 30, 2023) - $145,673.15 Year 5 (July 1, 2023 — June 30, 2024) - $149,314.98 Please acknowledge your receipt of this letter and sign and return one copy to Honeywell. Honeywell Inc. By. 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July , 2019 SUBJECT: Second Reading of Ordinance No. 1440 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 ESource LLC for the Cultivation and/or Manufacturing of Cannabis at the Real Property Located at 5129 Virginia Avenue (APN 8558-032-031) Within the City of Baldwin Park." SUMMARY This report requests City Council's consideration to approve the Second Reading of Ordinance No. 1440, which authorizes the City of Baldwin Park to enter into a development agreement with ESource LLC. for the cultivation and/or manufacturing of cannabis at the Real Property located at 5129 Virginia Avenue within the city. Ordinance No. 1440 was introduced for first reading during a regular meeting of the City Council on June 19, 2019. RECOMMENDATION Staff recommends that the City Council waive reading and adopt Ordinance No. 1440, 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 ESOURCE LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 5129 VIRGINIA AVENUE (APN 8558-032-031) WITHIN THE CITY OF BALDWIN PARK". FISCAL IMPACT Not Applicable BACKGROUND Ordinance No. 1440 was introduced for first reading during a regular meeting of the City Council held on June 19, 2019. ALTERNATIVES Not Applicable LEGAL REVIEW Not Applicable ATTACHMENTS 1.) Attachment "A" - Ordinance No. 1440 Attachment "A" Ordinance No. 1440 ORDINANCE 1440 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 ESOURCE LLC FOR THE CULTIVATION AND/OR MANUFACTURING OF CANNABIS AT THE REAL PROPERTY LOCATED AT 1529 VIRGINIA AVENUE (APN 8558-032-031) 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 June 12, 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 June 19, 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 June 19, 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 19-01) 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 and further amended by Ordinance 1408) 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 June 12, 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 19th day of June, 2019, and adopted and ordered published at a regular meeting of said Council on the 17th day of July, 2019. PASSED, APPROVED, AND ADOPTED this 17th day of July, 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 ordinance was introduced and placed upon its first reading at a regular meeting of the City Council on June 19, 2019. Thereafter, said Ordinance No. 1440 was duly approved and adopted at a regular meeting of the City Council on July 17, 2019 by the following vote to wit: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: JEAN M. AYALA CITY CLERK DEVELOPMENT AGREEMENT BY AND BETWEEN THE CITY OF BALDWIN PARK AND ESOURCE ARTICLE 1. PARTIES AND DATE. This parties are entering into a Government Code Statutory Development Agreement ("STATUTORY AGREEMENT") and is dated June 5, 2019 for references purposes only and is entered into between (i) the City of Baldwin Park ("City"), a California municipal corporation, and (ii) ESOURCE, a California limited liability company ("Owner"). This Agreement shall become effective on the Effective Date defined in Section 3.1.11 below. ARTICLE 2. RECITALS. 2.1 WHEREAS, the City and ESOURCE wish to enter into Statutory Municipal Development Agreement pursuant to the Government Code; and 2.2 WHEREAS, this Statutory Municipal Development Agreement is promulgated by or through the Government Code and contains necessary elements for a Statutory Government Code Development Agreement; and 2.3 WHEREAS, this Statutory Development Agreement is pursuant to Government Code and is intended to be a Statutory Agreement under and through Government Code Section 65864, et seq.; and 2.4 WHEREAS, the City is authorized pursuant to Government Code Section 65864 et seq. to enter into binding development agreements with persons having legal or equitable interests in real property for the development of such property; and 2.5 WHEREAS, Owner commenced its efforts to obtain approvals and clearances to cultivate and manufacture medical and adult use cannabis in the City; 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 2.6 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 2.7 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 2.8 WHEREAS, all actions taken and approvals given by the City have been duly taken or approved in accordance with all applicable legal requirements for notice, public hearings, findings, votes, and other procedural matters; and 2.9 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 2.10 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 Agreement; and 2.11 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 2.12 WHEREAS, Owner intends to develop a Cannabis Manufacturing and Cultivation Facility or facilities pursuant to the Baldwin Park Municipal Code ("BPMC") Chapter 127 and all applicable state laws, rules, and regulations; and 2.13 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 for each separate authorized use (Manufacturing, Cultivation and Distribution). 2.14 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: -2- 3.1.1 "STATUTORY AGREEMENT" means this Statutory Development Agreement pursuant to Government Code Section 65864 et seq. 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 and/or other entitlements for the Development of the Property, including any and all conditions of approval, subject to approval or issuance by the City in connection with Development of the Property. "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 of 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 -3- use of land, including the permitted use of land, the density or intensity of use, subdivision requirements, the maximum height and size of proposed buildings, the provisions for reservation or Dedication of land for public purposes, and the design, improvement and construction and initial occupancy standards and specifications applicable to the Development of the Property. 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 ESOURCE LLC, a member managed limited liability company. 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 Owner's application 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 up to a total of 22,000 square feet for each separate authorized use (Manufacturing, Cultivation and Distribution). 3.1.18 "Reasonable" means using due diligence to accomplish a stated objective that the subject party is capable of performing or providing under the circumstances in a manner that is consistent with the intent and objectives of the STATUTORY AGREEMENT. 3.1.19 "Reservations of Authority" means the rights and authority excepted from the assurances and rights provided to Owner under this STATUTORY AGREEMENT and reserved to the City as described in Section 4.4. 3.1.20 "Space or Canopy Space" shall mean any space or ground, floor or other surface area (whether horizontal or vertical) which is used during the marijuana germination, seedling, vegetative, pre -flowering, flowering, curing and/or harvesting phases, including without limitation any space used for activities such as growing, planting, seeding, germinating, lighting, warming, cooling, aerating, fertilizing, watering, irrigating, topping, pinching, cropping, curing or drying marijuana or any such space used IN 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 3.1.12that are adopted and effective after the Effective Date of this STATUTORY AGREEMENT. 3.2 Documents. The following documents, 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 Agreement, be carried out only in accordance with the terms of this STATUTORY AGREEMENT and the Development Plan, if any. In the event of conflict or uncertainty between this STATUTORY AGREEMENT and the Development Plan, the provisions of this STATUTORY AGREEMENT shall control. 3.4 Ownership of Property. Owner represents and covenants that it has a legal or equitable interest in the Property, which has an Assessor's Parcel Number of 8558- 032-018 and is more particularly described in the application and document "No. 1" in Section 3.2 and incorporated herein. 3.5 Term. The parties agree that the Term of this STATUTORY AGREEMENT shall be fifteen (15) years commencing on the Effective Date subject to the written extension and early termination provisions described in this STATUTORY AGREEMENT. Upon termination of this STATUTORY AGREEMENT, this STATUTORY AGREEMENT shall be deemed terminated and of no further force and effect, except terms that are expressly stated in this STATUTORY AGREEMENT to survive termination without the need of further documentation from the parties hereto. The STATUTORY 1.1 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 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 Fees to the City. Failure to timely pay the $50,000 towards the police salary or benefits. Failure to pay any fees due to the City under this STATUTORY AGREEMENT. (iv) Failure to move forward in good faith to obtain all necessary permits and approvals in order to get a Certificate of Occupancy and begin operating your business. 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 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 0 (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: Erik Intermill. President 11440 Freer Ave. Arcadia CA 91006 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 or Properties with a commercial cannabis facility in accordance with and to the extent of the Development Plan and/or application. The Property shall remain subject to all Subsequent Development Approvals required to complete the Project as contemplated by the Development Plan and/or application. 4.2 Effect of STATUTORY AGREEMENT on Land Use Regulations. Except as otherwise provided by this STATUTORY AGREEMENT, the rules, regulations and official &A 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, if any, 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, including but not limited to expanding the Project to additional properties up to 22,000 square feet per separate authorized use (Manufacturing, Cultivation and Distribution). The City shall act on such applications, if any, in accordance with the Existing Land Use Regulations, subject to the Reservations of Authority, or except as otherwise provided by this STATUTORY AGREEMENT. If approved, any such change in the Existing Development Approvals shall be considered an additional Existing Development Approval. 4.4 Reservations of Authority. Any other provision of this STATUTORY AGREEMENT to the contrary notwithstanding, the Development of the Property shall be subject to subsequently adopted ordinances, resolutions ("Subsequent Land Use Regulations" or sometimes referred to as "Reservation of Authority") on the following topics: (i) Processing Fees imposed by the City to cover the estimated or actual costs to the City of processing applications for Development Approvals or for monitoring compliance with any Development Approvals granted or issued, which fees are charged to reimburse the City's lawful expenses attributable to such applications, processing, permitting, review and inspection and which are in force and effect on a general basis at such time as said approvals, permits, review, inspection or entitlement are granted or conducted by the City. (ii) Procedural regulations relating to hearing bodies, petitions, applications, notices, findings, records, hearings, reports, recommendations, appeals and any other matter of procedure. (iii) Regulations governing engineering and construction standards and specifications including, any and all uniform codes adopted by the State of California and subsequently adopted by the City. (iv) Regulations which may be in conflict with the Development Plan but which are reasonably necessary to protect the public health and safety; provided, however, the following shall apply: (a) That to the extent possible, such regulations shall be applied and construed so as to provide Owner with the rights and assurances provided in this STATUTORY AGREEMENT; la (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) years from the Effective Date of this STATUTORY AGREEMENT. "Substantial Construction" means the issuance of a building permit in furtherance of the Project. 4.7 Satisfaction of Conditions of Approval. Owner shall comply with any and all conditions of approval for any entitlement, permit, or license it receives from the City. 4.8 Subsequent Entitlements. Prior to commencement of construction of the Project, Owner shall be required to submit applications for any and all subsequent entitlements, if any, consistent with the terms and conditions set forth in this STATUTORY AGREEMENT. 91 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 total for all authorized uses. 5.3 In year two, three and four, the Fee will remain at $10.00 per sq. foot for a total of $220,000 per year. 5.4 At the beginning of year five, Owner will pay a Fee of $12.00 per sq. foot for a total of $264,000 per year. 5.5 The Fee schedule is as follows: The first Fee payment of $110,000 is due six months from the date the STATUTORY AGREEMENT is signed by the Mayor of Baldwin Park. The second and last payment for the first year is due six months after the first payment is made. For the 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 of the respective year. 5.6 The Fee is subject to reassessment by the City every five years. At the end of year five, the City will set a new Fee which will be applied in years 6 through 10. At the end of year 10, the City will set new Fee which will be applied in years 11 through 15. No one factor is dispositive in the City's determination of the new Fee. The Cannabis permit will expire at the close of the 15th year and will require the Owner to reapply with the City for a new permit. If Owner and City cannot agree to a new Fee or Fees by October 5, 2024, this STATUTORY AGREEMENT will automatically terminate on October 5, 2024 without further notice. 5.7 Further, Owner will pay a yearly payment of $50,000 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. -10- This $50,000 amount will be due five working days after the STATUTORY DEVELOPMENT AGREEMENT is signed by the Mayor. Subsequent annual payments will be due on that anniversary date. This fee will be paid each year that the permit is valid. 5.8 Jobs and Wage Creation. 5.8.1 Local Hiring. Owner agrees to use its reasonable efforts to hire qualified City residents for jobs at the Project. Owner shall also use reasonable efforts to retain the services of qualified contractors and suppliers who are located in the City or who employ a significant number of City residents. At least 20 percent of the Project's workforce shall consist of residents of the City. Job announcements shall be posted at City Hall, along with proof that the job announcements were advertised in at least two newspapers published, printed or distributed in the City and on various social media sites accessible to the general public. In addition, Owner shall make a good faith effort to advertise job announcements at local job fairs, on local radio and through public agencies and organizations. 5.9 Development Agreement Administrative Fee Deposit. Owner shall be responsible for all of the City's actual costs associated with processing Development Approvals for the Project including, but not limited to, costs associated with the City's review and processing of the Project, including but not limited to reviewing the Project's entitlements, including all environmental clearance documents, permits, licenses and all documents evidencing compliance with state and local law. Upon approval of the STATUROTY AGREEMENT, within five business days of approval, 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 pickups 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 pickups or drop offs of cannabis or cannabis products into or out of the City of Baldwin Park for any purpose, except by the exclusive distributor. 6.2 Distribution of Cannabis. Owner shall distribute its cannabis and cannabis products only through the City's exclusive distributor. Owner shall cooperate fully with the City's exclusive distributor regarding the accounting for product, revenue and tax collection. 6.3 Owner and the City's exclusive distributor shall reach their own agreement regarding fees for the exclusive distributor's services. -11- ARTICLE 7. REVIEW FOR COMPLIANCE. 7.1 Periodic Review. The City Council shall review this STATUTORY AGREEMENT annually, on or before each anniversary of the Effective Date, in order to ascertain Owner's good faith compliance with this STATUTORY AGREEMENT. During the periodic review, Owner shall be required to demonstrate good faith compliance with all the terms of the STATUTORY AGREEMENT. 7.2 Special Review. The City Council may order a special review of compliance with this STATUTORY AGREEMENT at any time, if the City determines that Owner is in breach of this STATUTORY AGREEMENT. 7.3 Review Hearing. At the time and place set for the review hearing, Owner shall be given an opportunity to be heard. If the City Council finds, based upon substantial evidence, that Owner has not complied in good faith with the terms or conditions of this STATUTORY AGREEMENT, the City Council automatically terminate this STATUTORY AGREEMENT notwithstanding any other provision of this STATUTORY AGREEMENT to the contrary, or modify this STATUTORY AGREEMENT and impose such conditions as are reasonably necessary to protect the interests of the City. The decision of the City Council shall be final, subject only to judicial review. 7.4 Certificate of Agreement Compliance. If, at the conclusion of a periodic or special review, the City Council determines that Owner is in compliance with this STATUTORY AGREEMENT, the City shall issue a Certificate of Agreement Compliance ("Certificate") to Owner stating that after the most recent periodic or special review, and based upon the information known or made known to the City Council, that (i) this STATUTORY AGREEMENT remains in effect and (ii) Owner is not in default. The City shall not be bound by a Certificate if a default existed at the time of the periodic or special review, but was concealed from or otherwise not known to the City Council, regardless of whether or not the Certificate is relied upon by assignees or other transferees or Owner. 7.5 Failure to Conduct Review. The City's failure to conduct a periodic review of this STATUTORY AGREEMENT shall not constitute a breach of this STATUTORY AGREEMENT. 7.6 Cost of Review. The costs incurred by City in connection with the periodic reviews shall be borne by the City. The Owner is not liable for any costs associated with any City periodic review of this STATUTORY AGREEMENT. The Owner is not liable for costs incurred for reviews. ARTICLE 8. DEFAULTS AND REMEDIES. 8.1 Remedies in General. It is acknowledged by the parties that the City would not have entered into this STATUTORY AGREEMENT if it were to be liable in damages under this STATUTORY AGREEMENT, or with respect to this STATUTORY AGREEMENT or the application thereof, except as hereinafter expressly provided. Subject to extensions of time by mutual consent in writing, failure or delay by either party to perform any term or provision of this STATUTORY AGREEMENT shall constitute a default. In the event of alleged default or breach of any terms or conditions of this STATUTORY AGREEMENT, the party alleging such default or breach shall give the other -12- 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 STATUTORY AGREEMENT relating to any application to the City of Baldwin Park including but not limited to, any application for any type of distribution, cultivation or manufacturing permit, any application for any distribution, cultivation or manufacturing rights, or any application for any distribution, cultivation or manufacturing license from the City of Baldwin Park. CALIFORNIA CIVIL CODE SECTION 1542 The Owner expressly acknowledges that this STATUTORY AGREEMENT is intended to include in its effect, a waiver without limitation, of all claims or causes of actions which have arisen and of which each side knows or does not know, should have known, had reason to know or suspects to exist in their respective favor at the time of execution hereof, that this STATUTORY AGREEMENT contemplates the extinguishment of any such Claim or Claims. The Owner specifically acknowledges and waives and releases the rights granted to Owner under California Civil Code Section 1542, which states as follows: " A general release does not extend to claims which the creditor does not 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." -13- 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 Sections 8. 1, money damages are unavailable against the City as provided in Section 8.1 above. (ii) Due to the size, nature and scope of the Project, it may not be practical or possible to restore the Property to its natural condition once implementation of this STATUTORY AGREEMENT has begun. After such implementation, Owner may be foreclosed from other choices it may have had to use the Property or portions thereof. Owner has invested significant time and resources and performed extensive planning and processing of the Project in agreeing to the terms of this STATUTORY AGREEMENT and will be investing even more significant time and resources in implementing the Project in reliance upon the terms of this STATUTORY AGREEMENT, and it is not possible to determine the sum of money which would adequately compensate Owner for such efforts; the parties acknowledge and agree that any injunctive relief may be ordered on an expedited, priority basis. 8.3 Termination of STATUTORY 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 -14- 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 Owner Default. No building permit shall be issued or building permit application accepted for any structure on the Property after Owner is determined by the City to be in default of the terms and conditions of this STATUTORY AGREEMENT until such default thereafter is cured by Owner or is waived by the City. If the City terminates this STATUTORY AGREEMENT because of Owner's default, then the City shall retain any and all benefits, including money or land received by the City hereunder. ARTICLE 9. THIRD PARTY LITIGATION. 9.1 General Plan Litigation. The City has determined that this STATUTORY AGREEMENT is consistent with its General Plan. Owner has reviewed the General Plan and concurs with the City's determination. The City shall have no liability under this STATUTORY AGREEMENT or otherwise for any failure of the City to perform under this STATUTORY AGREEMENT, or for the inability of Owner to develop the Property as contemplated by the Development Plan, which failure to perform or inability to develop is as the result of a judicial determination that the General Plan, or portions thereof, are invalid or inadequate or not in compliance with law, or that this STATUTORY AGREEMENT or any of the City's actions in adopting it were invalid, inadequate, or not in compliance with law. Notwithstanding the foregoing, neither party shall contend in any administrative or judicial proceeding that any 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 or 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 5161 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 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 the 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 attorneys' fees or retainer regarding the selection of counsel, and Owner shall pay all costs and all attorneys' fees related to retention of such counsel. 9.4 Environmental Contamination. Owner shall indemnify and hold the City, its officers, agents, and employees free and harmless from any liability, based or asserted, upon any act or omission of the Owner, its officers, agents, employees, subcontractors, predecessors in interest, successors, assigns and independent contractors, excepting any acts or omissions of City as successor to any portions of the Property dedicated or transferred to City by Owner, for any violation of any federal, state or local law, ordinance or regulation relating to industrial hygiene or to environmental conditions on, under or about the Property, including, but not limited to, soil and groundwater conditions, and Owner shall defend, at its expense, including attorneys' fees, the City, its officers, agents and employees in any action based or asserted upon any such alleged act or omission. The City may in its discretion participate in the defense of any such claim, action or 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 -16- an exercise of the City's police powers, limits the City's exercise of its police powers, or affects the conduct of the City's municipal operations. 9.7 Administrative Actions. The parties acknowledge that in the future there could be claims, enforcement actions, requests for information, subpoenas, criminal or civil actions initiated or served by either the Federal Government or the State Government in connection with Owner's development, operation and use of the Property (collectively, "Actions"). The City shall not disclose information and documents to the Federal Government or State Government, its officers, or agents regarding any party to this STATUTORY 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 -17- statements by Owner's agents at the public hearings leading to the City's approval of the project or on written documents by Owner's agents that are a part of the public record. 11.2 Severability. If any term, provision, covenant or condition of this STATUTORY AGREEMENT shall be determined invalid, void or unenforceable, by a court of competent jurisdiction, the remainder of this STATUTORY AGREEMENT shall not be affected thereby to the extent such remaining provisions are not rendered impractical to perform taking into consideration the purposes of this STATUTORY AGREEMENT. The foregoing notwithstanding, the provision of the public benefits set forth in Article 5, including the payment of the fees set forth therein, are essential elements of this STATUTORY AGREEMENT and the City would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at the City's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. The foregoing notwithstanding, the development rights set forth in Article 4 of this STATUTORY AGREEMENT are essential elements of this STATUTORY AGREEMENT and Owner would not have entered into this STATUTORY AGREEMENT but for such provisions, and therefore in the event that any portion of such provisions are determined to be invalid, void or unenforceable, at Owner's option this entire STATUTORY AGREEMENT shall terminate and from that point on be null and void and of no force and effect whatsoever. 11.3 Interpretation and Governing Law. This STATUTORY AGREEMENT and any dispute arising hereunder shall be governed and interpreted in accordance with the 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 -18- such party's right to insist and demand strict compliance by the other party with the terms of this STATUTORY AGREEMENT thereafter. 11.8 No Third Party Beneficiaries. The only parties to this STATUTORY AGREEMENT are Owner and the City. This STATUTORY AGREEMENT is made and entered into for the sole protection and benefit of the parties and their successors and assigns. There are no third party beneficiaries and this STATUTORY AGREEMENT is not intended, and shall not be construed, to benefit, or be enforceable by any other person whatsoever. 11.9 This STATUTORY AGREEMENT when signed and executed by Owner and the Mayor of Baldwin Park supercedes any previous agreements and renders them null and void. 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 -19- 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 (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 5102 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 the 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. -21- IN WITNESS WHEREOF, the parties hereto have caused this STATUTORY AGREEMENT to be executed as of the dates written above. CITY OF BALDWIN PARK By: Manuel Lozano, Mayor ATTEST: By: City Clerk APPROVED AS TO FORM: By: Robert N. Tafoya, City Attorney -22- ESOURCE LLC By: President, ERIK INTERMILL APPROVED AS TO FORM: By: Legal Counsel for ESOURCE LLC STAFF REPORT TO: FROM: ITEM NO. l �z Honorable Mayor and City Councilmembers Shannon Yauchzee, Chief Executive Officer Robert Tafoya, City Attorney /4 DATE: July 17, 2019 SUBJECT: Ratify the Retention of Attorney Services ON SUMMARY It is recommended that City Council ratify the retention of Leal Trejo APC, to provide legal advice, representation, negotiations and investigations for the case titled Dalewood Holding LLP, et al v. City of Baldwin Park (Case No. 2:1-cv01212-SVVV). RECOMMENDATION It is recommended that the City Council: 1. Ratify the retention of Leal Trejo APC; and 2. Direct the City Attorney to draft a standard retention agreement with this firm; and 3. Authorize the Mayor and City Clerk to execute said agreement approved as to form by the City Attorney. FISCAL IMPACT The municipal code requires City Council approval for any agreements that may exceed $24,999. The cost of legal services with Leal Trejo APC will depend upon the amount of time spent on legal matters at the following billing rates: • Partners/Of Counsel: $375/hr. • Senior Associate: $325/hr. • Junior Associate: $300/hr. • Paralegal/Law Clerk $225/hr, • Legal Secretary: $125/hr. BACKGROUND The City is required to retain special legal counsel in the matter titled Dalewood Holding LLP et al vs. City of Baldwin Park related to the former Regency Inn & Suites located at 14626 Dalewood Street, a property that was issued an Order of Abatement of Nonconforming Use by the City of Baldwin Park on March 28, 2018. The Law firm of Leal Trejo APC, amongst other things, specializes in real estate nuisance abatement matters and is willing and capable of defending the city at the above -listed billing rates. ALTERNATIVES The alternative is to not contract with this firm and choose an alternate firm(s). However, this firm has provided successful legal work for other cities with similar cases. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS Not Applicable STAFF RI ITEM NO. ✓ TO: The Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance AI / DATE: July 17, 2019 // SUBJECT: Approval of Annual Statement of Investment Policy for Fiscal Year 2019-20 SUMMARY The City is required by the California Government Code to submit annually an Investment Policy for the current fiscal year. Attached is the Investment Policy for Fiscal Year 2019-20. This is in accordance with the State Treasurer Investment Policy Guidelines for 2019. RECOMMENDATION Staff recommends that the City Council receive and file the attached Statement of Investment Policy for Fiscal Year 2019-20. FISCAL IMPACT None BACKGROUND The State of California Government Code requires each local entity adopt an annual Statement of Investment Policy. California Government Code Section 53600 et seq. allows a local agency having cash that is not required for the immediate use of the agency, to invest such portion of the money as it deems wise or expedient in certain types of investments. As reported in the monthly Treasurer's Report, the City of Baldwin Park has investments with the State Local Agency Investment Fund (LAIF).The City has also invested a portion of its excess cash in Bank CD's and Government Treasuries with a time frame to maturity of between 1 and 2 years. The Statement of Investment Policy is reviewed annually to include any new guidelines or legislation concerning the investing of City funds. The City's cash management system is designed to forecast immediate cash requirements and invest surplus monies to the fullest extent while still considering safety and liquidity. Staff makes investment decisions with care, skill, prudence and diligence under the current prevailing circumstances. It acts in accordance under the prevailing prudent person rule of a person in like capacity (Civil Code Section 2261, et seq) and will also only make those investments allowable under State of California Government Code Section 53600 et seq and the City -adopted Statement of Investment Policy. The City's Investment Policy is in compliance with the Government Code. The criteria for selecting investments in their order of priority are (1) safety, (2) liquidity, and (3) yield. ALTERNATIVE None. Current State Law mandates the City Council to review and adopt a Statement of Investment Policy annually. LEGAL REVIEW None required ATTACHMENT Statement of Investment Policy for the fiscal year 2019-20 Attachment 1 Statement of Investment Policy CITY OF BALDWIN PARK STATEMENT OF INVESTMENT POLICY FISCAL YEAR 2019-2020 A. PURPOSE The Investment Policy establishes guidelines for the investment of the City's surplus cash that is not required to meet the daily cash obligations of the City. The Investment Policy outlines the investment objectives and the allowable investments in accordance with applicable laws of the State of California. B. SCOPE 1. The Investment Policy applies to all financial assets of the City as included in the Comprehensive Annual Financial Report. 2. The Investment Policy applies to activities of the City with regard to investing surplus cash of all funds, including: a. General Fund b. Housing Authority c. Successor Agency d. Financing Authority e. Special Revenue Funds f. Internal Service Funds g. Trust & Agency Funds C. DELEGATION OF AUTHORITY The City Council has appointed the City's elected Treasurer to be responsible for surplus cash management and investment decisions and transactions. Daily cash management responsibility has been delegated to the City's Department of Finance. The Director of Finance, Accounting Manager, and the Assistant Accounting Manager shall ensure compliance with the City's investment policy. All investment transactions will be approved by either the City Treasurer or the Director of Finance. D. OBJECTIVES The primary objectives, in order of priority, of the City of Baldwin Park's investment activities are safety, liquidity and yield. The criteria for each are discussed below. 1. SAFETY: The safety and risk associated with an investment, refers to the potential loss of principal or interest or a combination of these two amounts. Safety of principal is the primary objective and only those investments considered to be very safe will be utilized by Page 1 City of Baldwin Park Statement of Investment Policy Fiscal Year 2019-2020 the City of Baldwin Park. The City shall seek to ensure that capital losses resulting from securities default or the erosion of market value are avoided. 2. LIQUIDITY: This refers to the ability to "cash in" at any moment in time with minimal chance of losing a portion of the principal or interest. Liquidity shall remain sufficient to enable the City of Baldwin Park to meet anticipated operating needs and hold any investments to maturity. 3. YIELD: Yield is the potential dollar earnings an investment can provide; this is also described as the rate of return or "interest". The City's investment portfolio shall be managed to obtain market rates of interest while preserving and protecting capital in the overall portfolio. E. ETHICS AND CONFLICTS OF INTEREST Officials and employees involved in the investment process shall refrain from all personal business activity that could conflict with the management of the investment program, or impairs their ability to make impartial investment decisions. All individuals involved shall disclose all gifts and income in accordance with California State Law. F. STRATEGIES 1. The City shall maintain a cash management system which accurately monitors and forecasts revenues and expenditures enabling the City to invest surplus cash to the fullest extent possible. 2. The City shall apply the prudent investor standard in the context of managing the overall portfolio. When making investment decisions, the City shall act with care, skill, prudence and diligence under circumstances then prevailing, including but not limited to, the general economic conditions and the anticipated needs of the City. The City would use the standard that a prudent person acting in a like capacity and familiarity with those matter would use in the conduct of funds of like character and with like aims, to safeguard the principal while maintaining the appropriate liquidity. 3. The City shall manage the investment portfolio with a buy -and -hold strategy rather than seek optional returns through such techniques as swaps. The buy -and -hold strategy ensures the return of all invested principal monies. The latter approach would require an allocation of resources, the cost of which may be greater than the benefit realized. G. INVESTMENT PORTFOLIO 1. The City is authorized to invest in certain types of securities in accordance with California Government Code Section 53601 et. seq. and 53635 et. seq. Authorized investments shall also include investments with the Local Agency Investment Fund (LAIF) in accordance with the California Government Code Section 16429.1. The City has further limited the types of Page 2 City of Baldwin Park Statement of Investment Policy Fiscal Year 2019-2020 securities in which the City may invest. Only those securities listed in the Investment Policy are authorized investments. The following are authorized investments for the City: a fully secured by Federal Government b per limit set by Federal Deposit Insurance Corporation 2. Money market mutual funds managed for or by the trustees, paying agents and custodian banks contracted by the City may be purchased as allowed under the California Government Code. Only funds holding U.S. Treasury or Agency obligations can be utilized. 3. No investment shall be made in any security underlying a repurchase agreement, other than a security with a term remaining to maturity in excess of five years. 4. No investment shall be made in any security that could result in zero interest accrual if held to maturity. These include inverse floaters, range notes, or mortgage derived interest -only strips. H. SAFEKEEPING AND COLLATERALIZATION Securities purchased from a broker or dealer shall be held in third party safekeeping by the trust department of the City's bank or other designated third party trust, in the City's name and control. All securities will be received and delivered using standard delivery -versus -payment Page 3 Per Government Code Section 53601 Authorized Investment Type Maximum Allowable Investment Percentage Maximum Allowable Maturity Maximum Investment in One Issuer Minimum Quality Requirements Municipal Securities 30% 5 Years 5% "A-" US Treasury Obligations None unlimited 5 Years Nonee None US Agency Obligations None unlimited 5 Years None' None Negotiable Certificates of Deposit CDs 30% 5 Years $250,000D None Non-negotiable Certificates of Deposit None unlimited 5 Years $250,000 None Collateralized Time Deposits 20% 5 years None None Certificate of Deposit Account Registry system 30% 5 Years None None Banker's Acceptance 40% 180 davs 30% None Repurchase Agreements None unlimited 1 Year None' None Mutual Funds and Money Market Mutual Funds 20% None 10% Highest Rating Commercial Paper — Pooled Funds 40% 270 days 10% "A" Rating Commercial Paper — Non Pooled Funds 25% 270 days 10% "A" Rating Local Agency Investment Fund (LAIF) None unlimited None (on demand $40,000,000 None a fully secured by Federal Government b per limit set by Federal Deposit Insurance Corporation 2. Money market mutual funds managed for or by the trustees, paying agents and custodian banks contracted by the City may be purchased as allowed under the California Government Code. Only funds holding U.S. Treasury or Agency obligations can be utilized. 3. No investment shall be made in any security underlying a repurchase agreement, other than a security with a term remaining to maturity in excess of five years. 4. No investment shall be made in any security that could result in zero interest accrual if held to maturity. These include inverse floaters, range notes, or mortgage derived interest -only strips. H. SAFEKEEPING AND COLLATERALIZATION Securities purchased from a broker or dealer shall be held in third party safekeeping by the trust department of the City's bank or other designated third party trust, in the City's name and control. All securities will be received and delivered using standard delivery -versus -payment Page 3 City of Baldwin Park Statement of Investment Policy Fiscal Year 2019-2020 procedure. Deposit -type securities (i.e. certificates of deposit) shall be collateralized in accordance with the State of California Government Code. I. REPORTING REQUIREMENTS The City Council will be provided a monthly Treasurer's Report approximately 45 days following the end of the month. Data for investments will include: purchase and maturity dates, par values, current principal, premium or discount, interest rate, description, book value, and market value. Cash in the bank will be reported by entity at the amount on the monthly bank statements. J. INVESTMENT POLICY The City Council will be provided an annual Statement of Investment Policy for their approval during the first quarter of the fiscal year. K. QUALIFIED BROKER/DEALERS The City shall only conduct investment transactions with banks, savings and loans or with licensed broker/dealers. L. INVESTMENT EARNINGS Investment earnings from authorized investments are allocated quarterly to various funds based on their month end balances of the pooled portfolio. Page 4 ITEM NO. 1 lD TO: Honorable Mayor and Members of the City Council FROM: Rose Tam, Director of Finance } DATE: July 17, 2019 SUBJECT: Adopt Resolution No. 2019-035 Setting the Appropriations Limit for Fiscal Year 2019-20 SUMMARY The City of Baldwin Park is required by State law to annually adopt a resolution establishing the City's Appropriations Limit. The Appropriations Limit applies to the City's General Fund expenditures. The Appropriations Limit for fiscal year 2019-20 is $81,380,392. The budgeted revenues subject to limitation for the fiscal year 2019-20 is $34,172,380. RECOMMENDATION Staff recommends that the City Council Adopt Resolution No.2019-035 setting the Appropriations Limit for Fiscal Year 2019-20 at $81,380,392. FISCAL IMPACT None. BACKGROUND Article XIIIB of the California State Constitution specifies that appropriations made by State and local governments may increase annually by no more than a factor comprised of the change in population combined with either the change in California per capita personal income or the change in the local assessment roll due to local non-residential construction, whichever is greater. The original base year was 1978 so the formula is based on the aggregate increase annually since that date. Data provided by the State Department of Finance indicates that the population change in the City of Baldwin Park over the last year was 0.16%. Additionally, California's per capita personal income change was 3.85%. These factors combined will increase the City's annual appropriations limit to $81,380,392 for the Fiscal Year 2019-20. Although the law authorizes the City to spend up to this amount from the proceeds of taxes, the fiscal year 2019-20 adopted General Fund budget proposes to appropriate only 32% of this limit. ALTERNATIVES There is no alternative for the City Council to consider as the State Constitution mandates cities to prepare the appropriations limit annually and adopted by the City Council. LEGAL REVIEW Resolution approved as to form and content. ATTACHMENTS 1. Resolution No. 2019-035 2. Appropriations Limit Worksheet Attachment 1 Resolution No. 2019-035 RESOLUTION NO. 2019-035 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, SETTING THE APPROPRATIONS LIMIT FOR THE FISCAL YEAR 2019-20 WHEREAS, Article XIIIB of the Califomia Constitution requires the Legislative Body to establish an Appropriations Limit annually beginning with the fiscal year ending June 30, 1981; WHEREAS, the City Council is required by Section 7910 of the Govemment Code to establish its Appropriations Limit by Resolution; and, WHEREAS, the Appropriations Limit documentation has been available for public inspection for the required fifteen days, in accordance with Section 7910 of the Govemment Code, prior to the approval of the limit by the Legislative Body. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS SECTION 1. The Appropriations Limit for the Fiscal Year 2019-20 has been determined to be $81,380,392 and was prepared using the change in the Per Capita Personal Income change of 3.85% and the City population change of 0.16% as provided by the State Department of Finance, pursuant to Sections 2227 and 2228 of the Revenue and Taxation Codes, calculations as of January 2019. SECTION 2. That the City Clerk shall certify to the adoption of this Resolution and the same shall be in full force and effect immediately upon its adoption. PASSED, APPROVED AND ADOPTED this 17th day of July 2019 MANUELLOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss: CITY OF BALDWIN PARK I, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. 2019-035 was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at a regular meeting of the City Council on July 17, 2019, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: Jean M. Ayala CITY CLERK Attachment 2 Appropriations Limit Worksheet DETERMINATION OF APPROPRIATION LIMIT FISCAL YEAR 2019-2020 APPROPRIATION LIMIT FOR FISCAL YEAR 2018-2019 78,238,220 APPROPRIATION LIMIT FOR FY 2019-2020 ADJUSTMENT FACTORS: Per Capita Change: 3.85% Ratio 1.0385 Population Change: 0.16% Ratio 1.0016 CALCULATION FACTOR FOR FY 2019-2020 1.0402 ANNUAL APPROPRIATION LIMIT: 81,380,392 APPROPRIATION SUBJECT TO LIMITATION FOR FY 2019-2020 Proceeds of Taxes: 26,148,170 Exclusions - Appropriations Subject to Limitation 26,148,170 Current Year Limit 81,380,392 Over/(Under) Limit (55,232,222) TOTAL PROCEEDS AND NON -PROCEEDS OF TAXES (General Fund Only) 34,172,380 PERCENT OF TOTAL APPROPRIATIONS LIMIT FROM PROCEEDS OF TAXES 32% ATTACHMENT 2 ITEM NO. 1 TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of The City of Baldwin Park FROM: Rose Tam, Director of Finance DATE: July 8, 2019 SUBJECT: Successor Agency To The Dissolved Community Development Commission of The City of Baldwin Park Warrants and Demands SUMMARY Attached is the Warrants and Demands Registers for the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park to be ratified by the City Council. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Registers. FISCAL IMPACT The total of the attached Warrants Register for Successor Agency of the City of Baldwin Park is $771.29. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The March 12 to July 8, 2019, Successor Agency Warrant with check number 13545 in the total amount of $771.29 was made on behalf of Successor Agency of the City of Baldwin Park constituting of claim and demand against the Successor Agency of the City of Baldwin Park, are herewith presented to the City Council as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Check Register Attachment 1 Check Register Payment Number 13545 Check Register City of Baldwin Park, CA By (None) Payment Dates 03/12/2019 - 07/08/2019 Payment Date Vendor Name Description (Item) Account Number Amount 06/12/2019 HDL, COREN & CONE CONTRACT SERV PROPERTY T 838-00-000-51100-14900 771.29 Grand Total: 771.29 7/8/2019 1:18:07 PM Page 1 of 2 ITEM NO. SA — V- TO: Honorable Chair and Board Members of the Successor Agency to the Dissolved Community Development Commission of the City of Baldwin Park FROM: Rose Tam, Director of Finance (� Y DATE: July 17, 2019 SUBJECT: Treasurer's Report — May 2019 SUMMARY Attached is the Treasurer's Report for the month of May 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for May 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasure's Report CITY OF BALDWIN PARK TREASURER'S REPORT 5/31/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 2.45% Varies Varies Housing Authority 2.45% Varies Varies Certificate of Deposit $ 34,087,070.18 $ 34,087,070.18 $ 34,087,070.18 Citibank National Association (Mutual Securities) 2.65% 1/25/2019 1/25/2021 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 Sallie Mae Bk SLT Lake City UT (Mutual Securities) 2.25% 1/24/2018 1/24/2020 Morgan Stanley Bank N A Utah (Cantella) 2.64% 4/19/2018 4/20/2020 Barclays Bank Del(Cantella) 3.05% 12/19/2018 12121/2020 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies Fiscal Agent Funds • Successor Agency (Trust/Debt Service Fund; Varies Varies Varies $ 34,087,070.18 $ 34,087,070.18 $ 34,087,070.18 $ 34,087,070.18 13, 655.34 13, 655.34 13, 655.34 13, 655.34 34,100,725.52 34,100,725.62 34,100,725.52 34,100,725.52 250,000.00 250,000.00 250,000.00 260,667.50 250,000.00 250,000.00 250,000.00 249,717.60 250,000.00 250,000.00 250,000.00 249,717.50 250,000.00 250,000.00 250,000.00 250,452.50 250,000.00 250,000.00 250,000.00 252,167.50 1,250,000.00 1,250,000.00 1,250,000.00 1,252,722.50 8,177,789.37 8,177,789.37 8,177,789.37 8,177,789.37 1,908,596.06 1,908,596.06 1,908,596.06 1,908,596.06 10,086,385.43 10,086,385.43 10,086,386.43 10,086,385.43 $ 46,437,110.95 $ 45,438,833.46 45,437,110.95 5 45,437,110.95 $ Total Investments $ 45,437,110.95 Cash with Bank of the West City Checking 1,832,837.46 Money Market Plus 132,906.66 City Miscellaneous Cash 83,431.03 Successor Agency 390,663.06 Housing Authority 189,196.84 Financing Authority 11,700.00 Investment Brokerage 55.64 Total Cash with Bank of the West 2,640,790.73 Total Cash and Investments $ 48,077,901.68 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. • There was no investment maturity/purchase transactions made for the month of May 2019 and several depositstwithdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: 3 Rose Tam Director of Finance STAFF ITEM NO. 1 67 - TO: Honorable Mayor/Chair and Members of the City Council for the City of Baldwin Park and Housing Authority FROM: Shannon Yauchzee, Chief Executive Officer Rose Tam, Director of Finance / DATE. July 17, 2019 SUBJECT: Joint Update of the City of Baldwin Park and Baldwin Park Housing Authority City -Wide Fee Schedule Based On Consumer Price Index (CPI) And Other Adjustments SUMMARY The California Government Code allows cities to recover all or a portion of the cost of providing exchange -based services through the application of fees. Annually, an updated City -Wide Fee Schedule is recommended to (1) maintain appropriate recovery ratios of service costs, (2) add or delete fees for service, and/or (3) incorporate pre-existing fees or charges that should be included in the Fee Schedule. Staff recommends about a 2% increase to some of the City fees which is still less than the average CPI for the Los Angeles area which has increased 3.1% annually as of May 2019 (refer to Attachment #2) while others might have slight increase or be reduced. RECOMMENDATION Staff recommends that the City Council approve the proposed updated City -Wide Fee Schedule and corresponding Resolution Numbers CC 2019-034 and HA 2019-003. FISCAL IMPACT Charges for services are an important revenue source for the City's operating budget. The charges only apply to those customers benefiting from the service. There would be an estimate of $35,000 increase to the General Fund and a limited/minor fiscal impact to the Section 8 and Public Housing funds. BACKGROUND Based on the Consumer Price Index (CPI) and the overview of the existing City -Wide Fee Schedule, the City Staff has updated the Schedule with 2% increase to some of the fees while others might have slight increase or be reduced (refer to Exhibit A). Some of the fees will remain unchanged such as the building plan check and inspection, impound/stored vehicle release, animal license fee, and business license fee. There will be slight increases in Planning fees and some of the Recreation program fees. ALTERNATIVE Provide staff alternative direction whether to proceed with the proposed updated Fee Schedule or not. LEGAL REVIEW The City Attorney has reviewed this report, resolutions and approved the public hearing notice for the meeting. ATTACHMENT 1. Resolution Numbers: 2019-034 and HA 2019-003 2. City -Wide Fee Schedule 3. CPI for Los Angeles Area as of May 2019 Attachment 1 Resolution Numbers: 2019-034 and HA 2019-003 RESOLUTION NO. 2019-034 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE ADOPTION OF A NEW FEE SCHEDULE FOR ISSUING, PROCESSING AND FILING OF VARIOUS CITY SERVICES AND PERMITS WHEREAS, pursuant to Article XIIIC of the California State Constitution, it is the intent of the City Council of the City of Baldwin Park to require the ascertainment and recovery of costs incurred by the City from the provision of services to the public; and WHEREAS, the City updated the cost of City service fees based on the Consumer Price Index (CPI); and WHEREAS, a properly noticed public hearing were held on July 17, 2019 to receive public comments on the proposed new City -Wide Fee Schedule. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The new Fee Schedule for each fee and service charge is set forth in Exhibit "A", attached hereto and incorporated by reference, is hereby approved. 2. The fees established in Exhibit A shall become effective sixty (60) days after the effective date of this Resolution. 3. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. PASSED, APPROVED, AND ADOPTED this 17th day of July 2019. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK t, JEAN M. AYALA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2019-034 was duly adopted by the City Council of the City of Baldwin Park at a regular meeting thereof held on July 17, 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 RESOLUTION NO. HA 2019-003 A RESOLUTION OF THE HOUSING AUTHORITY OF THE CITY OF BALDWIN PARK APPROVING THE ADOPTION OF A NEW FEE SCHEDULE FOR ISSUING, PROCESSING AND FILING OF VARIOUS CITY SERVICES AND PERMITS WHEREAS, pursuant to Article XIIIC of the California State Constitution, it is the intent of the Members of the Housing Authority of the City of Baldwin Park to require the ascertainment and recovery of costs incurred by the City from the provision of services to the public; and WHEREAS, the City updated the cost of City service fees based on the Consumer Price Index (CPI); and WHEREAS, a properly noticed public hearing were held on July 17, 2019 to receive public comments on the proposed new City -Wide Fee Schedule. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AND ORDER AS FOLLOWS: 1. The new Fee Schedule for each fee and service charge is set forth in Exhibit "A", attached hereto and incorporated by reference, is hereby approved. 2. The fees established in Exhibit A shall become effective sixty (60) days after the effective date of this Resolution. 3. The City Clerk shall certify as to the adoption of the Resolution and shall cause the same to be processed in the manner required by law. PASSED, APPROVED, AND ADOPTED this 17th day of July 2019. MANUELLOZANO CHAIR ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES SS: CITY OF BALDWIN PARK 1, JEAN M. AYALA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution No. HA 2019-003 was duly and regularly approved and adopted by the Members of the Housing Authority of the City of Baldwin Park at a regular meeting of the Housing Authority on July 17, 2019, by the following vote: AYES: MEMBERS: NOES: MEMBERS: ABSENT: MEMBERS: ABSTAIN: MEMBERS: JEAN M. AYALA CITY CLERK Attachment 2 City -Wide Fee Schedule CITY OF BALDWIN PARK EXHIBIT A FEE SCHEDULE Effective September 2019 SERVICE/APPLICATION CURRENT FEE PROPOSED FEE BUILDING PERMIT, PLAN CHECK & INSPECTION FEES Refer to Exhibit A-1 Fees Remain Unchanged PLANNING FEES Refer to Exhibit A-2 Refer to Exhibit A-2 PUBLIC WORK FEES Refer to Exhibit A-3 Refer to Exhibit A-3 RECREATION PROGRAM FEES Refer to Exhibit A-4 Refer to Exhibit A-4 POLICE FEES Refer to Exhibit A-5 Refer to Exhibit A-5 ADMINISTRATION & MISCELLANEOUS ANIMAL CARE AND CONTROL LICENSE FEE Refer to Exhibit A-6 Fees Remain Unchanged PICNIC SHELTER RENTAL AND OTHER RECREATON FEES N/A N/A TRANSIT CENTER PARKING FEE $1-$3 $1-$3 TRANSIT CENTER OVERNIGHT PARKING PERMIT ($30 FOR A MONTHLY PERMIT) $1-$3 $1-$3 BUSINESS LICENSE FEE Refer to Exhibit A-7 Fees Remain Unchanged BUSINESS LICENSE RENEWAL PROCESSING FEE $10 $10 BUSINESS LICENSE LISTING $5 $5 PASSPORT SERVICE $35 $35 CREDIT CARD SERVICE FEE/CONVENIENCE FEE 2.25% 2.25% COLLECTION SERVICES FEE Payment received within 30 days of notice No fee charged No fee charged Payment received after 30 days of notice 19% 19% Out of State referral 22% 22% With legal/court action 22% 22% NSF CHECK PROCESSING $25 $25 STOP PAYMENT and/or REISSUE CHECK $45 $35 PUBLIC RECORDS COPY CHARGE 1st page $0.25 per copy $0.25 per copy Additional page $0.25 per copy $0.25 per copy CD REPORT COPY $55 $15 loft CITY OF BALDWIN PARK EXHIBIT A-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions) Service /Application I Current Fee/Proposed Fee BUILDING PERMITS - NEW CONSTRUCTION Building Permits - Retail (New Construction) 1-5,000 sq.ft. $1,000 minimum or $0.54 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,675 plus $0.35 pers .ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $4,429 plus $0.35 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $6,185 plus $0.35 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $9,733 plus $0.35 per sq.ft. In excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $18,508 plus $0.35 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $27,258 plus $0.35 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $36,095 plus $0.35 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $44,951 plus $0.35 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $53,726 plus $0.35 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $62,501 plus $0.35 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $71,276 plus $0.39 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Office (New Construction) 1-5,000 sq.ft. $1,000 minimum or $0.69 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $3,425 plus $0.50 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $5,930 plus $0.50 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $8,435 plus $0.50 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $13,483 plus $0.50 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $26,008 plus $0.50 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $38,533 plus $0.50 pers .ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $51,095 plus $0.50 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $63,701 plus $0.50 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $76,226 plus $0.50 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $88,751 plus $0.50 pers .ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $101,276 plus $0.54 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Industrial (New Construction) 1-5,000 sq.ft. $1,000 minimum or $0.46 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,308plus $0.28 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $3,688 plus $0.28 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $5,075 plus $0.28 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $7,880 plus $0.28 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $14,795 plus $0.28 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $21,718 plus $0.28 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $28,670 plus $0.28 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $35,673 plus $0.28 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $42,588 plus $0.28 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $49,511 plus $0.28 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $56,426 plus $0.31 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Cannabis Facilities (New Construction) 1-5,000 sq.ft. $1,000 minimum or $1.21 pers .ft., whichever is higher 5,001-10,000 sq.ft. $6,049 plus $1.02 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $11,134 plus $1.02 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $16,217 plus $1.02 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $26,422 plus $1.02 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $51,840 plus $1.02 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $77,259 plus $1.02 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $102,753 plus $1.02 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $128,246 plus $1.02 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $153,664 Rlus $1.02 per sq.ft. in excess of 150,000 sq.ft. Page 1 of 13 CITY OF BALDWIN PARK EXHIBIT A-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions) Service / Application Current Fee/Proposed Fee 175,001-200,000 sq.ft. $179,083 plus $1.02 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $204,501 plus $1.06 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Single Family Residential (New Construction) 1-1,500 sq.ft. $500 minimum or $1.03 per sq.ft., whichever is higher 1,501-3,000 sq.ft. $1,546 plus $0.57 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq.ft. $2,404 plus $0.54 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,210 plus $0.55 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. $4,027 plus $1.01 per sq.ft. in excess of 6,000 sq.ft. Building Permits - Multi Family Residential (New Construction Per Building) 1-1,500 sq.ft. $500 minimum or $0.97 per sq.ft., whichever is higher 1,501-3,000 sq.ft. $1,456 plus $0.49 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq.ft. $2,183 plus $0.49 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $2,932 plus $0.49 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. $3,660 plus $0.95 per sq.ft. in excess of 6,000 sq.ft. Building Permits - Patio Cover (New Construction - All types such as Solid Wood, Open Lattice, or Tile) 1-300 sq.ft. $184 minimum 301-400 sq.ft. $184 plus $0.91 per sq.ft. in excess of 300 sq.ft. Over 400 sq.ft. $275 plus $0.92 per sq.ft. in excess of 400 sq.ft. BUILDING PERMITS - REMODELS, ALTERATIONS, ADDITIONS AND TENANT IMPROVEMENTS Building Permits - Retail (Remodels, Alterations, Additions and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $0.54 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,675 plus $0.36 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $4,468 plus $0.35 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $6,185 plus $0.35 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $9,733 plus $0.35 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $18,508 plus $0.35 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $27,283 plus $0.35 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $36,095 plus $0.35 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $44,951 plus $0.35 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $53,726 plus $0.35 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $62,501 plus $0.35 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $71,276 plus $0.39 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Office (Remodels, Alterations, Additions and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $0.69 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $3,425 plus $0.50 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $5,930 plus $0.50 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $8,435 plus $0.50 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $13,483 plus $0.50 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $26,008 plus $0.50 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $38,533 plus $0.50 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $51,095 plus $0.50 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $63,701 plus $0.50 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $76,226 plus $0.50 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $88,751 plus $0.50 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. 1$101,276 plus $0.54 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Industrial (Remodels, Alterations, Additions and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $0.46 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,308plus $0.28 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $3,688 plus $0.28 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $5,075 plus $0.28 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $7,880 plus $0.28 per sq.ft. in excess of 25,000 sq.ft. Page 2 of 13 CITY OF BALDWIN PARK EXHIBIT A-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions) Service / Application Current Fee/Proposed Fe 50,001-75,000 sq.ft. $14,795 plus $0.28 per sq.ft. in excess of 50,000 sq. ft. 75,001-100,000 sq.ft. $21,718 plus $0.28 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $28,670 plus $0.28 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $35,673 plus $0.28 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $42,588 plus $0.28 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $49,511 plus $0.28 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $56,426 plus $0.31 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Cannabis (Remodels, Alterations, Additions and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $1.21 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $6,069 plus $1.02 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $11,154 plus $1.02 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $16,238 plus $1.02 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $26,443 plus $1.02 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $51,860 plus $1.02 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $77,279 plus $1.02 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $102,773 plus $1.02 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $128,271 plus $1.02 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $153,690 plus $1.02 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $179,109 plus $1.02 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $204,526 plus $1.06 per sq.ft. in excess of 200,000 sq.ft. Building Permits - Single Family Residential (Remodels, Alterations, Additions, and Tenant Improvements) 1-500 sq.ft. $500 minimum or $1.62 per sq.ft., whichever is higher 501-1,000 sq.ft. $811 plus $0.67 per sq.ft. in excess of 500 sq.ft. 1,001-1,500 sq.ft. $1,145 lus $0.60 per sq.ft. in excess of 1,000 sq.ft. 1,501-3,000 sq.ft. $1,445 plus $0.60 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq.ft. $2,363 plus $0.56 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,210 plus $0.54 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. $4,027 plus $1.01 per sq.ft. in excess of 6,000 sq.ft. Building Permits - Multi Family Residential (Remodels, Alterations, Additions, and Tenant Improvements) 1-500 sq.ft. $500 minimum or $1.62 per sq.ft., whichever is higher 501-1,000 sq.ft. $811 plus $0.67 per sq.ft. in excess of 500 sq.ft. 1,001-1,500 sq.ft. $1,145 plus $0.71 per sq.ft. in excess of 1,000 sq.ft. 1,501-3,000 sq.ft. $1,500 plus $0.66 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq.ft. $2,483 plus $0.61 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,403 plus $0.56 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. 1$4,241 plus $1.05 per sq.ft. in excess of 6,000 sq.ft. BUILDING PLAN CHECK FEE - NEW CONSTRUCTION Building Plan Check- Retail (New Construction) 1-5,000 sq.ft. $1,000 minimum or $0.57 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,858 plus $0.39 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $4,788 plus $0.39 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $6,719 plus $0.39 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $10,618 plus $0.39 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $20,271 plus $0.39 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $29,923 plus $0.39 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $39,612 plus $0.39 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $49,265 plus $0.39 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $58,917 plus $0.39 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $68,607 plus $0.39 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. 1$78,247 plus $0.42 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check - Office (New Construction) Page 3 of 13 CITY OF BALDWIN PARK . EXHIBIT A-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions) Service / Application Current Fee/Proposed Fee 1-5,000 sq.ft. $1,000 minimum or $0.74 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $3,683 plus $0.55 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $6,438 plus $0.55 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $9,194 plus $0.55 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $14,743 plus $0.55 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $28,521 plus $0.55 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $42,297 plus $0.55 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $56,112 plus $0.55 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $69,890 plus $0.55 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $83,667 plus $0.55 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $97,482 plus $0.55 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $111,260 plus $0.59 per sq.ft. in'excess of 200,000 sq.ft. Building Plan Check - Industrial (New Construction) 1-5,000 sq.ft. $1,000 minimum or $0.49 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,453 plus $0.30 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $3,972 plus $0.30 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $5,497 plus $0.30 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $8,580 plus $0.30 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $16,186 plus $0.30 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $23,801 plus $0.30 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $31,445 plus $0.30 per sq.ft. in excess of 100,000 sq.ft. 125,001.150,000 sq.ft. $39,060 plus $0.30 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. 1$46,666 plus $0.30 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. 1$54,319 plus $0.30 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. 1$61,925 plus $0.34 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check -Cannabis (New Construction) 1-5,000 sq.ft. $1,000 minimum or $1.23 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $6,154 plus $1.04 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $11,368 plus $1.04 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft $16,582 plus $1.04 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $27,036 plus $1.04 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $53,105 plus $1.04 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $79,176 plus $1.04 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $105,282 plus $1.04 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $131,352 plus $1.04 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $157,460 plus $1.04 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $183,530 plus $1.04 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $209,601 plus $1.08 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check - Single Family Residential (New Construction) 1-1,500 sq.ft. $500 minimum or $1.01 per sq.ft., whichever is higher 1,501-3,000 sq.ft. $1,521 plus $0.55 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq.ft. $2,338 plus $0.55 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,157 plus $0.55 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. $3,974 plus $0.98 per sq.ft. in excess of 6,000 sq.ft. Building Plan Check- Multi Family Residential (New Construction Per Building) 1-1,500 sq.ft. $500 minimum or $1.06 per sq.ft., whichever is higher 1,501-3,000 sq.ft. $1,593 plus $0.57 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq.ft. $2,452 plus $0.57 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,311 plus $0.57 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. $4,169 plus $1.03 per sq.ft. in excess of 6,000 sq.ft. Building Plan Check - Patio Cover (all types such as solid wood, open lattice, or tile) Page 4 of 13 CITY OF BALDWIN PARK EXHIBIT A-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions) Service / Application Current Fee/Proposed Fee 1-300 sq.ft. $110 minimum 301-400 sq.ft. $110 plus $0.38 per sq.ft. in excess of 300 sq.ft. Over 400 sq.ft. $148 plus $0.56 per sq.ft. in excess of 400 sq.ft. BUILDING PLANS CHECK - REMODELS, ALTERATIONS, ADDITIONS AND TENANT IMPROVEMENTS Building Plan Check - Retail (Remodels, Alterations, Additions, and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $0.55 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,731 plus $0.37 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $4,574 plus $0.37 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $6,417 plus $0.37 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $10,140 plus $0.37 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $19,353 plus $0.37 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. $28,567 plus $0.37 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $37,819 plus $0.37 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $47,032 plus $0.37 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $56,246 plus $0.37 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $65,497 plus $0.37 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $74,711 plus $0.40 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check - Office (Remodels, Alterations, Additions, and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $0.55 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,731 plus $0.40 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $4,707 plus $0.40 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $6,716 plus $0.40 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $10,770 plus $0.40 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $20,810 plus $0.40 per sq.ft. in excess of 50,000 s .ft. 75,001-100,000 sq.ft. $30,851 plus $0.40 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $40,930 plus $0.40 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $50,971 plus $0.40 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $61,011 plus $0.40 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $71,090 plus $0.40 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $81,131 plus $0.43 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check- Industrial (Remodels, Alterations, Additions, and Tenant Improvements 1-5,000 sq.ft. $1,000 minimum or $0.47 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $2,346 plus $0.29 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $3,794 plus $0.29 per sq.ft. in excess of 10,000 sq.ft. 15,001-25,000 sq.ft. $5,251 plus $0.29 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. $8,195 plus $0.29 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. $15,455 plus $0.29 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft $22,723 plus $0.29 per sq.ft. in excess of 75,000 sq.ft. 100,001-125,000 sq.ft. $30,022 plus $0.29 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $37,291 plus $0.29 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $44,551 plus $0.29 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $51,857 plus $0.29 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. $59,119 plus $0.33 per sq.ft. In excess of 200,000 sq.ft. Building Plan Check- Cannabis (Remodels, Alterations, Additions, and Tenant Improvements) 1-5,000 sq.ft. $1,000 minimum or $1.18 per sq.ft., whichever is higher 5,001-10,000 sq.ft. $5,878 plus $1.00 per sq.ft. in excess of 5,000 sq.ft. 10,001-15,000 sq.ft. $10,854 plus $1.00 per sq.ft. in excess of 10,000 sq.ft. 1$25,811 15,001-25,000 sq.ft. $15,832 plus $1.00 per sq.ft. in excess of 15,000 sq.ft. 25,001-50,000 sq.ft. plus $1.00 per sq.ft. in excess of 25,000 sq.ft. 50,001-75,000 sq.ft. 1$50,696 plus $1.00 per sq.ft. in excess of 50,000 sq.ft. 75,001-100,000 sq.ft. 1$75,581 plus $1.00 per sq.ft. in excess of 75,000 sq.ft. Page 5 of 13 CITY OF BALDWIN PARK EXHIBIT A-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions) Service/ Application Current Fee/Proposed Fee 100,001-125,000 sq.ft. $100,504 plus $1.00 per sq.ft. in excess of 100,000 sq.ft. 125,001-150,000 sq.ft. $125,389 plus $1.00 per sq.ft. in excess of 125,000 sq.ft. 150,001-175,000 sq.ft. $150,311 plus $1.00 per sq.ft. in excess of 150,000 sq.ft. 175,001-200,000 sq.ft. $175,196 plus $1.00 per sq.ft. in excess of 175,000 sq.ft. Over 200,000 sq.ft. J$200,082 plus $1.03 per sq.ft. in excess of 200,000 sq.ft. Building Plan Check- Single Family Residential (Remodels, Alterations, Additions, and Tenant Improvements) 1-500 sq.ft. $500 minimum or $1.57 per sq.ft., whichever is higher 501-1,000 sq.ft. $786 plus $0.72 per sq.ft. in excess of 500 sq.ft. 1,001-1,500 sq.ft. $1,145 plus $0.60 per sq.ft. in excess of 1,000 sq.ft. 1,501-3,000 sq.ft. $1,445 plus $0.60 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq.ft. $2,338 plus $0.55 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,157 plus $0.54 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. J$3,973 plus $0.98 per sq.ft. in excess of 6,000 sq.ft. Building Plan Check - Multi Family Residential (Remodels, Alterations, Additions, and Tenant Improvements) 1-500 sq.ft. $500 minimum or $1.64 per sq.ft., whichever is higher 501-1,000 sq.ft. $822 plus $0.76 per sq.ft. in excess of 500 sq.ft. 1,001-1,500 sq.ft. $1,203 plus $0.63 per sq.ft. in excess of 1,000 sq.ft. 1,501-3,000 sq.ft. $1,518 plus $0.62 per sq.ft. in excess of 1,500 sq.ft. 3,001-4,500 sq.ft. 1$2,452 plus $0.57 per sq.ft. in excess of 3,000 sq.ft. 4,501-6,000 sq.ft. $3,311 plus $0.57 per sq.ft. in excess of 4,500 sq.ft. Over 6,000 sq.ft. $4,169 plus $1.03 per sq.ft. in excess of 6,000 sq.ft. BUILDING FEES (Others) Permit Issuance $37.50 per permit Minimum Building Permit Fee $69.00 per permit Minimum Building Plan Check Fee At least 1 hour of staff time (latest rate) or the calculated amount whichever is greater For any items which fee is not provided, the permit fee shall be based on hourly rate and on time as determined by Building Official $92.00 per hour For any items which fee is not provided, the plan check fee shall be based on hourly rate and on time as determined by Building Official $151.00 per hour Recordkeeping 3.75% of permitfee Alternate Material Processing 11/2 hours based on the latest hourly rate EXTENSIONS Extension of permit if the original permit has not been expired (one time) $37.52 Extension of permit if the original permit has been expired Based on time required to complete the project and on the latest hourly rate Extension of plan check if the original plan check has not been expired one time No fee Extension of plan check if the original plan check has been expired Based on time required to complete the plan check application and on latest hourly rate, or 1/2 of the original plan check fee whichever Is greater Expedited Plan Check Double plan check fee to payfor consulting firm to provide timely Ian check of 5 working days Re -inspection $92.00 For each additional plan check after the third plan check, fee shall be based on hourly rate and time as determined by Building Official $111.00 per hour After -Hours Inspection 11.5 times the latest hourly rate; 4 hours minimum Page 6 of 13 CITY OF BALDWIN PARK EXHIBIT A-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions) Service / Application Current Fee/Proposed Fee Certificate: Certificate of Occupancy - Original No charge Certificate of Occupant - Subsequent $56.00 Request for Address Change $750.00 Garage Re -Conversion Inspection $275.00 School Fee Application Processing 1$31.00 Plan Imaging Fee 3.47/per sheet of plans PLUMBING PERMIT Permit Issuance $37.50 per permit Minimum Plumbing Permit Fee $69.00 per permit Minimum Plumbing Plan Check Fee At least 1 hour of staff time (latest hourly rate) or the calculated amount whichever is greater For any items which fee is not provided, the permit fee shall be based on hourly rate and on time as determined by Building Official $92.00 per hour For any items which fee is not provided, the plan check fee shall be based on hourly rate and on time as determined by Building Official $111.00 per hour Re -inspection $92.00 Plumbing Permit - Residential 1-1,000 sq.ft. $273 minimum 1,001-2,000 sq.ft. $273 plus $0.28 per sq.ft. in excess of 1,000 sq.ft. Over 2,000 sq.ft. $551 plus $0.28 per sq.ft. in excess of 2,000 sq.ft. Plumbing Permit - Retail & Other Commercials 1-2,000 sq.ft. $184 minimum 2,001-4,000 sq.ft. $184 plus $0.05 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $275 plus $0.05 per sq.ft. in excess of 4,000 sq.ft. 6,001-10,000 sq.ft. $367 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $551 plus $0.02 per sq.ft. in excess of 10,000 sq.ft. Plumbing Permit - Dental & Medical Offices 1-2,000 sq.ft. $910 minimum 2,001-4,000 sq.ft. $910 plus $0.19 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $1,285 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $1,469 plus $0.09 per sq.ft. in excess of 6,000 sq.ft. Plumbing Permit- Restaurant 1-2,000 sq.ft. $910 minimum 2,001-4,000 sq.ft. $910 plus $0.23 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $1,377 plus $0.23 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $1,836 plus $0.23 per sq.ft. in excess of 6,000 sq.ft. Plumbing Permit - Industrial 1.2,000 sq.ft. $364 minimum 2,001-4,000 sq.ft. $364 plus $0.05 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $459 plus $0.05 per sq.ft. in excess of 4,000 sq.ft. 6,001-8,000 sq.ft. $551 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Over 8,000 sq.ft. $643 plus $0.05 per sq.ft. in excess of 8,000 sq.ft. Plumbing Permit - Residential Room Addition 1-500 sq.ft. $182 minimum Over 500 sq.ft. $182 plus $0.19 per sq.ft. in excess of 500 sq.ft. PLUMBING PLANS CHECK Plumbing Plan Check - Retail & Other Commercials 1-2,000 sq.ft. $220 minimum Page 7 of 13 CITY OF BALDWIN PARK EXHIBIT A-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions) Service / Application Current Fee/Proposed Fee 2,001-4,000 sq.ft. $220 plus $0.03 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 scift. $278 plus $0.03 per sq.ft. in excess of 4,000 sq.ft. 6,001-10,000 sq.ft. $334 plus $0.03 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $445 plus $0.02 per sq.ft. in excess of 10,000 sq.ft. Plumbing Plan Check - Dental & Medical Offices 1-2,000 sq.ft. $550 minimum 2,001-4,000 sq.ft. $550 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 scift. $778 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $890 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Plumbing Plan Check - Restaurant 1-2,000 sq.ft. $550 minimum 2,001-4,000 scift. $550 plus $0.11 per sq.ft. In excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $778 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $890 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Plumbing Plan Check - industrial 1-2,000 sq.ft. $330 minimum 2,001-4,000 sq.ft. $330 plus $0.07 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $463 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. 6,001-8,000 scift. $575 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Over 8,000 scift. $704 plus $0.06 per sq.ft. in excess of 8,000 sq.ft. Plumbing Plan Check - Multifamily 1-2,000 sq.ft. $550 minimum 2,001-4,000 sq.ft. $550 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $778 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $890 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. PLUMBING FEES (Others) UNIT FEE For each plumbing fixture or trap or set of fixtures on one trap (including water, drainage, piping and backflow protection) $170.00 Building Sanitary Waste (sewer) new or repair $252.00 Rainwaters stems $170.00 For each sewer connection $170.00 For each sewer cap $170.00 Gas Piping System: 1-5 outlets $170.00 Each outlet in excess of 5 outlets $28.00 For each industrial waste pre-treatment interceptor, including its trap and vent (except kitchen grease interceptors functioning as fixture traps) $335.00 For installation, alteration or repair of water piping and/or water treating equip ment $170.00 For repair or alteration of drainage or venting piping $170.00 For each lawn sprinkler system or any one meter including backflow protection devices $170.00 For vacuum breakers or backflow protective devices on tanks, vats, etc. or for installation on unprotected plumbing fixtures including necessary water piping: 1 to 5 units 1$170.00 Each unit in excess of 5 units 1$28.00 MECHANICAL PERMIT Page 8 of 13 CITY OF BALDWIN PARK EXHIBIT A-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions) Service / Application Current Fee/Proposed Fee Permit Issuance $37.50 per permit Minimum Mechanical Permit Fee $69.00 per permit Minimum Mechanical Plan Check Fee At least 1 hour of staff time (latest hourly rate) or the calculated amount whichever is greater. For any items which fee is not provided, the permit fee shall be based on hourly rate and on time as determined by Building Official $92.00 per hour For any items which fee is not provided, the plan check fee shall be based on hourly rate and on time as determined by Building Official $111.00 per hour Re -inspection $92.00 Mechanical Permit - Residential 1-1,000 sq.ft. $91 minimum 1,001-2,000 sq.ft. 1$91 plus $0.09 per sq.ft. in excess of 1,000 sq.ft. Over 2,000 sq.ft. $184 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. Mechanical Permit - Retail & Other Commercials 1-2,000 sq.ft. $182 minimum 2,001-4,000 sq.ft. $182 plus $0.05 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $275 plus $0.05 per sq.ft. in excess of 4,000 sq.ft. 6,001-10,000 sq.ft. $367 plus $0.04 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $536 plus $0.04 per sq.ft. in excess of 10,000 sq.ft. Mechanical Permit - Dental & Medical Offices 1-2,000 sq.ft. $455 minimum 2,001-4,000 sq.ft. $455 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $643 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $826 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Mechanical Permit - Restaurant 1-2,000 sq.ft. $455 minimum 2,001-4,000 sq.ft. $455 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $643 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $826 plus $0.05 per scift. in excess of 6,000 sq.ft. Mechanical Permit - Industrial 1-2,000 sq.ft. $273 minimum 2,001-4,000 sq.ft. $273 plus $0.05 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $459 plus $0.05 per sq.ft. in excess of 4,000 sq.ft. 6,001-8,000 sq.ft. $551 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Over 8,000 sq.ft. $643 plus $0.05 per sq.ft. in excess of 8,000 sq.ft. Mechanical Permit - Residential Room Addition 1-500 sq.ft. $92 minimum Over 500 sq.ft. $92 plus $0.18 per sq.ft. in excess of 500 sq.ft. MECHANICAL PLANS CHECK Mechanical Plan Check- Retail & Other Commercials 1-2,000 sq.ft. $220 minimum 2,001-4,000 sq.ft. $220 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $445 plus $0.05 per sq.ft. in excess of 4,000 sq.ft. 6,001-10,000 sq.ft. $537 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $741 plus $0.05 per sq.ft. in excess of 10,000 sq.ft. Mechanical Plan Check -Dental & Medical Offices 1-2,000 sq.ft. $330 minimum 2,001-4,000 sq.ft. $330 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. Page 9 of 13 CITY OF BALDWIN PARK EXHIBITA-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions ) Service / Application Current Fee/Proposed Fee Over 6,000 sq.ft. $667 plus $0.07 per sq.ft. in excess of 6,000 sq.ft. Mechanical Plan Check- Restaurant 1-2,000 sq.ft. $330 minimum 2,001-4,000 sq.ft. $330 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.11 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $778 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Mechanical Plan Check- Industrial 1-2,000 sq.ft. $330 minimum 2,001-4,000 sq.ft. $330 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $445 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. 6,001-8,000 sq.ft. $556 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Over 8,000 sq.ft. $667 plus $0.07 per sq.ft. in excess of 8,000 sq.ft. Mechanical Plan Check- Multifamily 1-2,000 sq.ft. $330 minimum 2,001-4,000 sq.ft. $330 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $667 plus $0.07 per sq.ft. in excess of 6,000 sq.ft. MECHANICAL FEES (Others) UNIT FEE Heating Appliance (Wall Unit) $252.00 Installation or relocation of Ducts/Registers associated with HVAC System 1 to 10 units $252.00 Each unit in excess of 10 units $28.00 Vent Fan $170.00 Kitchen Hoods - Residential or Type 11 $252.00 Kitchen Hoods -T e I Commercial $335.00 Gas System $170.00 FAU/FURNACE Under 10,000 BTU $252.00 Over 10,000 BTU $252.00 Compressor or Boiler: Under 3 HP $252.00 Greater than 3 HP but less than 15 HP $252.00 Greater than 15 HP but less than 30 HP $252.00 Greater than 30 HP but less than 50 HP $252.00 Greater than 50 HP $335.00 Fire/Smoke/Environmental Dampers 1 to 5 units $170.00 Each unit in excess of 5 units $28.00 Miscellaneous (For each appliance or piece of equipment regulated $252.00 by the Mechanical Code but not classed in other appliance categories ELECTRICAL PERMIT Permit Issuance $37.50 per permit Minimum Electrical Permit Fee $69.00 per permit Minimum Electrical Plan Check Fee ' At least 1 hour of staff time (latest hourly rate) or the calculated amount whichever is greater For any items which fee is not provided, the permit fee shall be based on hourly rate and on time as determined by Building Official $92.00 per hour Page 10 of 13 CITY OF BALDWIN PARK EXHIBIT A-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions) Service / Application Current Fee/Proposed Fee For any items which fee is not provided, the plan check fee shall be based on hourly rate and on time as determined by Building Official $111.00 per hour Re -inspection 1$92.00 Electrical Permit - Residential 1-1,000 sq.ft. $364 minimum 1,001-2,000 sq.ft. $364 plus $0.10 per sq.ft. in excess of 1,000 sq.ft. Over 2,000 scift. $459 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. Electrical Permit - Retail & Other Commercials 1-2,000 sq.ft. $546 minimum 2,001-4,000 sq.ft. $546 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $735 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. 6,001-10,000 sq.ft. $918 plus $0.09 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft.. 1 $1,285 plus $0.03 per sq.ft. in excess of 10,000 sq.ft. Electrical Permit - Dental & Medical Offices 1-2,000 sq.ft. $910 minimum 2,001-4,000 sq.ft. $910 plus $0.19 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $1,285 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $1,469 plus $0.09 per sq.ft. in excess of 6,000 sq.ft. Electrical Permit - Restaurant 1-2,000 sq.ft. $546 minimum 2,001-4,000 sq.ft. $546 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $735 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $918 plus $0.05 per sq.ft. in excess of 6,000 sq.ft. Electrical Permit - industrial 1-2,000 sq.ft. $546 minimum 2,.001-4,000 sq.ft. $546 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $735 plus $0.09 per sq.ft. in excess of 4,000 sq.ft. 6,001-8,000 sq.ft. $918 plus $0.09 per sq.ft. in excess of 6,000 sq.ft. Over 8,000 sq.ft. $1,102 plus $0.09 per sq.ft. in excess of 8,000 sq.ft. Electrical Permit - Residential Room Addition 1-500 sq.ft. $182 minimum Over 500 sq.ft. $182 plus $0.37 per sq.ft. in excess of 500 sq.ft. ELECTRICAL PLANS CHECK Electrical Plan Check - Retail & Other Commercials 1-2,000 sq.ft. $330 minimum 2,001.-4,000 sq.ft. $330 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. 6,001-10,000 sq.ft. $667 plus $0.07 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $927 plus $0.03 per sq.ft. in excess of 10,000 sq.ft. Electrical Plan Check - Dental & Medical Offices 1-2,000 sq.ft. $440 minimum 2,001-4,000 sq.ft. $440 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $667 plus $0.11 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $890 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Electrical Plan Check - Restaurant 1-2,000 sq.ft. $334 minimum 2,001-4,000 sq.ft. $334 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.11 per sq.ft. in excess of 4,000 sq.ft. Over 6,000 sq.ft. $778 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Electrical Plan Check - Industrial Page 11 of 13 CITY OF BALDWIN PARK EXHIBIT A-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions) Service / Application Current Fee/Proposed Fee 1-2,000 sq.ft. $440 minimum 2,001-4,000 sq.ft. $440 plus $0.06 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. $556 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. 6,001-8,000 sq.ft. $667 plus $0.06 per sq.ft. in excess of 6,000 sq.ft. Over 8,000 sq.ft. $778 plus $0.05 per sq.ft. in excess of 8,000 sq.ft. Electrical Plan Check - Multifamily 1-2,000 sq.ft. 330 minimum 2,001-4,000 sq.ft. 330 plus $0.11 per sq.ft. in excess of 2,000 sq.ft. 4,001-6,000 sq.ft. 556 plus $0.06 per sq.ft. in excess of 4,000 sq.ft. [$$667 6,001-10,000 sq.ft. plus $0.07 per sq.ft. in excess of 6,000 sq.ft. Over 10,000 sq.ft. $927 plus $0.03 per sq.ft. in excess of 10,000 sq.ft. ELECTRICAL FEES (Others) UNIT FEE Main Service Panel Up to 200A $170.00 200A z 1000A $391.00 Over 1000A $560.33 Temporary Power Pole Single Pole $170.00 2 - 5 Poles $255.00 Over 5 Poles $680.00 Pole Lights 1- 5 Poles $170.00 Over 5 Poles Add $35 for each additional pole MISCELLANEOUS PERMIT Building Permit - Re -Roof Residential - Asphalt Shingles 1 -1,000 sq.ft. $273 minimum 1,001-2,000 sq.ft. $273 plus $0.09 per sq.ft. in excess of 1,000 sq.ft. Over 2,000 sq.ft. $367 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. Building Permit - Re -Roof Residential - Tile Roof 1-1,000 sq.ft. $273 minimum 1,001-2,000 sq.ft. $273 plus $0.19 per sq.ft. in excess of 1,000 sq.ft. Over 2,000 sq.ft. $459 plus $0.09 per sq.ft. in excess of 2,000 sq.ft. Building Permit - Re -Roof Commercial - Flat Roof 1-2,500 sq.ft. $273 minimum 2,501-5,000 sq.ft. $273 plus $0.19 per sq.ft. in excess of 2,500 sq.ft. 5,001-10,000 sq.ft. $459 plus $0.04 per sq.ft. in excess of 5,000 sq.ft. Over 10,000 sq.ft. $643 plus $0.04 per sq.ft. in excess of 10,000 sq.ft. Building Permit - Re -Roof Commercial - Tile Roof 1-1,000 sq.ft. $273 minimum 1,001-2,000 sq.ft. $273 plus $0.19 per sq.ft. in excess of 1,000 sq.ft. 2,001-4,000 sq.ft. $459 plus $0.05 per sq.ft. in excess of 2,000 sq.ft. 4,001-8,000 sq.ft. $551 plus $0.05 per sq.ft. in excess of 4,000 sq.ft. 8,001-12,000 sq.ft. $735 plus $0.05 per sq.ft. in excess of 8,000 sq.ft. 12,001-20,000 sq.ft. $918 plus $0.04 per sq.ft. in excess of 12,000 sq.ft. Over 20,000 sq.ft. 1$1,224 plus $0.04 per sq.ft. in excess of 20,000 sq.ft. Building Permit - Photovoltaic System Commercial $1000 up to 50 kW, plus $7/kW for each additional kW between 51 kW -250 kW, plus $5/kW above 251 kW AB1414 Residential $447 up to 15 kW, plus $15/kW for each additional kW (AB1414) Page 12 of 13 CITY OF BALDWIN PARK EXHIBIT A-1 BUILDING PERMIT, PLAN CHECK & INSPECTION FEE SCHEDULE (Fees Remain Unchanged from Prior Fiscal Year with Few Updates in Descriptions) Service / Application $110 minimum Current Fee/Proposed Fee Building Permit - Swimming Pool Standard Plan s .ft. in excess of 1,000 s .ft. 2,001-4,000 s .ft. 1-300 s .ft. $459 minimum 4,001-8,000 s .ft. 301-500 s .ft. $459 plus $0.92 per s .ft. in excess of 300 s .ft. Over 500 s .ft. $643 plus $0.46 per s .ft. in excess of 500 s .ft. Building Permit - Swimming Poolspecial engineering and/or water falls Over 20,000 s .ft. 1-300 s .ft. $643 minimum Plan Check - Swimming 301-500 s .ft. $643 plus $0.92 per s .ft. in excess of 300 s .ft. Over 500 s .ft. $826 plus $0.46 per s .ft. in excess of 500 s .ft. MISCELLANEOUS PLANS CHECK Plan Check - Re -Roof Residential - Tile Roof Over 500 s .ft. $334 plus $0.56 per 1-1,000 s .ft. $110 minimum Poolspecial engineering and/or water falls 1,001-2,000 s .ft. $110 plus $0.08 per s .ft. in excess of 1,000 sq.ft. Over 2,000 s .ft. $185 plus $0.04 per s .ft. in excess of 2,000 sq.ft. Plan Check - Re -Roof Commercial - Flat Roof Over 500 s .ft. $445 plus $0.56 per 1-2,500 s .ft. $110 minimum 2,501-5,000 s .ft. $110 plus $0.04 per s .ft. in excess of 2,500 sq.ft. 5,001-10,000 s .ft. $222 plus $0.02 per s .ft. in excess of 5,000 s .ft. rlvor 1 n nnn en_fr. 1 5334 plus 50.02 oer so.ft. in excess of 10.000 soft. Check - Re -Roof Commercial - 1-1,000 s .ft. $110 minimum 1,001-2,000 s .ft. $110 plus $0.11 per s .ft. in excess of 1,000 s .ft. 2,001-4,000 s .ft. $222 plus $0.10 per s .ft. in excess of 2,000 s .ft. 4,001-8,000 s .ft. $426 plus $0.10 per s .ft. in excess of 4,000 s .ft. 8,001-12,000 s .ft. $834 plus $0.09 per s .ft. in excess of 8,000 s .ft. 12,001-20,000 s .ft. 1$1,205 plus $0.09 per s .ft. in excess of 12,000 s .ft. Over 20,000 s .ft. 1$1,946 plus $0.09 per s .ft. in excess of 20,000 s .ft. Plan Check - Swimming Pool Standard Plan 1-300 s .ft. $220 minimum 301-500 s .ft. $220 plus $0.57 per s .ft. in excess of 300 s .ft. Over 500 s .ft. $334 plus $0.56 per s .ft. in excess of 500 s .ft. Plan Check - Swimming Poolspecial engineering and/or water falls 1-300 s .ft. $330 minimum 301-500 s .ft. $330 plus $0.58 per s .ft. in excess of 300 s .ft. Over 500 s .ft. $445 plus $0.56 per s .ft. in excess of 500 s .ft. Note Hourly Rate is the fully burdened hourly rate (FBHR) of a position that includes salary, benefits, and applicable overhead (for operational and administrative support). Page 13 of 13 CITY OF BALDWIN PARK EXHIBITA-2 PLANNING FEE SCHEDULE Effective September 2019 Planning Entitlement Current Fee Proposed Fee FBHR" of staff time + actual cost of City Attorney. ADMINISTRATIVE ADJUSTMENT $582.93 $600 deposit required per case FBHR of staff time+ actual cost of City Attorney. ZONE VARIANCE/COND'L USE PERMIT $1,748.79 $1,750 deposit required per case FBHR of staff time + actual cost of City Attorney. ZONE VARIANCE - SINGLE FAMILY/LOT $1,326.00 $1,330 deposit required per case FBHR of staff time+ actual cost of AMENDMENT TO ZONING City Attorney. CODE/GEN.PLAN/ZONE CHANGE $3,380.99 $3,400 deposit required per case ZONE CHANGE ONLY $2,798.06 Remove FBHR of staff time + actual cost of City Attorney. DEVELOPMENT PLAN/AGREEMENT $2,914.65 $2,915 deposit required percase FBHR of staff time + actual cost of City Attorney. SPECIFIC PLAN $2,914.65 (S2,915 deposit required per case FBHR of staff time + actual cost of City Attorney. CONDITIONAL USE PMT $1,320.90 $1320 deposit required per case CONDITIONAL USE PMT (RENEWAL) $1,320.90 Remove 100% of the highest, 2/3 of any additional applications, and include cost of public hearing in the COMBINED PUBLIC HEARINGS application cost Remove REQUESTED CONTINUANCE 1/2 times current application fee Remove FBHR of staff time + actual cost of City Attorney. ACCESSORY DWELLING UNIT (ADU) REVIEW $1,000 deposit required percase TREE REMOVAL PERMIT $90 + $50 for each additional tree COVENANT PREPARATION $115 FBHR of staff time + actual cost of City Attorney. MODEL HOME MARKETING COMPLEX PLAN $1,000 deposit required per case FBHR of staff time + hourly cost of consultant per hour LANDSCAPE PLAN REVIEW -RESIDENTIAL 1,250 deposit required) FBHR of staff time + hourly cost of consultant per hour LANDSCAPE PLAN REVIEW -COMMERCIAL $2,500 deposit required) CATEGORICAL EXEMPTION $69.95 Remove NEGATIVE DECLARATION Actual Consultant Cost plus FBHR of Negative declaration Actual Consultant Cost plus 35% staff time $10,000 deposit required) Actual Consultant Cost plus FBHR of Mitigated negative declaration Actual Consultant Cost plus 50% staff time $10,000 depositrequired) Actual Consultant Cost plus FBHR of ENVIRONMENTAL IMPACT REPORT REVIEW See T-231 staff time $10,000 deposit required) Actual Consultant cost plus FBHR of ENVIRONM'L IMPACT RPT PROCESSING Actual cost plus 19% staff time $10,000 deposit required) MAP COPY SERVICE $10.20 per hard co $11 per hard copy FBHR of staff time + non-refundable APPEAL TO ZONING ADMINISTRATOR $932.69 $951 filing fee FBHR of staff time + non-refundable APPEAL TO PLANNING COMMISSION $932.69 $951 filing fee FBHR of staff time+ non-refundable APPEAL TO THE CITY COUNCIL $932.69 $951 filing fee TENTATIVE TRACT/PARCEL MAP APPEAL $349.76 Remove TIME EXTENSION $582.93 $595 Flat fee iof2 CITY OF BALDWIN PARK EXHIBITA-2 PLANNING FEE SCHEDULE Effective September 2019 SIGN PROGRAM REVIEW $1,165.86 FBHR of staff time + actual cost of City Attorney. ($1,170 deposit required per case TEMPORARY SIGN PERMIT $20.40 persign $21 PERMANENT SIGN PERMIT $66.30 persign $68 ZONING CONFORMANCE LETTER $320.61 $325 deposit + FBHR of staff time NON-CONFORMING/REBUILD LETTER $215.68 Remove ZONING COMPLIANCE LETTER $58.29 Remove OUTDOOR DISPLAY REVIEW < 5,000 s .ft. $349.76 $357 > 5,000 s .ft. $581.40 $593 OUTDOOR DINING REVIEW $174.88 FBHR of staff time + actual cost of City Attorney. $175 deposit required) GENERAL PLAN SURCHARGE * $100,000 0.75% of value 0.75% of value > $100,000 $750+0.50% of value over $100,000 $750+0.50% of value over $100,000 Minimum amount $25.50 $26 BUSINESS LICENSE REVIEW $10.20 $10.50 PLANNING PLAN REVIEW SURCHARGE (% of the building valuationy 0.23% of value $45 minimum Commercial/Industrial Residential 0.19% of value 0.18% of value Combined and see above PLANNING DESIGN REVIEW Refer to Exhibit A-2 TENTATIVE PARCEL MAP $3,497.58 FBHR of staff time + actual cost of City Attorney. $3,500 deposit required) TENTATIVE TRACT MAP $4,080.51 FBHR of staff time + actual cost of City Attorney. $4,080 depositrequired) PRELIMINARY PLAN REVIEW Not In Use $1,700 Flat Fee PLANNING DESIGN REVIEW** Industrial/Commercial/Office No. of Residential Maximum Industrial / Commercial / Office New Construction - Square Footage Dwelling Units Remodel Value 1-1,000 1 $100,000 $408.05 $416 1,001-3,000 2-4 $200,000 $582.93 $595 3,001-6,000 5-6 $400,000 $786.96 $803 6,001-10,000 7-10 $700,000 $1,020.13 $1,040 10,001-15,000 11-15 $1,000,000 $1,428.18 $1,457 15,001-20,000 16-20 $1,500,000 $1,719.64 $1,754 20,001-27,000 21-25 Over $1,500,000 $2,011.11 $2,050 27,001-35,000 26-35 $2,302.57 $2,350 35,001-45,000 36-45 $2,652.33 $2,705 45,001-60,000 46-60 $3,031.24 $3,090 60,001-100,000 61-100 $3,468.43 $3,537 100,001-150,000 101-150 $3,905.63 $3,984 Over 150,000 Over 150 $4,488.56 $4,578 • FBHR is the fully burdened hourly rate of a position that includes salary, benefits, and applicable overhead (for operational and administrative support). •• Fee, Plus FBHR of staff time after the first two plan reviews 2of2 CITY OF BALDWIN PARK EXHIBIT A-3 PUBLIC WORKS FEE SCHEDULE Effective September 2019 Service / Application Current Fee Proposed Fee PARCEL (FINAL) MAP $3,000 plus $75 per parcel $3,000 plus $75 per parcel TRACT(FINAL)MAP $2,990 for 1st 4 lots/units plus $195 for each additional lot/unit for first three planchecks $2,990 for 1st 4lots/units plus $195 for each additional lot/unit for first three planchecks $225 for each additional plan check $225 for each additional plan check EASEMENT DEED REVIEW $495 $495 EASEMENT CHECKING $495 $495 MONUMENT INSPECTION $270 for first monument plus $65 for additional monument $270 for first monument plus $65 for additional monument MAP CONSISTENCY VERIFICATION $440 $440 WAIVER & COMPLIANCE CERTIFICATION $400 $400 AGREEMENT/IMPROVEMENT SECURITY $450 $450 IMPROVEMENT AGREEMENT TIME EXTENSION $500 $500 ADDITIONAL PLAN SUBMITTAL Not In Use Not In Use FINAL MAP TIME EXTENSION Six months $275 $275 Twelve months $550 $550 CERTIFICATE OF CORRECTION $1200 $1200 CERTIFICATE OF COMPLIANCE $2000 $2000 STREETVACATION PROCESSING $2200 $2200 COVENANT & AGREEMENT REVIEW $1000 $1000 LOT LINE ADJUSTMENT $3300 $3300 ENGINEERING DOCUMENT/ STUDY/ REPORT REVIEW (GEOTECHNICAL REPORT, HYDROLOGY & HYDRULICS REPORT, LOW IMPACT DEVELOPMENT LID REPORT, TRAFFIC STUDY, MISCELLANEOUS DOCUMENTS, ETC.) $1,600 $1,600/each EXPEDITED MAP/PLAN CHECK 1-1/2 times the original fee 1-1/2 times the original fee OTHER ENGINEERING SERVICES $50 per hour with minimum one hour $50 per hour with minimum one hour ENCROACHMENT PERMIT -LANE CLOSURE Per occurrence $175 $175 Monthly permit $490 $490 Annual permit $3750 $3750 ENCROACHMENT PERMIT -ROAD CLOSURE $650 $650 ENCROACHMENT PERMIT -OVERHEAD STRUCT. $560 $560 STREET CUT PLAN CHECK & INSPECTION TRENCH LENGTH: Up to 10 sq.ft. $115 $115 11 to 100 sq.ft. $115 plus $1.25 per sq.ft. over 10' $115 plus $1.25 per sq.ft. over 10' Over 100 sq.ft. $228 plus $1.04 per sq.ft. over 100' $228 plus $1.04 per sq.ft. over 100' SEWER DYE TEST $240 $240 STREET NAME CHANGE PROCESSING $1,590 plus $175 per sign $1,590 plus $175 per sign STREET ADDRESS CHANGE None None PRIVATE DIRECTIONAL SIGN $2,500 for two years $2,500 for two years GRAFFITI ABATEMENT AGREEMENT Not In Use Not In Use OVER WIDTH/HEIGHT/WEIGHT PERMIT $16 single trip permit; $90 annual permit (fees set by $16 single trip permit, $90 annual permit fees set GRADING & EXCAVATION PLAN CHECK Soto 100 cubic yards $380 $380 101 to 1,000 cubic yards $380+$82 per 100 CY $380+$82 per 100 CY 1,001 to 10,000 cubic yards $1,120+$200 per 1,000 CY $1,120+$200 per 1,000 CY 10,001 to 100,000 cubic yards $2,920 + $275 per 10,000 CY $2,920 + $275 per 10,000 CY > 100,000 cubic yards $5,395 + $435 per 100,000 CY $5,395 + $435 per 100,000 CY DRAINAGE PLAN CHECK One to three lots $250 for the first lot $250 for the first lot Four or more lots $115 for each additional lot $115 for each additional lot EROSION CONTROL PLAN CHECK Less than 1 acre $130 $130 1 acre but less than 5 acres $500 $500 OFFSITE IMPROVEMENTS PERMIT (PLAN CHECK AND INSPECTION) $0-$999 $175 $175 $1,000 - $9,999 $175 + 11% of value over $1,000 $175 + IVA of value over $1,000 $10,000 - $49,999 $1,165 + 8% of va lue over $10,000 $1,165 + 8% of value over $10,000 $50,000 - $99,999 $4,365 +4% of value over $50,000 $4,365 + 4% of value over $50,000 $100,000- $999,999 $6,365 + 2% of value over $100,000 1 $6,365 + 2% of value over $100,000 Page 1 of 2 CITY OF BALDWIN PARK EXHIBITA-3 PUBLIC WORKS FEE SCHEDULE Effective September 2019 Service / Application Current Fee Proposed Fee Street Improvements (such as curb only, cross gutter, sidewalk, driveway approach, curb & gutter, ADA ramp, etc.) Refer to Fees under Offsite Improvement Permit Storm Drain Improvements (such as parkway drain, catch basin, manhole, SD mainline and lateral, etc.) Referto Fees under Offsite Improvement Permit Traffic Improvements (such as red curbs, striping, lettering/ arrow, street name signs, traffic regulatory signs, traffic signal, etc.) Refer to Fees under Offsite Improvement Permit Sewer Improvements (such as manhole, sewer mainline and lateral, etc.) Refer to Fees under Offsite Improvement Permit Other improvements (such as Street light and street tree Installation, etc.) Refer to Fees under Offsite Improvement Permit GRADING & EXCAVATION INSPECTION 50 -100 cubic yards $355 $355 101-1000 cubic yards $355+$65 per 100 CY $355+$65 per 100 CY 1,001-10,000 cubic yards $940+$85 per 100 CY $940+$85 per 100 CY 10,001-100,000 cubic yards $1,705+$30 per 100 CY $1,705+$30 per 100 CY > 100,000 cubic yards $1,980.00 $1,980.00 DRAINAGE INSPECTION One to three lots $300 for first lot $300 for first lot Four or more lots $115 for each additional lot $115 for each additional lot EROSION INSPECTION Less than 1 acre $385 first three acres $385 first three acres 1 acre but less than 5 acres $125 each additional acre $125 each additional acre SEWER SEDDLE AND WYE $500/each TRAFFIC CONTROL PLAN CHECK $85+75/HR OTHER FIELD INSPECTION F13HR` RE -INSPECTION FBHR' NATIONAL POLLUTANT DISCHARGE ELIMINATION SYSTEM NPDES) INSPECTION F13HR* C&D MATERIALS MANAGEMENT DEMOLITION $300 for 1st review $75 for each subsequent review CONSTRUCTION $300 for 1st review $75 for each subsequent review C&D MATERIALS MANAGEMENT ADMIN FEE DEMOLITION $100 CONSTRUCTION $100 C&D MATERIALS MANAGEMENT RE -ROOF PROJECT $75 Page 2 of 2 CITY OF BALDWIN PARK EXHIBIT A-4 POLICE FEE SCHEDULE Effective September 2019 Service / Application Current Fee Proposed Fee POLICE REPORT COPY Direct from Department $55 $55 PHOTOGRAPH COPY RELEASE $25 for first picture; $5 for each additional picture $25 for first picture; $5 for each additional picture RELEASE/STORAGE OF FIREARMS If completed within one calendar year of receipt $50 $50 Every month after first calendar year $2 $2.0 VEHICLE CITATION VERIFICATION $15 $15.50 FINGERPRINT CARD PREPARATION $16 $16.50 IMPOUND/STORED VEHICLE RELEASE Vehicle release $245 $245 VENDOR CART/MDSE STORAGE+RELEASE Cart $245 $245 CIVIL SUBPOENA SVC BY OFFICER Federal subpoena $40 $40 All others $275 $275 SUBPOENA DUCES TECUM/RECORDS Labor perhour $24 $24 Per page copy of document $0.10 $0.10-$0.20 Per CD/Cassette to - audio recording $5 $5 Per DVE/Video tape -video recording $10 $10 Preparation of documents for subpoena $15 $15 RESIDENTIAL ALARM PERMIT& RESPONSE Annual alarm permit $25.50 $26 False alarm charge (residential) 1st offense Free 2nd offense $40.80 $42 3rd offense $81.60 $83 4th offense $122.40 $125 5th+ offense $122.40 $125 Appeal fee $7.65 $8 COMMERCIAL ALARM PERMIT& RESPONSE Annual alarm permit $71.40 $73 False alarm charge commercial 1st offense Free Free 2nd offense $71.40 $73 3rd offense $142.80 $146 4th offense $214.20 $218 5th+ offense $214.20 $218 Appeal fee 1 $15.30 $16 "PAY TO STAY" JAIL SERVICE $100 $100 BOOKING FEE $170 (includes one day jail time); $100 for I each additional day in 'ail $170 (includes one day jail time); $100 for each additional day in jail Page 1 of i CITY OF BALDWIN PARK EXHIBIT A-5 RECREATION PROGRAM FEE SCHEDULE Effective September 2019 Program Description Current Fee Proposed Fee Residents Non -Residents Residents Non -Residents Swim Lessons Children $40 $55 $45 $60 Adults $50 $70 $55 $75 Recreational Swimming Youth 0 —17 years $1.00 $2.00 $1 $2 Adults 18 — 54 years $2.00 $3.00 $2 $3 Senior Citizens 55 years + $0.50 $1.50 $0.75 $1.75 Weight Room Monthly 8-17 years $12 $15 $12 $15 Annual 8-17 years $100 $150 $100 $150 Monthly 18 years+ $22 $32 $22 $32 Annual 18 years+ $180 $300 $180 $300 Boxing Program Monthly 8-17 years $12 $15 $12 $15 Annual 8-17 years $100 $150 $100 $150 Monthly 18 years+ $22 $32 $22 $32 Annual 18 years+ $200 $300 $200 $300 Facility Rentals Aquatic Center 1-20 people $67/hr $98/hr $67/hr $98/hr 21— 50 people $93/hr $182/hr $93/hr $182/hr 51 - 100 people $121/hr $250/hr $121/hr $250/hr 101 — 150 people $174/hr $306/hr $174/hr $306/hr DEPOSIT $150 $150 $150 $150 Basketball Gym 100 or less $57/hr $105/hr $60/hr $110/hr 101 or more $78/hr $138/hr $80/hr $140/hr DEPOSIT $150 $150 $150 $150 Amphitheater Amphitheater $78/hr $105/hr $78/hr $105/hr Lights $36/hr $62/hr $40/hr $65/hr Security Guard $25/hr $25/hr $30/hr $30/hr DEPOSIT $300 $300 $300 $300 Community Center Game Room $46/hr $82/hr $46/hr $82/hr DEPOSIT $100 $100 $100 $100 Dance Studio $31/hr $51/hr. $32/hr $55/hr *Meeting Rm-Single $32/hr $52/hr $35/hr $55/hr *Meeting Rm-Double $53/hr $107/hr $55/hr $110/hr Morgan Park Picnic Shelter (1-40) $82 Flat $108FIat $82 Flat $108Flat Picnic Shelter (41-80) $118 Flat $128 Flat $118 Flat $128 Flat 1 of 3 CITY OF BALDWIN PARK EXHIBIT A-5 RECREATION PROGRAM FEE SCHEDULE Effective September 2019 Program Description Current Fee Residents Non -Residents Pro Residents osed Fee Non -Residents Athletic Field $57/hr $105/ hr $60/hr $110/ hr Lights $36/hr $60/hr $40/hr $65/hr Senior Center Celebration Hall (100 or less) $123/hr $156/hr $125/hr $160/hr Celebration Hall (101 or more) $155/hr $196/hr $160/hr $200/hr Security Guard $25/hr $25/hr $30/hr $30/hr DEPOSIT $500 $500 $500 $500 *Single Meeting Rooms (Adobe East/West, Avocado) $30/hr $50/hr $35/hr $55/hr *Double Meeting Rooms (Adobe East & West) $53/hr $107/hr $55/hr $110/hr DEPOSIT $150 $150 $150 $150 Arts & Recreation Center Celebration Hall (100 or less) $123/hr $156/hr $125/hr $160/hr Celebration Hall (100 or more) $155/hr $196/hr $160/hr $200/hr Security Guard $25/hr $25/hr $30/hr $30/hr DEPOSIT $500 $500 $500 $500 *Multipurpose Room $48/hr $74/hr $50/hr $78/hr DEPOSIT $150 $150 $150 $150 Executive Board Room $51/hr $77/hr $52/hr $78/hr DEPOSIT $200 $200 $200 $200 Dance Studio $31/hr $51/hr $32/hr $55/hr DEPOSIT $150 $150 $150 $150 Amphitheater $82/hr $105/hr $82/hr $105/hr Security Guard $25/hr $25/hr $30/hr $30/hr DEPOSIT $300 $300 $300 $300 Family Service Center Hall $70/hr $118/hr $75/hr $120/hr DEPOSIT $150 $150 $150 $150 *Meeting Room $27/hr $47/hr $35/hr $55/hr DEPOSIT $150 $150 $150 $150 Barnes Park Family Recreation Center *Meeting Room $31/hr $62/hr $35/hr $55/hr DEPOSIT $150 $150 $150 $150 Game Room $26/hr $51/hr $26/hr $51/hr DEPOSIT $100 $100 $100 $100 Picnic Shelter (1-40) $82 Flat $118 Flat $82 Flat $118 Flat Picnic Shelter (41-80) $118 Flat $128 Flat $118 Flat $128 Flat DEPOSIT $100 $100 $100 $100 Athletic Field $56/hr $105/hr $60/hr $110/hr Lights $36/hr $62/hr $40/hr $65/hr DEPOSIT $150 $150 $150 $150 Teen Center *Meeting Room $31/hr $62/hr $35/hr I $65/hr 2of3 CITY OF BALDWIN PARK EXHIBIT A-5 RECREATION PROGRAM FEE SCHEDULE Effective September 2019 Program Description Current Fee Residents Non -Residents Pro Residents osed Fee Non -Residents DEPOSIT $150 $150 $150 $150 Game Room $46/hr $82/hr $46/hr $82/hr Rock Wall $21/hr $26/hr $21/hr $26/hr DEPOSIT $100 $100 $100 $100 Hilda L. Solis Park Picnic Shelter (41-80) $118 Flat $128 Flat $118 Flat $128 Flat DEPOSIT $100 $100 $100 $100 Walnut Creek Nature Park Gazebo $46/hr $72/hr $50/hr $75/hr DEPOSIT $150 $150 $150 $150 Syhre Park Athletic Field $56/hr $105/hr $60/hr $110/hr Lights $36/hr $62/hr $40/hr $65/hr DEPOSIT $150 $150 $150 $150 Equipment TV/VCR Not Available Not Available Not Available Not Available P.A. System Not Available Not Available Not Available Not Available Slide Projector Not Available Not Available Not Available Not Available Screen Not Available Not Available Not Available Not Available Podium Not Available Not Available Not Available Not Available Inflatable/Mechanical Ride $25/day $25/day $25/day $30/day Decorating / Set Up Fee $46/hr $45/hr $50/hr $55/hr Processing Fee (Per Application) $25 $25 $25 $30 NOTE Staff will regularly review the above rates whenever significant changes occur in the market and re -present the new competitive rates to the City Council for approval. 3of3 CITY OF BALDWIN PARK EXHIBIT A-6 ANIMAL CARE AND CONTROL LICENSE FEE SCHEDULE Effective September 2019 (Fees Remain Unchanged from Prior Fiscal Year) Note: * Senior owner must be (60 years +) and are allowed to license no more than one (1) altered pet per household at the senior rate. ** Discount rate for military veterans with disabilities are required to provide valid documentation. *** Penalty fee is assessed if the license fee is paid more than 30 days late. 1ofI Military Senior* (60 Veterans** with years+) Disabilities Field Unaltered Owned Owned Altered Unaltered Enforcement Dog Altered Dog Altered Dog Dog Cat Altered Cat Fee Penalty Fee*** Current Fee**** 1 $60.00 1 $20.00 $7.50 $7.50 $10.00 1 $5.00 $40.00 Same as License Fee Note: * Senior owner must be (60 years +) and are allowed to license no more than one (1) altered pet per household at the senior rate. ** Discount rate for military veterans with disabilities are required to provide valid documentation. *** Penalty fee is assessed if the license fee is paid more than 30 days late. 1ofI CITY OF BALDWIN PARK BUSINESS LICENSE FEE SCHEDULE Effective September 2019 Advertising $80.00 Each Billiard & Pool Hall $50.00 +$15.00 for Ea. Table in Juke Box Excess of One Bowling Alley $50.00+$15.00 for Ea. Lane in Merchandise or Service Excess of One Carnival / Circus $62.50 per day +$12.50 Ea. Machine Activated at 24C or less Ride+Temporary Use Permit Postage Stamp Machines $125.00 per day maximum Vending Machines $100.00 Per Year Game or Mechanical Rides $60.00 Each Juke Box $15.00 Each Cigarette & Tobacco Machine $10.00 Each Merchandise or Service $50.00 Per Year Machine Activated at 25C or more $10.00 Each Machine Activated at 24C or less $ 5.00 Each Postage Stamp Machines $ 125 Each Pool Table $50.00 First Table + $15.00 Masonry Contractor Each Table In Excess of One Ing Machine Delivery See Retail/Wholesale Delivery e Hall $250.00 Per Year :re $0.25 Each Fixed Seat or Car Space oneer $175.00 Not Prorated :le/Treilers New/Used $100.00 Wrecking Yard $80.00+ ($7.00 for Each Employee over Three) General Contractor $100.00 Per Year General Contractor -Home OCC $50.00 Per Year Asphalt Contractor $50.00 Per Year Concrete Contractor $50.00 Per Year Demolition Contractor $50.00 Per Year Electrical Contractor $50.00 Per Year Fence/Block wall Contractor $50.00 Per Year Flooring Contractor $50.00 Per Year Heating/Air Cond. Contractor $50.00 Per Year Masonry Contractor $50.00 Per Year Painting Contractor $50.00 Per Year Patio/Awning Contractor $50.00 Per Year Pipeline Contractor $50.00 Per Year Plumbing Contractor $50.00 Per Year Roofing Contractor $50.00 Per Year Sewer Contractor $50.00 Per Year Sign/Neon Contractor $50.00 Per Year Swimming Pool Contractor $50.00 Per Year Plaster/Drywall Contractor $50.00 Per Year Miscellaneous Contractor $50.00 Per Year Home Occupation Contractor $50.00 Per Year Note: The business license fees remain unchanged from prior years. EXHIBIT A-7 $50.00+$9.00 FOR EACH EMPLOYEE OVER THREE (3) $50.00 FOR EACH PRACTICING MEMBER Dry Cleaner +$9.00 FOR EACH EMPLOYEE OVER THREE (3) Accountant Mortician Appraiser Optician Architect Optometrist Attorney at Law Osteopath Physician Auditor Physiotherapist Bacteriologist Surveyor Chemist Veterinarian Chiropodist X-ray Lab Chiropractor Professional -Home OCC Dentist LlquorStore Engineering Consultant Professional -Other than Geologist Specified Note: The business license fees remain unchanged from prior years. EXHIBIT A-7 $50.00+$9.00 FOR EACH EMPLOYEE OVER THREE (3) Auto Parts/Supplies Dry Cleaner Nursery/Florist Auto Repair, Paint or Entertainment Produce Store Bodywork Furniture Store Retail Stores -All Bakery Gasoline Station Savings & Loan Co. Barber Shop Grocery Store Security Patrol Beauty Salon Income Tax Service Shoe Store Burglar Alarm Co. Jewelry Store Termite & Pest Control Clothing Store LlquorStore Trucking Company Dog Kennel Manufacturing Wholesale Sales Drive -In Dairy Meat Market T.V. Repair Drug Store/Pharmacy Misc. Services naking $100.00 Each Day als-Apartments $15.00 Each Unit als-Single Family Unit $30.00 Each Unit als-Commercial $50.00 + (95C per every $1,000 in Rest Homes/Convalescent rental income in excess of $25,000 Rooming House annually) Estate $100.00 + $7.00 for Each Employee Self-Serv. Car Wash over 3 Estate -Home OCC $50.00 Beer Tavern Per Seating Capacity, from: Cocktail Lounge 0-25 $ 50.00 Restaurant 26-100 $ 75.00 Drive-In/Take Out Food 101 & Over $150.00 Rest Homes/Convalescent $50.00+$5.00 for Each Bed Rooming House $10.00 Per Bed Laundromat $50.00 Per Year Self-Serv. Car Wash $50.00 Per Year Solicitor per person $100.00 Per Year or $15.00 Per Day Solicitor per person -OCC $ 50.00 Per Year or $15.00 Per Day Solicitor per company $300.00 (not to exceed 15 Individual solicitors) Home Occupations - All $50.00 Per Year Bingo Licenses $50.00 Per Year BUSINESS NOT $50.00+$9.00 for each employee SPECIFICALLY NAMED over 3 Distribution $100.00+(3C per sgft of chargeable covered and enclosed space) Vendor Vehicles $145.00 per Vehicle (Sale of Goods on Public Right -of -Way or Private Property) ;lesale Delivery $50.00 per Vehicle +$10.00 for Each Resale Delivery- Additional Vehicle Occ Hospital Hotel Motel Trailer Park Newspaper -Daily Newspaper -Weekly Junk Dealer Pawnshop $100.00+$5.00 for Each Bed {$50.00 + $5.00 for Each Unit over three (3) { $100.00 Per Year $50.00+$7.00 for Each Employee overthree(3) 1of1 Attachment 3 CPI for Los Angeles Area as of May 2019 N E W S R E L E A S E BNTpFf BUREAU OF LABOR STATISTICS U. S. D E P A R T M E N T O F L A B O R NqABLS O For Release: Wednesday, June 12, 2019 19 -962 -SAN WESTERN INFORMATION OFFICE: San Francisco, Calif. Technical information: (415) 625-2270 BLSinfoSF@bls.gov www.bis.gov/regionstwest Media contact: (415) 625-2270 Consumer Price Index, Los Angeles area — May 2019 Area prices were up 0.2 percent over the past month, up 3.1 percent from a year ago Prices in the Los Angeles area, as measured by the Consumer Price Index for All Urban Consumers (CPI - U), increased 0.2 percent in May, the U.S. Bureau of Labor Statistics reported today. (See table A.) Assistant Commissioner for Regional Operations Richard Holden noted that the May increase was influenced by higher prices for household furnishings and operations and natural gas service. (Data in this report are not seasonally adjusted. Accordingly, month-to-month changes may reflect seasonal influences.) Over the last 12 months, the CPI -U increased 3.1 percent. (See chart 1 and table A.) Energy prices increased 5.9 percent, largely the result of an increase in the price of gasoline. The index for all items less food and energy rose 2.9 percent over the year. (See table 1.) Chart 1.Over-the-year percent change in CRI -U, Los Angeles -Long Beach-Anahehn, CA, May 20164May 2019 M items Percent dun" Alt twos teas bod and eneW 5.0 101 itsa� 4.0 3.0 2.0 1.0 0.0 May Aug Nov Fab May 1i3 '17 Soi :U.S.Bureau ofLabor Statistft. Aug Nov Feb May Aug Nov t=ab May '18 '19 Food Food prices increased 0.2 percent for the month of May. (See table 1.) Prices for food at home rose 0.3 percent, and prices for food away from home moved up 0.2 percent for the same period. Over the year, food prices rose 2.9 percent. Prices for food away from home advanced 5.2 percent since a year ago, and prices for food at home rose 0.7 percent. Energy The energy index increased 1.4 percent over the month. The increase was mainly due to higher prices for natural gas service (11.9 percent). Prices for gasoline increased 0.8 percent, but prices for electricity inched down 0.1 percent for the same period. Energy prices increased 5.9 percent over the year, largely due to higher prices for gasoline (7.6 percent). Prices paid for electricity moved up 3.3 percent, and prices for natural gas service increased 0.6 percent during the past year. All items less food and energy The index for all items less food and energy edged up 0.1 percent in May. Higher prices for household furnishings and operations (3.0 percent) and medical care (0.3 percent) were partially offset by lower prices for apparel (4.5 percent) and recreation (-0.7 percent). Over the year, the index for all items less food and energy rose 2.9 percent. Components contributing to the increase included household furnishings and operations (5.7 percent) and shelter (4.4 percent). Partly offsetting the increases was a price decline in recreation (4.0 percent). Table A. Los Angeles -Long Beach -Anaheim, CA, CPI-lJ 1 -month and 12 -month percent changes, all items index, not seasonally adjusted Month 2015 2016 2017 2018 2019 1 -month 12- month 1 -month 12- month 1 -month 12- month 1 -month 12- month 1 -month 12- month January .............................................. -0.3 -0.1 0.7 3.1 0.9 2.1 0.8 3.5 0.7 3.2 February ............................................ 0.7 0.1 0.0 2.4 0.6 2.7 0.7 3.6 0.1 2.5 March ................................................ 1.0 0.5 0.3 1.7 0.3 2.7 0.4 3.8 0.6 2.7 April ................................................... -0.1 0.5 0.2 2.0 0.2 2.7 0.4 4.0 1.0 3.3 May .................................................... 1.0 1.1 0.5 1.4 0.3 2.5 0.4 .4.1 0.2 3.1 June ................................................... -0.3 0.8 0.1 1.8 -0.2 2.2 -0.2 4.0 July .................................................... 0.7 1.4 0.0 1.1 0.3 2.5 0.2 3.9 August ............................................... -0.3 1.1 0.0 1.4 0.3 2.8 0.2 3.9 September ......................................... -0.4 0.7 0.2 1.9 0.4 3.1 0.5 3.9 October .............................................. 0.2 1.0 0.4 2.2 0.4 3.1 0.5 4.1 November .......................................... 0.0 1.6 -0.4 1.8 0.1 3.6 -0.3 3.6 December .......................................... 1 -0.11 2.01 0.01 2.01 0.01 3.6 -0.31 3.21 1 The June 2019 Consumer Price Index for the Los Angeles area is scheduled to be released on July 11, 2019. Consumer Price Index Geographic Revision for 2018 In January 2018, BLS introduced a new geographic area sample for the Consumer Price Index (CPI). As part of the new sample, Los Angeles and Riverside have separate indexes. Additional information on the geographic revision is available at: www.bls.gov/cpi/additional-resources/geographic- revision-2018.htm. Technical Note The Consumer Price Index (CPI) is a measure of the average change in prices over time in a fixed market basket of goods and services. The Bureau of Labor Statistics publishes CPIs for two population groups: (1) a CPI for All Urban Consumers (CPI -U) which covers approximately 93 percent of the total population and (2) a CPI for Urban Wage Earners and Clerical Workers (CPI -W) which covers 29 percent of the total population. The CPI -U includes, in addition to wage earners and clerical workers, groups such as professional, managerial, and technical workers, the self-employed, short-term workers, the unemployed, and retirees and others not in the labor force. The CPI is based on prices of food, clothing, shelter, and fuels, transportation fares, charges for doctors' and dentists' services, drugs, and the other goods and services that people buy for day-to-day living. Each month, prices are collected in 75 urban areas across the country from about 5,000 housing units and approximately 22,000 retail establishments --department stores, supermarkets, hospitals, filling stations, and other types of stores and service establishments. All taxes directly associated with the purchase and use of items are included in the index. The index measures price changes from a designated reference date (1982-84) that equals 100.0. An increase of 16.5 percent, for example, is shown as 116.5. This change can also be expressed in dollars as follows: the price of a base period "market basket" of goods and services in the CPI has risen from $10 in 1982-84 to $11.65. For further details see the CPI home page on the Internet at www.bls.gov/cpi and the BLS Handbook of Methods, Chapter 17, The Consumer Price Index, available on the Internet at www.bls.gov/opub/hom/homch 17_a.htm. In calculating the index, price changes for the various items in each location are averaged together with weights that represent their importance in the spending'of the appropriate population group. Local data are then combined to obtain a U.S. city average. Because the sample size of a local area is smaller, the local area index is subject to substantially more sampling and other measurement error than the national index. In addition, local indexes are not adjusted for seasonal influences. As a result, local area indexes show greater volatility than the national index, although their long-term trends are quite similar. NOTE: Area indexes do not measure differences in the level of prices between cities; they only measure the average change in prices for each area since the base period. The Los Angeles -Long Beach -Anaheim. metropolitan area covered in this release is comprised of Los Angeles and Orange Counties in the State of California. Information in this release will be made available to sensory impaired individuals upon request. Voice phone: (202) 691-5200; Federal Relay Service: (800) 877-8339. Table 1. Consumer Price Index for All Urban Consumers (CPI -U): Indexes and percent changes for selected periods Los Angeles -Long Beach -Anaheim (1982-84=100 unless otherwise noted) Item and Group Indexes Percent change from - Mar. Apr. May May Mar. Apr. 2019 2019 2019 2018 2019 2019 Expenditure category All items........................................................... 271.311 273.945 274.479 3.1 1.2 0.2 All items (1967=100) ....................................... 801.573 809.356 810.932 - - - Food and beverages .................................... 264.112 265.788 266.326 2.7 0.8 0.2 Food ......................................................... 264.592 266.459 267.125 2.9 1.0 0.2 Food at home ....................................... 255.111 256.108 256.821 0.7 0.7 0.3 Cereals and bakery products ............... 267.027 270.934 276.434 6.9 3.5 2.0 Meats, poultry, fish, and eggs ............... 274.330 278.702 282.296 1.9 2.9 1.3 Dairy and related products ................... 246.976 243.276 247.601 1.8 0.3 1.8 Fruits and vegetables ........................... 343.687 342.410 342.939 0.0 -0.2 0.2 Nonalcoholic beverages and beverage 265.537 263.960 259.587 -0.2 -2.2 -1.7 materials(1).......................................... Other food at home .............................. 197.371 198.575 195.805 -3.5 -0.8 -1.4 Food away from home .............................. 270.937 273.686 274.293 5.2 1.2 0.2 Food away from home .......................... 270.937 273.686 274.293 5.2 1.2 0.2 Alcoholic beverages ................................. 241.589 240.606 239.413 0.3 -0.9 -0.5 Housing........................................................ 312.127 312.688 313.929 4.3 0.6 0.4 Shelter ...................................................... 359.475 361.669 361.789 4.4 0.6 0.0 Rent of primary residence(2)................ 380.499 381.531 382.263 5.4 0.5 0.2 Owners' equiv. rent of residences(2)(3). 373.265 375.066 375.869 4.8 0.7 0.2 Owners' equiv. rent of primary 373.243 375.044 375.847 4.8 0.7 0.2 residence(1)(2).................................. Fuels and utilities ...................................... 329.908 321.975 328.064 2.4 -0.6 1.9 Household energy ................................ 284.090 274.065 281.595 2.6 -0.9 2.7 Energy services(2) ............................ 282.620 272.507 280.104 2.6 -0.9 2.8 Electricity(2)................................... 321.116 323.613 323.435 3.3 0.7 -0.1 Utility (piped) gas service(2).......... 241.126 204.313 228.545 0.6 -5.2 11.9 Household furnishings and operations..... 121.782 119.225 122.762 5.7 0.8 3.0 Apparel......................................................... 109.928 110.382 108.695 0.8 -1.1 -1.5 Transportation .............................................. 212.514 223.435 224.193 3.4 5.5 0.3 Private transportation ............................... 209.911 219.807 220.355 3.7 5.0 0.2 New and used motor vehides(4).............. 91.803 91.923 91.852 -0.2 0.1 -0.1 New vehicles(1).................................... 169.506 170.106 170.988 1.0 0.9 0.5 Used cars and trucks(1) ....................... 269.606 269.228 266.438 -0.3 -1.2 -1.0 Motor fuel ............................................. 267.783 307.726 310.132 7.6 15.8 0.8 Gasoline (all types) ............................ 261.512 300.758 303.027 7.6 15.9 0.8 Gasoline, unleaded regular(4)....... 261.977 301.683 303.996 7.7 16.0 0.8 Gasoline, unleaded midgrade(4) 252.139 288.797 290.177 7.5 15.1 0.5 (5) .................................................. Gasoline, unleaded premium(4).... 249.632 285.205 287.318 7.3 15.1 0.7 Motor vehicle insurance(1)....................... 774.857 774.857 774.857 2.1 0.0 0.0 Medical care ................................................. 478.912 482.458 484.009 0.7 1.1 0.3 Recreation(6)................................................ 105.446 105.404 104.690 -1.0 -0.7 -0.7 Education and communication(6)................. 146.326 146.969 147.015 1.9 0.5 0.0 Tuition, other school fees, and child 1,893.391 1,893.391 1,893.391 6.6 0.0 0.0 care(1)...................................................... Other goods and services ............................ 438.268 436.530 435.145 1.6 -0.7 -0.3 Commodity and service group All items........................................................... 271.311 273.945 274.479 3.1 1.2 0.2 Commodities ................................................ 182.634 186.418 187.156 2.6 2.5 0.4 Commodities less food & beverages........ 140.105 144.444 145.211 2.6 3.6 0.5 Nondurables less food & beverages .... 190.025 199.474 199.884 3.1 5.2 0.2 Durables ............................................... 91.869 91.741 92.769 1.7 1.0 1.1 Note: See footnotes at end of table. ITEM NO. Im• TO: Honorable Mayor and Members of the City Council FROM: Ben Martinez, Director of Community Development" T PREPARED BY: Ron Garcia, City Planner�r DATE: July 17, 2019 SUBJECT: A Request for Consideration of and a Recommendation of Approval from the Planning Commission to the City Council on a Development Plan to Facilitate the Construction of a New 4,018 -Square Foot Drive -Through Restaurant, a Conditional Use Permit for the Operation of a Drive -Through Restaurant (Raising Cane's), and Tentative Parcel Map to Subdivide an Existing 9.19 -Acre Lot (Target Center) into Two Lots as follows: Parcel 1 (359,641 Square Feet), and Parcel 2 (40,810 Square Feet). (Location: 3100 Baldwin Park Blvd; Applicant: Ruben Gonzalez; Case Number: DP -18-85, TPM- 1440, and CP -879). SUMMARY On June 12, 2019 the Planning Commission adopted Resolution 19-11 recommending approval to the City Council on a Development Plan to facilitate the construction of new 4,018 -square foot drive through restaurant (Raising Cane's), a Conditional Use Permit for the operation of a drive-through restaurant, and Tentative Parcel Map to subdivide an existing 9.19 -acre lot (Target Center) into two lots. RECOMMENDATION Staff recommends that the City hold a Public Hearing and adopt Resolution 2019-036 approving Development Plan 18-85, Conditional Use Permit 879, and Tentative Parcel Map 1440. FISCAL IMPACT It is estimated that the General Fund will receive $34,664.00 development impact fees. In addition, this project will also generate property tax for the City. CEQA Staff has determined that the project is exempt from the provisions of the California Environmental Quality Act (CEQA), pursuant to Section 15303 (Class 3, New Construction of Small New Facilities) and Section 15315 (Minor Land Divisions) of the California Environmental Quality Act (CEQA), as the proposal involves the construction of a new drive through restaurant, and a two lot subdivision, no further analysis is required. ZONING AND LAND USES The project site consists of paved surface parking spaces that serve the Target retail store, as well as associated parking lighting standards and tree wells. The site is accessed via a two-way driveway at the intersection of Francisquito Avenue and Maine Avenue. The General Plan land use designation of the subject property is General Commercial, which is consistent with the property's F -C, Freeway Commercial, and Sierra Vista Overlay Zone. The subject site is approximately 359,641 -square feet (9.19 -acres) and generally square in shape. The site is in the northeastern portion of the Sierra Center shopping center (Sierra Center), approximately south of Baldwin Park Boulevard and Francisquito Avenue intersection. The table below provides a summary of the nearest land uses that surround the property in question. TABLE #1 SURROUNDING LAND USES North F 2 Restaurant and Commercial uses East F -C Commercial (Sierra Center) and Single - R -1 Family uses South F -C (SV) Commercial Sierra Center West F -C (SV) Commercial (Sierra Center) and Baldwin F -C Park Promenade BACKGROUND The subject property consists of surface parking that serves the Target retail store and is directly adjacent to the Jack in the Box drive-through restaurant. DISCUSSION The applicant is proposing to remove existing surface parking spaces, and construct a one-story 4,018-sqaure foot Raising Cane's restaurant with an outdoor patio, and covered patio. The restaurant would have traditional layout with an indoor dining area, kitchen, and service area. Access to the drive-through restaurant would be provided by an existing driveway on Francisquito Avenue and Baldwin Park Boulevard. No new curb cuts are proposed on Baldwin Park Boulevard or Francisquito Avenue. Parking is proposed on the south and west sides of the new building. 40 parking spaces are required for the site (1 space/100-square foot building area = 40). A total of 46 parking spaces are provided. Architecture The proposed development will be visible from the surrounding area, including surrounding streets and buildings. As stated, the project consists of the construction of a new restaurant building. The fagade design will include varying roof elements. Parapet walls range in height from 20 feet, to a maximum of 23 feet, six -inches. The south elevation of the building features a 23 foot high element consisting of a reclaimed metal panel in the shape of the number one. The metal panel will be painted a vintage red. The proposed Raising Cane's is contemporary in style and is designed in accordance with the restaurant chain's new corporate architecture. Customer entrances to the building are on the south and east elevations of the building. The exterior of the building includes brick veneer, and stucco. The brick veneer is a mixture of tan and red brick while the stucco is white and tan. The proposal also includes decorative rod supported metal awnings on the south, west and east elevations. An outdoor covered patio and seating area is proposed adjacent to the front entrance of the building. The storefronts include anodized black framing with clear glass. Additionally, metal coping will be installed on all elevations. Landscaping The applicant is proposing a total of 8,642 -square feet of landscaping on the site. The landscaping is located around the perimeter of the lot, adjacent to the building and within the parking areas. The proposed landscaping represents 21 percent of the overall site area. The Municipal Code requires that a minimum of ten percent of the parking lot area of commercially zoned sites be landscaped. Landscaping proposed around the sides of the building will serve to soften the aesthetic appearance of the building from the street. A final landscape and irrigation plan are required per the conditions of approval. Tentative Parcel Map The project site is subject to the Baldwin Park Boulevard/Francisquito Avenue Triangle Specific Plan SP 93-1, and establishes a minimum lot size and frontage. The minimum lot size is 20,000 -square feet and the minimum frontage is 100 -square feet. Parcel 1 consists of a 359,641 -square feet lot with a 300 foot frontage and Parcel 2 consist of a 40,810 -square foot lot with a 250 foot frontage. Therefore, the parcels exceed the minimum lot size requirement of 20,000 -square feet, and minimum frontage of 100 feet. Parcel 1 and Parcel 2 are both rectangular in shape. Both lots exceed the minimum requirements for individual lot development under the specific plan. Conditional Use Permit for Drive-Throuah (CP 879 The applicant is also requesting a conditional use permit to allow for a drive-through service aisle in conjunction with the restaurant. Drive-through Queuing Analysis The entrance to the drive through is located on the south side of the subject property, adjacent to the trash enclosure area. The drive-through consists of two 12 -foot drive-through lanes (that condense to one 12 -foot lane) located at the northern portion of the project site and wraps around two sides of the building, exiting along the southwest portion of the building. The drive-through aisle can accommodate queuing capacity of 19 to 24 vehicles (assuming 20-25 feet per vehicle) at a time without interfering with on-site circulation. A drive-through queuing analysis provided by Kimley Horn, indicated that the average number of vehicles queuing for other Raising Cane's location is 9 vehicles at their peak hours. The maximum number of vehicles queued at any one time at the locations was 17. The locations surveyed were selected for similar drive-through design, and adjacent to or within a larger commercial center. The locations surveyed included the cities of Laguna Hills, and Orange. In addition, The Municipal Code includes standards for drive-through facilities that generally deal with impacts to nearby residential development. There are ten listed standards: 1. Hours of Operation. When located on a site adjacent to or separated by an alley from any residentially zoned property, a drive-through establishment shall not operate between the hours of 10:00 P.M. and 7:00 A.M. 2. Litter. Employees shall collect on-site and off-site litter generated by customers at least once per business day. 3. Minimum lot size. A minimum lot size of 20,000 -square feet shall be required for the establishment of any drive-through facility. 4. Two-way driveways. Drive-through facilities shall have two-way driveways. 5. Minimum queuing distances. Minimum queuing distance of 140 feet measured from the entrance to the drive -up menu and minimum queuing distance of 120 feet to the menu board. Queuing aisles shall not be placed on any more than 2 sides of a building. 6. Circulation Plan. A parking and vehicular circulation plan encompassing adjoining streets and alleys shall be submitted for review and approval prior to the approval of a conditional use permit. Such plan shall provide for safe pedestrian access from parking lots to the main door and shall comply with applicable requirements of the American with Disabilities Act. 7. Trash receptacle provision. A minimum of one outdoor trash receptacle shall be provided onsite. At least one additional on-site outdoor trash receptacle shall be provided for every 10 required parking spaces. 8. Noise generating equipment. No noise -generating compressors or other such equipment shall be placed on or near any property line adjoining any residential zoned property. 9. Speaker system noise. Drive-through speaker systems shall emit no more than 50 decibels 4 feet from the vehicle and the speaker, and shall not be audible above the daytime ambient noise levels beyond the property boundaries. The system shall be designed to compensate for ambient noise levels in the immediate area and shall not be located within 30 feet of any residentially zoned property. 10. Screen wall. On any lot where a drive aisle or driveway is located such that vehicle headlights will shine onto an adjacent residentially zoned property, a screen wall shall be provided. The proposed drive-through complies with all requirements of the Code. A resolution of approval has been prepared that allows for the drive-through to operate from 9:00 a.m. to 1:00 a.m. Sunday - Thursday and 9:00 a.m. to 3:00 a.m. Friday — Saturday. Development Plan The Baldwin Park Boulevard/Francisquito Avenue Triangle Specific Plan (SP 93-1) requires the submittal of a Development Plan/Design Review application which shall be considered for approval by the City Council, following a recommendation from the Design Review Committee and the Planning Commission. Prior to submitting a Conditional Use Permit application for the proposed project, a Development Plan/Design Review application was submitted and reviewed and tentatively approved by the Design Review Committee for the construction of the drive through restaurant on April 2, 2019. Staff has prepared a resolution that the City Council approve the Development Plan for the construction of the drive through restaurant. GENERAL PLAN CONSISTENCY The project site is designated as "General Commercial" in the City of Baldwin Park General Plan. The proposed project is consistent with the following General Plan goals and policies. Land Use Goal 1.0 Balanced Development in Baldwin Park. Maintain a balanced mix and distribution of land uses throughout Baldwin Park. Land Use Policy 1.4 Create opportunities for two different levels of commercial development: (1) commercial uses that meet the retail and service needs of the local residents and employee populations, and (2) regional -serving retail commercial businesses that capture revenues from a broader population base. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS #1 Resolution No. 2019-036 #2 Vicinity Map #3 Architectural Plans #4 Drive -Through Queuing Analysis ATTACHMENT #1 RESOLUTION NO. 2019-036 RESOLUTION NO. 2019-036 "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING A DEVELOPMENT PLAN TO FACILITATE THE CONSTRUCTION OF NEW 4,018 -SQUARE FOOT DRIVE THROUGH RESTAURANT, A CONDITIONAL USE PERMIT FOR THE OPERATION OF A DRIVE-THROUGH RESTAURANT (RAISING CANE'S), AND TENTATIVE PARCEL MAP TO SUBDIVIDE AN EXISTING 9.19 -ACRE LOT (TARGET CENTER) INTO TWO LOTS AS FOLLOWS: PARCEL 1 (359,641 SQ. FT.) AND PARCEL 2 (40,810 SQ. FT.), WITHIN THE F -C, FREEWAY COMMERCIAL, AND SIERRA VISTA OVERLAY ZONE. (LOCATION: 3100 BALDWIN PARK BLVD; APPLICANT: RUBEN GONZALEZ; CASE NUMBER: DP -18-085, TPM -1440, AND CP -879). THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES HEREBY RESOLVE AS FOLLOWS: SECTION 1. The City Council of the City of Baldwin Park does hereby find, determine, and declare as follows: (a) An application ("Applications") for a development plan, a tentative parcel map, and a conditional use permit, were submitted on behalf of the owner of certain real property, located at 3100 Baldwin Park Blvd in the City of Baldwin Park, described more particularly in the Application on file with the City Planner; and (b) The Applications were sought to approve a development plan, a tentative parcel map, and a conditional use permit to facilitate the development of a 4,018-sqaure foot drive through restaurant, within the F- C, Freeway Commercial, and Sierra Vista Overlay Zone pursuant to Tables 152.10, 153.120.220, Section 153.090, and Section 153.120.240 of the City's Municipal Code; and (c) A duly noticed public hearing was held on June 12, 2019 on said Applications by the Planning Commission, and based upon evidence presented including applicable staff reports and each member of the Commission being familiar with the property, it was determined that the facts as required by the Baldwin Park Municipal Code for the granting of such Applications are present and that the development plan, tentative parcel map, and conditional use permit should be granted, subject to the terms of this Resolution; and Resolution No. 2019-036 July 17, 2019 Page 2 (d) on July 17, 2019, the City Council by Resolution No.2019- 036 approved the development plan, tentative parcel map, and conditional use permit and (e) The City determined that the proposed action (the "Project") is exempt from California Environment Quality Act (CEQA) pursuant to Section 15303 (Class 3, New Construction of Small New Facilities) and Section 15315 (Minor Land Divisions), and SECTION 2. That the City Council does hereby adopt the following findings applicable to the approval of the tentative parcel map. a) Adequate systems designed, and constructed to provide all necessary utilities to each lot proposed to be created, including, but not limited to, facilities for water, natural gas, electricity, cable television and telecommunications telephone service. Comments and conditions have been addressed in the findings and are included, as applicable, as conditions of approval of the tentative parcel map. Additionally, staff includes a general condition of approval that any and all conditions from outside agencies and utility companies shall be met or provided for prior to finalizing the tentative parcel map. b) An adequate domestic water distribution system designed and constructed to service each lot proposed to be created. Valley County Water District is the the purveyor in the area and water would be provided to the subject property by Valley County Water District. c) An adequate sewage system designed and constructed to serve each lot proposed to be created. The proposed project shall comply with any conditions of approval as imposed by the Sanitation District of Los Angeles County prior to approval of the final map by the City of Baldwin Park. d) An adequate storm water drainage system designed and constructed to serve each lot proposed to be created. The Public Works Department conditions of approval require that off-site improvements may be required and may include storm drains. Provided that the applicant meets the conditions of approval for development, there will be adequate storm water drainage for the subject property. e) An adequate public and/or private street and/or alley system designed and constructed to serve each lot proposed to be created. Resolution No. 2019-036 July 17, 2019 Paqe 3 The Public Works Department has determined that there is adequate public street system to serve the lot. Conditions of approval require public right-of-way reconstruction of damaged improvements as a result of construction. D An adequate traffic regulatory system, including necessary traffic signals, signs, and pavement markings and stripings. The City's Public Works Department has concluded that the current conditions will provide for an adequate traffic regulatory system. g) The undergrounding of utilities pursuant to Chapter 97, part 2 (Underground Utility District) of the Municipal Code. Pursuant to Chapter 97 of the City's Municipal Code all new utilities to the subject property shall be undergrounded. This requirement is also addressed as part of the overall plan check requirements and review of the final map. h) Any and all other improvements found necessary by the City to provide all services to each lot proposed to be created. Staff is of the opinion that provided that the applicant obtains approval by the Planning Commission and City Council of the Parcel Map and meets and/or exceeds the conditions of approval, the new lot would have adequate service and could be subdivided such that the new lot would be consistent with the City's codes. i) In addition to the improvements as required by the City's Municipal Code and Departments, there are also design requirements for the proposed tentative parcel map that need to be met. Pursuant to Section 152.12 of the City's Municipal Code, the design of the subdivision shall conform to the requirements of this Chapter 152, any and all design requirements set forth in the General Plan, the design and development standards established for the associated zoning district per the Zoning Code, the applicable design guidelines set forth in the Design Guidelines Manual, generally accepted engineering standards, and to such standards required by the City, including, but not limited to, plans for grading and erosion control. The Planning Division has reviewed the proposed subdivision of the proposed lot meets the minimum development standards contained within the Municipal (Zoning) Code, including, minimum lot size and lot frontage. Resolution No. 2019-036 July 17, 2019 Paae 4 Additionally the parcel map is consistent with Goal 2.0 of the Land Use Element of the General Plan which states "accommodate new development that is compatible with and compliments existing conforming land uses" as the proposed parcels meet the existing development standards contained in the Code. The Public Works Department, as part of their comments, has included a requirement for the applicant to submit plans relating to grading and erosion control for review and approval. SECTION 3. The City Council does hereby adopt the following Findings of Fact applicable to all conditional use permits: (a) The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of this chapter. The use is conditionally permitted within the subject zone and complies with the intent of all applicable provisions of Municipal Code. Section and Table 153.050.020 conditionally permits drive-through establishments with an approval by the City's Planning Commission, and City Council; and (b) The use will not impair the integrity and character of the zone in which it is to be located. The use will not impair the integrity and character of the zone in which it is to be located. The property is located within the F -C, Freeway Commercial, and Sierra Vista Overlay Zone which allows for uses that are "freeway -oriented, regional - serving retail and office complexes and complimentary regional commercial centers". Therefore, a drive-through restaurant at the location compliments the integrity and character of the zone; and (c) The subject site is physically suitable for the type of land use being proposed. The subject site is physically suitable for the type of land use being proposed. In accordance with Section 153.120.240.A and B (Drive-thru Development Standards), the subject site is greater than 20,000 square feet and the site has existing driveways making the site suitable for a drive-thru establishment; and (d) The use is compatible with any land uses presently on the subject property. The use is compatible with any land uses presently on the subject property. The proposed drive through restaurant provides a complimentary service to motorists that are visiting the existing commercial retail center. The use is also compatible with the commercial land uses adjacent and in proximity to the subject site; and Resolution No. 2019-036 July 17, 2019 Paqe 5 (e) The use will be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located. The use will be compatible with existing and future land uses within the zone and the general area in which the proposed use is to be located. The use of the property as a commercial building with drive through is compatible with existing and future land uses within the F -C, Freeway Commercial, and Sierra Vista Overlay Zone and the general area in which the use is located; and (f) Adequate provisions for water, sewer and public utilities and services are available to ensure that the use will not be detrimental to public health and safety. Adequate provisions for water, sewer and public utilities and services are available to ensure that the use will not be detrimental to public health and safety. The existing commercial retail center has all utilities and services connected and therefore the proposed drive through restaurant will not be detrimental to public health and safety; and (g) Adequate provisions for public access are available to serve the use. Adequate provisions for public access are available to serve the use. The site has direct vehicular and pedestrian access to Baldwin Park Boulevard and Francisquito Avenue. Baldwin Park Boulevard and Francisquito Avenue are designated Arterial streets in the City's General Plan. Additionally, adequate sidewalks provide both pedestrians and persons with disabilities with safe and convenient access to the site, provide access for motor vehicles. The site's access to sidewalks, streets and highways are adequate in width and pavement type to carry the quantity of traffic generated by the proposed self-service car wash facility; and (h) The use is consistent with the General Plan. The use is consistent with the General Plan. Land Use Goal 1.0 Balanced Development in Baldwin Park. Maintain a balanced mix and distribution of land uses throughout Baldwin Park. Land Use Policy 1.4 Create opportunities for two different levels of commercial development: (1) commercial uses that meet the retail and service needs of the local residents and employee populations, and (2) regional -serving retail commercial businesses that capture revenues from a broader population base; and (i) The use will not be detrimental to the public interest, health, safety, convenience or welfare. Resolution No. 2019-036 July 17, 2019 Paqe 6 The use will not be detrimental to the public interest, health, safety, convenience or welfare in that drive through restaurant will be developed in accordance with all development standards of the zone and will operate in substantial conformance to all conditions of approval as identified in the resolution of approval. SECTION 4. The Application, as herein above described below, and the same is hereby approved subject to the following conditions: (a) That the property shall be developed and maintained in substantial accordance with Exhibit "A" to the staff report for PM -1440 and CP -879, dated July 17, 2019; and (b) a minimum of one outdoor trash receptacle shall be provide onsite. At least one additional on-site outdoor trash receptacle shall be provide for every 10 required parking spaces. Please revise plans to reflect the required outdoor trash receptacles. (c) The proposed wall signage will require a sign permit with separate review, fees, and approval at the staff level, provided the sign does not exceed the criteria contained in the Specific Plan. (d) The owners of property within each Phase shall, as a condition of approval for design review and the development plan, enter into an irrevocable agreement to provide reciprocal parking and vehicular access, as well as mutual parking maintenance, with the owners of all phases developed in accordance with the provisions of this plan. The agreement shall be in a form approved by the City Attorney, and recorded with the Clerk of Los Angeles County prior to the issuance of a Certificate of Occupancy. (e) The minimum dimensions for bicycle parking areas shall be 2 feet by 6 feet, plus a 5 -foot maneuvering space behind the bicycle rack area. Please indicate on plans. (f) The proposed project is subject to Water Efficient Landscape Standards, pursuant to Section 153.160.020 of the Baldwin Park Municipal Code. In Accordance with Section 153.160.060, please submit a revised Preliminary Landscape Design Plan along with the subsequent Design Review resubmittal. After the project has been tentatively approved by the Design Review Committee and after entitlements are approved by the Planning Commission, and City Council, the applicant shall submit a Landscape Documentation Package during Building Plan Check pursuant to Section 153.160.080. The Landscape Documentation Package shall incorporate the Preliminary Design Plan. Resolution No. 2019-036 July 17, 2019 Paqe 7 Landscape and Irrigation plans shall be prepared by a California licensed landscape architect. Building: (g) All Conditions of Approval as approved by the Planning Commission and City Council shall appear as notes on the plans submitted for building plan check and permits. (h) Building design shall comply with the Current Edition of the California Building Code (CBC). (i) Submit complete construction plans to Building Division for formal plans review and building permit. Q) Separate application(s), plan check(s), and permit(s) is/are required for: Grading (see Engineering Division for requirements), Signs, Fire sprinkler/Alarm systems (see LA County Fire Department Prevention Division for requirements), Plumbing, Mechanical, Electrical. (k) Complete architectural plans prepared a by State licensed architect will be required. Submit design for review at formal plans review. (1) Complete structural plans with calculations by State licensed engineer or architect will be required. Submit design for review at formal plans review. (m) Compliance to California T-24 Energy regulations will be required. Submit design for review at formal plans review. (n) Compliance to California Green Building Standards Code will be required. Submit design for review at formal plans review. (o) Separate plumbing, mechanical and electrical plan check will be required. Submit design for review at formal plans review. (p) A soils and geology report is required to address the potential for and the mitigation measures of any seismic induced landslide/liquefaction. Soils report shall address foundation design and site preparation requirements. (q) Los Angeles County Fire Department approval is required for the proposed occupancy. Contact (626) 974-8335 for plans review submittal requirements. (r) Los Angeles County Health Department approval is required Resolution No. 2019-036 July 17, 2019 Pape 8 for restaurant/kitchen/other food services. - Phone (626) 430-5560. (s) Sanitation District Industrial Waste approval or waiver is required. Please contact (562) 699-7411, Ext 2900 for additional information. (t) All new on-site utility service lines shall be placed underground. BPMC Section 153.140.050. (u) A complete code analysis is required. Address type of construction, occupancy, exiting, allowable areas, allowable heights, etc. Provide a summary on the drawing. (v) Compliance with the State of California Accessibility regulations is required, including: Building entrances shall be provided with an accessible path of travel connecting the building entrances from the public sidewalk, accessible parking, and other buildings or essential facilities located on the site. Accessible parking: All restrooms serving the building shall be accessible. All public telephones, if provided, shall be accessible. At least one and 25% shall be equipped for hearing impaired, volume control. At least one telephone shall comply with CBC 1117B.2.9.2 for text telephones where there are at least 4 phones on the site. (w) Provide fire sprinklers complying with CBC § 903.3.1 for the following projects:_Group Al and A2 occupancies having fire area with occupancy load of 100 or more. CBC § 903.2.1.1 and 903.2.1.2. (x) Total plumbing fixtures required shall be determined by California Plumbing Code (CPC). (y) Grease interceptor is required. Design and installation shall comply with California Plumbing Code. (z) Type I grease duct is required. Provide complete design per California Mechanical Code. Public Works: (aa) An Erosion Control Plan shall be submitted concurrently with the grading plan if any grading is proposed, clearly detailing erosion control measures. These measures shall be implemented during construction. The erosion control plan shall conform to national Pollutant Discharge Elimination System (NPDES) standards and incorporate the appropriate Best Management Practices (BMP's) as specified in the Storm Water BMP Certification. For construction activity which disturbs Resolution No. 2019-036 July 17, 2019 Page 9 one acre or greater soil a Storm Water Pollution Prevention Plan (SWPPP) will be needed. (bb) The applicant shall comply with Low Impact Development (LID) requirements to the satisfaction of the City Engineer. Please refer to LA County LID Manual. (cc) If applicable, the Owner shall execute and record a covenant agreement to maintain and hold the City harmless for all existing improvements in the public right-of-way. (dd) If applicable, prior to grading plan submittal, a geotechnical report prepared by a Geotechnical Engineer, licensed by the State of California, shall be submitted by the applicant for approval by the City. (ee) If applicable, upon approval of the geotechnical report, the applicant shall submit drainage and grading plans prepared by a Civil Engineer, licensed by the State of California, prepared in accordance with the City's requirements for the City's review and approval. A list of requirements for grading plan check is available from the Public Works Department. All grading (cut and fill) calculations shall be submitted to the City concurrently with the grading plan. (ff) All easements and flood hazard areas shall be clearly identified on the grading and improvement plans. (gg) If applicable, the grading plan shall show the location of any retaining walls and the elevations of the top of wall/footing/retaining and the finished grade on both sides of the retaining wall. Construction details for retaining walls shall be shown on the grading plan. Calculations and details of retaining walls shall be submitted to the Building and Safety Division for review and approval. (hh) If applicable, all equipment staging areas shall be located on the project site. Staging area, including material stockpile and equipment storage area, shall be enclosed within a 6 foot -high chain link fence. All access points in the fenced area shall be locked whenever the construction site is not supervised. (ii) Grading of the subject property shall be in accordance with the California Building Code, City Grading Ordinance, Hillside Management Ordinance and acceptable grading practices. Qj) All slopes shall be seeded per landscape plan and/or fuel modification plan with native grasses or planted with ground cover, shrubs, and trees for erosion control upon completion of grading or some Resolution No. 2019-036 July 17, 2019 Paae 10 other alternative method of erosion control shall be completed to the satisfaction of the City Engineer. (kk) Submit a stockpile plan showing the proposed location for stockpile for grading export materials, and the route of transport. (II) A pre -construction meeting shall be held at the project site with the grading contractor, applicant, and city grading inspector at least 48 hours prior to commencing grading operations. (mm) Rough grade certifications by project soils and civil engineers shall be submitted prior to issuance of building permits for the foundation of the residential structure. Retaining wall permits may be issued concurrently with grading permits. (nn) Final grade certifications by project civil engineers shall be submitted to the Public Works Department prior to the issuance of any project final inspections/certificate of occupancy respectively. (oo) Detailed drainage system information of the lot with careful attention to any flood hazard area shall be submitted. All drainage/runoff from the development shall be conveyed to a storage containment in conformance to the LID Manual. No on-site drainage shall be conveyed to adjacent parcels. (pp) If applicable, prior to the issuance of a grading permit, a complete hydrology and hydraulic study shall be prepared by a Civil Engineer registered in the State of California to the satisfaction of the City Engineer and Los Angeles Public Works Department. (qq) The applicant shall replace and record any centerline ties and monuments that are removed as part of this construction with the Los Angeles County Public Works Survey Division. (rr) Street improvement plans in a 24" x 36" sheet format, prepared by a registered Civil Engineer, shall be submitted to and approved by the City Engineer. Streets shall not exceed a maximum slope of 12 percent. (ss) Prior to building occupancy, applicant shall construct base and pavement for all streets in accordance with soils report prepared by a California registered geotechnical engineer and approved by the City Engineer or as otherwise directed by the City Engineer. (tt) Applicant shall coordinate with the City Engineer to record conditions of all improvements along the project frontage for the purpose Resolution No. 2019-036 July 17, 2019 Pape 11 of describing any such improvements that require replacement and determine the condition after construction for replacement of such improvements damaged during the course of construction that will need replacement. (uu) Easements, satisfactory to the City Engineer and the utility companies, for public utility and public services purpose shall be offered and shown on the detailed site plan for dedication to the City or affected utility company. (vv) Will Serve Letters shall be submitted stating that adequate facilities are or will be available to serve the proposed project shall be submitted to the City from all utilities such as, but not limited to, phone, gas, water, electric, and cable. (ww) If applicable, Applicant shall relocate and underground any existing on-site utilities to the satisfaction of the City Engineer and the respective utility owner. (xx) Underground utilities shall not be constructed within the drip line of any mature tree except as approved by a registered arborist. (yy) Applicant shall obtain connection permit(s) from the City and County Sanitation District prior to issuance of building permits. (zz) If applicable, Applicant, at applicant's sole cost and expense, shall construct the sewer system in accordance with the City, Los Angeles County Public Works Division. Sewer plans shall be submitted for review and approval by the City. (aaa) Applicant shall submit a current Preliminary Title Report to verify parcel ownership, legal description, site easements, encumbrances, limitations, and restrictions. Recorded backup documents shall be provide at next submittal of the above, described in the Title Report (bbb) Provide Legal owner(s) on the TPM. (ccc) Provide a Legal Description of the parcel (ddd) Provide the name and contact number of the owners, applicant and engineers. (eee) Provide a section for the 92' road section of Francisquito Avenue. (fff) Review and address redlines on TPM. Resolution No. 2019-036 July 17, 2019 Page 12 (ggg) That the Applicant is prohibited from causing or allowing the deposit or disposal of any hazardous substances at the property. The Applicant shall be responsible for and bear the entire cost of removal and disposal of hazardous substances introduced to the property. The Applicant shall also be responsible for any clean-up and decontamination on or off the property necessitated by the introduction of such hazardous substances. The Applicant shall indemnify, defend and hold the City harmless from and against all liabilities, damages, claims, losses, costs or expenses (including, without limitation, attorney's fees) incurred by or brought against the City in connection with or arising out of the use, storage, disposal, release or other presence of hazardous substances on, in under or about the property. The phrase "hazardous substance", as used herein, has the same meaning as that phrase has under Section 25359.7 of the California Health and Safety Code; and (hhh) That prior to the issuance of any building permits, the Applicant shall pay applicable Development Impact Fees assessed for the project; and (iii) The proposed project shall comply with any conditions of approval as imposed by the Los Angeles County Fire Department prior to approval of the final map by the City of Baldwin Park; and (jjj) The applicant shall comply with all conditions of approval of the Parcel Map and those required by all other agencies and utility purveyors including the conditions of approval required by the Public Works Department,and (kkk) That Parcel Map 1440 shall be finaled in accordance with State Law prior to the issuance of building permits; and (III) If within two years after the date of approval of TPM -1440 and CP -879, all conditions of approval have not been satisfied, then PM - 1440 and CP -879 shall become null and void; and (mmm) That the applicant shall sign a notarized affidavit within ten (10) days of the date of this resolution stating that the applicant has read and accepts all of the conditions of approval. SECTION 5. This resolution shall become effective immediately upon its adoption. SECTION 6. The City Clerk shall certify to the adoption of this resolution and hereafter the same shall be in full force and effect. Resolution No. 2019-036 July 17, 2019 Page 13 PASSED AND APPROVED this 17th day of July, 2019. Manuel Lozano, Mayor BALDWIN PARK CITY COUNCIL ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Jean M. Ayala, City Clerk of the Baldwin Park City Council, do hereby certify that the foregoing Resolution No. 2019-036 was duly and regularly approved and adopted by the City Council at a regular meeting thereof, held on the 17th day of July, 2019 by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSENT: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: Jean M. Ayala BALDWIN PARK City Clerk ATTACHMENT #2 VICINITY MAP Vicinity Map LOCATION: 3100 Baldwin Park Blvd. CASE NUMBER: DP 18-85, TPM 1440, CP 879 DATE: JULY 1732019 ATTACHMENT #3 ARCHITECTURAL PLANS 0 Z w CD w J U) Z O H CL W U X w F— O a w of w J F— F— H Q W Fpx x j 94: r,.,., _s. m W g� a iO ¢di -- 3 'A yam nim ao� oo _ < : CS 3 4.�m Hrym _aa mn 4 2W ���m 1 1 N61 g $ eeg g� 1 i w �� »ff 3N = � W dN q - o 9'M ' Xk x$ 'g jag g� Fpx x j 94: r,.,., _s. m W g� a iO ¢di -- 3 'A yam nim ao� oo _ < : CS 3 4.�m Hrym _aa mn 4 2W ���m 1 1 N61 g $ eeg g� 1 meq 1 k 2 3 NIX vol b g'Yo8 tyO: ' N 8Ns0 E p ami ale Q .9 MW We w� o 8 I i w �� »ff 3N = � W dN i' F ' Xk x$ 'g jag 9zoZ is AFS' �y .0'Zf �s �a 0 � y U i S I H z meq 1 k 2 3 NIX vol b g'Yo8 tyO: ' N 8Ns0 E p ami ale Q .9 MW We w� o 8 I i w �� »ff 3N = � dN i' F ' Xk x$ 'g is AFS' �y .0'Zf �s �a 0 � y k a k a E$ 3 i z` W6 ooh ng N = N8 _-- �aI� vgp= , �H a� ��g � k M.g�o�Ng�d Hm5 xa:= . EVE� -� �$� e RA H2 �x�pg��z a aakNk "R. 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HIM IAIf-6W-116 1 OOI f-69L-ZLb ", y .0 O]A9[ %l'ougd'Peotl Aa9si,A AA99 a. __ C ��uo uoeees rve���uu a o - S S S T j o � NY7Y/Yj MNN71N !^ v m�_ € a O _ OC O W Q q N tl 0 O c0 y J€ f A V N H V O m g ,^ E y a a F a z. g m m IL 1'OOV/L g qp �<�W L_ e d� am oAGE¢ WN om 5 Z ;s 99 a� a., YIeeu gy ag M I ff oi5 �m Ya gy fe .9L J3 o`€$ ii°' YE3s - eh #- S:.lS :a "B" p Pa 5 Z ;s 99 ilk Lo a� a., YIeeu gy ag M I ff oi5 �m Ya gy o� J3 o`€$ ii°' YE3s - Hkut C8§� - o fr� —___ I4 _- ilk Lo N cv is rY `YS r�YE a� a., YIeeu gy ag M I ff oi5 �m Ya gy o� J3 o`€$ ii°' YE3s - Hkut C8§� - o fr� N cv is rY `YS r�YE a� a., YIeeu gy ag M I to. o`€$ ii°' YE3s - Hkut C8§� - V 0 TM ATTACHMENT #4 DRIVE-THROUGH QUEUING ANALYSIS February 22, 2019 Ms. Kristen Roberts Raising Cane's 6800 Bishop Road Plano, TX 75024 Subject: Drive-through Queuing Analysis for the Proposed Raising Cane's Project in the City of Baldwin Park Dear Ms. Roberts: This memorandum has been prepared to evaluate the drive-through queuing capacity of a proposed Raising Cane's restaurant in the City of Baldwin Park. PROJECT DESCRIPTION The project consists of developing a 4,086 -square -foot Raising Cane's drive-through restaurant building within the Sierra Center shopping center, which is located on the southern corner of the intersection of Baldwin Park Boulevard and Francisquito Avenue. The proposed site is currently used as parking for the existing shopping center. The project location is shown on Figure 1. The proposed project site plan is shown on Figure 2. As shown on the site plan, the Raising Cane's building would be located adjacent to Francisquito Avenue. Access to the Raising Cane's project would be provided primarily by an existing full - movement unsignalized driveway on Francisquito Avenue. Cross access through the entire existing shopping center will allow customers to get to and from the project site via any of the shopping center driveways on Francisquito Avenue and Baldwin Park Boulevard. There will be no new curb cuts on Baldwin Park Boulevard or Francisquito Avenue. DRIVE-THROUGH QUEUING ANALYSIS The City has requested that a drive-through queuing study be conducted for the proposed project to evaluate the adequacy of the drive-through lane queuing capacity. The Raising Cane's restaurant building will be rectangular in shape, oriented in a northeast - southwest alignment. The opening to the drive-through lane would be located at the southeast corner of the project site, and the drive-through lane would wrap around the east and north sides of the site in a counter -clockwise direction. The proposed project would provide two side-by-side entry lanes and two order boards, which would allow Raising Cane's to take orders from two customers at the same time. 'Kirnl> ori Ms. Roberts, February 22, 2019, Page 2 After the order boards, the two lanes would merge back into a single drive-through lane prior to the pay and pick-up window. There will be approximately 290 feet of queuing capacity (approximately 145 feet per lane) from the opening of the two drive-through lanes to the two order boards and approximately 185 feet from the order boards to the pick-up window, providing a total drive-through queue length of approximately 475 feet, for a queuing capacity of 19 to 24 vehicles, assuming 20 to 25 feet per vehicle. Drive-through queuing observations and counts were conducted at the following existing drive- through Raising Cane's sites: • City of Laguna Hills: Northeast corner of E1 Toro Road and Avenida De La Carlota • City of Orange: 2249 North Tustin Street These sites do not have dual side-by-side drive-through lanes or dual order boards. The drive- through queuing capacity for both the Laguna Hills and Orange sites is 7 to 9 vehicles, assuming 20 to 25 feet per vehicle. These sites were selected for queuing data collection because of the following site characteristics that are similar to the proposed project: • A Raising Cane's restaurant with a drive-through lane; • Located adjacent to or within a larger commercial center. The drive-through activity was observed during the following times for the respective Raising Cane's sites on a typical weekday and Saturday: • Laguna Hills Site: 0 11:00 AM - 2:00 PM (lunch-time) 0 4:00 PM - 7:00 PM (dinner -time) • Orange Site: 0 12:00 PM - 2:30 PM (lunch-time) 0 7:00 PM - 9:30 PM (dinner -time) The data collectors were instructed to make note of the time and of the number of vehicles in the drive-through queue every time a vehicle entered or exited the drive-through. The results of the observations are summarized on Table 1 and Table 2 for a typical weekday and Saturday, respectively. KimlepMorn Ms. Roberts, February 22, 2019, Page 3 The data summaries on Tables 1 and 2 present the number of vehicles in the drive-through lane, broken down into 15 -minute periods, based on the observed average queue, 85th percentile queue, and the peak queue for each of the data collection periods. A copy of the queuing data collection worksheets is provided in Attachment A. The queuing activity was observed to vary with an ebb and flow pattern throughout the data collection periods. The following vehicle movement and queuing observations of the drive- through operations at the study locations were made: Laguna Hills Site • The peak 15 minutes during the weekday lunch-time peak was from 12:15 PM to 12:30 PM, with an average queue of 9 vehicles and a peak queue of 15 vehicles. The peak 15 minutes during the weekday dinner -time peak was from 6:45 PM to 7:00 PM, with an average queue of 13 vehicles and a peak queue of 14 vehicles. • The peak 15 minutes during the Saturday lunch-time peak was from 1:00 PM to 1:15 PM, with an average queue of 8 vehicles and a peak queue of 14 vehicles. The peak 15 minutes during the Saturday dinner -time peak was from 6:15 PM to 6:30 PM, with an average queue of 9 vehicles and a peak queue of 13 vehicles. Orange Site • The peak 15 minutes during the weekday lunch-time peak was from 12:45 PM to 1:00 PM, with an average queue of 10 vehicles and a peak queue of 16 vehicles. • The peak 15 minutes during the weekday dinner -time peak was from 7:15 PM to 7:30 PM, with an average queue of 12 vehicles and a peak queue of 14 vehicles. • The peak 15 minutes during the Saturday lunch-time peak was from 1:00 PM to 1:15 PM, with an average queue of 11 vehicles and a peak queue of 13 vehicles. • The peak 15 minutes during the Saturday dinner -time peak was from 8:45 PM to 9:00 PM, with an average queue of 15 vehicles and a peak queue of 17 vehicles. Kimley*Horn Ms. Roberts, February 22, 2019, Page 4 General Observations •' At both Raising Cane's sites, spillovers outside the drive-through lane opening were observed to occur occasionally and to last briefly. On occasion, the spillover outside the drive-through lane was due to a delay at the order board, rather than a lack of capacity in the drive-through lane itself. A more -than -average delay at the order board (i.e., due to a large order, or indecisiveness on the part of the customer) would briefly hold up the movement of the queue, sometimes causing the remainder of the queue to extend beyond the drive-through lane opening. When the vehicle at the order board finished the ordering process and pulled forward, the remaining cars in the queue would once again move through the order and pick-up process at the normal pace, and the gap between the order board and the pick-up window would fill in. Some customers were observed to pull into the site; evaluate the wait time, based on the vehicle queue; and choose to park and go into the building, rather than join the existing queue. teneth Calculatio To supplement the empirical data collected at the existing Raising Cane's restaurants in Laguna Hills and Orange, the drive-through queuing capacity was also analyzed using queuing analysis formulas published in the Institute of Transportation Engineers (ITE) Transportation Planning Handbook, 3rd Edition. Raising Cane's typical service time in the drive-through is 2-1/2 minutes from the order board to the pick-up window, with a vehicle being processed and progressing through the order board, pay window and pick-up window every 35 to 40 seconds during the peak drive-through periods. Assuming the more conservative processing time of 40 seconds, and applying the ITE queuing formulas, the analysis indicates that the average queue length is estimated to be 9 vehicles, and that the probability that the queue would be exactly 19 vehicles would be 1.4%. The probability of exceeding 19 vehicles is estimated to be 13.7%. The queuing calculation worksheet and formulas are provided as Attachment B of this report. The ITE queuing analysis assumes a single -lane drive-through for a more conservative approach. The occurrence of the drive-through queue extending beyond the opening of the drive-through lane is expected to be an infrequent occurrence, and of short duration. The use of dual side-by- side drive-through lanes with dual order boards would improve the service rate, which would lower the number of vehicles queuing in the drive-through, as described in the following section kirnley-hornxoin 766 The Coity Ditve,%0f,, 200, (gauge, CA 99268 7141 Y") W.-io Kimlep ori Ms. Roberts, February 22, 2019, Page 5 Side -by -Side Operational Features The proposed side-by-side configuration would have two entry lanes beginning at the southeast end of the site. Each drive-through lane would have its own order board. After the order boards, the two lanes would merge back into a single drive-through lane prior to the pay and pick-up window. While regular customers who are familiar with the menu choices typically would complete the order part of the process in Iess than the average time, infrequent or new customers are more likely to dwell at the menu board before making their choices, slowing down the process for everyone behind them. As a result, the order board is considered to be the most significant bottleneck in the drive-through process. The side-by-side ordering configuration, as proposed by Raising Cane's, would provide two lanes with a separate order board for each lane. This will increase the number of customers processed through the order board portion of the drive-through, and "keep the line moving" even if one customer takes a longer -than -average time to make their menu selections, allowing the restaurant to continue to take and complete orders from the other order lane. The newest customer to arrive at the drive-through entrance will naturally choose the empty lane or the shorter line, so that one customer who takes a longer time to order at one order board can be by- passed, thereby not holding up the entire drive-through line. With the added efficiency of having two order boards and the ability to by-pass customers taking a longer -than -average time to order at the other order board, the service rate would increase as more orders can be processed. The cooks would receive the orders at a more efficient rate, which allows them to continue cooking the food, rather than waiting for the slower customer to finish ordering. As a result of added efficiency in the cooking area, the efficiency at the pick-up window will increase because the food will be processed by the cooking area at a more efficient rate. Kimley)))Horn Ms. Roberts, February.22, 2019, Page 6 CONCLUSION The proposed project's drive-through lane would provide a total queue length of approximately 475 feet, for a queuing capacity for 19 to 24 vehicles, assuming 20 to 25 feet per vehicle. Based on the drive-through queuing data collection and analysis presented in this memorandum, the overall average number of queued vehicles is estimated to be 9 (calculated at 8.67, and rounded up to 9) during the peak drive-through operations. The peak 85th percentile queue is estimated to be 17 vehicles during the peak 15 -minute period. The peak queue would be 17 vehicles during the peak 15 -minute period. The side-by-side ordering configuration, as proposed by Raising Cane's, would provide two drive- through entry lanes beginning at the southeast end of the site, with a separate order board for each lane. This would allow the ability to by-pass customers taking a longer -than -average time to order at the order board. The side-by-side ordering configuration would help address potential bottleneck issues at the order board, as well as reduce the service time at the drive-through as orders can be processed at a more efficient rate. Trevor Briggs, P.E. Project Engineer �kimley-hprn.tom 765 The City Drive, Suite 200, Oran, e, Cts 92868 z W Q O F -- D C!) U z Baldwin Park Raising Cane's Kimley- Horn and Asociates, Inc. Queuing Analysis February, 2019 Baldwin Park Raising Canc's Kin ley -Horn and Asociates, Inc. Quouing Analysis February, 2019 ATTACHMENT A QUEUING DATA COLLECTION WORKSHEETS Pre Pared by National W to & Surveying Sero— Queue Study Locations: 17-1215-001 City: Laguna Hi11S,CA Thursday Queue Day: Thursday Date: 10/19/2017 Pick-up to Behind Order ArrlvalTim2 Order Board Board ;Total 11:00:40 AM 1 __3 ,, ,, .. -1 11:01:23 AM ' 2 0 `r 2 11:02:01`AM ]- 1.,-9.: . 11:02:40 AM" 3 0 13 i 11:03:24 AM 2 0 11:04:38 AM 1 0 •;:1 `-11-05:26 AM 0 0 """"= 0 11:07:48 AM D:: ____3 11;08:22 AM 1 0 1 := 11:09:33 AM" 0 _ 0 0 11:17:25 AM _ a T,..., 2 1 , 1. 11:17;51 AM' - 1 1 € 31:19:27AM;< 1- 0 1, 11:20:08 Am' `1 1 M7B;36AM,I 2 0 Y11iz1:05:a(A., 1 0 xi:z3ti5"AM ' 1 1 ,:i .2 • .,• �� 31:23,17 AM 1.. 2 3 11:23123 AM, 1 i '= 312G:06 AM,, 2 0 '_ `2 =25imi :. 2. ..,0 2 s 11:2653'AM"„ 11:28:35 AM ' 0 1 1 'i 11:28:45AM _. 0 2 :2 . <. 1129:11 AM 2 1 . ;!. Z", i 11129:47 AM..._ 2 0 11:29:59 AM ' ... 1 0 11:30:19 AM , 1 ___1 ^..2 ,..... _..:.. x,1131-01 AM 1 0 '. 11:3L•55 AM 1 1 4 11:3228 AM •' 2 0 "'. 2 -:'53:32:25 AM. 2 1'. 3 411:32:54 AM` 2 2 4 '. 11:33-07 AM 3 1 4 1133.'23 AM,:. 2 2 4 'i 11:33:59 AM 3 1 4 1: 11:34:07 AM 2 1 3 11:34:49 AM - 3 0 3 a 11:35:22 AM 3 1 - 4 1136-02 AM 3 2 ;.11:36:34 AM 3 1 4 11:3651 AM 3 2 i 5 ` 11:37;00 AM 3 1 4 11:37:27 AM -.. 4 0 4 11:38:07 AM : 3 0 �' 3 'i 11:38:39 AM "`: 2 0 2 !, 1118:58 AM 1 0 1 €1139;19 AM 0 1 1 11640:16 AM _...1 0 1 .. 11:41:34 AM 0 0 0 11:42:11 AM " 0 1 " 1 ":-- 11:4250 AM 1 ` 0 1 11:411S AM ;,P'. 1 3 2 ':. 11:43:43 AM, 0. 1 1 11:44:10 AM --. 1 0 1 11:44:26 AM ' S 1 >' 2 11:44:36. AM : 1 7 '' 3 71-44:56 AM. 11:533.:8 3 1 4 Thursday Queue Day: Thursday Date: 10/19/2017 Locations: 17-1215-001 City: Laguna HiIIS,CA Arrival Time 1 Pick-up to Order Board Behind Order Board Total --"11:45:36 AM 2 2 4 11:45:50 AM ". : 3 4 s 11:46:20 AM 2 1 3 11:46:38 AM 3-- 0 �= 11:46:47 AIN _.3. + "-"` 3 11:47:02 AM- 11:4742 AM".' 2 . _ . 2 2 _ 1 :- 4 . - 3 AM __ o _11:4751 4 11:48:00 AM 2 0 2 `r. 11:48:46 AM 1 0 9111:50:58 AM 1 1 2 31:51:31 AM '�.! 20 f. 2 "`21:51-•40 AM 1.. __.1 Z 11:52.13 AM : ' - 11:52:42 AM 2 1. 0 _. 0 2 1 =1:1153:19 AM 1 1 2 11153:40 AM 1 -2 '. 3 11:5351 AM , 2 ` 3 11:54:3ZAM __ 3 0 , - 3"...."-' 11:55:01AM_ : 2 - 1 "- 3 m55:17AM"" _ -2` '_.2 - 4 11:55:34 AM 11:56:8 AM" .,�11:56:30AM 1 0_ _0.. 2 -.3 4 3 i3 :- "4 '.:11:56:42 AM 0 5 5 ".11:57:30 AM 0... 6 !. 3 1157:42 AIN 0 7 7 '-2:58:03 AM ,'. 1 7 8 " -,--11158:39 AM - 2 6 8 711:59:08 AM " 11:59117 AM 2 3 7 8 9 21 '!11:54:40 AM ,'. aroo:op x12:00:18 PM ' 4 a 3.. 7 5 11, , B " 12:00:29 PM 4 4 12A0:48Md " 3" _. :4 i 7 "-' 121QQS6 PM 3... 5 8 ::.`32412:07 PM -_12:02:12 PM 12:02:32 PM,,, 4 3 3 __.:4 4 3 ': B 7 6 12:03:07 PM 12:03,55 PM "' 4 4 2 1 6 5 112:Q4:05 PM 3 1 4 12:04:37 PM 4 0 4 12.04.56 PM "' '3 O - 3 12105:1a PM 12:05;56 PM 2 2 1 0 " 3 2 i2.m 3PM 1 -..0 1 ' 1112:061.23 PM 1 1 2 ,42:07:03 PM 2 0 2 _12:07:11 PM 1 0 ' 1 i 12:08:24. PM 0 1 1 12:08:51 PM 0 2 7 > 12:09:00 -PM `. 1 2- 9 12:09:43 PM -' 0 3 ' 3 '>-12:10:08 PM ': 1 2 -'" 3 12:10:41 PM 21 - 3 12:11:14 PM 3... 0 3 >12t11:29 PM '. 3 1 4 12:12:12 PM 1 3 2 5 12:12:29 PM == 3 i 4 12:12:44 PM 2 1 3 -.12:12:58 PM '.' 1 _.. 11 2 1'12:13:06 PM " 2 0 ,;. 2 r.1Z:13:14 PM 2 3 -12:13:29 PM " 1 2 112114:11 PM ' 2 0 2 Thursday Queue Gay: Thursday Date: 10/19/2017 Locations: 17.1215 -001 City: Laguna HiIIS,CA Pick-upto Behind Order ` 12:25:01 PM 4 6 '; 10 Arrival Time Order Board Board Total =12:14:18 PM " 1 0 1 -=12:16:09 PM :' 0 0 ;..I, 0 x-12:16:29 PM :..0.. _.1 ..<,.. ., ;. 12:16:96 PM 0.. 2 .:. ',13 12:16:43 PM D 3 `. 1"' ' •'. :. 12:17:12 "PM _0:. _..4 •..... 4..., 12:17:36 PM 1... 3 ..12:17:49 PM 1... 4 ' 1 12 " 12:18:00 PM 1 5 5 12:18:07 PM ": 2 5 ' 7 12:18130 PM 2 -6 '. 8 12:18:43 PM "2 7 9 211905 PM 2 7 " 9 12:19:16 PM ' 2 6 8 22:19;49 PM". 3 _5 a ••12:20:20,PM 4. 4 "• 8, -12:20:37 PM 3 5 '! 12 ' 11 12:21:10 PM 3 _ -- -G.: 11 .12:21:31 PM 46 7 _ 20 -.12:21:52 PM 4.... 6 ,=;,-•10 :112:22:30 PM 4 ,... 7 " 9 12:25:01 PM 4 6 '; 10 .:12:25:19 PM 4.... "'7 '31 ,12:26:09 PM - 5 :'.12:26:35 PM 12:27:00 PM 12:27:08 PM 5 S 5 8 9 10 13 !. 14 15 12:28:02 PM 12:28:23 PM 4 3 - 10 ' 10 14 ':..13 " -_32:28:34 PM " 4 9 .:. ',13 12:29:14 PM 12'30;22 I'M -: 39 4... a "; , f 12. 12:30143 PM 3:... 9 12:30:51 PM" 4 913 x;12:30:59 PM 112:31:33 PM 4112:31:47 PM '<: 3 4 4 10 9 8 ' 1 12 " 12:32:13 PM 4 9 -13 _ ¢12:32:42 PM 3 9 :12 " `.12:33:38 PM'r 4 - 8 12 12:33:43 PM 12:34:02 PM 12:34:36 PM 12:35;03 PM 12:35:26 PM .:12:35:52 PM < 3 2 1 1 0 1 8 9 10 10 9 10 11 10" - 10" 12:36:31 PM - 2.. 9 11 ..12:37:06 PM 3 .12:37:39 PM 4 — 4 ". 12:37:52 PM 4 9 "' 13 12:38:02 PM i 112:38:32 PM : 3 2 9 9 '! 12 ' 11 .12:38:44 PM 3 8 11 12:39:23 PM 3 7 _ 20 12:39:50 PM J. 2 8 ': 10 `12:40:19 PM - 1 B " 9 ".12:40:35 PM ": 1 < 8 12:41:09 PM "" 2. 5 10 112:41:16 PM `- 3 7"10 12:41:42 ":PM 3 6 9 12:42:46 PM ?. 3 7 10 12:43:08 PM `. 2 7 : 9 12:43:26 PM 2 6 `` 3 Thursday Queue Day: Thursday Date: 10(19/2017 Locations: 17-1215.001 City: Laguna HiIIs,CA Thursday Queue Day: Thursday Cate: 10/19/2017 Locations: 17-1215-001 City: Laguna HIIIs,CA .; Arrival Time Plck-up to Order Board Behind Order Boartl Total -' 1:08:02 PM 3 2 5 1:08:23 PM 4 2 `: 6 II 1:09:36 PM 4 3 `� 7 1:09:07 PM 4 2 6 <. 1:09:40 PM 4.. 3 7 `"- 1:10:25 PM .- 1:10:41 PM 5 4 2 1 :. 7 ;: 5 1:10:49 PM __3. :..4... 1 '. 5 5 1:11:19 PM 3 0 4 . 1:12:40 PM 4 1 ': 5 1:12:S1PM __ 3 - 1 4 1:1257 PM `: 3 2 5 1:14:26 PM `-: 1:14; M 3 3 1 2 _3 4 5 1.14:0.1 PM ,,'' 3 2 .,. 6 ._ 1.14560M 1 PM '. 3 .. 4 4 3 7 '7 ,�,115;40 2� USA713 : 4 4 8 ; - 53_.5 0 r 5 WPM 4 410 4 ', 5 1 5 1 10 141110 PM 5 3 -. 8 Arrival Time '-DrderBoard 5 •••• 2 7 ,, 71858 PM 2:19:33 FM 51 4 _ 0 6 5 •' 4.20:07PM _ 4 1 5 "1'.20:28 PM S 0 r 5 . 1:20:48 PM "" = 4 0 4 >i4:2193 Pw- ` 4 1 5 :21W9PW 1:21342 PM 3 4. _„_2 1 '. 5 5 1:21:54 PM ”. 3 2 5 :I 1:2237 PM 2.... 3 5 I `1:22:51 PM 3: 2 5 1:22:58 PM 2 2 4 1:23:30. PM s, 3 1 4 1:23:53 PM 12491PM"'r .,., 1:24:23 PM 3 2 3 2 2 - :- 5 4 •1:24541RM 4 0 _4 �� 4 1:25:17PIVI, _ _.._4:25:50 PM, 4 - 3.. 1 1 5 :: 4 x'1:26:13 PM., i 2 1 3 "i.1:26:21PM -3 0 3 1:27:14 PM " 3 1 4 1:27Q3 PM ' 3 2 5 1:28:29 PM '.. 3 3 6 1:28:30 PM 42 4 6 1:2838 PM :: 9. 1 6 1:2953 PM " 5 0 5 1:30:22 PM -5 4 1 6 -:"„1:30A6PM_.. 5.. 0 1 .: 332:09 PM x.” 1:32:11 PM 4 3 0 0 - 4 3 7PM 2 0 2 0 PM 1 0 1 6 PM E 0 1 1 0 PM0 4 2 7 1 PM •. 1 i Thursday Queue Day: Thursday Date: 10/19/2017 '. Pickup to Behind Order Arrival Time '-DrderBoard Board Tota: 5:57:48 PM 5 7 ., 12 +. �5:58606 PM } _... 5 6 5:5822 PM 4 6 __-. "10 5:59:14 PM -:: 5 6 ,...; 11... € ,• --. 6:00:00 PM ,:. 4 7 6:00:09 PM ! 5 6 11 6:01:23 PM 5 6;., St .I•- 6:02:33 PM 5- 6:03:46PM 6:64.139 PM .. 6:85:14 PM 6:85.:30 PM U45 _1t ":'= ' 6:06:44 PM .? 6:0655 PM '.•., PM '' ._ 6:07:56 PM ,.. 8:08:39 PM - 3 6 6:88:51 PM 3 5 0, 6:09:31 PM 4 4 6:09:42 PM ;P 4 5 9 6:10138 PM "",+ 4 610 631:19131101 ;:. 4 _5.- :.. 9 '. 6:12:09 PM "` 3 5 6 6A3:15 PM,,;- '_.. 3 3 6:1334PM 4 3 7, :26 PM "' ` 3 ,3 PM _- 4 3 T.. ._ 6:35-.09 PM r- .. 4 4:.: 6:16:35 PM.'; 4 5 6:15.42PM-;= - 4 6 " 6:15:59 PMW'f 4 6 . 6:16:28 PM 3 -- 7 6:16:51 PM: -. 2 8 6:17:03 PM 3 7 . 8:17;49 PM ` 2 7 ` -', 6:38:40 PM 3 6 • 6:19102 PM -t 3 5 - 6 6:19:10 PM ' . 3 _ 6 9 ,6:19:3$ PM 3 7 10 6:1914bPM 4 6 .,. 1:20.15 PM 5.. 5 .....-..10 6:20;.31 PM 5 6 31 6:20:40 PM 5 7 12 b:21:23PM ,,� 5 7 12 6:21:32 PM 4. 7 6:22:18 PM 4 7 11 , 6:22158 PM .- 5 7 _.._.. 12 6:23:35 PM=,' 4 8 6:24:13 PM 3 B '., . 11 - 6:24:38 PM -. 4 8 12 4 6125117PM =' 5 8 13' ,6:26:30 PM - 4 7 11 ,:: 6:26:49 PM : 4 8 S 6:27:22 PM - 3 9 12 6:28:28 PM 3 10 13 '. 6:29:01 PM 4 9 13 6:29:10 PM',. 5... 8 13 6:29323 PM 5 - 7 6130:26 PM 5 6 11' 6:31;09 PM- 5 6 11 6:32138 PM : _. 5 6 11' 6:33:17 PM 5 7 12...'. 6:33:27 PM 5 6 11 6:33:43 PM : 4 6 10 - -6:34:05 PM : 5 6 11 Locations: 17.1215.001 City: Laguna HdIs,CA Thursday Queue Day: Thursday Date: 10/19/2017 Pick-up to Behind Order Arrival Time Order Board Board Total 1:34:14 PM I. 2 D 1:34:36 PM '. 1 0 i 1:35:49 PM _ 1 1 -< 2 ' 1:36:10 PM '. 1 2 2 1 3 1:37:29 PM 2 0 $:..:.I. 1:38:26 PM 2 1 _. . 1:39:04 PM 1.... 1..' .' 2 ". 1:39:38 PM : 0 1 ' 1:39:56PM 1 0 S 3:41:11 PM 0 i 1:42:01 PM 1 0 1 1:42:14 PM 1 1 2 l:-.42:20 PM _1 2 -, 3 1:43:10 PM 2 1 1:43:24 PM 2 2 : 4 1:43:33 PM 3 __...1 4 i 1:43:41 PM 3 2 5 ^. 1:43:49 PM 4 3 3 6 1:44:43 PM .. 2. 3 5. 1:44:46 PM - 2 3 S. -: 1:45:07 PM'; 1 3 r4. 4 1:46:33 PM' ...2... 2 4 _;. 1:47:1S PM 2 -- 1 3• -' 1:47:49 PM 3 0 -�' 1:48:26 PM 3 1 ld. 4 .'. 1:49:08 PM 4. __..0 4 . -. 1:49:24 PM 3 0 3,,, ' 1:49:35 PM 2 0 i 1:49:44 PM 2 1"•• `4 ;�.' 1:49:55 PM _.... 2 2i _.1 4 .. 1:50:26 PM 2 9 ..;.. i 150:45 PM 1 1 '. 1:50:59 PM 2 0 151:18 PM 2 _.1 1:5135 PM ', 3 1 - 4 .. 1:52:12 PM 2 '2 = 4 1:52A7 PM 1 ___:2 3 2:53A2 PM '- 1. 3 '. 4 1:53:23 PM 4 2 2 4 1:5333 PM 1... 2 3 -- 1:53:47 PM 2 1 3 1:5439 PM 3 0 3 1:54:48 PM : 3 1 4 `". 1:54:52 PM_ ` 2 2 4 1:55:37 PM 21 .... 9• 7-5554 PM 3 0 3 ^; 1:56:17 PM 3 4 3:56:45 PM s 4 7 5 • 1:56S9 PM f 5 0 5 1:5753 PM "r 5 1 6 '.> 158:21 PM 4 i ; 5 -... 1:5830 PM 4 2 - 6 t. 1:58:36 PM ` 3 2 - 5 -• 1:59:06. PM 2. 1 3 1:59:15 PM 1 1 ^. 2 159:19 PM 2 2 1:59:59PM 1 12, : 1 Thursday Queue Day: Thursday Date: 10/19/2017 Prepared by NaU..[ Data &S—Vi.g Sayl— Queue Study Locations: 17-1215-001 City: Laguna HiIIs,CA Saturday Queuc Day: Saturday Date: 10/14/2017 Pick-upto Behind Order Arrival Time ., Order Board Board ' Total 4:00:00 PM Order Board Board k ; 11:00:0DAM 1 0 1 11:0027"AM,! 0 0 Q; 11:00:45 AM -' 0 1 1= 1101.10 AM - 1 2 3 1303:47AM 2 1 3 11:02:30AM 2 2 4 11:02:50AM 2 3 ' 'S .V .4 11:02:55 AM:'. 2 2._ ..; •. ,11:03:34AM :: 3.. 1 .... 4 .. :1104:30AM 2 1 . , 3 ;11:04 SIAM 2 2 » ' . 21:012 AM =. 3 1 ;. 11:05:30AM, 3 2 5 110¢:OB,AM."' 2 1 3 11:0627 AIM; 3 1 ... " 11:0638,AM,' 4 0'° 4" ,11:07:19AM = 4 1 11:08s13AM, 5 0 31:09:33 AM - 4 0 ` 11:10:11 AM _ 3 0 3" 11:10.56AM; ! 2 0 ',2 11:11.19AM 1 0 1 11:11:51AM 1 1_ _ 2 '31:12:54AM 2 _ 0 .., $ ;• a � 11:12:59 AM , (. 1 0 1 11:14:55AM, 1 - 1_ 6 - ” 11 15:26 AM 0 1 1 1ki559AM, ; 1 0 1- 11:17:49AM 0 1_ , 77 31,17:52AM` 1 0 1 11:17:59AM";; 1 1 2 11:19:18 AM 0 1 1 11120:41 AM 1 '... 2.. 3 •11:21:15 AM 2 - 1 3 ' 11i21146AM:: 1. _ 3 0` --3 .,11i22i30AW 3 1 4 31:22:32 AM 3 0 3 1113:06AM 2 0 2 11:23:25AM 1 0 1 11:23:41AM 0 0 0 11127:18AM 0 1..._ 1 11:28:47 AM '. 1 0,.. 1 1129:18AM': 1 _.1.. 2 11:29:34 AM, ;: '. _.1 2 3 11:2952AN1 :..: 11:30:27 AM 2 1 3 11:30:59 AM, 2 0 2 %11:31:40 AM 1 0 1 11:31:58 AM 0 0 C 11:32:35 AM <. 0 2 2 11:34:45 AM < 1 1 _ -2 11:35.00 AM 2 3 5 11:35:36 AM 1.. 3 4 11!35:55 AM, 2.....__,� _3 2 :4 11;36:12 AM;: 3 2 3 11:36:28 AM 1 _ 3 4 11:36:45 AM 2 l 3 5 Saturday Queuc Day: Saturday Date: 10/14/2017 Pick-up to: Behind Ordei Arrival Time Order Board Board ' Total 4:00:00 PM 3 6 k ; 4:00:28 PM 2 6 S , ..A:00:52'PM; 3 6_.. ..8. ..'. "x:01:09 PM " 4 7 4:01:43 PM 3 7 10 4:02:24 PM ', 4 6 4:02:34 PM','. 3 6 ..8•:e.•. , 4:02:54,PM.', 3 i 7, 4:03:19 PM [i 2 4:03:57 PM,.,.', 3 FIE MF 4:0410 PM 2 4:04,42 PM ' 3 3 » ' 4:04:56 PM ,11 2 4 ;. 4105:26 PM' 3 3....." .,4: 43 PM 4:0ii4 PMI i 3 ... " ,4:06:15 PM = 2 2 4:06:49 PM 3 ..4107:23 PM 4 0 4- 01;3 S PM �` - a 1 4:07:49 PM 42 4.08:20 PM - 5.. 1 .,,•:•- .. 4:08140 PM 1 __....5. 2•',=„`�'_'- `4:09:03 PM '.. 4 _ _ ...5 2 IAW 4,09:22 PM 3 .., $ ;• a � 4:09:44 PM 4 3 4:09:58 PM 3 3 6 - ” 4:10:35,PM : 2 -3 5 4ADASPM.`:I' 3 3... ,5 s 4:11:24 PM 2. - 3 5 , 4:11:30 PM 3 2 5 ,, 2 3 4:12:18 PM 1 3 4 4:12:27 PM 2 3 ...,1. 4:12:44 PM 3 2 • 4:13:12 PM '. 4 1 5 , 4:14:17 PM " 4 0.. -,4:14:56 PM '.. 3..... 0,;, 4:15:07 PM 4:15:51 PM ,-, 2 1 '. 4:16J,0 PM 2 2 ` A= 4:16:25 PM € 2 3 4116:41 PM s 3 2 5, 4:17:02 PM 1 4 1 5 4:17:34 PM !- 5 0 5 4:18:10 PM :..: 4:18:20 PM 4 1 S, 4:18:46 PM : 4 2 8 , 4:19:00 PM' 3 2 5 4:19:19 PM 4 1 S 4:19:39 PM -. 3 1 4 4:19:49 PM r 3 2 5 4:20:07 PM 4 1 s5 4:20:19 PM :,. 3 2 5 4:20:50 PM>. 4 1 5 4:21:01 PM: 3 1 4 .4:21:09 PM E: 3 1 2 5 Locations: 17-1215-001 City: Laguna HiIIs,CA Saturday Queue Day: Saturday Date: 10/1412017 Pick-up to Behind Orden Arrival Time Order Board Board Total 11:37:05 AM 13 4 11:37:32 AM 1 6 7 11:38:45 AM 0 6 6; 31:39:26 AM 1 1 7 8 11:39:59 AM ; '_ 2 7 9 '12;41:04 AM, 1 11 12'' 11:41:24 AM ; 28 10 " `31:42:05AM, 3 5 8� 11:43:12 AM : 3 5 $" 1144:20 AM 2...., 6 11:44:47 AM 2 5 7 11:45:28 AM 3 6 ;11;45:46 AM 2 b 8 11:45;51AM 3 6 9 "It -4:29 AM 4 7_ 11;46:SSAM'I " 3 7 ,.. 11;47:12 AM ` 4 8 13:A8:16 AM ` 5 7 12 11:48:26 AM ; 4 7 i1 31:49:14 AM 5 4 9 Ii:49i28 AM , 4, 4 8 11:49:37AM 5 3 4' x2:50:59 AM 5 4 9 11:52:11 AM 5 5 10 11:S2:51'AM 5 4 91, 11:53:21 AM" 4 3 7 11:34142 3 4 - .J , ,21:541:37 AM` 3 3 9 +:11.,54:57 AM3 _ 2 5 11:55:28 AM '. 3 2 5 SLS5:48 AM 3 3 6 " 11:56:24 AM 2 3 S 11:56:41 AM'', 3 3 6 11:56:59 AM 2 2 4 11-57.,23 AM . 2 4�6 11WA2AM 1 4 5 ii-i0:59AMI 2 1 3 S 11:58:16 AM 2 4 6 11:58:31 AM" 1 4 5 ,11:58:41 AM 2 3 :5 11:58:59 AM ! 2 5 7 11:59:09 AM '' 1 6 7 iL•5935 AM 2 5 ,22:00:21 PM 2 4- 6 1201:04 PM ; 3 3 6 12:01:29 PM, 4 2 6 12:01:39 PM'' 3 2 5 12:02:00 PM`- 4 1 5 12:02:15 PM 3 1 4 12:02:34 PM : 3 2 5 12:02:49 PM ,. 4 1 5 12:03:15 PM ' 3 1 4 12:03:27 PM 2 3 ::5 12:03 38 PM 3 2 5 12:04:01 PM 4 1 r5 12:04:40 PM 3 0 3 12:05:30 PM 3 2 5 12:05:45 PM - 2 2 4 12:06:15 PM :'. 2 1 3 12:06:35 PM f 1 2 3 12:06:46 PM ' 2 1 3 12:07:10 PM 2 2 ` 4 Saturday Queue Day: Saturday Date: 10/1412017 Locations: 17-1215-001 City: Laguna Hills,CA Saturday Qucuc Day: Saturday Date: 10(14/2G17 Locations: 17-1215-001 City: Laguna Hiiis,CA Saturday Queue Day: Saturday Date: 10/14/2017 Arrival Time Pick-upto. Behind Order Total Order Board Board 5:21:54 PM:.., 3 7... .....'"10" ,. S:22:08 PM 4 8..... 12:— 5:22:35 PM 3 7 , - X q 5:22:46 PM 4 71,....... 5:23:06 PM '' 3 9 5:23:18 PM 4 8 5:24:13 PM '. 5 7 12• 5:24:28 PM '. 4 8 l 5:24:56 PM S 7 12 " 5:25:11 PM 4 6w 5:2528 PM 3 6..... 9 5:25:46 PM "° 4 7j it 5:26:10 PM 3 7 5:2635 PM 4 6 i1f y. `•, 5:26:51 PM 3 6 5:27:02 PM, 2 7 5:27:53 PM 3 8 5:28:25 PM i 2 8 5:28:46 PM 1 8 5.29:17 PM 2 fi ,...4 5:29:38 PM , 3 7 5:30:00 PM 4 4 8 5,3O:11 PM 3 4 7 ' 5:30:38 PM 4 3 -3 " 5:31:19 PM:-: 3 5:31:43 PM "` 4 2 " 5:31:56 PM _ 4 3 5:32:24 PM 2 4 'S 5:32:37 PM 3 4 5:33:09PM 2.... 5...... 5:34:07 PM 3 3 §' 5:34:29 PM 3 4-;,," 5.35:42 PM : 2 4 5:36:06 PM 1 5 5:36:47 PM 2 6 >• 8 5:37:35 PM 2 5 7 5:38:30 PM 3 8 11 5:39:02 PM 3 5 6•, " 5:39:37 PM 3 3 6 5:40:01 PM 2 - 3 5 5:40:23 PM ', 2 2 5:40:38 PM 4 2 3 5:41:17 PM 3. 2 5:42:03 PM _ 4 1 5 5:42:30 PM - 4 - _ 0 "- 5:43:07 PM 3 0 5:43.30 PM 2 0 2,:, 5:45:15 PM = 1 _... 0... 5:45:45 PM 0 0 0 5:46:42 PM ' 0 1 1 S:47:10 PM '•. 0 2 - 2 5:47:24 PM 0 B 3 5:47:58 PM +.. 1 2 3 5:48:14 PM "i 1 3 4 3:48:38 PM 2 3 5 5:49:08 PM ,': 3 4 7 5:49:32 PM 'r. 2 4 .6 " x 5:50:04 PM 1 6 7, 5:50:19 PM 2 5 7 5:50:38 PM 2 7 9 '.5:50:50 PM -, 7 5:51:18 PM 2._�... 6 8 Locations: 17.1215-001 City: Laguna HiIIs,CA Arrival Time Pick-up to Order Board Behind Order - Board l Tota: 1:02:59 PM 4 4 s8 1:03:17 PM ` 5 4 '9 1:03:58 PM `, 4 5 9 ;1:04'15 PM - 5.... 4 9 E"34 PM ';i, 4 4 8 1••04:48 PM - 3 4 I"7 1:05:07 PM ' 5 3 8 , 1:05:42 PM_ 4 3 7 1:06:08 PM, 3 4 7 1:06 21 PM-` 3 4 7 1:06:59 PM " 2 4 6 1:07:25 PM'" 1 4 5 1:0%:4Z 0M 2 4 6 1:08:06 PM'a -... 1 ---4 -5 „1:09:21 PM.. 2......... 3 5 ;110838QkAa<: "1.0913PM'c 3 : 2 3 3 6 5 1:00.39PM;u 1 3 4 1:09 59 PM 2 _ 5 7 1:10:27 PM ,I 3 4 7 1:10:40PM2_ 3110:58 DM r 1:33:II PM 3 2 4 4,_ 9 6 `I 7 :11.49 PM '+ 3 4 <7 1:12521 PM 2 5 7 1:12:55 PM 2 4 6 _1:13.40 PM - 3 5 8 1:14.00 PM„,r 2 5 7 ”"1t14;10 PM ", 3 4 7 «1:;4:30 PM 2 5 7 1:24:37 PM ` 3 4 7 X114:55 PIJI :: ;1;15:29 PM ", 2 2 _. 3 4 5 6 115:52 PM 1 4 5 1iI6;06 PM ; 1:16:22 PM 2 2 3 4 5 6 1:16:35 PM', 1 5 6 1:17:15PM ,, 0 5 s5 1:17:39 PM 1 5 6 1:18:05 PM 2 4 6 1:18:30 PM 3 4 1 11849PM :, 3 4 7 1:19:42 PM 1:20:13 PM , 4 3 5 5 9 8 '1;20:37 PM 5 4 9 1:20:57 PM- 4 4 8 :121:12 PM `I 1:22:19 PM .1:22:45 PM '' "'1;22,'50 PM .:I 3 3 2 3 7 5 5 6 10 8 7 _ 9 1:23.37 PM' ? 2 7 9 123:51PM 3 6 `4 1:24:11PM% 3 � 5� 8 1:24:22 PM ": 2 7 '9 1:24:58 PM 1 8 9 1:25:14 PM-: 2 6R� 8 „1:25:41 PM 2 5__. „7 1:25:58 PM ', 3 4 7 1:26:13 PM '> 2 6 8 1:27:01 PM 3 5 8 1:27:13 PM '. 1:27:34 PM 2 1 4 4 6 S Saturday Qucuc Day: Saturday Date: 10/14/2017 Pick-up to Behind Order Arrival rime Order Board = Board Total 5:51:55 PM 3 6 5:52:42 PM -. 4 8 5:53:21 PM 5 5:55:28 PM 4 6 5:56:58 PM 5.. 6 5:57:18 PM 4 6 5:57:49 PM 5 7 12 5:58:22 PM 5 6 1'l 5:58:59 PM 4 6 ,. „.. 5:59:30 PM `.; ' 5 7 5:59:49 PM 4 6 ., 6:0023 PM 5 6 777M . 0135 0M 4 5 6:0x:06 PM 3 5 „ ....... 6:02:20 PM 4 5 6:02:47 PM 3 6, 6:03:27 PM' 4 6 ;.0 ...'.• 6:03:50 PM, 3 5 6:04:16 PM 2 5 6:0429 PM 2 4 6:05:26 PM 3 5 $ . 6:01:56 PM 2...... S..... 7 6:06:34 PM 3 4 7 6:07:01 PM` : 4 3 77 6:07:37 PM 5 2 ,"•;�•- 6508:49 PtW', 5 4 0. •a 619:48 PM 4 – 7' =11' 5 6 11 6:10:26 PM., 4 6:10 42 PM:;, 5 7 6:11:15 PM 4 7 11 6:11:28 PM i- 4 7 11 ;�6:11:54PM' s7 3 7 10 i=.612:12PM,, 4 6 „6:12:35 PM < - 4 6 10 6:12:51 PM 1, 3 _5_..$ 6:13:ii PM 3 5 8 . 6:13:28 PM 2 5 7 . 6:13:48 PM r 3 3 6 6:14;49 PM 4 3 7 6:15:04 PM 3 2 5 9;15:17 PM 3 3 6 6:15:28 PM + 2 2 4 6:15:39 PM 3 3 6 6:15:52 PM 3 5 "' 6:16:10 PM 3 4 7 6:16:33 PM' 4 4 8, 6:16:53 PM ( S 6 11 6;27:22 PM + 5 6 11 6:17:37 PM i 5 8 13 6:17:52 PM 4 8 12 6:18:04 PM '. 5 S.. 40 6:18:23 PM '.' 5 6 11 6:19:57 PM 5 6 11 6:20:48 PM 1 5 S 10 6:21:15 PM 4 5 -.9 6.21.96,PM 3 5 ':0- 6t21:44PM - 6:21:44 PM 4 5 `9 6:21:59 PM 4 5 9 622:13 PM 4 4 8 _..7 6:22:29 PM-. 3 4 Locations: 17-1215-001 City: Laguna Hilfs,CA Saturday Queue Day: Saturday Date: 10/14/2017 Pick-up to Behind Order Arrival Time ' Order Board Board Total 6:22:46 PM 3 4 7 y ' 6:23:10 PM „. ----4 _..4. i„6, ;•, .`. 6:23:27 PM 4 3 5 6:23:43 PM ': 5 5.. 14 6:24:01 PM f 5 5 10 6:24:40 PM 4 5 9 6:24:48 PM= 5 5 _5 ••'0` '= 6:25:30 PM ;.. 4 6:25:46 PM 6:25:58 PM 4 72 -,.6:2610 PM 3 7 616:30 PM 2 7 9 6=26:41 PM 3 5 8 6:27:08 PM 2--- 5 7 6:2750 PM -; 1 4 ra „6:28:17 PM , ,, 2 4 .... `..1;,...".. 6:29:19 PM 1 4 5 6:3001 PM 2 3 5 6:30:SOPM 3 3 �6:30:32PM 4 3 6:31:00 PM 3 3 6:31:12 PM 4 1 2 7777 6:31:44 PM 4 3 7 , 6:31:56 PM 5 3 8 ' 6:32:13 PM 4 3 7 •"- 8:32:21 PM 5 2 7..;: _ 6:32:43 PM 4 277 fi b:32:54 PM;: 4__ 3,, 7 6:33:16 PM 3 3 6' "6:33:30 PM 4 2 6:33:38 PM 3 1 .4 6:33:52 PM 3 2 $ ; 6:34:17 PM 2 2.... 4, 6:34:42 PM 3 2.... 5 :.::; 6:35:01 PM 2 2 4 6:35:19 PM Y 1 2 3 6:35:29 PM 2 1 3 6:35:43 PM 2 2 * , 6:35:55 PM s 2 3 5 6:36:28 PM 3 2 5 6:36:42 PM 3 3 6 i 6:36:54 PM 4 2 - 6 5:37:23 PM : 3 2 S 6:38:08 PM " 3 3 6 6:38:36 PM 2 3 5 63851PM - 3 2. S ' 6:39:09 PM 2 2 4 6:39:24 PM 2 1 3 6:39:53 PM 2 2 4 6:40:04 PM :.' 3 2 -:S 6:40:20 PM 3 3 6 6:40:32 PM 2 3 5 b:40:50PM :' 2 4_. 6 6:40:58 PM 3 4 7 6:41:21 PM ` 3 6 9 6:41:40 PM 'I 4 5 9 6:42:42 PM 5 5 10 6:43:08 PM 4 5 9 6:43:26. PM -' 5 4 9_... 6:43:57 PM 4 4 6:44:14 PM 3 4 '7 6:44:31 PM 4 3 7 Locations: 17-1215-001 City: Laguna Hi115,CA Saturday Quoue Day: Saturday Date: 10/14/2017 Prepared by National Data & Surveying Services Queue Study Project: 18-1161 City: Orange 12:00 PM - 2:30 PM Wednesday Queue Orange Raising Cane's Date: 8/22/2018 Day: Wednesday 7:OOPM - 9:30 PM Pick-up to Behind Order Arrival Time Total Order Board Board 12:00:00 PM 1 2 3 12:01:05 PM 1 3 4 12:01:10 PM 2 2 4 12:01:35 PM 1 3 4 12:01:50 PM' 2 3 5 12:02:07 PM 2 35 _ ,.W 12:02:49 PM 2 5 7 12:03:38 PM 3 4 7, 12:04:03 PM 2 3 5 12:04:16 PM, 1 5 f� 12:04:34 PM 2 5 7 12:04:48 PM 2 4 12:05:08 PM' 23 _ 8 5 12:05:33 PM 2 3 5 12:05:46 PM 3 2 5 12:06:10 PM 2 2 4 12:06:30 PM 1 2 3 12:06:45 PM 2 1 12:06:53 PM 2 2 4 12:07:01 PM 2 3 5 12:07:14 PM 3 3 6,- 12:07:47 PM 3 2 5,.".,-, 12:08:01 PM 3 2 5 12:08:23 PM 4 1 5;•,: .' 12:08:38 PM 3 1 4 12:08:53 PM 2 1 3 7:12:18 PM 2 2 4 7:13:07 PM 3 1 4 7:13:10 PM 3 2 5 M12:09:14 3 2 5 Vi 2 24 ''ii i 3 14 12:10:21 PM 2 1 3 12:10:44 PM 2 2 4 12:10:49 PM 2 3 5 12:10:50 PM 2 3 5 12:11:07 PM 3 2 5 12:11:23 PM 3 3 6 12:11:37 P M 3 4 7 12:11:50 PM 4 3 7 12:12:01 PM 4 4 8 12:13:16 PM 4 3 7 12:13:21 PM 4 7 1. 12:13:31 PM 4__ 8 12 12:13:43 PM 4 9 13 12:14:25 PM 4 10 14 12:15:39 PM 4 8 12 Wednesday Queue Orange Raising Cane's Date: 8/22/2018 Day: Wednesday 7:OOPM - 9:30 PM Pick-up to Behind Order Arrival Time Total Order Board Board . 7:01:36 PM 4 10 14 7:01:49 PM 2 102„,: 7:02:39 PM 2 10 3 7:03:06 PM` 2 i0 7:03:20 PM 2 9 7:03:31 PM 1 9 ,.W 7:03:48 PM 2 , g 7:03:55 PM 2 9 7:04:28 PM 2 9 7:04:48 PM' 2 8 „,j •.-. 7:05:15 PM 1 7 7:05:23 PM 2 _ 7 7:05:59 PM 3 8 7:06:31 PM 2 7 9 7:06:59 PM 1 7 Y. ..:.: 7:07:13 PM 2 7 0' 7:07:45 PM 3 8 7:08:17 PM 4 8 7:08:30 PM 3 9 7:08:55 PM 4 8 "- 7:09:18 PM 4 9, 7:09:56 PM 5 8 7:10:33 PM 5 9 7:10:56 PM 4 8 7:11:19 PM 4 8 7:11:34 PM 3 8 7:12:18 PM 3 8 13” 7:13:07 PM 4 8 7:13:10 PM 3 6„ 7:13:31 PM 2 6 8 7:13:56 PM 3 8 ''ii 7:14:07 PM 2 9 7:14:57 PM 3 9 12 7:15:03 PM 2 7:15:44 PM 2 9 2"1 7:16:07 PM 3 8 if 7:16:44 PM 4 9 13 7:17:17 PM 3 9 12 7:17:38 PM 2 9 11 7:17:51 PM 2 9 _ 11 7:18:01 PM 3 8 11 7:18:31 PM 4 9 13 7:19:15 PM 5 8 13 7:19:25 PM 4 10 14 7:20:05 PM 3 10 13 7:20:21 PM 3 10 i3 7:20:37 PM 2 10 12 Project: 18-1161 City: Orange 12:00 PM - 2:30 PM Wednesday Queue Orange Raising Cane's Date: 8/22/2018 Day: Wednesday 7:OOPM - 9:30 PM Arrival Time Pick-up to behind Order . . ........ ... ... . . .... Arrival Time 10 14 9 13 10 13 7:21:53 PM Total 8 12 order Board Board 9 14 12:15:50 PM 5 87�7 �113, I 12:16:18 PM 5 7 .. .. .......... ... 12:16:41 PM 4 5 77-777, 71, 12:17:01 PM 3 5 7:23:48 PM 12:17:22 PM 4 5 2 12:17:34 PM 3 3 0, 12:17:55 PM 2 3 ""S", 12:18:01 PM 2 3 7,777`7 12:18:34 PM 1 3 2 12:18:53 PM 1 3 3 12:19:21 PM 1 4 9 11 12:19:29 PM 2 5 7:26:54 PM 12:19:49 PM 2 5 3 12:20:18 PM 3 3 3 12:20:31 PM 2 4 3 12:20:45 PM 2 4 6, 12:20:59 PM 2 5 7 12:21:05 PM 2 6 7:29:47 PM 7:30:18 PM 12:21:27 PM 3 4 3 12:21:44 PM 2 4 7 11, 7 11 12:21:54 PM 3 4 7 12:22:05 PM 2 4 A 6 12:22:12 PM 3 3 6 12:22:28 PM 2 3 6 10 12:22:43 PM 2 3 7, 12:22:49 PM 3 2 5 12:22:57 PM 3 3 3 12:23:06 PM 2 3 3 12:23:23 PM 2 3 3 12:23:30 PM 0 3 3 12:24:02 PM 2 7:3G:3G PM 4 12:24:19 PM 2 4 5 12:24:30 PM 1 4 'S 12:25:06 PM 1 3 4", 12:25:25 PM 1 4 12:25:32 PM 1 4 5 12:26:00 PM 2 3 5 12:26:17 PM 2 4 6 12:26:35 PM 2 4 6 12:26;47 PM 1 4 5 12:27:45 PM 2 4 6 12:27:44 PM 3 3 6 1a 12:27;58 PM 3 4 7 12:28:15 PM 3 5 12:28:37 PM 4 7 it 12:28:55 PM 4 7 it 12:29:27 PM 3 5 8 12:29:54 PM 2 5 7 12:30:12 PM 3 3 6 12:30:31 PM 2 3 5 12:30:50 PM, 3 4 7 Wednesday Queue Orange Raising Cane's Date: 8/22/2018 Day: Wednesday 7:OOPM - 9:30 PM Arrival Time Pick-upto Order Board Behind Order Total Board 7:20:55 PM 7:21:22 PM 7:21:41 PM 4 4 1 3 10 14 9 13 10 13 7:21:53 PM 4 8 12 7:22:21 PM 5 9 14 7:22:35 PM 3 9 12 7:22:54 PM 2 9 11 7:23:09 PM 4 9 1 13 7:23:19 PM 3 9 12, 7:23:34 PM 2 9 It 7:23:48 PM 2 9 it 7:24:05 PM 2 9 7:24:10 PM 7:24:44 PM 7:24:55 PM 3 2 3 9 12 8 8 11 7:25:03 PM 2 9 7:25:15 PM 3 8 7:25:28 PM 2 8 7:25:44 PM 2 9 11 7:25:58 PM 3 8_ 7:26:11 PM 1 2 9 11 7:26:35 PM 3 8 7:26:54 PM 4 7 11 7:27:07 PM 3 6 7:27:33 PM 3 6 9 ................... ........... . 7:27:47 PM 3 6 9 7:28:10 PM 3 7 10, 7:29:10 PM 4 7 7:29:35 PM 5 7 '12 7:29:47 PM 7:30:18 PM 4 5 8 12 7 12 7:30:42 PM 3 7 10 7:31:16 PM 7:31:42 PM 4 4 7 11, 7 11 7:31:52 PM 7:32:04 PM 5 4 6 11 6 10 7:32:24 PM 3 6 9 7:32:36 PM 4 7 11 7:32:46 PM 3 7 10 7:33:05 PM 4 6 10 7:33:27 PM 3 7 10 /33:40 PM 4 6 10 7:34:21 PM 4 5 9 7:34:52 PM 3 5 8 7:35:08 PM 3 5 8 7:36:07 PM 3 6 9 7:36:16 PM 3 5 8 7:3G:3G PM 4 4 7:37:19 PM 5 3 8 7:37:43 PM 4 3 7 7:37:55 PM 5 2 1 7 Project: 18-1161 City: Orange 12:00PM-2:30PM Total 12:31:40 PM 4 3 12:31:59 PM` 4 3._;.: ; 12:32:25 PM 4 4 12:32:46 PM 3 4 7 12:33:06 PM 2 4 6 12:33:11 PM= 2 3 5 12:33:26 PM 2 4 6 12:33:43 PM 1 4 5 12:33:55 PM _ 2. 3 5 12:34:08 PM 2 4 6 12:34:15 PM 2 5 7 12:34:32 PM 2_ 5 „ 7 12:34:50 PM` 2 6 8 12:35:10 PM 3 _ 6 9 12:35:22 PM 3 6 ......... ; a °';', 12:35:45 PM 3 4 G 12:36:17 PM 3 4 12:36:38 PM 3 4 12:36:54 PM 3 3'"; 12:37:25 PM 3 1238:05 PM 5 5 12:40:02 PM 5 4 12:40:39 PM 2 4 12:40:42 PM 3 3 6 12:41:08 PM 2 3 5 ,' 12:41:25 PM-- 2 4 6 12:41:39 PM, 1 4 5 12:41:05 PM' 2 63,: 12:42:28 PM 2 7 12:42:38 PM 3 6 , 9 12:43:34 PM: 2 5 7':_'- 12:44:09 PM 2 6 12:44:46 PM 2 5 7 12:45:04 PM 2 5 7 12:45:30 PM 3 4 7- 12:45:45 PM 2 4 6' 12:46:01 PM 3 4 7 12:46:24 PM 4 5 9 12:47:00 PM 5 4 9 12:47:36 PM 4 4 8 12:47:54 PM 5 4 9 12:48:21 PM 4 4 8 12:48:49 PM 4 3 7 12:48:57 PM 4 3 7 12:49:23 PM 3 3 6 12:49:44 PM 5 2 7 12:49:59 PM 4 2 6_i 12:50:31 PM 3 3 6 12:50:47 PM 4 3 7 12:51:10 PM 3 6 9 12:51:38 PM 4 5 9 Wednesday Queue Orange Raising Cane's Date: 8/22/2018 Day: Wednesday 7:OOPM - 9:30 PM Project: 18-1161 City: Orange 12:00 PM - 2:30 PM Arrival Time Pick-up to Order Board Behind Order Board Total 12:51:59 PM 3 5 8 12:52:39 PM' 3 5 & „I 12:52:58 PM 4 4 8 12:53:21 PM 4 6 10 12:53:30 PM 4 8 12 `. " 12:53:49 PM 5 11 16 12:54:21 PM 3 11 14 12:55:06 PM 4 10 14 12:55:36 PM 4 1 9 13 12:56:19 PM 3 9 12 ' 12:56:35 PM 4 8 12 12:56:54 PM 12:57:25 PM 4 4 8 10 12 14 12:58:02 PM 5 8 13 12:59:14 PM, 4 9 13 12:59:24 PM 4 9 13 12:59:57 PM 5 8 13 1:00:12 PM 4 9 13 1:00:32 PM 4 9 13' 1:00:46 PM 4 7 11 1:00:59 PM 3 7 10 ' 1:01:36 PM 1:01:49 PM 1:02:05 PM_ 4 3 4' 6 — 7 6 10 10 10 .' 1:02:26 PM 3 6 9 1;02:48 PM 2 8 10 1:03:01 PM 3 9 12 1:03:24 PM 2 9 11 1:03:40 PM 3 8 11 4 1:03:48 PM 3 8 .1 1:04:13 PM 1 7 8 1:04:29 PM 2 8 10 1:05:06 PM 1:05:22 PM 4 3 8 7 12 0 1:05:45 PM 1:06:01 PM 4 2 7 7 11 ; 9 1:06:39 PM 4 6 _0 1:07:19 PM 2 6 8 1:07:34 PM 4 5 9 " 1:07:48 PM 4 5 9 1:07:58 PM 2 5 9 1:08:06 PM 4 1 7 11 1:08:34 PM 4 5 9 1:09:03 PM 5 4 9 1:09:36 PM 4 6 10 1:09:59 PM 5 6 11 1:10:09 PM 4 4 8 1:10:36 PM 3 4 7 1:10:53 PM 3 3 6 1:11:26 PM 3 2 10 1:12:01 PM 4 2 6 Wednesday Queue Orange Raising Cane's Date: 8/22/2018 Day: Wednesday 7:00PIVI - 9:30 PM Pick-up to Behind Order Arrival Time Total Order Board Board 7:56:24 PM 4` 6 10 7:57:00 PM 5 6 11 7:57:11 PM `-- 4 6 10 7:57:34 PM 5 7 12 7:57:59 PM 4 8 12 7:58:30 PM 3 7 16 7:58:48 PM 4 6 10 7:59:11 PM 5 600 11.... ,'. 8:00:34 PM 5 7 I2 8:01:21 PM 5 6 8:01:53 PM 4 8:02:21 PM ', 4 5 8:02:81 PM 4 6 8:02;50 PM 3 6 pAF ,•.. 8:02:59 PM 2 6 8:03:22 PM 3 5.. 8:03:34 PM 2 6 _r 8, 8:03:46 PM 3 6 9 8:04:04 PM 2 7 8:04:30 PM 2 7 9 8:04:45 PM 2 7 8:05:17 PM 3 6 9.. 8:05:39 PM 2 9 1:...`':. 8:05:51 PM _ 3 _ 6 ' 9 8:06;10 PM 2 6 S 8:06:37 PM' 2 7 8:06:49 PM 3 7 10 8:07:03 PM 2 8...: 8:07:14 PM 1 g 8:07:41 PM 1 7 S 8:07:56 PM 2 6 8 8:08:30 PM 3 6 9 8:08:52 PM 3 5 8 8:09:11 PM 3 6 9 8:09:25 PM 2 6 8 8:09:41 PM 2 6 8 8:09:52 PM 3 6 9 8:10:41 PM 3 7 10 8:11:18 PM 3 7 10 8:11:41 PM 2 6 8 8:11:52 PM 3 7 10 8:12:16 PM 3 6 9 8:12:48 PM3 _ 7 10 8:12:59 PM 4 7 11 8:13:39 PM 4 8 12 8:14:19 PM 5 8 13 8:14:41 PM 4 8 12 8.15.02 PM 3 0 11 8:15:21 PM 4 8 12 8:15:59 PM 11 4 7 11 8:16:12 PM 4 7 11 Project: 18-1161 City: Orange 12:00PM-2:30PM Wednesday Queue Orange Raising Cane's Date: 8/22/2018 Day: Wednesday 7:OOPM - 9:30 PM Pick-up to Behind Order Arrival Time ' Total Order Board Board 1:22:3O PM 3 3 6 1:12:57 PM 3 3 6, 1:13:05 PM 4 2 1:13:17 PM 3 2 5 1:13:28 PM 3 2 5 1:13:45 PM 3 3 6, 1:13:58 PM 3 5 8 1:14:19 PM 3 6 1:14:52 PM 4 6 10 1:15:11 PM Q 5 9 1:15:26 PM 5 5 1:16:09 PM S. 5 _ 16 1:16:37 PM 3 5 41"', , 1:17:15 PM 3 6 1:17:38 PM 4 5 !V:, 1:18:46 PM 4 4 8 `' 1:18:58 PM 5 6 11 7- 1:19:42 PM 4 6 40.= 1:20:30 PM 3 7 1:21:01 PM 2 7 9 1:21:09 PM 2 7 1:21:20 PM 2. 6 $ 1:21:42 PM 1 6 7 1:22:12 PM 0 6 1:22:34 PM 1 6 7. 1:22:55 PM 2 5 -.... ; 7 1:23:33 PM 3 4 7 ,, 1:23:41 PM 2 4 6, I 1:23:49 PM 3 3 6 1:24:10 PM 2 3 5 1:24:12 PM 3 2 5 1:24:45 PM 3 3 6 1:24:57 PM 3 1 3 6 1:25:14 PM 3 4 7 1:25:42 PM 3 3 6 1:25:51 PM 2 3 5 1:26:03 PM 3 3 6 1:26:14 PM 2 3 5 1:26:20 PM 2 3 5 ! 1:26:28 PM 3 2 5 1:26:47 PM 2 - 2 _ 4 1:27:07 PM 3 1 4 1:27:25 PM 2 2 4 1:27:42 PM 2 3 5 1:27:53 PM 3 2 5 1:28:07 PM 2 2 4 `. 1:28:23 PM 3 2 5 1:28:43 PM 3 3 6 1:28:42 PM 2 3 5 1:29:09 PM 1 3 4 1:29:42 PM 2 2 4 Wednesday Queue Orange Raising Cane's Date: 8/22/2018 Day: Wednesday 7:OOPM - 9:30 PM Project: 18-1161 City: Orange Wednesday Queue Orange Raising Cane's Date: 8/22/2018 Day: Wednesday 7:OOPM - 9:30 PM Project: 18-1161 City: Orange 12:00 PM - 2:30 PM Wednesday Queue Orange Raising Cane's 7:OOPM - 9:30 PM Date: 8/22/2018 Day: Wednesday ttal 8:50:12 PM Pick-up to Behind Order 2;, " Arrival Time Order Board Board Total 1:50:57 PM 3 3 6 1:51:12 PM." 3 2 5 1:51:33 PM 3 2 " .,• 1:51:44 PM 4 1 5 1:51:50 PM 4 2 „6 1:52:02 PM 4 2 fr 1:52:07 PM 3 2 5 1:52:23 PM 2 2 4 1:52:32 PM 2 2 4 1:52:41 PM 3 1 4 1:52:44 PM ` 3 2 5 1:52:54 PM ': 3 2 5 1:53:10 PM 2 2 fit" 1:53:31 PM 2 3 fi• " 1:53:51 PM : 3 2 "7 1:54:03 PM 2 3 5 1:54:21 PM 2 2 4 " 1:54:30 PM 2 2 4,-- 1:54:36 PM 3 1 4"= 1:54:57 PM 2 1 3 1:55:10 PM , 3 D 7 1:55:14 PM 2 2 4 1:55:25 PM 2 2 4 1:55:43 PM 1 2 3 1:55:50 PM 2 1 3 1:55:57 PM 2 1 3 1:56:23 PM 3 0 3 1:56:31 PM 3 0 3 1:56:44 PM 2 0 2 1:56:55 PM 2 1 3 1:57:07 PM 1 1 2 1:57:54 PM_ 1_ 2 -3 1:57:59 PM 0 2 2 i 1:58:18 PM 1 2 3 1:58:35 PM 1 3 4 1:58:49 PM 2 2 4 1:58:57 PM 2 2 4 .. 1:59:21 PM 1 2 3 1:59:32 PM 1 2 3 1:59:41 PM 2 1 3 1:59:49 PM 2 2 4 ` 1:59:55 PM 2 3 5 2:00:03 PM 1 3 4 2:00:14 PM 2 2 4 2:00:21 PM 1 2 1 3 5 2:00:38 PM 3 2 5 2:00:47 PM 2 2 4 ' 2:01:05 PM 2 3 5 2:01:22 PM 2 3 5' 2:01:32 PM 2 2 4 2:01:49 PM 1 3 4 Wednesday Queue Orange Raising Cane's 7:OOPM - 9:30 PM Date: 8/22/2018 Day: Wednesday ttal 8:50:12 PM 2 0 2;, " 8:50:24 PM 2 1 3.. ..' 8:50:28 PM 2 2 4 8:50:59 PM 2 2 8`.51:09 PM 1 2 " .,• 8:51:44 PM 0 2 Z ;" 8:51:55 PM 0 3 3,,; 8:52:29 PM _. 1 _ 2 8:52:44 PM : 1E 3 4, 8:52:52 PM 1 4 8:53:34 PM 1 5 6 8:53:42 PM 1 5 6" 8:53:56 PM 2 5 ?.., 8:54:19 PM 2 4 6 " 8:54:58 PM 3 3 fit" 8:55:21 PM 3 3 fi• " 8:55:32 PM 3 4 "7 8:55:51 PM 3 4 7 8:56:.05 PM 2 _ _ 4 S.. 8:56:35 PM 2 _ 6 7 8:56:29 PM 3 4 -7 8:56:53 PM 3 5 8 8:57:04 PM 1 2 5 7 8:57:29 PM 2 4'" 8:57:49 PM 2 4 8:58:10 PM 3 3i„ 8:58`.39 PM 3 4 7. 8:59:01 PM 2 4, _- " 8:54:19 PM 3 _ 4 9:00:11 PM 4 4.: 9:00:22 PM 4 5 9 - 9:00:31 PM 5 4 9 9:00:48 PM 5 5 10 9:01:12 PM'' 4 5 9 9:01:46 PM 5 5 10 9:02:37 PM 4 5 9 9:02:48 PM 5 4 9 9:03:45 PM 4 4 8 9:04:01 PM 3_ 4 7 9:04:15 PM 4 3 7 9:04:20 PM 4 4 8 9:04:25 PM 3 4 7 9:04:34 PM 4 4 8 9:04:45 PM 3 3 6 9:05:12 PM 4 2 6 9:05:18 PM 3 2 5 9:05:34 PM 3 3 6 9:05:46 PM 4 2 6 9:05:57 PM J 3 3 6 Project: 18-1161 City: Orange 12:00PM-2:30PM Wednesday Queue Orange Raising Cane's Date: 8/22/2018 Day: Wednesday 7:OOPM - 9:30 PM Project: 18-1161 City: Orange 12:00 PM -2:30 PM Wednesday Queue Orange Raising Cane's Date: 8/22/2018 Day: Wednesday 7:OOPM - 9:30 PM Pick-up to Behind Order ArrivaiTime Order Board Board Total ' 2:15:54 PM 1 0' 1 2:16:32 PM 1 1 2 2:17:21 PM1 2 3 2:17:31 PM 2... 1 a. 2:17:50 PM 3 0 3 2:18:04 PM 3 0 2:18:27 PM 2 0 2:19:06 PM 1 0 1 2:19:34 PM 0- 1 1 2:19:55 PM 1- 1 2 ..;.. 2:20:05 PM 1 3 4 2:20:37 PM 1 4 5 2:20:45 PM 1 4 2:21:28 PM 2 3 5 2:21:52 PM 3 2 5 2:22:05 PM 3 3 6 ..', 2:22:27 PM 4 2 6• 2:22:47 PM 4 .-7-77777- 2 .6: ; . 2:21:56 2:22:56 PM 3-- 2 2,23:21 PM 3 _ 2 5 . 2:23:33 PM 4 1 5 2:23:42 PM, 3 1 4 2:23:51 PM 4 0 4 2:23:53 PM 3 0 3 2:24:25 PM 2 0 2 2:24:50 PM 2 1 3 2:25:31 PM 1 1 2 2:25;52 PM 0 1w.�::.,: 2:26:02 PM 1 0 1. 2:26:13 PM 1 1 ;.._ - .2 2:26:49 PM 2 1 3 2:27:04 PM 2 1 3 2:27:20 PM 1 1 2 2:27:27 PM 1 1 1 2 2:27:50 PM 0 1 1 2:27:57 PM 1 0 1 2:28:36 PM 1 0 1 2:28:42 PM 1 1 2 2:29:31 PM 1 1 2 ' 2:29:37 PM 1 2 3 i 2:29:53 PM 2 1 3 Wednesday Queue Orange Raising Cane's Date: 8/22/2018 Day: Wednesday 7:OOPM - 9:30 PM Prepared by National Data & Surveying Services Queue Study Project: 18-1161 City: Orange 12:00 PM - 2:30 PM Saturday Queue Orange Raising Cane's Date: 8/18/2018 Day: Saturday 7:OOPM - 9:30 PM 7:01:58 PM 1 8 7:03:12 PM 0 8 7:03:33 PM 1 7 7:04:10 PM 7:04:21 PM 7:04:40 PM 2 2 3 7 7 7 7:04:53 PM 7:05:10 PM 4 3 6 6 7:05:17 PM 2 5 7:05:29 PM 2 7 7:06:15 PM 7:06:57 PM 0 2 7 6 7:07:21 PM 2 8 7:07:46 PM 3 10 7:08:36 PM 3 9 7:08:56 PM 2 9 7:09:28 PM 4 8 7:09:52 PM_ 7:10:11 PM 3 2 7 8 7:10:42 PM 3 8 7:11:01 PM 1 8 7:11:20 PM 3 7 7:11:31 PM 2 7 7:11:51 PM 2 7 7:12:07 PM r 1 7 7:12:38 PM 7:12:46 PM' 0 1 7 6 7:13:28 PM 2 7 7:13:50 PM' 3 6 7:14:19 PM 4 5 7:14:43 PM 7:15:49 PM 3 3 5 6 7:16:08 PM 2 6 7:16:29 PM 7:16:50 PM 1 0 6 8 7:17:03 PM 1 9 7:17:38 PM' 2 9 7:18:06 PM 2 10 7:18:13 PM' 3 10 7:18:40 PM 4 9 7:19:36 PM 5 8 7:20:07 PM 5 7 7:20:27 PM 4 7 7:20:48 PM 3 9 7:21:28 PM 2 10 7:21:41 PM 2 11 7:22:00 PM 1 11 i Project: 18-1161 City: Orange 12:00 PM - 2:30 PM Saturday Queue Orange Raising Cane's Date: 8/18/2018 Day: Saturday 7:OOPM - 9:30 PM Pick-up to Behind Order Arrival Time. Total Order Board Board 12:19:20 PM 2 4 6' 12:19:35 PM 3 4 7 12:19:58 PM 4 4 8, 12:20:10 PM 3 4 7' 12:20:46 PM 3 4 7' 12:21:05 PM 2 4 6' 12:21:15 PM 2 3 5'' 12:21:31 PM 1 3 12:21:38 PM 2 3 5'' 12:21:49 PM 2 4 6 12:22:21 PM 2 4 12:22:48 PM 1 4 5; ,•.,' 12:22:59 PM 2 5 7; 12:23:01 PM 2 5 7 12:23:32 PM 1 6 i 12:23:53 PM 1 6 7 12:24:24 PM 0 6 12:24:32 PM 1 5,. 12:25:00 PM 2 6:; 12`:25:46PM 3 5 12:26:27 PM 4 53', ....,.' 12:26:42 PM 3 5 8: 12:27:06 PM 3 6 9''. 12:27:37 PM 3 5 12:27:52 PM 3 6 9' 12:28:06 PM 3 7 10 12:28:31 PM 2 8 10, 12:28:52 PM 2 1 8 10: 12:29:03 PM 3 7 l:i'i 12:29:29 PM 2 6 8i 12:29:57 PM 3 5 12:30:20 PM 2 5 7 12:30:32 PM 2 5 7, 12:30:47 PM 2 6 8 ;; 12:31:11 PM 2 6 12:31:24 PM 2 6 8 12:31:57 PM 3 5 12:32:07 PM 2 5 7 12:32:21 PM 2 5 7 12:32:40 PM 3 4 7 12:32:58 PM 2 4 6 12:33:08 PM 3 3 6 12:33:19 PM 2 3 5 12:33:36 PM 3 2 5 ` 12:33:56 PM 3 2 5 ' 12:34:06 PM 4 1 5 12:34:16 PM 4 2 6 12:34:25 PM 3 3 5 12:34:39 PM 2 3 5 12:34:53 PM 2 3 5 12:35:03 PM 3 3 1 Saturday Queue Orange Raising Cane's Date: 8/18/2018 Day: Saturday 7:OOPM - 9:30 PM Project: 18-1161 City: Orange 12:00 PM - 2:30 PM Arrival Time Pick-up to Behind Order Total Arrival Time Order Board Board Total 12:35:19 PM 3 3 6 , 12:35:25 PM 2 3 5 12:35:45 PM 1 3 4 12:35:52 PM 1 3 4 ' 12:36:11 PM 2 2 4` 12:36:19 PM 2 3 5' 12:36:27 PM 2 4 a 12:36:44 PM 1 4 5' 12:36:55 PM 2 3 5 12:37:04 PM _ 2 3 5 12:37:39 PM 2 3_. _ 5 12:38:05 PM 1 4 5'. 12:38:28 PM 0 4 4 12:39:12 PM 0 5 5'. 12:39:29 PM 1 14 3 5'. 12:39:59 PM 2 3 5 12:40:29 PM 3 3 6 12:40:50 PM 2 2 4 12:41:09 PM 3 2 5' 12:41:21 PM 2 2 4' 12:41:35 PM 2 3 5' 12:42:15 PM 2 4 77777 12`.43:01 PM 3. 4 7'' .' 12:43:40 PM 3 3 .. 12:44:07 PM 3 5 8, 12:44:24 PM 3 6 9' 12144:42 PM 2 0 ,- ... 12:45:20 PM 3 0 12:45:39 PM 2 6 8' 12:45:56 PM 3 5 8 12:46:37 PM 26 _ 1 8' 12:47:00 PM 2 5 7 12:47:30 PM 3 5 8 12:47:52 PM 2 6 8 12:48:30 PM 2 6 8' 12:49:23 PM 1 8 9' 12:49:35 PM 2 6 8l 12:49:51 PM 2 4 6' 12:50:50 PM 2 5 7 12:51:10 PM 1_ 5 6° 12:51:26 PM 2 6 _ 8 12:51:44 PM 3 6 9 12:52:00 PM 2 6 8' 12:52:19 PM 2 5 7' 12:52:37 PM 2 5 7'' 12:52:53 PM 2 5 7" 12:53:24 PM 3 5 8 12:53:37 PM 3 1 3 t 12:53:59 PM 3 4 7' 12:54:30 PM 3 4 7 12:54:44 PM 3 4 7 Saturday Queue Orange Raising Care's Date: 8/18/2018 Day: Saturday 7:OOPM - 9:30 PM Pickup to Behind Order Arrival Time Order Board Board Total 7:43:07 PM:_ 3___ 5 7:43:16 PM 3 6 5:;: 7:43:33 PM 4 5 " 7:.43:49 PM :' 3 5 7:43:55 PM 3_ 6 7:44:54 PM 4 5 7:45:14 PM' 3 4 7:45:25 PM 4 3`, 7:45:40 PM 3 3 7:45:57 PM' 3 2 7:46:16 PM : 2 2 7:46:32 PM 2 3 7:46:42 PM,' 2 3 7:47:06 PM 3 2 ...., 7:47:40 PM 3, 3 7:48:00 PM 3 2 7:48:24 PM'' 4 7 1 ? :- 7:49:03 PM 4 2 7:49:09 PM 5 1 7:50:23 PM_ 5 . 2 7:51:21 PM' 5 7:51:49 PM 4 2 7:52:07 PM 5 1.. 7:52:34 PM 4 1..'; .. 7:52:47 PM 3 1 7:53:12 PM 3 1 L 7:53:40 PM 4 0 ,- ... 7:54:20 PM 3 0 7:54:18 PM 2 0 7:54:26 PM 1 0 7:55:35 PM 1 1 2, 7:55:47 PM 1 2 3 , 7:56:08 PM 0 2. 7:56:35 PM 1_ 1.:,,, 7:57:02 PM' 2 0•<,•,,;,: 7:57:11 PM 2 0 7:57:38 PM 1 0 i 7:57:52 PM 1 1 7:58:14 PM 0 1 1 7:58:33 PM 0 2 2. 7:58:45 PM 0 3 3 7:58:51 PM 1 2 3 7:59:00 PM 1 3 4 7:59:12 PM 2 2 4 7:59:38 PM 2 3 5 8:00:21 PM 2 3 5 8:00:30 PM 1 3 4.7 8:00:58 PM 1 2 3 8:01:28 PM 1 3 4 8:02:33 PM 1 2 3 3:02:49 F M 1 3 4 '- Project: 18-1161 City: Orange 12:00 PM - 2:30 PM Pick-up to Behind Order Arrival Time11 Total Order Board ':. Board 12:55:14 PM 3 3 6'. 12:55:40 PM 1 4 5', . •j 12:56:06 PM 0 4 4 12:56:27 PM 0 5 S 12:56:55 PM 1 6 7 12:57:18 PM 2 5 7 12:57:41 PM 1 1 5 6 12:58:10 PM' 2 4 6, 12:58:38 PM 3 3 12:58:50 PM' 4 2 12:58:59 PM 3 1 P 4 12:59:10 PM 2 2 4'" 12:59:30 PM` 3 3 12:59:45 PM 3 5 3 1:01:00 PM 2: 5 g 1:01:38 PM 3 8 1s'" 1:02:04 PM 4 7 1 1:02:20 PM 4 4 8''" 1:03:06 PM 3 8 2 1:04:10 PM 3 9 12i` 1:04:27 PM, 3 5 2 1:04:56 PM ` 3 6 9' 1:05:20 PMI 4 6 30 , 1:05:53 PM 4 6 10'' , 1:06:45 PM 4 6 1C3' 1:07:27 PM 4 8 1 1:08:30 PM 3 9 12,': .'. 1:09:18 PM 4 9 13' 1:09:36 PM 4 9 13' 1:09:54 PM 3 5 8 1:10:09 PM 3 9 121 1:10:25 PM 2 10 12' 1:10:39 PM 3 10 13" 1:11:04 PM 3 8 i11 1:11:25 PM 3 9 12 1:11:32 PM 4 8 12: 1:11:49 PM 3 9 12 1:12:05 PM 2 9 3' 1:12:35 PM 2 7 9 1:13:13 PM 1 5 6 1:13:24 PM 1 5 6 1:13:34 PM 2 6 a; 1:14:16 PM 2 9 11 1:14:24 PM 1 9 10 1:14:41 PM 1 11 12 1:14:42 PM 2 9 11` 1:15:06 PM 1 9 10 1:15:25 PM 2 10 12' 1:15:51 PM 3 9 1L 1:16:25 PM 2 9 11. Saturday Queue Orange Raising Cane's Date: 8/18/2018 Day: Saturday i:uurim - 7.3u riven 4 4 Pick-upto Behind Order' 4 Arrival Time 9 8:15:42 PM Total 6 Order Board .Board 4 8:03:07 PM 2 2 4 8:03:22 PM 2 3 5 8:03:35 PM 3 2 5 8:03:45 PM 2 3 5 8:04:03 PM 3 2 5 ' 8:0428 PM 1 2 2 4 8:04:42 PMI 2 2 4 8:05:06 PM, 3 1 4 + 8:05:23 PMI 3 _ -3 2 5 8:05:41 PM 1 4 8:06:00 PM 3 2 5 8:06:10 PMI __ 2 2 4 8:06:19 PM 2 3 5 8:06:32 PM 1 4 $ 8:06:49 PM 2 3 5 8:07:08 PM 2 4 6" 8:07:17 PM 2 4 6 8:07:38 PM 2 3 5 '" 8:08:05 PM' 2 3 5 8:08:45 PM 1 3 4 8:08:55 PM 1. 4 ,. 5...,. 8:09:67 PM 1 0 4 4 f 8:09:41 PM 1 3 4 8:10:40 PM `. 1 3 4 8:11:09 PM . 2 2 4 8:11:17 PM 2 3 5 8:11:36 PM 2 4 6 s 8:11:45 PM 2 4 6 8:11:58 PM 2 5 7 8:12:09 PM 2 4 6 8:12:23 PM 3 5 8 8:12:39 PM 3 6 9 8:13:11 PM' 3 6 9 8:13:19 PM ` 4 6 10 8:13:34 PM 3' 6 9 8:13:53 PM 4 5 9 8:14:11 PM` 3 5 8 8:14:36 PM 4 4 8 8:15:13 PM 4 4 8 8:15:24, PM 4 5 9 8:15:42 PM 3 6 9 8:16:09 PM 4 6 10 ` 8:16:34 PM 4 5 9 8:16:51 PM 4 6 10 8:16:59 PM 3 6 9 8:17:14 PM 4 7 11. 8:17:52 PM 5 6 11 8:18:29 PM 8:18:53 PM 5 4 6 8 11 12 8:19:10 PM 5 7 12 ' 8:19:22 PM 4 6 10 Project: 18-1161 City: Orange 1L:UU NM - L:3U NM Pick-up to Arrival Time Pick-up to Behind Order Total Board Order, Board .'Board 1:16:40 PM 3 9 tz 1:17:07 PM 2 8 Ycs,10,, .. 1:17:33 PM 2 8 20', 1:17:56 PM 2 10 "21 1:1838 PM 211 8 1.3 ; 1:18:53 PM 1 11 11 1:19:47 PM 0 6 1:19:54 PM 1 7 9.. . 1:20:49 PM _2 9 1`1i .:.: 1:21:18 PM- 3 8 124 1:21:44 PM 3 811'' ;K 1:22:15 PM 4 9 6,,' 1:22:37 PM 5 8 13 1:23:05 PM 4 8 7 1:23:25 PM 4 7 11', 1:23:49 PM 3 7 10 1:24:00 PM 2 - 7 9', .:.:.. 1:24:20 PM 2 7 . 9', 1:24:36 PM 2 7 9 1:24:55 PM 2 5 7', 1:25:32 PM 3 4 7' , 1:26:01 PM 3 4 2, 1:26:20 PM 3 5 1:26:39 PM 4 4 8;77 1:27:36 PM 2_ 4 ..... ..,' 1:27:45 PM 3 3 6.:. 1:28:01 PM` 2 4` 5 1:28:13 PM 2 4 &.; .,. ,.... 1:28:45 PM 2 4 & 1:28:54 PM 3 4 7' 1:29:04 PM 3 1 4 7 1:29:08 PM 2 4'-' 7 1:29:15 PM 3 4 :7,:, 1:29:17 PM 3 6 9 1:29:31 PM 2 6 -:,,• 1:29:55 PM 3 7 1t1` 1:30:17 PM 2 7 9 1:30:30 PM 2 6 9 1:30:56 PM 3 5 8 1:31:42 PM_ 4 5 9!; 1:32:03 PM 3 6 9 1:32:30 PM, 2 7 3 1:32:42 PM 2 8 10 1:32:50 PM 1 3 1 8 11 1:33:23 PM 4 8 12 1:33:55 PM 3 8 :11 1:34:08 PM 4 9 13' 1:34:30 PM 3 8 11 1:34:58 PM 3 7 10 1:35:13 PM 3 7 10 1:35:33 PM 2 8 ;ct Saturday Queue Orange Raising Cane's Date: 8/18/2018 Day: Saturday 7:OOPM - 9:30 PM Arrival Time Pick-up to Behind Order Total Order Board Board 7 12 ' 8:19:49 PM 5 8:20:20 PM 3 7 1; 8:21:21 PM 3 7 10 8:21:34 PM' 3 8 8:21:48 PM 3 8 8:22:41 PM _3 _ 8 11 8`.23:52 PM: 1 6 8:23:52 PM 2 7 9.. . 8:24:25 PM 2 5 7•'.';; 8:24:54 PM 2 5.... 8:25:20 PM 2 4 = _ 6 '+ 8:25:36 PM3 3 6,,' 8:16:04 PM' 2 4 6 8:16:18 PM 2 5 7 8:16:52 PM 2 4 6 8:27:29 PM 1 g 7 8:28:13 PM 1 6 7..' 8:28:51 PM2 6 B ', 8:29:07 PM 3 6 8:29:53 PM 34 1 8:30:19 PM 1. 7 8:30:34 PM 3 6 9 .',.... 8:31:10 PM 3 4 8:31:42 PM 2 4'' 8:32:18 PM 3 2 5 8:32:36 PM 4 1:' =�~ 8:33:10 PM 3 2 5 8,33:29 PM" 2 3 5, 8:34:03 PM_1 6 8:34:16 PM 0 g. -.r_ 8:34:37 PM 1 5 6 8:35:12 PM 1 6 7 8:35:21 PM 1 6 7„ , 8:35:40 PM 2 7 9 8:35:57 PM 1 7 8 ; 8:36:37 PM 2 6 8 8:37:00 PM 2 6 8 8:37:30 PM 3 6 9 8:37:50 PM 3 7 10 8:38:15 PM 3 6 9 8:38:33 PM 2 6 E 8:38:47 PM 2 6 8 8:39:17 PM 2 9 , 8:39:35 PM 1 9 10 8:40:25 PM 2 8 10 8:40:46 PM 3 7 10 8:41:08 PM 2 7 9 8:41:16 PM 3 9 12" 8:41:30 PM 3 9 12' 8:41:43 PM 4 6 10 8:42:27 PM 5__J 6 Project: 18-1161 City: Orange 12:00 PM - 2:30 PM Arrival Time Pick-up to. Behind Order Total 8:42:37 PM Order Board Board 8:42:59 PM 1:35:50 PM 3 9 12 1:36:08 PM 2 9 11' 1:36:22 PM 3 7 1C 1:37:02 PM 3 5 8' 1:37:51 PM 2 5 7 1:38:05 PM 3 4 7 1:38:30 PM 2 4 6 1:39:01 PM 3 3 6 1:39:24 PM 3 2 5 1:39:43 PM 3 4 7 1:40:07 PM 3 6 9' 1:40:20 PM 3 6 8:51:43 PM_ 1:40:32 PM 4 5 8 1:41:19 PM` 3— 5 8 1:41:34 PM 4 5 9 1:42:04 PM' 3 4 7 s 1:42:24 PM 4 _ 4 8 1:42:38 PM 4 5 9' 1:42:53 PM 3 5 8' 1:43:16 PM 2 5 7' 1:43:32 PM 2 5 7 1:43:45 PM 3 4 7 1:43:58 PM 2 4 6 1:44:21 PM 2 4 6 1:44`.39 PM 3 3 5 1:44:59 PM 3 2 5': 1:45:17 PM 3 3 6 1:45:31 PM 3 3 6.' 1:45:46 PM 3, 3 6 1:46:11 PM 4 2 G 1:46:47 PM 4 2 6c 1:47:00 PM 3 2 5 1:47:15 PM 3 �2 5' 1:47:26 PM 4 1 5 1:47:37 PM 4 2 6 1:47:54 PM 3 3 6 1:48:06 PM 4 2 1:48:29 PM 3 2 5 1:48:52 PM 2 2 4 1:49:10 PM 2 2 4` 1:49:24 PM 3 1 4 1:49:39 PM 2 2 4 1:49:48 PM 3 1 4 1:50:18 PM _ 3 0 3 1:50:42 PM 2 0 2 1:50:51 PM 2 2 4 1:51:14 PM 1 1 2 3 1:51:31 PM 1 2 3" 1:52:40 PM 2 1 3-- 1:51:54 PM 1 2 3 1:52:02 PM 3 0 3 Saturday Queue Orange Raising Cane's Date: 8/18/2018 Day: Saturday i:uurrvl - 7:3u rrvI Arrival Time Pick-up to Order Board Behind Orde Board ' 8:42:37 PM 4 8 8:42:59 PM 3 8 8:43:27 PM 4 _ 9 8:43:54 PM 2 9 8:44:28 PM 1 9 8:44:39 PM 2 9 8:44:53 PM 8:45:10 PM 1 3 2 8 10 8:45:20 PM 2 10 8:45:49 PM 3- — 12 — 8:46:10 PM, 2 11 8:46:33 PM' 8:47:09 PM 2 3 12 12 8:47:33 PM 3 13 8:47:45 PM 4 13 8:48:53 PM 5 12 8:49:03 PM 4 11 8:49:33 PM 8:49:49 PM 8:50:08 PM 3 4 3 12 12 11 8:50:44 PM 4 12 8:51:43 PM_ 4 10 8:51:55 PM 5 10 8:52:46 PM 8:53:47 PM 8:54:38 PM 5. 5 5 11 10 12 8:55:06 PM 4 _12 8:55:25 PM 4 9 8:55:41 PM 4 9 8:56:23 PM 4 9 8:57:59 PM 5 11 8:58:16 PM 5 12 8:58:46 PMI 5 12 8:59:22 PM' 5 11 8:59:48 PM 5 10 9:00:45 PM 4 12 9:01:28 PM 5 11 9:02:19 PM 9:02:49 PM 5 5 12 11 9:03:36 PM 5 11 9:04:05 PM 5 10 9:04:45 PM' 4 11 9:05:02 PM 4 10 9:05:42 PM 3 10 9:05:53 PM 9:06:02 PM 3 4 10 10 9:06:13 PM 3 10 9:06:22 PM_ 9:06:38 PM 9:06:53 PM 3 3 3 13 12 12 9:07:20 PM 3 11 M" Project: 18-1161 City: Orange 12:00 PM - 2:30 PM Arrival Time ` Pick-up to Behind Order Total Order Board Board 1:52:28 PM 1 0 1' 1:52:38 PM 2 1 9 1:53:10 PM 3 2 5' 1:53:23 PM 2 2 4' 1:53:49 PM 2 2 4'' 1:53:58 PM 3 2 5.': 1:54:29 PM 3 1A " 1:54:42 PM 3 0 3 1:54:59 PM 3 2 5 1:55:22 PM 2 2 4i 1:55:30 PM_ 1 2 6 1:55:43 PM 2 13 6 1:56:19 PM 3 0 3' 1:56:27 PM 2 0 21'' 1:57:08 PM 2 0 2' 1:57:26 PM 2 1 3' = ' 1:57:35 PM 1 1 2 1:57:41 PM 1 2 3I 1:57:48 PM 1 3 4' 1:57:53 PM 0 3 3': 1:58:02 PM 1 2 3' 1:58:11 PM 1 3 4' 1:58:42 PM 2 2 4 1:59:00 PM 2 2 4. " 1:59:11 PM 3 1 4, . 1:59:42 PM 2 0 2. 1:59:55 PM 2 2 4', .: 2:00:00 PM 1 2 3 2:00:59 PM 1 2 3', 2:01:27 PM 2 1 3'+: 2:01:57 PM 3 2 5 2:02:06 PM 3 3 6 2:02:24 PM 4 2 r' 2:02:51 PM 3 2 5' 2:03:20 PM 3 2 5i 2:03:41 PM 2 1 3' 2:04:00 PM 3 0 3° 2:04:25 PM 3 0 3' 2:05:00 PM 3 2 5'`. 2:06:05 PM 3 2 5: 2:06:43 PM 2 2 4 2`.07:16 PM 2 1 3' 2:07:50 PM 2 0 2 2:08:25 PM 2 2_ 4 2:08:50 PM 3 2 5 2:09:46 PM 4 1 5'- 2:10:10 PM 4 3 7 2:10:36 PM 5 3 8 2:10:48 PM 4 3 7` 2:11:05 PM 4 4 fs', 2:12:04 PM 3 4 _7_ Saturday Queue Orange Raising Cane's Date: 8/18/2018 Day: Saturday 7:OOPM - 9:30 PM Arrival Time Pick-up to Behind Order Total Order Board Board 3 10 133 9:07:49 PM 9:08:16 PM 2 9 17 9:08:49 PM 3 $ 11 9:08:59 PM 2 7 9:10:01 PM 3 8 9:10:18 PM 2 8 : 0 9:10:40 PM 2 79 9:11:12 PM 2 7 9 9:11:28 PM 3 71,0' 9:12:47 PM 3 6 ;„ 9 9:13:26 PM 2 6 9:13:51 PM 3 5 9:14:40 PM 3 4 9:15:01 PM 2 5 T, 9:15:24 PM 3 6 9:16:04 PM 2 6 ` 9:16:33 PM 1 8 9 ? 9:17:09 PM 0 8 8 1, 9:17:45 PM 1 7 S 9:18:33 PM 1 6 9:19:02 PM 2 5 7 9:19:20 PM_ 1 5 6 ,. 9:20:01 PM 2 5 2 9:20:29 PM 3 4 ?_':: 9:21:21 PM 3 S 9:21:29 PM 25 9:21:38 PM 2 6 8 9:21:48 PM 1 7 9:22:40 PM 2 8 to, 9:23:36 PM 1 8 9 9:23:50 PM 2 7 9 9:24:04 PM 2 7 9 9:24:22 PM 2 8 10 9:24:41 PM 3 9 12 9:25:08 PM 3 11 14 9:25:17 PM 3 12 15 9:25:29 PM` 2 11 13 P 9:25:47 PM 2 10 12- 9:26:06 PM 1 9 1.0 9:26:44 PM O 10 10: 9:26:58 PM 2 9 11 9:27:43 PM 2 8 10 9:28:28 PM 2 7 9 9:29:10 PM 2 8 10' 9:30:44 PM 2 8 i0 r Project: 18-1161 City: Orange 12:00PM-2:30PM Saturday Queue Orange Raising Cane's Date: 8/18/2018 Day: Saturday 7:OOPM - 9:30 PM Arrival Time Pick-up to Behind Order' Total Order Board ,Board ATTACHMENT B ITE QUEUING CALCULATION WORKSHEETS DRIVE-THROUGH QUEUING ANALYSIS Project. Raising Cane's Restaurant Location: Southern Corner of Baldwin Park Boulevard and Francisquito Avenue, Baldwin Park INPUT VALUES J Muir. A = average number of vehicle arrivals per hour 1 79 S = service rate, number of vehicles per hour87 1= traffic intensity, utilization factor = A/S 0.91 Q = queue capacity (vehicles) 19 FORMULAS Average Length of Queue Avg Q = A 2 / S(S-A) = 12 / 1-I 8.67 Probability of Q Number of Vehicles in Queue P(Q) _ (1) "(1-1) 1.43% Probability of Queue Exceeding Q Vehicles �Q=aP(Q) >_ 0.95 13.72% o=o 1 For a worst-case analysis, the peak arrival rate observed at the Orange Raising Cane's site is used here. Source; Institute of Transportation Engineers (ITE) Transportation Planning Handbook, 3rd Edition Baldwin Park Raising Cane's Kimley-Horn and Associates, Inc. Queuing Analysis STAFF REPORT TO: FROM: ITEM NO. I q Honorable Mayor and Members of the City Council Lourdes Morales, Chief Deputy City Clerk >1A DATE: July 17, 2019 SUBJECT: Review of Commission Applications and Consideration of Appointments/Reappointments to Fill the Scheduled Vacancies for the Housing, Planning, and Recreation Commissions SUMMARY This report requests that the City Council review applicants and appoint/reappoint commissioners to the Housing, Planning, and Recreation Commissions. RECOMMENDATION Staff recommends City Council review all commission applications and make respective appointments. BACKGROUND A Public Notice of Vacancy was posted in accordance with Government Code Section 54973 and Baldwin Park Municipal Code Chapter 32. At the request of the City Council, the following items are now incorporated with the commission application process and included with this report: ➢ Residency verification requirement for each applicant (via review of a driver's license and a current utility bill). Said documentation is on file in the City Clerk's office PLANNING COMMISSION The Planning Commission consists of five (5) members appointed to a two-year term on a staggered basis. Terms have expired June 30, 2018 for Planning Commissioners Christopher Saenz (Office No.3), Mariel Marcel Jr. (Office No. 4), and Edith Flores (Office No.5) The following persons have requested consideration of appointment to the Planning Commission: 3 open seats Office Nos. 3,4, & 5 — Terms to June 30, 2020 Incumbent Commission Applicants New Applicants Mariel Marcel Jr. Marlen Garcia Edith Flores Ruiz Christopher Garrido Christopher Saenz Nancy Lozano RECREATION COMMISSION The Recreation Commission consists of a total of eight (8) members, five (5) of which are appointed to a two-year term on a staggered basis and three (3) members shall be students serving a one-year term. Terms will expired June 30, 2019 for Recreation Commissioners), Deanna Coronado Robles (Office No. 2), and Jo Ann Watkins (Office No. 40) and seats #1, #3 and #4 are currently vacant. The additional student vacancies have not been filled due to student turnover. The following persons have requested consideration of appointment to the Recreation Commission: 3 open seats Office No's. 1,2,3,4, & 5 — Terms to June 30, 2021 Incumbent Commission Applicants New Applicants Jo Ann Watkins Cecilia Bernal Deanna Coronado Robles Deborah Ann Dow N/A (1 student from Sierra Vista) Maria Guadalupe Fajardo Ralph Galvan Marlen Garcia Stephany Najarro 3 open seats Student Office No's. 6, 7, and 8 — Terms to June 30, 2020 Incumbent Commission Applicants New Applicants N/A (1 student from Baldwin Park High) Herman Cortez (Baldwin Park High) N/A (1 student from North Park High) Kendra Nguyen (Baldwin Park High) N/A (1 student from Sierra Vista) Housing Commission The Housing Commission consists of a total of seven (7) members appointed to varied terms in accordance with Municipal Code Chapter 32.22. Vacancies have not been filled due to lack of applicants. The following persons have requested consideration of appointment to the Housing Commission: 7 open seats Office No's. 1,2,3,4, & 5 — Terms to June 30, 2020-2023 Incumbent Commission Applicants New Applicants N/A Susan Cervantes LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ATTACHMENTS 1. Exhibit "A" — Commission Application 2. Exhibit "B" — Roster of Commission Members Exhibit "A" Commission Application RECEIVED PLEASE ATTACH A CITY OF BALDWIN PARK DEG 19 20M CURRENT COPY OF APPLICATION FOR CITY COMMISSION A U.TILlTY BILL AND tyYTY OF BALDWIN PARK A COPY OF YOUR And CI:'t'YCLeWS 01PARTMNT PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: Housing Commission Ase arate application Is re ulred for each commission)' PERSONAL INFORMATION: Name Susan Cervantes Residence Address Length of time at this Address: 3 E -mall address; Home Phone No. Cell/Message Phone No. Are you 18 years of age or older? YOS Are you registered to vote in the City of Baldwin Park? yes Do you currently serve as an elected or appointed official for any board and/or agenoy within the City of Baldwin Park? no If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 6 0 7 8 9 10 11 12 High School Graduate? _ G.E.D.? ✓ Name and Location of Colleae or University Rio Hondo College Business Administration no Rio Hondo College I Business Administration no EMPLOYMENT INFORMATION / EXPERIENCE; REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Home Address . Ehgao No. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatio bar to appointment. Each case Is considered on Its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATlON?n0 if yes, Please Its( all offenses, date and place of offenae(a), and senteneelfine received: ACKNOWLEDGEMENTICERTIFICATIONt I understand that upon filing, this application becomes a public record. I codify under penalty of perjury under the laws of the state of California that the foreoofng Is true and correct. Gate Signature .. .� ! i; }: f;;? ..:7l:ee :T'i �;.: m",.y,,.}'r�'t.l....t . .. r• . ot'.W e' alow:.Is'EIrtQ.�K��6i�`.-' 1 .t�.S:id'i. ..:::-.::r-%: �<{=fx Residency verification: ❑ Yes ❑ No Date: Voter Registration. Verification: ❑ Yes ❑ No Residency verificalion: ❑ Yes ❑ No Date: Appointment date; Residencyverification: ❑ Yes ❑ No Data: Tat -in Tres: Name and Address of Egl�,gy��(s) Excellence Vision Real Estate Real Estate Consultant Assoc October 2018 to present Excellence Vision Real Estate Real Estate Consultant Assoc! F� October 20'i8 to present F� Name Susan Cervantes Commission Requested: Housing Commission Date: STATEMENT OF (,QUALIFICATIONS: Use this space to list your goals and oblectivea and why you feel you should be appointed to the commission for which you are applying. Please include any additional Information you feel will be beneficial to the Council in consideration of your appointment to this commission. I have been a resident of the City of Baldwin Park since 2008. My children have gone to schools here, my son is in the process of being a substitute teacher for the BPSD. With that said, my goal is to help my community actively help seek solutions for affordable housing. As a realtor I would love to see home ownership grow in my community; as we know that has a direct impact in growth. Not only does pride of ownership grows but it brings more business to our community. I have been In the restaurant management business since my early 20's. This gives me the ability to seek out solutions that best produce results and financially makes sense to the bottom line. My background In real estate connects me with resources and that can help bring a new light and ideas to assist our community with changes and solutions that bring growth. I am committed to this city as this is what I call home. Being able to help others call it home would be a very humbling and personal goal. Signature Notice: Please be advised that you and your quallllcatlons may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideratlon of appointment,, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment, Failure to provide current proof of residency with each recruitment will invalidate this appllcatlon, RECEIVED .PLEASE-Arr�A Fi A CITY OF BALDWIN PARK c.uRRnIT toPY a>; JUN APPLICATION FOR CITY COMMISSION �. �� A.IJTI JTl(:IiEL-1 A GS?I?Y OI5 Y04JR= And CITY OF BALDWIN PARK STATEMENT OF QUALIFICATIONS CITY CLERKS DePARTMENT APPLICATION IS FOR THE FOLLOWING COMMISSION: ^---► �! 1lw t 011 ARA each commission) _ PERSONAL INFORMATION: Name 0 -AW l5, -2 t Kms-- Residence Address Length of time at this Address: E-mail address:,_ Home Phone No, Cell/Message Phone No.: _ Are you 18 years of age or older? / Are you registered to vote In the City of Baldwin Park? Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? If yes, name of agency and posftion: PL kra m04 t,-. EDUCATION: Circle Highest grade you completed: 1 2 3 4 6 B 7 8 9 10 11 12 High School Graduate? i�-J— G.E.D.? EMPLOYMENT INFORMATION i EXPERIENCE: Name and Addle s qf Employed U REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and Who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case is considered on Its InclMdual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? &6 If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOW LED GEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record. I cerlify under penalty of edury under the laws of the State of California that the foregoing Is true and it — k"(- i Date Signa ure Residency verification: Cl Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date: Residency verifsoation: ❑ Yes 0 No Date: Term !gires: Name C Flet-ts `•N)eKor'-- Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. e Date., Sign Notice. Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included In the pool of applicants provided however, that you submit current proof of residency at the time of said reoruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. Christopher Saenz Honorable Mayor and City Council City of Baldwin Park 14403 E Pacific Avenue Baldwin Park CA 9.706 Honorable Mayor and City Council: Having had the pleasure to serve the City Council and Planning Division as a Planning Commissioner for the past several months, I once again submit my application for consideration for the reappointment to the Planning Commission. studying and receiving my undergraduate degree from a research university has certainly afforded me the resources and experience to research, deliberate, and ultimately reach an impartial and sound decision. These tools have allowed me to work cohesively with the Planning Commission over the past several months to further promote and advance projects that will benefit Baldwin Park and its residents. It is my goal to continue serving on the Planning Commission, working in tandem with the City Council and the community, to continue making Baldwin Park beautiful for our future generations, R ega n, Christopher Saenz RECEIVED P..A'S.:ATTAGHA..: CITY OF BALDWIN PARK C.vaRr"nlr . RY t?F:. APPLICATION FOR CITY COMMISSION JUN 28''2018 A.'.liTli l'rY . 14L ;AMD And -600Y.1-60 OTo:. oU' STATEMENT OF QUALIFICATIONS CITY OF sngawrry PARK APPLICATION IS FOR THE FOLLOWING COMMISSION: ----- --- ► Planning Commission IAL INFORMATION: Edith Flares Ruiz Residence Address Length of time at this Address: 1 2yrs E-mail address: Home Phone No. 1.7I cell/Message Phone No.626-340-9608 Are you I years of age or older? Yes Are you registered to vote In the city of Baldwin Park? Yes Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? NO If yes, name of agency and position: Ci EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 ti 7 8 9 10 11 12 High School Graduate? _ G.E.D.? Cal State University, Los Angeles Civil Engineering tvo Cal State University, Los Angeles Civil Engineering jNo EMPLOYMENT INFORMATION I EXPERIENCE: FIN e o r CrosbyTave Consultants oston Titlee Project Planner Of February 2018 - Present CrosbyTave Consultants Project Planner February 2018 - Present REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park ©ectad or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviotion Is not an automatic bar to appointment. Each case is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? O if yes, Please list all offenses, date and place of offense(s), and sentencelfine received: ACKNOW LEDG EMENTICERTIFICATION: I understand that upon filing, thla application becomes a public record. I earthy under penally of perjury under the laws of the State of CahforNa that the foregoing Is true and correct . Date Signature °s`' '',` `bQ'NfQ' j(#r3'Beloyirlhlst i:It1 t�C'i�/'laffe% Residency verification: ❑ Yes ❑ No Date: Voter Reglad-stion VeArloation: ❑ Yes ❑ No Resideney verification: ❑ Yea ❑ No Data: Appointment date: Residency verification' 0 Yes 11 No Date: Term expires: Name i -rt �F, i2 to i Z Commission Requested: � � '� ap-PtL 5(op SJATEMENT OF QUALIFIG T10NS: Use this space to list your goals and objective$ and why you feet you .should be appointed to the commission for which you are applying. Please include any additional Information you feel will be beneficial to the Council In consideration of your appointment to this commission, M y & of=k L,5 o 6j-.FGTc V,5 5 t "f a 15 OE 0 E 6A t -Z7 w (P Pry !C 6; CO � U-9 Z LL- L b Lb � .' n v,.) t~ � C. . Date:_.�to LZ g [ Signature Notice: Please be advised that you and your qualifications maybe discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment, f=ailure to provide current proof of residency with each recruitment will Invalidate this application. a is s fk N'n -- � .' n v,.) t~ � C. . Date:_.�to LZ g [ Signature Notice: Please be advised that you and your qualifications maybe discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment, f=ailure to provide current proof of residency with each recruitment will Invalidate this application. RECEIVED P4.EASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF APPLICATION FOR CITY COMMISSION JUN 28 BIB A UTILITY RILL AND And A COPY OF YOUR PHOTO ID STATEMENT OF QUALIFICATIONS tr1171YOf1iAt.0 MPARK APPLICATION IS FOR THE FOLLOWING COMMISSION:L.r.�I�� t� . commission) . PERSONAL INFORMATION: Name �t'z..a p 1%�W>~•-1 �1.,. Residence Length of time at this Address: ` z_ E-mail address;_, cy� •-t+ `�' Home Phone No. Ceil/Message Phone No. - • _ Are you 18 years of age or older? Are you registered to vote in the City of Baldwin Park?' Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? if yes, name of agency and position: PI.Pr+ t'•t li.,►C., C� �s�•�x�st:t� EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 eW High School Graduate? - G.E.D.? INFORMATION / EXPERIENCE: Jpat'>p- 71t::t S.- —^ REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character, A - IMPORTANT: Dead the following carefully and answer completely. A conviction is not an automallo bar to appointment. Each case is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and place of offense(a), and sentence/flflne received: r ACKNOWLEDOEMENT)C 01FICATION: 1 understand that upon filing, this application becomes a public reoord. I certify under penalty of perjury under the laws of the state of California that the foregoing Is true and correct. Data Signature ..... :, ./y: '-Y".':. • . �.,: ;�'i.. .�,' a �,,�. .. �} �'} '![ ¢yf,�1 .'ay4..•v ,�,.5;,t1 "r•{'• k•`1.\:L'L ,,��: .1�' -!b_^ .,. •j;�x iF..i.i C:•:�L' i x: •1714. '!? �S��TtJL!1, l i ,� S .a�.. 3i,`it< Residoncy vorification: Cl Yes ❑ No Date: Voter Registration Verification: O Yes ❑ No Residency verification: ❑ Yos i] No Dato; Appointment date: verification: i] Yes Q No Term M Name �-� �`G `�G\tt.�C� C Commission Requested:_ STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional Information you feel will be beneficial to the Council In consideration of your appointment to this commission. �i✓'��11G� 'a't,-� L°f�„f...t�r"`ulv�-�y _' 'i r,�'�- .�,� '°G' i Signature Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting, This Application and Statement of QuaNflcation will be kept on file for two (2) years. During this time, should a vacancy occur in Me commission for which you have requested consideration of appointment, your appilcaflon will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this applic�tlon. RECEIVED Ptrq:r?`r'H;A'' CITY OF BALDWIN PARK JANISM .`,GlI�tREi!I.7.;•CrpY``''` APPLICATION FOR CITY COMMISSION A`if'F.CG.1.TYi' It G AND'.,And CM01713ALIVINPARK A� HpTo:o' STATEMENT OF QUALIFICATIONS ci vt l a P� APPLICATION IS FOR THE FOLLOWING COMMISSION: ---► Planning PERSONAL INFORMATION: Name Marlen Garcia Residence Address, Length of time at this Address: 20 yrs E-mail address: Home Phone No. None Cell/Message Phone No.,: Are you 18 years of age or older? Yes Are you registered to vote in the City of Baldwin Park? YeS Do you currently serve as an elected or appointed official for any board andfor agency within the City of Baldwin Park? If. -a name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12High School Graduate? �_ G.E.D. ? P�e7Yrta��_ `�cGi�?�.Q©�rrP e, Business Administration No Business Administration lNo EMPLOYMENT INFORMATION 1 EXPERIENCE; No me sof i 5'7c��,MFC. loll Uwj Position Title p an x , 6, P,, Cly l V--�-• _ REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer oomlowety. A conviction Is not an automatic bar to appointment. Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? O if yes, Please flat all offenses, date and place of offense(s), and sentence/fine received: NJA ACKNOWLE OGEMENTICERTIFICATION: I understand chat upon flflng, this application becomes a public rocord. I oerft under penalty of perjury under the laws of the State of catlfomla that the foregoing Is tr d correct. L� D e Signature o 'Oi U e:Onl bo Not•Wrtte Be 3his- Residency vcritication: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No pate:,_ Appointment date: Residency verification: ❑ Yes ❑ NO Date: _ 'Perm expires: Name Marlen Garcia Commission Requested: Planning 8TATEMEK OF QUALIFICATIONS: Use this space to flat your goals and objectives and why you feel you should be appointed to the commission for which you are applying, Please Include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. Having served on the Baldwin Park City Council as elected Council Member from 1999 to 2014,1 possess extensive experience in the planning of our city and understand well the needs of our community. I want to invest this knowledge and experience into constructive use and continue the path of Improving our city. I have extensive experiencl in land use criteria and policy, conditional use permits, the City of Baldwin Park General Plan and many other important facets of community planning. I am a property owner In the City of Baldwin Park, I have raised two (2) children who attended BPUSD and I work In the city. I know the importance of a safe and liveable community and my goal, if selected as a Planning Commissioner, is to continue to evolve Baldwin Park into a thriving city. -- Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kepton file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your applloahbn will be included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. CITY OF 13ALDWIN PARK c13coiYo>~; APPLICATION FOR CITY COMMISSION A UTE 1'1�f`14>hAN: ': And :::•:: tar�QXos:::: . ,: STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: f PY1Y1I Vl RECEIVED JAN 2 9 2010 CITY OF 6ALRWiN PARK CITY CLERKS DPPARTMENT CUvnm t S 514Y1 PERSONAL INFORMATION: Name �ih Sph'✓` Cir�Y'+�� Residence Address-- Length of time at this Address: 1A 15 E -malt address: r, ~ iJ•• v Home Phone No. N%A CeII/Message Phone No. Are you 18 years of age or older? _ Are you registered to vote In the City of Baldwin Par'? -4N _. Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? Y\0 If yes, name of agency and position: EDUCATION; Hi ��-} D E ? Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 t✓ gh School Graduate? _�t) I )Grt C,-,1 Dv^,'tr.�. �/'.fNl� � p{1fD�t LU 1�0 t I ts•�% �iGlS�t''� EMPLOYMENT INFORMATION / EXPERIENCE: REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment, Each case is considered on its individual merits. J� f jy HAVE YOU EVER RLEN CONVICTED OF A FELONY OR Mf ISOEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? if yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOW LEDGEMENTJCE#ITIFIGAWN: I underetand1hat u i irk, this a on becomes a public reoord. I certify „ndar nwnah �f ury eGt awe of 8%te of callomle that the foregoing Is true Date hSig ;'�a?� ,t.:fii<.jT•+9•. .. .1 ..��5i:'� ,�w!y,;•�, v4 ini�j fli'ti .w Residency verification: ❑ Yes ❑ No Date: Residency verification: ❑ Yes ❑ No Date: Voter Regi"Jon Verification: ❑ Yes ❑ No Appointment date: ❑ Yes ❑ No Data: TOM Flame � � Commission Requested; STATEMENT OF QUALIFICATION Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. S �FA 6' � G 1 //-gate.. 0 � / / Signature Notice: Please be advised that you and your qualifications. may be discussed by the City Council at an open meeting. This Applicailon and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your appllcation will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. i In applying for this commission first and foremost I feel that It would be a privilege to serve the great city of Baldwin Park. As a Planning Commissioner there is a responsibility to be a representative to the people. My goals as a Planning Commissioner would be to serve with tact and diplomacy. To listen, learn, and be mindful in any decisions being made. To work with my fellow Planning Commissioners to ensure a balanced and decisive group that has the best interest of the Community at heart. If appointed I would like to take this two-year term to help create and carry out policies regarding the physical development of the city of Baldwin Park. A • 1 Date: 01129/2019 Christopher F. Garrido RECEIVED P►$►!G►.: CITY OF' BALDWIN PARK 1- R vrr.c t x'o APPLICATION FOR CITY COMMISSION JUN 16 2018 And CITY OF BALDWIN PARK STATEMENT OF QUALIFICATIONS 0 APPLICATION IS FOR THE FOLLOWING COMMISSION:---��-�--�s'- Residence Address ''� LL Length of lime at this Address_y7 E-mail address:_ I Home Phone No. ColUMessage Phone No. Are you 18 years of age or older? Ara you registered to vote In the City of Baldwin Park? Do you currently serve as an elected or appolnt otilcial for a y board ndlor agency within the ty of Baldwin Park? If yes, name of agency and position: �t'i %fes+�� AgYA EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 8 7 8 9 10 1160High School Graduate? G.E.d.?, EMPLOYMENT INFORMATION t EXPERIENCE: REFERENCES: Please provide the names of two (®) persons, who are not City of Baldwin Pads Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely, A conviction Is not an automatio bar to appokttmenL Each case 18 considered on Ito individual merits. 't HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, Please list all offenses, date and plates of offense(s), and sentence/fine received: ACKNOWLEDGEMENTICF-RTIFICATION: I understand that upon filing, this ep"astlon becomes a publlo record. I osrMy under penalty of perjury underlhe laws of the State of California that the foregoing Is true and correct, -n Date Residency verification: ❑ Yes ❑ No Date: voter Registration Verification: ❑ Yoe ❑ No Residency varifioation: © Yes ❑ No Aute: Appointatentditto; Residency verification: ❑ Yea 0 No Date:.�_ Term mires: -- — use this space to list your goals and objectives and why you feel you shWid be appointed to the commisston for whloh you are applying. Please include any additional Information you feel wilt be beneflolal to thA Gounotl In consideration of your appointment to this commIg". I have lived in Baldwin Park for 63 years. My. parents moved here in 19511 was 9 months old. I grow up here with parents that served the City in many different positions. I helped them with many events and saw just how important it was to be activity in your City. 1 went to Center Elementary, Jones Junior High and Baldwin Park High School. My children and three of my grandchildren have gone to school in Baldwin Park. I served on the PTA at Geddes School for 4 years and two years as council president. I volunteered for the Service Council for many years here in Baldwin Park, I serve as the director of the Special Needs Class at Faith Community Church since 1994. I helped my husband to run all the big outreach projects such as Harvest Fest, Easter, Winter and Fourth of July outreach at Faith Community Church for 12 years. I worked for Baldwin Park School District for 26 year as a Special Education Aide, and a Preschool. Teacher. While working full time I went to Citrus College and got my AA. I retired from. Baldwin Park School District in 2010. I have severed as Recreation and Community Service Commissioner for the past five years and would love to continue severing the city. �.�—.--- 81gna Notice. Please be advised that you and your quallfjcations maybe discussed by the City Council at an open meeting. This Application and Statement of Quallflaation will be kept on file for two (2) Years- During this time, should a vacancy ocour in the commisslon for which you have requested consideration of eppolntment, yotrr'appiketlon WO be included In the pool of sppflcants provided. however, that you submit cummni proof of residency at the time of sold romitment. Failure to, provide current proof of residency with each rscmyment will invalldatde this application. RECEIVED ri.I;EAs ATTACH A''; CITY OF BALDWIN PARK JUL 0 2 2010 truRR Y;B BILL, .; APPLICATION FOR CITY COMMISSION A t1Tli»ITY°t31LL.AND And, CITY OF DAI.QWIN PARK A COPY:oF;YWR,; CITY CLERKS 00PARTMIMT PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION:Recreation/Community SerVf`Cf- IA sevarato aapllcaflon Is required for each commission Name Jesus Emanuel Rodriguez Residence Address - Length of time at this Address:4Years E -mall address: -- ....... �v Home Phone No. Cel!/Message Phone No. Are you 18 years of age or older? Yes Are you registered to vote In the City of Baldwin Park? Yes Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? it~$ If yes, name of agency and position: Recreation and Comm --444 EDUCATION;�� Circle Highest grade you completed: 1 2 3 4 6 6 7 8 9 10 11 12 High School Graduate? —1. �...I A.E.D.? California Department of Insurance Resident Personal Lines Broker -Agan California Department of Insurance Resident Personal Lines Broker -Ager EMPLOYMENT INFORMATION / EXPERIENCE: Name and Address of Uifter(g) Auto International Insurance Position Title Insurance Agent -rmoloymcnit 09/20/2017 - Present Auto International Insurance Insurance Agent 09/20/2017 - Present REFERENCES: Please provide the names of two (@) persona, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic barto appointment. Each case Is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? o If yes, Please list all offenses, date and place of offenses), and sentenceltlne received: ACKNOWLE DGEM IcNT/CERTIFICATION: I understand th pon flitt �qq IN licatton becomes a public record. I certify under pen perjur�.Qn¢ler t a f the State of California that the foregoing Is Uwe and act. // Residency verification: ❑ 'Yes ❑ No Date: Voter RegiWaiion Verification: ❑ Yes DNo Residency verification: ❑ Yes ❑ No Date: ,Appointment date: Residency verification: 0 Yes ❑ No Date: Term expires: Name Jesus Emanuel Rodriguez Commisslon Requested: Recreation/Community SeN §STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for whioh you are applying. Please Include any additional information you feel will be beneflclal to the Council in consideration of your appointment to this commission; I currently serve in the Parks and Recreation Commission and I have had the absolute honor to be a part of the various committees that the commission Is a component of and positively impacts by raising funds for scholarships, and this way empowering our youth, future and proud product of our city. I was also able to participate In the Joint committee that allocates CDBG Funds into our community to help it grow and maintain In a positive and productive way. In my eagemess and constant pursue of community Involvement, fulfilling my civic duty and a way to give back to our city and constituents, I am requesting to be considered and reappointed back to this.commission, as it will allow me to put my grain of sand Into our growing community. I'd like to thank the Mayor and City Council to have these commissions open so that the common city resident can particlr In the growth of our city. Thank you Baldwin Park for allowing me to serve you in the least but honorable way. God Bless America. Date: -4�Z111 , Sig rs /Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualificatfon will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration oiappointment, your application will be included In the pool of applicants provided however, that you submit current proof of residency at the time of sald recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. PLEAS; ATTAGH A CITY OF BALDWIN PARK Aur-1�r'r,otY oD APPLICATION FOR CITY COMMISSION A:U7�.LI7`f Bll;I:ANp And `A•COp'1� OF•1!iSUR PROTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: --- 1A sanarata annilcatfon Is reaulred for each aommisslon)__ R, adl RECEIVED JAN 4 8109 Residence Address • � - - . Length of time at this Address: +„ E-mail address:_ Home Phone No. Cel[/Message Phone No, _ Are you 18 years of age or older? �" .,._ Are you registered to vote In the City of Baldwin Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? 1 17 If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 g 10 11 12 • Hlgh School Graduate? G•E D.? EMPLOYMENT INFORMATION I EXPERIENCE: Name and s E r kl k `� pooklon r t REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. Name Address Phone NQ. t —��V UCw1 V Ct.lr" IMPORTANT: Reed the following carefully and answer completely. A conviction Is not an automatic bar to appointment Each case Is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? �+ If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWl.ED0EMENTlCgRTl FICATIONt I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the State of Cal forme that the foregoing and core bate �Signature ! '1+'+a.% a i�.s. 'l�la 4N l 60! -e;l.'8• i� � �,iYY�. Residency verification: ❑ Yes 0 No Date :......... • Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes O No Date: Appointment date: 0 Yes ❑ No Date: Term :.11; 16. Name, b �� �F� ` CU Commission Requested:Rx,.a&L n C�lnnw�uv��f' STATEMENT OF QUALIFICATIONS Use this space to flat your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional information you feel will be beneficial to the Council In consideration of your appointment to this commission. I:,- fi� -h.e.. C.i G -SSV - awn Signature Notice: Please be advised that you and your qualifloatlons may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on rite for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your appilcation will be Included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment MY Invalidate this application. ��,8 ��`► tP �`C . Llf t,��Pib�i fi� �� �.. 1..�-t T y � Y% � �U lz @ � Signature Notice: Please be advised that you and your qualifloatlons may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on rite for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your appilcation will be Included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment MY Invalidate this application. RECEIVED -PLEASE:. ATTACH A CITY OF BALDWIN PARK CtjRRNT..COpYOF APPLICATION FOR CITY COMMISSION !AN 07 7011A UTIWTY.:SILI. ANP And A COPY'OF YOUR CIV OFBALDWI'N PI PHOTO Icy STATEMENT OF QUALIFICATIONS s PAl(11 APPLICATION IS FOR THE FOLLOWING COMMISSION: ereafIOH 01140 ef ie a nnarare annfication is reaulred for each COMMISslon Name__Jc+�^dl ir7 /1Yl � ^f n•r 'fes f Residence Address — Length of time at this Address: 31'90' E -mall address: _ 2 Home Phone Nod ._._._._. 'Cell/Message Phone No.,Y.�.. Are you 18 years of age or older? ' � Are you registered to vote In the City of Baldwin Park?• Lam"_. Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? _ . .. If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 A S 0 7 8 9 10 91 12 High, school Graduate? 31141110 CUM ��Q 12 Nee -of E, Carson r - lw 451.!`6eE � 1 rv)� l�f�'A it ►AA.... 68110,1". 16 oo� [.reg .4 emy%L l��'L en�l� EMPLOYMENT INFORMATION I EXPERIENCE, ,�.rrlB PePu - - & Ye . f ( (�i/�. �%plff A 101611$��' / It (Q"I v e [ v r r o P.11arles r9 -w ll I✓B13` ) �, 1Q f o9 .w.. p� U� .A, ,q,goa ��FEI FENCES: Please provide the names of two ��) persons, who aro not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. e g __ _ e No u 'Drl Del/it IMPORTANT: Read the following carefully and answer completely. A convloticn Is not an automatic bar to appointment. Each case Is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? If yes, please list all offenses, date and place of offense(s), and sentence/fine received: I� ACKNOW LEDQEMI:NTICERTIFICATION: I understand that upon tiling, this application becomes a public record. I certify under penally of perjury under the laws of the state of California that the foregoing Is true )and correcL Xzz" . 'Date SI nature 'C"iii"��'. :9 -.✓`;ii.r�, -ir q::; .'jS ti ,pt;( .+ h>, I't-It f A:RI�I `t;11Vrl a,Hloii+i; ' V�. Residency verification: 0. Yes Q No Date: Voter Registration Verification; Yes 11 No Residency verification: ❑ Yes O No Date; Appointment dole: Residency verification: 'Cl Yes El No Date: Term expires: f .i DECEIVED PLRA$9ATTACH A CITY OF BALDWIN PARK CURRENT COPY OF. APPLICATION FOR CITY COMMISSION JAPE 4 9 2019 A UTILITY BILI. ANU And A COPY OF YOUR Cny-0FSAl.t7WtNPARK PHOTO ID STATEMENT OF QUALIFICATIONSInb APPLICATION IS FOR THE FOLLOWING COMMISSION; (A separate adoplication Is required for each commisslon)-- PERSONAL INFORMATION: QQ Name 1-At�r�A vaC�d ua rc Residence Address - — Length of time at this Address: aVda E-mail address:—' Home Phone No. CelitMessage Phone No, - Are you 18 years of age or older? kILS Are you registered to vote In the City of Baldwin Perk? V_ Do you currently serve as an elected or appointed official for any board and/or agency withln the City of Baldwin Park? If yes, name of agency and position: EDUCATION; Circle Highest grade you completed; 1 2 3 d 6 a 7 8 S 10 11 12 High School Graduate? �_ G.E•0 7 EMPLOYMENT INFORMATION / EXPERIENCE: REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case is considered on Its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOI.ATIWN?_Nth e/tine received: If yea, Please list all offenses, date and place of offense(s), and sentenc ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penalty of perjury under the laws of the stale of California that the foregoing Is true -and correct. 01/0 S�Xzil q pates! Signature `�O, ; ;� ,' f'� ° rz tsT of 11Vift"�Helow t .t+�i t� /residency verification: ElYes ElNo Date: Voter Registration Verificatlon: El Y68 El No Residoncy Yodfrcation: ❑ Yos ❑ No Date:Appointment data: Residency verifioation: ❑ Yes 0 No Date; Term expires: CITY OF BALDWIN PARD RECEIVED APPLICATION FOR nCITY COMMISSION NOV 8 8 ZOIB STATEMENT OF QUALIFICATION APPLICATION IS FOR THE FOLLOWING COMMISSION:---�tGrrah��`UYnminwl� ra sPnarata anniication is required for a_6�Fd ac_ commission Name Residence Address Ir , w�' ,. .• _ Length of time at this Address: I --mall address:_ Home Phone No. Cell/Message Phone No._ Are you 18 years of age or older? C Are you registered to vote in the City of Baldwin Park? e5 Do you currently serve as an elected or appointed o0lolal for any board and/or agency within the City of Baldwin Park? 4_ If yes, name of agency and position: EDUCATION; Circle Highest grade You completed: 1 2 3 4 6 6 7 8 9 10 11 dD High School Graduate? 4.E.D.7 �� _ EMPLOYMENT INFORMATION / EXPERIENCE, 9f 601440 vafjr" RPuflq' o f (VAT4,fill , Pacl�ri ltda> bnkd�i�l �c�rl� CA, gnuv tit lreb tAAj6t1 L -ea Jet 0 pediecihbn Lead,(( 0 REFERENCES: Please provide the names of two .can comment on your capabilities and character. 10 - D5101,5 00/1000= 01-4010. L010. (�) persons, who are not City of Baldwin Park Elected or Appointed Officials and who IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case Is considered on Its Indlvldual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A'MINOR TRAFFIC VIOLI0.TigN? D if yes, Please flat all offenses, date and place of offense(s), and sentance/flne received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon tiling, this application becomes a public record. I certify under penalty of perjury undor the laws of the State of California that the foregoing Is true and correct. �- Date Signature •F?'t'•{.a.u,,;.a:••a:�;t'',> :..r';:;•;�• �a„.;ni . •s :.T U. :L �1�t •p' .F .i��/:n,'y.."•�``i.-°,tp'�n: ;�:xi.•:':`qs:a:•i:•i�.tTa':_r•.y��,'+�}7.V: :. -t5 :. Residency verification: ❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification; ❑ Yes n No Date: Appointment date: Rosidencv verification; 0 Yes 0 No Date; To law Name](( _ Commission Requested:b"IoVI y°rn�i�1 �"N RA u�+mm� STT EME T OF QUALIFICATIONS; Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional -Information you feel will be beneficial to the Council in consideratlon of your appointment to this commission. VWX la a A&� emw� -1aM� JOA, Date: � �� Z �• Z� (U W signature Notice; Please be advised that you and your qualifications may be discussed by the City Councll at an open meeting. This Application and Statement of Qualrfloation will be kept on file for two (2) years. During this time, should a vacanoy occur in the commission for which you have requested consideration of appointment, your application will be included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. Name: Ralah Galvan Commission Requested: Recreation ?& Community Servlces_ Statement of Qualiflcatiorns To the Honorable Mayor and members of the City Council, I Ralph Galvan 27 year resident of Baldwin Park, I am writing this letter of Intent for the Commissioner position on the Recreation and Community Services Commission. Having previously served as a Planning Commissioner on the Planning Commission and as Student Commissioner representing Baldwin Park High School on the Recreation and Community Services Commission. I have done a great job along with other commissioners on both Commissions. I would like to continue to serve my community and once again serve on the Recreation and Community Services Commission. I consider myself to be a community leader who is passionate about the betterment of our city. My goal and objective would be to support our Recreation and Community Services Department and work together with the commission, Staff, City Council and Mayor to move our city forward with city parks and programs we offer the residents and visitors whom live and play in Baldwin Park. As a believer of Parks Make Life Better, working for Parks & Recreation for the City of Baldwin Park in Parks, Child Care and Reservations for 5 years. Working for the City of EI Monte In Parks and Aquatics for 1 year. Working for the City of Pico Rivera in organizing and running the Special Events for the City and supervising the Senior Citizen Center for 3 years. I volunteer my time for the American Red Cross and the American Cancer Society Relay for Life. 1, enjoy traveling and attending Community Events & Special Events. I am In the Financial Industry with Primerica Financial Services. I would work and do my best on any commission the Mayor and City Council would like to place me on, I would like to thank you for your time and consideration of my application. Respectfully yours, Ralph Galvan RECEIVED CHA CITY OF BALDWIN PARK SANIV 0 cu,aNr`Av```APPLICATION FOR CITY COMMISSION q.'U TI1IT,Y.iL>:;'p�:a:: srrfYoa:eafAwrNl7ARK q ¢ PY QF 1fpUR And Cit CMK509PAMMp4fit' Ho'rs�la: STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: -----► Recreation & Cmnty, Svcs. PERSONAL INFORMATION: Name Marlen Garcia Residence Address Length of time at this Address: 20 yrs E-mail address: — Home Phone No. NIA Celixessage Phone No.( Are you 1 e years of age or older? Yes Are you registered to vote in the City of Baldwin Park? Yes Do you currently serve as an elected or appointed offlolal for any board and/or agency within the City of Badwin Park? No If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 6 6 7 e 9 10 110 High School Graduate? _= Q.E.D.? Business Administration INO C:�.�,t 1.�� /taoovfag it. vlrr�r/d1li ry PAS I Business Administration JNo EMPLOYMENT INFORMATION f EXPERIENCE: REFERENCES: Please provkle the names of two (0) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?- 0 — If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: KI/A N/A AC KNOWLEDOEMENT/CERTIFICATION: I understand that upon tiling, this application becomes a public record. I certify under penally of perjury under the laws of the f0allfornle that the foregoing Is t nd correct. 208 1A,�0, J A - 'I, Slartature Residency verification: f-! Yes ho _ Voter Registration Verification: ❑ Yes ❑ ND Residency verilication: ❑ Yes /pry /�Address ?1;�lw IMPORTANT: Read the following carefully and answer completely. A conviction Is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?- 0 — If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: KI/A N/A AC KNOWLEDOEMENT/CERTIFICATION: I understand that upon tiling, this application becomes a public record. I certify under penally of perjury under the laws of the f0allfornle that the foregoing Is t nd correct. 208 1A,�0, J A - 'I, Slartature Residency verification: f-! Yes ❑ No Date,, _ Voter Registration Verification: ❑ Yes ❑ ND Residency verilication: ❑ Yes ❑ No Date: Appointmont dale: Residency verification: 13 Yes ❑ No Date. Term expires Name Marlen Garcia Commission Requested: Recreation & Cmnty. Svcs. §TATEMENT OF QUALIELC-AjIONS Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Having served on the Recreation & Community Services Commission from 1993 to 1999, I believe I have extensive experience and knowledge to invest In the exceptional programs the City of Baldwin Park continues to provide. As a former Commissioner, I spearheaded the creation of the Baldwin Park Teen Center to address the Issues of our teen population and provide them with a positive outlet to seek help. During my tenure as Commissioner, I served as Chair of the Commission on several intervals and provided critical feedback and Input on the many exceptional programs that exist today. I am familiar with the the CDBG process and lead that process, advocating for the much needed social services to our on. Dater Signature Notice: Please be advised that you and your qualificatlons may be discussed by the City Council at an open meeting, This App#cation and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included In the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will Invalidate this application. Residence Address—�- Length of time at this Address: 20 yrs E -mall address: Home Phone No. N/A Cell/Message Phone No. Are you 18 years of age or older? Yes Are you registered to vote in the City of Baldwin Park? Yea Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? _No If yes, name of agency and pgaMon: EDUCATION: OED.? ✓ Circle Highest grade you completed: 1 2 $ 4 5 B 7 8 9 10 11 12 High School Graduate? , �✓ _ •- BA, Human Senrloes California State University, Dominguez Hills (CSUUH) Baldwin Park High School High School Diploma EMPLOYMENT INFORMATION / EXPERIENCE: Name and -Pd re s — Post -Mt. San Antonio Coll" all 10o N, Grand Ave Administrative Specialist 09/2018 -Present CSUDH/1000 E. Vitoria St, Catson CA 90747 Student Assistant Ill 0912019-08/2017 .REFERENCES: Please provide the names of two (@) persons, who are not Clay of Baldwin Park Elected or Appointed officials and who can comment on your capabilities and character. I phone No. Cruz Joe Jennum l IMPORTANT: Read the following carefully and anewer.completely. A convictlon is not an automatic bar to appointment. Each case Is considered on Its Individual merits, HAVE YOU EVER BEEN CONVICTED OF A FELONY OF .[,MI,qpEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?•1Q_ If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon 1114191, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing Is true and correct. _ Pias:aTracH:q CITY OF BALDWIN PARK Ck)R.RENT;C:OPY.OF,. p;U.TlI,.kTY;Ri�I».Na. APPLICATION FOR CITY COMMISSION w. 10 1010 - And STATEMENT OF QUALIFICATIONS Ctt},gpggtOwINPARK rr APPLICATION IS FOR THE FOLLOWING COMMISSION: Recreation & Community Services (A separate application is required for each commisslon} _ PER )NAI INFORMATION: K,.. -,s Stephany Najarro Residence Address—�- Length of time at this Address: 20 yrs E -mall address: Home Phone No. N/A Cell/Message Phone No. Are you 18 years of age or older? Yes Are you registered to vote in the City of Baldwin Park? Yea Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? _No If yes, name of agency and pgaMon: EDUCATION: OED.? ✓ Circle Highest grade you completed: 1 2 $ 4 5 B 7 8 9 10 11 12 High School Graduate? , �✓ _ •- BA, Human Senrloes California State University, Dominguez Hills (CSUUH) Baldwin Park High School High School Diploma EMPLOYMENT INFORMATION / EXPERIENCE: Name and -Pd re s — Post -Mt. San Antonio Coll" all 10o N, Grand Ave Administrative Specialist 09/2018 -Present CSUDH/1000 E. Vitoria St, Catson CA 90747 Student Assistant Ill 0912019-08/2017 .REFERENCES: Please provide the names of two (@) persons, who are not Clay of Baldwin Park Elected or Appointed officials and who can comment on your capabilities and character. I phone No. Cruz Joe Jennum l IMPORTANT: Read the following carefully and anewer.completely. A convictlon is not an automatic bar to appointment. Each case Is considered on Its Individual merits, HAVE YOU EVER BEEN CONVICTED OF A FELONY OF .[,MI,qpEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION?•1Q_ If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon 1114191, this application becomes a public record. I certify under penalty of perjury under the laws of the State of California that the foregoing Is true and correct. _ Name to ham Najarro Commission Requested: Recreation & Community Services STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please Include any additional Information you feel will be beneficial to the Council In consideration of your appointment to this commission. Address the need for Improved traffic signals near district schools to avoid collisions Teaming up with local organizations so that teens and local residents can participate in community service Exploring more recreational activities for residents to take advantage of such as yoga, walking clubs and child care I would like consideration for a spot In the Recreation & Community Services Commission so that I can , be an active a ant within my community, Si ce NO school i have been Involved with my community and i It has been an rewarding experience voluntearinc for Foster Elementary School and the Baldwin Park Llbrary, Despite my plan to pursue a university 30 miles away from my hometown, I strived to remain active at Baldwin . Park. I Interned at the California Mental Health Connection and was fortunate enough to leam about the resources available for. residents in need of counseling, parenting classes and access to basic needs like _ shelter and food. Upon graduating from college,.l worked for Baldwin Park Unified District as a Substitute Clerk"— In where I worked in the attendance office. In March, It will be a year working for Mt. San Antonio College. _ I am crateful for all the opportunities the city -of Baldwin Park has given me. I hope you consider this request.. Thank you very much. 481gna Notice: Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this appflcation. CITY OF BALDWIN PARK RECREATION/ COMMUNITY SERVICES STUDENT COMMISSION INFORMATION FORM Name of High School PEASONAL INFORMATION; [TO be completed by Student) Nama ff-hq� 6fie- Residence Address Age: Date of Birth; _ 03109 01- -Social security # r Home Phone No. N _— Message Phone No. E-mail address:-' - Grade; Graduation Year.d Name of Parent(s) or Guardians) Student lives with: v/1"t3oth Parents j j Mother [ ) Father [ ] Guardian Person to call in case of emergency: / ' Gfc I q Co (q -L Phone No.:_ � Date RK-EIVED i OTY OF DAKIWIN PARK t;,ii'Y CIARKO QPPAff*1'T-N 1 Appointment Date: lie -Appointment Date:_, _. Comments: . �—.- .—...._ cc: [ j Personnel Department [) Recreation Director [ j Recreation Secretary LETTER OF RECOMMENDATION_ Student's Name H-eirm4f) C6tr4e'Z Name of School 8+la wtr QAn-, 9� � Graduating Glass of �0 20 Home Address Home Phone_. Note to Principal; Please provide a written letter of recommendation for the above named student. cc,"",vo, ! 5 C-" `^Ir G,`! 41� Y4 . S;s�CstCb1nt_.1 1,11 �t1 cu �W ♦ Ct �tS C lel ✓hLtr VlG 1� LVIU17 c Cf r-6 nVA:I,,, C t� i un S� M1, l i i c6,}�Qr E 5 i i1Q:rL' 1 v Y___..1,�_—Cbl....- r � c) E?X•1!G C c s��lt.[ . '' ra f c^.� 'CSU t'-t'i P� c.c..! Y�� � � , i �!1 ✓� �rv.. l�e�,a"e���".� � C.O,n►Moril'�4l �;�wUI�S GGvv-,rn�',35c'c1Y� , Date; f nclp s Signature RECEIVED PLEASE ATTACH A CITY OF BALDWIN PARK CURRENT COPY OFDEC APPLICATION FOR, CITY COMMISSION 3 2U18 A UTILITY BILL AND A COPY VMC PHOTO ID STATEMENT And STATEMENT OF QUALIFICATIONS Crrvc°SKIDEP W ANT APPLICATION IS FOR THE FOLLOWING COMMISSION: --- 0 Ra'�'re4&i"t om & �°'"munilry rvrce,S (A separate application is required for each commisslon) PERSONAL INFORMATION: Name lC Ara, N44 v , Residence Address - Length of time at this Address: I jeA S Email address: I d P _._ V Home Phone No,� - Cellimessage Phone No. Are you 18 years of age or older? we, Are you registered to vote in the City of Baldwin Park? No Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? N'r' if yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 ti 6 7 8 9 10(B) 12 High School Graduate? G.E.D,? EMPLOYMENT INFORMATION f EXPERIENCE,, REFERENCES: Please provide the names of two (@) persons, who are not,City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely, A conviction Is not an autormadc bar to appointment, Each case Is considered on its Individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? V If yes, Please list all offenses, date and place of offense(s), and sentenoeffine received: _.. i ACKNOWLEDGEMENT/CERTIFICATION: I understand that upon filing, this application becomes a public record. I certify under penally of pe jury under the laws of the State of California that the foregoing••, is true and correct. I1/ 26/l$ • . Data Signature _ _ `.;•.4'_�v r.•: y .��°N�4'Y.Y 4IlGi PSsI�. �.1�a.iLl� 'n2 S OtYi { .�r�1G?.� •1•• �,u•.,''��Kl"':>ti»r: ..Six5n •lIC!vla:Fa..�✓r.•£ :.'.T�•' •t^,.'ii Residency verification: ❑ Yes ❑^No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment dater vorification: ❑ Yes ❑ No Oats: Tann f eo"� " CommissionRequested: cx, NAVY" eqRes.�^�a�ior, � �o►nf»vn� S¢rvi<ey Name,IC� �. STATEMENT of uALI IC TIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional Information you feel will be beneficial to the Council In consideration of your appointment to this commission. :, ..� ., M ■ .Z T. Ur _JI. i• ` r' fes._ / .� r IY` J I.ToWn MIME? .1 son $pr•►yiCp� wi � to �'i1a- G o h� m r. � tf�y • �• d rw %.e,.f �_r • rd loa�r'4 s t'iv�.r►"�' w 24 o4 6l 2e "S 3c,'&41,W— r. Z ... 1—+}�{-le Ta1cTa I'u6tiG Libnar•T�."r••a %c.ndi lave dor ".• • ice. !� /L i ti ► �v 1 2S, a.5 I�rwa�`1a¢eM d.o'In.g �N rr,y t�lv . um svlo r{h a•V 111'tan1 *.�0-M promo+" mento•1 Ith a4-6vArP >tvd�t�i r r.�. h=.Lq^ed.hl fgPLAi � Q� i� 6 p `Y'F'F.Y��•4�• •`a ` ,.F Date: 9 signture Notice; Please be advised that you and your qualifications may be discussed by the City Council at an open meeting. This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time I` of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application, RFAED .'pLxASE.AT.TACH iA.. CITY OF BALDWIN PARK MAR 212019 CURKNT:CO.PY.oF A UTILITY HILL,.ANP. APPLICATION FOR CITY COMMISSION C"Yof rAWWJNPARK A COPY OF YOUR And C17YCLURKS0911AXIMENT PHOTO IIS . • STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: (A separate application fs required Tfor each com_missfon) PERSONAL INFORMATION: Name - Residence Length of time at this Address: C E -mall address Home Phone No. Cell/Message Phone No. Are you 18 years of age or older? :� Are you registered to vote In the City of Baldwin Park? Do you currently serve as an elected or appoinjed offldal for any board and/or agency within the City of Baldwin Park? If yes, name of agency and positlon: 'ai, i Lua sorra L'AiFesl lC b XV1 EDUCATION: za�G.E.D.? Circle Highest grade you completed: 1 2 3 4 6 8 7 8 9 10 11 %�2 i High School Graduate? EMPLOYMENT INFORMATION I EXPERIENCE: A. REFERENCES: Please provide the names of two (O persons, who are not City of Baidwln Park Elected or•Appointed.Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A convlc(lon Is not an automatic bar to appointment. Each case is considered on Its individual menta. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATI01lr3 If yes, Please list all offenses, date and place of offense(s), and sentencelfine received: 2—C N ACKNOW1.0DOEMENTICERTIFICATION: I understand tW upon Ogng. this apphcatW becomes a public record. carttty i under Pena t�j pf pa4ury under the laws of the State of Callfomia that V*oregolr Is true an Erect. ! bate Signature T:2:rer• �; _F.r,LT''�`'•:i� 34'e � l QF. 4 te,0 a0mihli.fflq 81!Rf .6f t :l'.8.6.®tl _a 4t. 1:, c xt. Residency verification:❑ Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: Appointment date; Residency verification: ❑ Yes 0 No PLEASE ATTACH A CITY OF BALDWIN PARK A UTILITY COPY OF TY BILL AND A APPLICATION FOR CITY COMMISSION A COPY OF YOUR And PHOTO ID STATEMENT OF QUALIFICATIONS APPLICATION IS FOR THE FOLLOWING COMMISSION: --�► (A separate application is required for each commission) PERSONAL INFORMATION: Length of time at this /11P17ir2 Cell/Message Phone No. Are you 18 years of age or older? _ lef Are you registered to vote in the City of Baldwin Park? yes Do you currently serve as an elected or appointed official for any board and/or agency within the City of Baldwin Park? J� If yes, name of agency and position: EDUCATION: Circle Highest grade you completed: 1 2 3 4 5 6 7 8 9 10 11 12 High School Graduate? _df G.E.D.? S /d '%� � Pit'-lL'41..L-Dye-/7 irv✓ PS C�tt�/t�9v- EMPLOYMENT INFORMATION / EXPERIENCE: 11K,,. REFERENCES: Please provide the names of two (@) persons, who are not City of Baldwin Park Elected or Appointed Officials and who can comment on your capabilities and character. IMPORTANT: Read the following carefully and answer completely. A conviction is not an automatic bar to appointment. Each case is considered on its individual merits. HAVE YOU EVER BEEN CONVICTED OF A FELONY OR MISDEMEANOR OTHER THAN A MINOR TRAFFIC VIOLATION? / If yes, Please list all offenses, date and place of offense(s), and sentence/fine received: I understand that upon filing, this application becomes a public record. I certify and nasty of perjury and the laws of the State of California that the foregoing ���/� 1� is`rue an rre . //inn& Date Signature Dci`NWWrite Balow:thls Llnp 'F&Ot "-:lJse C�ifil Resiliency verification: El Yes ❑ No Date: Voter Registration Verification: ❑ Yes ❑ No Residency verification: ❑ Yes ❑ No Date: verification: ❑ Yes ❑ No Appointment date: Term expires: Name �� �/! vG'� �V" Commission Requested: STATEMENT OF QUALIFICATIONS: Use this space to list your goals and objectives and why you feel you should be appointed to the commission for which you are applying. Please include any additional information you feel will be beneficial to the Council in consideration of your appointment to this commission. Fj s t-� 1/V AiM151 ;WE %�r A`-1 ifs ' ! Date: 11 ?_ Notice: Please be advised that you and your qualifications meeting. C� !ussed by the City Council at an open This Application and Statement of Qualification will be kept on file for two (2) years. During this time, should a vacancy occur in the commission for which you have requested consideration of appointment, your application will be included in the pool of applicants provided however, that you submit current proof of residency at the time of said recruitment. Failure to provide current proof of residency with each recruitment will invalidate this application. SOt/TIiERN CALIFORNIAo paperless at www.sce.com/ebilling. ft's fast, easy and secure. JN�IA� w E D I C O I For hiking and service irx-juiries Your electricity bill J '1-800-684-8123! An EDISON INTERNA77ONALD Company WMIV.SCe. ono LOZANO, ' Page 1 of A Customer unt Rot a NANCY LOZANO Service account repared 11110 Your past and current electr' ' usage 14 516 Your next billing cycle W111 end on or about 07/24/1 g. Your daily average electricity usage (kWh) 2 Years ago: 17.53 Last year. 17.77 This year: 16.13 39 26 13 a �.+.wg sep W Nov Dec Jan Feb Mar Apr May Jun 17 '18 '18 '18 '18 118 118 '18 119 119 119 '19 '19 '19 Please return the payment stub below with your payment and make your check payable to SouUlern California Edison. -(14-574) - - - -Tear here ^ - - - 1f You want to pay in person, call 1.800-747-8908 (or locations, or you can pay online at www sce orale '-'-'------------------------------------------- Te---ar ------- .r Exhibit "B" Roster of Commission Members m E O t F- e rn Z Z Z Z Z cu a a a a a c� > > > > > O-� O �► O I I I 1 T- N M 1 # CL U) o 'o v 4) u c O a O O O O T) E O U O 7 IO m ? N co I- I—F- U e�- Q Q Q a Q Q Q i > N 3 # It _ GI d Gj G1 G> d1 d (n O •yam O O N E E O U N y Z Z Z ayi V x .0U O y Q Q U Q U �Q C= > > CC�� Vi CoV' � Z IOs-M Z 100) I Z s I �E' air Q =�,zz a U 0,0 U 3-O� �O a � U = �, r 2) =I-•' 3 a `1 a CSM ` a > = _ .. N E Z > U > Q E«°o 1 I =aio M ��i6 Io V a a 2-45-r,; U U 2 CDC I C d C t ocn (n `_' Is CLX o w CL w oo m (_ o G I Q O¢ m V O ;C ai .V N Ele y V d y V V E OO O U _ O rn C f'CA t0 N T d N _ (D (a N �nao �00 a)� L7 O, O1p OHO) y�ao deo cflao a CLQ) 1d�0 O IL'O O may`-m�0 C W N = ; M ��� �o` �MM w ��C\ c c �� Yv y LUC cv(o co W Eco y a�o c U C rri C U1 c y #oL U� y �•o2 it x 4k aX I•o� M aX o? 0.X d nX ew d ClW 0aw o_¢ �¢w 0aw ,E°aw NO O O E U J 11 L�T 171 201125' 11 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Monica Garcia Alejandra Avila Paul C. Hernandez Ricardo Pacheco Chair Vice Chair Board Member Board Member Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DEAPAGAR SUS TELEFONOS CELULARES YBEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the Housing Authority on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the Board, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse a la Agencia nombrada en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que este bajo su jurisdiccion. Si usted desea la oportunidad de dirigirse a la Agencia, podra hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay un interprete para su conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Finance Authority that is distributed to the Finance Authority less than 72 hours prior to that meeting will be available for public inspection at City Hall in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - Thursday, 7:30 a.m. - 6:00 p.m.) FINANCE AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista algana emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximal. (Codigo de Gobierno §54954.2] CONSENT CALENDAR 1. Treasurer's Report — May 2019 Staff recommends that the Board receive and file the Treasurer's Report for May 2019. ADJOURNMENT CERTIFICATION I, Lourdes Morales, Chief Deputy Secretary of the Finance Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 11th day of July, 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 Imorales(a)bald winpark. com. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) ITEM NO. I TO: Honorable Chair and Board Members of the Financing Authority FROM: Rose Tam, Director of Finance DATE: July 17, 2019 SUBJECT: Treasurer's Report — May 2019 SUMMARY Attached is the Treasurer's Report for the month of May 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for May 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 5/31/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 2.45% Varies Varies $ 34,087,070.18 $ 34,087,070.16 $ 34,087,070.18 $ 34,087,070.18 Housing Authority 2.45% Varies Varies 13,665.34 13,655.34 13,655.34 13,665.34 34,100,725.52 34,100,726.52 34,100,725.52 34,100,726.52 Certificate of Deposit Citibank National Association (Mutual Securities) 2.65% 1/26/2019 1/25/2021 250,000.00 260,000.00 250,000.00 250,667.50 Goldman Sachs Bk USA NY (Mutual Securities) 2.25% 1/24/2018 1/24/2020 250,000.00 250,000.00 250,000.00 249,717.60 Sallie Mae Sk SLT Lake City UT (Mutual Securities) 2.26% 1/24/2018 1/24/2020 250,000.00 250,000.00 260,000.00 249,717.50 Morgan Stanley Bank N A Utah (Cantella) 2.641/6 4/19/2018 4/20/2020 260,000.00 250,000.00 250,000.00 260,452.60 Barclays Bank Del (Cantella) 3.05% 12119/2018 12/21/2020 250,000.00 250,000.00 250,000.00 262,167.50 1,250,000.00 1,250,000.00 1,250,000.00 1,262,722.50 Fiscal Agent Funds (Trust/Debt Service Fund) Varies Varies Varies 8,177,789.37 8,177,789.37 8,177,789.37 8,177,789.37 Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund; Varies Varies Varies 1,908,696.06 1,908,596.06 1,908,596.06 1,908,596.06 10,086,385.43 10,086,385.43 10,086,385.43 10,086,386.43 $ 46,437,110.96 $46437,110.95 46,437,10.86 $ 46,439,833,48 S Total Investments $ 46,437,110.95 Cash with Bank of the West City Checking 1,832,837.48 Money Market Plus 132,906.68 City Miscellaneous Cash 83,431.03 Successor Agency 390,663.06 Housing Authority 189,196.84 Financing Authority 11,700.00 Investment Brokerage 55.64 Total Cash with Bank of the West 2,640,790.73 Total Cash and Investments $ 48,077,901.68 Schedule of Cash and Investments includes city-wide assets as included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transactions made for the month of May 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 at seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are In compliance to the City's Statement of Investment Policy. Approved by: Rose Tam Director of Finance AGENDA BALDWIN PARK HOUSING AUTHORITY JULY 17, 2019 7:00 PM REGULAR MEETING COUNCIL CHAMBER 14403 E. PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 HUB OF% H E V SAN G,hBIRIEL �• 0 O�A�� JA1SVp`� Manuel Lozano - Chair Monica Garcia - Vice Chair Alejandra Avila - Board Member Paul C. Hernandez - Board Member Ricardo Pacheco - Board Member PLEASE TURN OFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FA VOR DE APAGAR SUS TEL EFONOS CEL VLA RES Y BEEPERS DUP. ANTE LA JUNTA PUBLIC COMMENTS COMENTARIOS DEL PUBLICO The public is encouraged to address the Housing Authority Se invita al publico a dirigirse a la Agencia nombrada en esta on any matter posted on the agenda or on any other agenda, para hablar sobre cualquier asunto publicado en matter within its jurisdiction. If you wish to address the la agenda o cualquier tema que est6 bajo su jurisdicci6n. Board, you may do so during the PUBLIC Si usted desea la oportunidad de dirigirse a la Agencia, podra COMMUNICATIONS period noted on the agenda. Each hacerlo durante el periodo de Comentarios del Publico (Public person is allowed three (3) minutes speaking time. A Communications) anunciado en la agenda. A cada persona se Spanish speaking interpreter is available for your le permite hablar por tres (3) minutos. Hay un int6rprete para su convenience. conveniencia. Any written public record relating to an agenda item for an open session of a regular meeting of the Housing Authority tributed to the Housing Authority less than 72 hours prior to that meeting will be available for public inspection all in the City Clerk's office at 14403 E. Pacific Avenue, 3rd Floor during normal business hours (Monday - , 7:30 a.m. - 6:00 p.m.) L HOUSING AUTHORITY REGULAR MEETING — 7:00 PM CALL TO ORDER ROLL CALL Board Members: Alejandra Avila, Paul C. Hernandez, Ricardo Pacheco Vice Chair Monica Garcia and Chair Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE COMMISSION No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL COMIS16N No se podra tomar acci6n en algCln asunto a menos que sea incluido en la agenda, o a menos que exista a1gC1na emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y1d fijar asuntos para tomar en consideraci6n en juntas proximas. [CodigodeGobiemo §54954.2] CONSENT CALENDAR 1. Warrants and Demands Staff recommends that the Board ratify the attached Warrants and Demands Register. 2. Treasurer's Report — May 2019 Staff recommends that the Board receive and file the Treasurer's Report for May 2019. 3. Joint Update of the City of Baldwin Park and Baldwin Park Housing Authority City - Wide Fee Schedule Based On Consumer Price Index (CPI) And Other Adjustments Staff recommends the City Council to approve the proposed updated City -Wide Fee Schedule and corresponding Resolution Numbers CC 2019-034 and HA 2019-003. ADJOURNMENT CERTIFICATION 1, Lourdes Morales, Chief Deputy Secretary of the Housing Authority hereby certify under penalty of perjury under the laws of the State of California that the foregoing agenda was posted on the City Hall bultetin board not less than 72 hours prior to the meeting. Dated this 11th day of July, 2019. W ma"A Lourdes Morales, Chief Deputy City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each item on this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or via e-mail at Imorales(@_baldwinpark.co . In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) ITEM NO. TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance DATE: July 8, 2019 SUBJECT: Baldwin Park Housing Authority's Warrants and Demands SUMMARY Attached are the Warrants and Demands Registers for the City of Baldwin Park Housing Authority to be ratified by the Board. RECOMMENDATION Staff recommends that the Board ratify the attached Warrants and Demands Register. FISCAL IMPACT The total of the Warrants and Demands for Housing Authority is $366,200.48. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee does hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous meeting and the following is a summary of the payment released: 1. The June 11 to July 8, 2019 Warrant check numbers from 72221 through 72225 in the amount of $2,105.78 and Automated Clearing House (ACH) in the amount of $364,094.70 were made on behalf of City of Baldwin Park Housing Authority constituting of claims and demands, are herewith presented to the Board as required by law, and hereby ratified. LEGAL REVIEW Not Applicable ATTACHMENT 1. Happy Check Register 2. Happy Check Register ACH Attachment 1 Happy Check Register CHECK REGISTER July 8, 2019 Date Range: 06/11/2019...07/08/2019 Grouped by.- y.VMS VMSDate Range: All Sorted by. Check Number Program: All Check Number Payment Type: All Check Numbers: All Direct Deposit: Exclude Check Cleared. All Port Status: Include Port Ins Zero HAPs: Include Zero HAPs Voided Payments., Include Voided Payments Held Checks: Include Held Checks v/ Check Number Check Date Payee Name DD Amount ❑ 72221 07/01/2019 Annie L Henderson ❑ 15.00 ❑ 72222 07/01/2019 City of Carlsbad ❑ 787.50 ❑ 72223 07/01/2019 City of Glendale Housing Authority ❑ 1258.28 ❑ 72224 07/01/2019 Nora M. Aguila ❑ 24.00 ❑ 72225 07/01/2019 Vanessa G Ross ❑ 21.00 Total $2,105.78 Average $300.83 Unit Count 2 Average Weighted by Unit Count $955.00 Hard to House Count 0 HAPPY Software Page 1 07/08/2019 10:42:12 AM Attachment 2 Happy Check Register ACH CHECK REGISTER ACH July 8, 2019 Date Range: 06/11/2019...07/08/2019 Grouped by: VMS Date Range: All Sorted by. Check Number Program: All Check Number Payment Type: All Check Numbers: All Direct Deposit: Only Check Cleared., All Port Status. Include Port Ins Zero HAPs: Include Zero HAPs Voided Payments: Include Voided Payments Held Checks: Include Held Checks y/ Check Number Check Date Payee Name DD Amount 0 20419 07/01/2019 0 1103.00 ❑ 20420 07/01/2019 1015 West Garvey West Covina, LP ® 510.00 ❑ 20421 07/01/2019 1024 Royal Oaks LP dba Whispering Fountains ® 11524.00 ❑ 20422 07/01/2019 Aaron Abdus Shakoor ® 1056.00 ❑ 20423 07/01/2019 Alamitas LLC ® 1777.00 0 20424 07/01/2019 Alan Wu ® 819.00 ❑ 20425 07/01/2019 Alejandra Gutierrez ® 920.00 ❑ 20426 07/01/2019 Alfred Tai -Kong Ho and Lisa Chen ® 664.00 ❑ 20427 07/01/2019 Allan M. & Virginia J Chipp and Ralph Seline ® 3170.00 ❑ 20428 07/01/2019 Alta Vista Villas, LP ® 744.00 ❑ 20429 07/01/2019 AMFP IV Atrium LLC c/o Abacus Capital Group LLC ® 1118.00 ❑ 20430 07/01/2019 Amparo M Limon ® 664.00 ❑ 20431 07/01/2019 Amy Si On ® 778.00 0 20432 07/01/2019 Ana Thai ® 929.00 ❑ 20433 07/01/2019 Andrew & Eva Fogg ® 1551.00 ❑ 20434 07/01/2019 Anna & Simon Choi ® 950.00 ❑ 20435 07/01/2019 Annette C Scott ® 1513.00 ❑ 20436 07/01/2019 Antonio & Aida Rinos ® 1620.00 ❑ 20437 07/01/2019 ASCENSION HOLDINGS LLC ® 1019.00 ❑ 20438 07/01/2019 Badillo Street Senior Apartments, LLC ® 11645.00 ❑ 20439 07/01/2019 Baldwin Park Family Housing Limited ® 12935.00 ❑ 20440 07/01/2019 Billy Theodorakopoulos ® 869.00 ❑ 20441 07/01/2019 Blessed Rock of EI Monte ® 6780.00 ❑ 20442 07/01/2019 Brookhollow Apartments ® 3597.00 ❑ 20443 07/01/2019 Central Apartments #2 ® 1661.00 ❑ 20444 07/01/2019 Chen Jackson ® 293.00 ❑ 20445 07/01/2019 Chung Thi Pham ® 2109.00 ❑ 20446 07/01/2019 Cienega Garden Apartments ® 3755.00 ❑ 20447 07/01/2019 Cipriano Salazar Jr. ® 882.00 ❑ 20448 07/01/2019 Clinett Glazis ® 991.00 ❑ 20449 07/01/2019 Covina 023 Woods 206 LP - Pama Management 206 ® 1129.00 0 HAPPY Software Page 1 07/08/2019 10:46:29 AM ❑ 20450 07/01/2019 Cynthia Pham ® 765.00 ❑ 20451 07/01/2019 Dajojo, LLC ® 785.00 ❑ 20452 07/01/2019 Denise Van Pham ® 1369.00 ❑ 20453 07/01/2019 Derek Sim ® 842.00 ❑ 20454 07/01/2019 Dieu Van Huynh ® 969.00 ❑ 20455 07/01/2019 Dieu-Thuy Nu Ton ® 1549.00 ❑ 20456 07/01/2019 Dimitris Papadopoulous ® 1055.00 ❑ 20457 07/01/2019 Dinghwa Eddy Liu ® 1515.00 ❑ 20458 07/01/2019 Doan & Lily Thi ® 1393.00 ❑ 20459 07/01/2019 Don Norwood ® 1409.00 ❑ 20460 07/01/2019 Donna J Falls ® 765.00 ❑ 20461 07/01/2019 Doreen Han ® 994.00 ❑ 20462 07/01/2019 Dung Tran ® 623.00 ❑ 20463 07/01/2019 Dung Trung Pham and Tammy Tram Dang ® 347.00 ❑ 20464 07/01/2019 EI Monte Housing Partners LP ® 2769.00 ❑ 20465 07/01/2019 Emilio De Jesus Cruz ® 537.00 ❑ 20466 07/01/2019 Eric C. Otte ® 950.00 ❑ 20467 07/01/2019 Estate of Rosetta Mix ® 843.00 ❑ 20468 07/01/2019 Eunice Property, LLC ® 1050.00 ❑ 20469 07/01/2019 EZ APT LLC ® 1278.00 ❑ 20470 07/01/2019 Fanny Chan ® 729.00 0 20471 07/01/2019 Fat Law ® 1050.00 ❑ 20472 07/01/2019 Francisco J. Sanchez and Gloria Emma Sanchez ® 778.00 0 20473 07/01/2019 Fred Lau ® 920.00 ❑ 20474 07/01/2019 Garvey Senior Affordable Partners, LP ® 422.00 ❑ 20475 07/01/2019 German Ghibaudo ® 1050.00 ❑ 20476 07/01/2019 Gilbert Dominguez ® 2212.00 ❑ 20477 07/01/2019 Grace Chiou ® 1267.00 ❑ 20478 07/01/2019 Greater San Gabriel Valley Property Management, Inc. ® 1836.00 ❑ 20479 07/01/2019 Group IX BP Properties, LP ® 397.00 ❑ 20480 07/01/2019 Guillermo Vasquez ® 1170.00 0 20481 07/01/2019 Ha X Van ® 2193.00 0 20482 07/01/2019 Henry Ho ® 838.00 ❑ 20483 07/01/2019 Henry Wong ® 1686.00 ❑ 20484 07/01/2019 Heritage Park Villas LP ® 14600.00 ❑ 20485 07/01/2019 Hilbert Properties II ® 755.00 ❑ 20486 07/01/2019 Hui Chuan Wang ® 3487.00 ❑ 20487 07/01/2019 Isabel R Sanchez ® 1037.00 ❑ 20488 07/01/2019 Jaime Barcena ® 918.00 ❑ 20489 07/01/2019 James or Barbara Fox ® 718.00 ❑ 20490 07/01/2019 JBMW Investment, LLC ® 764.00 0 20491 07/01/2019 Jeff Ma ® 343.00 ❑ 20492 07/01/2019 Jim & Nancy Bailey ® 596.00 ❑ 20493 07/01/2019 Jocelyn Jae Jhong ® 2105.00 0 20494 07/01/2019 Joe Clark ® 1255.00 ❑ 20495 07/01/2019 John Nguyen ® 650.00 0 HAPPY software Page 2 07/08/2019 10:46:29 AM ❑ 20496 07/01/2019 John W. Ruwitch and Anh Lam Truong ® 786.00 ❑ 20497 07/01/2019 John Young ® 644.00 ❑ 20498 07/01/2019 Jose Baudelio Delgado ® 918.00 ❑ 20499 07/01/2019 Joseph H. Garcia ® 3175.00 ❑ 20500 07/01/2019 Joseph M. Kwok ® 1817.00 ❑ 20501 07/01/2019 Joseph Pham ® 814.00 ❑ 20502 07/01/2019 Joseph T. Tung ® 886.00 ❑ 20503 07/01/2019 Juan Alvarado ® 266.00 0 20504 07/01/2019 Jun Tang ® 1353.00 ❑ 20505 07/01/2019 Jun Ye and Ming Feng ® 1483.00 ❑ 20506 07/01/2019 Kan Investments LTD, LLC ® 554.00 ❑ 20507 07/01/2019 Karen Lin ® 129.00 ❑ 20508 07/01/2019 Kim Chau ® 837.00 ❑ 20509 07/01/2019 Kimberly Nguyen ® 729.00 ❑ 20510 07/01/2019 Kimberly U Dao ® 545.00 ❑ 20511 07/01/2019 Kwan Chiang ® 1072.00 ❑ 20512 07/01/2019 LAI MING LEUNG ® 232.00 ❑ 20513 07/01/2019 Lan Hua Mi Ku ® 898.00 ❑ 20514 07/01/2019 Lark Ellen Village ® 6277.00 ❑ 20515 07/01/2019 Larry Chow ® 2870.00 ❑ 20516 07/01/2019 Larry Mimms ® 1067.00 ❑ 20517 07/01/2019 Larry Pratt or Doreen E. Ewing ® 1681.00 ❑ 20518 07/01/2019 LAT Investments, LLC ® 3665.00 ❑ 20519 07/01/2019 LEFA Trust ® 865.00 ❑ 20520 07/01/2019 Leslie K Ng ® 895.00 0 20521 07/01/2019 Lien Diep ® 1223.00 ❑ 20522 07/01/2019 Linda Man ® 767.00 ❑ 20523 07/01/2019 Lois J Gaston ® 1029.00 ❑ 20524 07/01/2019 Louis Tong ® 1087.00 ❑ 20525 07/01/2019 Lourdes Vela ® 3004.00 ❑ 20526 07/01/2019 Luan Trong Hoang ® 744.00 ❑ 20527 07/01/2019 Lucena A Ewing ® 2552.00 ❑ 20528 07/01/2019 Mack E Titus ® 537.00 ❑ 20529 07/01/2019 Malcolm Oso ® 560.00 ❑ 20530 07/01/2019 Mallorca Apartments, LTD ® 881.00 ❑ 20531 07/01/2019 Man Sze Ma ® 1219.00 ❑ 20532 07/01/2019 Maria Luz Rodriguez ® 449.00 ❑ 20533 07/01/2019 Marina Alvarez ® 2379.00 ❑ 20534 07/01/2019 Mark T. Fernandez ® 476.00 ❑ 20535 07/01/2019 Mary L Haynes ® 990.00 ❑ 20536 07/01/2019 Mayra Ortega ® 818.00 ❑ 20537 07/01/2019 Melody (Muoi) Dao ® 1270.00 ❑ 20538 07/01/2019 Michael Alfred Alarcon ® 1380.00 ❑ 20539 07/01/2019 Michael H Phuong ® 1498.00 ❑ 20540 07/01/2019 Michael I. or Ling Brooks ® 1113.00 ❑ 20541 07/01/2019 Minh A Nguyen ® 734.00 0 HAPPY software Page 3 07/08/2019 10:46:29 AM ❑ 20542 07/01/2019 Mohamad Tavakkoli ® 4356.00 ❑ 20543 07/01/2019 Moller Property Management ® 901.00 ❑ 20544 07/01/2019 Monica Alber ® 906.00 ❑ 20545 07/01/2019 Monrovia 612, LP ® 9103.00 ❑ 20546 07/01/2019 Monrovia Heritage Park LP ® 17106.00 ❑ 20547 07/01/2019 Monrovia Heritage Park LP ® 999.00 ❑ 20548 07/01/2019 Mousa Boushaaya ® 1050.00 ❑ 20549 07/01/2019 Nancy H Shen ® 921.00 ❑ 20550 07/01/2019 NgocT. Lieu ® 1848.00 ❑ 20551 07/01/2019 Nomer Lacson ® 1275.00 ❑ 20552 07/01/2019 Olie S Johnson ® 881.00 ❑ 20553 07/01/2019 Olive RE Holdings, LLC ® 3445.00 ❑ 20554 07/01/2019 Orange County Housing Authority ® 1410.70 ❑ 20555 07/01/2019 Pacific Towers Senior Apartments - TDF LP ® 4346.00 ❑ 20556 07/01/2019 Palo Verde Apartments, LP ® 928.00 ❑ 20557 07/01/2019 PAMA IV Properties, LP ® 2112.00 ❑ 20558 07/01/2019 Paramjit S Nijjar ® 2185.00 ❑ 20559 07/01/2019 Paul & Annie W Chau ® 957.00 ❑ 20560 07/01/2019 Paul P Simon ® 987.00 0 20561 07/01/2019 Paul Yen ® 594.00 ❑ 20562 07/01/2019 Peter R Nasmyth ® 680.00 ❑ 20563 07/01/2019 Philip Tsui ® 920.00 ❑ 20564 07/01/2019 Primrose Villa ® 5256.00 ❑ 20565 07/01/2019 Quoc T. Vo ® 799.00 ❑ 20566 07/01/2019 Quy Duc Tran ® 205.00 ❑ 20567 07/01/2019 Ramiro S. Viramontes Separate Property Trust dated ® 435.00 ❑ 20568 07/01/2019 RAMONA BLVD FAMILY APARTMENTS, L.P. ® 3221.00 ❑ 20569 07/01/2019 Raul Varela Ayala ® 878.00 ❑ 20570 07/01/2019 Richard A DaSylveira ® 778.00 ❑ 20571 07/01/2019 Robert Lawe ® 873.00 ❑ 20572 07/01/2019 Roger Hin Nam Mak ® 7632.00 ❑ 20573 07/01/2019 Roland Wiekamp ® 1307.00 ❑ 20574 07/01/2019 Roman Basin ® 456.00 ❑ 20575 07/01/2019 Ronald & Pamela Layne ® 526.00 ❑ 20576 07/01/2019 Rosa Beltran ® 1141.00 ❑ 20577 07/01/2019 Rosa Lamas-Serratos ® 713.00 ❑ 20578 07/01/2019 Rosie Leon ® 774.00 0 20579 07/01/2019 Roy Lam ® 891.00 ❑ 20580 07/01/2019 SAE GROUP, LLC ® 1410.00 0 20581 07/01/2019 Sara Romo ® 1176.00 ❑ 20582 07/01/2019 Sal Homes LLC ® 7206.00 ❑ 20583 07/01/2019 Sergio Molina ® 258.00 ❑ 20584 07/01/2019 Shiu-Ein Huang ® 435.00 ❑ 20585 07/01/2019 Singing Wood Senior Housing LP ® 1833.00 ❑ 20586 07/01/2019 Sitara B. Mamdani ® 1456.00 ❑ 20587 07/01/2019 Siu Fung Mak ® 1381.00 0 HAPPY Software Page 4 07/08/2019 10:46:29 AM Total $364,094.70 Average $886.88 Unit Count 408 Average Weighted by Unit Count $891.17 Hard to House Count 2 0 HAPPY Software Page 5 07/08/2019 10:46:29 AM ❑ 20588 07/01/2019 Sophia Wong ® 1671.00 ❑ 20589 07/01/2019 Steadfast Cameron Park LP ® 1055.00 ❑ 20590 07/01/2019 Sui Man Mak ® 720.00 ❑ 20591 07/01/2019 Sylvester Carter ® 1146.00 ❑ 20592 07/01/2019 T & P Property LLC ® 789.00 ❑ 20593 07/01/2019 T & T Asset Holding, LLC ® 2649.00 ❑ 20594 07/01/2019 Takis Bogris ® 667.00 ❑ 20595 07/01/2019 Tanya H Chen ® 916.00 ❑ 20596 07/01/2019 Thanh M Tang ® 608.00 ❑ 20597 07/01/2019 The Promenade Housing Partners, LP ® 3016.00 ❑ 20598 07/01/2019 The Sam Gurrinkel and Renee Gurfinkel Revocable 1996 ® 1352.00 ❑ 20599 07/01/2019 Therisa L Tyck ® 1056.00 ❑ 20600 07/01/2019 Thomas Pang ® 1424.00 ❑ 20601 07/01/2019 Tinh Van Le ® 541.00 ❑ 20602 07/01/2019 Tom Cinquegrani ® 1084.00 0 20603 07/01/2019 Tom Lee ® 647.00 ❑ 20604 07/01/2019 Tuan Viet Ho ® 1681.00 ❑ 20605 07/01/2019 Up Hill Investment Inc. ® 1227.00 ❑ 20606 07/01/2019 Van T Tran ® 1106.00 ❑ 20607 07/01/2019 Velma Alarcon Gandara ® 1172.00 ❑ 20608 07/01/2019 Vijay Gulati ® 2836.00 ❑ 20609 07/01/2019 Vinh H. Lai ® 955.00 ❑ 20610 07/01/2019 Vintage West Covina ® 10502.00 ❑ 20611 07/01/2019 Virginia Carlson ® 1061.00 ❑ 20612 07/01/2019 Wai Keng Tam ® 965.00 ❑ 20613 07/01/2019 West Covina Senior Villas II, LP ® 578.00 ❑ 20614 07/01/2019 West Covina Seniors Villas 1 ® 1293.00 ❑ 20615 07/01/2019 William J Rogers ® 995.00 ❑ 20616 07/01/2019 Wilson Apartment Associates L.P. ® 3488.00 ❑ 20617 07/01/2019 Woodside Village Apartments LP ® 7413.00 ❑ 20618 07/01/2019 Xitlalai Sanchez ® 1014.00 ❑ 20619 07/01/2019 Xue Fen Xu ® 1186.00 ❑ 20620 07/01/2019 Xuyen Thach Han ® 1669.00 ❑ 20621 07/01/2019 Y & H Investment, Inc. ® 1568.00 ❑ 20622 07/01/2019 Zi Jian Li ® 1268.00 Total $364,094.70 Average $886.88 Unit Count 408 Average Weighted by Unit Count $891.17 Hard to House Count 2 0 HAPPY Software Page 5 07/08/2019 10:46:29 AM ITEM NO. 02 - TO: Honorable Chair and Board Members of the Housing Authority FROM: Rose Tam, Director of Finance $ A SA sk E IEL a DATE: July 17, 2019 `�✓ JAW SUBJECT: SUBJECT: Treasurer's Report — May 2019 SUMMARY Attached is the Treasurer's Report for the month of May 2019. The Treasurer's Report lists all cash for the City which includes the Baldwin Park Financing Authority, the Housing Authority, and the Successor Agency to the Community Development Commission (CDC). All investments are in compliance with the City's Investment Policy and the California Government Code. RECOMMENDATION Staff recommends that Council receive and file the Treasurer's Report for May 2019. FISCAL IMPACT None BACKGROUND City of Baldwin Park Investment Policy requires the Treasurer's Report be submitted to the Mayor and City Council on a monthly basis. LEGAL REVIEW Not Applicable ATTACHMENT 1. Exhibit "A", Treasurer's Report Exhibit "A" Treasurer's Report CITY OF BALDWIN PARK TREASURER'S REPORT 5/31/2019 ESTIMATED INVESTMENT INTEREST PURCHASE MATURITY PAR CURRENT BOOK MARKET DESCRIPTION RATE DATE DATE VALUE PRINCIPAL VALUE VALUE State of California Local Agency Investment Fund (LAIF) City -Including General Fund & all other Special Revenue Funds 2.45% Varies Varies Housing Authority 2.45% Varies Varies Certificate of Deposit $ 34,087,070.18 $ 34,087,070.18 $ 34,087,070.18 Citibank National Association (Mutual Securities) 2.65% 1/25/2019 1/25/2021 Goldman Sachs Bk USA NY (Mutual Securities) 2.26% 1/24/2018 1/2412020 Sallie Mae Bk SLT Lake City UT (Mutual Securities) 2.26% 1/24/2018 1/24/2020 Morgan Stanley Bank N A Utah (Cantella) 2.640/6 4/19/2018 4/20/2020 Barclays Bank Del(Cantella) 3.05% 12/19/2018 12/21/2020 Fiscal Agent Funds (TrusUDebt Service Fund) Varies Varies Varies Fiscal Agent Funds - Successor Agency (Trust/Debt Service Fund; Varies Varies Varies $ 34,087,070.18 $ 34,087,070.18 $ 34,087,070.18 $ 34,087,070.18 13,655.34 13,665.34 13,655.34 13,665.34 34,100,725.52 34,100,725.52 34,100,726.62 34,100,725.52 250,000.00 250,000.00 250,000.00 250,667.60 250,000.00 250,000.00 250,000.00 249,717.50 250,000.00 250,000.00 260,000.00 249,717.50 260,000.00 250,000.00 250,000.00 250,452.50 250,000.00 250,000.00 250,000.00 252,167.60 1,260,000.00 1,260,000.00 1,250,000.00 1,252,722.60 8,177,789.37 8,177,789.37 8,177,789.37 8,177,789.37 1,908,696.06 1,908,596.06 1,908,596.06 1,908,596.06 10,086,385.43 10,086,386.43 10,086,386.43 10,086,386.43 $ 46,437,110.95 $ 45,438,833.46 46,437,110.95 $ 45 437110 96 $ Total Investments $ 45,437,110.95 Cash with Bank of the West City Checking 1,832,837.48 Money Market Plus 132,906.68 City Miscellaneous Cash 83,431.03 Successor Agency 390,663.06 Housing Authority 189,196.84 Financing Authority 11,700.00 Investment Brokerage 55.64 Total Cash with Bank of the West 2,640,790.73 Total Cash and Investments $ 48,077,901.88 Schedule of Cash and investments includes city-wide assets as Included in the Comprehensive Annual Financial Report. There was no investment maturity/purchase transactions made for the month of May 2019 and several deposits/withdrawals were made through the Local Agency Investment Fund. In compliance with the California Government Code Section 53646 et seq., I hereby certify that sufficient investment liquidity and anticipated revenues are available to meet the City's expenditure requirements for the next six months that all investments are in compliance to the City's Statement of Investment Policy. Approved by: Ea2C� Rose Tam �- Director of Finance STAFF REPOR ITEM NO. 3 TO: Honorable Mayor/Chair and Members of the City Council for the City of Baldwin Park and Housing Authority FROM: Shannon Yauchzee, Chief Executive Officer Rose Tam, Director of Finance / DATE: July 17, 2019/ SUBJECT: Joint Update of the City of Baldwin Park and Baldwin Park Housing Authority City -Wide Fee Schedule Based On Consumer Price Index (CPI) And Other Adjustments SUMMARY The California Government Code allows cities to recover all or a portion of the cost of providing exchange -based services through the application of fees. Annually, an updated City -Wide Fee Schedule is recommended to (1) maintain appropriate recovery ratios of service costs, (2) add or delete fees for service, and/or (3) incorporate pre-existing fees or charges that should be included in the Fee Schedule. Staff recommends about a 2% increase to some of the City fees which is still less than the average CPI for the Los Angeles area which has increased 3.1 % annually as of May 2019 (refer to Attachment #2) while others might have slight increase or be reduced. RECOMMENDATION Staff recommends that the City Council approve the proposed updated City -Wide Fee Schedule and corresponding Resolution Numbers CC 2019-034 and HA 2019-003. FISCAL IMPACT Charges for services are an important revenue source for the City's operating budget. The charges only apply to those customers benefiting from the service. There would be an estimate of $35,000 increase to the General Fund and a limited/minor fiscal impact to the Section 8 and Public Housing funds. BACKGROUND Based on the Consumer Price Index (CPI) and the overview of the existing City -Wide Fee Schedule, the City Staff has updated the Schedule with 2% increase to some of the fees while others might have slight increase or be reduced (refer to Exhibit A). Some of the fees will remain unchanged such as the building plan check and inspection, impound/stored vehicle release, animal license fee, and business license fee. There will be slight increases in Planning fees and some of the Recreation program fees. ALTERNATIVE Provide staff alternative direction whether to proceed with the proposed updated Fee Schedule or not. LEGAL REVIEW The City Attorney has reviewed this report, resolutions and approved the public hearing notice for the meeting. ATTACHMENT Please refer to the City Council Regular Agenda